In the Senate of the United States, 

March 25, 2020. 

Resolved, That the bill from the House of Representatives (H.R. 748) entitled ‘‘An Act to amend the Internal Revenue Code of 1986 to repeal the excise tax on high cost employer-sponsored health coverage.’’, do pass with the following 

AMENDMENT: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE. 

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

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

4 SEC. 2. TABLE OF CONTENTS. 

5 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. 
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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. 

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. 
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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. 

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. 
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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. 
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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. 

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. 
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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. 

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. 
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† HR 748 EAS 

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 

1 SEC. 3. REFERENCES. 

2 Except as expressly provided otherwise, any reference 

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

4 be treated as referring only to the provisions of that divi5 sion. 
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1 DIVISION A—KEEPING WORKERS 

2 PAID AND EMPLOYED, 

3 HEALTH CARE SYSTEM EN4 HANCEMENTS, AND ECO5 NOMIC STABILIZATION 

6 TITLE I—KEEPING AMERICAN 

7 WORKERS PAID AND EM8 PLOYED ACT 

9 SEC. 1101. DEFINITIONS. 

10 In this title— 

11 (1) the terms ‘‘Administration’’ and ‘‘Adminis12 trator’’ mean the Small Business Administration and 

13 the Administrator thereof, respectively; and 

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

15 meaning given the term in section 3 of the Small 

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

17 SEC. 1102. PAYCHECK PROTECTION PROGRAM. 

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

19 Act (15 U.S.C. 636(a)) is amended— 

20 (1) in paragraph (2)— 

21 (A) in subparagraph (A), in the matter pre22 ceding clause (i), by striking ‘‘and (E)’’ and in23 serting ‘‘(E), and (F)’’; and 

24 (B) by adding at the end the following: 
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† HR 748 EAS 

1 ‘‘(F) PARTICIPATION IN THE PAYCHECK

2 PROTECTION PROGRAM.—In an agreement to 

3 participate in a loan on a deferred basis under 

4 paragraph (36), the participation by the Admin5 istration shall be 100 percent.’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(36) PAYCHECK PROTECTION PROGRAM.— 

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

9 ‘‘(i) the terms ‘appropriate Federal 

10 banking agency’ and ‘insured depository in11 stitution’ have the meanings given those 

12 terms in section 3 of the Federal Deposit 

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

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

15 loan made under this paragraph during the 

16 covered period; 

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

18 the period beginning on February 15, 2020 

19 and ending on June 30, 2020; 

20 ‘‘(iv) the term ‘eligible recipient’ means 

21 an individual or entity that is eligible to re22 ceive a covered loan; 

23 ‘‘(v) the term ‘eligible self-employed in24 dividual’ has the meaning given the term in 

25 section 7002(b) of the Families First 
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† HR 748 EAS 

1 Coronavirus Response Act (Public Law 

2 116–127); 

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

4 has the meaning given the term in section 

5 101 of the Federal Credit Union Act (12 

6 U.S.C. 1752); 

7 ‘‘(vii) the term ‘nonprofit organization’ 

8 means an organization that is described in 

9 section 501(c)(3) of the Internal Revenue 

10 Code of 1986 and that is exempt from tax11 ation under section 501(a) of such Code; 

12 ‘‘(viii) the term ‘payroll costs’— 

13 ‘‘(I) means— 

14 ‘‘(aa) the sum of payments of 

15 any compensation with respect to 

16 employees that is a— 

17 ‘‘(AA) salary, wage, 

18 commission, or similar com19 pensation; 

20 ‘‘(BB) payment of cash 

21 tip or equivalent; 

22 ‘‘(CC) payment for va23 cation, parental, family, 

24 medical, or sick leave; 
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1 ‘‘(DD) allowance for 

2 dismissal or separation; 

3 ‘‘(EE) payment re4 quired for the provisions of 

5 group health care benefits, 

6 including insurance pre7 miums; 

8 ‘‘(FF) payment of any 

9 retirement benefit; or 

10 ‘‘(GG) payment of State 

11 or local tax assessed on the 

12 compensation of employees; 

13 and 

14 ‘‘(bb) the sum of payments of 

15 any compensation to or income of 

16 a sole proprietor or independent 

17 contractor that is a wage, com18 mission, income, net earnings 

19 from self-employment, or similar 

20 compensation and that is in an 

21 amount that is not more than 

22 $100,000 in 1 year, as prorated 

23 for the covered period; and 

24 ‘‘(II) shall not include— 
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1 ‘‘(aa) the compensation of an 

2 individual employee in excess of 

3 an annual salary of $100,000, as 

4 prorated for the covered period; 

5 ‘‘(bb) taxes imposed or with6 held under chapters 21, 22, or 24 

7 of the Internal Revenue Code of 

8 1986 during the covered period; 

9 ‘‘(cc) any compensation of an 

10 employee whose principal place of 

11 residence is outside of the United 

12 States; 

13 ‘‘(dd) qualified sick leave 

14 wages for which a credit is al15 lowed under section 7001 of the 

16 Families First Coronavirus Re17 sponse Act (Public Law 116–127); 

18 or 

19 ‘‘(ee) qualified family leave 

20 wages for which a credit is al21 lowed under section 7003 of the 

22 Families First Coronavirus Re23 sponse Act (Public Law 116–127); 

24 and 
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† HR 748 EAS 

1 ‘‘(ix) the term ‘veterans organization’ 

2 means an organization that is described in 

3 section 501(c)(19) of the Internal Revenue 

4 Code that is exempt from taxation under 

5 section 501(a) of such Code. 

6 ‘‘(B) PAYCHECK PROTECTION LOANS.—Ex7 cept as otherwise provided in this paragraph, the 

8 Administrator may guarantee covered loans 

9 under the same terms, conditions, and processes 

10 as a loan made under this subsection. 

11 ‘‘(C) REGISTRATION OF LOANS.—Not later 

12 than 15 days after the date on which a loan is 

13 made under this paragraph, the Administration 

14 shall register the loan using the TIN (as defined 

15 in section 7701 of the Internal Revenue Code of 

16 1986) assigned to the borrower. 

17 ‘‘(D) INCREASED ELIGIBILITY FOR CERTAIN

18 SMALL BUSINESSES AND ORGANIZATIONS.— 

19 ‘‘(i) IN GENERAL.—During the covered 

20 period, in addition to small business con21 cerns, any business concern, nonprofit orga22 nization, veterans organization, or Tribal 

23 business concern described in section 

24 31(b)(2)(C) shall be eligible to receive a cov25 ered loan if the business concern, nonprofit 
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† HR 748 EAS 

1 organization, veterans organization, or 

2 Tribal business concern employs not more 

3 than the greater of— 

4 ‘‘(I) 500 employees; or 

5 ‘‘(II) if applicable, the size stand6 ard in number of employees established 

7 by the Administration for the industry 

8 in which the business concern, non9 profit organization, veterans organiza10 tion, or Tribal business concern oper11 ates. 

12 ‘‘(ii) INCLUSION OF SOLE PROPRI13 ETORS, INDEPENDENT CONTRACTORS, AND

14 ELIGIBLE SELF-EMPLOYED INDIVIDUALS.— 

15 ‘‘(I) IN GENERAL.—During the 

16 covered period, individuals who oper17 ate under a sole proprietorship or as 

18 an independent contractor and eligible 

19 self-employed individuals shall be eligi20 ble to receive a covered loan. 

21 ‘‘(II) DOCUMENTATION.—An eligi22 ble self-employed individual, inde23 pendent contractor, or sole proprietor24 ship seeking a covered loan shall sub25 mit such documentation as is necessary 
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† HR 748 EAS 

1 to establish such individual as eligible, 

2 including payroll tax filings reported 

3 to the Internal Revenue Service, Forms 

4 1099–MISC, and income and expenses 

5 from the sole proprietorship, as deter6 mined by the Administrator and the 

7 Secretary. 

8 ‘‘(iii) BUSINESS CONCERNS WITH

9 MORE THAN 1 PHYSICAL LOCATION.—Dur10 ing the covered period, any business concern 

11 that employs not more than 500 employees 

12 per physical location of the business concern 

13 and that is assigned a North American In14 dustry Classification System code beginning 

15 with 72 at the time of disbursal shall be eli16 gible to receive a covered loan. 

17 ‘‘(iv) WAIVER OF AFFILIATION

18 RULES.—During the covered period, the 

19 provisions applicable to affiliations under 

20 section 121.103 of title 13, Code of Federal 

21 Regulations, or any successor regulation, 

22 are waived with respect to eligibility for a 

23 covered loan for— 

24 ‘‘(I) any business concern with 

25 not more than 500 employees that, as 
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1 of the date on which the covered loan 

2 is disbursed, is assigned a North Amer3 ican Industry Classification System 

4 code beginning with 72; 

5 ‘‘(II) any business concern oper6 ating as a franchise that is assigned a 

7 franchise identifier code by the Admin8 istration; and 

9 ‘‘(III) any business concern that 

10 receives financial assistance from a 

11 company licensed under section 301 of 

12 the Small Business Investment Act of 

13 1958 (15 U.S.C. 681). 

14 ‘‘(v) EMPLOYEE.—For purposes of de15 termining whether a business concern, non16 profit organization, veterans organization, 

17 or Tribal business concern described in sec18 tion 31(b)(2)(C) employs not more than 500 

19 employees under clause (i)(I), the term ‘em20 ployee’ includes individuals employed on a 

21 full-time, part-time, or other basis. 

22 ‘‘(vi) AFFILIATION.—The provisions 

23 applicable to affiliations under section 

24 121.103 of title 13, Code of Federal Regula25 tions, or any successor thereto, shall apply 
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1 with respect to a nonprofit organization 

2 and a veterans organization in the same 

3 manner as with respect to a small business 

4 concern. 

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

6 covered period, with respect to a covered loan, 

7 the maximum loan amount shall be the lesser 

8 of— 

9 ‘‘(i)(I) the sum of— 

10 ‘‘(aa) the product obtained by 

11 multiplying— 

12 ‘‘(AA) the average total 

13 monthly payments by the appli14 cant for payroll costs incurred 

15 during the 1-year period before 

16 the date on which the loan is 

17 made, except that, in the case of 

18 an applicant that is seasonal em19 ployer, as determined by the Ad20 ministrator, the average total 

21 monthly payments for payroll 

22 shall be for the 12-week period be23 ginning February 15, 2019, or at 

24 the election of the eligible recipi-
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† HR 748 EAS 

1 ent, March 1, 2019, and ending 

2 June 30, 2019; by 

3 ‘‘(BB) 2.5; and 

4 ‘‘(bb) the outstanding amount of a 

5 loan under subsection (b)(2) that was 

6 made during the period beginning on 

7 January 31, 2020 and ending on the 

8 date on which covered loans are made 

9 available to be refinanced under the 

10 covered loan; or 

11 ‘‘(II) if requested by an otherwise eligi12 ble recipient that was not in business dur13 ing the period beginning on February 15, 

14 2019 and ending on June 30, 2019, the sum 

15 of— 

16 ‘‘(aa) the product obtained by 

17 multiplying— 

18 ‘‘(AA) the average total 

19 monthly payments by the appli20 cant for payroll costs incurred 

21 during the period beginning on 

22 January 1, 2020 and ending on 

23 February 29, 2020; by 

24 ‘‘(BB) 2.5; and 
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† HR 748 EAS 

1 ‘‘(bb) the outstanding amount of a 

2 loan under subsection (b)(2) that was 

3 made during the period beginning on 

4 January 31, 2020 and ending on the 

5 date on which covered loans are made 

6 available to be refinanced under the 

7 covered loan; or 

8 ‘‘(ii) $10,000,000. 

9 ‘‘(F) ALLOWABLE USES OF COVERED

10 LOANS.— 

11 ‘‘(i) IN GENERAL.—During the covered 

12 period, an eligible recipient may, in addi13 tion to the allowable uses of a loan made 

14 under this subsection, use the proceeds of the 

15 covered loan for— 

16 ‘‘(I) payroll costs; 

17 ‘‘(II) costs related to the continu18 ation of group health care benefits dur19 ing periods of paid sick, medical, or 

20 family leave, and insurance premiums; 

21 ‘‘(III) employee salaries, commis22 sions, or similar compensations; 

23 ‘‘(IV) payments of interest on any 

24 mortgage obligation (which shall not 
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† HR 748 EAS 

1 include any prepayment of or payment 

2 of principal on a mortgage obligation); 

3 ‘‘(V) rent (including rent under a 

4 lease agreement); 

5 ‘‘(VI) utilities; and 

6 ‘‘(VII) interest on any other debt 

7 obligations that were incurred before 

8 the covered period. 

9 ‘‘(ii) DELEGATED AUTHORITY.— 

10 ‘‘(I) IN GENERAL.—For purposes 

11 of making covered loans for the pur12 poses described in clause (i), a lender 

13 approved to make loans under this sub14 section shall be deemed to have been 

15 delegated authority by the Adminis16 trator to make and approve covered 

17 loans, subject to the provisions of this 

18 paragraph. 

19 ‘‘(II) CONSIDERATIONS.—In eval20 uating the eligibility of a borrower for 

21 a covered loan with the terms described 

22 in this paragraph, a lender shall con23 sider whether the borrower— 

24 ‘‘(aa) was in operation on 

25 February 15, 2020; and 
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† HR 748 EAS 

1 ‘‘(bb)(AA) had employees for 

2 whom the borrower paid salaries 

3 and payroll taxes; or 

4 ‘‘(BB) paid independent con5 tractors, as reported on a Form 

6 1099–MISC. 

7 ‘‘(iii) ADDITIONAL LENDERS.—The au8 thority to make loans under this paragraph 

9 shall be extended to additional lenders de10 termined by the Administrator and the Sec11 retary of the Treasury to have the necessary 

12 qualifications to process, close, disburse and 

13 service loans made with the guarantee of the 

14 Administration. 

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

16 subsection (b)(2) during the period begin17 ning on January 31, 2020 and ending on 

18 the date on which covered loans are made 

19 available may be refinanced as part of a 

20 covered loan. 

21 ‘‘(v) NONRECOURSE.—Notwithstanding 

22 the waiver of the personal guarantee re23 quirement or collateral under subparagraph 

24 (J), the Administrator shall have no re25 course against any individual shareholder, 
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† HR 748 EAS 

1 member, or partner of an eligible recipient 

2 of a covered loan for nonpayment of any 

3 covered loan, except to the extent that such 

4 shareholder, member, or partner uses the 

5 covered loan proceeds for a purpose not au6 thorized under clause (i). 

7 ‘‘(G) BORROWER REQUIREMENTS.— 

8 ‘‘(i) CERTIFICATION.—An eligible re9 cipient applying for a covered loan shall 

10 make a good faith certification— 

11 ‘‘(I) that the uncertainty of cur12 rent economic conditions makes nec13 essary the loan request to support the 

14 ongoing operations of the eligible re15 cipient; 

16 ‘‘(II) acknowledging that funds 

17 will be used to retain workers and 

18 maintain payroll or make mortgage 

19 payments, lease payments, and utility 

20 payments; 

21 ‘‘(III) that the eligible recipient 

22 does not have an application pending 

23 for a loan under this subsection for the 

24 same purpose and duplicative of 
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1 amounts applied for or received under 

2 a covered loan; and 

3 ‘‘(IV) during the period beginning 

4 on February 15, 2020 and ending on 

5 December 31, 2020, that the eligible re6 cipient has not received amounts under 

7 this subsection for the same purpose 

8 and duplicative of amounts applied for 

9 or received under a covered loan. 

10 ‘‘(H) FEE WAIVER.—During the covered pe11 riod, with respect to a covered loan— 

12 ‘‘(i) in lieu of the fee otherwise appli13 cable under paragraph (23)(A), the Admin14 istrator shall collect no fee; and 

15 ‘‘(ii) in lieu of the fee otherwise appli16 cable under paragraph (18)(A), the Admin17 istrator shall collect no fee. 

18 ‘‘(I) CREDIT ELSEWHERE.—During the cov19 ered period, the requirement that a small busi20 ness concern is unable to obtain credit elsewhere, 

21 as defined in section 3(h), shall not apply to a 

22 covered loan. 

23 ‘‘(J) WAIVER OF PERSONAL GUARANTEE RE24 QUIREMENT.—During the covered period, with 

25 respect to a covered loan— 
24 

† HR 748 EAS 

1 ‘‘(i) no personal guarantee shall be re2 quired for the covered loan; and 

3 ‘‘(ii) no collateral shall be required for 

4 the covered loan. 

5 ‘‘(K) MATURITY FOR LOANS WITH REMAIN6 ING BALANCE AFTER APPLICATION OF FORGIVE7 NESS.—With respect to a covered loan that has 

8 a remaining balance after reduction based on the 

9 loan forgiveness amount under section 1106 of 

10 the CARES Act— 

11 ‘‘(i) the remaining balance shall con12 tinue to be guaranteed by the Administra13 tion under this subsection; and 

14 ‘‘(ii) the covered loan shall have a 

15 maximum maturity of 10 years from the 

16 date on which the borrower applies for loan 

17 forgiveness under that section. 

18 ‘‘(L) INTEREST RATE REQUIREMENTS.—A 

19 covered loan shall bear an interest rate not to ex20 ceed 4 percent. 

21 ‘‘(M) LOAN DEFERMENT.— 

22 ‘‘(i) DEFINITION OF IMPACTED BOR23 ROWER.— 

24 ‘‘(I) IN GENERAL.—In this sub25 paragraph, the term ‘impacted bor-
25 

† HR 748 EAS 

1 rower’ means an eligible recipient 

2 that— 

3 ‘‘(aa) is in operation on Feb4 ruary 15, 2020; and 

5 ‘‘(bb) has an application for 

6 a covered loan that is approved or 

7 pending approval on or after the 

8 date of enactment of this para9 graph. 

10 ‘‘(II) PRESUMPTION.—For pur11 poses of this subparagraph, an im12 pacted borrower is presumed to have 

13 been adversely impacted by COVID– 

14 19. 

15 ‘‘(ii) DEFERRAL.—During the covered 

16 period, the Administrator shall— 

17 ‘‘(I) consider each eligible recipi18 ent that applies for a covered loan to 

19 be an impacted borrower; and 

20 ‘‘(II) require lenders under this 

21 subsection to provide complete payment 

22 deferment relief for impacted borrowers 

23 with covered loans for a period of not 

24 less than 6 months, including payment 
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† HR 748 EAS 

1 of principal, interest, and fees, and not 

2 more than 1 year. 

3 ‘‘(iii) SECONDARY MARKET.—During 

4 the covered period, with respect to a covered 

5 loan that is sold on the secondary market, 

6 if an investor declines to approve a deferral 

7 requested by a lender under clause (ii), the 

8 Administrator shall exercise the authority to 

9 purchase the loan so that the impacted bor10 rower may receive a deferral for a period of 

11 not less than 6 months, including payment 

12 of principal, interest, and fees, and not 

13 more than 1 year. 

14 ‘‘(iv) GUIDANCE.—Not later than 30 

15 days after the date of enactment of this 

16 paragraph, the Administrator shall provide 

17 guidance to lenders under this paragraph 

18 on the deferment process described in this 

19 subparagraph. 

20 ‘‘(N) SECONDARY MARKET SALES.—A cov21 ered loan shall be eligible to be sold in the sec22 ondary market consistent with this subsection. 

23 The Administrator may not collect any fee for 

24 any guarantee sold into the secondary market 

25 under this subparagraph. 
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1 ‘‘(O) REGULATORY CAPITAL REQUIRE2 MENTS.— 

3 ‘‘(i) RISK WEIGHT.—With respect to 

4 the appropriate Federal banking agencies or 

5 the National Credit Union Administration 

6 Board applying capital requirements under 

7 their respective risk-based capital require8 ments, a covered loan shall receive a risk 

9 weight of zero percent. 

10 ‘‘(ii) TEMPORARY RELIEF FROM TDR

11 DISCLOSURES.—Notwithstanding any other 

12 provision of law, an insured depository in13 stitution or an insured credit union that 

14 modifies a covered loan in relation to 

15 COVID–19-related difficulties in a troubled 

16 debt restructuring on or after March 13, 

17 2020, shall not be required to comply with 

18 the Financial Accounting Standards Board 

19 Accounting Standards Codification Sub20 topic 310–40 (‘Receivables – Troubled Debt 

21 Restructurings by Creditors’) for purposes 

22 of compliance with the requirements of the 

23 Federal Deposit Insurance Act (12 U.S.C. 

24 1811 et seq.), until such time and under 

25 such circumstances as the appropriate Fed-
28 

† HR 748 EAS 

1 eral banking agency or the National Credit 

2 Union Administration Board, as applica3 ble, determines appropriate. 

4 ‘‘(P) REIMBURSEMENT FOR PROCESSING.— 

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

6 shall reimburse a lender authorized to make 

7 a covered loan at a rate, based on the bal8 ance of the financing outstanding at the 

9 time of disbursement of the covered loan, 

10 of— 

11 ‘‘(I) 5 percent for loans of not 

12 more than $350,000; 

13 ‘‘(II) 3 percent for loans of more 

14 than $350,000 and less than 

15 $2,000,000; and 

16 ‘‘(III) 1 percent for loans of not 

17 less than $2,000,000. 

18 ‘‘(ii) FEE LIMITS.—An agent that as19 sists an eligible recipient to prepare an ap20 plication for a covered loan may not collect 

21 a fee in excess of the limits established by 

22 the Administrator. 

23 ‘‘(iii) TIMING.—A reimbursement de24 scribed in clause (i) shall be made not later 
29 

† HR 748 EAS 

1 than 5 days after the disbursement of the 

2 covered loan. 

3 ‘‘(iv) SENSE OF THE SENATE.—It is 

4 the sense of the Senate that the Adminis5 trator should issue guidance to lenders and 

6 agents to ensure that the processing and dis7 bursement of covered loans prioritizes small 

8 business concerns and entities in under9 served and rural markets, including vet10 erans and members of the military commu11 nity, small business concerns owned and 

12 controlled by socially and economically dis13 advantaged individuals (as defined in sec14 tion 8(d)(3)(C)), women, and businesses in 

15 operation for less than 2 years. 

16 ‘‘(Q) DUPLICATION.—Nothing in this para17 graph shall prohibit a recipient of an economic 

18 injury disaster loan made under subsection 

19 (b)(2) during the period beginning on January 

20 31, 2020 and ending on the date on which cov21 ered loans are made available that is for a pur22 pose other than paying payroll costs and other 

23 obligations described in subparagraph (F) from 

24 receiving assistance under this paragraph. 
30 

† HR 748 EAS 

1 ‘‘(R) WAIVER OF PREPAYMENT PENALTY.— 

2 Notwithstanding any other provision of law, 

3 there shall be no prepayment penalty for any 

4 payment made on a covered loan.’’. 

5 (b) COMMITMENTS FOR 7(A) LOANS.—During the pe6 riod beginning on February 15, 2020 and ending on June 

7 30, 2020— 

8 (1) the amount authorized for commitments for 

9 general business loans authorized under section 7(a) 

10 of the Small Business Act (15 U.S.C. 636(a)), includ11 ing loans made under paragraph (36) of such section, 

12 as added by subsection (a), shall be $349,000,000,000; 

13 and 

14 (2) the amount authorized for commitments for 

15 such loans under the heading ‘‘BUSINESS LOANS PRO16 GRAM ACCOUNT’’ under the heading ‘‘SMALL BUSI17 NESS ADMINISTRATION’’ under title V of the Consoli18 dated Appropriations Act, 2020 (Public Law 116–93; 

19 133 Stat. 2475) shall not apply. 

20 (c) EXPRESS LOANS.— 

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

22 Small Business Act (15 U.S.C. 636(a)(31)(D)) is 

23 amended by striking ‘‘$350,000’’ and inserting 

24 ‘‘$1,000,000’’. 
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† HR 748 EAS 

1 (2) PROSPECTIVE REPEAL.—Effective on Janu2 ary 1, 2021, section 7(a)(31)(D) of the Small Busi3 ness Act (15 U.S.C. 636(a)(31)(D)) is amended by 

4 striking ‘‘$1,000,000’’ and inserting ‘‘$350,000’’. 

5 (d) EXCEPTION TO GUARANTEE FEE WAIVER FOR

6 VETERANS.—Section 7(a)(31)(G) of the Small Business Act 

7 (15 U.S.C. 636(a)(31)(G)) is amended— 

8 (1) by striking clause (ii); and 

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

10 (e) INTERIM RULE.—On and after the date of enact11 ment of this Act, the interim final rule published by the 

12 Administrator entitled ‘‘Express Loan Programs: Affili13 ation Standards’’ (85 Fed. Reg. 7622 (February 10, 2020)) 

14 is permanently rescinded and shall have no force or effect. 

15 SEC. 1103. ENTREPRENEURIAL DEVELOPMENT. 

16 (a) DEFINITIONS.—In this section— 

17 (1) the term ‘‘covered small business concern’’ 

18 means a small business concern that has experienced, 

19 as a result of COVID–19— 

20 (A) supply chain disruptions, including 

21 changes in— 

22 (i) quantity and lead time, including 

23 the number of shipments of components and 

24 delays in shipments; 
32 

† HR 748 EAS 

1 (ii) quality, including shortages in 

2 supply for quality control reasons; and 

3 (iii) technology, including a com4 promised payment network; 

5 (B) staffing challenges; 

6 (C) a decrease in gross receipts or cus7 tomers; or 

8 (D) a closure; 

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

10 (A) a small business development center; 

11 and 

12 (B) a women’s business center; 

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

14 has the meaning given the term in section 3 of the 

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

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

17 women’s business center described in section 29 of the 

18 Small Business Act (15 U.S.C. 656). 

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

20 (1) IN GENERAL.—The Administration may pro21 vide financial assistance in the form of grants to re22 source partners to provide education, training, and 

23 advising to covered small business concerns. 

24 (2) USE OF FUNDS.—Grants under this sub25 section shall be used for the education, training, and 
33 

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1 advising of covered small business concerns and their 

2 employees on— 

3 (A) accessing and applying for resources 

4 provided by the Administration and other Fed5 eral resources relating to access to capital and 

6 business resiliency; 

7 (B) the hazards and prevention of the trans8 mission and communication of COVID–19 and 

9 other communicable diseases; 

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

11 supply chains, distribution, and sale of products 

12 of covered small business concerns and the miti13 gation of those effects; 

14 (D) the management and practice of 

15 telework to reduce possible transmission of 

16 COVID–19; 

17 (E) the management and practice of remote 

18 customer service by electronic or other means; 

19 (F) the risks of and mitigation of cyber 

20 threats in remote customer service or telework 

21 practices; 

22 (G) the mitigation of the effects of reduced 

23 travel or outside activities on covered small busi24 ness concerns during COVID–19 or similar oc25 currences; and 
34 

† HR 748 EAS 

1 (H) any other relevant business practices 

2 necessary to mitigate the economic effects of 

3 COVID–19 or similar occurrences. 

4 (3) GRANT DETERMINATION.— 

5 (A) SMALL BUSINESS DEVELOPMENT CEN6 TERS.—The Administration shall award 80 per7 cent of funds authorized to carry out this sub8 section to small business development centers, 

9 which shall be awarded pursuant to a formula 

10 jointly developed, negotiated, and agreed upon, 

11 with full participation of both parties, between 

12 the association formed under section 21(a)(3)(A) 

13 of the Small Business Act (15 U.S.C. 

14 648(a)(3)(A)) and the Administration. 

15 (B) WOMEN’S BUSINESS CENTERS.—The 

16 Administration shall award 20 percent of funds 

17 authorized to carry out this subsection to wom18 en’s business centers, which shall be awarded 

19 pursuant to a process established by the Admin20 istration in consultation with recipients of as21 sistance. 

22 (C) NO MATCHING FUNDS REQUIRED.— 

23 Matching funds shall not be required for any 

24 grant under this subsection. 

25 (4) GOALS AND METRICS.— 
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1 (A) IN GENERAL.—Goals and metrics for 

2 the funds made available under this subsection 

3 shall be jointly developed, negotiated, and agreed 

4 upon, with full participation of both parties, be5 tween the resource partners and the Adminis6 trator, which shall— 

7 (i) take into consideration the extent of 

8 the circumstances relating to the spread of 

9 COVID–19, or similar occurrences, that af10 fect covered small business concerns located 

11 in the areas covered by the resource partner, 

12 particularly in rural areas or economically 

13 distressed areas; 

14 (ii) generally follow the use of funds 

15 outlined in paragraph (2), but shall not re16 strict the activities of resource partners in 

17 responding to unique situations; and 

18 (iii) encourage resource partners to de19 velop and provide services to covered small 

20 business concerns. 

21 (B) PUBLIC AVAILABILITY.—The Adminis22 trator shall make publicly available the method23 ology by which the Administrator and resource 

24 partners jointly develop the metrics and goals de25 scribed in subparagraph (A). 
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† HR 748 EAS 

1 (c) RESOURCE PARTNER ASSOCIATION GRANTS.— 

2 (1) IN GENERAL.—The Administrator may pro3 vide grants to an association or associations rep4 resenting resource partners under which the associa5 tion or associations shall establish a single centralized 

6 hub for COVID–19 information, which shall in7 clude— 

8 (A) 1 online platform that consolidates re9 sources and information available across mul10 tiple Federal agencies for small business concerns 

11 related to COVID–19; and 

12 (B) a training program to educate resource 

13 partner counselors, members of the Service Corps 

14 of Retired Executives established under section 

15 8(b)(1)(B) of the Small Business Act (15 U.S.C. 

16 637(b)(1)(B)), and counselors at veterans busi17 ness outreach centers described in section 32 of 

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

19 resources and information described in subpara20 graph (A). 

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

22 the funds made available under this subsection shall 

23 be jointly developed, negotiated, and agreed upon, 

24 with full participation of both parties, between the as-
37 

† HR 748 EAS 

1 sociation or associations receiving a grant under this 

2 subsection and the Administrator. 

3 (d) REPORT.—Not later than 6 months after the date 

4 of enactment of this Act, and annually thereafter, the Ad5 ministrator shall submit to the Committee on Small Busi6 ness and Entrepreneurship of the Senate and the Committee 

7 on Small Business of the House of Representatives a report 

8 that describes— 

9 (1) with respect to the initial year covered by the 

10 report— 

11 (A) the programs and services developed 

12 and provided by the Administration and re13 source partners under subsection (b); 

14 (B) the initial efforts to provide those serv15 ices under subsection (b); and 

16 (C) the online platform and training devel17 oped and provided by the Administration and 

18 the association or associations under subsection 

19 (c); and 

20 (2) with respect to the subsequent years covered 

21 by the report— 

22 (A) with respect to the grant program under 

23 subsection (b)— 
38 

† HR 748 EAS 

1 (i) the efforts of the Administrator and 

2 resource partners to develop services to as3 sist covered small business concerns; 

4 (ii) the challenges faced by owners of 

5 covered small business concerns in accessing 

6 services provided by the Administration and 

7 resource partners; 

8 (iii) the number of unique covered 

9 small business concerns that were served by 

10 the Administration and resource partners; 

11 and 

12 (iv) other relevant outcome perform13 ance data with respect to covered small 

14 business concerns, including the number of 

15 employees affected, the effect on sales, the 

16 disruptions of supply chains, and the efforts 

17 made by the Administration and resource 

18 partners to mitigate these effects; and 

19 (B) with respect to the grant program 

20 under subsection (c)— 

21 (i) the efforts of the Administrator and 

22 the association or associations to develop 

23 and evolve an online resource for small 

24 business concerns; and 
39 

† HR 748 EAS 

1 (ii) the efforts of the Administrator 

2 and the association or associations to de3 velop a training program for resource part4 ner counselors, including the number of 

5 counselors trained. 

6 SEC. 1104. STATE TRADE EXPANSION PROGRAM. 

7 (a) IN GENERAL.—Notwithstanding paragraph 

8 (3)(C)(iii) of section 22(l) of the Small Business Act (15 

9 U.S.C. 649(l)), for grants under the State Trade Expansion 

10 Program under such section 22(l) using amounts made 

11 available for fiscal year 2018 or fiscal year 2019, the period 

12 of the grant shall continue through the end of fiscal year 

13 2021. 

14 (b) REIMBURSEMENT.—The Administrator shall reim15 burse any recipient of assistance under section 22(l) of the 

16 Small Business Act (15 U.S.C. 649(l)) for financial losses 

17 relating to a foreign trade mission or a trade show exhi18 bition that was cancelled solely due to a public health emer19 gency declared due to COVID–19 if the reimbursement does 

20 not exceed a recipient’s grant funding. 

21 SEC. 1105. WAIVER OF MATCHING FUNDS REQUIREMENT 

22 UNDER THE WOMEN’S BUSINESS CENTER 

23 PROGRAM. 

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

25 enactment of this Act, the requirement relating to obtaining 
40 

† HR 748 EAS 

1 cash contributions from non-Federal sources under section 

2 29(c)(1) of the Small Business Act (15 U.S.C. 656(c)(1)) 

3 is waived for any recipient of assistance under such section 

4 29. 

5 SEC. 1106. LOAN FORGIVENESS. 

6 (a) DEFINITIONS.—In this section— 

7 (1) the term ‘‘covered loan’’ means a loan guar8 anteed under paragraph (36) of section 7(a) of the 

9 Small Business Act (15 U.S.C. 636(a)), as added by 

10 section 1102; 

11 (2) the term ‘‘covered mortgage obligation’’ 

12 means any indebtedness or debt instrument incurred 

13 in the ordinary course of business that— 

14 (A) is a liability of the borrower; 

15 (B) is a mortgage on real or personal prop16 erty; and 

17 (C) was incurred before February 15, 2020; 

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

19 period beginning on the date of the origination of a 

20 covered loan; 

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

22 rent obligated under a leasing agreement in force be23 fore February 15, 2020; 

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

25 payment for a service for the distribution of elec-
41 

† HR 748 EAS 

1 tricity, gas, water, transportation, telephone, or inter2 net access for which service began before February 15, 

3 2020; 

4 (6) the term ‘‘eligible recipient’’ means the re5 cipient of a covered loan; 

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

7 means the amount of principal that a lender reason8 ably expects a borrower to expend during the covered 

9 period on the sum of any— 

10 (A) payroll costs; 

11 (B) payments of interest on any covered 

12 mortgage obligation (which shall not include any 

13 prepayment of or payment of principal on a cov14 ered mortgage obligation); 

15 (C) payments on any covered rent obliga16 tion; and 

17 (D) covered utility payments; and 

18 (8) the term ‘‘payroll costs’’ has the meaning 

19 given that term in paragraph (36) of section 7(a) of 

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

21 by section 1102 of this Act. 

22 (b) FORGIVENESS.—An eligible recipient shall be eligi23 ble for forgiveness of indebtedness on a covered loan in an 

24 amount equal to the sum of the following costs incurred and 

25 payments made during the covered period: 
42 

† HR 748 EAS 

1 (1) Payroll costs. 

2 (2) Any payment of interest on any covered 

3 mortgage obligation (which shall not include any pre4 payment of or payment of principal on a covered 

5 mortgage obligation). 

6 (3) Any payment on any covered rent obligation. 

7 (4) Any covered utility payment. 

8 (c) TREATMENT OF AMOUNTS FORGIVEN.— 

9 (1) IN GENERAL.—Amounts which have been for10 given under this section shall be considered canceled 

11 indebtedness by a lender authorized under section 

12 7(a) of the Small Business Act (15 U.S.C. 636(a)). 

13 (2) PURCHASE OF GUARANTEES.—For purposes 

14 of the purchase of the guarantee for a covered loan by 

15 the Administrator, amounts which are forgiven under 

16 this section shall be treated in accordance with the 

17 procedures that are otherwise applicable to a loan 

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

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

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

21 the date on which the amount of forgiveness under 

22 this section is determined, the Administrator shall 

23 remit to the lender an amount equal to the amount 

24 of forgiveness, plus any interest accrued through the 

25 date of payment. 
43 

† HR 748 EAS 

1 (4) ADVANCE PURCHASE OF COVERED LOAN.— 

2 (A) REPORT.—A lender authorized under 

3 section 7(a) of the Small Business Act (15 

4 U.S.C. 636(a)), or, at the discretion of the Ad5 ministrator, a third party participant in the 

6 secondary market, may, report to the Adminis7 trator an expected forgiveness amount on a cov8 ered loan or on a pool of covered loans of up to 

9 100 percent of the principal on the covered loan 

10 or pool of covered loans, respectively. 

11 (B) PURCHASE.—The Administrator shall 

12 purchase the expected forgiveness amount de13 scribed in subparagraph (A) as if the amount 

14 were the principal amount of a loan guaranteed 

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

16 636(a)). 

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

18 the date on which the Administrator receives a 

19 report under subparagraph (A), the Adminis20 trator shall purchase the expected forgiveness 

21 amount under subparagraph (B) with respect to 

22 each covered loan to which the report relates. 

23 (d) LIMITS ON AMOUNT OF FORGIVENESS.— 

24 (1) AMOUNT MAY NOT EXCEED PRINCIPAL.—The 

25 amount of loan forgiveness under this section shall 
44 

† HR 748 EAS 

1 not exceed the principal amount of the financing 

2 made available under the applicable covered loan. 

3 (2) REDUCTION BASED ON REDUCTION IN NUM4 BER OF EMPLOYEES.— 

5 (A) IN GENERAL.—The amount of loan for6 giveness under this section shall be reduced, but 

7 not increased, by multiplying the amount de8 scribed in subsection (b) by the quotient obtained 

9 by dividing— 

10 (i) the average number of full-time 

11 equivalent employees per month employed 

12 by the eligible recipient during the covered 

13 period; by 

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

15 (aa) the average number of full16 time equivalent employees per month 

17 employed by the eligible recipient dur18 ing the period beginning on February 

19 15, 2019 and ending on June 30, 2019; 

20 or 

21 (bb) the average number of full22 time equivalent employees per month 

23 employed by the eligible recipient dur24 ing the period beginning on January 
45 

† HR 748 EAS 

1 1, 2020 and ending on February 29, 

2 2020; or 

3 (II) in the case of an eligible recipient 

4 that is seasonal employer, as determined by 

5 the Administrator, the average number of 

6 full-time equivalent employees per month 

7 employed by the eligible recipient during 

8 the period beginning on February 15, 2019 

9 and ending on June 30, 2019. 

10 (B) CALCULATION OF AVERAGE NUMBER OF

11 EMPLOYEES.—For purposes of subparagraph 

12 (A), the average number of full-time equivalent 

13 employees shall be determined by calculating the 

14 average number of full-time equivalent employees 

15 for each pay period falling within a month. 

16 (3) REDUCTION RELATING TO SALARY AND

17 WAGES.— 

18 (A) IN GENERAL.—The amount of loan for19 giveness under this section shall be reduced by 

20 the amount of any reduction in total salary or 

21 wages of any employee described in subpara22 graph (B) during the covered period that is in 

23 excess of 25 percent of the total salary or wages 

24 of the employee during the most recent full quar-
46 

† HR 748 EAS 

1 ter during which the employee was employed be2 fore the covered period. 

3 (B) EMPLOYEES DESCRIBED.—An employee 

4 described in this subparagraph is any employee 

5 who did not receive, during any single pay pe6 riod during 2019, wages or salary at an 

7 annualized rate of pay in an amount more than 

8 $100,000. 

9 (4) TIPPED WORKERS.—An eligible recipient 

10 with tipped employees described in section 3(m)(2)(A) 

11 of the Fair Labor Standards Act of 1938 (29 U.S.C. 

12 203(m)(2)(A)) may receive forgiveness for additional 

13 wages paid to those employees. 

14 (5) EXEMPTION FOR RE-HIRES.— 

15 (A) IN GENERAL.—In a circumstance de16 scribed in subparagraph (B), the amount of loan 

17 forgiveness under this section shall be determined 

18 without regard to a reduction in the number of 

19 full-time equivalent employees of an eligible re20 cipient or a reduction in the salary of 1 or more 

21 employees of the eligible recipient, as applicable, 

22 during the period beginning on February 15, 

23 2020 and ending on the date that is 30 days 

24 after the date of enactment of this Act. 
47 

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1 (B) CIRCUMSTANCES.—A circumstance de2 scribed in this subparagraph is a cir3 cumstance— 

4 (i) in which— 

5 (I) during the period beginning 

6 on February 15, 2020 and ending on 

7 the date that is 30 days after the date 

8 of enactment of this Act, there is a re9 duction, as compared to February 15, 

10 2020, in the number of full-time equiv11 alent employees of an eligible recipient; 

12 and 

13 (II) not later than June 30, 2020, 

14 the eligible employer has eliminated 

15 the reduction in the number of full16 time equivalent employees; 

17 (ii) in which— 

18 (I) during the period beginning 

19 on February 15, 2020 and ending on 

20 the date that is 30 days after the date 

21 of enactment of this Act, there is a re22 duction, as compared to February 15, 

23 2020, in the salary or wages of 1 or 

24 more employees of the eligible recipi25 ent; and 
48 

† HR 748 EAS 

1 (II) not later than June 30, 2020, 

2 the eligible employer has eliminated 

3 the reduction in the salary or wages of 

4 such employees; or 

5 (iii) in which the events described in 

6 clause (i) and (ii) occur. 

7 (6) EXEMPTIONS.—The Administrator and the 

8 Secretary of the Treasury may prescribe regulations 

9 granting de minimis exemptions from the require10 ments under this subsection. 

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

12 forgiveness under this section shall submit to the lender that 

13 is servicing the covered loan an application, which shall 

14 include— 

15 (1) documentation verifying the number of full16 time equivalent employees on payroll and pay rates 

17 for the periods described in subsection (d), includ18 ing— 

19 (A) payroll tax filings reported to the Inter20 nal Revenue Service; and 

21 (B) State income, payroll, and unemploy22 ment insurance filings; 

23 (2) documentation, including cancelled checks, 

24 payment receipts, transcripts of accounts, or other 

25 documents verifying payments on covered mortgage 
49 

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1 obligations, payments on covered lease obligations, 

2 and covered utility payments; 

3 (3) a certification from a representative of the el4 igible recipient authorized to make such certifications 

5 that— 

6 (A) the documentation presented is true and 

7 correct; and 

8 (B) the amount for which forgiveness is re9 quested was used to retain employees, make in10 terest payments on a covered mortgage obliga11 tion, make payments on a covered rent obliga12 tion, or make covered utility payments; and 

13 (4) any other documentation the Administrator 

14 determines necessary. 

15 (f) PROHIBITION ON FORGIVENESS WITHOUT DOCU16 MENTATION.—No eligible recipient shall receive forgiveness 

17 under this section without submitting to the lender that is 

18 servicing the covered loan the documentation required under 

19 subsection (e). 

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

21 on which a lender receives an application for loan forgive22 ness under this section from an eligible recipient, the lender 

23 shall issue a decision on the an application. 

24 (h) HOLD HARMLESS.—If a lender has received the 

25 documentation required under this section from an eligible 
50 

† HR 748 EAS 

1 recipient attesting that the eligible recipient has accurately 

2 verified the payments for payroll costs, payments on covered 

3 mortgage obligations, payments on covered lease obliga4 tions, or covered utility payments during covered period— 

5 (1) an enforcement action may not be taken 

6 against the lender under section 47(e) of the Small 

7 Business Act (15 U.S.C. 657t(e)) relating to loan for8 giveness for the payments for payroll costs, payments 

9 on covered mortgage obligations, payments on covered 

10 lease obligations, or covered utility payments, as the 

11 case may be; and 

12 (2) the lender shall not be subject to any pen13 alties by the Administrator relating to loan forgive14 ness for the payments for payroll costs, payments on 

15 covered mortgage obligations, payments on covered 

16 lease obligations, or covered utility payments, as the 

17 case may be. 

18 (i) TAXABILITY.—For purposes of the Internal Rev19 enue Code of 1986, any amount which (but for this sub20 section) would be includible in gross income of the eligible 

21 recipient by reason of forgiveness described in subsection (b) 

22 shall be excluded from gross income. 

23 (j) RULE OF CONSTRUCTION.—The cancellation of in24 debtedness on a covered loan under this section shall not 
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1 otherwise modify the terms and conditions of the covered 

2 loan. 

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

4 date of enactment of this Act, the Administrator shall issue 

5 guidance and regulations implementing this section. 

6 SEC. 1107. DIRECT APPROPRIATIONS. 

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

8 amounts in the Treasury not otherwise appropriated, for 

9 the fiscal year ending September 30, 2020, to remain avail10 able until September 30, 2021, for additional amounts— 

11 (1) $349,000,000,000 under the heading ‘‘Small 

12 Business Administration—Business Loans Program 

13 Account, CARES Act’’ for the cost of guaranteed 

14 loans as authorized under paragraph (36) of section 

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

16 added by section 1102(a) of this Act; 

17 (2) $675,000,000 under the heading ‘‘Small 

18 Business Administration—Salaries and Expenses’’ 

19 for salaries and expenses of the Administration; 

20 (3) $25,000,000 under the heading ‘‘Small Busi21 ness Administration—Office of Inspector General’’, to 

22 remain available until September 30, 2024, for nec23 essary expenses of the Office of Inspector General of 

24 the Administration in carrying out the provisions of 

25 the Inspector General Act of 1978 (5 U.S.C. App.); 
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1 (4) $265,000,000 under the heading ‘‘Small 

2 Business Administration—Entrepreneurial Develop3 ment Programs’’, of which— 

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

5 section 1103(b) of this Act; and 

6 (B) $25,000,000 shall be for carrying out 

7 section 1103(c) of this Act; 

8 (5) $10,000,000 under the heading ‘‘Department 

9 of Commerce—Minority Business Development Agen10 cy’’ for minority business centers of the Minority 

11 Business Development Agency to provide technical as12 sistance to small business concerns; 

13 (6) $10,000,000,000 under the heading ‘‘Small 

14 Business Administration—Emergency EIDL Grants’’ 

15 shall be for carrying out section 1110 of this Act; 

16 (7) $17,000,000,000 under the heading ‘‘Small 

17 Business Administration—Business Loans Program 

18 Account, CARES Act’’ shall be for carrying out sec19 tion 1112 of this Act; and 

20 (8) $25,000,000 under the heading ‘‘Department 

21 of the Treasury—Departmental Offices—Salaries and 

22 Expenses’’ shall be for carrying out section 1109 of 

23 this Act. 

24 (b) SECONDARY MARKET.—During the period begin25 ning on the date of enactment of this Act and ending on 
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1 September 30, 2021, guarantees of trust certificates author2 ized by section 5(g) of the Small Business Act (15 U.S.C. 

3 635(g)) shall not exceed a principal amount of 

4 $100,000,000,000. 

5 (c) REPORTS.—Not later than 180 days after the date 

6 of enactment of this Act, the Administrator shall submit 

7 to the Committee on Appropriations of the Senate and the 

8 Committee on Appropriations of the House of Representa9 tives a detailed expenditure plan for using the amounts ap10 propriated to the Administration under subsection (a). 

11 SEC. 1108. MINORITY BUSINESS DEVELOPMENT AGENCY. 

12 (a) DEFINITIONS.—In this section— 

13 (1) the term ‘‘Agency’’ means the Minority Busi14 ness Development Agency of the Department of Com15 merce; 

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

17 Business Center of the Agency; 

18 (3) the term ‘‘minority business enterprise’’ 

19 means a for-profit business enterprise— 

20 (A) not less than 51 percent of which is 

21 owned by 1 or more socially disadvantaged indi22 viduals, as determined by the Agency; and 

23 (B) the management and daily business op24 erations of which are controlled by 1 or more so-
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1 cially disadvantaged individuals, as determined 

2 by the Agency; and 

3 (4) the term ‘‘minority chamber of commerce’’ 

4 means a chamber of commerce developed specifically 

5 to support minority business enterprises. 

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

7 (1) IN GENERAL.—The Agency may provide fi8 nancial assistance in the form of grants to minority 

9 business centers and minority chambers of commerce 

10 to provide education, training, and advising to mi11 nority business enterprises. 

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

13 shall be used for the education, training, and advising 

14 of minority business enterprises and their employees 

15 on— 

16 (A) accessing and applying for resources 

17 provided by the Agency and other Federal re18 sources relating to access to capital and business 

19 resiliency; 

20 (B) the hazards and prevention of the trans21 mission and communication of COVID–19 and 

22 other communicable diseases; 

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

24 supply chains, distribution, and sale of products 
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1 of minority business enterprises and the mitiga2 tion of those effects; 

3 (D) the management and practice of 

4 telework to reduce possible transmission of 

5 COVID–19; 

6 (E) the management and practice of remote 

7 customer service by electronic or other means; 

8 (F) the risks of and mitigation of cyber 

9 threats in remote customer service or telework 

10 practices; 

11 (G) the mitigation of the effects of reduced 

12 travel or outside activities on minority business 

13 enterprises during COVID–19 or similar occur14 rences; and 

15 (H) any other relevant business practices 

16 necessary to mitigate the economic effects of 

17 COVID–19 or similar occurrences. 

18 (3) NO MATCHING FUNDS REQUIRED.—Matching 

19 funds shall not be required for any grant under this 

20 section. 

21 (4) GOALS AND METRICS.— 

22 (A) IN GENERAL.—Goals and metrics for 

23 the funds made available under this section shall 

24 be jointly developed, negotiated, and agreed 

25 upon, with full participation of both parties, be-
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1 tween the minority business centers, minority 

2 chambers of commerce, and the Agency, which 

3 shall— 

4 (i) take into consideration the extent of 

5 the circumstances relating to the spread of 

6 COVID–19, or similar occurrences, that af7 fect minority business enterprises located in 

8 the areas covered by minority business cen9 ters and minority chambers of commerce, 

10 particularly in rural areas or economically 

11 distressed areas; 

12 (ii) generally follow the use of funds 

13 outlined in paragraph (2), but shall not re14 strict the activities of minority business 

15 centers and minority chambers of commerce 

16 in responding to unique situations; and 

17 (iii) encourage minority business cen18 ters and minority chambers of commerce to 

19 develop and provide services to minority 

20 business enterprises. 

21 (B) PUBLIC AVAILABILITY.—The Agency 

22 shall make publicly available the methodology by 

23 which the Agency, minority business centers, and 

24 minority chambers of commerce jointly develop 
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1 the metrics and goals described in subparagraph 

2 (A). 

3 (c) WAIVERS.— 

4 (1) IN GENERAL.—Notwithstanding any other 

5 provision of law or regulation, the Agency may, dur6 ing the 3-month period that begins on the date of en7 actment of this Act, waive any matching requirement 

8 imposed on a minority business center or a specialty 

9 center of the Agency under a cooperative agreement 

10 between such a center and the Agency if the applica11 ble center is unable to raise funds, or has suffered a 

12 loss of revenue, because of the effects of COVID–19. 

13 (2) REMAINING COMPLIANT.—Notwithstanding 

14 any provision of a cooperative agreement between the 

15 Agency and a minority business center, if, during the 

16 period beginning on the date of enactment of this Act 

17 and ending on September 30, 2021, such a center de18 cides not to collect fees because of the economic con19 sequences of COVID–19, the center shall be considered 

20 to be in compliance with that agreement if— 

21 (A) the center notifies the Agency with re22 spect to that decision, which the center may pro23 vide through electronic mail; and 
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1 (B) the Agency, not later than 15 days after 

2 the date on which the center provides notice to 

3 the Agency under subparagraph (A)— 

4 (i) confirms receipt of the notification 

5 under subparagraph (A); and 

6 (ii) accepts the decision of the center. 

7 (d) REPORT.—Not later than 6 months after the date 

8 of enactment of this Act, and annually thereafter, the Agen9 cy shall submit to the Committee on Small Business and 

10 Entrepreneurship and the Committee on Commerce, 

11 Science, and Transportation of the Senate and the Com12 mittee on Small Business and the Committee on Energy 

13 and Commerce of the House of Representatives a report that 

14 describes— 

15 (1) with respect to the period covered by the ini16 tial report— 

17 (A) the programs and services developed 

18 and provided by the Agency, minority business 

19 centers, and minority chambers of commerce 

20 under subsection (b); and 

21 (B) the initial efforts to provide those serv22 ices under subsection (b); and 

23 (2) with respect to subsequent years covered by 

24 the report— 
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1 (A) with respect to the grant program under 

2 subsection (b)— 

3 (i) the efforts of the Agency, minority 

4 business centers, and minority chambers of 

5 commerce to develop services to assist mi6 nority business enterprises; 

7 (ii) the challenges faced by owners of 

8 minority business enterprises in accessing 

9 services provided by the Agency, minority 

10 business centers, and minority chambers of 

11 commerce; 

12 (iii) the number of unique minority 

13 business enterprises that were served by the 

14 Agency, minority business centers, or mi15 nority chambers of commerce; and 

16 (iv) other relevant outcome perform17 ance data with respect to minority business 

18 enterprises, including the number of em19 ployees affected, the effect on sales, the dis20 ruptions of supply chains, and the efforts 

21 made by the Agency, minority business cen22 ters, and minority chambers of commerce to 

23 mitigate these effects . 
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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated $10,000,000 to carry out this 

3 section, to remain available until expended. 

4 SEC. 1109. UNITED STATES TREASURY PROGRAM MANAGE5 MENT AUTHORITY. 

6 (a) DEFINITIONS.—In this section— 

7 (1) the terms ‘‘appropriate Federal banking 

8 agency’’ and ‘‘insured depository institution’’ have 

9 the meanings given those terms in section 3 of the 

10 Federal Deposit Insurance Act (12 U.S.C. 1813); 

11 (2) the term ‘‘insured credit union’’ has the 

12 meaning given the term in section 101 of the Federal 

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

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

15 the Treasury. 

16 (b) AUTHORITY TO INCLUDE ADDITIONAL FINANCIAL

17 INSTITUTIONS.—The Department of the Treasury, in con18 sultation with the Administrator, and the Chairman of the 

19 Farm Credit Administration shall establish criteria for in20 sured depository institutions, insured credit unions, insti21 tutions of the Farm Credit System chartered under the 

22 Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.), and other 

23 lenders that do not already participate in lending under 

24 programs of the Administration, to participate in the pay25 check protection program to provide loans under this sec-
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1 tion until the date on which the national emergency de2 clared by the President under the National Emergencies Act 

3 (50 U.S.C. 1601 et seq.) with respect to the Coronavirus 

4 Disease 2019 (COVID–19) expires. 

5 (c) SAFETY AND SOUNDNESS.—An insured depository 

6 institution, insured credit union, institution of the Farm 

7 Credit System chartered under the Farm Credit Act of 1971 

8 (12 U.S.C. 2001 et seq.), or other lender may only partici9 pate in the program established under this section if par10 ticipation does not affect the safety and soundness of the 

11 institution or lender, as determined by the Secretary in con12 sultation with the appropriate Federal banking agencies or 

13 the National Credit Union Administration Board, as appli14 cable. 

15 (d) REGULATIONS FOR LENDERS AND LOANS.— 

16 (1) IN GENERAL.—The Secretary may issue reg17 ulations and guidance as necessary to carry out the 

18 purposes of this section, including to— 

19 (A) allow additional lenders to originate 

20 loans under this section; and 

21 (B) establish terms and conditions for loans 

22 under this section, including terms and condi23 tions concerning compensation, underwriting 

24 standards, interest rates, and maturity. 
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1 (2) REQUIREMENTS.—The terms and conditions 

2 established under paragraph (1) shall provide for the 

3 following: 

4 (A) A rate of interest that does not exceed 

5 the maximum permissible rate of interest avail6 able on a loan of comparable maturity under 

7 paragraph (36) of section 7(a) of the Small 

8 Business Act (15 U.S.C. 636(a)), as added by 

9 section 1102 of this Act. 

10 (B) Terms and conditions that, to the max11 imum extent practicable, are consistent with the 

12 terms and conditions required under the fol13 lowing provisions of paragraph (36) of section 

14 7(a) of the Small Business Act (15 U.S.C. 

15 636(a)), as added by section 1102 of this Act: 

16 (i) Subparagraph (D), pertaining to 

17 borrower eligibility. 

18 (ii) Subparagraph (E), pertaining to 

19 the maximum loan amount. 

20 (iii) Subparagraph (F)(i), pertaining 

21 to allowable uses of program loans. 

22 (iv) Subparagraph (H), pertaining to 

23 fee waivers. 

24 (v) Subparagraph (M), pertaining to 

25 loan deferment. 
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1 (C) A guarantee percentage that, to the 

2 maximum extent practicable, is consistent with 

3 the guarantee percentage required under sub4 paragraph (F) of section 7(a)(2) of the Small 

5 Business Act (15 U.S.C. 636(a)(2)), as added by 

6 section 1102 of this Act. 

7 (D) Loan forgiveness under terms and con8 ditions that, to the maximum extent practicable, 

9 is consistent with the terms and conditions for 

10 loan forgiveness under section 1106 of this Act. 

11 (e) ADDITIONAL REGULATIONS GENERALLY.—The Sec12 retary may issue regulations and guidance as necessary to 

13 carry out the purposes of this section, including to allow 

14 additional lenders to originate loans under this title and 

15 to establish terms and conditions such as compensation, un16 derwriting standards, interest rates, and maturity for 

17 under this section. 

18 (f) CERTIFICATION.—As a condition of receiving a 

19 loan under this section, a borrower shall certify under terms 

20 acceptable to the Secretary that the borrower— 

21 (1) does not have an application pending for a 

22 loan under section 7(a) of the Small Business Act (15 

23 U.S.C. 636(a)) for the same purpose; and 
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1 (2) has not received such a loan during the pe2 riod beginning on February 15, 2020 and ending on 

3 December 31, 2020. 

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

5 qualified to participate as a lender under 7(a) of the Small 

6 Business Act (15 U.S.C. 636(a)) may elect to participate 

7 in the paycheck protection program under the criteria, 

8 terms, and conditions established under this section. Such 

9 participation shall not preclude the lenders from continuing 

10 participation as a lender under section 7(a) of the Small 

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

12 (h) PROGRAM ADMINISTRATION.—With guidance from 

13 the Secretary, the Administrator shall administer the pro14 gram established under this section, including the making 

15 and purchasing of guarantees on loans under the program, 

16 until the date on which the national emergency declared 

17 by the President under the National Emergencies Act (50 

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

19 2019 (COVID–19) expires. 

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

21 shall be deemed to be a loan under the Small Business Act 

22 (15 U.S.C. 631 et seq.) for purposes of section 16 of such 

23 Act (15 U.S.C. 645). 

24 SEC. 1110. EMERGENCY EIDL GRANTS. 

25 (a) DEFINITIONS.—In this section— 
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1 (1) the term ‘‘covered period’’ means the period 

2 beginning on January 31, 2020 and ending on De3 cember 31, 2020; and 

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

5 (A) a business with not more than 500 em6 ployees; 

7 (B) any individual who operates under a 

8 sole proprietorship, with or without employees, 

9 or as an independent contractor; 

10 (C) a cooperative with not more than 500 

11 employees; 

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

13 Small Business Act (15 U.S.C. 632)) with not 

14 more than 500 employees; or 

15 (E) a tribal small business concern, as de16 scribed in section 31(b)(2)(C) of the Small Busi17 ness Act (15 U.S.C. 657a(b)(2)(C)), with not 

18 more than 500 employees. 

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

20 in addition to small business concerns, private nonprofit 

21 organizations, and small agricultural cooperatives, an eligi22 ble entity shall be eligible for a loan made under section 

23 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)). 

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

25 loan made under section 7(b)(2) of the Small Business Act 
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1 (15 U.S.C. 636(b)(2)) in response to COVID–19 during the 

2 covered period, the Administrator shall waive— 

3 (1) any rules related the personal guarantee on 

4 advances and loans of not more than $200,000 during 

5 the covered period for all applicants; 

6 (2) the requirement that an applicant needs to be 

7 in business for the 1-year period before the disaster, 

8 except that no waiver may be made for a business 

9 that was not in operation on January 31, 2020; and 

10 (3) the requirement in the flush matter following 

11 subparagraph (E) of section 7(b)(2) of the Small 

12 Business Act (15 U.S.C. 636(b)(2)), as so redesignated 

13 by subsection (f) of this section, that an applicant be 

14 unable to obtain credit elsewhere. 

15 (d) APPROVAL AND ABILITY TO REPAY FOR SMALL

16 DOLLAR LOANS.—With respect to a loan made under sec17 tion 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) 

18 in response to COVID–19 during the covered period, the 

19 Administrator may— 

20 (1) approve an applicant based solely on the 

21 credit score of the applicant and shall not require an 

22 applicant to submit a tax return or a tax return 

23 transcript for such approval; or 

24 (2) use alternative appropriate methods to deter25 mine an applicant’s ability to repay. 
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1 (e) EMERGENCY GRANT.— 

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

3 entity included for eligibility in subsection (b), in4 cluding small business concerns, private nonprofit or5 ganizations, and small agricultural cooperatives, that 

6 applies for a loan under section 7(b)(2) of the Small 

7 Business Act (15 U.S.C. 636(b)(2)) in response to 

8 COVID–19 may request that the Administrator pro9 vide an advance that is, subject to paragraph (3), in 

10 the amount requested by such applicant to such appli11 cant within 3 days after the Administrator receives 

12 an application from such applicant. 

13 (2) VERIFICATION.—Before disbursing amounts 

14 under this subsection, the Administrator shall verify 

15 that the applicant is an eligible entity by accepting 

16 a self-certification from the applicant under penalty 

17 of perjury pursuant to section 1746 of title 28 United 

18 States Code. 

19 (3) AMOUNT.—The amount of an advance pro20 vided under this subsection shall be not more than 

21 $10,000. 

22 (4) USE OF FUNDS.—An advance provided under 

23 this subsection may be used to address any allowable 

24 purpose for a loan made under section 7(b)(2) of the 
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1 Small Business Act (15 U.S.C. 636(b)(2)), includ2 ing— 

3 (A) providing paid sick leave to employees 

4 unable to work due to the direct effect of the 

5 COVID–19; 

6 (B) maintaining payroll to retain employ7 ees during business disruptions or substantial 

8 slowdowns; 

9 (C) meeting increased costs to obtain mate10 rials unavailable from the applicant’s original 

11 source due to interrupted supply chains; 

12 (D) making rent or mortgage payments; 

13 and 

14 (E) repaying obligations that cannot be met 

15 due to revenue losses. 

16 (5) REPAYMENT.—An applicant shall not be re17 quired to repay any amounts of an advance provided 

18 under this subsection, even if subsequently denied a 

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

20 (15 U.S.C. 636(b)(2)). 

21 (6) UNEMPLOYMENT GRANT.—If an applicant 

22 that receives an advance under this subsection trans23 fers into, or is approved for, the loan program under 

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

25 636(a)), the advance amount shall be reduced from 
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1 the loan forgiveness amount for a loan for payroll 

2 costs made under such section 7(a). 

3 (7) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated to the Admin5 istration $10,000,000,000 to carry out this subsection. 

6 (8) TERMINATION.—The authority to carry out 

7 grants under this subsection shall terminate on De8 cember 31, 2020. 

9 (f) EMERGENCIES INVOLVING FEDERAL PRIMARY RE10 SPONSIBILITY QUALIFYING FOR SBA ASSISTANCE.—Sec11 tion 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) 

12 is amended— 

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

14 end; 

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

16 end; 

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

18 end; 

19 (4) by redesignating subparagraph (D) as sub20 paragraph (E); 

21 (5) by inserting after subparagraph (C) the fol22 lowing: 

23 ‘‘(D) an emergency involving Federal pri24 mary responsibility determined to exist by the 

25 President under the section 501(b) of the Robert 
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1 T. Stafford Disaster Relief and Emergency As2 sistance Act (42 U.S.C. 5191(b)); or’’; and 

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

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

5 or (D)’’; 

6 (B) by striking ‘‘disaster declaration’’ each 

7 place it appears and inserting ‘‘disaster or emer8 gency declaration’’; 

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

10 inserting ‘‘disaster or emergency has occurred’’; 

11 (D) by striking ‘‘such disaster’’ and insert12 ing ‘‘such disaster or emergency’’; and 

13 (E) by striking ‘‘disaster stricken’’ and in14 serting ‘‘disaster- or emergency-stricken’’; and 

15 (7) in the flush matter following subparagraph 

16 (E), as so redesignated, by striking the period at the 

17 end and inserting the following: ‘‘: Provided further, 

18 That for purposes of subparagraph (D), the Adminis19 trator shall deem that such an emergency affects each 

20 State or subdivision thereof (including counties), and 

21 that each State or subdivision has sufficient economic 

22 damage to small business concerns to qualify for as23 sistance under this paragraph and the Administrator 

24 shall accept applications for such assistance imme25 diately.’’. 
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1 SEC. 1111. RESOURCES AND SERVICES IN LANGUAGES 

2 OTHER THAN ENGLISH. 

3 (a) IN GENERAL.—The Administrator shall provide 

4 the resources and services made available by the Adminis5 tration to small business concerns in the 10 most commonly 

6 spoken languages, other than English, in the United States, 

7 which shall include Mandarin, Cantonese, Japanese, and 

8 Korean. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to the Administrator 

11 $25,000,000 to carry out this section. 

12 SEC. 1112. SUBSIDY FOR CERTAIN LOAN PAYMENTS. 

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

14 the term ‘‘covered loan’’ means a loan that is— 

15 (1) guaranteed by the Administration under— 

16 (A) section 7(a) of the Small Business Act 

17 (15 U.S.C. 636(a))— 

18 (i) including a loan made under the 

19 Community Advantage Pilot Program of 

20 the Administration; and 

21 (ii) excluding a loan made under 

22 paragraph (36) of such section 7(a), as 

23 added by section 1102; or 

24 (B) title V of the Small Business Investment 

25 Act of 1958 (15 U.S.C. 695 et seq.); or 
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1 (2) made by an intermediary to a small business 

2 concern using loans or grants received under section 

3 7(m) of the Small Business Act (15 U.S.C. 636(m)). 

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

5 that— 

6 (1) all borrowers are adversely affected by 

7 COVID–19; 

8 (2) relief payments by the Administration are 

9 appropriate for all borrowers; and 

10 (3) in addition to the relief provided under this 

11 Act, the Administration should encourage lenders to 

12 provide payment deferments, when appropriate, and 

13 to extend the maturity of covered loans, so as to avoid 

14 balloon payments or any requirement for increases in 

15 debt payments resulting from deferments provided by 

16 lenders during the period of the national emergency 

17 declared by the President under the National Emer18 gencies Act (50 U.S.C. 1601 et seq.) with respect to 

19 the Coronavirus Disease 2019 (COVID–19). 

20 (c) PRINCIPAL AND INTEREST PAYMENTS.— 

21 (1) IN GENERAL.—The Administrator shall pay 

22 the principal, interest, and any associated fees that 

23 are owed on a covered loan in a regular servicing sta24 tus— 
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1 (A) with respect to a covered loan made be2 fore the date of enactment of this Act and not on 

3 deferment, for the 6-month period beginning with 

4 the next payment due on the covered loan; 

5 (B) with respect to a covered loan made be6 fore the date of enactment of this Act and on 

7 deferment, for the 6-month period beginning with 

8 the next payment due on the covered loan after 

9 the deferment period; and 

10 (C) with respect to a covered loan made 

11 during the period beginning on the date of enact12 ment of this Act and ending on the date that is 

13 6 months after such date of enactment, for the 6- 

14 month period beginning with the first payment 

15 due on the covered loan. 

16 (2) TIMING OF PAYMENT.—The Administrator 

17 shall begin making payments under paragraph (1) on 

18 a covered loan not later than 30 days after the date 

19 on which the first such payment is due. 

20 (3) APPLICATION OF PAYMENT.—Any payment 

21 made by the Administrator under paragraph (1) shall 

22 be applied to the covered loan such that the borrower 

23 is relieved of the obligation to pay that amount. 

24 (d) OTHER REQUIREMENTS.—The Administrator 

25 shall— 
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1 (1) communicate and coordinate with the Fed2 eral Deposit Insurance Corporation, the Office of the 

3 Comptroller of the Currency, and State bank regu4 lators to encourage those entities to not require lend5 ers to increase their reserves on account of receiving 

6 payments made by the Administrator under sub7 section (c); 

8 (2) waive statutory limits on maximum loan 

9 maturities for any covered loan durations where the 

10 lender provides a deferral and extends the maturity 

11 of covered loans during the 1-year period following 

12 the date of enactment of this Act; and 

13 (3) when necessary to provide more time because 

14 of the potential of higher volumes, travel restrictions, 

15 and the inability to access some properties during the 

16 COVID–19 pandemic, extend lender site visit require17 ments to— 

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

19 extended at the discretion of the Administration) 

20 after the occurrence of an adverse event, other 

21 than a payment default, causing a loan to be 

22 classified as in liquidation; and 

23 (B) not more than 90 days after a payment 

24 default. 
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1 (e) RULE OF CONSTRUCTION.—Nothing in this section 

2 may be construed to limit the authority of the Adminis3 trator to make payments pursuant to subsection (c) with 

4 respect to a covered loan solely because the covered loan has 

5 been sold in the secondary market. 

6 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to the Administrator 

8 $17,000,000,000 to carry out this section. 

9 SEC. 1113. BANKRUPTCY. 

10 (a) SMALL BUSINESS DEBTOR REORGANIZATION.— 

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

12 United States Code, is amended to read as follows: 

13 ‘‘(1) DEBTOR.—The term ‘debtor’— 

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

15 person engaged in commercial or business activi16 ties (including any affiliate of such person that 

17 is also a debtor under this title and excluding a 

18 person whose primary activity is the business of 

19 owning single asset real estate) that has aggre20 gate noncontingent liquidated secured and unse21 cured debts as of the date of the filing of the peti22 tion or the date of the order for relief in an 

23 amount not more than $7,500,000 (excluding 

24 debts owed to 1 or more affiliates or insiders) not 
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1 less than 50 percent of which arose from the com2 mercial or business activities of the debtor; and 

3 ‘‘(B) does not include— 

4 ‘‘(i) any member of a group of affili5 ated debtors that has aggregate noncontin6 gent liquidated secured and unsecured debts 

7 in an amount greater than $7,500,000 (ex8 cluding debt owed to 1 or more affiliates or 

9 insiders); 

10 ‘‘(ii) any debtor that is a corporation 

11 subject to the reporting requirements under 

12 section 13 or 15(d) of the Securities Ex13 change Act of 1934 (15 U.S.C. 78m, 

14 78o(d)); or 

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

16 an issuer, as defined in section 3 of the Se17 curities Exchange Act of 1934 (15 U.S.C. 

18 78c).’’. 

19 (2) APPLICABILITY OF CHAPTERS.—Section 

20 103(i) of title 11, United States Code, is amended by 

21 striking ‘‘small business debtor’’ and inserting ‘‘debtor 

22 (as defined in section 1182)’’. 

23 (3) APPLICATION OF AMENDMENT.—The amend24 ment made by paragraph (1) shall apply only with 

25 respect to cases commenced under title 11, United 
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1 States Code, on or after the date of enactment of this 

2 Act. 

3 (4) TECHNICAL CORRECTIONS.— 

4 (A) DEFINITION OF SMALL BUSINESS DEBT5 OR.—Section 101(51D)(B)(iii) of title 11, 

6 United States Code, is amended to read as fol7 lows: 

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

9 an issuer (as defined in section 3 of the Se10 curities Exchange Act of 1934 (15 U.S.C. 

11 78c)).’’. 

12 (B) UNCLAIMED PROPERTY.—Section 

13 347(b) of title 11, United States Code, is amend14 ed by striking ‘‘1194’’ and inserting ‘‘1191’’. 

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

16 the date of enactment of this Act, section 1182(1) of 

17 title 11, United States Code, is amended to read as 

18 follows: 

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

20 business debtor.’’. 

21 (b) BANKRUPTCY RELIEF.— 

22 (1) IN GENERAL.— 

23 (A) EXCLUSION FROM CURRENT MONTHLY

24 INCOME.—Section 101(10A)(B)(ii) of title 11, 

25 United States Code, is amended— 
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1 (i) in subclause (III), by striking ‘‘; 

2 and’’ and inserting a semicolon; 

3 (ii) in subclause (IV), by striking the 

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

5 and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(V) Payments made under Fed9 eral law relating to the national emer10 gency declared by the President under 

11 the National Emergencies Act (50 

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

13 coronavirus disease 2019 (COVID– 

14 19).’’. 

15 (B) CONFIRMATION OF PLAN.—Section 

16 1325(b)(2) of title 11, United States Code, is 

17 amended by inserting ‘‘payments made under 

18 Federal law relating to the national emergency 

19 declared by the President under the National 

20 Emergencies Act (50 U.S.C. 1601 et seq.) with 

21 respect to the coronavirus disease 2019 (COVID– 

22 19),’’ after ‘‘other than’’. 

23 (C) MODIFICATION OF PLAN AFTER CON24 FIRMATION.—Section 1329 of title 11, United 
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1 States Code, is amended by adding at end the 

2 following: 

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

4 prior to the date of enactment of this subsection, the plan 

5 may be modified upon the request of the debtor if— 

6 ‘‘(A) the debtor is experiencing or has experi7 enced a material financial hardship due, directly or 

8 indirectly, to the coronavirus disease 2019 (COVID– 

9 19) pandemic; and 

10 ‘‘(B) the modification is approved after notice 

11 and a hearing. 

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

13 provide for payments over a period that expires more than 

14 7 years after the time that the first payment under the 

15 original confirmed plan was due. 

16 ‘‘(3) Sections 1322(a), 1322(b), 1323(c), and the re17 quirements of section 1325(a) shall apply to any modifica18 tion under paragraph (1).’’. 

19 (D) APPLICABILITY.— 

20 (i) The amendments made by subpara21 graphs (A) and (B) shall apply to any case 

22 commenced before, on, or after the date of 

23 enactment of this Act. 

24 (ii) The amendment made by subpara25 graph (C) shall apply to any case for which 
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1 a plan has been confirmed under section 

2 1325 of title 11, United States Code, before 

3 the date of enactment of this Act. 

4 (2) SUNSET.— 

5 (A) IN GENERAL.— 

6 (i) EXCLUSION FROM CURRENT

7 MONTHLY INCOME.—Section 

8 101(10A)(B)(ii) of title 11, United States 

9 Code, is amended— 

10 (I) in subclause (III), by striking 

11 the semicolon at the end and inserting 

12 ‘‘; and’’; 

13 (II) in subclause (IV), by striking 

14 ‘‘; and’’ and inserting a period; and 

15 (III) by striking subclause (V). 

16 (ii) CONFIRMATION OF PLAN.—Section 

17 1325(b)(2) of title 11, United States Code, 

18 is amended by striking ‘‘payments made 

19 under Federal law relating to the national 

20 emergency declared by the President under 

21 the National Emergencies Act (50 U.S.C. 

22 1601 et seq.) with respect to the coronavirus 

23 disease 2019 (COVID–19),’’. 

24 (iii) MODIFICATION OF PLAN AFTER

25 CONFIRMATION.—Section 1329 of title 11, 
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1 United States Code, is amended by striking 

2 subsection (d). 

3 (B) EFFECTIVE DATE.—The amendments 

4 made by subparagraph (A) shall take effect on 

5 the date that is 1 year after the date of enact6 ment of this Act. 

7 SEC. 1114. EMERGENCY RULEMAKING AUTHORITY. 

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

9 this Act, the Administrator shall issue regulations to carry 

10 out this title and the amendments made by this title without 

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

12 title 5, United States Code. 

13 TITLE II—ASSISTANCE FOR 

14 AMERICAN WORKERS, FAMI15 LIES, AND BUSINESSES 

16 Subtitle A—Unemployment 

17 Insurance Provisions 

18 SEC. 2101. SHORT TITLE. 

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

20 Affected by Coronavirus Act’’. 

21 SEC. 2102. PANDEMIC UNEMPLOYMENT ASSISTANCE. 

22 (a) DEFINITIONS.—In this section: 

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

24 the 2019 Novel Coronavirus or 2019-nCoV. 
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1 (2) COVID–19 PUBLIC HEALTH EMERGENCY.— 

2 The term ‘‘COVID–19 public health emergency’’ 

3 means the public health emergency declared by the 

4 Secretary of Health and Human Services on January 

5 27, 2020, with respect to the 2019 Novel Coronavirus. 

6 (3) COVERED INDIVIDUAL.—The term ‘‘covered 

7 individual’’— 

8 (A) means an individual who— 

9 (i) is not eligible for regular compensa10 tion or extended benefits under State or 

11 Federal law or pandemic emergency unem12 ployment compensation under section 2107, 

13 including an individual who has exhausted 

14 all rights to regular unemployment or ex15 tended benefits under State or Federal law 

16 or pandemic emergency unemployment com17 pensation under section 2107; and 

18 (ii) provides self-certification that the 

19 individual— 

20 (I) is otherwise able to work and 

21 available for work within the meaning 

22 of applicable State law, except the in23 dividual is unemployed, partially un24 employed, or unable or unavailable to 

25 work because— 
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1 (aa) the individual has been 

2 diagnosed with COVID–19 or is 

3 experiencing symptoms of 

4 COVID–19 and seeking a medical 

5 diagnosis; 

6 (bb) a member of the individ7 ual’s household has been diagnosed 

8 with COVID–19; 

9 (cc) the individual is pro10 viding care for a family member 

11 or a member of the individual’s 

12 household who has been diagnosed 

13 with COVID–19; 

14 (dd) a child or other person 

15 in the household for which the in16 dividual has primary caregiving 

17 responsibility is unable to attend 

18 school or another facility that is 

19 closed as a direct result of the 

20 COVID–19 public health emer21 gency and such school or facility 

22 care is required for the individual 

23 to work; 

24 (ee) the individual is unable 

25 to reach the place of employment 
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1 because of a quarantine imposed 

2 as a direct result of the COVID– 

3 19 public health emergency; 

4 (ff) the individual is unable 

5 to reach the place of employment 

6 because the individual has been 

7 advised by a health care provider 

8 to self-quarantine due to concerns 

9 related to COVID–19; 

10 (gg) the individual was 

11 scheduled to commence employ12 ment and does not have a job or 

13 is unable to reach the job as a di14 rect result of the COVID–19 pub15 lic health emergency; 

16 (hh) the individual has be17 come the breadwinner or major 

18 support for a household because 

19 the head of the household has died 

20 as a direct result of COVID–19; 

21 (ii) the individual has to 

22 quit his or her job as a direct re23 sult of COVID–19; 

24 (jj) the individual’s place of 

25 employment is closed as a direct 
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1 result of the COVID–19 public 

2 health emergency; or 

3 (kk) the individual meets 

4 any additional criteria established 

5 by the Secretary for unemploy6 ment assistance under this sec7 tion; or 

8 (II) is self-employed, is seeking 

9 part-time employment, does not have 

10 sufficient work history, or otherwise 

11 would not qualify for regular unem12 ployment or extended benefits under 

13 State or Federal law or pandemic 

14 emergency unemployment compensa15 tion under section 2107 and meets the 

16 requirements of subclause (I); and 

17 (B) does not include— 

18 (i) an individual who has the ability 

19 to telework with pay; or 

20 (ii) an individual who is receiving 

21 paid sick leave or other paid leave benefits, 

22 regardless of whether the individual meets a 

23 qualification described in items (aa) 

24 through (kk) of subparagraph (A)(i)(I). 
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1 (4) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Labor. 

3 (5) STATE.—The term ‘‘State’’ includes the Dis4 trict of Columbia, the Commonwealth of Puerto Rico, 

5 the Virgin Islands, Guam, American Samoa, the 

6 Commonwealth of the Northern Mariana Islands, the 

7 Federated States of Micronesia, the Republic of the 

8 Marshall Islands, and the Republic of Palau. 

9 (b) ASSISTANCE FOR UNEMPLOYMENT AS A RESULT OF

10 COVID–19.—Subject to subsection (c), the Secretary shall 

11 provide to any covered individual unemployment benefit as12 sistance while such individual is unemployed, partially un13 employed, or unable to work for the weeks of such unemploy14 ment with respect to which the individual is not entitled 

15 to any other unemployment compensation (as that term is 

16 defined in section 85(b) of title 26, United States Code) or 

17 waiting period credit. 

18 (c) APPLICABILITY.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2), the assistance authorized under subsection 

21 (b) shall be available to a covered individual— 

22 (A) for weeks of unemployment, partial un23 employment, or inability to work caused by 

24 COVID–19— 
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1 (i) beginning on or after January 27, 

2 2020; and 

3 (ii) ending on or before December 31, 

4 2020; and 

5 (B) subject to subparagraph (A)(ii), as long 

6 as the covered individual’s unemployment, par7 tial unemployment, or inability to work caused 

8 by COVID–19 continues. 

9 (2) LIMITATION ON DURATION OF ASSISTANCE.— 

10 The total number of weeks for which a covered indi11 vidual may receive assistance under this section shall 

12 not exceed 39 weeks and such total shall include any 

13 week for which the covered individual received regular 

14 compensation or extended benefits under any Federal 

15 or State law, except that if after the date of enactment 

16 of this Act, the duration of extended benefits is ex17 tended, the 39-week period described in this para18 graph shall be extended by the number of weeks that 

19 is equal to the number of weeks by which the extended 

20 benefits were extended. 

21 (3) ASSISTANCE FOR UNEMPLOYMENT BEFORE

22 DATE OF ENACTMENT.—The Secretary shall establish 

23 a process for making assistance under this section 

24 available for weeks beginning on or after January 27, 

25 2020, and before the date of enactment of this Act. 
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1 (d) AMOUNT OF ASSISTANCE.— 

2 (1) IN GENERAL.—The assistance authorized 

3 under subsection (b) for a week of unemployment, 

4 partial unemployment, or inability to work shall be— 

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

6 under the unemployment compensation law of 

7 the State where the covered individual was em8 ployed, except that the amount may not be less 

9 than the minimum weekly benefit amount de10 scribed in section 625.6 of title 20, Code of Fed11 eral Regulations, or any successor thereto; and 

12 (ii) the amount of Federal Pandemic Unem13 ployment Compensation under section 2104; and 

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

15 benefit amount after the date of enactment of this 

16 Act, increased in an amount equal to such in17 crease. 

18 (2) CALCULATIONS OF AMOUNTS FOR CERTAIN

19 COVERED INDIVIDUALS.—In the case of a covered in20 dividual who is self-employed, who lives in a territory 

21 described in subsection (c) or (d) of section 625.6 of 

22 title 20, Code of Federal Regulations, or who would 

23 not otherwise qualify for unemployment compensation 

24 under State law, the assistance authorized under sub25 section (b) for a week of unemployment shall be cal-
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1 culated in accordance with section 625.6 of title 20, 

2 Code of Federal Regulations, or any successor thereto, 

3 and shall be increased by the amount of Federal Pan4 demic Unemployment Compensation under section 

5 2104. 

6 (3) ALLOWABLE METHODS OF PAYMENT.—Any 

7 assistance provided for in accordance with paragraph 

8 (1)(A)(ii) shall be payable either— 

9 (A) as an amount which is paid at the 

10 same time and in the same manner as the assist11 ance provided for in paragraph (1)(A)(i) is pay12 able for the week involved; or 

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

14 which are made separately from, but on the same 

15 weekly basis as, any assistance provided for in 

16 paragraph (1)(A)(i). 

17 (e) WAIVER OF STATE REQUIREMENT.—Notwith18 standing State law, for purposes of assistance authorized 

19 under this section, compensation under this Act shall be 

20 made to an individual otherwise eligible for such compensa21 tion without any waiting period. 

22 (f) AGREEMENTS WITH STATES.— 

23 (1) IN GENERAL.—The Secretary shall provide 

24 the assistance authorized under subsection (b) through 

25 agreements with States which, in the judgment of the 
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1 Secretary, have an adequate system for administering 

2 such assistance through existing State agencies. 

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

4 to each State which has entered into an agreement 

5 under this subsection an amount equal to 100 percent 

6 of— 

7 (A) the total amount of assistance provided 

8 by the State pursuant to such agreement; and 

9 (B) any additional administrative expenses 

10 incurred by the State by reason of such agree11 ment (as determined by the Secretary), including 

12 any administrative expenses necessary to facili13 tate processing of applications for assistance 

14 under this section online or by telephone rather 

15 than in-person. 

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

17 State by reason of such State’s having an agreement 

18 under this subsection shall be payable, either in ad19 vance or by way of reimbursement (as determined by 

20 the Secretary), in such amounts as the Secretary esti21 mates the State will be entitled to receive under this 

22 subsection for each calendar month, reduced or in23 creased, as the case may be, by any amount by which 

24 the Secretary finds that his estimates for any prior 

25 calendar month were greater or less than the amounts 
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1 which should have been paid to the State. Such esti2 mates may be made on the basis of such statistical, 

3 sampling, or other method as may be agreed upon by 

4 the Secretary and the State agency of the State in5 volved. 

6 (g) FUNDING.— 

7 (1) ASSISTANCE.— 

8 (A) IN GENERAL.—Funds in the extended 

9 unemployment compensation account (as estab10 lished by section 905(a) of the Social Security 

11 Act (42 U.S.C. 1105(a)) of the Unemployment 

12 Trust Fund (as established by section 904(a) of 

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

14 make payments to States pursuant to subsection 

15 (f)(2)(A). 

16 (B) TRANSFER OF FUNDS.—Notwith17 standing any other provision of law, the Sec18 retary of the Treasury shall transfer from the 

19 general fund of the Treasury (from funds not 

20 otherwise appropriated) to the extended unem21 ployment compensation account such sums as the 

22 Secretary of Labor estimates to be necessary to 

23 make payments described in subparagraph (A). 

24 There are appropriated from the general fund of 

25 the Treasury, without fiscal year limitation, the 
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1 sums referred to in the preceding sentence and 

2 such sums shall not be required to be repaid. 

3 (2) ADMINISTRATIVE EXPENSES.— 

4 (A) IN GENERAL.—Funds in the employ5 ment security administration account (as estab6 lished by section 901(a) of the Social Security 

7 Act (42 U.S.C. 1105(a)) of the Unemployment 

8 Trust Fund (as established by section 904(a) of 

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

10 make payments to States pursuant to subsection 

11 (f)(2)(B). 

12 (B) TRANSFER OF FUNDS.—Notwith13 standing any other provision of law, the Sec14 retary of the Treasury shall transfer from the 

15 general fund of the Treasury (from funds not 

16 otherwise appropriated) to the employment secu17 rity administration account such sums as the 

18 Secretary of Labor estimates to be necessary to 

19 make payments described in subparagraph (A). 

20 There are appropriated from the general fund of 

21 the Treasury, without fiscal year limitation, the 

22 sums referred to in the preceding sentence and 

23 such sums shall not be required to be repaid. 

24 (3) CERTIFICATIONS.—The Secretary of Labor 

25 shall from time to time certify to the Secretary of the 
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1 Treasury for payment to each State the sums payable 

2 to such State under paragraphs (1) and (2). 

3 (h) RELATIONSHIP BETWEEN PANDEMIC UNEMPLOY4 MENT ASSISTANCE AND DISASTER UNEMPLOYMENT ASSIST5 ANCE.—Except as otherwise provided in this section or to 

6 the extent there is a conflict between this section and section 

7 625 of title 20, Code of Federal Regulations, such section 

8 625 shall apply to this section as if— 

9 (1) the term ‘‘COVID–19 public health emer10 gency’’ were substituted for the term ‘‘major disaster’’ 

11 each place it appears in such section 625; and 

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

13 term ‘‘disaster’’ each place it appears in such section 

14 625. 

15 SEC. 2103. EMERGENCY UNEMPLOYMENT RELIEF FOR GOV16 ERNMENTAL ENTITIES AND NONPROFIT OR17 GANIZATIONS. 

18 (a) FLEXIBILITY IN PAYING REIMBURSEMENT.—The 

19 Secretary of Labor may issue clarifying guidance to allow 

20 States to interpret their State unemployment compensation 

21 laws in a manner that would provide maximum flexibility 

22 to reimbursing employers as it relates to timely payment 

23 and assessment of penalties and interest pursuant to such 

24 State laws. 
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1 (b) FEDERAL FUNDING.—Section 903 of the Social Se2 curity Act (42 U.S.C. 1103) is amended by adding at the 

3 end the following: 

4 ‘‘Transfers for Federal Reimbursement of State 

5 Unemployment Funds 

6 ‘‘(i)(1)(A) In addition to any other amounts, the Sec7 retary of Labor shall provide for the transfer of funds dur8 ing the applicable period to the accounts of the States in 

9 the Unemployment Trust Fund, by transfer from amounts 

10 reserved for that purpose in the Federal unemployment ac11 count, in accordance with the succeeding provisions of this 

12 subsection. 

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

14 of a State under subparagraph (A) during the applicable 

15 period shall, as determined by the Secretary of Labor, be 

16 equal to one-half of the amounts of compensation (as defined 

17 in section 3306(h) of the Internal Revenue Code of 1986) 

18 attributable under the State law to service to which section 

19 3309(a)(1) of such Code applies that were paid by the State 

20 for weeks of unemployment beginning and ending during 

21 such period. Such transfers shall be made at such times as 

22 the Secretary of Labor considers appropriate. 

23 ‘‘(C) Notwithstanding any other law, funds transferred 

24 to the account of a State under subparagraph (A) shall be 

25 used exclusively to reimburse governmental entities and 
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1 other organizations described in section 3309(a)(2) of such 

2 Code for amounts paid (in lieu of contributions) into the 

3 State unemployment fund pursuant to such section. 

4 ‘‘(D) For purposes of this paragraph, the term ‘appli5 cable period’ means the period beginning on March 13, 

6 2020, and ending on December 31, 2020. 

7 ‘‘(2)(A) Notwithstanding any other provision of law, 

8 the Secretary of the Treasury shall transfer from the general 

9 fund of the Treasury (from funds not otherwise appro10 priated) to the Federal unemployment account such sums 

11 as the Secretary of Labor estimates to be necessary for pur12 poses of making the transfers described in paragraph (1). 

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

14 the Treasury, without fiscal year limitation, the sums re15 ferred to in subparagraph (A) and such sums shall not be 

16 required to be repaid.’’. 

17 SEC. 2104. EMERGENCY INCREASE IN UNEMPLOYMENT 

18 COMPENSATION BENEFITS. 

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

20 desires to do so may enter into and participate in an agree21 ment under this section with the Secretary of Labor (in this 

22 section referred to as the ‘‘Secretary’’). Any State which is 

23 a party to an agreement under this section may, upon pro24 viding 30 days’ written notice to the Secretary, terminate 

25 such agreement. 
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1 (b) PROVISIONS OF AGREEMENT.— 

2 (1) FEDERAL PANDEMIC UNEMPLOYMENT COM3 PENSATION.—Any agreement under this section shall 

4 provide that the State agency of the State will make 

5 payments of regular compensation to individuals in 

6 amounts and to the extent that they would be deter7 mined if the State law of the State were applied, with 

8 respect to any week for which the individual is (dis9 regarding this section) otherwise entitled under the 

10 State law to receive regular compensation, as if such 

11 State law had been modified in a manner such that 

12 the amount of regular compensation (including de13 pendents’ allowances) payable for any week shall be 

14 equal to— 

15 (A) the amount determined under the State 

16 law (before the application of this paragraph), 

17 plus 

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

19 section referred to as ‘‘Federal Pandemic Unem20 ployment Compensation’’). 

21 (2) ALLOWABLE METHODS OF PAYMENT.—Any 

22 Federal Pandemic Unemployment Compensation pro23 vided for in accordance with paragraph (1) shall be 

24 payable either— 
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1 (A) as an amount which is paid at the 

2 same time and in the same manner as any reg3 ular compensation otherwise payable for the 

4 week involved; or 

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

6 which are made separately from, but on the same 

7 weekly basis as, any regular compensation other8 wise payable. 

9 (c) NONREDUCTION RULE.— 

10 (1) IN GENERAL.—An agreement under this sec11 tion shall not apply (or shall cease to apply) with re12 spect to a State upon a determination by the Sec13 retary that the method governing the computation of 

14 regular compensation under the State law of that 

15 State has been modified in a manner such that the 

16 number of weeks (the maximum benefit entitlement), 

17 or the average weekly benefit amount, of regular com18 pensation which will be payable during the period of 

19 the agreement (determined disregarding any Federal 

20 Pandemic Unemployment Compensation) will be less 

21 than the number of weeks, or the average weekly ben22 efit amount, of the average weekly benefit amount of 

23 regular compensation which would otherwise have 

24 been payable during such period under the State law, 

25 as in effect on January 1, 2020. 
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1 (2) MAXIMUM BENEFIT ENTITLEMENT.—In para2 graph (1), the term ‘‘maximum benefit entitlement’’ 

3 means the amount of regular unemployment com4 pensation payable to an individual with respect to 

5 the individual’s benefit year. 

6 (d) PAYMENTS TO STATES.— 

7 (1) IN GENERAL.— 

8 (A) FULL REIMBURSEMENT.—There shall be 

9 paid to each State which has entered into an 

10 agreement under this section an amount equal to 

11 100 percent of— 

12 (i) the total amount of Federal Pan13 demic Unemployment Compensation paid 

14 to individuals by the State pursuant to such 

15 agreement; and 

16 (ii) any additional administrative ex17 penses incurred by the State by reason of 

18 such agreement (as determined by the Sec19 retary). 

20 (B) TERMS OF PAYMENTS.—Sums payable 

21 to any State by reason of such State’s having an 

22 agreement under this section shall be payable, ei23 ther in advance or by way of reimbursement (as 

24 determined by the Secretary), in such amounts 

25 as the Secretary estimates the State will be enti-
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1 tled to receive under this section for each cal2 endar month, reduced or increased, as the case 

3 may be, by any amount by which the Secretary 

4 finds that his estimates for any prior calendar 

5 month were greater or less than the amounts 

6 which should have been paid to the State. Such 

7 estimates may be made on the basis of such sta8 tistical, sampling, or other method as may be 

9 agreed upon by the Secretary and the State 

10 agency of the State involved. 

11 (2) CERTIFICATIONS.—The Secretary shall from 

12 time to time certify to the Secretary of the Treasury 

13 for payment to each State the sums payable to such 

14 State under this section. 

15 (3) APPROPRIATION.—There are appropriated 

16 from the general fund of the Treasury, without fiscal 

17 year limitation, such sums as may be necessary for 

18 purposes of this subsection. 

19 (e) APPLICABILITY.—An agreement entered into under 

20 this section shall apply to weeks of unemployment— 

21 (1) beginning after the date on which such agree22 ment is entered into; and 

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

24 (f) FRAUD AND OVERPAYMENTS.— 
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1 (1) IN GENERAL.—If an individual knowingly 

2 has made, or caused to be made by another, a false 

3 statement or representation of a material fact, or 

4 knowingly has failed, or caused another to fail, to dis5 close a material fact, and as a result of such false 

6 statement or representation or of such nondisclosure 

7 such individual has received an amount of Federal 

8 Pandemic Unemployment Compensation to which 

9 such individual was not entitled, such individual— 

10 (A) shall be ineligible for further Federal 

11 Pandemic Unemployment Compensation in ac12 cordance with the provisions of the applicable 

13 State unemployment compensation law relating 

14 to fraud in connection with a claim for unem15 ployment compensation; and 

16 (B) shall be subject to prosecution under 

17 section 1001 of title 18, United States Code. 

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

19 have received amounts of Federal Pandemic Unem20 ployment Compensation to which they were not enti21 tled, the State shall require such individuals to repay 

22 the amounts of such Federal Pandemic Unemploy23 ment Compensation to the State agency, except that 

24 the State agency may waive such repayment if it de25 termines that— 
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1 (A) the payment of such Federal Pandemic 

2 Unemployment Compensation was without fault 

3 on the part of any such individual; and 

4 (B) such repayment would be contrary to 

5 equity and good conscience. 

6 (3) RECOVERY BY STATE AGENCY.— 

7 (A) IN GENERAL.—The State agency shall 

8 recover the amount to be repaid, or any part 

9 thereof, by deductions from any Federal Pan10 demic Unemployment Compensation payable to 

11 such individual or from any unemployment com12 pensation payable to such individual under any 

13 State or Federal unemployment compensation 

14 law administered by the State agency or under 

15 any other State or Federal law administered by 

16 the State agency which provides for the payment 

17 of any assistance or allowance with respect to 

18 any week of unemployment, during the 3-year 

19 period after the date such individuals received 

20 the payment of the Federal Pandemic Unemploy21 ment Compensation to which they were not enti22 tled, in accordance with the same procedures as 

23 apply to the recovery of overpayments of regular 

24 unemployment benefits paid by the State. 
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1 (B) OPPORTUNITY FOR HEARING.—No re2 payment shall be required, and no deduction 

3 shall be made, until a determination has been 

4 made, notice thereof and an opportunity for a 

5 fair hearing has been given to the individual, 

6 and the determination has become final. 

7 (4) REVIEW.—Any determination by a State 

8 agency under this section shall be subject to review in 

9 the same manner and to the same extent as deter10 minations under the State unemployment compensa11 tion law, and only in that manner and to that extent. 

12 (g) APPLICATION TO OTHER UNEMPLOYMENT BENE13 FITS.—Each agreement under this section shall include pro14 visions to provide that the purposes of the preceding provi15 sions of this section shall be applied with respect to unem16 ployment benefits described in subsection (i)(2) to the same 

17 extent and in the same manner as if those benefits were 

18 regular compensation. 

19 (h) DISREGARD OF ADDITIONAL COMPENSATION FOR

20 PURPOSES OF MEDICAID AND CHIP.—The monthly equiva21 lent of any Federal pandemic unemployment compensation 

22 paid to an individual under this section shall be dis23 regarded when determining income for any purpose under 

24 the programs established under titles XIX and title XXI of 
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1 the Social Security Act (42 U.S.C. 1396 et seq., 1397aa et 

2 seq.) . 

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

4 (1) the terms ‘‘compensation’’, ‘‘regular com5 pensation’’, ‘‘benefit year’’, ‘‘State’’, ‘‘State agency’’, 

6 ‘‘State law’’, and ‘‘week’’ have the respective meanings 

7 given such terms under section 205 of the Federal8 State Extended Unemployment Compensation Act of 

9 1970 (26 U.S.C. 3304 note); and 

10 (2) any reference to unemployment benefits de11 scribed in this paragraph shall be considered to refer 

12 to— 

13 (A) extended compensation (as defined by 

14 section 205 of the Federal-State Extended Unem15 ployment Compensation Act of 1970); 

16 (B) regular compensation (as defined by 

17 section 85(b) of the Internal Revenue Code of 

18 1986) provided under any program administered 

19 by a State under an agreement with the Sec20 retary; 

21 (C) pandemic unemployment assistance 

22 under section 2102; and 

23 (D) pandemic emergency unemployment 

24 compensation under section 2107. 
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1 SEC. 2105. TEMPORARY FULL FEDERAL FUNDING OF THE 

2 FIRST WEEK OF COMPENSABLE REGULAR UN3 EMPLOYMENT FOR STATES WITH NO WAITING 

4 WEEK. 

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

6 desires to do so may enter into and participate in an agree7 ment under this section with the Secretary of Labor (in this 

8 section referred to as the ‘‘Secretary’’). Any State which is 

9 a party to an agreement under this section may, upon pro10 viding 30 days’ written notice to the Secretary, terminate 

11 such agreement. 

12 (b) REQUIREMENT THAT STATE LAW DOES NOT

13 APPLY A WAITING WEEK.—A State is eligible to enter into 

14 an agreement under this section if the State law (including 

15 a waiver of State law) provides that compensation is paid 

16 to individuals for their first week of regular unemployment 

17 without a waiting week. An agreement under this section 

18 shall not apply (or shall cease to apply) with respect to 

19 a State upon a determination by the Secretary that the 

20 State law no longer meets the requirement under the pre21 ceding sentence. 

22 (c) PAYMENTS TO STATES.— 

23 (1) FULL REIMBURSEMENT.—There shall be paid 

24 to each State which has entered into an agreement 

25 under this section an amount equal to 100 percent 

26 of— 
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1 (A) the total amount of regular compensa2 tion paid to individuals by the State for their 

3 first week of regular unemployment; and 

4 (B) any additional administrative expenses 

5 incurred by the State by reason of such agree6 ment (as determined by the Secretary). 

7 (2) TERMS OF PAYMENTS.—Sums payable to any 

8 State by reason of such State’s having an agreement 

9 under this section shall be payable, either in advance 

10 or by way of reimbursement (as determined by the 

11 Secretary), in such amounts as the Secretary esti12 mates the State will be entitled to receive under this 

13 section for each calendar month, reduced or increased, 

14 as the case may be, by any amount by which the Sec15 retary finds that his estimates for any prior calendar 

16 month were greater or less than the amounts which 

17 should have been paid to the State. Such estimates 

18 may be made on the basis of such statistical, sam19 pling, or other method as may be agreed upon by the 

20 Secretary and the State agency of the State involved. 

21 (d) FUNDING.— 

22 (1) COMPENSATION.— 

23 (A) IN GENERAL.—Funds in the Federal 

24 unemployment account (as established by section 

25 905(g)) of the Unemployment Trust Fund (as es-
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1 tablished by section 904(a)) shall be used to 

2 make payments under subsection (c)(1)(A). 

3 (B) TRANSFER OF FUNDS.—Notwith4 standing any other provision of law, the Sec5 retary of the Treasury shall transfer from the 

6 general fund of the Treasury (from funds not 

7 otherwise appropriated) to the Federal unem8 ployment account such sums as the Secretary of 

9 Labor estimates to be necessary to make pay10 ments described in subparagraph (A). There are 

11 appropriated from the general fund of the Treas12 ury, without fiscal year limitation, the sums re13 ferred to in the preceding sentence and such 

14 sums shall not be required to be repaid. 

15 (2) ADMINISTRATIVE EXPENSES.— 

16 (A) IN GENERAL.—Funds in the employ17 ment security administration account (as estab18 lished by section 901(a) of the Social Security 

19 Act (42 U.S.C. 1105(a)) of the Unemployment 

20 Trust Fund (as established by section 904(a) of 

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

22 make payments to States pursuant to subsection 

23 (c)(1)(B). 

24 (B) TRANSFER OF FUNDS.—Notwith25 standing any other provision of law, the Sec-
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1 retary of the Treasury shall transfer from the 

2 general fund of the Treasury (from funds not 

3 otherwise appropriated) to the employment secu4 rity administration account such sums as the 

5 Secretary of Labor estimates to be necessary to 

6 make payments described in subparagraph (A). 

7 There are appropriated from the general fund of 

8 the Treasury, without fiscal year limitation, the 

9 sums referred to in the preceding sentence and 

10 such sums shall not be required to be repaid. 

11 (3) CERTIFICATIONS.—The Secretary shall from 

12 time to time certify to the Secretary of the Treasury 

13 for payment to each State the sums payable to such 

14 State under this section. 

15 (e) APPLICABILITY.—An agreement entered into under 

16 this section shall apply to weeks of unemployment— 

17 (1) beginning after the date on which such agree18 ment is entered into; and 

19 (2) ending on or before December 31, 2020. 

20 (f) FRAUD AND OVERPAYMENTS.—The provisions of 

21 section 2107(e) shall apply with respect to compensation 

22 paid under an agreement under this section to the same 

23 extent and in the same manner as in the case of pandemic 

24 emergency unemployment compensation under such section. 
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1 (g) DEFINITIONS.—For purposes of this section, the 

2 terms ‘‘regular compensation’’, ‘‘State’’, ‘‘State agency’’, 

3 ‘‘State law’’, and ‘‘week’’ have the respective meanings given 

4 such terms under section 205 of the Federal-State Extended 

5 Unemployment Compensation Act of 1970 (26 U.S.C. 3304 

6 note). 

7 SEC. 2106. EMERGENCY STATE STAFFING FLEXIBILITY. 

8 Section 4102(b) of the Emergency Unemployment Sta9 bilization and Access Act of 2020 (contained in division 

10 D of the Families First Coronavirus Response Act) is 

11 amended— 

12 (1) by striking ‘‘or employer experience rating’’ 

13 and inserting ‘‘employer experience rating, or, subject 

14 to the succeeding sentence, personnel standards on a 

15 merit basis’’; and 

16 (2) by adding at the end the following new sen17 tence: ‘‘The emergency flexibility for personnel stand18 ards on a merit basis shall only apply through De19 cember 31, 2020, and is limited to engaging of tem20 porary staff, rehiring of retirees or former employees 

21 on a non-competitive basis, and other temporary ac22 tions to quickly process applications and claims.’’. 

23 SEC. 2107. PANDEMIC EMERGENCY UNEMPLOYMENT COM24 PENSATION. 

25 (a) FEDERAL-STATE AGREEMENTS.— 
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1 (1) IN GENERAL.—Any State which desires to do 

2 so may enter into and participate in an agreement 

3 under this section with the Secretary of Labor (in this 

4 section referred to as the ‘‘Secretary’’). Any State 

5 which is a party to an agreement under this section 

6 may, upon providing 30 days’ written notice to the 

7 Secretary, terminate such agreement. 

8 (2) PROVISIONS OF AGREEMENT.—Any agree9 ment under paragraph (1) shall provide that the 

10 State agency of the State will make payments of pan11 demic emergency unemployment compensation to in12 dividuals who— 

13 (A) have exhausted all rights to regular 

14 compensation under the State law or under Fed15 eral law with respect to a benefit year (excluding 

16 any benefit year that ended before July1, 2019); 

17 (B) have no rights to regular compensation 

18 with respect to a week under such law or any 

19 other State unemployment compensation law or 

20 to compensation under any other Federal law; 

21 (C) are not receiving compensation with re22 spect to such week under the unemployment com23 pensation law of Canada; and 

24 (D) are able to work, available to work, and 

25 actively seeking work. 
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1 (3) EXHAUSTION OF BENEFITS.—For purposes of 

2 paragraph (2)(A), an individual shall be deemed to 

3 have exhausted such individual’s rights to regular 

4 compensation under a State law when— 

5 (A) no payments of regular compensation 

6 can be made under such law because such indi7 vidual has received all regular compensation 

8 available to such individual based on employ9 ment or wages during such individual’s base pe10 riod; or 

11 (B) such individual’s rights to such com12 pensation have been terminated by reason of the 

13 expiration of the benefit year with respect to 

14 which such rights existed. 

15 (4) WEEKLY BENEFIT AMOUNT, ETC.—For pur16 poses of any agreement under this section— 

17 (A) the amount of pandemic emergency un18 employment compensation which shall be pay19 able to any individual for any week of total un20 employment shall be equal to— 

21 (i) the amount of the regular com22 pensation (including dependents’ allow23 ances) payable to such individual during 

24 such individual’s benefit year under the 
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1 State law for a week of total unemployment; 

2 and 

3 (ii) the amount of Federal Pandemic 

4 Unemployment Compensation under section 

5 2104; 

6 (B) the terms and conditions of the State 

7 law which apply to claims for regular compensa8 tion and to the payment thereof (including terms 

9 and conditions relating to availability for work, 

10 active search for work, and refusal to accept 

11 work) shall apply to claims for pandemic emer12 gency unemployment compensation and the pay13 ment thereof, except where otherwise inconsistent 

14 with the provisions of this section or with the 

15 regulations or operating instructions of the Sec16 retary promulgated to carry out this section; 

17 (C) the maximum amount of pandemic 

18 emergency unemployment compensation payable 

19 to any individual for whom an pandemic emer20 gency unemployment compensation account is 

21 established under subsection (b) shall not exceed 

22 the amount established in such account for such 

23 individual; and 
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1 (D) the allowable methods of payment under 

2 section 2104(b)(2) shall apply to payments of 

3 amounts described in subparagraph (A)(ii). 

4 (5) COORDINATION RULE.—An agreement under 

5 this section shall apply with respect to a State only 

6 upon a determination by the Secretary that, under 

7 the State law or other applicable rules of such State, 

8 the payment of extended compensation for which an 

9 individual is otherwise eligible must be deferred until 

10 after the payment of any pandemic emergency unem11 ployment compensation under subsection (b) for 

12 which the individual is concurrently eligible. 

13 (6) NONREDUCTION RULE.— 

14 (A) IN GENERAL.—An agreement under this 

15 section shall not apply (or shall cease to apply) 

16 with respect to a State upon a determination by 

17 the Secretary that the method governing the com18 putation of regular compensation under the 

19 State law of that State has been modified in a 

20 manner such that the number of weeks (the max21 imum benefit entitlement), or the average weekly 

22 benefit amount, of regular compensation which 

23 will be payable during the period of the agree24 ment will be less than the number of weeks, or 

25 the average weekly benefit amount, of the average 
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1 weekly benefit amount of regular compensation 

2 which would otherwise have been payable during 

3 such period under the State law, as in effect on 

4 January 1, 2020. 

5 (B) MAXIMUM BENEFIT ENTITLEMENT.—In 

6 subparagraph (A), the term ‘‘maximum benefit 

7 entitlement’’ means the amount of regular unem8 ployment compensation payable to an individual 

9 with respect to the individual’s benefit year. 

10 (7) ACTIVELY SEEKING WORK.— 

11 (A) IN GENERAL.—Subject to subparagraph 

12 (C), for purposes of paragraph (2)(D), the term 

13 ‘‘actively seeking work’’ means, with respect to 

14 any individual, that such individual— 

15 (i) is registered for employment serv16 ices in such a manner and to such extent as 

17 prescribed by the State agency; 

18 (ii) has engaged in an active search for 

19 employment that is appropriate in light of 

20 the employment available in the labor mar21 ket, the individual’s skills and capabilities, 

22 and includes a number of employer contacts 

23 that is consistent with the standards com24 municated to the individual by the State; 
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1 (iii) has maintained a record of such 

2 work search, including employers contacted, 

3 method of contact, and date contacted; and 

4 (iv) when requested, has provided such 

5 work search record to the State agency. 

6 (B) FLEXIBILITY.—Notwithstanding the re7 quirements under subparagraph (A) and para8 graph (2)(D), a State shall provide flexibility in 

9 meeting such requirements in case of individuals 

10 unable to search for work because of COVID–19, 

11 including because of illness, quarantine, or move12 ment restriction. 

13 (b) PANDEMIC EMERGENCY UNEMPLOYMENT COM14 PENSATION ACCOUNT.— 

15 (1) IN GENERAL.—Any agreement under this sec16 tion shall provide that the State will establish, for 

17 each eligible individual who files an application for 

18 pandemic emergency unemployment compensation, an 

19 pandemic emergency unemployment compensation ac20 count with respect to such individual’s benefit year. 

21 (2) AMOUNT IN ACCOUNT.—The amount estab22 lished in an account under subsection (a) shall be 

23 equal to 13 times the individual’s average weekly ben24 efit amount, which includes the amount of Federal 
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1 Pandemic Unemployment Compensation under sec2 tion 2104, for the benefit year. 

3 (3) WEEKLY BENEFIT AMOUNT.—For purposes of 

4 this subsection, an individual’s weekly benefit amount 

5 for any week is the amount of regular compensation 

6 (including dependents’ allowances) under the State 

7 law payable to such individual for such week for total 

8 unemployment plus the amount of Federal Pandemic 

9 Unemployment Compensation under section 2104. 

10 (c) PAYMENTS TO STATES HAVING AGREEMENTS FOR

11 THE PAYMENT OF PANDEMIC EMERGENCY UNEMPLOYMENT

12 COMPENSATION.— 

13 (1) IN GENERAL.—There shall be paid to each 

14 State that has entered into an agreement under this 

15 section an amount equal to 100 percent of the pan16 demic emergency unemployment compensation paid 

17 to individuals by the State pursuant to such agree18 ment. 

19 (2) TREATMENT OF REIMBURSABLE COMPENSA20 TION.—No payment shall be made to any State under 

21 this section in respect of any compensation to the ex22 tent the State is entitled to reimbursement in respect 

23 of such compensation under the provisions of any 

24 Federal law other than this section or chapter 85 of 

25 title 5, United States Code. A State shall not be enti-
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1 tled to any reimbursement under such chapter 85 in 

2 respect of any compensation to the extent the State is 

3 entitled to reimbursement under this section in re4 spect of such compensation. 

5 (3) DETERMINATION OF AMOUNT.—Sums pay6 able to any State by reason of such State having an 

7 agreement under this section shall be payable, either 

8 in advance or by way of reimbursement (as may be 

9 determined by the Secretary), in such amounts as the 

10 Secretary estimates the State will be entitled to re11 ceive under this section for each calendar month, re12 duced or increased, as the case may be, by any 

13 amount by which the Secretary finds that the Sec14 retary’s estimates for any prior calendar month were 

15 greater or less than the amounts which should have 

16 been paid to the State. Such estimates may be made 

17 on the basis of such statistical, sampling, or other 

18 method as may be agreed upon by the Secretary and 

19 the State agency of the State involved. 

20 (d) FINANCING PROVISIONS.— 

21 (1) COMPENSATION.— 

22 (A) IN GENERAL.—Funds in the extended 

23 unemployment compensation account (as estab24 lished by section 905(a) of the Social Security 

25 Act (42 U.S.C. 1105(a)) of the Unemployment 
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1 Trust Fund (as established by section 904(a) of 

2 such Act (42 U.S.C. 1104(a)) shall be used for 

3 the making of payments to States having agree4 ments entered into under this section. 

5 (B) TRANSFER OF FUNDS.—Notwith6 standing any other provision of law, the Sec7 retary of the Treasury shall transfer from the 

8 general fund of the Treasury (from funds not 

9 otherwise appropriated) to the extended unem10 ployment compensation account such sums as the 

11 Secretary of Labor estimates to be necessary to 

12 make payments described in subparagraph (A). 

13 There are appropriated from the general fund of 

14 the Treasury, without fiscal year limitation, the 

15 sums referred to in the preceding sentence and 

16 such sums shall not be required to be repaid. 

17 (2) ADMINISTRATION.— 

18 (A) IN GENERAL.—There are appropriated 

19 out of the employment security administration 

20 account (as established by section 901(a) of the 

21 Social Security Act (42 U.S.C. 1101(a)) of the 

22 Unemployment Trust Fund, without fiscal year 

23 limitation, such funds as may be necessary for 

24 purposes of assisting States (as provided in title 

25 III of the Social Security Act (42 U.S.C. 501 et 
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† HR 748 EAS 

1 seq.)) in meeting the costs of administration of 

2 agreements under this section. 

3 (B) TRANSFER OF FUNDS.—Notwith4 standing any other provision of law, the Sec5 retary of the Treasury shall transfer from the 

6 general fund of the Treasury (from funds not 

7 otherwise appropriated) to the employment secu8 rity administration account such sums as the 

9 Secretary of Labor estimates to be necessary to 

10 make payments described in subparagraph (A). 

11 There are appropriated from the general fund of 

12 the Treasury, without fiscal year limitation, the 

13 sums referred to in the preceding sentence and 

14 such sums shall not be required to be repaid. 

15 (3) CERTIFICATION.—The Secretary shall from 

16 time to time certify to the Secretary of the Treasury 

17 for payment to each State the sums payable to such 

18 State under this subsection. The Secretary of the 

19 Treasury, prior to audit or settlement by the Govern20 ment Accountability Office, shall make payments to 

21 the State in accordance with such certification, by 

22 transfers from the extended unemployment compensa23 tion account (as so established) to the account of such 

24 State in the Unemployment Trust Fund (as so estab25 lished). 
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1 (e) FRAUD AND OVERPAYMENTS.— 

2 (1) IN GENERAL.—If an individual knowingly 

3 has made, or caused to be made by another, a false 

4 statement or representation of a material fact, or 

5 knowingly has failed, or caused another to fail, to dis6 close a material fact, and as a result of such false 

7 statement or representation or of such nondisclosure 

8 such individual has received an amount of pandemic 

9 emergency unemployment compensation under this 

10 section to which such individual was not entitled, 

11 such individual— 

12 (A) shall be ineligible for further pandemic 

13 emergency unemployment compensation under 

14 this section in accordance with the provisions of 

15 the applicable State unemployment compensa16 tion law relating to fraud in connection with a 

17 claim for unemployment compensation; and 

18 (B) shall be subject to prosecution under 

19 section 1001 of title 18, United States Code. 

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

21 have received amounts of pandemic emergency unem22 ployment compensation under this section to which 

23 they were not entitled, the State shall require such in24 dividuals to repay the amounts of such pandemic 

25 emergency unemployment compensation to the State 
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1 agency, except that the State agency may waive such 

2 repayment if it determines that— 

3 (A) the payment of such pandemic emer4 gency unemployment compensation was without 

5 fault on the part of any such individual; and 

6 (B) such repayment would be contrary to 

7 equity and good conscience. 

8 (3) RECOVERY BY STATE AGENCY.— 

9 (A) IN GENERAL.—The State agency shall 

10 recover the amount to be repaid, or any part 

11 thereof, by deductions from any pandemic emer12 gency unemployment compensation payable to 

13 such individual under this section or from any 

14 unemployment compensation payable to such in15 dividual under any State or Federal unemploy16 ment compensation law administered by the 

17 State agency or under any other State or Fed18 eral law administered by the State agency which 

19 provides for the payment of any assistance or al20 lowance with respect to any week of unemploy21 ment, during the 3-year period after the date 

22 such individuals received the payment of the 

23 pandemic emergency unemployment compensa24 tion to which they were not entitled, in accord25 ance with the same procedures as apply to the 
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1 recovery of overpayments of regular unemploy2 ment benefits paid by the State. 

3 (B) OPPORTUNITY FOR HEARING.—No re4 payment shall be required, and no deduction 

5 shall be made, until a determination has been 

6 made, notice thereof and an opportunity for a 

7 fair hearing has been given to the individual, 

8 and the determination has become final. 

9 (4) REVIEW.—Any determination by a State 

10 agency under this section shall be subject to review in 

11 the same manner and to the same extent as deter12 minations under the State unemployment compensa13 tion law, and only in that manner and to that extent. 

14 (f) DEFINITIONS.—In this section, the terms ‘‘com15 pensation’’, ‘‘regular compensation’’, ‘‘extended compensa16 tion’’, ‘‘benefit year’’, ‘‘base period’’, ‘‘State’’, ‘‘State agen17 cy’’, ‘‘State law’’, and ‘‘week’’ have the respective meanings 

18 given such terms under section 205 of the Federal-State Ex19 tended Unemployment Compensation Act of 1970 (26 

20 U.S.C. 3304 note). 

21 (g) APPLICABILITY.—An agreement entered into under 

22 this section shall apply to weeks of unemployment— 

23 (1) beginning after the date on which such agree24 ment is entered into; and 

25 (2) ending on or before December 31, 2020. 
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1 SEC. 2108. TEMPORARY FINANCING OF SHORT-TIME COM2 PENSATION PAYMENTS IN STATES WITH PRO3 GRAMS IN LAW. 

4 (a) PAYMENTS TO STATES.— 

5 (1) IN GENERAL.—Subject to paragraph (3), 

6 there shall be paid to a State an amount equal to 100 

7 percent of the amount of short-time compensation 

8 paid under a short-time compensation program (as 

9 defined in section 3306(v) of the Internal Revenue 

10 Code of 1986) under the provisions of the State law. 

11 (2) TERMS OF PAYMENTS.—Payments made to a 

12 State under paragraph (1) shall be payable by way 

13 of reimbursement in such amounts as the Secretary 

14 estimates the State will be entitled to receive under 

15 this section for each calendar month, reduced or in16 creased, as the case may be, by any amount by which 

17 the Secretary finds that the Secretary’s estimates for 

18 any prior calendar month were greater or less than 

19 the amounts which should have been paid to the 

20 State. Such estimates may be made on the basis of 

21 such statistical, sampling, or other method as may be 

22 agreed upon by the Secretary and the State agency of 

23 the State involved. 

24 (3) LIMITATIONS ON PAYMENTS.— 

25 (A) GENERAL PAYMENT LIMITATIONS.—No 

26 payments shall be made to a State under this 
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1 section for short-time compensation paid to an 

2 individual by the State during a benefit year in 

3 excess of 26 times the amount of regular com4 pensation (including dependents’ allowances) 

5 under the State law payable to such individual 

6 for a week of total unemployment. 

7 (B) EMPLOYER LIMITATIONS.—No pay8 ments shall be made to a State under this section 

9 for benefits paid to an individual by the State 

10 under a short-time compensation program if 

11 such individual is employed by the participating 

12 employer on a seasonal, temporary, or intermit13 tent basis. 

14 (b) APPLICABILITY.—Payments to a State under sub15 section (a) shall be available for weeks of unemployment— 

16 (1) beginning on or after the date of the enact17 ment of this Act; and 

18 (2) ending on or before December 31, 2020. 

19 (c) NEW PROGRAMS.—Subject to subsection (b)(2), if 

20 at any point after the date of the enactment of this Act 

21 the State enacts a State law providing for the payment of 

22 short-time compensation under a short-time compensation 

23 program that meets the definition of such a program under 

24 section 3306(v) of the Internal Revenue Code of 1986, the 
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1 State shall be eligible for payments under this section after 

2 the effective date of such enactment. 

3 (d) FUNDING AND CERTIFICATIONS.— 

4 (1) FUNDING.—There are appropriated, out of 

5 moneys in the Treasury not otherwise appropriated, 

6 such sums as may be necessary for purposes of car7 rying out this section. 

8 (2) CERTIFICATIONS.—The Secretary shall from 

9 time to time certify to the Secretary of the Treasury 

10 for payment to each State the sums payable to such 

11 State under this section. 

12 (e) DEFINITIONS.—In this section: 

13 (1) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Labor. 

15 (2) STATE; STATE AGENCY; STATE LAW.—The 

16 terms ‘‘State’’, ‘‘State agency’’, and ‘‘State law’’ have 

17 the meanings given those terms in section 205 of the 

18 Federal-State Extended Unemployment Compensation 

19 Act of 1970 (26 U.S.C. 3304 note). 

20 (f) TECHNICAL CORRECTION TO DEFINITION.—Section 

21 3306(v)(6) of the Internal Revenue Code of 1986 (26 U.S.C. 

22 3306) is amended by striking ‘‘Workforce Investment Act 

23 of 1998’’ and inserting ‘‘Workforce Innovation and Oppor24 tunity Act’’. 
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1 SEC. 2109. TEMPORARY FINANCING OF SHORT-TIME COM2 PENSATION AGREEMENTS. 

3 (a) FEDERAL-STATE AGREEMENTS.— 

4 (1) IN GENERAL.—Any State which desires to do 

5 so may enter into, and participate in, an agreement 

6 under this section with the Secretary provided that 

7 such State’s law does not provide for the payment of 

8 short-time compensation under a short-time com9 pensation program (as defined in section 3306(v) of 

10 the Internal Revenue Code of 1986). 

11 (2) ABILITY TO TERMINATE.—Any State which 

12 is a party to an agreement under this section may, 

13 upon providing 30 days’ written notice to the Sec14 retary, terminate such agreement. 

15 (b) PROVISIONS OF FEDERAL-STATE AGREEMENT.— 

16 (1) IN GENERAL.—Any agreement under this sec17 tion shall provide that the State agency of the State 

18 will make payments of short-time compensation under 

19 a plan approved by the State. Such plan shall pro20 vide that payments are made in accordance with the 

21 requirements under section 3306(v) of the Internal 

22 Revenue Code of 1986. 

23 (2) LIMITATIONS ON PLANS.— 

24 (A) GENERAL PAYMENT LIMITATIONS.—A 

25 short-time compensation plan approved by a 

26 State shall not permit the payment of short-time 
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1 compensation to an individual by the State dur2 ing a benefit year in excess of 26 times the 

3 amount of regular compensation (including de4 pendents’ allowances) under the State law pay5 able to such individual for a week of total unem6 ployment. 

7 (B) EMPLOYER LIMITATIONS.—A short-time 

8 compensation plan approved by a State shall not 

9 provide payments to an individual if such indi10 vidual is employed by the participating em11 ployer on a seasonal, temporary, or intermittent 

12 basis. 

13 (3) EMPLOYER PAYMENT OF COSTS.—Any short14 time compensation plan entered into by an employer 

15 must provide that the employer will pay the State an 

16 amount equal to one-half of the amount of short-time 

17 compensation paid under such plan. Such amount 

18 shall be deposited in the State’s unemployment fund 

19 and shall not be used for purposes of calculating an 

20 employer’s contribution rate under section 3303(a)(1) 

21 of the Internal Revenue Code of 1986. 

22 (c) PAYMENTS TO STATES.— 

23 (1) IN GENERAL.—There shall be paid to each 

24 State with an agreement under this section an 

25 amount equal to— 
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1 (A) one-half of the amount of short-time 

2 compensation paid to individuals by the State 

3 pursuant to such agreement; and 

4 (B) any additional administrative expenses 

5 incurred by the State by reason of such agree6 ment (as determined by the Secretary). 

7 (2) TERMS OF PAYMENTS.—Payments made to a 

8 State under paragraph (1) shall be payable by way 

9 of reimbursement in such amounts as the Secretary 

10 estimates the State will be entitled to receive under 

11 this section for each calendar month, reduced or in12 creased, as the case may be, by any amount by which 

13 the Secretary finds that the Secretary’s estimates for 

14 any prior calendar month were greater or less than 

15 the amounts which should have been paid to the 

16 State. Such estimates may be made on the basis of 

17 such statistical, sampling, or other method as may be 

18 agreed upon by the Secretary and the State agency of 

19 the State involved. 

20 (3) FUNDING.—There are appropriated, out of 

21 moneys in the Treasury not otherwise appropriated, 

22 such sums as may be necessary for purposes of car23 rying out this section. 

24 (4) CERTIFICATIONS.—The Secretary shall from 

25 time to time certify to the Secretary of the Treasury 
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1 for payment to each State the sums payable to such 

2 State under this section. 

3 (d) APPLICABILITY.—An agreement entered into under 

4 this section shall apply to weeks of unemployment— 

5 (1) beginning on or after the date on which such 

6 agreement is entered into; and 

7 (2) ending on or before December 31, 2020. 

8 (e) SPECIAL RULE.—If a State has entered into an 

9 agreement under this section and subsequently enacts a 

10 State law providing for the payment of short-time com11 pensation under a short-time compensation program that 

12 meets the definition of such a program under section 

13 3306(v) of the Internal Revenue Code of 1986, the State— 

14 (1) shall not be eligible for payments under this 

15 section for weeks of unemployment beginning after the 

16 effective date of such State law; and 

17 (2) subject to section 2108(b)(2), shall be eligible 

18 to receive payments under section 2108 after the effec19 tive date of such State law. 

20 (f) DEFINITIONS.—In this section: 

21 (1) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of Labor. 

23 (2) STATE; STATE AGENCY; STATE LAW.—The 

24 terms ‘‘State’’, ‘‘State agency’’, and ‘‘State law’’ have 

25 the meanings given those terms in section 205 of the 
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1 Federal-State Extended Unemployment Compensation 

2 Act of 1970 (26 U.S.C. 3304 note). 

3 SEC. 2110. GRANTS FOR SHORT-TIME COMPENSATION PRO4 GRAMS. 

5 (a) GRANTS.— 

6 (1) FOR IMPLEMENTATION OR IMPROVED ADMIN7 ISTRATION.—The Secretary shall award grants to 

8 States that enact short-time compensation programs 

9 (as defined in subsection (i)(2)) for the purpose of im10 plementation or improved administration of such 

11 programs. 

12 (2) FOR PROMOTION AND ENROLLMENT.—The 

13 Secretary shall award grants to States that are eligi14 ble and submit plans for a grant under paragraph (1) 

15 for such States to promote and enroll employers in 

16 short-time compensation programs (as so defined). 

17 (3) ELIGIBILITY.— 

18 (A) IN GENERAL.—The Secretary shall de19 termine eligibility criteria for the grants under 

20 paragraphs (1) and (2). 

21 (B) CLARIFICATION.—A State admin22 istering a short-time compensation program that 

23 does not meet the definition of a short-time com24 pensation program under section 3306(v) of the 

25 Internal Revenue Code of 1986, and a State with 
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1 an agreement under section 2109, shall not be el2 igible to receive a grant under this section until 

3 such time as the State law of the State provides 

4 for payments under a short-time compensation 

5 program that meets such definition and such 

6 law. 

7 (b) AMOUNT OF GRANTS.— 

8 (1) IN GENERAL.—The maximum amount avail9 able for making grants to a State under paragraphs 

10 (1) and (2) shall be equal to the amount obtained by 

11 multiplying $100,000,000 (less the amount used by 

12 the Secretary under subsection (e)) by the same ratio 

13 as would apply under subsection (a)(2)(B) of section 

14 903 of the Social Security Act (42 U.S.C. 1103) for 

15 purposes of determining such State’s share of any ex16 cess amount (as described in subsection (a)(1) of such 

17 section) that would have been subject to transfer to 

18 State accounts, as of October 1, 2019, under the pro19 visions of subsection (a) of such section. 

20 (2) AMOUNT AVAILABLE FOR DIFFERENT

21 GRANTS.—Of the maximum incentive payment deter22 mined under paragraph (1) with respect to a State— 

23 (A) one-third shall be available for a grant 

24 under subsection (a)(1); and 
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1 (B) two-thirds shall be available for a grant 

2 under subsection (a)(2). 

3 (c) GRANT APPLICATION AND DISBURSAL.— 

4 (1) APPLICATION.—Any State seeking a grant 

5 under paragraph (1) or (2) of subsection (a) shall 

6 submit an application to the Secretary at such time, 

7 in such manner, and complete with such information 

8 as the Secretary may require. In no case may the 

9 Secretary award a grant under this section with re10 spect to an application that is submitted after Decem11 ber 31, 2023. 

12 (2) NOTICE.—The Secretary shall, within 30 

13 days after receiving a complete application, notify the 

14 State agency of the State of the Secretary’s findings 

15 with respect to the requirements for a grant under 

16 paragraph (1) or (2) (or both) of subsection (a). 

17 (3) CERTIFICATION.—If the Secretary finds that 

18 the State law provisions meet the requirements for a 

19 grant under subsection (a), the Secretary shall there20 upon make a certification to that effect to the Sec21 retary of the Treasury, together with a certification as 

22 to the amount of the grant payment to be transferred 

23 to the State account in the Unemployment Trust 

24 Fund (as established in section 904(a) of the Social 

25 Security Act (42 U.S.C. 1104(a))) pursuant to that 
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1 finding. The Secretary of the Treasury shall make the 

2 appropriate transfer to the State account within 7 

3 days after receiving such certification. 

4 (4) REQUIREMENT.—No certification of compli5 ance with the requirements for a grant under para6 graph (1) or (2) of subsection (a) may be made with 

7 respect to any State whose— 

8 (A) State law is not otherwise eligible for 

9 certification under section 303 of the Social Se10 curity Act (42 U.S.C. 503) or approvable under 

11 section 3304 of the Internal Revenue Code of 

12 1986; or 

13 (B) short-time compensation program is 

14 subject to discontinuation or is not scheduled to 

15 take effect within 12 months of the certification. 

16 (d) USE OF FUNDS.—The amount of any grant award17 ed under this section shall be used for the implementation 

18 of short-time compensation programs and the overall ad19 ministration of such programs and the promotion and en20 rollment efforts associated with such programs, such as 

21 through— 

22 (1) the creation or support of rapid response 

23 teams to advise employers about alternatives to lay24 offs; 
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1 (2) the provision of education or assistance to 

2 employers to enable them to assess the feasibility of 

3 participating in short-time compensation programs; 

4 and 

5 (3) the development or enhancement of systems to 

6 automate— 

7 (A) the submission and approval of plans; 

8 and 

9 (B) the filing and approval of new and on10 going short-time compensation claims. 

11 (e) ADMINISTRATION.—The Secretary is authorized to 

12 use 0.25 percent of the funds available under subsection (g) 

13 to provide for outreach and to share best practices with re14 spect to this section and short-time compensation programs. 

15 (f) RECOUPMENT.—The Secretary shall establish a 

16 process under which the Secretary shall recoup the amount 

17 of any grant awarded under paragraph (1) or (2) of sub18 section (a) if the Secretary determines that, during the 5- 

19 year period beginning on the first date that any such grant 

20 is awarded to the State, the State— 

21 (1) terminated the State’s short-time compensa22 tion program; or 

23 (2) failed to meet appropriate requirements with 

24 respect to such program (as established by the Sec25 retary). 
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1 (g) FUNDING.—There are appropriated, out of moneys 

2 in the Treasury not otherwise appropriated, to the Sec3 retary, $100,000,000 to carry out this section, to remain 

4 available without fiscal year limitation. 

5 (h) REPORTING.—The Secretary may establish report6 ing requirements for States receiving a grant under this 

7 section in order to provide oversight of grant funds. 

8 (i) DEFINITIONS.—In this section: 

9 (1) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Labor. 

11 (2) SHORT-TIME COMPENSATION PROGRAM.—The 

12 term ‘‘short-time compensation program’’ has the 

13 meaning given such term in section 3306(v) of the In14 ternal Revenue Code of 1986. 

15 (3) STATE; STATE AGENCY; STATE LAW.—The 

16 terms ‘‘State’’, ‘‘State agency’’, and ‘‘State law’’ have 

17 the meanings given those terms in section 205 of the 

18 Federal-State Extended Unemployment Compensation 

19 Act of 1970 (26 U.S.C. 3304 note). 

20 SEC. 2111. ASSISTANCE AND GUIDANCE IN IMPLEMENTING 

21 PROGRAMS. 

22 (a) IN GENERAL.—In order to assist States in estab23 lishing, qualifying, and implementing short-time com24 pensation programs (as defined in section 3306(v) of the 
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1 Internal Revenue Code of 1986), the Secretary of Labor (in 

2 this section referred to as the ‘‘Secretary’’) shall— 

3 (1) develop model legislative language, or dis4 seminate existing model legislative language, which 

5 may be used by States in developing and enacting 

6 such programs, and periodically review and revise 

7 such model legislative language; 

8 (2) provide technical assistance and guidance in 

9 developing, enacting, and implementing such pro10 grams; and 

11 (3) establish reporting requirements for States, 

12 including reporting on— 

13 (A) the number of estimated averted layoffs; 

14 (B) the number of participating employers 

15 and workers; and 

16 (C) such other items as the Secretary of 

17 Labor determines are appropriate. 

18 (b) MODEL LANGUAGE AND GUIDANCE.—The model 

19 language and guidance developed under subsection (a) shall 

20 allow sufficient flexibility by States and participating em21 ployers while ensuring accountability and program integ22 rity. 

23 (c) CONSULTATION.—In developing the model legisla24 tive language and guidance under subsection (a), and in 

25 order to meet the requirements of subsection (b), the Sec-
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1 retary shall consult with employers, labor organizations, 

2 State workforce agencies, and other program experts. Exist3 ing model legislative language that has been developed 

4 through such a consultative process shall be deemed to meet 

5 the consultation requirement of this subsection. 

6 (d) REPEAL.—Section 4104 of the Emergency Unem7 ployment Stabilization and Access Act of 2020 (contained 

8 in division D of the Families First Coronavirus Response 

9 Act) is repealed. 

10 SEC. 2112. WAIVER OF THE 7-DAY WAITING PERIOD FOR 

11 BENEFITS UNDER THE RAILROAD UNEMPLOY12 MENT INSURANCE ACT. 

13 (a) NO WAITING WEEK.—With respect to any registra14 tion period beginning after the date of enactment of this 

15 Act and ending on or before December 31, 2020, subpara16 graphs (A)(ii) and (B)(ii) of section 2(a)(1) of the Railroad 

17 Unemployment Insurance Act (45 U.S.C. 352(a)(1)) shall 

18 not apply. 

19 (b) OPERATING INSTRUCTIONS AND REGULATIONS.— 

20 The Railroad Retirement Board may prescribe any oper21 ating instructions or regulations necessary to carry out this 

22 section. 

23 (c) FUNDING.—Out of any funds in the Treasury not 

24 otherwise appropriated, there are appropriated $50,000,000 

25 to cover the costs of additional benefits payable due to the 
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1 application of subsection (a). Upon the exhaustion of the 

2 funds appropriated under this subsection, subsection (a) 

3 shall no longer apply with respect to any registration pe4 riod beginning after the date of exhaustion of funds. 

5 (d) DEFINITION OF REGISTRATION PERIOD.—For pur6 poses of this section, the term ‘‘registration period’’ has the 

7 meaning given such term under section 1 of the Railroad 

8 Unemployment Insurance Act (45 U.S.C. 351). 

9 SEC. 2113. ENHANCED BENEFITS UNDER THE RAILROAD 

10 UNEMPLOYMENT INSURANCE ACT. 

11 Section 2(a) of the Railroad Unemployment Insurance 

12 Act (45 U.S.C. § 352(a)) is amended by adding at the end 

13 the following: 

14 ‘‘(5)(A) Notwithstanding paragraph (3), subsection 

15 (c)(1)(B), and any other limitation on total benefits in this 

16 Act, for registration periods beginning on or after April 1, 

17 2020, but on or before July 31, 2020, a recovery benefit 

18 in the amount of $1,200 shall be payable to a qualified em19 ployee with respect to any registration period in which the 

20 employee received unemployment benefits under paragraph 

21 (1)(A), and in any registration period in which the em22 ployee did not receive unemployment benefits due to the 

23 limitation in subsection (c)(1)(B) or due to reaching the 

24 maximum number of days of benefits in the benefit year 

25 beginning July 1, 2019, under subsection (c)(1)(A). No re-
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1 covery benefits shall be payable under this section upon the 

2 exhaustion of the funds appropriated under subparagraph 

3 (B) for payment of benefits under this subparagraph. 

4 ‘‘(B) Out of any funds in the Treasury not otherwise 

5 appropriated, there are appropriated $425,000,000 to cover 

6 the cost of recovery benefits provided under subparagraph 

7 (A), to remain available until expended.’’. 

8 SEC. 2114. EXTENDED UNEMPLOYMENT BENEFITS UNDER 

9 THE RAILROAD UNEMPLOYMENT INSURANCE 

10 ACT. 

11 (a) EXTENSION.—Section 2(c)(2)(D)(iii) of the Rail12 road Unemployment Insurance Act (45 U.S.C. 

13 352(c)(2)(D)(iii) is amended— 

14 (1) by striking ‘‘July 1, 2008’’ and inserting 

15 ‘‘July 1, 2019’’; 

16 (2) by striking ‘‘June 30, 2013’’ and inserting 

17 ‘‘June 30, 2020’’; and 

18 (3) by striking ‘‘December 31, 2013’’ and insert19 ing ‘‘December 31, 2020’’. 

20 (b) CLARIFICATION ON AUTHORITY TO USE FUNDS.— 

21 Funds appropriated under either the first or second sen22 tence of clause (iv) of section 2(c)(2)(D) of the Railroad Un23 employment Insurance Act shall be available to cover the 

24 cost of additional extended unemployment benefits provided 

25 under such section 2(c)(2)(D) by reason of the amendments 
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1 made by subsection (a) as well as to cover the cost of such 

2 benefits provided under such section 2(c)(2)(D) as in effect 

3 on the day before the date of enactment of this Act. 

4 SEC. 2115. FUNDING FOR THE DOL OFFICE OF INSPECTOR 

5 GENERAL FOR OVERSIGHT OF UNEMPLOY6 MENT PROVISIONS. 

7 There are appropriated, out of moneys in the Treasury 

8 not otherwise appropriated, to the Office of the Inspector 

9 General of the Department of Labor, $25,000,000 to carry 

10 out audits, investigations, and other oversight activities au11 thorized under the Inspector General Act of 1978 (5 U.S.C. 

12 App.) that are related to the provisions of, and amendments 

13 made by, this subtitle, to remain available without fiscal 

14 year limitation. 

15 SEC. 2116. IMPLEMENTATION. 

16 (a) NON-APPLICATION OF THE PAPERWORK REDUC17 TION ACT.—Chapter 35 of title 44, United States Code 

18 (commonly referred to as the ‘‘Paperwork Reduction Act of 

19 1995’’), shall not apply to the provisions of, and the amend20 ments made by, this subtitle. 

21 (b) OPERATING INSTRUCTIONS OR OTHER GUID22 ANCE.—Notwithstanding any other provision of law, the 

23 Secretary of Labor may issue any operating instructions 

24 or other guidance necessary to carry out the provisions of, 

25 or the amendments made by, this subtitle. 
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1 Subtitle B—Rebates and Other 

2 Individual Provisions 

3 SEC. 2201. 2020 RECOVERY REBATES FOR INDIVIDUALS. 

4 (a) IN GENERAL.—Subchapter B of chapter 65 of sub5 title F of the Internal Revenue Code of 1986 is amended 

6 by inserting after section 6427 the following new section: 

7 ‘‘SEC. 6428. 2020 RECOVERY REBATES FOR INDIVIDUALS. 

8 ‘‘(a) IN GENERAL.—In the case of an eligible indi9 vidual, there shall be allowed as a credit against the tax 

10 imposed by subtitle A for the first taxable year beginning 

11 in 2020 an amount equal to the sum of— 

12 ‘‘(1) $1,200 ($2,400 in the case of eligible indi13 viduals filing a joint return), plus 

14 ‘‘(2) an amount equal to the product of $500 

15 multiplied by the number of qualifying children 

16 (within the meaning of section 24(c)) of the taxpayer. 

17 ‘‘(b) TREATMENT OF CREDIT.—The credit allowed by 

18 subsection (a) shall be treated as allowed by subpart C of 

19 part IV of subchapter A of chapter 1. 

20 ‘‘(c) LIMITATION BASED ON ADJUSTED GROSS IN21 COME.—The amount of the credit allowed by subsection (a) 

22 (determined without regard to this subsection and sub23 section (e)) shall be reduced (but not below zero) by 5 per24 cent of so much of the taxpayer’s adjusted gross income as 

25 exceeds— 
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1 ‘‘(1) $150,000 in the case of a joint return, 

2 ‘‘(2) $112,500 in the case of a head of household, 

3 and 

4 ‘‘(3) $75,000 in the case of a taxpayer not de5 scribed in paragraph (1) or (2). 

6 ‘‘(d) ELIGIBLE INDIVIDUAL.—For purposes of this sec7 tion, the term ‘eligible individual’ means any individual 

8 other than— 

9 ‘‘(1) any nonresident alien individual, 

10 ‘‘(2) any individual with respect to whom a de11 duction under section 151 is allowable to another tax12 payer for a taxable year beginning in the calendar 

13 year in which the individual’s taxable year begins, 

14 and 

15 ‘‘(3) an estate or trust. 

16 ‘‘(e) COORDINATION WITH ADVANCE REFUNDS OF

17 CREDIT.— 

18 ‘‘(1) IN GENERAL.—The amount of credit which 

19 would (but for this paragraph) be allowable under 

20 this section shall be reduced (but not below zero) by 

21 the aggregate refunds and credits made or allowed to 

22 the taxpayer under subsection (f). Any failure to so 

23 reduce the credit shall be treated as arising out of a 

24 mathematical or clerical error and assessed according 

25 to section 6213(b)(1). 
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1 ‘‘(2) JOINT RETURNS.—In the case of a refund or 

2 credit made or allowed under subsection (f) with re3 spect to a joint return, half of such refund or credit 

4 shall be treated as having been made or allowed to 

5 each individual filing such return. 

6 ‘‘(f) ADVANCE REFUNDS AND CREDITS.— 

7 ‘‘(1) IN GENERAL.—Subject to paragraph (5), 

8 each individual who was an eligible individual for 

9 such individual’s first taxable year beginning in 2019 

10 shall be treated as having made a payment against 

11 the tax imposed by chapter 1 for such taxable year in 

12 an amount equal to the advance refund amount for 

13 such taxable year. 

14 ‘‘(2) ADVANCE REFUND AMOUNT.—For purposes 

15 of paragraph (1), the advance refund amount is the 

16 amount that would have been allowed as a credit 

17 under this section for such taxable year if this section 

18 (other than subsection (e) and this subsection) had 

19 applied to such taxable year. 

20 ‘‘(3) TIMING AND MANNER OF PAYMENTS.— 

21 ‘‘(A) TIMING.—The Secretary shall, subject 

22 to the provisions of this title, refund or credit 

23 any overpayment attributable to this section as 

24 rapidly as possible. No refund or credit shall be 
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1 made or allowed under this subsection after De2 cember 31, 2020. 

3 ‘‘(B) DELIVERY OF PAYMENTS.—Notwith4 standing any other provision of law, the Sec5 retary may certify and disburse refunds payable 

6 under this subsection electronically to any ac7 count to which the payee authorized, on or after 

8 January 1, 2018, the delivery of a refund of 

9 taxes under this title or of a Federal payment 

10 (as defined in section 3332 of title 31, United 

11 States Code). 

12 ‘‘(C) WAIVER OF CERTAIN RULES.—Not13 withstanding section 3325 of title 31, United 

14 States Code, or any other provision of law, with 

15 respect to any payment of a refund under this 

16 subsection, a disbursing official in the executive 

17 branch of the United States Government may 

18 modify payment information received from an 

19 officer or employee described in section 

20 3325(a)(1)(B) of such title for the purpose of fa21 cilitating the accurate and efficient delivery of 

22 such payment. Except in cases of fraud or reck23 less neglect, no liability under sections 3325, 

24 3527, 3528, or 3529 of title 31, United States 
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1 Code, shall be imposed with respect to payments 

2 made under this subparagraph. 

3 ‘‘(4) NO INTEREST.—No interest shall be allowed 

4 on any overpayment attributable to this section. 

5 ‘‘(5) ALTERNATE TAXABLE YEAR.—In the case of 

6 an individual who, at the time of any determination 

7 made pursuant to paragraph (3), has not filed a tax 

8 return for the year described in paragraph (1), the 

9 Secretary may— 

10 ‘‘(A) apply such paragraph by substituting 

11 ‘2018’ for ‘2019’, and 

12 ‘‘(B) if the individual has not filed a tax re13 turn for such individual’s first taxable year be14 ginning in 2018, use information with respect to 

15 such individual for calendar year 2019 provided 

16 in— 

17 ‘‘(i) Form SSA–1099, Social Security 

18 Benefit Statement, or 

19 ‘‘(ii) Form RRB–1099, Social Security 

20 Equivalent Benefit Statement. 

21 ‘‘(6) NOTICE TO TAXPAYER.—Not later than 15 

22 days after the date on which the Secretary distributed 

23 any payment to an eligible taxpayer pursuant to this 

24 subsection, notice shall be sent by mail to such tax25 payer’s last known address. Such notice shall indicate 
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1 the method by which such payment was made, the 

2 amount of such payment, and a phone number for the 

3 appropriate point of contact at the Internal Revenue 

4 Service to report any failure to receive such payment. 

5 ‘‘(g) IDENTIFICATION NUMBER REQUIREMENT.— 

6 ‘‘(1) IN GENERAL.—No credit shall be allowed 

7 under subsection (a) to an eligible individual who 

8 does not include on the return of tax for the taxable 

9 year— 

10 ‘‘(A) such individual’s valid identification 

11 number, 

12 ‘‘(B) in the case of a joint return, the valid 

13 identification number of such individual’s 

14 spouse, and 

15 ‘‘(C) in the case of any qualifying child 

16 taken into account under subsection (a)(2), the 

17 valid identification number of such qualifying 

18 child. 

19 ‘‘(2) VALID IDENTIFICATION NUMBER.— 

20 ‘‘(A) IN GENERAL.—For purposes of para21 graph (1), the term ‘valid identification number’ 

22 means a social security number (as such term is 

23 defined in section 24(h)(7)). 

24 ‘‘(B) ADOPTION TAXPAYER IDENTIFICATION

25 NUMBER.—For purposes of paragraph (1)(C), in 
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1 the case of a qualifying child who is adopted or 

2 placed for adoption, the term ‘valid identifica3 tion number’ shall include the adoption taxpayer 

4 identification number of such child. 

5 ‘‘(3) SPECIAL RULE FOR MEMBERS OF THE

6 ARMED FORCES.—Paragraph (1)(B) shall not apply 

7 in the case where at least 1 spouse was a member of 

8 the Armed Forces of the United States at any time 

9 during the taxable year and at least 1 spouse satisfies 

10 paragraph (1)(A). 

11 ‘‘(4) MATHEMATICAL OR CLERICAL ERROR AU12 THORITY.—Any omission of a correct valid identifica13 tion number required under this subsection shall be 

14 treated as a mathematical or clerical error for pur15 poses of applying section 6213(g)(2) to such omission. 

16 ‘‘(h) REGULATIONS.—The Secretary shall prescribe 

17 such regulations or other guidance as may be necessary to 

18 carry out the purposes of this section, including any such 

19 measures as are deemed appropriate to avoid allowing mul20 tiple credits or rebates to a taxpayer.’’. 

21 (b) ADMINISTRATIVE AMENDMENTS.— 

22 (1) DEFINITION OF DEFICIENCY.—Section 

23 6211(b)(4)(A) of the Internal Revenue Code of 1986 

24 is amended by striking ‘‘and 36B, 168(k)(4)’’ and in25 serting ‘‘36B, and 6428’’. 
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1 (2) MATHEMATICAL OR CLERICAL ERROR AU2 THORITY.—Section 6213(g)(2)(L) of such Code is 

3 amended by striking ‘‘or 32’’ and inserting ‘‘32, or 

4 6428’’. 

5 (c) TREATMENT OF POSSESSIONS.— 

6 (1) PAYMENTS TO POSSESSIONS.— 

7 (A) MIRROR CODE POSSESSION.—The Sec8 retary of the Treasury shall pay to each posses9 sion of the United States which has a mirror 

10 code tax system amounts equal to the loss (if 

11 any) to that possession by reason of the amend12 ments made by this section. Such amounts shall 

13 be determined by the Secretary of the Treasury 

14 based on information provided by the govern15 ment of the respective possession. 

16 (B) OTHER POSSESSIONS.—The Secretary 

17 of the Treasury shall pay to each possession of 

18 the United States which does not have a mirror 

19 code tax system amounts estimated by the Sec20 retary of the Treasury as being equal to the ag21 gregate benefits (if any) that would have been 

22 provided to residents of such possession by reason 

23 of the amendments made by this section if a mir24 ror code tax system had been in effect in such 

25 possession. The preceding sentence shall not 
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1 apply unless the respective possession has a plan, 

2 which has been approved by the Secretary of the 

3 Treasury, under which such possession will 

4 promptly distribute such payments to its resi5 dents. 

6 (2) COORDINATION WITH CREDIT ALLOWED

7 AGAINST UNITED STATES INCOME TAXES.—No credit 

8 shall be allowed against United States income taxes 

9 under section 6428 of the Internal Revenue Code of 

10 1986 (as added by this section) to any person— 

11 (A) to whom a credit is allowed against 

12 taxes imposed by the possession by reason of the 

13 amendments made by this section, or 

14 (B) who is eligible for a payment under a 

15 plan described in paragraph (1)(B). 

16 (3) DEFINITIONS AND SPECIAL RULES.— 

17 (A) POSSESSION OF THE UNITED STATES.— 

18 For purposes of this subsection, the term ‘‘posses19 sion of the United States’’ includes the Common20 wealth of Puerto Rico and the Commonwealth of 

21 the Northern Mariana Islands. 

22 (B) MIRROR CODE TAX SYSTEM.—For pur23 poses of this subsection, the term ‘‘mirror code 

24 tax system’’ means, with respect to any posses25 sion of the United States, the income tax system 
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1 of such possession if the income tax liability of 

2 the residents of such possession under such sys3 tem is determined by reference to the income tax 

4 laws of the United States as if such possession 

5 were the United States. 

6 (C) TREATMENT OF PAYMENTS.—For pur7 poses of section 1324 of title 31, United States 

8 Code, the payments under this subsection shall be 

9 treated in the same manner as a refund due 

10 from a credit provision referred to in subsection 

11 (b)(2) of such section. 

12 (d) EXCEPTION FROM REDUCTION OR OFFSET.—Any 

13 credit or refund allowed or made to any individual by rea14 son of section 6428 of the Internal Revenue Code of 1986 

15 (as added by this section) or by reason of subsection (c) 

16 of this section shall not be— 

17 (1) subject to reduction or offset pursuant to sec18 tion 3716 or 3720A of title 31, United States Code, 

19 (2) subject to reduction or offset pursuant to sub20 section (d), (e), or (f) of section 6402 of the Internal 

21 Revenue Code of 1986, or 

22 (3) reduced or offset by other assessed Federal 

23 taxes that would otherwise be subject to levy or collec24 tion. 
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1 (e) PUBLIC AWARENESS CAMPAIGN.—The Secretary of 

2 the Treasury (or the Secretary’s delegate) shall conduct a 

3 public awareness campaign, in coordination with the Com4 missioner of Social Security and the heads of other relevant 

5 Federal agencies, to provide information regarding the 

6 availability of the credit and rebate allowed under section 

7 6428 of the Internal Revenue Code of 1986 (as added by 

8 this section), including information with respect to individ9 uals who may not have filed a tax return for taxable year 

10 2018 or 2019. 

11 (f) APPROPRIATIONS TO CARRY OUT REBATES.— 

12 (1) IN GENERAL.—Immediately upon the enact13 ment of this Act, the following sums are appropriated, 

14 out of any money in the Treasury not otherwise ap15 propriated, for the fiscal year ending September 30, 

16 2020: 

17 (A) DEPARTMENT OF THE TREASURY.— 

18 (i) For an additional amount for ‘‘De19 partment of the Treasury—Bureau of the 

20 Fiscal Service—Salaries and Expenses’’, 

21 $78,650,000, to remain available until Sep22 tember 30, 2021. 

23 (ii) For an additional amount for 

24 ‘‘Department of the Treasury—Internal 

25 Revenue Service—Taxpayer Services’’, 
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1 $293,500,000, to remain available until 

2 September 30, 2021. 

3 (iii) For an additional amount for 

4 ‘‘Department of the Treasury—Internal 

5 Revenue Service—Operations Support’’, 

6 $170,000,000, to remain available until 

7 September 30, 2021. 

8 (iv) For an additional amount for 

9 ‘‘Department of Treasury—Internal Rev10 enue Service—Enforcement’’, $37,200,000, 

11 to remain available until September 30, 

12 2021. 

13 Amounts made available in appropriations 

14 under clauses (ii), (iii), and (iv) of this subpara15 graph may be transferred between such appro16 priations upon the advance notification of the 

17 Committees on Appropriations of the House of 

18 Representatives and the Senate. Such transfer 

19 authority is in addition to any other transfer 

20 authority provided by law. 

21 (B) SOCIAL SECURITY ADMINISTRATION.— 

22 For an additional amount for ‘‘Social Security 

23 Administration—Limitation on Administrative 

24 Expenses’’, $38,000,000, to remain available 

25 until September 30, 2021. 
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1 (2) REPORTS.—No later than 15 days after en2 actment of this Act, the Secretary of the Treasury 

3 shall submit a plan to the Committees on Appropria4 tions of the House of Representatives and the Senate 

5 detailing the expected use of the funds provided by 

6 paragraph (1)(A). Beginning 90 days after enactment 

7 of this Act, the Secretary of the Treasury shall submit 

8 a quarterly report to the Committees on Appropria9 tions of the House of Representatives and the Senate 

10 detailing the actual expenditure of funds provided by 

11 paragraph (1)(A) and the expected expenditure of 

12 such funds in the subsequent quarter. 

13 (g) CONFORMING AMENDMENTS.— 

14 (1) Paragraph (2) of section 1324(b) of title 31, 

15 United States Code, is amended by inserting ‘‘6428,’’ 

16 after ‘‘54B(h),’’. 

17 (2) The table of sections for subchapter B of 

18 chapter 65 of subtitle F of the Internal Revenue Code 

19 of 1986 is amended by inserting after the item relat20 ing to section 6427 the following: 

‘‘Sec. 6428. 2020 Recovery Rebates for individuals.’’. 

21 SEC. 2202. SPECIAL RULES FOR USE OF RETIREMENT 

22 FUNDS. 

23 (a) TAX-FAVORED WITHDRAWALS FROM RETIREMENT

24 PLANS.— 
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1 (1) IN GENERAL.—Section 72(t) of the Internal 

2 Revenue Code of 1986 shall not apply to any 

3 coronavirus-related distribution. 

4 (2) AGGREGATE DOLLAR LIMITATION.— 

5 (A) IN GENERAL.—For purposes of this sub6 section, the aggregate amount of distributions re7 ceived by an individual which may be treated as 

8 coronavirus-related distributions for any taxable 

9 year shall not exceed $100,000. 

10 (B) TREATMENT OF PLAN DISTRIBU11 TIONS.—If a distribution to an individual would 

12 (without regard to subparagraph (A)) be a 

13 coronavirus-related distribution, a plan shall not 

14 be treated as violating any requirement of the 

15 Internal Revenue Code of 1986 merely because 

16 the plan treats such distribution as a 

17 coronavirus-related distribution, unless the ag18 gregate amount of such distributions from all 

19 plans maintained by the employer (and any 

20 member of any controlled group which includes 

21 the employer) to such individual exceeds 

22 $100,000. 

23 (C) CONTROLLED GROUP.—For purposes of 

24 subparagraph (B), the term ‘‘controlled group’’ 

25 means any group treated as a single employer 
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1 under subsection (b), (c), (m), or (o) of section 

2 414 of the Internal Revenue Code of 1986. 

3 (3) AMOUNT DISTRIBUTED MAY BE REPAID.— 

4 (A) IN GENERAL.—Any individual who re5 ceives a coronavirus-related distribution may, at 

6 any time during the 3-year period beginning on 

7 the day after the date on which such distribution 

8 was received, make 1 or more contributions in 

9 an aggregate amount not to exceed the amount 

10 of such distribution to an eligible retirement 

11 plan of which such individual is a beneficiary 

12 and to which a rollover contribution of such dis13 tribution could be made under section 402(c), 

14 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), of 

15 the Internal Revenue Code of 1986, as the case 

16 may be. 

17 (B) TREATMENT OF REPAYMENTS OF DIS18 TRIBUTIONS FROM ELIGIBLE RETIREMENT PLANS

19 OTHER THAN IRAS.—For purposes of the Inter20 nal Revenue Code of 1986, if a contribution is 

21 made pursuant to subparagraph (A) with respect 

22 to a coronavirus-related distribution from an eli23 gible retirement plan other than an individual 

24 retirement plan, then the taxpayer shall, to the 

25 extent of the amount of the contribution, be 
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1 treated as having received the coronavirus-re2 lated distribution in an eligible rollover distribu3 tion (as defined in section 402(c)(4) of such 

4 Code) and as having transferred the amount to 

5 the eligible retirement plan in a direct trustee to 

6 trustee transfer within 60 days of the distribu7 tion. 

8 (C) TREATMENT OF REPAYMENTS OF DIS9 TRIBUTIONS FROM IRAS.—For purposes of the 

10 Internal Revenue Code of 1986, if a contribution 

11 is made pursuant to subparagraph (A) with re12 spect to a coronavirus-related distribution from 

13 an individual retirement plan (as defined by sec14 tion 7701(a)(37) of such Code), then, to the ex15 tent of the amount of the contribution, the 

16 coronavirus-related distribution shall be treated 

17 as a distribution described in section 408(d)(3) 

18 of such Code and as having been transferred to 

19 the eligible retirement plan in a direct trustee to 

20 trustee transfer within 60 days of the distribu21 tion. 

22 (4) DEFINITIONS.—For purposes of this sub23 section— 

24 (A) CORONAVIRUS-RELATED DISTRIBU25 TION.—Except as provided in paragraph (2), the 
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1 term ‘‘coronavirus-related distribution’’ means 

2 any distribution from an eligible retirement plan 

3 made— 

4 (i) on or after January 1, 2020, and 

5 before December 31, 2020, 

6 (ii) to an individual— 

7 (I) who is diagnosed with the 

8 virus SARS–CoV–2 or with 

9 coronavirus disease 2019 (COVID–19) 

10 by a test approved by the Centers for 

11 Disease Control and Prevention, 

12 (II) whose spouse or dependent (as 

13 defined in section 152 of the Internal 

14 Revenue Code of 1986) is diagnosed 

15 with such virus or disease by such a 

16 test, or 

17 (III) who experiences adverse fi18 nancial consequences as a result of 

19 being quarantined, being furloughed or 

20 laid off or having work hours reduced 

21 due to such virus or disease, being un22 able to work due to lack of child care 

23 due to such virus or disease, closing or 

24 reducing hours of a business owned or 

25 operated by the individual due to such 
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1 virus or disease, or other factors as de2 termined by the Secretary of the Treas3 ury (or the Secretary’s delegate). 

4 (B) EMPLOYEE CERTIFICATION.—The ad5 ministrator of an eligible retirement plan may 

6 rely on an employee’s certification that the em7 ployee satisfies the conditions of subparagraph 

8 (A)(ii) in determining whether any distribution 

9 is a coronavirus-related distribution. 

10 (C) ELIGIBLE RETIREMENT PLAN.—The 

11 term ‘‘eligible retirement plan’’ has the meaning 

12 given such term by section 402(c)(8)(B) of the 

13 Internal Revenue Code of 1986. 

14 (5) INCOME INCLUSION SPREAD OVER 3-YEAR PE15 RIOD.— 

16 (A) IN GENERAL.—In the case of any 

17 coronavirus-related distribution, unless the tax18 payer elects not to have this paragraph apply for 

19 any taxable year, any amount required to be in20 cluded in gross income for such taxable year 

21 shall be so included ratably over the 3-taxable22 year period beginning with such taxable year. 

23 (B) SPECIAL RULE.—For purposes of sub24 paragraph (A), rules similar to the rules of sub-
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1 paragraph (E) of section 408A(d)(3) of the Inter2 nal Revenue Code of 1986 shall apply. 

3 (6) SPECIAL RULES.— 

4 (A) EXEMPTION OF DISTRIBUTIONS FROM

5 TRUSTEE TO TRUSTEE TRANSFER AND WITH6 HOLDING RULES.—For purposes of sections 

7 401(a)(31), 402(f), and 3405 of the Internal Rev8 enue Code of 1986, coronavirus-related distribu9 tions shall not be treated as eligible rollover dis10 tributions. 

11 (B) CORONAVIRUS-RELATED DISTRIBUTIONS

12 TREATED AS MEETING PLAN DISTRIBUTION RE13 QUIREMENTS.—For purposes of the Internal Rev14 enue Code of 1986, a coronavirus-related dis15 tribution shall be treated as meeting the require16 ments of sections 401(k)(2)(B)(i), 

17 403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A) of 

18 such Code and section 8433(h)(1) of title 5, 

19 United States Code. 

20 (b) LOANS FROM QUALIFIED PLANS.— 

21 (1) INCREASE IN LIMIT ON LOANS NOT TREATED

22 AS DISTRIBUTIONS.—In the case of any loan from a 

23 qualified employer plan (as defined under section 

24 72(p)(4) of the Internal Revenue Code of 1986) to a 
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1 qualified individual made during the 180-day period 

2 beginning on the date of the enactment of this Act— 

3 (A) clause (i) of section 72(p)(2)(A) of such 

4 Code shall be applied by substituting ‘‘$100,000’’ 

5 for ‘‘$50,000’’, and 

6 (B) clause (ii) of such section shall be ap7 plied by substituting ‘‘the present value of the 

8 nonforfeitable accrued benefit of the employee 

9 under the plan’’ for ‘‘one-half of the present 

10 value of the nonforfeitable accrued benefit of the 

11 employee under the plan’’. 

12 (2) DELAY OF REPAYMENT.—In the case of a 

13 qualified individual with an outstanding loan (on or 

14 after the date of the enactment of this Act) from a 

15 qualified employer plan (as defined in section 

16 72(p)(4) of the Internal Revenue Code of 1986)— 

17 (A) if the due date pursuant to subpara18 graph (B) or (C) of section 72(p)(2) of such Code 

19 for any repayment with respect to such loan oc20 curs during the period beginning on the date of 

21 the enactment of this Act and ending on Decem22 ber 31, 2020, such due date shall be delayed for 

23 1 year, 

24 (B) any subsequent repayments with respect 

25 to any such loan shall be appropriately adjusted 
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1 to reflect the delay in the due date under sub2 paragraph (A) and any interest accruing during 

3 such delay, and 

4 (C) in determining the 5-year period and 

5 the term of a loan under subparagraph (B) or 

6 (C) of section 72(p)(2) of such Code, the period 

7 described in subparagraph (A) of this paragraph 

8 shall be disregarded. 

9 (3) QUALIFIED INDIVIDUAL.—For purposes of 

10 this subsection, the term ‘‘qualified individual’’ means 

11 any individual who is described in subsection 

12 (a)(4)(A)(ii). 

13 (c) PROVISIONS RELATING TO PLAN AMENDMENTS.— 

14 (1) IN GENERAL.—If this subsection applies to 

15 any amendment to any plan or annuity contract— 

16 (A) such plan or contract shall be treated as 

17 being operated in accordance with the terms of 

18 the plan during the period described in para19 graph (2)(B)(i), and 

20 (B) except as provided by the Secretary of 

21 the Treasury (or the Secretary’s delegate), such 

22 plan or contract shall not fail to meet the re23 quirements of section 411(d)(6) of the Internal 

24 Revenue Code of 1986 and section 204(g) of the 
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1 Employee Retirement Income Security Act of 

2 1974 by reason of such amendment. 

3 (2) AMENDMENTS TO WHICH SUBSECTION AP4 PLIES.— 

5 (A) IN GENERAL.—This subsection shall 

6 apply to any amendment to any plan or annu7 ity contract which is made— 

8 (i) pursuant to any provision of this 

9 section, or pursuant to any regulation 

10 issued by the Secretary of the Treasury or 

11 the Secretary of Labor (or the delegate of ei12 ther such Secretary) under any provision of 

13 this section, and 

14 (ii) on or before the last day of the first 

15 plan year beginning on or after January 1, 

16 2022, or such later date as the Secretary of 

17 the Treasury (or the Secretary’s delegate) 

18 may prescribe. 

19 In the case of a governmental plan (as defined 

20 in section 414(d) of the Internal Revenue Code 

21 of 1986), clause (ii) shall be applied by sub22 stituting the date which is 2 years after the date 

23 otherwise applied under clause (ii). 

24 (B) CONDITIONS.—This subsection shall not 

25 apply to any amendment unless— 
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1 (i) during the period— 

2 (I) beginning on the date that this 

3 section or the regulation described in 

4 subparagraph (A)(i) takes effect (or in 

5 the case of a plan or contract amend6 ment not required by this section or 

7 such regulation, the effective date speci8 fied by the plan), and 

9 (II) ending on the date described 

10 in subparagraph (A)(ii) (or, if earlier, 

11 the date the plan or contract amend12 ment is adopted), 

13 the plan or contract is operated as if such 

14 plan or contract amendment were in effect, 

15 and 

16 (ii) such plan or contract amendment 

17 applies retroactively for such period. 

18 SEC. 2203. TEMPORARY WAIVER OF REQUIRED MINIMUM 

19 DISTRIBUTION RULES FOR CERTAIN RETIRE20 MENT PLANS AND ACCOUNTS. 

21 (a) IN GENERAL.—Section 401(a)(9) of the Internal 

22 Revenue Code of 1986 is amended by adding at the end 

23 the following new subparagraph: 

24 ‘‘(I) TEMPORARY WAIVER OF MINIMUM RE25 QUIRED DISTRIBUTION.— 
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1 ‘‘(i) IN GENERAL.—The requirements 

2 of this paragraph shall not apply for cal3 endar year 2020 to— 

4 ‘‘(I) a defined contribution plan 

5 which is described in this subsection or 

6 in section 403(a) or 403(b), 

7 ‘‘(II) a defined contribution plan 

8 which is an eligible deferred compensa9 tion plan described in section 457(b) 

10 but only if such plan is maintained by 

11 an employer described in section 

12 457(e)(1)(A), or 

13 ‘‘(III) an individual retirement 

14 plan. 

15 ‘‘(ii) SPECIAL RULE FOR REQUIRED

16 BEGINNING DATES IN 2020.—Clause (i) shall 

17 apply to any distribution which is required 

18 to be made in calendar year 2020 by reason 

19 of— 

20 ‘‘(I) a required beginning date oc21 curring in such calendar year, and 

22 ‘‘(II) such distribution not having 

23 been made before January 1, 2020. 
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1 ‘‘(iii) SPECIAL RULES REGARDING

2 WAIVER PERIOD.—For purposes of this 

3 paragraph— 

4 ‘‘(I) the required beginning date 

5 with respect to any individual shall be 

6 determined without regard to this sub7 paragraph for purposes of applying 

8 this paragraph for calendar years after 

9 2020, and 

10 ‘‘(II) if clause (ii) of subpara11 graph (B) applies, the 5-year period 

12 described in such clause shall be deter13 mined without regard to calendar year 

14 2020.’’. 

15 (b) ELIGIBLE ROLLOVER DISTRIBUTIONS.—Section 

16 402(c)(4) of the Internal Revenue Code of 1986 is amended 

17 by striking ‘‘2009’’ each place it appears in the last sentence 

18 and inserting ‘‘2020’’. 

19 (c) EFFECTIVE DATES.— 

20 (1) IN GENERAL.—The amendments made by 

21 this section shall apply for calendar years beginning 

22 after December 31, 2019. 

23 (2) PROVISIONS RELATING TO PLAN OR CON24 TRACT AMENDMENTS.— 
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1 (A) IN GENERAL.—If this paragraph ap2 plies to any plan or contract amendment— 

3 (i) such plan or contract shall not fail 

4 to be treated as being operated in accord5 ance with the terms of the plan during the 

6 period described in subparagraph (B)(ii) 

7 solely because the plan operates in accord8 ance with this section, and 

9 (ii) except as provided by the Secretary 

10 of the Treasury (or the Secretary’s delegate), 

11 such plan or contract shall not fail to meet 

12 the requirements of section 411(d)(6) of the 

13 Internal Revenue Code of 1986 and section 

14 204(g) of the Employee Retirement Income 

15 Security Act of 1974 by reason of such 

16 amendment. 

17 (B) AMENDMENTS TO WHICH PARAGRAPH

18 APPLIES.— 

19 (i) IN GENERAL.—This paragraph 

20 shall apply to any amendment to any plan 

21 or annuity contract which— 

22 (I) is made pursuant to the 

23 amendments made by this section, and 
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1 (II) is made on or before the last 

2 day of the first plan year beginning on 

3 or after January 1, 2022. 

4 In the case of a governmental plan, sub5 clause (II) shall be applied by substituting 

6 ‘‘2024’’ for ‘‘2022’’. 

7 (ii) CONDITIONS.—This paragraph 

8 shall not apply to any amendment unless 

9 during the period beginning on the effective 

10 date of the amendment and ending on De11 cember 31, 2020, the plan or contract is op12 erated as if such plan or contract amend13 ment were in effect. 

14 SEC. 2204. ALLOWANCE OF PARTIAL ABOVE THE LINE DE15 DUCTION FOR CHARITABLE CONTRIBUTIONS. 

16 (a) IN GENERAL.—Section 62(a) of the Internal Rev17 enue Code of 1986 is amended by inserting after paragraph 

18 (21) the following new paragraph: 

19 ‘‘(22) CHARITABLE CONTRIBUTIONS.—In the case 

20 of taxable years beginning in 2020, the amount (not 

21 to exceed $300) of qualified charitable contributions 

22 made by an eligible individual during the taxable 

23 year.’’. 

24 (b) DEFINITIONS.—Section 62 of such Code is amended 

25 by adding at the end the following new subsection: 
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1 ‘‘(f) DEFINITIONS RELATING TO QUALIFIED CHARI2 TABLE CONTRIBUTIONS.—For purposes of subsection 

3 (a)(22)— 

4 ‘‘(1) ELIGIBLE INDIVIDUAL.—The term ‘eligible 

5 individual’ means any individual who does not elect 

6 to itemize deductions. 

7 ‘‘(2) QUALIFIED CHARITABLE CONTRIBUTIONS.— 

8 The term ‘qualified charitable contribution’ means a 

9 charitable contribution (as defined in section 

10 170(c))— 

11 ‘‘(A) which is made in cash, 

12 ‘‘(B) for which a deduction is allowable 

13 under section 170 (determined without regard to 

14 subsection (b) thereof), and 

15 ‘‘(C) which is— 

16 ‘‘(i) made to an organization described 

17 in section 170(b)(1)(A), and 

18 ‘‘(ii) not— 

19 ‘‘(I) to an organization described 

20 in section 509(a)(3), or 

21 ‘‘(II) for the establishment of a 

22 new, or maintenance of an existing, 

23 donor advised fund (as defined in sec24 tion 4966(d)(2)). 
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1 Such term shall not include any amount 

2 which is treated as a charitable contribu3 tion made in such taxable year by reason of 

4 subsection (b)(1)(G)(ii) or (d)(1) of section 

5 170.’’. 

6 (c) EFFECTIVE DATE.—The amendments made by this 

7 section shall apply to taxable years beginning after Decem8 ber 31, 2019. 

9 SEC. 2205. MODIFICATION OF LIMITATIONS ON CHARI10 TABLE CONTRIBUTIONS DURING 2020. 

11 (a) TEMPORARY SUSPENSION OF LIMITATIONS ON

12 CERTAIN CASH CONTRIBUTIONS.— 

13 (1) IN GENERAL.—Except as otherwise provided 

14 in paragraph (2), qualified contributions shall be dis15 regarded in applying subsections (b) and (d) of sec16 tion 170 of the Internal Revenue Code of 1986. 

17 (2) TREATMENT OF EXCESS CONTRIBUTIONS.— 

18 For purposes of section 170 of the Internal Revenue 

19 Code of 1986— 

20 (A) INDIVIDUALS.—In the case of an indi21 vidual— 

22 (i) LIMITATION.—Any qualified con23 tribution shall be allowed as a deduction 

24 only to the extent that the aggregate of such 

25 contributions does not exceed the excess of 
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1 the taxpayer’s contribution base (as defined 

2 in subparagraph (H) of section 170(b)(1) of 

3 such Code) over the amount of all other 

4 charitable contributions allowed under sec5 tion 170(b)(1) of such Code. 

6 (ii) CARRYOVER.—If the aggregate 

7 amount of qualified contributions made in 

8 the contribution year (within the meaning 

9 of section 170(d)(1) of such Code) exceeds 

10 the limitation of clause (i), such excess shall 

11 be added to the excess described in section 

12 170(b)(1)(G)(ii). 

13 (B) CORPORATIONS.—In the case of a cor14 poration— 

15 (i) LIMITATION.—Any qualified con16 tribution shall be allowed as a deduction 

17 only to the extent that the aggregate of such 

18 contributions does not exceed the excess of 

19 25 percent of the taxpayer’s taxable income 

20 (as determined under paragraph (2) of sec21 tion 170(b) of such Code) over the amount 

22 of all other charitable contributions allowed 

23 under such paragraph. 

24 (ii) CARRYOVER.—If the aggregate 

25 amount of qualified contributions made in 
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1 the contribution year (within the meaning 

2 of section 170(d)(2) of such Code) exceeds 

3 the limitation of clause (i), such excess shall 

4 be appropriately taken into account under 

5 section 170(d)(2) subject to the limitations 

6 thereof. 

7 (3) QUALIFIED CONTRIBUTIONS.— 

8 (A) IN GENERAL.—For purposes of this sub9 section, the term ‘‘qualified contribution’’ means 

10 any charitable contribution (as defined in sec11 tion 170(c) of the Internal Revenue Code of 

12 1986) if— 

13 (i) such contribution is paid in cash 

14 during calendar year 2020 to an organiza15 tion described in section 170(b)(1)(A) of 

16 such Code, and 

17 (ii) the taxpayer has elected the appli18 cation of this section with respect to such 

19 contribution. 

20 (B) EXCEPTION.—Such term shall not in21 clude a contribution by a donor if the contribu22 tion is— 

23 (i) to an organization described in sec24 tion 509(a)(3) of the Internal Revenue Code 

25 of 1986, or 
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1 (ii) for the establishment of a new, or 

2 maintenance of an existing, donor advised 

3 fund (as defined in section 4966(d)(2) of 

4 such Code). 

5 (C) APPLICATION OF ELECTION TO PART6 NERSHIPS AND S CORPORATIONS.—In the case of 

7 a partnership or S corporation, the election 

8 under subparagraph (A)(ii) shall be made sepa9 rately by each partner or shareholder. 

10 (b) INCREASE IN LIMITS ON CONTRIBUTIONS OF FOOD

11 INVENTORY.—In the case of any charitable contribution of 

12 food during 2020 to which section 170(e)(3)(C) of the Inter13 nal Revenue Code of 1986 applies, subclauses (I) and (II) 

14 of clause (ii) thereof shall each be applied by substituting 

15 ‘‘25 percent’’ for ‘‘15 percent.’’ 

16 (c) EFFECTIVE DATE.—This section shall apply to tax17 able years ending after December 31, 2019. 

18 SEC. 2206. EXCLUSION FOR CERTAIN EMPLOYER PAYMENTS 

19 OF STUDENT LOANS. 

20 (a) IN GENERAL.—Paragraph (1) of section 127(c) of 

21 the Internal Revenue Code of 1986 is amended by striking 

22 ‘‘and’’ at the end of subparagraph (A), by redesignating 

23 subparagraph (B) as subparagraph (C), and by inserting 

24 after subparagraph (A) the following new subparagraph: 
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1 ‘‘(B) in the case of payments made before 

2 January 1, 2021, the payment by an employer, 

3 whether paid to the employee or to a lender, of 

4 principal or interest on any qualified education 

5 loan (as defined in section 221(d)(1)) incurred 

6 by the employee for education of the employee, 

7 and’’. 

8 (b) CONFORMING AMENDMENT; DENIAL OF DOUBLE

9 BENEFIT.—The first sentence of paragraph (1) of section 

10 221(e) of the Internal Revenue Code of 1986 is amended 

11 by inserting before the period the following: ‘‘, or for which 

12 an exclusion is allowable under section 127 to the taxpayer 

13 by reason of the payment by the taxpayer’s employer of any 

14 indebtedness on a qualified education loan of the taxpayer’’. 

15 (c) EFFECTIVE DATE.—The amendments made by this 

16 section shall apply to payments made after the date of the 

17 enactment of this Act. 

18 Subtitle C—Business Provisions 

19 SEC. 2301. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS 

20 SUBJECT TO CLOSURE DUE TO COVID–19. 

21 (a) IN GENERAL.—In the case of an eligible employer, 

22 there shall be allowed as a credit against applicable employ23 ment taxes for each calendar quarter an amount equal to 

24 50 percent of the qualified wages with respect to each em25 ployee of such employer for such calendar quarter. 
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1 (b) LIMITATIONS AND REFUNDABILITY.— 

2 (1) WAGES TAKEN INTO ACCOUNT.—The amount 

3 of qualified wages with respect to any employee which 

4 may be taken into account under subsection (a) by the 

5 eligible employer for all calendar quarters shall not 

6 exceed $10,000. 

7 (2) CREDIT LIMITED TO EMPLOYMENT TAXES.— 

8 The credit allowed by subsection (a) with respect to 

9 any calendar quarter shall not exceed the applicable 

10 employment taxes (reduced by any credits allowed 

11 under subsections (e) and (f) of section 3111 of the In12 ternal Revenue Code of 1986 and sections 7001 and 

13 7003 of the Families First Coronavirus Response Act) 

14 on the wages paid with respect to the employment of 

15 all the employees of the eligible employer for such cal16 endar quarter. 

17 (3) REFUNDABILITY OF EXCESS CREDIT.— 

18 (A) IN GENERAL.—If the amount of the 

19 credit under subsection (a) exceeds the limitation 

20 of paragraph (2) for any calendar quarter, such 

21 excess shall be treated as an overpayment that 

22 shall be refunded under sections 6402(a) and 

23 6413(b) of the Internal Revenue Code of 1986. 

24 (B) TREATMENT OF PAYMENTS.—For pur25 poses of section 1324 of title 31, United States 
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1 Code, any amounts due to the employer under 

2 this paragraph shall be treated in the same man3 ner as a refund due from a credit provision re4 ferred to in subsection (b)(2) of such section. 

5 (c) DEFINITIONS.—For purposes of this section— 

6 (1) APPLICABLE EMPLOYMENT TAXES.—The term 

7 ‘‘applicable employment taxes’’ means the following: 

8 (A) The taxes imposed under section 

9 3111(a) of the Internal Revenue Code of 1986. 

10 (B) So much of the taxes imposed under 

11 section 3221(a) of such Code as are attributable 

12 to the rate in effect under section 3111(a) of such 

13 Code. 

14 (2) ELIGIBLE EMPLOYER.— 

15 (A) IN GENERAL.—The term ‘‘eligible em16 ployer’’ means any employer— 

17 (i) which was carrying on a trade or 

18 business during calendar year 2020, and 

19 (ii) with respect to any calendar quar20 ter, for which— 

21 (I) the operation of the trade or 

22 business described in clause (i) is fully 

23 or partially suspended during the cal24 endar quarter due to orders from an 

25 appropriate governmental authority 
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1 limiting commerce, travel, or group 

2 meetings (for commercial, social, reli3 gious, or other purposes) due to the 

4 coronavirus disease 2019 (COVID–19), 

5 or 

6 (II) such calendar quarter is 

7 within the period described in sub8 paragraph (B). 

9 (B) SIGNIFICANT DECLINE IN GROSS RE10 CEIPTS.—The period described in this subpara11 graph is the period— 

12 (i) beginning with the first calendar 

13 quarter beginning after December 31, 2019, 

14 for which gross receipts (within the mean15 ing of section 448(c) of the Internal Rev16 enue Code of 1986) for the calendar quarter 

17 are less than 50 percent of gross receipts for 

18 the same calendar quarter in the prior year, 

19 and 

20 (ii) ending with the calendar quarter 

21 following the first calendar quarter begin22 ning after a calendar quarter described in 

23 clause (i) for which gross receipts of such 

24 employer are greater than 80 percent of 
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1 gross receipts for the same calendar quarter 

2 in the prior year. 

3 (C) TAX-EXEMPT ORGANIZATIONS.—In the 

4 case of an organization which is described in sec5 tion 501(c) of the Internal Revenue Code of 1986 

6 and exempt from tax under section 501(a) of 

7 such Code, clauses (i) and (ii)(I) of subpara8 graph (A) shall apply to all operations of such 

9 organization. 

10 (3) QUALIFIED WAGES.— 

11 (A) IN GENERAL.—The term ‘‘qualified 

12 wages’’ means— 

13 (i) in the case of an eligible employer 

14 for which the average number of full-time 

15 employees (within the meaning of section 

16 4980H of the Internal Revenue Code of 

17 1986) employed by such eligible employer 

18 during 2019 was greater than 100, wages 

19 paid by such eligible employer with respect 

20 to which an employee is not providing serv21 ices due to circumstances described in sub22 clause (I) or (II) of paragraph (2)(A)(ii), or 

23 (ii) in the case of an eligible employer 

24 for which the average number of full-time 

25 employees (within the meaning of section 
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1 4980H of the Internal Revenue Code of 

2 1986) employed by such eligible employer 

3 during 2019 was not greater than 100— 

4 (I) with respect to an eligible em5 ployer described in subclause (I) of 

6 paragraph (2)(A)(ii), wages paid by 

7 such eligible employer with respect to 

8 an employee during any period de9 scribed in such clause, or 

10 (II) with respect to an eligible em11 ployer described in subclause (II) of 

12 such paragraph, wages paid by such el13 igible employer with respect to an em14 ployee during such quarter. 

15 Such term shall not include any wages taken 

16 into account under section 7001 or section 7003 

17 of the Families First Coronavirus Response Act. 

18 (B) LIMITATION.—Qualified wages paid or 

19 incurred by an eligible employer described in 

20 subparagraph (A)(i) with respect to an employee 

21 for any period described in such subparagraph 

22 may not exceed the amount such employee would 

23 have been paid for working an equivalent dura24 tion during the 30 days immediately preceding 

25 such period. 
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1 (C) ALLOWANCE FOR CERTAIN HEALTH

2 PLAN EXPENSES.— 

3 (i) IN GENERAL.—The term ‘‘qualified 

4 wages’’ shall include so much of the eligible 

5 employer’s qualified health plan expenses as 

6 are properly allocable to such wages. 

7 (ii) QUALIFIED HEALTH PLAN EX8 PENSES.—For purposes of this paragraph, 

9 the term ‘‘qualified health plan expenses’’ 

10 means amounts paid or incurred by the eli11 gible employer to provide and maintain a 

12 group health plan (as defined in section 

13 5000(b)(1) of the Internal Revenue Code of 

14 1986), but only to the extent that such 

15 amounts are excluded from the gross income 

16 of employees by reason of section 106(a) of 

17 such Code. 

18 (iii) ALLOCATION RULES.—For pur19 poses of this paragraph, qualified health 

20 plan expenses shall be allocated to qualified 

21 wages in such manner as the Secretary may 

22 prescribe. Except as otherwise provided by 

23 the Secretary, such allocation shall be treat24 ed as properly made if made on the basis 

25 of being pro rata among employees and pro 
179 

† HR 748 EAS 

1 rata on the basis of periods of coverage (rel2 ative to the periods to which such wages re3 late). 

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

5 the Secretary of the Treasury or the Secretary’s dele6 gate. 

7 (5) WAGES.—The term ‘‘wages’’ means wages (as 

8 defined in section 3121(a) of the Internal Revenue 

9 Code of 1986) and compensation (as defined in sec10 tion 3231(e) of such Code). 

11 (6) OTHER TERMS.—Any term used in this sec12 tion which is also used in chapter 21 or 22 of the In13 ternal Revenue Code of 1986 shall have the same 

14 meaning as when used in such chapter. 

15 (d) AGGREGATION RULE.—All persons treated as a 

16 single employer under subsection (a) or (b) of section 52 

17 of the Internal Revenue Code of 1986, or subsection (m) or 

18 (o) of section 414 of such Code, shall be treated as one em19 ployer for purposes of this section. 

20 (e) CERTAIN RULES TO APPLY.—For purposes of this 

21 section, rules similar to the rules of sections 51(i)(1) and 

22 280C(a) of the Internal Revenue Code of 1986 shall apply. 

23 (f) CERTAIN GOVERNMENTAL EMPLOYERS.—This cred24 it shall not apply to the Government of the United States, 
180 

† HR 748 EAS 

1 the government of any State or political subdivision thereof, 

2 or any agency or instrumentality of any of the foregoing. 

3 (g) ELECTION NOT TO HAVE SECTION APPLY.—This 

4 section shall not apply with respect to any eligible employer 

5 for any calendar quarter if such employer elects (at such 

6 time and in such manner as the Secretary may prescribe) 

7 not to have this section apply. 

8 (h) SPECIAL RULES.— 

9 (1) EMPLOYEE NOT TAKEN INTO ACCOUNT MORE

10 THAN ONCE.—An employee shall not be included for 

11 purposes of this section for any period with respect to 

12 any employer if such employer is allowed a credit 

13 under section 51 of the Internal Revenue Code of 1986 

14 with respect to such employee for such period. 

15 (2) DENIAL OF DOUBLE BENEFIT.—Any wages 

16 taken into account in determining the credit allowed 

17 under this section shall not be taken into account for 

18 purposes of determining the credit allowed under sec19 tion 45S of such Code. 

20 (3) THIRD PARTY PAYORS.—Any credit allowed 

21 under this section shall be treated as a credit de22 scribed in section 3511(d)(2) of such Code. 

23 (i) TRANSFERS TO FEDERAL OLD-AGE AND SUR24 VIVORS INSURANCE TRUST FUND.—There are hereby ap25 propriated to the Federal Old-Age and Survivors Insurance 
181 

† HR 748 EAS 

1 Trust Fund and the Federal Disability Insurance Trust 

2 Fund established under section 201 of the Social Security 

3 Act (42 U.S.C. 401) and the Social Security Equivalent 

4 Benefit Account established under section 15A(a) of the 

5 Railroad Retirement Act of 1974 (45 U.S.C. 14 231n–1(a)) 

6 amounts equal to the reduction in revenues to the Treasury 

7 by reason of this section (without regard to this subsection). 

8 Amounts appropriated by the preceding sentence shall be 

9 transferred from the general fund at such times and in such 

10 manner as to replicate to the extent possible the transfers 

11 which would have occurred to such Trust Fund or Account 

12 had this section not been enacted. 

13 (j) RULE FOR EMPLOYERS TAKING SMALL BUSINESS

14 INTERRUPTION LOAN.—If an eligible employer receives a 

15 covered loan under paragraph (36) of section 7(a) of the 

16 Small Business Act (15 U.S.C. 636(a)), as added by section 

17 1102 of this Act, such employer shall not be eligible for the 

18 credit under this section. 

19 (k) TREATMENT OF DEPOSITS.—The Secretary shall 

20 waive any penalty under section 6656 of the Internal Rev21 enue Code of 1986 for any failure to make a deposit of any 

22 applicable employment taxes if the Secretary determines 

23 that such failure was due to the reasonable anticipation of 

24 the credit allowed under this section. 
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1 (l) REGULATIONS AND GUIDANCE.—The Secretary 

2 shall issue such forms, instructions, regulations, and guid3 ance as are necessary— 

4 (1) to allow the advance payment of the credit 

5 under subsection (a), subject to the limitations pro6 vided in this section, based on such information as 

7 the Secretary shall require, 

8 (2) to provide for the reconciliation of such ad9 vance payment with the amount advanced at the time 

10 of filing the return of tax for the applicable calendar 

11 quarter or taxable year, 

12 (3) to provide for the recapture of the credit 

13 under this section if such credit is allowed to a tax14 payer which receives a loan described in subsection (j) 

15 during a subsequent quarter, 

16 (4) with respect to the application of the credit 

17 under subsection (a) to third party payors (including 

18 professional employer organizations, certified profes19 sional employer organizations, or agents under sec20 tion 3504 of the Internal Revenue Code of 1986), in21 cluding regulations or guidance allowing such payors 

22 to submit documentation necessary to substantiate the 

23 eligible employer status of employers that use such 

24 payors, and 
183 

† HR 748 EAS 

1 (5) for application of subparagraphs (A)(ii)(II) 

2 and (B) of subsection (c)(2) in the case of any em3 ployer which was not carrying on a trade or business 

4 for all or part of the same calendar quarter in the 

5 prior year. 

6 (m) APPLICATION.—This section shall only apply to 

7 wages paid after March 12, 2020, and before January 1, 

8 2021. 

9 SEC. 2302. DELAY OF PAYMENT OF EMPLOYER PAYROLL 

10 TAXES. 

11 (a) IN GENERAL.— 

12 (1) TAXES.—Notwithstanding any other provi13 sion of law, the payment for applicable employment 

14 taxes for the payroll tax deferral period shall not be 

15 due before the applicable date. 

16 (2) DEPOSITS.—Notwithstanding section 6302 of 

17 the Internal Revenue Code of 1986, an employer shall 

18 be treated as having timely made all deposits of ap19 plicable employment taxes that are required to be 

20 made (without regard to this section) for such taxes 

21 during the payroll tax deferral period if all such de22 posits are made not later than the applicable date. 

23 (3) EXCEPTION.—This subsection shall not apply 

24 to any taxpayer if such taxpayer has had indebted25 ness forgiven under section 1106 of this Act with re-
184 

† HR 748 EAS 

1 spect to a loan under paragraph (36) of section 7(a) 

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

3 added by section 1102 of this Act, or indebtedness for4 given under section 1109 of this Act. 

5 (b) SECA.— 

6 (1) IN GENERAL.—Notwithstanding any other 

7 provision of law, the payment for 50 percent of the 

8 taxes imposed under section 1401(a) of the Internal 

9 Revenue Code of 1986 for the payroll tax deferral pe10 riod shall not be due before the applicable date. 

11 (2) ESTIMATED TAXES.—For purposes of apply12 ing section 6654 of the Internal Revenue Code of 1986 

13 to any taxable year which includes any part of the 

14 payroll tax deferral period, 50 percent of the taxes 

15 imposed under section 1401(a) of such Code for the 

16 payroll tax deferral period shall not be treated as 

17 taxes to which such section 6654 applies. 

18 (c) LIABILITY OF THIRD PARTIES.— 

19 (1) ACTS TO BE PERFORMED BY AGENTS.—For 

20 purposes of section 3504 of the Internal Revenue Code 

21 of 1986, in the case of any person designated pursu22 ant to such section (and any regulations or other 

23 guidance issued by the Secretary with respect to such 

24 section) to perform acts otherwise required to be per25 formed by an employer under such Code, if such em-
185 

† HR 748 EAS 

1 ployer directs such person to defer payment of any 

2 applicable employment taxes during the payroll tax 

3 deferral period under this section, such employer shall 

4 be solely liable for the payment of such applicable em5 ployment taxes before the applicable date for any 

6 wages paid by such person on behalf of such employer 

7 during such period. 

8 (2) CERTIFIED PROFESSIONAL EMPLOYER ORGA9 NIZATIONS.—For purposes of section 3511, in the case 

10 of a certified professional employer organization (as 

11 defined in subsection (a) of section 7705 of the Inter12 nal Revenue Code of 1986) that has entered into a 

13 service contract described in subsection (e)(2) of such 

14 section with a customer, if such customer directs such 

15 organization to defer payment of any applicable em16 ployment taxes during the payroll tax deferral period 

17 under this section, such customer shall, notwith18 standing subsections (a) and (c) of section 3511, be 

19 solely liable for the payment of such applicable em20 ployment taxes before the applicable date for any 

21 wages paid by such organization to any work site em22 ployee performing services for such customer during 

23 such period. 

24 (d) DEFINITIONS.—For purposes of this section— 
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1 (1) APPLICABLE EMPLOYMENT TAXES.—The term 

2 ‘‘applicable employment taxes’’ means the following: 

3 (A) The taxes imposed under section 

4 3111(a) of the Internal Revenue Code of 1986. 

5 (B) So much of the taxes imposed under 

6 section 3211(a) of such Code as are attributable 

7 to the rate in effect under section 3111(a) of such 

8 Code. 

9 (C) So much of the taxes imposed under sec10 tion 3221(a) of such Code as are attributable to 

11 the rate in effect under section 3111(a) of such 

12 Code. 

13 (2) PAYROLL TAX DEFERRAL PERIOD.—The term 

14 ‘‘payroll tax deferral period’’ means the period begin15 ning on the date of the enactment of this Act and end16 ing before January 1, 2021. 

17 (3) APPLICABLE DATE.—The term ‘‘applicable 

18 date’’ means— 

19 (A) December 31, 2021, with respect to 50 

20 percent of the amounts to which subsection (a) or 

21 (b), as the case may be, apply, and 

22 (B) December 31, 2022, with respect to the 

23 remaining such amounts. 
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1 (4) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Treasury (or the Secretary’s dele3 gate). 

4 (e) TRUST FUNDS HELD HARMLESS.—There are here5 by appropriated (out of any money in the Treasury not 

6 otherwise appropriated) for each fiscal year to the Federal 

7 Old-Age and Survivors Insurance Trust Fund and the Fed8 eral Disability Insurance Trust Fund established under sec9 tion 201 of the Social Security Act (42 U.S.C. 401) and 

10 the Social Security Equivalent Benefit Account established 

11 under section 15A(a) of the Railroad Retirement Act of 

12 1974 (45 U.S.C. 231n–1(a)) an amount equal to the reduc13 tion in the transfers to such fund for such fiscal year by 

14 reason of this section. Amounts appropriated by the pre15 ceding sentence shall be transferred from the general fund 

16 at such times and in such manner as to replicate to the 

17 extent possible the transfers which would have occurred to 

18 such Trust Fund had such amendments not been enacted. 

19 (f) REGULATORY AUTHORITY.—The Secretary shall 

20 issue such regulations or other guidance as necessary to 

21 carry out the purposes of this section, including rules for 

22 the administration and enforcement of subsection (c). 

23 SEC. 2303. MODIFICATIONS FOR NET OPERATING LOSSES. 

24 (a) TEMPORARY REPEAL OF TAXABLE INCOME LIMI25 TATION.— 
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1 (1) IN GENERAL.—The first sentence of section 

2 172(a) of the Internal Revenue Code of 1986 is 

3 amended by striking ‘‘an amount equal to’’ and all 

4 that follows and inserting ‘‘an amount equal to— 

5 ‘‘(1) in the case of a taxable year beginning be6 fore January 1, 2021, the aggregate of the net oper7 ating loss carryovers to such year, plus the net oper8 ating loss carrybacks to such year, and 

9 ‘‘(2) in the case of a taxable year beginning after 

10 December 31, 2020, the sum of— 

11 ‘‘(A) the aggregate amount of net operating 

12 losses arising in taxable years beginning before 

13 January 1, 2018, carried to such taxable year, 

14 plus 

15 ‘‘(B) the lesser of— 

16 ‘‘(i) the aggregate amount of net oper17 ating losses arising in taxable years begin18 ning after December 31, 2017, carried to 

19 such taxable year, or 

20 ‘‘(ii) 80 percent of the excess (if any) 

21 of— 

22 ‘‘(I) taxable income computed 

23 without regard to the deductions under 

24 this section and sections 199A and 

25 250, over 
189 

† HR 748 EAS 

1 ‘‘(II) the amount determined 

2 under subparagraph (A).’’. 

3 (2) CONFORMING AMENDMENTS.— 

4 (A) Section 172(b)(2)(C) of such Code is 

5 amended to read as follows: 

6 ‘‘(C) for taxable years beginning after De7 cember 31, 2020, be reduced by 20 percent of the 

8 excess (if any) described in subsection 

9 (a)(2)(B)(ii) for such taxable year.’’. 

10 (B) Section 172(d)(6)(C) of such Code is 

11 amended by striking ‘‘subsection (a)(2)’’ and in12 serting ‘‘subsection (a)(2)(B)(ii)(I)’’. 

13 (C) Section 860E(a)(3)(B) of such Code is 

14 amended by striking all that follows ‘‘for pur15 poses of’’ and inserting ‘‘subsection 

16 (a)(2)(B)(ii)(I) and the second sentence of sub17 section (b)(2) of section 172.’’. 

18 (b) MODIFICATIONS OF RULES RELATING TO

19 CARRYBACKS.— 

20 (1) IN GENERAL.—Section 172(b)(1) of the Inter21 nal Revenue Code of 1986 is amended by adding at 

22 the end the following new subparagraph: 

23 ‘‘(D) SPECIAL RULE FOR LOSSES ARISING

24 IN 2018, 2019, AND 2020.— 
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† HR 748 EAS 

1 ‘‘(i) IN GENERAL.—In the case of any 

2 net operating loss arising in a taxable year 

3 beginning after December 31, 2017, and be4 fore January 1, 2021— 

5 ‘‘(I) such loss shall be a net oper6 ating loss carryback to each of the 5 

7 taxable years preceding the taxable 

8 year of such loss, and 

9 ‘‘(II) subparagraphs (B) and 

10 (C)(i) shall not apply. 

11 ‘‘(ii) SPECIAL RULES FOR REITS.—For 

12 purposes of this subparagraph— 

13 ‘‘(I) IN GENERAL.—A net oper14 ating loss for a REIT year shall not be 

15 a net operating loss carryback to any 

16 taxable year preceding the taxable year 

17 of such loss. 

18 ‘‘(II) SPECIAL RULE.—In the case 

19 of any net operating loss for a taxable 

20 year which is not a REIT year, such 

21 loss shall not be carried to any pre22 ceding taxable year which is a REIT 

23 year. 

24 ‘‘(III) REIT YEAR.—For purposes 

25 of this subparagraph, the term ‘REIT 
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† HR 748 EAS 

1 year’ means any taxable year for 

2 which the provisions of part II of sub3 chapter M (relating to real estate in4 vestment trusts) apply to the taxpayer. 

5 ‘‘(iii) SPECIAL RULE FOR LIFE INSUR6 ANCE COMPANIES.— In the case of a life in7 surance company, if a net operating loss is 

8 carried pursuant to clause (i)(I) to a life 

9 insurance company taxable year beginning 

10 before January 1, 2018, such net operating 

11 loss carryback shall be treated in the same 

12 manner as an operations loss carryback 

13 (within the meaning of section 810 as in ef14 fect before its repeal) of such company to 

15 such taxable year. 

16 ‘‘(iv) RULE RELATING TO CARRYBACKS

17 TO YEARS TO WHICH SECTION 965 AP18 PLIES.—If a net operating loss of a tax19 payer is carried pursuant to clause (i)(I) to 

20 any taxable year in which an amount is in21 cludible in gross income by reason of section 

22 965(a), the taxpayer shall be treated as hav23 ing made the election under section 965(n) 

24 with respect to each such taxable year. 
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1 ‘‘(v) SPECIAL RULES FOR ELECTIONS

2 UNDER PARAGRAPH (3).— 

3 ‘‘(I) SPECIAL ELECTION TO EX4 CLUDE SECTION 965 YEARS.— If the 5- 

5 year carryback period under clause 

6 (i)(I) with respect to any net operating 

7 loss of a taxpayer includes 1 or more 

8 taxable years in which an amount is 

9 includible in gross income by reason of 

10 section 965(a), the taxpayer may, in 

11 lieu of the election otherwise available 

12 under paragraph (3), elect under such 

13 paragraph to exclude all such taxable 

14 years from such carryback period. 

15 ‘‘(II) TIME OF ELECTIONS.—An 

16 election under paragraph (3) (includ17 ing an election described in subclause 

18 (I)) with respect to a net operating loss 

19 arising in a taxable year beginning in 

20 2018 or 2019 shall be made by the due 

21 date (including extensions of time) for 

22 filing the taxpayer’s return for the first 

23 taxable year ending after the date of 

24 the enactment of this subparagraph.’’. 
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† HR 748 EAS 

1 (2) CONFORMING AMENDMENT.—Section 

2 172(b)(1)(A) of such Code, as amended by subsection 

3 (c)(2), is amended by striking ‘‘and (C)(i)’’ and in4 serting ‘‘, (C)(i), and (D)’’. 

5 (c) TECHNICAL AMENDMENT RELATING TO SECTION

6 13302 OF PUBLIC LAW 115–97.— 

7 (1) Section 13302(e) of Public Law 115–97 is 

8 amended to read as follows: 

9 ‘‘(e) EFFECTIVE DATES.— 

10 ‘‘(1) NET OPERATING LOSS LIMITATION.—The 

11 amendments made by subsections (a) and (d)(2) shall 

12 apply to— 

13 ‘‘(A) taxable years beginning after Decem14 ber 31, 2017, and 

15 ‘‘(B) taxable years beginning on or before 

16 such date to which net operating losses arising 

17 in taxable years beginning after such date are 

18 carried. 

19 ‘‘(2) CARRYOVERS AND CARRYBACKS.—The 

20 amendments made by subsections (b), (c), and (d)(1) 

21 shall apply to net operating losses arising in taxable 

22 years beginning after December 31, 2017.’’. 

23 (2) Section 172(b)(1)(A) of the Internal Revenue 

24 Code of 1986 is amended to read as follows: 
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† HR 748 EAS 

1 ‘‘(A) GENERAL RULE.—A net operating loss 

2 for any taxable year— 

3 ‘‘(i) shall be a net operating loss 

4 carryback to the extent provided in sub5 paragraphs (B) and (C)(i), and 

6 ‘‘(ii) except as provided in subpara7 graph (C)(ii), shall be a net operating loss 

8 carryover— 

9 ‘‘(I) in the case of a net operating 

10 loss arising in a taxable year begin11 ning before January 1, 2018, to each of 

12 the 20 taxable years following the tax13 able year of the loss, and 

14 ‘‘(II) in the case of a net oper15 ating loss arising in a taxable year be16 ginning after December 31, 2017, to 

17 each taxable year following the taxable 

18 year of the loss.’’. 

19 (d) EFFECTIVE DATES.— 

20 (1) NET OPERATING LOSS LIMITATION.—The 

21 amendments made by subsection (a) shall apply— 

22 (A) to taxable years beginning after Decem23 ber 31, 2017, and 

24 (B) to taxable years beginning on or before 

25 December 31, 2017, to which net operating losses 
195 

† HR 748 EAS 

1 arising in taxable years beginning after Decem2 ber 31, 2017, are carried. 

3 (2) CARRYOVERS AND CARRYBACKS.—The 

4 amendment made by subsection (b) shall apply to— 

5 (A) net operating losses arising in taxable 

6 years beginning after December 31, 2017, and 

7 (B) taxable years beginning before, on, or 

8 after such date to which such net operating losses 

9 are carried. 

10 (3) TECHNICAL AMENDMENTS.—The amendments 

11 made by subsection (c) shall take effect as if included 

12 in the provisions of Public Law 115–97 to which they 

13 relate. 

14 (4) SPECIAL RULE.—In the case of a net oper15 ating loss arising in a taxable year beginning before 

16 January 1, 2018, and ending after December 31, 

17 2017— 

18 (A) an application under section 6411(a) of 

19 the Internal Revenue Code of 1986 with respect 

20 to the carryback of such net operating loss shall 

21 not fail to be treated as timely filed if filed not 

22 later than the date which is 120 days after the 

23 date of the enactment of this Act, and 

24 (B) an election to— 
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† HR 748 EAS 

1 (i) forgo any carryback of such net op2 erating loss, 

3 (ii) reduce any period to which such 

4 net operating loss may be carried back, or 

5 (iii) revoke any election made under 

6 section 172(b) to forgo any carryback of 

7 such net operating loss, 

8 shall not fail to be treated as timely made if 

9 made not later than the date which is 120 days 

10 after the date of the enactment of this Act. 

11 SEC. 2304. MODIFICATION OF LIMITATION ON LOSSES FOR 

12 TAXPAYERS OTHER THAN CORPORATIONS. 

13 (a) IN GENERAL.—Section 461(l)(1) of the Internal 

14 Revenue Code of 1986 is amended to read as follows: 

15 ‘‘(1) LIMITATION.—In the case of a taxpayer 

16 other than a corporation— 

17 ‘‘(A) for any taxable year beginning after 

18 December 31, 2017, and before January 1, 2026, 

19 subsection (j) (relating to limitation on excess 

20 farm losses of certain taxpayers) shall not apply, 

21 and 

22 ‘‘(B) for any taxable year beginning after 

23 December 31, 2020, and before January 1, 2026, 

24 any excess business loss of the taxpayer for the 

25 taxable year shall not be allowed.’’. 
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† HR 748 EAS 

1 (b) TECHNICAL AMENDMENTS RELATING TO SECTION

2 11012 OF PUBLIC LAW 115–97.— 

3 (1) Section 461(l)(2) of the Internal Revenue 

4 Code of 1986 is amended by striking ‘‘a net operating 

5 loss carryover to the following taxable year under sec6 tion 172’’ and inserting ‘‘a net operating loss for the 

7 taxable year for purposes of determining any net op8 erating loss carryover under section 172(b) for subse9 quent taxable years’’. 

10 (2) Section 461(l)(3)(A) of such Code is amend11 ed— 

12 (A) in clause (i), by inserting ‘‘and without 

13 regard to any deduction allowable under section 

14 172 or 199A’’ after ‘‘under paragraph (1)’’, and 

15 (B) by adding at the end the following flush 

16 sentence: 

17 ‘‘Such excess shall be determined without regard to 

18 any deductions, gross income, or gains attributable to 

19 any trade or business of performing services as an 

20 employee.’’. 

21 (3) Section 461(l)(3) of such Code is amended by 

22 redesignating subparagraph (B) as subparagraph (C) 

23 and by inserting after subparagraph (A) the following 

24 new subparagraph: 
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† HR 748 EAS 

1 ‘‘(B) TREATMENT OF CAPITAL GAINS AND

2 LOSSES.— 

3 ‘‘(i) LOSSES.—Deductions for losses 

4 from sales or exchanges of capital assets 

5 shall not be taken into account under sub6 paragraph (A)(i). 

7 ‘‘(ii) GAINS.—The amount of gains 

8 from sales or exchanges of capital assets 

9 taken into account under subparagraph 

10 (A)(ii) shall not exceed the lesser of— 

11 ‘‘(I) the capital gain net income 

12 determined by taking into account only 

13 gains and losses attributable to a trade 

14 or business, or 

15 ‘‘(II) the capital gain net in16 come.’’. 

17 (c) EFFECTIVE DATES.— 

18 (1) IN GENERAL.—The amendments made by 

19 subsection (a) shall apply to taxable years beginning 

20 after December 31, 2017. 

21 (2) TECHNICAL AMENDMENTS.—The amendments 

22 made by subsection (b) shall take effect as if included 

23 in the provisions of Public Law 115–97 to which they 

24 relate. 
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† HR 748 EAS 

1 SEC. 2305. MODIFICATION OF CREDIT FOR PRIOR YEAR MIN2 IMUM TAX LIABILITY OF CORPORATIONS. 

3 (a) IN GENERAL.—Section 53(e) of the Internal Rev4 enue Code of 1986 is amended— 

5 (1) by striking ‘‘2018, 2019, 2020, or 2021’’ in 

6 paragraph (1) and inserting ‘‘2018 or 2019’’, and 

7 (2) by striking ‘‘2021’’ in paragraph (2) and in8 serting ‘‘2019’’. 

9 (b) ELECTION TO TAKE ENTIRE REFUNDABLE CREDIT

10 AMOUNT IN 2018.— 

11 (1) IN GENERAL.—Section 53(e) of such Code is 

12 amended by adding at the end the following new 

13 paragraph: 

14 ‘‘(5) SPECIAL RULE.—In the case of a corpora15 tion making an election under this paragraph— 

16 ‘‘(A) paragraph (1) shall not apply, and 

17 ‘‘(B) subsection (c) shall not apply to the 

18 first taxable year of such corporation beginning 

19 in 2018.’’. 

20 (c) EFFECTIVE DATE.—The amendments made by this 

21 section shall apply to taxable years beginning after Decem22 ber 31, 2017. 

23 (d) SPECIAL RULE.— 

24 (1) IN GENERAL.—For purposes of the Internal 

25 Revenue Code of 1986, a credit or refund for which 

26 an application described in paragraph (2)(A) is filed 
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† HR 748 EAS 

1 shall be treated as made under section 6411 of such 

2 Code. 

3 (2) TENTATIVE REFUND.— 

4 (A) APPLICATION.—A taxpayer may file an 

5 application for a tentative refund of any amount 

6 for which a refund is due by reason of an elec7 tion under section 53(e)(5) of the Internal Rev8 enue Code of 1986. Such application shall be in 

9 such manner and form as the Secretary of the 

10 Treasury (or the Secretary’s delegate) may pre11 scribe and shall— 

12 (i) be verified in the same manner as 

13 an application under section 6411(a) of 

14 such Code, 

15 (ii) be filed prior to December 31, 

16 2020, and 

17 (iii) set forth— 

18 (I) the amount of the refundable 

19 credit claimed under section 53(e) of 

20 such Code for such taxable year, 

21 (II) the amount of the refundable 

22 credit claimed under such section for 

23 any previously filed return for such 

24 taxable year, and 
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† HR 748 EAS 

1 (III) the amount of the refund 

2 claimed. 

3 (B) ALLOWANCE OF ADJUSTMENTS.—With4 in a period of 90 days from the date on which 

5 an application is filed under subparagraph (A), 

6 the Secretary of the Treasury (or the Secretary’s 

7 delegate) shall— 

8 (i) review the application, 

9 (ii) determine the amount of the over10 payment, and 

11 (iii) apply, credit, or refund such over12 payment, 

13 in a manner similar to the manner provided in 

14 section 6411(b) of the Internal Revenue Code of 

15 1986. 

16 (C) CONSOLIDATED RETURNS.—The provi17 sions of section 6411(c) of the Internal Revenue 

18 Code of 1986 Code shall apply to an adjustment 

19 under this paragraph to the same extent and 

20 manner as the Secretary of the Treasury (or the 

21 Secretary’s delegate) may provide. 

22 SEC. 2306. MODIFICATIONS OF LIMITATION ON BUSINESS 

23 INTEREST. 

24 (a) IN GENERAL.—Section 163(j) of the Internal Rev25 enue Code of 1986 is amended by redesignating paragraph 
202 

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1 (10) as paragraph (11) and by inserting after paragraph 

2 (9) the following new paragraph: 

3 ‘‘(10) SPECIAL RULE FOR TAXABLE YEARS BE4 GINNING IN 2019 AND 2020.— 

5 ‘‘(A) IN GENERAL.— 

6 ‘‘(i) IN GENERAL.—Except as provided 

7 in clause (ii) or (iii), in the case of any 

8 taxable year beginning in 2019 or 2020, 

9 paragraph (1)(B) shall be applied by sub10 stituting ‘50 percent’ for ‘30 percent’. 

11 ‘‘(ii) SPECIAL RULE FOR PARTNER12 SHIPS.—In the case of a partnership— 

13 ‘‘(I) clause (i) shall not apply to 

14 any taxable year beginning in 2019, 

15 but 

16 ‘‘(II) unless a partner elects not to 

17 have this subclause apply, in the case 

18 of any excess business interest of the 

19 partnership for any taxable year be20 ginning in 2019 which is allocated to 

21 the partner under paragraph 

22 (4)(B)(i)(II)— 

23 ‘‘(aa) 50 percent of such ex24 cess business interest shall be 

25 treated as business interest which, 
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1 notwithstanding paragraph 

2 (4)(B)(ii), is paid or accrued by 

3 the partner in the partner’s first 

4 taxable year beginning in 2020 

5 and which is not subject to the 

6 limits of paragraph (1), and 

7 ‘‘(bb) 50 percent of such ex8 cess business interest shall be sub9 ject to the limitations of para10 graph (4)(B)(ii) in the same man11 ner as any other excess business 

12 interest so allocated. 

13 ‘‘(iii) ELECTION OUT.—A taxpayer 

14 may elect, at such time and in such manner 

15 as the Secretary may prescribe, not to have 

16 clause (i) apply to any taxable year. Such 

17 an election, once made, may be revoked only 

18 with the consent of the Secretary. In the 

19 case of a partnership, any such election 

20 shall be made by the partnership and may 

21 be made only for taxable years beginning in 

22 2020. 

23 ‘‘(B) ELECTION TO USE 2019 ADJUSTED

24 TAXABLE INCOME FOR TAXABLE YEARS BEGIN25 NING IN 2020.— 
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1 ‘‘(i) IN GENERAL.—Subject to clause 

2 (ii), in the case of any taxable year begin3 ning in 2020, the taxpayer may elect to 

4 apply this subsection by substituting the ad5 justed taxable income of the taxpayer for the 

6 last taxable year beginning in 2019 for the 

7 adjusted taxable income for such taxable 

8 year. In the case of a partnership, any such 

9 election shall be made by the partnership. 

10 ‘‘(ii) SPECIAL RULE FOR SHORT TAX11 ABLE YEARS.—If an election is made under 

12 clause (i) for a taxable year which is a 

13 short taxable year, the adjusted taxable in14 come for the taxpayer’s last taxable year be15 ginning in 2019 which is substituted under 

16 clause (i) shall be equal to the amount 

17 which bears the same ratio to such adjusted 

18 taxable income determined without regard 

19 to this clause as the number of months in 

20 the short taxable year bears to 12’’. 

21 (b) EFFECTIVE DATE.—The amendments made by this 

22 section shall apply to taxable years beginning after Decem23 ber 31, 2018. 
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1 SEC. 2307. TECHNICAL AMENDMENTS REGARDING QUALI2 FIED IMPROVEMENT PROPERTY. 

3 (a) IN GENERAL.—Section 168 of the Internal Revenue 

4 Code of 1986 is amended— 

5 (1) in subsection (e)— 

6 (A) in paragraph (3)(E), by striking ‘‘and’’ 

7 at the end of clause (v), by striking the period 

8 at the end of clause (vi) and inserting ‘‘, and’’, 

9 and by adding at the end the following new 

10 clause: 

11 ‘‘(vii) any qualified improvement 

12 property.’’, and 

13 (B) in paragraph (6)(A), by inserting 

14 ‘‘made by the taxpayer’’ after ‘‘any improve15 ment’’, and 

16 (2) in the table contained in subsection 

17 (g)(3)(B)— 

18 (A) by striking the item relating to sub19 paragraph (D)(v), and 

20 (B) by inserting after the item relating to 

21 subparagraph (E)(vi) the following new item: 

‘‘(E)(vii) ............................................................................................. 20’’. 

22 (b) EFFECTIVE DATE.—The amendments made by this 

23 section shall take effect as if included in section 13204 of 

24 Public Law 115–97. 
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1 SEC. 2308. TEMPORARY EXCEPTION FROM EXCISE TAX FOR 

2 ALCOHOL USED TO PRODUCE HAND SANI3 TIZER. 

4 (a) IN GENERAL.—Section 5214(a) of the Internal 

5 Revenue Code of 1986 is amended— 

6 (1) in paragraph (13), by striking the period at 

7 the end and inserting ‘‘; or’’, and 

8 (2) by adding at the end the following new para9 graph: 

10 ‘‘(14) with respect to distilled spirits removed 

11 after December 31, 2019, and before January 1, 2021, 

12 free of tax for use in or contained in hand sanitizer 

13 produced and distributed in a manner consistent with 

14 any guidance issued by the Food and Drug Adminis15 tration that is related to the outbreak of virus SARS– 

16 CoV–2 or coronavirus disease 2019 (COVID–19).’’. 

17 (b) EFFECTIVE DATE.—The amendments made by this 

18 section shall apply to distilled spirits removed after Decem19 ber 31, 2019. 

20 (c) APPLICATION OF OTHER LAWS.—Any distilled 

21 spirits or product described in paragraph (14) of section 

22 5214(a) of the Internal Revenue Code of 1986 (as added 

23 by this section) shall not be subject to any requirements re24 lated to labeling or bulk sales under— 

25 (1) section 105 or 106 of the Federal Alcohol Ad26 ministration Act (27 U.S.C. 205, 206); or 
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1 (2) section 204 of the Alcoholic Beverage Label2 ing Act of 1988 (27 U.S.C. 215). 

3 TITLE III—SUPPORTING AMER4 ICA’S HEALTH CARE SYSTEM 

5 IN THE FIGHT AGAINST THE 

6 CORONAVIRUS 

7 Subtitle A—Health Provisions 

8 SEC. 3001. SHORT TITLE. 

9 This subtitle may be cited as the ‘‘Coronavirus Aid, 

10 Relief, and Economic Security Act’’. 

11 PART I—ADDRESSING SUPPLY SHORTAGES 

12 Subpart A—Medical Product Supplies 

13 SEC. 3101. NATIONAL ACADEMIES REPORT ON AMERICA’S 

14 MEDICAL PRODUCT SUPPLY CHAIN SECU15 RITY. 

16 (a) IN GENERAL.—Not later than 60 days after the 

17 date of enactment of this Act, the Secretary of Health and 

18 Human Services shall enter into an agreement with the Na19 tional Academies of Sciences, Engineering, and Medicine 

20 (referred to in this section as the ‘‘National Academies’’) 

21 to examine, and, in a manner that does not compromise 

22 national security, report on, the security of the United 

23 States medical product supply chain. 

24 (b) PURPOSES.—The report developed under this sec25 tion shall— 
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1 (1) assess and evaluate the dependence of the 

2 United States, including the private commercial sec3 tor, States, and the Federal Government, on critical 

4 drugs and devices that are sourced or manufactured 

5 outside of the United States, which may include an 

6 analysis of— 

7 (A) the supply chain of critical drugs and 

8 devices of greatest priority to providing health 

9 care; 

10 (B) any potential public health security or 

11 national security risks associated with reliance 

12 on critical drugs and devices sourced or manu13 factured outside of the United States, which may 

14 include responses to previous or existing short15 ages or public health emergencies, such as infec16 tious disease outbreaks, bioterror attacks, and 

17 other public health threats; 

18 (C) any existing supply chain information 

19 gaps, as applicable; and 

20 (D) potential economic impact of increased 

21 domestic manufacturing; and 

22 (2) provide recommendations, which may include 

23 a plan to improve the resiliency of the supply chain 

24 for critical drugs and devices as described in para25 graph (1), and to address any supply vulnerabilities 
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1 or potential disruptions of such products that would 

2 significantly affect or pose a threat to public health 

3 security or national security, as appropriate, which 

4 may include strategies to— 

5 (A) promote supply chain redundancy and 

6 contingency planning; 

7 (B) encourage domestic manufacturing, in8 cluding consideration of economic impacts, if 

9 any; 

10 (C) improve supply chain information gaps; 

11 (D) improve planning considerations for 

12 medical product supply chain capacity during 

13 public health emergencies; and 

14 (E) promote the accessibility of such drugs 

15 and devices. 

16 (c) INPUT.—In conducting the study and developing 

17 the report under subsection (b), the National Academies 

18 shall— 

19 (1) consider input from the Department of 

20 Health and Human Services, the Department of 

21 Homeland Security, the Department of Defense, the 

22 Department of Commerce, the Department of State, 

23 the Department of Veterans Affairs, the Department 

24 of Justice, and any other Federal agencies as appro25 priate; and 
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1 (2) consult with relevant stakeholders, which 

2 may include conducting public meetings and other 

3 forms of engagement, as appropriate, with health care 

4 providers, medical professional societies, State-based 

5 societies, public health experts, State and local public 

6 health departments, State medical boards, patient 

7 groups, medical product manufacturers, health care 

8 distributors, wholesalers and group purchasing orga9 nizations, pharmacists, and other entities with experi10 ence in health care and public health, as appropriate. 

11 (d) DEFINITIONS.—In this section, the terms ‘‘device’’ 

12 and ‘‘drug’’ have the meanings given such terms in section 

13 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

14 321). 

15 SEC. 3102. REQUIRING THE STRATEGIC NATIONAL STOCK16 PILE TO INCLUDE CERTAIN TYPES OF MED17 ICAL SUPPLIES. 

18 Section 319F–2(a)(1) of the Public Health Service Act 

19 (42 U.S.C. 247d–6b(a)(1)) is amended by inserting ‘‘(in20 cluding personal protective equipment, ancillary medical 

21 supplies, and other applicable supplies required for the ad22 ministration of drugs, vaccines and other biological prod23 ucts, medical devices, and diagnostic tests in the stockpile)’’ 

24 after ‘‘other supplies’’. 
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1 SEC. 3103. TREATMENT OF RESPIRATORY PROTECTIVE DE2 VICES AS COVERED COUNTERMEASURES. 

3 Section 319F–3(i)(1)(D) of the Public Health Service 

4 Act (42 U.S.C. 247d–6d(i)(1)(D)) is amended to read as 

5 follows: 

6 ‘‘(D) a respiratory protective device that is 

7 approved by the National Institute for Occupa8 tional Safety and Health under part 84 of title 

9 42, Code of Federal Regulations (or any suc10 cessor regulations), and that the Secretary deter11 mines to be a priority for use during a public 

12 health emergency declared under section 319.’’. 

13 Subpart B—Mitigating Emergency Drug Shortages 

14 SEC. 3111. PRIORITIZE REVIEWS OF DRUG APPLICATIONS; 

15 INCENTIVES. 

16 Section 506C(g) of the Federal Food, Drug, and Cos17 metic Act (21 U.S.C. 356c(g)) is amended— 

18 (1) in paragraph (1), by striking ‘‘the Secretary 

19 may’’ and inserting ‘‘the Secretary shall, as appro20 priate’’; 

21 (2) in paragraph (1), by inserting ‘‘prioritize 

22 and’’ before ‘‘expedite the review’’; and 

23 (3) in paragraph (2), by inserting ‘‘prioritize 

24 and’’ before ‘‘expedite an inspection’’. 
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1 SEC. 3112. ADDITIONAL MANUFACTURER REPORTING RE2 QUIREMENTS IN RESPONSE TO DRUG SHORT3 AGES. 

4 (a) EXPANSION TO INCLUDE ACTIVE PHARMA5 CEUTICAL INGREDIENTS.—Subsection (a) of section 506C 

6 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

7 356c) is amended— 

8 (1) in paragraph (1)(C), by inserting ‘‘or any 

9 such drug that is critical to the public health during 

10 a public health emergency declared by the Secretary 

11 under section 319 of the Public Health Service Act’’ 

12 after ‘‘during surgery’’; and 

13 (2) in the flush text at the end— 

14 (A) by inserting ‘‘, or a permanent dis15 continuance in the manufacture of an active 

16 pharmaceutical ingredient or an interruption in 

17 the manufacture of the active pharmaceutical in18 gredient of such drug that is likely to lead to a 

19 meaningful disruption in the supply of the active 

20 pharmaceutical ingredient of such drug,’’ before 

21 ‘‘and the reasons’’; and 

22 (B) by adding at the end the following: 

23 ‘‘Notification under this subsection shall include 

24 disclosure of reasons for the discontinuation or 

25 interruption, and if applicable, an active phar26 maceutical ingredient is a reason for, or risk fac-
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1 tor in, such discontinuation or interruption, the 

2 source of the active pharmaceutical ingredient 

3 and any alternative sources for the active phar4 maceutical ingredient known by the manufac5 turer; whether any associated device used for 

6 preparation or administration included in the 

7 drug is a reason for, or a risk factor in, such dis8 continuation or interruption; the expected dura9 tion of the interruption; and such other informa10 tion as the Secretary may require.’’. 

11 (b) RISK MANAGEMENT.—Section 506C of the Federal 

12 Food, Drug, and Cosmetic Act (21 U.S.C. 356c) is amended 

13 by adding at the end the following: 

14 ‘‘(j) RISK MANAGEMENT PLANS.—Each manufacturer 

15 of a drug described in subsection (a) or of any active phar16 maceutical ingredient or any associated medical device used 

17 for preparation or administration included in the drug, 

18 shall develop, maintain, and implement, as appropriate, a 

19 redundancy risk management plan that identifies and eval20 uates risks to the supply of the drug, as applicable, for each 

21 establishment in which such drug or active pharmaceutical 

22 ingredient of such drug is manufactured. A risk manage23 ment plan under this section shall be subject to inspection 

24 and copying by the Secretary pursuant to an inspection 

25 or a request under section 704(a)(4).’’. 
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1 (c) ANNUAL NOTIFICATION.—Section 506E of the Fed2 eral Food, Drug, and Cosmetic Act (21 U.S.C. 356e) is 

3 amended by adding at the end the following: 

4 ‘‘(d) INTERAGENCY NOTIFICATION.—Not later than 

5 180 days after the date of enactment of this subsection, and 

6 every 90 days thereafter, the Secretary shall transmit a re7 port regarding the drugs of the current drug shortage list 

8 under this section to the Administrator of the Centers for 

9 Medicare & Medicaid Services.’’. 

10 (d) REPORTING AFTER INSPECTIONS.—Section 704(b) 

11 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

12 374(b)) is amended— 

13 (1) by redesignating paragraphs (1) and (2) and 

14 subparagraphs (A) and (B); 

15 (2) by striking ‘‘(b) Upon completion’’ and in16 serting ‘‘(b)(1) Upon completion’’; and 

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

18 ‘‘(2) In carrying out this subsection with respect to 

19 any establishment manufacturing a drug approved under 

20 subsection (c) or (j) of section 505 for which a notification 

21 has been submitted in accordance with section 506C is, or 

22 has been in the last 5 years, listed on the drug shortage 

23 list under section 506E, or that is described in section 

24 505(j)(11)(A), a copy of the report shall be sent promptly 
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1 to the appropriate offices of the Food and Drug Administra2 tion with expertise regarding drug shortages.’’. 

3 (e) REPORTING REQUIREMENT.—Section 510(j) of the 

4 Federal Food, Drug, Cosmetic Act (21 U.S.C. 360(j)) is 

5 amended— 

6 (1) by redesignating paragraphs (3) and (4) as 

7 paragraphs (4) and (5), respectively; and 

8 (2) by inserting after paragraph (2) the fol9 lowing: 

10 ‘‘(3)(A) Each person who registers with the Sec11 retary under this section with regard to a drug shall 

12 report annually to the Secretary on the amount of 

13 each drug listed under paragraph (1) that was manu14 factured, prepared, propagated, compounded, or proc15 essed by such person for commercial distribution. 

16 Such information may be required to be submitted in 

17 an electronic format as determined by the Secretary. 

18 The Secretary may require that information required 

19 to be reported under this paragraph be submitted at 

20 the time a public health emergency is declared by the 

21 Secretary under section 319 of the Public Health 

22 Service Act. 

23 ‘‘(B) By order of the Secretary, certain biological 

24 products or categories of biological products regulated 

25 under section 351 of the Public Health Service Act 
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1 may be exempt from some or all of the reporting re2 quirements under subparagraph (A), if the Secretary 

3 determines that applying such reporting requirements 

4 to such biological products or categories of biological 

5 products is not necessary to protect the public 

6 health.’’. 

7 (f) CONFIDENTIALITY.—Nothing in the amendments 

8 made by this section shall be construed as authorizing the 

9 Secretary to disclose any information that is a trade secret 

10 or confidential information subject to section 552(b)(4) of 

11 title 5, United States Code, or section 1905 of title 18, 

12 United States Code. 

13 (g) EFFECTIVE DATE.—The amendments made by this 

14 section and section 3111 shall take effect on the date that 

15 is 180 days after the date of enactment of this Act. 

16 Subpart C—Preventing Medical Device Shortages 

17 SEC. 3121. DISCONTINUANCE OR INTERRUPTION IN THE 

18 PRODUCTION OF MEDICAL DEVICES. 

19 Chapter V of the Federal Food, Drug, and Cosmetic 

20 Act (21 U.S.C. 351 et seq.) is amended by inserting after 

21 section 506I the following: 

22 ‘‘SEC. 506J. DISCONTINUANCE OR INTERRUPTION IN THE 

23 PRODUCTION OF MEDICAL DEVICES. 

24 ‘‘(a) IN GENERAL.—A manufacturer of a device that— 
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1 ‘‘(1) is critical to public health during a public 

2 health emergency, including devices that are life-sup3 porting, life-sustaining, or intended for use in emer4 gency medical care or during surgery; or 

5 ‘‘(2) for which the Secretary determines that in6 formation on potential meaningful supply disruptions 

7 of such device is needed during, or in advance of, a 

8 public health emergency; 

9 shall, during, or in advance of, a public health emergency 

10 declared by the Secretary under section 319 of the Public 

11 Health Service Act, notify the Secretary, in accordance with 

12 subsection (b), of a permanent discontinuance in the manu13 facture of the device (except for discontinuances as a result 

14 of an approved modification of the device) or an interrup15 tion of the manufacture of the device that is likely to lead 

16 to a meaningful disruption in the supply of that device in 

17 the United States, and the reasons for such discontinuance 

18 or interruption. 

19 ‘‘(b) TIMING.—A notice required under subsection (a) 

20 shall be submitted to the Secretary— 

21 ‘‘(1) at least 6 months prior to the date of the 

22 discontinuance or interruption; or 

23 ‘‘(2) if compliance with paragraph (1) is not 

24 possible, as soon as practicable. 

25 ‘‘(c) DISTRIBUTION.— 
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1 ‘‘(1) PUBLIC AVAILABILITY.—To the maximum 

2 extent practicable, subject to paragraph (2), the Sec3 retary shall distribute, through such means as the 

4 Secretary determines appropriate, information on the 

5 discontinuance or interruption of the manufacture of 

6 devices reported under subsection (a) to appropriate 

7 organizations, including physician, health provider, 

8 patient organizations, and supply chain partners, as 

9 appropriate and applicable, as described in subsection 

10 (g). 

11 ‘‘(2) PUBLIC HEALTH EXCEPTION.—The Sec12 retary may choose not to make information collected 

13 under this section publicly available pursuant to this 

14 section if the Secretary determines that disclosure of 

15 such information would adversely affect the public 

16 health, such as by increasing the possibility of unnec17 essary over purchase of product, component parts, or 

18 other disruption of the availability of medical prod19 ucts to patients. 

20 ‘‘(d) CONFIDENTIALITY.—Nothing in this section shall 

21 be construed as authorizing the Secretary to disclose any 

22 information that is a trade secret or confidential informa23 tion subject to section 552(b)(4) of title 5, United States 

24 Code, or section 1905 of title 18, United States Code. 
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1 ‘‘(e) FAILURE TO MEET REQUIREMENTS.—If a person 

2 fails to submit information required under subsection (a) 

3 in accordance with subsection (b)— 

4 ‘‘(1) the Secretary shall issue a letter to such 

5 person informing such person of such failure; 

6 ‘‘(2) not later than 30 calendar days after the 

7 issuance of a letter under paragraph (1), the person 

8 who receives such letter shall submit to the Secretary 

9 a written response to such letter setting forth the basis 

10 for noncompliance and providing information re11 quired under subsection (a); and 

12 ‘‘(3) not later than 45 calendar days after the 

13 issuance of a letter under paragraph (1), the Sec14 retary shall make such letter and any response to 

15 such letter under paragraph (2) available to the pub16 lic on the internet website of the Food and Drug Ad17 ministration, with appropriate redactions made to 

18 protect information described in subsection (d), except 

19 that, if the Secretary determines that the letter under 

20 paragraph (1) was issued in error or, after review of 

21 such response, the person had a reasonable basis for 

22 not notifying as required under subsection (a), the re23 quirements of this paragraph shall not apply. 

24 ‘‘(f) EXPEDITED INSPECTIONS AND REVIEWS.—If, 

25 based on notifications described in subsection (a) or any 
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1 other relevant information, the Secretary concludes that 

2 there is, or is likely to be, a shortage of an device, the Sec3 retary shall, as appropriate— 

4 ‘‘(1) prioritize and expedite the review of a sub5 mission under section 513(f)(2), 515, review of a noti6 fication under section 510(k), or 520(m) for a device 

7 that could help mitigate or prevent such shortage; or 

8 ‘‘(2) prioritize and expedite an inspection or re9 inspection of an establishment that could help miti10 gate or prevent such shortage. 

11 ‘‘(g) DEVICE SHORTAGE LIST.— 

12 ‘‘(1) ESTABLISHMENT.—The Secretary shall es13 tablish and maintain an up-to-date list of devices 

14 that are determined by the Secretary to be in shortage 

15 in the United States. 

16 ‘‘(2) CONTENTS.—For each device included on 

17 the list under paragraph (1), the Secretary shall in18 clude the following information: 

19 ‘‘(A) The category or name of the device in 

20 shortage. 

21 ‘‘(B) The name of each manufacturer of 

22 such device. 

23 ‘‘(C) The reason for the shortage, as deter24 mined by the Secretary, selecting from the fol25 lowing categories: 
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1 ‘‘(i) Requirements related to complying 

2 with good manufacturing practices. 

3 ‘‘(ii) Regulatory delay. 

4 ‘‘(iii) Shortage or discontinuance of a 

5 component or part. 

6 ‘‘(iv) Discontinuance of the manufac7 ture of the device. 

8 ‘‘(v) Delay in shipping of the device. 

9 ‘‘(vi) Delay in sterilization of the de10 vice. 

11 ‘‘(vii) Demand increase for the device. 

12 ‘‘(viii) Facility closure. 

13 ‘‘(D) The estimated duration of the shortage 

14 as determined by the Secretary. 

15 ‘‘(3) PUBLIC AVAILABILITY.— 

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graphs (B) and (C), the Secretary shall make the 

18 information in the list under paragraph (1) pub19 licly available. 

20 ‘‘(B) TRADE SECRETS AND CONFIDENTIAL

21 INFORMATION.—Nothing in this subsection shall 

22 be construed to alter or amend section 1905 of 

23 title 18, United States Code, or section 552(b)(4) 

24 of title 5 of such Code. 
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1 ‘‘(C) PUBLIC HEALTH EXCEPTION.—The 

2 Secretary may elect not to make information col3 lected under this subsection publicly available if 

4 the Secretary determines that disclosure of such 

5 information would adversely affect the public 

6 health (such as by increasing the possibility of 

7 hoarding or other disruption of the availability 

8 of the device to patients). 

9 ‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec10 tion shall be construed to affect the authority of the Sec11 retary on the date of enactment of this section to expedite 

12 the review of devices under section 515 of the Federal Food, 

13 Drug, and Cosmetic Act, section 515B of such Act relating 

14 to the priority review program for devices, and section 564 

15 of such Act relating to the emergency use authorization au16 thorities. 

17 ‘‘(i) DEFINITIONS.—In this section: 

18 ‘‘(1) MEANINGFUL DISRUPTION.—The term 

19 ‘meaningful disruption’— 

20 ‘‘(A) means a change in production that is 

21 reasonably likely to lead to a reduction in the 

22 supply of a device by a manufacturer that is 

23 more than negligible and affects the ability of the 

24 manufacturer to fill orders or meet expected de25 mand for its product; 
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1 ‘‘(B) does not include interruptions in man2 ufacturing due to matters such as routine main3 tenance or insignificant changes in manufac4 turing so long as the manufacturer expects to re5 sume operations in a short period of time, not to 

6 exceed 6 months; 

7 ‘‘(C) does not include interruptions in man8 ufacturing of components or raw materials so 

9 long as such interruptions do not result in a 

10 shortage of the device and the manufacturer ex11 pects to resume operations in a reasonable period 

12 of time; and 

13 ‘‘(D) does not include interruptions in 

14 manufacturing that do not lead to a reduction in 

15 procedures or diagnostic tests associated with a 

16 medical device designed to perform more than 

17 one procedure or diagnostic test. 

18 ‘‘(2) SHORTAGE.—The term ‘shortage’, with re19 spect to a device, means a period of time when the de20 mand or projected demand for the device within the 

21 United States exceeds the supply of the device.’’. 
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1 PART II—ACCESS TO HEALTH CARE FOR COVID– 

2 19 PATIENTS 

3 Subpart A—Coverage of Testing and Preventive 

4 Services 

5 SEC. 3201. COVERAGE OF DIAGNOSTIC TESTING FOR 

6 COVID–19. 

7 Paragraph (1) of section 6001(a) of division F of the 

8 Families First Coronavirus Response Act (Public Law 116– 

9 127) is amended to read as follows: 

10 ‘‘(1) An in vitro diagnostic test defined in sec11 tion 809.3 of title 21, Code of Federal Regulations (or 

12 successor regulations) for the detection of SARS–CoV– 

13 2 or the diagnosis of the virus that causes COVID– 

14 19, and the administration of such a test, that— 

15 ‘‘(A) is approved, cleared, or authorized 

16 under section 510(k), 513, 515, or 564 of the 

17 Federal Food, Drug, and Cosmetic Act (21 

18 U.S.C. 360(k), 360c, 360e, 360bbb–3); 

19 ‘‘(B) the developer has requested, or intends 

20 to request, emergency use authorization under 

21 section 564 of the Federal Food, Drug, and Cos22 metic Act (21 U.S.C. 360bbb–3), unless and until 

23 the emergency use authorization request under 

24 such section 564 has been denied or the developer 

25 of such test does not submit a request under such 

26 section within a reasonable timeframe; 
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1 ‘‘(C) is developed in and authorized by a 

2 State that has notified the Secretary of Health 

3 and Human Services of its intention to review 

4 tests intended to diagnose COVID–19; or 

5 ‘‘(D) other test that the Secretary deter6 mines appropriate in guidance.’’. 

7 SEC. 3202. PRICING OF DIAGNOSTIC TESTING. 

8 (a) REIMBURSEMENT RATES.—A group health plan or 

9 a health insurance issuer providing coverage of items and 

10 services described in section 6001(a) of division F of the 

11 Families First Coronavirus Response Act (Public Law 116– 

12 127) with respect to an enrollee shall reimburse the provider 

13 of the diagnostic testing as follows: 

14 (1) If the health plan or issuer has a negotiated 

15 rate with such provider in effect before the public 

16 health emergency declared under section 319 of the 

17 Public Health Service Act (42 U.S.C. 247d), such ne18 gotiated rate shall apply throughout the period of 

19 such declaration. 

20 (2) If the health plan or issuer does not have a 

21 negotiated rate with such provider, such plan or 

22 issuer shall reimburse the provider in an amount that 

23 equals the cash price for such service as listed by the 

24 provider on a public internet website, or such plan or 
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1 issuer may negotiate a rate with such provider for 

2 less than such cash price. 

3 (b) REQUIREMENT TO PUBLICIZE CASH PRICE FOR

4 DIAGNOSTIC TESTING FOR COVID–19.— 

5 (1) IN GENERAL.—During the emergency period 

6 declared under section 319 of the Public Health Serv7 ice Act (42 U.S.C. 247d), each provider of a diag8 nostic test for COVID–19 shall make public the cash 

9 price for such test on a public internet website of such 

10 provider. 

11 (2) CIVIL MONETARY PENALTIES.—The Secretary 

12 of Health and Human Services may impose a civil 

13 monetary penalty on any provider of a diagnostic test 

14 for COVID–19 that is not in compliance with para15 graph (1) and has not completed a corrective action 

16 plan to comply with the requirements of such para17 graph, in an amount not to exceed $300 per day that 

18 the violation is ongoing. 

19 SEC. 3203. RAPID COVERAGE OF PREVENTIVE SERVICES 

20 AND VACCINES FOR CORONAVIRUS. 

21 (a) IN GENERAL.—Notwithstanding 2713(b) of the 

22 Public Health Service Act (42 U.S.C. 300gg–13), the Sec23 retary of Health and Human Services, the Secretary of 

24 Labor, and the Secretary of the Treasury shall require 

25 group health plans and health insurance issuers offering 
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1 group or individual health insurance to cover (without cost2 sharing) any qualifying coronavirus preventive service, 

3 pursuant to section 2713(a) of the Public Health Service 

4 Act (42 U.S.C. 300gg–13(a)) (including the regulations 

5 under sections 2590.715–2713 of title 29, Code of Federal 

6 Regulations, section 54.9815–2713 of title 26, Code of Fed7 eral Regulations, and section 147.130 of title 45, Code of 

8 Federal Regulations (or any successor regulations)). The re9 quirement described in this subsection shall take effect with 

10 respect to a qualifying coronavirus preventive service on the 

11 specified date described in subsection (b)(2). 

12 (b) DEFINITIONS.—For purposes of this section: 

13 (1) QUALIFYING CORONAVIRUS PREVENTIVE

14 SERVICE.—The term ‘‘qualifying coronavirus preven15 tive service’’ means an item, service, or immunization 

16 that is intended to prevent or mitigate coronavirus 

17 disease 2019 and that is— 

18 (A) an evidence-based item or service that 

19 has in effect a rating of ‘‘A’’ or ‘‘B’’ in the cur20 rent recommendations of the United States Pre21 ventive Services Task Force; or 

22 (B) an immunization that has in effect a 

23 recommendation from the Advisory Committee 

24 on Immunization Practices of the Centers for 
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1 Disease Control and Prevention with respect to 

2 the individual involved. 

3 (2) SPECIFIED DATE.—The term ‘‘specified date’’ 

4 means the date that is 15 business days after the date 

5 on which a recommendation is made relating to the 

6 qualifying coronavirus preventive service as described 

7 in such paragraph. 

8 (3) ADDITIONAL TERMS.—In this section, the 

9 terms ‘‘group health plan’’, ‘‘health insurance issuer’’, 

10 ‘‘group health insurance coverage’’, and ‘‘individual 

11 health insurance coverage’’ have the meanings given 

12 such terms in section 2791 of the Public Health Serv13 ice Act (42 U.S.C. 300gg–91), section 733 of the Em14 ployee Retirement Income Security Act of 1974 (29 

15 U.S.C. 1191b), and section 9832 of the Internal Rev16 enue Code, as applicable. 

17 Subpart B—Support for Health Care Providers 

18 SEC. 3211. SUPPLEMENTAL AWARDS FOR HEALTH CENTERS. 

19 (a) SUPPLEMENTAL AWARDS.—Section 330(r) of the 

20 Public Health Service Act (42 U.S.C. 254b(r)) is amended 

21 by adding at the end the following: 

22 ‘‘(6) ADDITIONAL AMOUNTS FOR SUPPLEMENTAL

23 AWARDS.—In addition to any amounts made avail24 able pursuant to this subsection, section 402A of this 

25 Act, or section 10503 of the Patient Protection and 
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1 Affordable Care Act, there is authorized to be appro2 priated, and there is appropriated, out of any monies 

3 in the Treasury not otherwise appropriated, 

4 $1,320,000,000 for fiscal year 2020 for supplemental 

5 awards under subsection (d) for the detection of 

6 SARS–CoV–2 or the prevention, diagnosis, and treat7 ment of COVID–19.’’. 

8 (b) APPLICATION OF PROVISIONS.—Amounts appro9 priated pursuant to the amendment made by subsection (a) 

10 for fiscal year 2020 shall be subject to the requirements con11 tained in Public Law 116–94 for funds for programs au12 thorized under sections 330 through 340 of the Public 

13 Health Service Act (42 U.S.C. 254 through 256). 

14 SEC. 3212. TELEHEALTH NETWORK AND TELEHEALTH RE15 SOURCE CENTERS GRANT PROGRAMS. 

16 Section 330I of the Public Health Service Act (42 

17 U.S.C. 254c–14) is amended— 

18 (1) in subsection (d)— 

19 (A) in paragraph (1)— 

20 (i) in the matter preceding subpara21 graph (A), by striking ‘‘projects to dem22 onstrate how telehealth technologies can be 

23 used through telehealth networks’’ and in24 serting ‘‘evidence-based projects that utilize 
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1 telehealth technologies through telehealth 

2 networks’’; 

3 (ii) in subparagraph (A)— 

4 (I) by striking ‘‘the quality of’’ 

5 and inserting ‘‘access to, and the qual6 ity of,’’; and 

7 (II) by inserting ‘‘and’’ after the 

8 semicolon; 

9 (iii) by striking subparagraph (B); 

10 (iv) by redesignating subparagraph (C) 

11 as subparagraph (B); and 

12 (v) in subparagraph (B), as so redesig13 nated, by striking ‘‘and patients and their 

14 families, for decisionmaking’’ and inserting 

15 ‘‘, patients, and their families’’; and 

16 (B) in paragraph (2)— 

17 (i) by striking ‘‘demonstrate how tele18 health technologies can be used’’ and insert19 ing ‘‘support initiatives that utilize tele20 health technologies’’; and 

21 (ii) by striking ‘‘, to establish telehealth 

22 resource centers’’; 

23 (2) in subsection (e), by striking ‘‘4 years’’ and 

24 inserting ‘‘5 years’’; 

25 (3) in subsection (f)— 
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1 (A) by striking paragraph (2); 

2 (B) in paragraph (1)(B)— 

3 (i) by redesignating clauses (i) through 

4 (iii) as paragraphs (1) through (3), respec5 tively, and adjusting the margins accord6 ingly; 

7 (ii) in paragraph (3), as so redesig8 nated by clause (i), by redesignating sub9 clauses (I) through (XII) as subparagraphs 

10 (A) through (L), respectively, and adjusting 

11 the margins accordingly; and 

12 (iii) by striking ‘‘(1) TELEHEALTH

13 NETWORK GRANTS—’’ and all that follows 

14 through ‘‘(B) TELEHEALTH NETWORKS—’’; 

15 and 

16 (C) in paragraph (3)(I), as so redesignated, 

17 by inserting ‘‘and substance use disorder’’ after 

18 ‘‘mental health’’ each place such term appears; 

19 (4) in subsection (g)(2), by striking ‘‘or im20 prove’’ and inserting ‘‘and improve’’; 

21 (5) by striking subsection (h); 

22 (6) by redesignating subsections (i) through (p) 

23 as subsection (h) through (o), respectively; 

24 (7) in subsection (h), as so redesignated— 

25 (A) in paragraph (1)— 
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1 (i) in subparagraph (B), by striking 

2 ‘‘mental health, public health, long-term 

3 care, home care, preventive’’ and inserting 

4 ‘‘mental health care, public health services, 

5 long-term care, home care, preventive care’’; 

6 (ii) in subparagraph (E), by inserting 

7 ‘‘and regional’’ after ‘‘local’’; and 

8 (iii) by striking subparagraph (F); 

9 and 

10 (B) in paragraph (2)(A), by striking 

11 ‘‘medically underserved areas or’’ and inserting 

12 ‘‘rural areas, medically underserved areas, or’’; 

13 (8) in paragraph (2) of subsection (i), as so re14 designated, by striking ‘‘ensure that—’’ and all that 

15 follows through the end of subparagraph (B) and in16 serting ‘‘ensure that not less than 50 percent of the 

17 funds awarded shall be awarded for projects in rural 

18 areas.’’; 

19 (9) in subsection (j), as so redesignated— 

20 (A) in paragraph (1)(B), by striking ‘‘com21 puter hardware and software, audio and video 

22 equipment, computer network equipment, inter23 active equipment, data terminal equipment, and 

24 other’’; and 
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1 (B) in paragraph (2)(F), by striking 

2 ‘‘health care providers and’’; 

3 (10) in subsection (k), as so redesignated— 

4 (A) in paragraph (2), by striking ‘‘40 per5 cent’’ and inserting ‘‘20 percent’’; and 

6 (B) in paragraph (3), by striking ‘‘(such as 

7 laying cable or telephone lines, or purchasing or 

8 installing microwave towers, satellite dishes, am9 plifiers, or digital switching equipment)’’; 

10 (11) by striking subsections (q) and (r) and in11 serting the following: 

12 ‘‘(p) REPORT.—Not later than 4 years after the date 

13 of enactment of the Coronavirus Aid, Relief, and Economic 

14 Security Act, and every 5 years thereafter, the Secretary 

15 shall prepare and submit to the Committee on Health, Edu16 cation, Labor, and Pensions of the Senate and the Com17 mittee on Energy and Commerce of the House of Represent18 atives a report on the activities and outcomes of the grant 

19 programs under subsection (b).’’; 

20 (12) by redesignating subsection (s) as subsection 

21 (q); and 

22 (13) in subsection (q), as so redesignated, by 

23 striking ‘‘this section—’’ and all that follows through 

24 the end of paragraph (2) and inserting ‘‘this section 
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1 $29,000,000 for each of fiscal years 2021 through 

2 2025.’’. 

3 SEC. 3213. RURAL HEALTH CARE SERVICES OUTREACH, 

4 RURAL HEALTH NETWORK DEVELOPMENT, 

5 AND SMALL HEALTH CARE PROVIDER QUAL6 ITY IMPROVEMENT GRANT PROGRAMS. 

7 Section 330A of the Public Health Service Act (42 

8 U.S.C. 254c) is amended— 

9 (1) in subsection (d)(2)— 

10 (A) in subparagraph (A), by striking ‘‘es11 sential’’ and inserting ‘‘basic’’; and 

12 (B) in subparagraph (B)— 

13 (i) in the matter preceding clause (i), 

14 by inserting ‘‘to’’ after ‘‘grants’’; and 

15 (ii) in clauses (i), (ii), and (iii), by 

16 striking ‘‘to’’ each place such term appears; 

17 (2) in subsection (e)— 

18 (A) in paragraph (1)— 

19 (i) by inserting ‘‘improving and’’ after 

20 ‘‘outreach by’’; 

21 (ii) by inserting ‘‘, through community 

22 engagement and evidence-based or innova23 tive, evidence-informed models’’ before the 

24 period of the first sentence; and 
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1 (iii) by striking ‘‘3 years’’ and insert2 ing ‘‘5 years’’; 

3 (B) in paragraph (2)— 

4 (i) in the matter preceding subpara5 graph (A), by inserting ‘‘shall’’ after ‘‘enti6 ty’’; 

7 (ii) in subparagraph (A), by striking 

8 ‘‘shall be a rural public or rural nonprofit 

9 private entity’’ and inserting ‘‘be an entity 

10 with demonstrated experience serving, or the 

11 capacity to serve, rural underserved popu12 lations’’; 

13 (iii) in subparagraphs (B) and (C), by 

14 striking ‘‘shall’’ each place such term ap15 pears; and 

16 (iv) in subparagraph (B)— 

17 (I) in the matter preceding clause 

18 (i), by inserting ‘‘that’’ after ‘‘mem19 bers’’; and 

20 (II) in clauses (i) and (ii), by 

21 striking ‘‘that’’ each place such term 

22 appears; and 

23 (C) in paragraph (3)(C), by striking ‘‘the 

24 local community or region’’ and inserting ‘‘the 
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1 rural underserved populations in the local com2 munity or region’’; 

3 (3) in subsection (f)— 

4 (A) in paragraph (1)— 

5 (i) in subparagraph (A)— 

6 (I) in the matter preceding clause 

7 (i), by striking ‘‘promote, through 

8 planning and implementation, the de9 velopment of integrated health care 

10 networks that have combined the func11 tions of the entities participating in 

12 the networks’’ and inserting ‘‘plan, de13 velop, and implement integrated health 

14 care networks that collaborate’’; and 

15 (II) in clause (ii), by striking ‘‘es16 sential health care services’’ and insert17 ing ‘‘basic health care services and as18 sociated health outcomes’’; and 

19 (ii) by amending subparagraph (B) to 

20 read as follows: 

21 ‘‘(B) GRANT PERIODS.—The Director may 

22 award grants under this subsection for periods of 

23 not more than 5 years.’’; 

24 (B) in paragraph (2)— 
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1 (i) in the matter preceding subpara2 graph (A), by inserting ‘‘shall’’ after ‘‘enti3 ty’’; 

4 (ii) in subparagraph (A), by striking 

5 ‘‘shall be a rural public or rural nonprofit 

6 private entity’’ and inserting ‘‘be an entity 

7 with demonstrated experience serving, or the 

8 capacity to serve, rural underserved popu9 lations’’; 

10 (iii) in subparagraph (B)— 

11 (I) in the matter preceding clause 

12 (i)— 

13 (aa) by striking ‘‘shall’’; and 

14 (bb) by inserting ‘‘that’’ after 

15 ‘‘participants’’; and 

16 (II) in clauses (i) and (ii), by 

17 striking ‘‘that’’ each place such term 

18 appears; and 

19 (iv) in subparagraph (C), by striking 

20 ‘‘shall’’; and 

21 (C) in paragraph (3)— 

22 (i) by amending clause (iii) of sub23 paragraph (C) to read as follows: 

24 ‘‘(iii) how the rural underserved popu25 lations in the local community or region to 
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1 be served will benefit from and be involved 

2 in the development and ongoing operations 

3 of the network;’’; and 

4 (ii) in subparagraph (D), by striking 

5 ‘‘the local community or region’’ and insert6 ing ‘‘the rural underserved populations in 

7 the local community or region’’; 

8 (4) in subsection (g)— 

9 (A) in paragraph (1)— 

10 (i) by inserting ‘‘, including activities 

11 related to increasing care coordination, en12 hancing chronic disease management, and 

13 improving patient health outcomes’’ before 

14 the period of the first sentence; and 

15 (ii) by striking ‘‘3 years’’ and insert16 ing ‘‘5 years’’; 

17 (B) in paragraph (2)— 

18 (i) in the matter preceding subpara19 graph (A), by inserting ‘‘shall’’ after ‘‘enti20 ty’’; 

21 (ii) in subparagraphs (A) and (B), by 

22 striking ‘‘shall’’ each place such term ap23 pears; and 

24 (iii) in subparagraph (A)(ii), by in25 serting ‘‘or regional’’ after ‘‘local’’; and 
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1 (C) in paragraph (3)(D), by striking ‘‘the 

2 local community or region’’ and inserting ‘‘the 

3 rural underserved populations in the local com4 munity or region’’; 

5 (5) in subsection (h)(3), in the matter preceding 

6 subparagraph (A), by inserting ‘‘, as appropriate,’’ 

7 after ‘‘the Secretary’’; 

8 (6) by amending subsection (i) to read as fol9 lows: 

10 ‘‘(i) REPORT.—Not later than 4 years after the date 

11 of enactment of the Coronavirus Aid, Relief, and Economic 

12 Security Act, and every 5 years thereafter, the Secretary 

13 shall prepare and submit to the Committee on Health, Edu14 cation, Labor, and Pensions of the Senate and the Com15 mittee on Energy and Commerce of the House of Represent16 atives a report on the activities and outcomes of the grant 

17 programs under subsections (e), (f), and (g), including the 

18 impact of projects funded under such programs on the 

19 health status of rural residents with chronic conditions.’’; 

20 and 

21 (7) in subsection (j), by striking ‘‘$45,000,000 

22 for each of fiscal years 2008 through 2012’’ and in23 serting ‘‘$79,500,000 for each of fiscal years 2021 

24 through 2025’’. 
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1 SEC. 3214. UNITED STATES PUBLIC HEALTH SERVICE MOD2 ERNIZATION. 

3 (a) COMMISSIONED CORPS AND READY RESERVE

4 CORPS.—Section 203 of the Public Health Service Act (42 

5 U.S.C. 204) is amended— 

6 (1) in subsection (a)(1), by striking ‘‘a Ready 

7 Reserve Corps for service in time of national emer8 gency’’ and inserting ‘‘, for service in time of a public 

9 health or national emergency, a Ready Reserve 

10 Corps’’; and 

11 (2) in subsection (c)— 

12 (A) in the heading, by striking ‘‘RE13 SEARCH’’ and inserting ‘‘RESERVE CORPS’’; 

14 (B) in paragraph (1), by inserting ‘‘during 

15 public health or national emergencies’’ before the 

16 period; 

17 (C) in paragraph (2)— 

18 (i) in the matter preceding subpara19 graph (A), by inserting ‘‘, consistent with 

20 paragraph (1)’’ after ‘‘shall’’; 

21 (ii) in subparagraph (C), by inserting 

22 ‘‘during such emergencies’’ after ‘‘members’’; 

23 and 

24 (iii) in subparagraph (D), by inserting 

25 ‘‘, consistent with subparagraph (C)’’ before 

26 the period; and 
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1 (D) by adding at the end the following: 

2 ‘‘(3) STATUTORY REFERENCES TO RESERVE.—A 

3 reference in any Federal statute, except in the case of 

4 subsection (b), to the ‘Reserve Corps’ of the Public 

5 Health Service or to the ‘reserve’ of the Public Health 

6 Service shall be deemed to be a reference to the Ready 

7 Reserve Corps.’’. 

8 (b) DEPLOYMENT READINESS.—Section 

9 203A(a)(1)(B) of the Public Health Service Act (42 U.S.C. 

10 204a(a)(1)(B)) is amended by striking ‘‘Active Reserves’’ 

11 and inserting ‘‘Ready Reserve Corps’’. 

12 (c) RETIREMENT OF COMMISSIONED OFFICERS.—Sec13 tion 211 of the Public Health Service Act (42 U.S.C. 212) 

14 is amended— 

15 (1) by striking ‘‘the Service’’ each place it ap16 pears and inserting ‘‘the Regular Corps’’; 

17 (2) in subsection (a)(4), by striking ‘‘(in the case 

18 of an officer in the Reserve Corps)’’; 

19 (3) in subsection (c)— 

20 (A) in paragraph (1)— 

21 (i) by striking ‘‘or an officer of the Re22 serve Corps’’; and 

23 (ii) by inserting ‘‘or under section 

24 221(a)(19)’’ after ‘‘subsection (a)’’; and 
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1 (B) in paragraph (2), by striking ‘‘Regular 

2 or Reserve Corps’’ and inserting ‘‘Regular Corps 

3 or Ready Reserve Corps’’; and 

4 (4) in subsection (f), by striking ‘‘the Regular or 

5 Reserve Corps of’’. 

6 (d) RIGHTS, PRIVILEGES, ETC. OF OFFICERS AND

7 SURVIVING BENEFICIARIES.—Section 221 of the Public 

8 Health Service Act (42 U.S.C. 213a) is amended— 

9 (1) in subsection (a), by adding at the end the 

10 following: 

11 ‘‘(19) Chapter 1223, Retired Pay for Non-Reg12 ular Service. 

13 ‘‘(20) Section 12601, Compensation: Reserve on 

14 active duty accepting from any person. 

15 ‘‘(21) Section 12684, Reserves: separation for ab16 sence without authority or sentence to imprison17 ment.’’; and 

18 (2) in subsection (b)— 

19 (A) by striking ‘‘Secretary of Health, Edu20 cation, and Welfare or his designee’’ and insert21 ing ‘‘Secretary of Health and Human Services 

22 or the designee of such secretary’’; 

23 (B) by striking ‘‘(b) The authority vested’’ 

24 and inserting the following: 

25 ‘‘(b)(1) The authority vested’’; 
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1 (C) by striking ‘‘For purposes of’’ and in2 serting the following: 

3 ‘‘(2) For purposes of’’; and 

4 (D) by adding at the end the following: 

5 ‘‘(3) For purposes of paragraph (19) of subsection (a), 

6 the terms ‘Military department’, ‘Secretary concerned’, and 

7 ‘Armed forces’ in such title 10 shall be deemed to include, 

8 respectively, the Department of Health and Human Serv9 ices, the Secretary of Health and Human Services, and the 

10 Commissioned Corps.’’. 

11 (e) TECHNICAL AMENDMENTS.—Title II of the Public 

12 Health Service Act (42 U.S.C. 202 et seq.) is amended— 

13 (1) in sections 204 and 207(c), by striking ‘‘Reg14 ular or Reserve Corps’’ each place it appears and in15 serting ‘‘Regular Corps or Ready Reserve Corps’’; 

16 (2) in section 208(a), by striking ‘‘Regular and 

17 Reserve Corps’’ each place it appears and inserting 

18 ‘‘Regular Corps and Ready Reserve Corps’’; and 

19 (3) in section 205(c), 206(c), 210, and 219, and 

20 in subsections (a), (b), and (d) of section 207, by 

21 striking ‘‘Reserve Corps’’ each place it appears and 

22 inserting ‘‘Ready Reserve Corps’’. 
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1 SEC. 3215. LIMITATION ON LIABILITY FOR VOLUNTEER 

2 HEALTH CARE PROFESSIONALS DURING 

3 COVID–19 EMERGENCY RESPONSE. 

4 (a) LIMITATION ON LIABILITY.—Except as provided in 

5 subsection (b), a health care professional shall not be liable 

6 under Federal or State law for any harm caused by an act 

7 or omission of the professional in the provision of health 

8 care services during the public health emergency with re9 spect to COVID–19 declared by the Secretary of Health and 

10 Human Services (referred to in this section as the ‘‘Sec11 retary’’) under section 319 of the Public Health Service Act 

12 (42 U.S.C. 247d) on January 31, 2020, if— 

13 (1) the professional is providing health care serv14 ices in response to such public health emergency, as 

15 a volunteer; and 

16 (2) the act or omission occurs— 

17 (A) in the course of providing health care 

18 services; 

19 (B) in the health care professional’s capac20 ity as a volunteer; 

21 (C) in the course of providing health care 

22 services that— 

23 (i) are within the scope of the license, 

24 registration, or certification of the volun25 teer, as defined by the State of licensure, 

26 registration, or certification; and 
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1 (ii) do not exceed the scope of license, 

2 registration, or certification of a substan3 tially similar health professional in the 

4 State in which such act or omission occurs; 

5 and 

6 (D) in a good faith belief that the indi7 vidual being treated is in need of health care 

8 services. 

9 (b) EXCEPTIONS.—Subsection (a) does not apply if— 

10 (1) the harm was caused by an act or omission 

11 constituting willful or criminal misconduct, gross 

12 negligence, reckless misconduct, or a conscious fla13 grant indifference to the rights or safety of the indi14 vidual harmed by the health care professional; or 

15 (2) the health care professional rendered the 

16 health care services under the influence (as deter17 mined pursuant to applicable State law) of alcohol or 

18 an intoxicating drug. 

19 (c) PREEMPTION.— 

20 (1) IN GENERAL.—This section preempts the 

21 laws of a State or any political subdivision of a State 

22 to the extent that such laws are inconsistent with this 

23 section, unless such laws provide greater protection 

24 from liability. 
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1 (2) VOLUNTEER PROTECTION ACT.—Protections 

2 afforded by this section are in addition to those pro3 vided by the Volunteer Protection Act of 1997 (Public 

4 Law 105–19). 

5 (d) DEFINITIONS.—In this section— 

6 (1) the term ‘‘harm’’ includes physical, nonphys7 ical, economic, and noneconomic losses; 

8 (2) the term ‘‘health care professional’’ means an 

9 individual who is licensed, registered, or certified 

10 under Federal or State law to provide health care 

11 services; 

12 (3) the term ‘‘health care services’’ means any 

13 services provided by a health care professional, or by 

14 any individual working under the supervision of a 

15 health care professional that relate to— 

16 (A) the diagnosis, prevention, or treatment 

17 of COVID–19; or 

18 (B) the assessment or care of the health of 

19 a human being related to an actual or suspected 

20 case of COVID–19; and 

21 (4) the term ‘‘volunteer’’ means a health care 

22 professional who, with respect to the health care serv23 ices rendered, does not receive compensation or any 

24 other thing of value in lieu of compensation, which 

25 compensation— 
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1 (A) includes a payment under any insur2 ance policy or health plan, or under any Federal 

3 or State health benefits program; and 

4 (B) excludes— 

5 (i) receipt of items to be used exclu6 sively for rendering health care services in 

7 the health care professional’s capacity as a 

8 volunteer described in subsection (a)(1); and 

9 (ii) any reimbursement for travel to 

10 the site where the volunteer services are ren11 dered and any payments in cash or kind to 

12 cover room and board, if services are being 

13 rendered more than 75 miles from the vol14 unteer’s principal place of residence. 

15 (e) EFFECTIVE DATE.—This section shall take effect 

16 upon the date of enactment of this Act, and applies to a 

17 claim for harm only if the act or omission that caused such 

18 harm occurred on or after the date of enactment. 

19 (f) SUNSET.—This section shall be in effect only for 

20 the length of the public health emergency declared by the 

21 Secretary of Health and Human Services (referred to in 

22 this section as the ‘‘Secretary’’) under section 319 of the 

23 Public Health Service Act (42 U.S.C. 247d) on January 

24 31, 2020 with respect to COVID–19. 
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1 SEC. 3216. FLEXIBILITY FOR MEMBERS OF NATIONAL 

2 HEALTH SERVICE CORPS DURING EMER3 GENCY PERIOD. 

4 During the public health emergency declared by the 

5 Secretary of Health and Human Services under section 319 

6 of the Public Health Service Act (42 U.S.C. 247d) on Janu7 ary 31, 2020, with respect to COVID–19, the Secretary 

8 may, notwithstanding section 333 of the Public Health 

9 Service Act (42 U.S.C. 254f), assign members of the Na10 tional Health Service Corps, with the voluntary agreement 

11 of such corps members, to provide such health services at 

12 such places, and for such number of hours, as the Secretary 

13 determines necessary to respond to such emergency, pro14 vided that such places are within a reasonable distance of 

15 the site to which such members were originally assigned, 

16 and the total number of hours required are the same as were 

17 required of such members prior to the date of enactment 

18 of this Act. 

19 Subpart C—Miscellaneous Provisions 

20 SEC. 3221. CONFIDENTIALITY AND DISCLOSURE OF 

21 RECORDS RELATING TO SUBSTANCE USE DIS22 ORDER. 

23 (a) CONFORMING CHANGES RELATING TO SUBSTANCE

24 USE DISORDER.—Subsections (a) and (h) of section 543 

25 of the Public Health Service Act (42 U.S.C. 290dd–2) are 
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1 each amended by striking ‘‘substance abuse’’ and inserting 

2 ‘‘substance use disorder’’. 

3 (b) DISCLOSURES TO COVERED ENTITIES CONSISTENT

4 WITH HIPAA.—Paragraph (1) of section 543(b) of the 

5 Public Health Service Act (42 U.S.C. 290dd–2(b)) is 

6 amended to read as follows: 

7 ‘‘(1) CONSENT.—The following shall apply with 

8 respect to the contents of any record referred to in 

9 subsection (a): 

10 ‘‘(A) Such contents may be used or disclosed 

11 in accordance with the prior written consent of 

12 the patient with respect to whom such record is 

13 maintained. 

14 ‘‘(B) Once prior written consent of the pa15 tient has been obtained, such contents may be 

16 used or disclosed by a covered entity, business as17 sociate, or a program subject to this section for 

18 purposes of treatment, payment, and health care 

19 operations as permitted by the HIPAA regula20 tions. Any information so disclosed may then be 

21 redisclosed in accordance with the HIPAA regu22 lations. Section 13405(c) of the Health Informa23 tion Technology and Clinical Health Act (42 

24 U.S.C. 17935(c)) shall apply to all disclosures 

25 pursuant to subsection (b)(1) of this section. 
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1 ‘‘(C) It shall be permissible for a patient’s 

2 prior written consent to be given once for all 

3 such future uses or disclosures for purposes of 

4 treatment, payment, and health care operations, 

5 until such time as the patient revokes such con6 sent in writing. 

7 ‘‘(D) Section 13405(a) of the Health Infor8 mation Technology and Clinical Health Act (42 

9 U.S.C. 17935(a)) shall apply to all disclosures 

10 pursuant to subsection (b)(1) of this section.’’. 

11 (c) DISCLOSURES OF DE-IDENTIFIED HEALTH INFOR12 MATION TO PUBLIC HEALTH AUTHORITIES.—Paragraph 

13 (2) of section 543(b) of the Public Health Service Act (42 

14 U.S.C. 290dd–2(b)), is amended by adding at the end the 

15 following: 

16 ‘‘(D) To a public health authority, so long 

17 as such content meets the standards established 

18 in section 164.514(b) of title 45, Code of Federal 

19 Regulations (or successor regulations) for cre20 ating de-identified information.’’. 

21 (d) DEFINITIONS.—Section 543 of the Public Health 

22 Service Act (42 U.S.C. 290dd–2) is amended by adding at 

23 the end the following: 

24 ‘‘(k) DEFINITIONS.—For purposes of this section: 
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1 ‘‘(1) BREACH.—The term ‘breach’ has the mean2 ing given such term for purposes of the HIPAA regu3 lations. 

4 ‘‘(2) BUSINESS ASSOCIATE.—The term ‘business 

5 associate’ has the meaning given such term for pur6 poses of the HIPAA regulations. 

7 ‘‘(3) COVERED ENTITY.—The term ‘covered enti8 ty’ has the meaning given such term for purposes of 

9 the HIPAA regulations. 

10 ‘‘(4) HEALTH CARE OPERATIONS.—The term 

11 ‘health care operations’ has the meaning given such 

12 term for purposes of the HIPAA regulations. 

13 ‘‘(5) HIPAA REGULATIONS.—The term ‘HIPAA 

14 regulations’ has the meaning given such term for pur15 poses of parts 160 and 164 of title 45, Code of Federal 

16 Regulations. 

17 ‘‘(6) PAYMENT.—The term ‘payment’ has the 

18 meaning given such term for purposes of the HIPAA 

19 regulations. 

20 ‘‘(7) PUBLIC HEALTH AUTHORITY.—The term 

21 ‘public health authority’ has the meaning given such 

22 term for purposes of the HIPAA regulations. 

23 ‘‘(8) TREATMENT.—The term ‘treatment’ has the 

24 meaning given such term for purposes of the HIPAA 

25 regulations. 
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1 ‘‘(9) UNSECURED PROTECTED HEALTH INFORMA2 TION.—The term ‘unprotected health information’ has 

3 the meaning given such term for purposes of the 

4 HIPAA regulations.’’. 

5 (e) USE OF RECORDS IN CRIMINAL, CIVIL, OR ADMIN6 ISTRATIVE INVESTIGATIONS, ACTIONS, OR PROCEEDINGS.— 

7 Subsection (c) of section 543 of the Public Health Service 

8 Act (42 U.S.C. 290dd–2(c)) is amended to read as follows: 

9 ‘‘(c) USE OF RECORDS IN CRIMINAL, CIVIL, OR ADMIN10 ISTRATIVE CONTEXTS.—Except as otherwise authorized by 

11 a court order under subsection (b)(2)(C) or by the consent 

12 of the patient, a record referred to in subsection (a), or testi13 mony relaying the information contained therein, may not 

14 be disclosed or used in any civil, criminal, administrative, 

15 or legislative proceedings conducted by any Federal, State, 

16 or local authority, against a patient, including with respect 

17 to the following activities: 

18 ‘‘(1) Such record or testimony shall not be en19 tered into evidence in any criminal prosecution or 

20 civil action before a Federal or State court. 

21 ‘‘(2) Such record or testimony shall not form 

22 part of the record for decision or otherwise be taken 

23 into account in any proceeding before a Federal, 

24 State, or local agency. 
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1 ‘‘(3) Such record or testimony shall not be used 

2 by any Federal, State, or local agency for a law en3 forcement purpose or to conduct any law enforcement 

4 investigation. 

5 ‘‘(4) Such record or testimony shall not be used 

6 in any application for a warrant.’’. 

7 (f) PENALTIES.—Subsection (f) of section 543 of the 

8 Public Health Service Act (42 U.S.C. 290dd–2) is amended 

9 to read as follows: 

10 ‘‘(f) PENALTIES.—The provisions of sections 1176 and 

11 1177 of the Social Security Act shall apply to a violation 

12 of this section to the extent and in the same manner as 

13 such provisions apply to a violation of part C of title XI 

14 of such Act. In applying the previous sentence— 

15 ‘‘(1) the reference to ‘this subsection’ in sub16 section (a)(2) of such section 1176 shall be treated as 

17 a reference to ‘this subsection (including as applied 

18 pursuant to section 543(f) of the Public Health Serv19 ice Act)’; and 

20 ‘‘(2) in subsection (b) of such section 1176— 

21 ‘‘(A) each reference to ‘a penalty imposed 

22 under subsection (a)’ shall be treated as a ref23 erence to ‘a penalty imposed under subsection 

24 (a) (including as applied pursuant to section 

25 543(f) of the Public Health Service Act)’; and 
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1 ‘‘(B) each reference to ‘no damages obtained 

2 under subsection (d)’ shall be treated as a ref3 erence to ‘no damages obtained under subsection 

4 (d) (including as applied pursuant to section 

5 543(f) of the Public Health Service Act)’.’’. 

6 (g) ANTIDISCRIMINATION.—Section 543 of the Public 

7 Health Service Act (42 U.S.C. 290dd–2) is amended by in8 serting after subsection (h) the following: 

9 ‘‘(i) ANTIDISCRIMINATION.— 

10 ‘‘(1) IN GENERAL.—No entity shall discriminate 

11 against an individual on the basis of information re12 ceived by such entity pursuant to an inadvertent or 

13 intentional disclosure of records, or information con14 tained in records, described in subsection (a) in— 

15 ‘‘(A) admission, access to, or treatment for 

16 health care; 

17 ‘‘(B) hiring, firing, or terms of employment, 

18 or receipt of worker’s compensation; 

19 ‘‘(C) the sale, rental, or continued rental of 

20 housing; 

21 ‘‘(D) access to Federal, State, or local 

22 courts; or 

23 ‘‘(E) access to, approval of, or maintenance 

24 of social services and benefits provided or funded 

25 by Federal, State, or local governments. 
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1 ‘‘(2) RECIPIENTS OF FEDERAL FUNDS.—No re2 cipient of Federal funds shall discriminate against an 

3 individual on the basis of information received by 

4 such recipient pursuant to an intentional or inad5 vertent disclosure of such records or information con6 tained in records described in subsection (a) in af7 fording access to the services provided with such 

8 funds.’’. 

9 (h) NOTIFICATION IN CASE OF BREACH.—Section 543 

10 of the Public Health Service Act (42 U.S.C. 290dd–2), as 

11 amended by subsection (g), is further amended by inserting 

12 after subsection (i) the following: 

13 ‘‘(j) NOTIFICATION IN CASE OF BREACH.—The provi14 sions of section 13402 of the HITECH Act (42 U.S.C. 

15 17932) shall apply to a program or activity described in 

16 subsection (a), in case of a breach of records described in 

17 subsection (a), to the same extent and in the same manner 

18 as such provisions apply to a covered entity in the case 

19 of a breach of unsecured protected health information.’’. 

20 (i) REGULATIONS.— 

21 (1) IN GENERAL.—The Secretary of Health and 

22 Human Services, in consultation with appropriate 

23 Federal agencies, shall make such revisions to regula24 tions as may be necessary for implementing and en25 forcing the amendments made by this section, such 
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1 that such amendments shall apply with respect to 

2 uses and disclosures of information occurring on or 

3 after the date that is 12 months after the date of en4 actment of this Act. 

5 (2) EASILY UNDERSTANDABLE NOTICE OF PRI6 VACY PRACTICES.—Not later than 1 year after the 

7 date of enactment of this Act, the Secretary of Health 

8 and Human Services, in consultation with appro9 priate legal, clinical, privacy, and civil rights experts, 

10 shall update section 164.520 of title 45, Code of Fed11 eral Regulations, so that covered entities and entities 

12 creating or maintaining the records described in sub13 section (a) provide notice, written in plain language, 

14 of privacy practices regarding patient records referred 

15 to in section 543(a) of the Public Health Service Act 

16 (42 U.S.C. 290dd–2(a)), including— 

17 (A) a statement of the patient’s rights, in18 cluding self-pay patients, with respect to pro19 tected health information and a brief description 

20 of how the individual may exercise these rights 

21 (as required by subsection (b)(1)(iv) of such sec22 tion 164.520); and 

23 (B) a description of each purpose for which 

24 the covered entity is permitted or required to use 

25 or disclose protected health information without 
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1 the patient’s written authorization (as required 

2 by subsection (b)(2) of such section 164.520). 

3 (j) RULES OF CONSTRUCTION.—Nothing in this Act or 

4 the amendments made by this Act shall be construed to 

5 limit— 

6 (1) a patient’s right, as described in section 

7 164.522 of title 45, Code of Federal Regulations, or 

8 any successor regulation, to request a restriction on 

9 the use or disclosure of a record referred to in section 

10 543(a) of the Public Health Service Act (42 U.S.C. 

11 290dd–2(a)) for purposes of treatment, payment, or 

12 health care operations; or 

13 (2) a covered entity’s choice, as described in sec14 tion 164.506 of title 45, Code of Federal Regulations, 

15 or any successor regulation, to obtain the consent of 

16 the individual to use or disclose a record referred to 

17 in such section 543(a) to carry out treatment, pay18 ment, or health care operation. 

19 (k) SENSE OF CONGRESS.—It is the sense of the Con20 gress that— 

21 (1) any person treating a patient through a pro22 gram or activity with respect to which the confiden23 tiality requirements of section 543 of the Public 

24 Health Service Act (42 U.S.C. 290dd–2) apply is en25 couraged to access the applicable State-based prescrip-
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1 tion drug monitoring program when clinically appro2 priate; 

3 (2) patients have the right to request a restric4 tion on the use or disclosure of a record referred to 

5 in section 543(a) of the Public Health Service Act (42 

6 U.S.C. 290dd–2(a)) for treatment, payment, or health 

7 care operations; 

8 (3) covered entities should make every reasonable 

9 effort to the extent feasible to comply with a patient’s 

10 request for a restriction regarding such use or disclo11 sure; 

12 (4) for purposes of applying section 164.501 of 

13 title 45, Code of Federal Regulations, the definition of 

14 health care operations shall have the meaning given 

15 such term in such section, except that clause (v) of 

16 paragraph (6) shall not apply; and 

17 (5) programs creating records referred to in sec18 tion 543(a) of the Public Health Service Act (42 

19 U.S.C. 290dd–2(a)) should receive positive incentives 

20 for discussing with their patients the benefits to con21 senting to share such records. 

22 SEC. 3222. NUTRITION SERVICES. 

23 (a) DEFINITIONS.—In this section, the terms ‘‘Assist24 ant Secretary’’, ‘‘Secretary’’, ‘‘State agency’’, and ‘‘area 

25 agency on aging’’ have the meanings given the terms in sec-
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1 tion 102 of the Older Americans Act of 1965 (42 U.S.C. 

2 3002). 

3 (b) NUTRITION SERVICES TRANSFER CRITERIA.—Dur4 ing any portion of the COVID–19 public health emergency 

5 declared under section 319 of the Public Health Service Act 

6 (42 U.S.C. 247d), the Secretary shall allow a State agency 

7 or an area agency on aging, without prior approval, to 

8 transfer not more than 100 percent of the funds received 

9 by the State agency or area agency on aging, respectively, 

10 and attributable to funds appropriated under paragraph 

11 (1) or (2) of section 303(b) of the Older Americans Act of 

12 1965 (42 U.S.C. 3023(b)), between subpart 1 and subpart 

13 2 of part C (42 U.S.C. 3030d–2 et seq.) for such use as 

14 the State agency or area agency on aging, respectively, con15 siders appropriate to meet the needs of the State or area 

16 served. 

17 (c) HOME-DELIVERED NUTRITION SERVICES WAIV18 ER.—For purposes of State agencies’ determining the deliv19 ery of nutrition services under section 337 of the Older 

20 Americans Act of 1965 (42 U.S.C. 3030g), during the period 

21 of the COVID–19 public health emergency declared under 

22 section 319 of the Public Health Service Act (42 U.S.C. 

23 247d), the same meaning shall be given to an individual 

24 who is unable to obtain nutrition because the individual 

25 is practicing social distancing due to the emergency as is 
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1 given to an individual who is homebound by reason of ill2 ness. 

3 (d) DIETARY GUIDELINES WAIVER.—To facilitate im4 plementation of subparts 1 and 2 of part C of title III of 

5 the Older Americans Act of 1965 (42 U.S.C. 3030d–2 et 

6 seq.) during any portion of the COVID–19 public health 

7 emergency declared under section 319 of the Public Health 

8 Service Act (42 U.S.C. 247d), the Assistant Secretary may 

9 waive the requirements for meals provided under those sub10 parts to comply with the requirements of clauses (i) and 

11 (ii) of section 339(2)(A) of such Act (42 U.S.C. 3030g– 

12 21(2)(A)). 

13 SEC. 3223. CONTINUITY OF SERVICE AND OPPORTUNITIES 

14 FOR PARTICIPANTS IN COMMUNITY SERVICE 

15 ACTIVITIES UNDER TITLE V OF THE OLDER 

16 AMERICANS ACT OF 1965. 

17 To ensure continuity of service and opportunities for 

18 participants in community service activities under title V 

19 of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.), 

20 the Secretary of Labor— 

21 (1)(A) may allow individuals participating in 

22 projects under such title as of March 1, 2020, to ex23 tend their participation for a period that exceeds the 

24 period described in section 518(a)(3)(B)(i) of such Act 

25 (42 U.S.C. 3056p(a)(3)(B)(i)) if the Secretary deter-
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1 mines such extension is appropriate due to the effects 

2 of the COVID–19 public health emergency declared 

3 under section 319 of the Public Health Service Act 

4 (42 U.S.C. 247d); and 

5 (B) may increase the average participation cap 

6 for eligible individuals applicable to grantees as de7 scribed in section 502(b)(1)(C) of the Older Ameri8 cans Act of 1965 (42 U.S.C. 3056(b)(1)(C)) to a cap 

9 the Secretary determines is appropriate due to the ef10 fects of the COVID–19 public health emergency de11 clared under section 319 of the Public Health Service 

12 Act (42 U.S.C. 247d); and 

13 (2) may increase the amount available to pay 

14 the authorized administrative costs for a project, de15 scribed in section 502(c)(3) of the Older Americans 

16 Act of 1965 (42 U.S.C. 3056(c)(3)) to an amount not 

17 to exceed 20 percent of the grant amount if the Sec18 retary determines that such increase is necessary to 

19 adequately respond to the additional administrative 

20 needs to respond to the COVID–19 public health 

21 emergency declared under section 319 of the Public 

22 Health Service Act (42 U.S.C. 247d). 
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1 SEC. 3224. GUIDANCE ON PROTECTED HEALTH INFORMA2 TION. 

3 Not later than 180 days after the date of enactment 

4 of this Act, the Secretary of Health and Human Services 

5 shall issue guidance on the sharing of patients’ protected 

6 health information pursuant to section 160.103 of title 45, 

7 Code of Federal Regulations (or any successor regulations) 

8 during the public health emergency declared by the Sec9 retary of Health and Human Services under section 319 

10 of the Public Health Service Act (42 U.S.C. 247d) with re11 spect to COVID–19, during the emergency involving Fed12 eral primary responsibility determined to exist by the 

13 President under section 501(b) of the Robert T. Stafford 

14 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

15 5191(b)) with respect to COVID–19, and during the na16 tional emergency declared by the President under the Na17 tional Emergencies Act (50 U.S.C. 1601 et seq.) with respect 

18 to COVID–19. Such guidance shall include information on 

19 compliance with the regulations promulgated pursuant to 

20 section 264(c) of the Health Insurance Portability and Ac21 countability Act of 1996 (42 U.S.C. 1320d–2 note) and ap22 plicable policies, including such policies that may come into 

23 effect during such emergencies. 
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1 SEC. 3225. REAUTHORIZATION OF HEALTHY START PRO2 GRAM. 

3 Section 330H of the Public Health Service Act (42 

4 U.S.C. 254c–8) is amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (1), by striking ‘‘, during 

7 fiscal year 2001 and subsequent years,’’; and 

8 (B) in paragraph (2), by inserting ‘‘or in9 creasing above the national average’’ after ‘‘areas 

10 with high’’; 

11 (2) in subsection (b)— 

12 (A) in paragraph (1), by striking ‘‘con13 sumers of project services, public health depart14 ments, hospitals, health centers under section 

15 330’’ and inserting ‘‘participants and former 

16 participants of project services, public health de17 partments, hospitals, health centers under section 

18 330, State substance abuse agencies’’; and 

19 (B) in paragraph (2)— 

20 (i) in subparagraph (A), by striking 

21 ‘‘such as low birthweight’’ and inserting 

22 ‘‘including poor birth outcomes (such as low 

23 birthweight and preterm birth) and social 

24 determinants of health’’; 

25 (ii) by redesignating subparagraph (B) 

26 as subparagraph (C); 
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1 (iii) by inserting after subparagraph 

2 (A), the following: 

3 ‘‘(B) Communities with— 

4 ‘‘(i) high rates of infant mortality or 

5 poor perinatal outcomes; or 

6 ‘‘(ii) high rates of infant mortality or 

7 poor perinatal outcomes in specific sub8 populations within the community.’’; and 

9 (iv) in subparagraph (C) (as so redes10 ignated)— 

11 (I) by redesignating clauses (i) 

12 and (ii) as clauses (ii) and (iii), re13 spectively; 

14 (II) by inserting before clause (ii) 

15 (as so redesignated) the following: 

16 ‘‘(i) collaboration with the local com17 munity in the development of the project;’’; 

18 (III) in clause (ii) (as so redesig19 nated), by striking ‘‘and’’ at the end; 

20 (IV) in clause (iii) (as so redesig21 nated), by striking the period and in22 serting ‘‘; and’’; and 

23 (V) by adding at the end the fol24 lowing: 
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1 ‘‘(iv) the use and collection of data 

2 demonstrating the effectiveness of such pro3 gram in decreasing infant mortality rates 

4 and improving perinatal outcomes, as ap5 plicable, or the process by which new appli6 cants plan to collect this data.’’; 

7 (3) in subsection (c)— 

8 (A) by striking ‘‘Recipients of grants’’ and 

9 inserting the following: 

10 ‘‘(1) IN GENERAL.—Recipients of grants’’; and 

11 (B) by adding at the end the following: 

12 ‘‘(2) OTHER PROGRAMS.—The Secretary shall 

13 ensure coordination of the program carried out pur14 suant to this section with other programs and activi15 ties related to the reduction of the rate of infant mor16 tality and improved perinatal and infant health out17 comes supported by the Department.’’; 

18 (4) in subsection (e)— 

19 (A) in paragraph (1), by striking ‘‘appro20 priated—’’ and all that follows through the end 

21 and inserting ‘‘appropriated $125,500,000 for 

22 each of fiscal years 2021 through 2025.’’; and 

23 (B) in paragraph (2)(B), by adding at the 

24 end the following: ‘‘Evaluations may also in-
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1 clude, to the extent practicable, information re2 lated to— 

3 ‘‘(i) progress toward achieving any 

4 grant metrics or outcomes related to reduc5 ing infant mortality rates, improving 

6 perinatal outcomes, or reducing the dis7 parity in health status; 

8 ‘‘(ii) recommendations on potential 

9 improvements that may assist with address10 ing gaps, as applicable and appropriate; 

11 and 

12 ‘‘(iii) the extent to which the grantee 

13 coordinated with the community in which 

14 the grantee is located in the development of 

15 the project and delivery of services, includ16 ing with respect to technical assistance and 

17 mentorship programs.’’; and 

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

19 ‘‘(f) GAO REPORT.— 

20 ‘‘(1) IN GENERAL.—Not later than 4 years after 

21 the date of the enactment of this subsection, the 

22 Comptroller General of the United States shall con23 duct an independent evaluation, and submit to the 

24 appropriate Committees of Congress a report, con25 cerning the Healthy Start program under this section. 
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1 ‘‘(2) EVALUATION.—In conducting the evaluation 

2 under paragraph (1), the Comptroller General shall 

3 consider, as applicable and appropriate, information 

4 from the evaluations under subsection (e)(2)(B). 

5 ‘‘(3) REPORT.—The report described in para6 graph (1) shall review, assess, and provide rec7 ommendations, as appropriate, on the following: 

8 ‘‘(A) The allocation of Healthy Start pro9 gram grants by the Health Resources and Serv10 ices Administration, including considerations 

11 made by such Administration regarding dispari12 ties in infant mortality or perinatal outcomes 

13 among urban and rural areas in making such 

14 awards. 

15 ‘‘(B) Trends in the progress made toward 

16 meeting the evaluation criteria pursuant to sub17 section (e)(2)(B), including programs which de18 crease infant mortality rates and improve 

19 perinatal outcomes, programs that have not de20 creased infant mortality rates or improved 

21 perinatal outcomes, and programs that have 

22 made an impact on disparities in infant mor23 tality or perinatal outcomes. 

24 ‘‘(C) The ability of grantees to improve 

25 health outcomes for project participants, promote 
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1 the awareness of the Healthy Start program 

2 services, incorporate and promote family partici3 pation, facilitate coordination with the commu4 nity in which the grantee is located, and in5 crease grantee accountability through quality 

6 improvement, performance monitoring, evalua7 tion, and the effect such metrics may have to8 ward decreasing the rate of infant mortality and 

9 improving perinatal outcomes. 

10 ‘‘(D) The extent to which such Federal pro11 grams are coordinated across agencies and the 

12 identification of opportunities for improved co13 ordination in such Federal programs and activi14 ties.’’. 

15 SEC. 3226. IMPORTANCE OF THE BLOOD SUPPLY. 

16 (a) IN GENERAL.—The Secretary of Health and 

17 Human Services (referred to in this section as the ‘‘Sec18 retary’’) shall carry out a national campaign to improve 

19 awareness of, and support outreach to the public and health 

20 care providers about the importance and safety of blood do21 nation and the need for donations for the blood supply dur22 ing the public health emergency declared by the Secretary 

23 under section 319 of the Public Health Service Act (42 

24 U.S.C. 247d) with respect to COVID–19. 
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1 (b) AWARENESS CAMPAIGN.—In carrying out sub2 section (a), the Secretary may enter into contracts with one 

3 or more public or private nonprofit entities, to establish a 

4 national blood donation awareness campaign that may in5 clude television, radio, internet, and newspaper public serv6 ice announcements, and other activities to provide for pub7 lic and professional awareness and education. 

8 (c) CONSULTATION.—In carrying out subsection (a), 

9 the Secretary shall consult with the Commissioner of Food 

10 and Drugs, the Assistant Secretary for Health, the Director 

11 of the Centers for Disease Control and Prevention, the Di12 rector of the National Institutes of Health, and the heads 

13 of other relevant Federal agencies, and relevant accrediting 

14 bodies and representative organizations. 

15 (d) REPORT TO CONGRESS.—Not later than 2 years 

16 after the date of enactment of this Act, the Secretary shall 

17 submit to the Committee on Health, Education, Labor, and 

18 Pensions of the Senate and the Committee on Energy and 

19 Commerce of the House of Representatives, a report that 

20 shall include— 

21 (1) a description of the activities carried out 

22 under subsection (a); 

23 (2) a description of trends in blood supply dona24 tions; and 
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1 (3) an evaluation of the impact of the public 

2 awareness campaign, including any geographic or 

3 population variations. 

4 PART III—INNOVATION 

5 SEC. 3301. REMOVING THE CAP ON OTA DURING PUBLIC 

6 HEALTH EMERGENCIES. 

7 Section 319L(c)(5)(A) of the Public Health Service Act 

8 (42 U.S.C. 247d–7e(c)(5)(A)) is amended— 

9 (1) by redesignating clause (iii) as clause (iv); 

10 and 

11 (2) by inserting after clause (ii) the following: 

12 ‘‘(iii) AUTHORITY DURING A PUBLIC

13 HEALTH EMERGENCY.— 

14 ‘‘(I) IN GENERAL.—Notwith15 standing clause (ii), the Secretary, 

16 shall, to the maximum extent prac17 ticable, use competitive procedures 

18 when entering into transactions to 

19 carry out projects under this subsection 

20 for purposes of a public health emer21 gency declared by the Secretary under 

22 section 319. Any such transactions en23 tered into during such public health 

24 emergency shall not be terminated sole25 ly due to the expiration of such public 
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1 health emergency, if such public health 

2 emergency ends before the completion 

3 of the terms of such agreement. 

4 ‘‘(II) REPORT.—After the expira5 tion of the public health emergency de6 clared by the Secretary under section 

7 319, the Secretary shall provide a re8 port to the Committee on Health, Edu9 cation, Labor, and Pensions of the 

10 Senate and the Committee on Energy 

11 and Commerce of the House of Rep12 resentatives regarding the use of any 

13 funds pursuant to the authority under 

14 subclause (I), including any outcomes, 

15 benefits, and risks associated with the 

16 use of such funds, and a description of 

17 the reasons for the use of such author18 ity for the project or projects.’’. 

19 SEC. 3302. PRIORITY ZOONOTIC ANIMAL DRUGS. 

20 Chapter V of the Federal Food, Drug, and Cosmetic 

21 Act (21 U.S.C. 351 et seq.) is amended by inserting after 

22 section 512 the following: 

23 ‘‘SEC. 512A. PRIORITY ZOONOTIC ANIMAL DRUGS. 

24 ‘‘(a) IN GENERAL.—The Secretary shall, at the request 

25 of the sponsor intending to submit an application for ap-
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1 proval of a new animal drug under section 512(b)(1) or 

2 an application for conditional approval of a new animal 

3 drug under section 571, expedite the development and re4 view of such new animal drug if preliminary clinical evi5 dence indicates that the new animal drug, alone or in com6 bination with 1 or more other animal drugs, has the poten7 tial to prevent or treat a zoonotic disease in animals, in8 cluding a vector borne-disease, that has the potential to 

9 cause serious adverse health consequences for, or serious or 

10 life-threatening diseases in, humans. 

11 ‘‘(b) REQUEST FOR DESIGNATION.—The sponsor of a 

12 new animal drug may request the Secretary to designate 

13 a new animal drug described in subsection (a) as a priority 

14 zoonotic animal drug. A request for the designation may 

15 be made concurrently with, or at any time after, the open16 ing of an investigational new animal drug file under sec17 tion 512(j) or the filing of an application under section 

18 512(b)(1) or 571. 

19 ‘‘(c) DESIGNATION.— 

20 ‘‘(1) IN GENERAL.—Not later than 60 calendar 

21 days after the receipt of a request under subsection 

22 (b), the Secretary shall determine whether the new 

23 animal drug that is the subject of the request meets 

24 the criteria described in subsection (a). If the Sec25 retary determines that the new animal drug meets the 
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1 criteria, the Secretary shall designate the new animal 

2 drug as a priority zoonotic animal drug and shall 

3 take such actions as are appropriate to expedite the 

4 development and review of the application for ap5 proval or conditional approval of such new animal 

6 drug. 

7 ‘‘(2) ACTIONS.—The actions to expedite the de8 velopment and review of an application under para9 graph (1) may include, as appropriate— 

10 ‘‘(A) taking steps to ensure that the design 

11 of clinical trials is as efficient as practicable, 

12 when scientifically appropriate, such as by uti13 lizing novel trial designs or drug development 

14 tools (including biomarkers) that may reduce the 

15 number of animals needed for studies; 

16 ‘‘(B) providing timely advice to, and inter17 active communication with, the sponsor (which 

18 may include meetings with the sponsor and re19 view team) regarding the development of the new 

20 animal drug to ensure that the development pro21 gram to gather the nonclinical and clinical data 

22 necessary for approval is as efficient as prac23 ticable; 

24 ‘‘(C) involving senior managers and review 

25 staff with experience in zoonotic or vector-borne 
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1 disease to facilitate collaborative, cross-discipli2 nary review, including, as appropriate, across 

3 agency centers; and 

4 ‘‘(D) implementing additional administra5 tive or process enhancements, as necessary, to fa6 cilitate an efficient review and development pro7 gram.’’. 

8 PART IV—HEALTH CARE WORKFORCE 

9 SEC. 3401. REAUTHORIZATION OF HEALTH PROFESSIONS 

10 WORKFORCE PROGRAMS. 

11 Title VII of the Public Health Service Act (42 U.S.C. 

12 292 et seq.) is amended— 

13 (1) in section 736 (42 U.S.C. 293), by striking 

14 subsection (i) and inserting the following: 

15 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—To carry 

16 out this section, there is authorized to be appropriated 

17 $23,711,000 for each of fiscal years 2021 through 2025.’’; 

18 (2) in section 740 (42 U.S.C. 293d)— 

19 (A) in subsection (a), by striking 

20 ‘‘$51,000,000 for fiscal year 2010, and such sums 

21 as may be necessary for each of the fiscal years 

22 2011 through 2014’’ and inserting ‘‘$51,470,000 

23 for each of fiscal years 2021 through 2025’’; 

24 (B) in subsection (b), by striking 

25 ‘‘$5,000,000 for each of the fiscal years 2010 
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1 through 2014’’ and inserting ‘‘$1,190,000 for 

2 each of fiscal years 2021 through 2025’’; 

3 (C) in subsection (c), by striking 

4 ‘‘$60,000,000 for fiscal year 2010 and such sums 

5 as may be necessary for each of the fiscal years 

6 2011 through 2014’’ and inserting ‘‘$15,000,000 

7 for each of fiscal years 2021 through 2025’’; and 

8 (D) in subsection (d), by striking ‘‘Not 

9 Later than 6 months after the date of enactment 

10 of this part, the Secretary shall prepare and sub11 mit to the appropriate committees of Congress’’ 

12 and inserting: ‘‘Not later than September 30, 

13 2025, and every five years thereafter, the Sec14 retary shall prepare and submit to the Com15 mittee on Health, Education, Labor, and Pen16 sions of the Senate, and the Committee on En17 ergy and Commerce of the House of Representa18 tives,’’; 

19 (3) in section 747 (42 U.S.C. 293k)— 

20 (A) in subsection (a)— 

21 (i) in paragraph (1)(G), by striking 

22 ‘‘to plan, develop, and operate a demonstra23 tion program that provides training’’ and 

24 inserting: ‘‘to plan, develop, and operate a 

25 program that identifies or develops innova-
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1 tive models of providing care, and trains 

2 primary care physicians on such models 

3 and’’; and 

4 (ii) by adding at the end the following: 

5 ‘‘(3) PRIORITIES IN MAKING AWARDS.—In 

6 awarding grants or contracts under paragraph (1), 

7 the Secretary may give priority to qualified appli8 cants that train residents in rural areas, including 

9 for Tribes or Tribal Organizations in such areas.’’; 

10 (B) in subsection (b)(3)(E), by striking 

11 ‘‘substance-related disorders’’ and inserting ‘‘sub12 stance use disorders’’; and 

13 (C) in subsection (c)(1), by striking 

14 ‘‘$125,000,000 for fiscal year 2010, and such 

15 sums as may be necessary for each of fiscal years 

16 2011 through 2014’’ and inserting ‘‘$48,924,000 

17 for each of fiscal years 2021 through 2025’’; 

18 (4) in section 748 (42 U.S.C. 293k–2)— 

19 (A) in subsection (c)(5), by striking ‘‘sub20 stance-related disorders’’ and inserting ‘‘sub21 stance use disorders’’; and 

22 (B) in subsection (f), by striking 

23 ‘‘$30,000,000 for fiscal year 2010 and such sums 

24 as may be necessary for each of fiscal years 2011 
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1 through 2015’’ and inserting ‘‘$28,531,000 for 

2 each of fiscal years 2021 through 2025’’; 

3 (5) in section 749(d)(2) (42 U.S.C. 293l(d)(2)), 

4 by striking ‘‘Committee on Labor and Human Re5 sources of the Senate, and the Committee on Com6 merce of the House of Representatives’’ and inserting 

7 ‘‘Committee on Health, Education, Labor, and Pen8 sions of the Senate, and the Committee on Energy 

9 and Commerce of the House of Representatives’’; 

10 (6) in section 751(j)(1) (42 U.S.C. 294a(j)(1)), 

11 by striking ‘‘$125,000,000 for each of the fiscal years 

12 2010 through 2014’’ and inserting ‘‘$41,250,000 for 

13 each of fiscal years 2021 through 2025’’; 

14 (7) in section 754(b)(1)(A) (42 U.S.C. 

15 294d(b)(1)(A)), by striking ‘‘new and innovative’’ 

16 and inserting ‘‘innovative or evidence-based’’; 

17 (8) in section 755(b)(1)(A) (42 U.S.C. 

18 294e(b)(1)(A)), by striking ‘‘the elderly’’ and insert19 ing ‘‘geriatric populations or for maternal and child 

20 health’’; 

21 (9) in section 761(e) (42 U.S.C. 294n(e))— 

22 (A) in paragraph (1)(A), by striking 

23 ‘‘$7,500,000 for each of fiscal years 2010 through 

24 2014’’ and inserting ‘‘$5,663,000 for each of fis25 cal years 2021 through 2025’’; and 
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1 (B) in paragraph (2), by striking ‘‘sub2 section (a)’’ and inserting ‘‘paragraph (1)’’; 

3 (10) in section 762 (42 U.S.C. 294o)— 

4 (A) in subsection (a)(1), by striking ‘‘Com5 mittee on Labor and Human Resources’’ and in6 serting ‘‘Committee on Health, Education, 

7 Labor, and Pensions’’; 

8 (B) in subsection (b)— 

9 (i) in paragraph (2), by striking 

10 ‘‘Health Care Financing Administration’’ 

11 and inserting ‘‘Centers for Medicare & Med12 icaid Services’’; 

13 (ii) by redesignating paragraphs (4) 

14 through (6) as paragraphs (5) through (7), 

15 respectively; and 

16 (iii) by inserting after paragraph (3), 

17 the following: 

18 ‘‘(4) the Administrator of the Health Resources 

19 and Services Administration;’’; 

20 (C) by striking subsections (i), (j), and (k) 

21 and inserting the following: 

22 ‘‘(i) REPORTS.—Not later than September 30, 2023, 

23 and not less than every 5 years thereafter, the Council shall 

24 submit to the Secretary, and to the Committee on Health, 

25 Education, Labor, and Pensions of the Senate and the Com-
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1 mittee on Energy and Commerce of the House of Represent2 atives, a report on the recommendations described in sub3 section (a).’’; and 

4 (D) by redesignating subsection (l) as sub5 section (j); 

6 (11) in section 766(b)(1) (42 U.S.C. 295a(b)(1)), 

7 by striking ‘‘that plans’’ and all that follows through 

8 the period and inserting ‘‘that plans, develops, oper9 ates, and evaluates projects to improve preventive 

10 medicine, health promotion and disease prevention, or 

11 access to and quality of health care services in rural 

12 or medically underserved communities.’’; 

13 (12) in section 770(a) (42 U.S.C. 295e(a)), by 

14 striking ‘‘$43,000,000 for fiscal year 2011, and such 

15 sums as may be necessary for each of the fiscal years 

16 2012 through 2015’’ and inserting ‘‘$17,000,000 for 

17 each of fiscal years 2021 through 2025’’; and 

18 (13) in section 775(e) (42 U.S.C. 295f(e)), by 

19 striking ‘‘$30,000,000’’ and all that follows through 

20 the period and inserting ‘‘such sums as may be nec21 essary for each of fiscal years 2021 through 2025.’’. 

22 SEC. 3402. HEALTH WORKFORCE COORDINATION. 

23 (a) STRATEGIC PLAN.— 

24 (1) IN GENERAL.—Not later than 1 year after 

25 the date of enactment of this Act, the Secretary of 
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1 Health and Human Services (referred to in this Act 

2 as the ‘‘Secretary’’), in consultation with the Advisory 

3 Committee on Training in Primary Care Medicine 

4 and Dentistry and the Advisory Council on Graduate 

5 Medical Education, shall develop a comprehensive 

6 and coordinated plan with respect to the health care 

7 workforce development programs of the Department of 

8 Health and Human Services, including education 

9 and training programs. 

10 (2) REQUIREMENTS.—The plan under para11 graph (1) shall— 

12 (A) include performance measures to deter13 mine the extent to which the programs described 

14 in paragraph (1) are strengthening the Nation’s 

15 health care system; 

16 (B) identify any gaps that exist between the 

17 outcomes of programs described in paragraph (1) 

18 and projected health care workforce needs identi19 fied in workforce projection reports conducted by 

20 the Health Resources and Services Administra21 tion; 

22 (C) identify actions to address the gaps de23 scribed in subparagraph (B); and 
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1 (D) identify barriers, if any, to imple2 menting the actions identified under subpara3 graph (C). 

4 (b) COORDINATION WITH OTHER AGENCIES.—The 

5 Secretary shall coordinate with the heads of other Federal 

6 agencies and departments that fund or administer health 

7 care workforce development programs, including education 

8 and training programs, to— 

9 (1) evaluate the performance of such programs, 

10 including the extent to which such programs are effi11 cient and effective and are meeting the nation’s health 

12 workforce needs; and 

13 (2) identify opportunities to improve the quality 

14 and consistency of the information collected to evalu15 ate within and across such programs, and to imple16 ment such improvements. 

17 (c) REPORT.—Not later than 2 years after the date of 

18 enactment of this Act, the Secretary shall submit to the 

19 Committee on Health, Education, Labor, and Pensions of 

20 the Senate, and the Committee on Energy and Commerce 

21 of the House of Representatives, a report describing the plan 

22 developed under subsection (a) and actions taken to imple23 ment such plan. 
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1 SEC. 3403. EDUCATION AND TRAINING RELATING TO GERI2 ATRICS. 

3 Section 753 of the Public Health Service Act (42 

4 U.S.C. 294c) is amended to read as follows: 

5 ‘‘SEC. 753. EDUCATION AND TRAINING RELATING TO GERI6 ATRICS. 

7 ‘‘(a) GERIATRICS WORKFORCE ENHANCEMENT PRO8 GRAM.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall award 

10 grants, contracts, or cooperative agreements under 

11 this subsection to entities described in paragraph (1), 

12 (3), or (4) of section 799B, section 801(2), or section 

13 865(d), or other health professions schools or pro14 grams approved by the Secretary, for the establish15 ment or operation of Geriatrics Workforce Enhance16 ment Programs that meet the requirements of para17 graph (2). 

18 ‘‘(2) REQUIREMENTS.— 

19 ‘‘(A) IN GENERAL.—A Geriatrics Workforce 

20 Enhancement Program receiving an award 

21 under this section shall support the training of 

22 health professionals in geriatrics, including 

23 traineeships or fellowships. Such programs shall 

24 emphasize, as appropriate, patient and family 

25 engagement, integration of geriatrics with pri26 mary care and other appropriate specialties, and 
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1 collaboration with community partners to ad2 dress gaps in health care for older adults. 

3 ‘‘(B) ACTIVITIES.—Activities conducted by 

4 a program under this section may include the 

5 following: 

6 ‘‘(i) Clinical training on providing in7 tegrated geriatrics and primary care deliv8 ery services. 

9 ‘‘(ii) Interprofessional training to 

10 practitioners from multiple disciplines and 

11 specialties, including training on the provi12 sion of care to older adults. 

13 ‘‘(iii) Establishing or maintaining 

14 training-related community-based programs 

15 for older adults and caregivers to improve 

16 health outcomes for older adults. 

17 ‘‘(iv) Providing education on Alz18 heimer’s disease and related dementias to 

19 families and caregivers of older adults, di20 rect care workers, and health professions 

21 students, faculty, and providers. 

22 ‘‘(3) DURATION.—Each grant, contract, or coop23 erative agreement or contract awarded under para24 graph (1) shall be for a period not to exceed 5 years. 
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1 ‘‘(4) APPLICATIONS.—To be eligible to receive a 

2 grant, contract, or cooperative agreement under para3 graph (1), an entity described in such paragraph 

4 shall submit to the Secretary an application at such 

5 time, in such manner, and containing such informa6 tion as the Secretary may require. 

7 ‘‘(5) PROGRAM REQUIREMENTS.— 

8 ‘‘(A) IN GENERAL.—In awarding grants, 

9 contracts, and cooperative agreements under 

10 paragraph (1), the Secretary— 

11 ‘‘(i) shall give priority to programs 

12 that demonstrate coordination with another 

13 Federal or State program or another public 

14 or private entity; 

15 ‘‘(ii) shall give priority to applicants 

16 with programs or activities that are ex17 pected to substantially benefit rural or 

18 medically underserved populations of older 

19 adults, or serve older adults in Indian 

20 Tribes or Tribal organizations; and 

21 ‘‘(iii) may give priority to any pro22 gram that— 

23 ‘‘(I) integrates geriatrics into pri24 mary care practice; 
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1 ‘‘(II) provides training to inte2 grate geriatric care into other special3 ties across care settings, including 

4 practicing clinical specialists, health 

5 care administrators, faculty without 

6 backgrounds in geriatrics, and students 

7 from all health professions; 

8 ‘‘(III) emphasizes integration of 

9 geriatric care into existing service de10 livery locations and care across set11 tings, including primary care clinics, 

12 medical homes, Federally qualified 

13 health centers, ambulatory care clinics, 

14 critical access hospitals, emergency 

15 care, assisted living and nursing facili16 ties, and home- and community-based 

17 services, which may include adult 

18 daycare; 

19 ‘‘(IV) supports the training and 

20 retraining of faculty, primary care 

21 providers, other direct care providers, 

22 and other appropriate professionals on 

23 geriatrics; 

24 ‘‘(V) emphasizes education and 

25 engagement of family caregivers on 
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1 disease management and strategies to 

2 meet the needs of caregivers of older 

3 adults; or 

4 ‘‘(VI) proposes to conduct out5 reach to communities that have a 

6 shortage of geriatric workforce profes7 sionals. 

8 ‘‘(B) SPECIAL CONSIDERATION.—In award9 ing grants, contracts, and cooperative agreements 

10 under this section, the Secretary shall give spe11 cial consideration to entities that provide serv12 ices in areas with a shortage of geriatric work13 force professionals. 

14 ‘‘(6) PRIORITY.—The Secretary may provide 

15 awardees with additional support for activities in 

16 areas of demonstrated need, which may include edu17 cation and training for home health workers, family 

18 caregivers, and direct care workers on care for older 

19 adults. 

20 ‘‘(7) REPORTING.— 

21 ‘‘(A) REPORTS FROM ENTITIES.—Each enti22 ty awarded a grant, contract, or cooperative 

23 agreement under this section shall submit an an24 nual report to the Secretary on the activities 

25 conducted under such grant, contract, or cooper-
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1 ative agreement, which may include information 

2 on the number of trainees, the number of profes3 sions and disciplines, the number of partnerships 

4 with health care delivery sites, the number of fac5 ulty and practicing professionals who partici6 pated in such programs, and other information, 

7 as the Secretary may require. 

8 ‘‘(B) REPORT TO CONGRESS.—Not later 

9 than 4 years after the date of enactment of the 

10 Title VII Health Care Workforce Reauthorization 

11 Act of 2019 and every 5 years thereafter, the Sec12 retary shall submit to the Committee on Health, 

13 Education, Labor, and Pensions of the Senate 

14 and the Committee on Energy and Commerce of 

15 the House of Representatives a report that pro16 vides a summary of the activities and outcomes 

17 associated with grants, contracts, and coopera18 tive agreements made under this section. Such 

19 reports shall include— 

20 ‘‘(i) information on the number of 

21 trainees, faculty, and professionals who par22 ticipated in programs under this section; 

23 ‘‘(ii) information on the impact of the 

24 program conducted under this section on the 

25 health status of older adults, including in 
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1 areas with a shortage of health profes2 sionals; and 

3 ‘‘(iii) information on outreach and 

4 education provided under this section to 

5 families and caregivers of older adults. 

6 ‘‘(C) PUBLIC AVAILABILITY.—The Secretary 

7 shall make reports submitted under paragraph 

8 (B) publically available on the internet website 

9 of the Department of Health and Human Serv10 ices. 

11 ‘‘(b) GERIATRIC ACADEMIC CAREER AWARDS.— 

12 ‘‘(1) ESTABLISHMENT OF PROGRAM.—The Sec13 retary shall, as appropriate, establish or maintain a 

14 program to provide geriatric academic career awards 

15 to eligible entities applying on behalf of eligible indi16 viduals to promote the career development of such in17 dividuals as academic geriatricians or other academic 

18 geriatrics health professionals. 

19 ‘‘(2) ELIGIBILITY.— 

20 ‘‘(A) ELIGIBLE ENTITY.—For purposes of 

21 this subsection, the term ‘eligible entity’ means— 

22 ‘‘(i) an entity described in paragraph 

23 (1), (3), or (4) of section 799B or section 

24 801(2); or 
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1 ‘‘(ii) another accredited health profes2 sions school or graduate program approved 

3 by the Secretary. 

4 ‘‘(B) ELIGIBLE INDIVIDUAL.—For purposes 

5 of this subsection, the term ‘eligible individual’ 

6 means an individual who— 

7 ‘‘(i)(I) is board certified or board eligi8 ble in internal medicine, family practice, 

9 psychiatry, or licensed dentistry, or has 

10 completed required training in a discipline 

11 and is employed in an accredited health 

12 professions school or graduate program that 

13 is approved by the Secretary; or 

14 ‘‘(II) has completed an approved fel15 lowship program in geriatrics, or has com16 pleted specialty training in geriatrics as re17 quired by the discipline and any additional 

18 geriatrics training as required by the Sec19 retary; and 

20 ‘‘(ii) has a junior, nontenured, faculty 

21 appointment at an accredited health profes22 sions school or graduate program in geri23 atrics or a geriatrics health profession. 

24 ‘‘(C) CLARIFICATION.—If an eligible indi25 vidual is promoted during the period of an 
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1 award under this subsection and thereby no 

2 longer meets the criteria of subparagraph (B)(ii), 

3 the individual shall continue to be treated as an 

4 eligible individual through the term of the 

5 award. 

6 ‘‘(3) APPLICATION REQUIREMENTS.—In order to 

7 receive an award under paragraph (1), an eligible en8 tity, on behalf of an eligible individual, shall— 

9 ‘‘(A) submit to the Secretary an applica10 tion, at such time, in such manner, and con11 taining such information as the Secretary may 

12 require; 

13 ‘‘(B) provide, in such form and manner as 

14 the Secretary may require, assurances that the 

15 eligible individual will meet the service require16 ment described in paragraph (6); and 

17 ‘‘(C) provide, in such form and manner as 

18 the Secretary may require, assurances that the 

19 individual has a full-time faculty appointment 

20 in a health professions institution and docu21 mented commitment from such eligible entity 

22 that the individual will spend 75 percent of the 

23 individual’s time that is supported by the award 

24 on teaching and developing skills in inter25 disciplinary education in geriatrics. 
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1 ‘‘(4) EQUITABLE DISTRIBUTION.—In making 

2 awards under this subsection, the Secretary shall seek 

3 to ensure geographical distribution among award re4 cipients, including among rural or medically under5 served areas of the United States. 

6 ‘‘(5) AMOUNT AND DURATION.— 

7 ‘‘(A) AMOUNT.—The amount of an award 

8 under this subsection shall be at least $75,000 for 

9 fiscal year 2021, adjusted for subsequent years in 

10 accordance with the consumer price index. The 

11 Secretary shall determine the amount of an 

12 award under this subsection for individuals who 

13 are not physicians. 

14 ‘‘(B) DURATION.—The Secretary shall make 

15 awards under paragraph (1) for a period not to 

16 exceed 5 years. 

17 ‘‘(6) SERVICE REQUIREMENT.—An individual 

18 who receives an award under this subsection shall 

19 provide training in clinical geriatrics, including the 

20 training of interprofessional teams of health care pro21 fessionals. The provision of such training shall con22 stitute at least 75 percent of the obligations of such 

23 individual under the award. 
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1 ‘‘(c) NONAPPLICABILITY OF PROVISION.—Notwith2 standing any other provision of this title, section 791(a) 

3 shall not apply to awards made under this section. 

4 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated $40,737,000 for each of fiscal 

6 years 2021 through 2025 for purposes of carrying out this 

7 section.’’. 

8 SEC. 3404. NURSING WORKFORCE DEVELOPMENT. 

9 (a) IN GENERAL.—Title VIII of the Public Health 

10 Service Act (42 U.S.C. 296 et seq.) is amended— 

11 (1) in section 801 (42 U.S.C. 296), by adding at 

12 the end the following: 

13 ‘‘(18) NURSE MANAGED HEALTH CLINIC.—The 

14 term ‘nurse managed health clinic’ means a nurse15 practice arrangement, managed by advanced practice 

16 nurses, that provides primary care or wellness serv17 ices to underserved or vulnerable populations and 

18 that is associated with a school, college, university or 

19 department of nursing, federally qualified health cen20 ter, or independent nonprofit health or social services 

21 agency.’’; 

22 (2) in section 802(c) (42 U.S.C. 296a(c)), by in23 serting ‘‘, and how such project aligns with the goals 

24 in section 806(a)’’ before the period in the second sen25 tence; 
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1 (3) in section 803(b) (42 U.S.C. 296b(b)), by 

2 adding at the end the following: ‘‘Such Federal funds 

3 are intended to supplement, not supplant, existing 

4 non-Federal expenditures for such activities.’’; 

5 (4) in section 806 (42 U.S.C. 296e)— 

6 (A) in subsection (a), by striking ‘‘as needed 

7 to’’ and all that follows and inserting the fol8 lowing: ‘‘as needed to address national nursing 

9 needs, including— 

10 ‘‘(1) addressing challenges, including through 

11 supporting training and education of nursing stu12 dents, related to the distribution of the nursing work13 force and existing or projected nursing workforce 

14 shortages in geographic areas that have been identi15 fied as having, or that are projected to have, a nurs16 ing shortage; 

17 ‘‘(2) increasing access to and the quality of 

18 health care services, including by supporting the 

19 training of professional registered nurses, advanced 

20 practice registered nurses, and advanced education 

21 nurses within community based settings and in a va22 riety of health delivery system settings; or 

23 ‘‘(3) addressing the strategic goals and priorities 

24 identified by the Secretary and that are in accord25 ance with this title. 
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1 Contracts may be entered into under this title with public 

2 or private entities as determined necessary by the Sec3 retary.’’; 

4 (B) in subsection (b)(2), by striking ‘‘a 

5 demonstration’’ and all that follows and insert6 ing the following: ‘‘the reporting of data and in7 formation demonstrating that satisfactory 

8 progress has been made by the program or 

9 project in meeting the performance outcome 

10 standards (as described in section 802) of such 

11 program or project.’’; 

12 (C) in subsection (e)(2), by inserting ‘‘, and 

13 have relevant expertise and experience’’ before the 

14 period at the end of the first sentence; and 

15 (D) by adding at the end the following: 

16 ‘‘(i) BIENNIAL REPORT ON NURSING WORKFORCE

17 PROGRAM IMPROVEMENTS.—Not later than September 30, 

18 2020, and biennially thereafter, the Secretary shall submit 

19 to the Committee on Health, Education, Labor, and Pen20 sions of the Senate and the Committee on Energy and Com21 merce of the House of Representatives, a report that con22 tains an assessment of the programs and activities of the 

23 Department of Health and Human Services related to en24 hancing the nursing workforce, including the extent to 

25 which programs and activities under this title meet the 
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1 identified goals and performance measures developed for the 

2 respective programs and activities, and the extent to which 

3 the Department coordinates with other Federal departments 

4 regarding programs designed to improve the nursing work5 force.’’; 

6 (5) in section 811 (42 U.S.C. 296j)— 

7 (A) in subsection (b)— 

8 (i) by striking ‘‘Master’s’’ and insert9 ing ‘‘graduate’’; and 

10 (ii) by inserting ‘‘clinical nurse lead11 ers,’’ after ‘‘nurse administrators,’’; 

12 (B) by redesignating subsections (f) and (g) 

13 as subsections (g) and (h), respectively; and 

14 (C) by inserting after subsection (e), the fol15 lowing: 

16 ‘‘(f) AUTHORIZED CLINICAL NURSE SPECIALIST PRO17 GRAMS.—Clinical nurse specialist programs eligible for 

18 support under this section are education programs that— 

19 ‘‘(1) provide registered nurses with full-time 

20 clinical nurse specialist education; and 

21 ‘‘(2) have as their objective the education of clin22 ical nurse specialists who will, upon completion of 

23 such a program, be qualified to effectively provide 

24 care through the wellness and illness continuum to in-
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1 patients and outpatients experiencing acute and 

2 chronic illness.’’; and 

3 (6) in section 831 (42 U.S.C. 296p)— 

4 (A) in the section heading, by striking 

5 ‘‘AND QUALITY GRANTS’’ and inserting 

6 ‘‘QUALITY, AND RETENTION GRANTS’’; 

7 (B) in subsection (b)(2), by striking ‘‘other 

8 high-risk groups such as the elderly, individuals 

9 with HIV/AIDS, substance abusers, the homeless, 

10 and victims’’ and inserting ‘‘high risk groups, 

11 such as the elderly, individuals with HIV/AIDS, 

12 individuals with mental health or substance use 

13 disorders, individuals who are homeless, and sur14 vivors’’; 

15 (C) in subsection (c)(1)— 

16 (i) in subparagraph (A)— 

17 (I) by striking ‘‘advancement for 

18 nursing personnel’’ and inserting the 

19 following: ‘‘advancement for— 

20 ‘‘(i) nursing’’; 

21 (II) by striking ‘‘professional 

22 nurses, advanced education nurses, li23 censed practical nurses, certified nurse 

24 assistants, and home health aides’’ and 

25 inserting ‘‘professional registered 
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1 nurses, advanced practice registered 

2 nurses, and nurses with graduate nurs3 ing education’’; and 

4 (III) by adding at the end the fol5 lowing: 

6 ‘‘(ii) individuals including licensed 

7 practical nurses, licensed vocational nurses, 

8 certified nurse assistants, home health aides, 

9 diploma degree or associate degree nurses, 

10 and other health professionals, such as 

11 health aides or community health practi12 tioners certified under the Community 

13 Health Aide Program of the Indian Health 

14 Service, to become registered nurses with 

15 baccalaureate degrees or nurses with grad16 uate nursing education;’’; 

17 (ii) in subparagraph (B), by striking 

18 the period and inserting ‘‘; and’’; and 

19 (iii) by adding at the end the fol20 lowing: 

21 ‘‘(C) developing and implementing intern22 ships, accredited fellowships, and accredited resi23 dency programs in collaboration with one or 

24 more accredited schools of nursing, to encourage 

25 the mentoring and development of specialties.’’; 
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1 (D) by striking subsections (e) and (h); 

2 (E) by redesignating subsections (f) and (g), 

3 as subsections (e) and (f), respectively; 

4 (F) in subsection (e) (as so redesignated), 

5 by striking ‘‘The Secretary shall submit to the 

6 Congress before the end of each fiscal year’’ and 

7 inserting ‘‘As part of the report on nursing 

8 workforce programs described in section 806(i), 

9 the Secretary shall include’’; and 

10 (G) in subsection (f) (as so redesignated), by 

11 striking ‘‘a school of nursing, as defined in sec12 tion 801(2),,’’ and inserting ‘‘an accredited 

13 school of nursing, as defined in section 801(2), a 

14 health care facility, including federally qualified 

15 health centers or nurse-managed health clinics, 

16 or a partnership of such a school and facility’’; 

17 (7) by striking section 831A (42 U.S.C. 296p–1); 

18 (8) in section 846 (42 U.S.C. 297n)— 

19 (A) by striking the last sentence of sub20 section (a); 

21 (B) in subsection (b)(1), by striking ‘‘he 

22 began such practice’’ and inserting ‘‘the indi23 vidual began such practice’’; and 

24 (C) in subsection (i), by striking ‘‘FUND25 ING’’ in the subsection heading and all that fol-
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1 lows through ‘‘paragraph (1)’’ in paragraph (2), 

2 and inserting the following: ‘‘ALLOCATIONS.—Of 

3 the amounts appropriated under section 

4 871(b),’’; 

5 (9) in section 846A (42 U.S.C. 247n–1), by 

6 striking subsection (f); 

7 (10) in section 847 (42 U.S.C. 297o), by striking 

8 subsection (g); 

9 (11) in section 851 (42 U.S.C. 297t)— 

10 (A) in subsection (b)(1)(A)(iv), by striking 

11 ‘‘and nurse anesthetists’’ and inserting ‘‘nurse 

12 anesthetists, and clinical nurse specialists’’; 

13 (B) in subsection (d)(3)— 

14 (i) by striking ‘‘3 years after the date 

15 of enactment of this section’’ and inserting 

16 ‘‘2 years after the date of enactment of the 

17 Title VIII Nursing Reauthorization Act’’; 

18 (ii) by striking ‘‘Labor and Human 

19 Resources’’ and inserting ‘‘Health, Edu20 cation, Labor, and Pensions’’; and 

21 (iii) by inserting ‘‘Energy and’’ before 

22 ‘‘Commerce’’; and 

23 (C) in subsection (g), by striking ‘‘under 

24 this title’’ and inserting ‘‘for carrying out parts 

25 B, C, and D’’; 
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1 (12) by striking sections 861 and 862 (42 U.S.C. 

2 297w and 297x); and 

3 (13) in section 871 (42 U.S.C. 298d)— 

4 (A) by striking ‘‘For the purpose of’’ and 

5 inserting the following: 

6 ‘‘(a) IN GENERAL.—For the purpose of’’; 

7 (B) by striking ‘‘$338,000,000 for fiscal 

8 year 2010, and such sums as may be necessary 

9 for each of the fiscal years 2011 through 2016’’ 

10 and inserting ‘‘$137,837,000 for each of fiscal 

11 years 2021 through 2025’’; and 

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

13 ‘‘(b) PART E.—For the purpose of carrying out part 

14 E, there are authorized to be appropriated $117,135,000 for 

15 each of the fiscal years 2021 through 2025.’’. 

16 (b) EVALUATION AND REPORT ON NURSE LOAN RE17 PAYMENT PROGRAMS.— 

18 (1) EVALUATION.—The Comptroller General 

19 shall conduct an evaluation of the nurse loan repay20 ment programs administered by the Health Resources 

21 and Services Administration. Such evaluation shall 

22 include— 

23 (A) the manner in which payments are 

24 made under such programs; 
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1 (B) the existing oversight functions nec2 essary to ensure the proper use of such programs, 

3 including payments made as part of such pro4 grams; 

5 (C) the identification of gaps, if any, in 

6 oversight functions; and 

7 (D) information on the number of nurses 

8 assigned to facilities pursuant to such programs, 

9 including the type of facility to which nurses are 

10 assigned and the impact of modifying the eligi11 bility requirements for programs under section 

12 846 of the Public Health Service Act (42 U.S.C. 

13 297n), such as the impact on entities to which 

14 nurses had previously been assigned prior to fis15 cal year 2019 (such as federally qualified health 

16 centers and facilities affiliated with the Indian 

17 Health Service). 

18 (2) REPORT.—Not later than 18 months after the 

19 enactment of this Act, the Comptroller General shall 

20 submit to the Committee on Health, Education, 

21 Labor, and Pensions of the Senate and the Committee 

22 on Energy and Commerce of the House of Representa23 tives, a report on the evaluation under paragraph (1), 

24 which may include recommendations to improve rel25 evant nursing workforce loan repayment programs. 
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1 Subtitle B—Education Provisions 

2 SEC. 3501. SHORT TITLE. 

3 This subtitle may be cited as the ‘‘COVID–19 Pan4 demic Education Relief Act of 2020’’. 

5 SEC. 3502. DEFINITIONS. 

6 (a) DEFINITIONS.—In this subtitle: 

7 (1) CORONAVIRUS.—The term ‘‘coronavirus’’ has 

8 the meaning given the term in section 506 of the 

9 Coronavirus Preparedness and Response Supple10 mental Appropriations Act, 2020 (Public Law 116– 

11 123). 

12 (2) FOREIGN INSTITUTION.—The term ‘‘foreign 

13 institution’’ means an institution of higher education 

14 located outside the United States that is described in 

15 paragraphs (1)(C) and (2) of section 102(a) of the 

16 Higher Education Act of 1965 (20 U.S.C. 1002(a)). 

17 (3) INSTITUTION OF HIGHER EDUCATION.—The 

18 term ‘‘institution of higher education’’ has the mean19 ing of the term under section 102 of the Higher Edu20 cation Act of 1965 (20 U.S.C. 1002). 

21 (4) QUALIFYING EMERGENCY.—The term ‘‘quali22 fying emergency’’ means— 

23 (A) a public health emergency related to the 

24 coronavirus declared by the Secretary of Health 
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1 and Human Services pursuant to section 319 of 

2 the Public Health Service Act (42 U.S.C. 247d); 

3 (B) an event related to the coronavirus for 

4 which the President declared a major disaster or 

5 an emergency under section 401 or 501, respec6 tively, of the Robert T. Stafford Disaster Relief 

7 and Emergency Assistance Act (42 U.S.C. 5170 

8 and 5191); or 

9 (C) a national emergency related to the 

10 coronavirus declared by the President under sec11 tion 201 of the National Emergencies Act (50 

12 U.S.C. 1601 et seq.). 

13 (5) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Education. 

15 SEC. 3503. CAMPUS-BASED AID WAIVERS. 

16 (a) WAIVER OF NON-FEDERAL SHARE REQUIRE17 MENT.—Notwithstanding sections 413C(a)(2) and 443(b)(5) 

18 of the Higher Education Act of 1965 (20 U.S.C. 1070b– 

19 2(a)(2) and 1087–53(b)(5)), with respect to funds made 

20 available for award years 2019–2020 and 2020–2021, the 

21 Secretary shall waive the requirement that a participating 

22 institution of higher education provide a non-Federal share 

23 to match Federal funds provided to the institution for the 

24 programs authorized pursuant to subpart 3 of part A and 

25 part C of title IV of the Higher Education Act of 1965 (20 
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1 U.S.C. 1070b et seq. and 1087–51 et seq.) for all awards 

2 made under such programs during such award years, except 

3 nothing in this subsection shall affect the non-Federal share 

4 requirement under section 443(c)(3) that applies to private 

5 for-profit organizations. 

6 (b) AUTHORITY TO REALLOCATE.—Notwithstanding 

7 sections 413D, 442, and 488 of the Higher Education Act 

8 of 1965 (20 U.S.C. 1070b–3, 1087–52, and 1095), during 

9 a period of a qualifying emergency, an institution may 

10 transfer up to 100 percent of the institution’s unexpended 

11 allotment under section 442 of such Act to the institution’s 

12 allotment under section 413D of such Act, but may not 

13 transfer any funds from the institution’s unexpended allot14 ment under section 413D of such Act to the institution’s 

15 allotment under section 442 of such Act. 

16 SEC. 3504. USE OF SUPPLEMENTAL EDUCATIONAL OPPOR17 TUNITY GRANTS FOR EMERGENCY AID. 

18 (a) IN GENERAL.—Notwithstanding section 413B of 

19 the Higher Education Act of 1965 (20 U.S.C. 1070b–1), an 

20 institution of higher education may reserve any amount of 

21 an institution’s allocation under subpart 3 of part A of title 

22 IV of the Higher Education Act of 1965 (20 U.S.C. 1070b 

23 et seq.) for a fiscal year to award, in such fiscal year, emer24 gency financial aid grants to assist undergraduate or grad-
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1 uate students for unexpected expenses and unmet financial 

2 need as the result of a qualifying emergency. 

3 (b) DETERMINATIONS.—In determining eligibility for 

4 and awarding emergency financial aid grants under this 

5 section, an institution of higher education may— 

6 (1) waive the amount of need calculation under 

7 section 471 of the Higher Education Act of 1965 (20 

8 U.S.C. 1087kk); 

9 (2) allow for a student affected by a qualifying 

10 emergency to receive funds in an amount that is not 

11 more than the maximum Federal Pell Grant for the 

12 applicable award year; and 

13 (3) utilize a contract with a scholarship-granting 

14 organization designated for the sole purpose of accept15 ing applications from or disbursing funds to students 

16 enrolled in the institution of higher education, if such 

17 scholarship-granting organization disburses the full 

18 allocated amount provided to the institution of higher 

19 education to the recipients. 

20 (c) SPECIAL RULE.—Any emergency financial aid 

21 grants to students under this section shall not be treated 

22 as other financial assistance for the purposes of section 471 

23 of the Higher Education Act of 1965 (20 U.S.C. 1087kk). 
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1 SEC. 3505. FEDERAL WORK-STUDY DURING A QUALIFYING 

2 EMERGENCY. 

3 (a) IN GENERAL.—In the event of a qualifying emer4 gency, an institution of higher education participating in 

5 the program under part C of title IV of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1087–51 et seq.) may make 

7 payments under such part to affected work-study students, 

8 for the period of time (not to exceed one academic year) 

9 in which affected students were unable to fulfill the students’ 

10 work-study obligation for all or part of such academic year 

11 due to such qualifying emergency, as follows: 

12 (1) Payments may be made under such part to 

13 affected work-study students in an amount equal to or 

14 less than the amount of wages such students would 

15 have been paid under such part had the students been 

16 able to complete the work obligation necessary to re17 ceive work study funds, as a one time grant or as 

18 multiple payments. 

19 (2) Payments shall not be made to any student 

20 who was not eligible for work study or was not com21 pleting the work obligation necessary to receive work 

22 study funds under such part prior to the occurrence 

23 of the qualifying emergency. 

24 (3) Any payments made to affected work-study 

25 students under this subsection shall meet the matching 

26 requirements of section 443 of the Higher Education 
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1 Act of 1965 (20 U.S.C. 1087–53), unless such match2 ing requirements are waived by the Secretary. 

3 (b) DEFINITION OF AFFECTED WORK-STUDY STU4 DENT.—In this section, the term ‘‘affected work-study stu5 dent’’ means a student enrolled at an eligible institution 

6 participating in the program under part C of title IV of 

7 the Higher Education Act of 1965 (20 U.S.C. 1087–51 et 

8 seq.) who— 

9 (1) received a work-study award under section 

10 443 of the Higher Education Act of 1965 (20 U.S.C. 

11 1087–53) for the academic year during which a 

12 qualifying emergency occurred; 

13 (2) earned Federal work-study wages from such 

14 eligible institution for such academic year; and 

15 (3) was prevented from fulfilling the student’s 

16 work-study obligation for all or part of such academic 

17 year due to such qualifying emergency. 

18 SEC. 3506. ADJUSTMENT OF SUBSIDIZED LOAN USAGE LIM19 ITS. 

20 Notwithstanding section 455(q)(3) of the Higher Edu21 cation Act of 1965 (20 U.S.C. 1087e(q)(3)), the Secretary 

22 shall exclude from a student’s period of enrollment for pur23 poses of loans made under part D of title IV of the Higher 

24 Education Act of 1965 (20 U.S.C. 1087a et seq.) any semes25 ter (or the equivalent) that the student does not complete 
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1 due to a qualifying emergency, if the Secretary is able to 

2 administer such policy in a manner that limits complexity 

3 and the burden on the student. 

4 SEC. 3507. EXCLUSION FROM FEDERAL PELL GRANT DURA5 TION LIMIT. 

6 The Secretary shall exclude from a student’s Federal 

7 Pell Grant duration limit under section 401(c)(5) of the 

8 Higher Education Act of 1965 (2 U.S.C. 1070a(c)(5)) any 

9 semester (or the equivalent) that the student does not com10 plete due to a qualifying emergency if the Secretary is able 

11 to administer such policy in a manner that limits com12 plexity and the burden on the student. 

13 SEC. 3508. INSTITUTIONAL REFUNDS AND FEDERAL STU14 DENT LOAN FLEXIBILITY. 

15 (a) INSTITUTIONAL WAIVER.— 

16 (1) IN GENERAL.—The Secretary shall waive the 

17 institutional requirement under section 484B of the 

18 Higher Education Act of 1965 (20 U.S.C. 1091b) 

19 with respect to the amount of grant or loan assistance 

20 (other than assistance received under part C of title 

21 IV of such Act) to be returned under such section if 

22 a recipient of assistance under title IV of the Higher 

23 Education Act of 1965 (20 U.S.C. 1070 et seq.) with24 draws from the institution of higher education during 
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1 the payment period or period of enrollment as a re2 sult of a qualifying emergency. 

3 (2) WAIVERS.—The Secretary shall require each 

4 institution using a waiver relating to the withdrawal 

5 of recipients under this subsection to report the num6 ber of such recipients, the amount of grant or loan as7 sistance (other than assistance received under part C 

8 of title IV of such Act) associated with each such re9 cipient, and the total amount of grant or loan assist10 ance (other than assistance received under part C of 

11 title IV of such Act) for which each institution has 

12 not returned assistance under title IV to the Sec13 retary. 

14 (b) STUDENT WAIVER.—The Secretary shall waive the 

15 amounts that students are required to return under section 

16 484B of the Higher Education Act of 1965 (20 U.S.C. 

17 1091b) with respect to Federal Pell Grants or other grant 

18 assistance if the withdrawals on which the returns are 

19 based, are withdrawals by students who withdrew from the 

20 institution of higher education as a result of a qualifying 

21 emergency. 

22 (c) CANCELING LOAN OBLIGATION.—Notwithstanding 

23 any other provision of the Higher Education Act of 1965 

24 (20 U.S.C. 1001 et seq.), the Secretary shall cancel the bor25 rower’s obligation to repay the entire portion of a loan 
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1 made under part D of title IV of such Act (20 U.S.C. 1087a 

2 et seq.) associated with a payment period for a recipient 

3 of such loan who withdraws from the institution of higher 

4 education during the payment period as a result of a quali5 fying emergency. 

6 (d) APPROVED LEAVE OF ABSENCE.—Notwithstanding 

7 any other provision of the Higher Education Act of 1965 

8 (20 U.S.C. 1001 et seq.), for purposes of receiving assistance 

9 under title IV of the Higher Education Act of 1965 (20 

10 U.S.C. 1070 et seq.), an institution of higher education 

11 may, as a result of a qualifying emergency, provide a stu12 dent with an approved leave of absence that does not require 

13 the student to return at the same point in the academic 

14 program that the student began the leave of absence if the 

15 student returns within the same semester (or the equiva16 lent). 

17 SEC. 3509. SATISFACTORY ACADEMIC PROGRESS. 

18 Notwithstanding section 484 of the Higher Education 

19 Act of 1965 (20 U.S.C. 1091), in determining whether a 

20 student is maintaining satisfactory academic progress for 

21 purposes of title IV of the Higher Education Act of 1965 

22 (20 U.S.C. 1070 et seq.), an institution of higher education 

23 may, as a result of a qualifying emergency, exclude from 

24 the quantitative component of the calculation any at-
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1 tempted credits that were not completed by such student 

2 without requiring an appeal by such student. 

3 SEC. 3510. CONTINUING EDUCATION AT AFFECTED FOR4 EIGN INSTITUTIONS. 

5 (a) IN GENERAL.—Notwithstanding section 481(b) of 

6 the Higher Education Act of 1965 (20 U.S.C. 1088(b)), with 

7 respect to a foreign institution, in the case of a public health 

8 emergency, major disaster or emergency, or national emer9 gency declared by the applicable government authorities in 

10 the country in which the foreign institution is located, the 

11 Secretary may permit any part of an otherwise eligible pro12 gram to be offered via distance education for the duration 

13 of such emergency or disaster and the following payment 

14 period for purposes of title IV of the Higher Education Act 

15 of 1965 (20 U.S.C. 1070 et seq.). 

16 (b) ELIGIBILITY.—An otherwise eligible program that 

17 is offered in whole or in part through distance education 

18 by a foreign institution between March 1, 2020, and the 

19 date of enactment of this Act shall be deemed eligible for 

20 the purposes of part D of title IV of the Higher Education 

21 Act of 1965 (20 U.S.C. 1087a et seq.) for the duration of 

22 the qualifying emergency and the following payment period 

23 for purposes of title IV of the Higher Education Act of 1965 

24 (20 U.S.C. 1070 et seq.). An institution of higher education 
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1 that uses the authority provided in the previous sentence 

2 shall report such use to the Secretary— 

3 (1) for the 2019–2020 award year, not later than 

4 June 30, 2020; and 

5 (2) for an award year subsequent to the 2019– 

6 2020 award year, not later than 30 days after such 

7 use. 

8 (c) REPORT.—Not later than 180 days after the date 

9 of enactment of this Act, and every 180 days thereafter for 

10 the duration of the qualifying emergency and the following 

11 payment period, the Secretary shall submit to the author12 izing committees (as defined in section 103 of the Higher 

13 Education Act of 1965 (20 U.S.C. 1003)) a report that 

14 identifies each foreign institution that carried out a dis15 tance education program authorized under this section. 

16 (d) WRITTEN ARRANGEMENTS.— 

17 (1) IN GENERAL.—Notwithstanding section 102 

18 of the Higher Education Act of 1965 (20 U.S.C. 

19 1002), for the duration of a qualifying emergency and 

20 the following payment period, the Secretary may 

21 allow a foreign institution to enter into a written ar22 rangement with an institution of higher education lo23 cated in the United States that participates in the 

24 Federal Direct Loan Program under part D of title 

25 IV of the Higher Education Act of 1965 (20 U.S.C. 
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1 1087a et seq.) for the purpose of allowing a student 

2 of the foreign institution who is a borrower of a loan 

3 made under such part to take courses from the insti4 tution of higher education located in the United 

5 States. 

6 (2) FORM OF ARRANGEMENTS.— 

7 (A) PUBLIC OR OTHER NONPROFIT INSTITU8 TIONS.—A foreign institution that is a public or 

9 other nonprofit institution may enter into a 

10 written arrangement under subsection (a) only 

11 with an institution of higher education described 

12 in section 101 of such Act (20 U.S.C. 1001). 

13 (B) OTHER INSTITUTIONS.—A foreign insti14 tution that is a graduate medical school, nursing 

15 school, or a veterinary school and that is not a 

16 public or other nonprofit institution may enter 

17 into a written arrangement under subsection (a) 

18 with an institution of higher education described 

19 in section 101 or section 102 of such Act (20 

20 U.S.C. 1001 and 1002). 

21 (3) REPORT ON USE.—An institution of higher 

22 education that uses the authority described in para23 graph (2) shall report such use to the Secretary— 

24 (A) for the 2019–2020 award year, not later 

25 than June 30, 2020; and 
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1 (B) for an award year subsequent to the 

2 2019–2020 award year, not later than 30 days 

3 after such use. 

4 (4) REPORT FROM THE SECRETARY.—Not later 

5 than 180 days after the date of enactment of this Act, 

6 and every 180 days thereafter for the duration of the 

7 qualifying emergency and the following payment pe8 riod, the Secretary shall submit to the authorizing 

9 committees (as defined in section 103 of the Higher 

10 Education Act of 1965 (20 U.S.C. 1003)) a report 

11 that identifies each foreign institution that entered 

12 into a written arrangement authorized under sub13 section (a). 

14 SEC. 3511. NATIONAL EMERGENCY EDUCATIONAL WAIVERS. 

15 (a) IN GENERAL.—Notwithstanding any other provi16 sion of law, the Secretary may, upon the request of a State 

17 educational agency or Indian tribe, waive any statutory or 

18 regulatory provision described under paragraphs (1) and 

19 (2) of subsection (b), and upon the request of a local edu20 cational agency, waive any statutory or regulatory provi21 sion described under paragraph (2) of subsection (b), if the 

22 Secretary determines that such a waiver is necessary and 

23 appropriate due to the emergency involving Federal pri24 mary responsibility determined to exist by the President 

25 under the section 501(b) of the Robert T. Stafford Disaster 
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1 Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) 

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

3 (b) APPLICABLE PROVISIONS OF LAW.— 

4 (1) STREAMLINED WAIVERS.—The Secretary 

5 shall create an expedited application process to re6 quest a waiver and the Secretary may waive any 

7 statutory or regulatory requirements for a State edu8 cational agency (related to assessments, account9 ability, and reporting requirements related to assess10 ments and accountability), if the Secretary deter11 mines that such a waiver is necessary and appro12 priate as described in subsection (a), under the fol13 lowing provisions of law: 

14 (A) The following provisions under section 

15 1111 of the Elementary and Secondary Edu16 cation Act of 1965 (20 U.S.C. 6311): 

17 (i) Paragraphs (2) and (3) of sub18 section (b). 

19 (ii) Subsection (c)(4). 

20 (iii) Subparagraphs (C) and (D) of 

21 subsection (d)(2). 

22 (iv) The following provisions under 

23 subsection (h) of such section 1111: 
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1 (I) Clauses (i), (ii), (iii)(I), (iv), 

2 (v), (vi), (vii), and (xi) of paragraph 

3 (1)(C). 

4 (II) Paragraph (2)(C) with re5 spect to the waived requirements under 

6 subclause (I). 

7 (III) Clauses (i) and (ii) of para8 graph (2)(C). 

9 (B) Section 421(b) of the General Edu10 cation Provisions Act (20 U.S.C. 1225(b)). 

11 (2) STATE AND LOCALLY-REQUESTED WAIV12 ERS.—For a State educational agency, local edu13 cational agency, or Indian tribe that receives funds 

14 under a program authorized under the Elementary 

15 and Secondary Education Act of 1965 (20 U.S.C. 

16 6301 et seq.) that requests a waiver under subsection 

17 (c), the Secretary may waive statutory and regulatory 

18 requirements under any of the following provisions of 

19 such Act: 

20 (A) Section 1114(a)(1). 

21 (B) Section 1118(a) and section 8521. 

22 (C) Section 1127. 

23 (D) Section 4106(d). 

24 (E) Subparagraphs (C), (D), and (E) of 

25 section 4106(e)(2). 
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1 (F) Section 4109(b). 

2 (G) The definition under section 8101(42) 

3 for purposes of the Elementary and Secondary 

4 Education Act of 1965 (20 U.S.C. 6301 et seq.). 

5 (3) APPLICABILITY TO CHARTER SCHOOLS.—Any 

6 waivers issued by the Secretary under this section 

7 shall be implemented, as applicable— 

8 (A) for all public schools, including public 

9 charter schools within the boundaries of the re10 cipient of the waiver; 

11 (B) in accordance with State charter school 

12 law; and 

13 (C) pursuant to section 1111(c)(5) of the 

14 Elementary and Secondary Education Act of 

15 1965 (20 U.S.C. 6311(c)(5)). 

16 (4) LIMITATION.—Nothing in this section shall 

17 be construed to allow the Secretary to waive any stat18 utory or regulatory requirements under applicable 

19 civil rights laws. 

20 (5) ACCOUNTABILITY AND IMPROVEMENT.—Any 

21 school located in a State that receives a waiver under 

22 paragraph (1) and that is identified for comprehen23 sive support and improvement, targeted support and 

24 improvement, or additional targeted support in the 

25 2019–2020 school year under section 1111(c)(4)(D) or 
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1 section 1111(d)(2) of the Elementary and Secondary 

2 Education Act of 1965 (20 U.S.C. 6311(c)(4)(D) or 

3 (d)(2)) shall maintain that identification status in 

4 the 2020–2021 school year and continue to receive 

5 supports and interventions consistent with the school’s 

6 support and improvement plan in the 2020–2021 

7 school year. 

8 (c) STATE AND LOCAL REQUESTS FOR WAIVERS.— 

9 (1) IN GENERAL.—A State educational agency, 

10 local educational agency, or Indian tribe that desires 

11 a waiver from any statutory or regulatory provision 

12 described under subsection (b)(2), may submit a 

13 waiver request to the Secretary in accordance with 

14 this subsection. 

15 (2) REQUESTS SUBMITTED.—A request for a 

16 waiver under this subsection shall— 

17 (A) identify the Federal programs affected 

18 by the requested waiver; 

19 (B) describe which Federal statutory or reg20 ulatory requirements are to be waived; 

21 (C) describe how the emergency involving 

22 Federal primary responsibility determined to 

23 exist by the President under the section 501(b) of 

24 the Robert T. Stafford Disaster Relief and Emer25 gency Assistance Act (42 U.S.C. 5191(b)) with 
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1 respect to the Coronavirus Disease 2019 

2 (COVID–19) prevents or otherwise restricts the 

3 ability of the State, State educational agency, 

4 local educational agency, Indian tribe, or school 

5 to comply with such statutory or regulatory re6 quirements; and 

7 (D) provide an assurance that the State 

8 educational agency, local educational agency, or 

9 Indian tribe will work to mitigate any negative 

10 effects, if any, that may occur as a result of the 

11 requested waiver. 

12 (3) SECRETARY APPROVAL.— 

13 (A) IN GENERAL.—Except as provided 

14 under subparagraph (B), the Secretary shall ap15 prove or disapprove a waiver request submitted 

16 under paragraph (1) not more than 30 days 

17 after the date on which such request is submitted. 

18 (B) EXCEPTIONS.—The Secretary may dis19 approve a waiver request submitted under para20 graph (1), only if the Secretary determines 

21 that— 

22 (i) the waiver request does not meet the 

23 requirements of this section; 

24 (ii) the waiver is not permitted pursu25 ant to subsection (b)(2); or 
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1 (iii) the description required under 

2 paragraph (2)(C) provides insufficient in3 formation to demonstrate that the waiving 

4 of such requirements is necessary or appro5 priate consistent with subsection (a). 

6 (4) DURATION.—A waiver approved by the Sec7 retary under this section may be for a period not to 

8 exceed the 2019–2020 academic year, except to carry 

9 out full implementation of any maintenance of effort 

10 waivers granted during the 2019–2020 academic 

11 year. 

12 (d) REPORTING AND PUBLICATION.— 

13 (1) PUBLIC NOTICE.—A State educational agen14 cy, Indian Tribe, or local educational agency request15 ing a waiver under subsection (b)(2) shall provide the 

16 public and all local educational agencies in the State 

17 with notice of, and the opportunity to comment on, 

18 the request by posting information regarding the 

19 waiver request and the process for commenting on the 

20 State website. 

21 (2) NOTIFYING CONGRESS.—Not later than 7 

22 days after granting a waiver under this section, the 

23 Secretary shall notify the Committee on Health, Edu24 cation, Labor, and Pensions of the Senate, the Com25 mittee on Appropriations of the Senate, the Com-
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1 mittee on Education and Labor of the House of Rep2 resentatives, and the Committee on Appropriations of 

3 the House of Representatives of such waiver. 

4 (3) PUBLICATION.—Not later than 30 days after 

5 granting a waiver under this section, the Secretary 

6 shall publish a notice of the Secretary’s decision (in7 cluding which waiver was granted and the reason for 

8 granting the waiver) in the Federal Register and on 

9 the website of the Department of Education. 

10 (4) REPORT.—Not later than 30 days after the 

11 date of enactment of this Act, the Secretary shall pre12 pare and submit a report to the Committee on 

13 Health, Education, Labor, and Pensions and the 

14 Committee on Appropriations of the Senate, and the 

15 Committee on Education and Labor and the Com16 mittee on Appropriations of the House of Representa17 tives, with recommendations on any additional waiv18 ers under the Individuals with Disabilities Education 

19 Act (20 U.S.C. 1401 et seq.), the Rehabilitation Act 

20 of 1973 (29 U.S.C. 701 et seq.), the Elementary and 

21 Secondary Education Act of 1965 (20 U.S.C. 6301 et 

22 seq.), and the Carl D. Perkins Career and Technical 

23 Education Act of 2006 (20 U.S.C. 2301 et seq.) the 

24 Secretary believes are necessary to be enacted into law 

25 to provide limited flexibility to States and local edu-
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1 cational agencies to meet the needs of students during 

2 the emergency involving Federal primary responsi3 bility determined to exist by the President under sec4 tion 501(b) of the Robert T. Stafford Disaster Relief 

5 and Emergency Assistance Act (42 U.S.C. 5191(b)) 

6 with respect to the Coronavirus Disease 2019 

7 (COVID–19). 

8 (e) TERMS.—In this section, the term ‘‘State edu9 cational agency’’ includes the Bureau of Indian Education, 

10 and the term ‘‘local educational agency’’ includes Bureau 

11 of Indian Education funded schools operated pursuant to 

12 a grant under the Tribally Controlled Schools Act of 1988 

13 (25 U.S.C. 2501 et seq.), or a contract under the Indian 

14 Self-Determination and Education Assistance Act (25 

15 U.S.C. 5301 et seq.). 

16 SEC. 3512. HBCU CAPITAL FINANCING. 

17 (a) DEFERMENT PERIOD.— 

18 (1) IN GENERAL.—Notwithstanding any provi19 sion of title III of the Higher Education Act of 1965 

20 (20 U.S.C. 1051 et seq.), or any regulation promul21 gated under such title, the Secretary may grant a 

22 deferment, for the duration of a qualifying emergency, 

23 to an institution that has received a loan under part 

24 D of title III of such Act (20 U.S.C. 1066 et seq.). 
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1 (2) TERMS.—During the deferment period grant2 ed under this subsection— 

3 (A) the institution shall not be required to 

4 pay any periodic installment of principal or in5 terest required under the loan agreement for such 

6 loan; and 

7 (B) the Secretary shall make principal and 

8 interest payments otherwise due under the loan 

9 agreement. 

10 (3) CLOSING.—At the closing of a loan deferred 

11 under this subsection, terms shall be set under which 

12 the institution shall be required to repay the Sec13 retary for the payments of principal and interest 

14 made by the Secretary during the deferment, on a 

15 schedule that begins upon repayment to the lender in 

16 full on the loan agreement, except in no case shall re17 payment be required to begin before the date that is 

18 1 full fiscal year after the date that is the end of the 

19 qualifying emergency. 

20 (b) TERMINATION DATE.— 

21 (1) IN GENERAL.—The authority provided under 

22 this section to grant a loan deferment under sub23 section (a) shall terminate on the date on which the 

24 qualifying emergency is no longer in effect. 
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1 (2) DURATION.—Any provision of a loan agree2 ment or insurance agreement modified by the author3 ity under this section shall remain so modified for the 

4 duration of the period covered by the loan agreement 

5 or insurance agreement. 

6 (c) REPORT.—Not later than 180 days after the date 

7 of enactment of this Act, and every 180 days thereafter dur8 ing the period beginning on the first day of the qualifying 

9 emergency and ending on September 30 of the fiscal year 

10 following the end of the qualifying emergency, the Secretary 

11 shall submit to the authorizing committees (as defined in 

12 section 103 of the Higher Education Act of 1965 (20 U.S.C. 

13 1003)) a report that identifies each institution that received 

14 assistance under this section. 

15 (d) FUNDING.—There is hereby appropriated, out of 

16 any money in the Treasury not otherwise appropriated, 

17 $62,000,000 to carry out this section. 

18 SEC. 3513. TEMPORARY RELIEF FOR FEDERAL STUDENT 

19 LOAN BORROWERS. 

20 (a) IN GENERAL.—The Secretary shall suspend all 

21 payments due for loans made under part D and part B 

22 (that are held by the Department of Education) of title IV 

23 of the Higher Education Act of 1965 (20 U.S.C. 1087a et 

24 seq.; 1071 et seq.) through September 30, 2020. 
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1 (b) NO ACCRUAL OF INTEREST.—Notwithstanding any 

2 other provision of the Higher Education Act of 1965 (20 

3 U.S.C. 1001 et seq.), interest shall not accrue on a loan 

4 described under subsection (a) for which payment was sus5 pended for the period of the suspension. 

6 (c) CONSIDERATION OF PAYMENTS.—Notwithstanding 

7 any other provision of the Higher Education Act of 1965 

8 (20 U.S.C. 1001 et seq.), the Secretary shall deem each 

9 month for which a loan payment was suspended under this 

10 section as if the borrower of the loan had made a payment 

11 for the purpose of any loan forgiveness program or loan 

12 rehabilitation program authorized under part D or B of 

13 title IV of the Higher Education Act of 1965 (20 U.S.C. 

14 1087a et seq.; 1071 et seq.) for which the borrower would 

15 have otherwise qualified. 

16 (d) REPORTING TO CONSUMER REPORTING AGEN17 CIES.—During the period in which the Secretary suspends 

18 payments on a loan under subsection (a), the Secretary 

19 shall ensure that, for the purpose of reporting information 

20 about the loan to a consumer reporting agency, any pay21 ment that has been suspended is treated as if it were a regu22 larly scheduled payment made by a borrower. 

23 (e) SUSPENDING INVOLUNTARY COLLECTION.—During 

24 the period in which the Secretary suspends payments on 
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1 a loan under subsection (a), the Secretary shall suspend all 

2 involuntary collection related to the loan, including— 

3 (1) a wage garnishment authorized under section 

4 488A of the Higher Education Act of 1965 (20 U.S.C. 

5 1095a) or section 3720D of title 31, United States 

6 Code; 

7 (2) a reduction of tax refund by amount of debt 

8 authorized under section 3720A of title 31, United 

9 States Code, or section 6402(d) of the Internal Rev10 enue Code of 1986; 

11 (3) a reduction of any other Federal benefit pay12 ment by administrative offset authorized under sec13 tion 3716 of title 31, United States Code (including 

14 a benefit payment due to an individual under the So15 cial Security Act or any other provision described in 

16 subsection (c)(3)(A)(i) of such section); and 

17 (4) any other involuntary collection activity by 

18 the Secretary. 

19 (f) WAIVERS.—In carrying out this section, the Sec20 retary may waive the application of— 

21 (1) subchapter I of chapter 35 of title 44, United 

22 States Code (commonly known as the ‘‘Paperwork Re23 duction Act’’); 
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1 (2) the master calendar requirements under sec2 tion 482 of the Higher Education Act of 1965 (20 

3 U.S.C. 1089); 

4 (3) negotiated rulemaking under section 492 of 

5 the Higher Education Act of 1965 (20 U.S.C. 1098a); 

6 and 

7 (4) the requirement to publish the notices related 

8 to the system of records of the agency before imple9 mentation required under paragraphs (4) and (11) of 

10 section 552a(e) of title 5, United States Code (com11 monly known as the ‘‘Privacy Act of 1974’’), except 

12 that the notices shall be published not later than 180 

13 days after the date of enactment of this Act. 

14 (g) NOTICE TO BORROWERS AND TRANSITION PE15 RIOD.—To inform borrowers of the actions taken in accord16 ance with this section and ensure an effective transition, 

17 the Secretary shall— 

18 (1) not later than 15 days after the date of en19 actment of this Act, notify borrowers— 

20 (A) of the actions taken in accordance with 

21 subsections (a) and (b) for whom payments have 

22 been suspended and interest waived; 

23 (B) of the actions taken in accordance with 

24 subsection (e) for whom collections have been sus25 pended; 
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1 (C) of the option to continue making pay2 ments toward principal; and 

3 (D) that the program under this section is 

4 a temporary program. 

5 (2) beginning on August 1, 2020, carry out a 

6 program to provide not less than 6 notices by postal 

7 mail, telephone, or electronic communication to bor8 rowers indicating— 

9 (A) when the borrower’s normal payment 

10 obligations will resume; and 

11 (B) that the borrower has the option to en12 roll in income-driven repayment, including a 

13 brief description of such options. 

14 SEC. 3514. PROVISIONS RELATED TO THE CORPORATION 

15 FOR NATIONAL AND COMMUNITY SERVICE. 

16 (a) ACCRUAL OF SERVICE HOURS.— 

17 (1) ACCRUAL THROUGH OTHER SERVICE

18 HOURS.— 

19 (A) IN GENERAL.—Notwithstanding any 

20 other provision of the Domestic Volunteer Service 

21 Act of 1973 (42 U.S.C. 4950 et seq.) or the Na22 tional and Community Service Act of 1990 (42 

23 U.S.C. 12501 et seq.), the Corporation for Na24 tional and Community Service shall allow an 

25 individual described in subparagraph (B) to ac-
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1 crue other service hours that will count toward 

2 the number of hours needed for the individual’s 

3 education award. 

4 (B) AFFECTED INDIVIDUALS.—Subpara5 graph (A) shall apply to any individual serving 

6 in a position eligible for an educational award 

7 under subtitle D of title I of the National and 

8 Community Service Act of 1990 (42 U.S.C. 

9 12601 et seq.)— 

10 (i) who is performing limited service 

11 due to COVID–19; or 

12 (ii) whose position has been suspended 

13 or placed on hold due to COVID–19. 

14 (2) PROVISIONS IN CASE OF EARLY EXIT.—In 

15 any case where an individual serving in a position 

16 eligible for an educational award under subtitle D of 

17 title I of the National and Community Service Act of 

18 1990 (42 U.S.C. 12601 et seq.) was required to exit 

19 the position early at the direction of the Corporation 

20 for National and Community Service, the Chief Exec21 utive Officer of the Corporation for National and 

22 Community Service may— 

23 (A) deem such individual as having met the 

24 requirements of the position; and 
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1 (B) award the individual the full value of 

2 the educational award under such subtitle for 

3 which the individual would otherwise have been 

4 eligible. 

5 (b) AVAILABILITY OF FUNDS.—Notwithstanding any 

6 other provision of law, all funds made available to the Cor7 poration for National and Community Service under any 

8 Act, including the amounts appropriated to the Corporation 

9 under the headings ‘‘OPERATING EXPENSES’’, ‘‘SALARIES

10 AND EXPENSES’’, and ‘‘OFFICE OF THE INSPECTOR GEN11 ERAL’’ under the heading ‘‘CORPORATION FOR NATIONAL

12 AND COMMUNITY SERVICE’’ under title IV of Division A 

13 of the Further Consolidated Appropriations Act, 2020 (Pub14 lic Law 116–94), shall remain available for the fiscal year 

15 ending September 30, 2021. 

16 (c) NO REQUIRED RETURN OF GRANT FUNDS.—Not17 withstanding section 129(l)(3)(A)(i) of the National and 

18 Community Service Act of 1990 (42 U.S.C. 

19 12581(l)(3)(A)(i)), the Chief Executive Officer of the Cor20 poration for National and Community Service may permit 

21 fixed-amount grant recipients under such section 129(l) to 

22 maintain a pro rata amount of grant funds, at the discre23 tion of the Corporation for National and Community Serv24 ice, for participants who exited, were suspended, or are 

25 serving in a limited capacity due to COVID–19, to enable 
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1 the grant recipients to maintain operations and to accept 

2 participants. 

3 (d) EXTENSION OF TERMS AND AGE LIMITS.—Not4 withstanding any other provision of law, the Corporation 

5 for National and Community Service may extend the term 

6 of service (for a period not to exceed the 1-year period im7 mediately following the end of the national emergency) or 

8 waive any upper age limit (except in no case shall the max9 imum age exceed 26 years of age) for national service pro10 grams carried out by the National Civilian Community 

11 Corps under subtitle E of title I of the National and Com12 munity Service Act of 1990 (42 U.S.C. 12611 et seq.), and 

13 the participants in such programs, for the purposes of— 

14 (1) addressing disruptions due to COVID–19; 

15 and 

16 (2) minimizing the difficulty in returning to full 

17 operation due to COVID–19 on such programs and 

18 participants. 

19 SEC. 3515. WORKFORCE RESPONSE ACTIVITIES. 

20 (a) ADMINISTRATIVE COSTS.—Notwithstanding sec21 tion 128(b)(4) of the Workforce Innovation Opportunity Act 

22 (29 U.S.C. 3163(b)(4)), of the total amount allocated to a 

23 local area (including the total amount allotted to a single 

24 State local area) under subtitle B of title I of such Act (29 

25 U.S.C. 3151 et seq.) for program year 2019, not more than 
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1 20 percent of the total amount may be used for the adminis2 trative costs of carrying out local workforce investment ac3 tivities under chapter 2 or chapter 3 of subtitle B of title 

4 I of such Act, if the portion of the total amount that exceeds 

5 10 percent of the total amount is used to respond to a quali6 fying emergency. 

7 (b) RAPID RESPONSE ACTIVITIES.— 

8 (1) STATEWIDE RAPID RESPONSE.—Of the funds 

9 reserved by a Governor for program year 2019 for 

10 statewide activities under section 128(a) of the Work11 force Innovation and Opportunity Act (29 U.S.C. 

12 3163(a)) that remain unobligated, such funds may be 

13 used for statewide rapid response activities as de14 scribed in section 134(a)(2)(A) of such Act (29 U.S.C. 

15 3174(a)(2)(A)) for responding to a qualifying emer16 gency. 

17 (2) LOCAL BOARDS.—Of the funds reserved by a 

18 Governor for program year 2019 under section 

19 133(a)(2) of such Act (29 U.S.C. 3173(a)(2)) that re20 main unobligated, such funds may be released within 

21 30 days after the date of enactment of this Act to the 

22 local boards most impacted by the coronavirus at the 

23 determination of the Governor for rapid response ac24 tivities related to responding to a qualifying emer25 gency. 
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1 (c) DEFINITIONS.—Except as otherwise provided, the 

2 terms in this section have the meanings given the terms in 

3 section 3 of the Workforce Innovation and Opportunity Act 

4 (29 U.S.C. 3102). 

5 SEC. 3516. TECHNICAL AMENDMENTS. 

6 (a) IN GENERAL.— 

7 (1) Section 6103(a)(3) of the Internal Revenue 

8 Code of 1986, as amended by the FUTURE Act (Pub9 lic Law 116–91), is further amended by striking 

10 ‘‘(13), (16)’’ and inserting ‘‘(13)(A), (13)(B), (13)(C), 

11 (13)(D)(i), (16)’’. 

12 (2) Section 6103(p)(3)(A) of such Code, as so 

13 amended, is further amended by striking ‘‘(12),’’ and 

14 inserting ‘‘(12), (13)(A), (13)(B), (13)(C), 

15 (13)(D)(i)’’. 

16 (3) Section 6103(p)(4) of such Code, as so 

17 amended, is further amended by striking ‘‘(13) or 

18 (16)’’ each place it appears and inserting ‘‘(13), or 

19 (16)’’. 

20 (4) Section 6103(p)(4) of such Code, as so 

21 amended and as amended by paragraph (3), is fur22 ther amended by striking ‘‘(13)’’ each place it appears 

23 and inserting ‘‘(13)(A), (13)(B), (13)(C), (13)(D)(i)’’. 

24 (5) Section 6103(l)(13)(C)(ii) of such Code, as 

25 added by the FUTURE Act (Public Law 116–91), is 
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1 amended by striking ‘‘section 236A(e)(4)’’ and insert2 ing ‘‘section 263A(e)(4)’’. 

3 (b) EFFECTIVE DATE.—The amendments made by this 

4 section shall apply as if included in the enactment of the 

5 FUTURE Act (Public Law 116–91). 

6 SEC. 3517. WAIVER AUTHORITY AND REPORTING REQUIRE7 MENT FOR INSTITUTIONAL AID. 

8 (a) WAIVER AUTHORITY.—Notwithstanding any other 

9 provision of the Higher Education Act of 1965 (U.S.C. 1001 

10 et seq.), unless enacted with specific reference to this section, 

11 for any institution of higher education that was receiving 

12 assistance under title III, title V, or subpart 4 of part A 

13 of title VII of such Act (20 U.S.C. 1051 et seq.; 1101 et 

14 seq.; 1136a et seq.) at the time of a qualifying emergency, 

15 the Secretary may, for the period beginning on the first day 

16 of the qualifying emergency and ending on September 30 

17 of the fiscal year following the end of the qualifying emer18 gency— 

19 (1) waive— 

20 (A) the eligibility data requirements set 

21 forth in section 391(d) and 521(e) of the Higher 

22 Education Act of 1965 (20 U.S.C. 1068(d); 

23 1103(e)); 
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1 (B) the wait-out period set forth in section 

2 313(d) of the Higher Education Act of 1965 (20 

3 U.S.C. 1059(d)); 

4 (C) the allotment requirements under para5 graphs (2) and (3) of subsection 318(e) of the 

6 Higher Education Act of 1965 (20 U.S.C. 

7 1059e(e)), and the reference to ‘‘the academic 

8 year preceding the beginning of that fiscal year’’ 

9 under such section 318(e)(1); 

10 (D) the allotment requirements under sub11 sections (b), (c), and (g) of section 324 of the 

12 Higher Education Act of 1965 (20 U.S.C. 1063), 

13 the reference to ‘‘the end of the school year pre14 ceding the beginning of that fiscal year’’ under 

15 such section 324(a), and the reference to ‘‘the 

16 academic year preceding such fiscal year’’ under 

17 such section 324(h); 

18 (E) subparagraphs (A), (C), (D), and (E) of 

19 section 326(f)(3) of the Higher Education Act of 

20 1965 (20 U.S.C. 1063b(f)(3)), and references to 

21 ‘‘previous year’’ under such section 326(f)(3)(B); 

22 (F) subparagraphs (A), (C), (D), and (E) of 

23 section 723(f)(3) and subparagraphs (A), (C), 

24 (D), and (E) of section 724(f)(3) of the Higher 

25 Education Act of 1965 (20 U.S.C. 1136a(f)(3); 
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1 1136b(f)(3)), and references to ‘‘previous aca2 demic year’’ under subparagraph (B) of such sec3 tions 723(f)(3) and 724(f)(3); and 

4 (G) the allotment restriction set forth in sec5 tion 318(d)(4) and section 323(c)(2) of the High6 er Education Act of 1965 (20 U.S.C. 

7 1059e(d)(4); 1062(c)(2)); and 

8 (2) waive or modify any statutory or regulatory 

9 provision to ensure that institutions that were receiv10 ing assistance under title III, title V, or subpart 4 of 

11 part A of title VII of such Act (20 U.S.C. 1051 et seq.; 

12 1101 et seq.; 1136a et seq.) at the time of a qualifying 

13 emergency are not adversely affected by any formula 

14 calculation for fiscal year 2020 and for the period be15 ginning on the first day of the qualifying emergency 

16 and ending on September 30 of the fiscal year fol17 lowing the end of the qualifying emergency, as nec18 essary. 

19 (b) USE OF UNEXPENDED FUNDS.—Any funds paid 

20 to an institution under title III, title V, or subpart 4 of 

21 part A of title VII of the Higher Education Act of 1965 

22 (20 U.S.C. 1051 et seq.; 1101 et seq.; 1136a et seq.) and 

23 not expended or used for the purposes for which the funds 

24 were paid to the institution during the 5-year period fol25 lowing the date on which the funds were first paid to the 
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1 institution, may be carried over and expended during the 

2 succeeding 5-year period. 

3 (c) REPORT.—Not later than 180 days after the date 

4 of enactment of this Act, and every 180 days thereafter for 

5 the period beginning on the first day of the qualifying emer6 gency and ending on September 30 of the fiscal year fol7 lowing the end of the qualifying emergency, the Secretary 

8 shall submit to the authorizing committees (as defined in 

9 section 103 of the Higher Education Act of 1965 (20 U.S.C. 

10 1003)) a report that identifies each institution that received 

11 a waiver or modification under this section. 

12 SEC. 3518. AUTHORIZED USES AND OTHER MODIFICATIONS 

13 FOR GRANTS. 

14 (a) IN GENERAL.—The Secretary is authorized to 

15 modify the required and allowable uses of funds for grants 

16 awarded under part A or B of title III, chapter I or II 

17 of subpart 2 of part A of title IV, title V, or subpart 4 

18 of part A of title VII of the Higher Education Act of 1965 

19 (20 U.S.C. 1057 et seq.; 1060 et seq.; 1070a–11 et seq.; 

20 1070a–21 et seq.; 1101 et seq.; 1136a et seq.) to an institu21 tion of higher education or other grant recipient (not in22 cluding individual recipients of Federal student financial 

23 assistance), at the request of an institution of higher edu24 cation or other recipient of a grant (not including indi25 vidual recipients of Federal student financial assistance) as 
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1 a result of a qualifying emergency, for the period beginning 

2 on the first day of the qualifying emergency and ending 

3 on September 30 of the fiscal year following the end of the 

4 qualifying emergency. 

5 (b) MATCHING REQUIREMENT MODIFICATIONS.—Not6 withstanding any other provision of the Higher Education 

7 Act of 1965 (20 U.S.C. 1001 et seq.), the Secretary is au8 thorized to modify any Federal share or other financial 

9 matching requirement for a grant awarded on a competitive 

10 basis or a grant awarded under part A or B of title III 

11 or subpart 4 of part A of title VII of the Higher Education 

12 Act of 1965 (20 U.S.C. 1057 et seq.; 1060 et seq.; 1136a 

13 et seq.) at the request of an institution of higher education 

14 or other grant recipient as a result of a qualifying emer15 gency, for the period beginning on the first day of the quali16 fying emergency and ending on September 30 of the fiscal 

17 year following the end of the qualifying emergency. 

18 (c) REPORTS.—Not later than 180 days after the date 

19 of enactment of this Act, and every 180 days thereafter for 

20 the duration of the period beginning on the first day of the 

21 qualifying emergency and ending on September 30 of the 

22 fiscal year following the end of the qualifying emergency, 

23 the Secretary shall submit to the authorizing committees (as 

24 defined in section 103 of the Higher Education Act of 1965 

25 (20 U.S.C. 1003)) a report that identifies each institution 
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1 of higher education or other grant recipient that received 

2 a modification under this section. 

3 SEC. 3519. SERVICE OBLIGATIONS FOR TEACHERS. 

4 (a) TEACH GRANTS.—For the purpose of section 420N 

5 of the Higher Education Act of 1965 (20 U.S.C. 1070g– 

6 2), during a qualifying emergency, the Secretary— 

7 (1) may modify the categories of extenuating cir8 cumstances under which a recipient of a grant under 

9 subpart 9 of part A of title IV of the Higher Edu10 cation Act of 1965 (20 U.S.C. 1070g et seq.) who is 

11 unable to fulfill all or part of the recipient’s service 

12 obligation may be excused from fulfilling that portion 

13 of the service obligation; and 

14 (2) shall consider teaching service that, as a re15 sult of a qualifying emergency, is part-time or tempo16 rarily interrupted, to be full-time service and to fulfill 

17 the service obligations under such section 420N. 

18 (b) TEACHER LOAN FORGIVENESS.—Notwithstanding 

19 section 428J or 460 of the Higher Education Act of 1965 

20 (20 U.S.C. 1078–10; 1087j), the Secretary shall waive the 

21 requirements under such sections that years of teaching 

22 service shall be consecutive if— 

23 (1) the teaching service of a borrower is tempo24 rarily interrupted due to a qualifying emergency; and 
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1 (2) after the temporary interruption due to a 

2 qualifying emergency, the borrower resumes teaching 

3 service and completes a total of 5 years of qualifying 

4 teaching service under such sections, including quali5 fying teaching service performed before, during, and 

6 after such qualifying emergency. 

7 Subtitle C—Labor Provisions 

8 SEC. 3601. LIMITATION ON PAID LEAVE. 

9 Section 110(b)(2)(B) of the Family and Medical Leave 

10 Act of 1993 (as added by the Emergency Family and Med11 ical Leave Expansion Act) is amended by striking clause 

12 (ii) and inserting the following: 

13 ‘‘(ii) LIMITATION.—An employer shall 

14 not be required to pay more than $200 per 

15 day and $10,000 in the aggregate for each 

16 employee for paid leave under this section.’’. 

17 SEC. 3602. EMERGENCY PAID SICK LEAVE ACT LIMITATION. 

18 Section 5102 of the Emergency Paid Sick Leave Act 

19 (division E of the Families First Coronavirus Response 

20 Act) is amended by adding at the end the following: 

21 ‘‘(f) LIMITATIONS.—An employer shall not be required 

22 to pay more than either— 

23 ‘‘(1) $511 per day and $5,110 in the aggregate 

24 for each employee, when the employee is taking leave 
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1 for a reason described in paragraph (1), (2), or (3) 

2 of section 5102(a); or 

3 ‘‘(2) $200 per day and $2,000 in the aggregate 

4 for each employee, when the employee is taking leave 

5 for a reason described in paragraph (4), (5), or (6) 

6 of section 5102(a).’’. 

7 SEC. 3603. UNEMPLOYMENT INSURANCE. 

8 Section 903(h)(2)(B) of the Social Security Act (42 

9 U.S.C. 1103(h)(2)(B)), as added by section 4102 of the 

10 Emergency Unemployment Insurance Stabilization and Ac11 cess Act of 2020, is amended to read as follows: 

12 ‘‘(B) The State ensures that applications for 

13 unemployment compensation, and assistance 

14 with the application process, are accessible, to 

15 the extent practicable in at least two of the fol16 lowing: in person, by phone, or online.’’. 

17 SEC. 3604. OMB WAIVER OF PAID FAMILY AND PAID SICK 

18 LEAVE. 

19 (a) FAMILY AND MEDICAL LEAVE ACT OF 1993.—Sec20 tion 110(a) of title I of the Family and Medical Leave Act 

21 of 1993 (29 U.S.C. 2611 et seq.) (as added by division C 

22 of the Families First Coronavirus Response Act) is amended 

23 by adding at the end the following new paragraph: 

24 ‘‘(4) The Director of the Office of Management 

25 and Budget shall have the authority to exclude for 
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1 good cause from the requirements under subsection (b) 

2 certain employers of the United States Government 

3 with respect to certain categories of Executive Branch 

4 employees.’’. 

5 (b) EMERGENCY PAID SICK LEAVE ACT.—The Emer6 gency Paid Sick Leave Act (division E of the Families First 

7 Coronavirus Response Act) is amended by adding at the 

8 end the following new section: 

9 ‘‘SEC. 5112. AUTHORITY TO EXCLUDE CERTAIN EMPLOYEES. 

10 ‘‘The Director of the Office of Management and Budget 

11 shall have the authority to exclude for good cause from the 

12 definition of employee under section 5110(1) certain em13 ployees described in subparagraphs (E) and (F) of such sec14 tion, including by exempting certain United States Govern15 ment employers covered by section 5110(2)(A)(i)(V) from 

16 the requirements of this title with respect to certain cat17 egories of Executive Branch employees.’’. 

18 SEC. 3605. PAID LEAVE FOR REHIRED EMPLOYEES. 

19 Section 110(a)(1)(A) of the Family and Medical Leave 

20 Act of 1993, as added by section 3102 of the Emergency 

21 Family and Medical Leave Expansion Act, is amended to 

22 read as follows: 

23 ‘‘(A) ELIGIBLE EMPLOYEE.— 

24 ‘‘(i) IN GENERAL.—In lieu of the defi25 nition in sections 101(2)(A) and 
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1 101(2)(B)(ii), the term ‘eligible employee’ 

2 means an employee who has been employed 

3 for at least 30 calendar days by the em4 ployer with respect to whom leave is re5 quested under section 102(a)(1)(F). 

6 ‘‘(ii) RULE REGARDING REHIRED EM7 PLOYEES.—For purposes of clause (i), the 

8 term ‘employed for at least 30 calendar 

9 days’, used with respect to an employee and 

10 an employer described in clause (i), in11 cludes an employee who was laid off by that 

12 employer not earlier than March 1, 2020, 

13 had worked for the employer for not less 

14 than 30 of the last 60 calendar days prior 

15 to the employee’s layoff, and was rehired by 

16 the employer.’’. 

17 SEC. 3606. ADVANCE REFUNDING OF CREDITS. 

18 (a) PAYROLL CREDIT FOR REQUIRED PAID SICK

19 LEAVE.—Section 7001 of division G of the Families First 

20 Coronavirus Response Act is amended— 

21 (1) in subsection (b)(4)(A)— 

22 (A) by striking ‘‘(A) In general.—If the 

23 amount’’ and inserting ‘‘(A)(i) Credit is refund24 able.—If the amount’’; and 

25 (B) by adding at the end the following: 
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1 ‘‘(ii) ADVANCING CREDIT.—In antici2 pation of the credit, including the refund3 able portion under clause (i), the credit 

4 may be advanced, according to forms and 

5 instructions provided by the Secretary, up 

6 to an amount calculated under subsection 

7 (a), subject to the limits under subsection 

8 (b), both calculated through the end of the 

9 most recent payroll period in the quarter.’’; 

10 (2) in subsection (f)— 

11 (A) in paragraph (4), by striking ‘‘, and’’ 

12 and inserting a comma; 

13 (B) in paragraph (5), by striking the period 

14 at the end and inserting ‘‘, and’’; and 

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

16 ‘‘(6) regulations or other guidance to permit the 

17 advancement of the credit determined under sub18 section (a).’’; and 

19 (3) by inserting after subsection (h) the following 

20 new subsection: 

21 ‘‘(i) TREATMENT OF DEPOSITS.—The Secretary of the 

22 Treasury (or the Secretary’s delegate) shall waive any pen23 alty under section 6656 of the Internal Revenue Code of 

24 1986 for any failure to make a deposit of the tax imposed 

25 by section 3111(a) or 3221(a) of such Code if the Secretary 
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1 determines that such failure was due to the anticipation 

2 of the credit allowed under this section.’’. 

3 (b) PAYROLL CREDIT FOR REQUIRED PAID FAMILY

4 LEAVE.—Section 7003 of division G of the Families First 

5 Coronavirus Response Act is amended— 

6 (1) in subsection (b)(3)— 

7 (A) by striking ‘‘If the amount’’ and insert8 ing ‘‘(A) Credit is refundable.—If the amount’’; 

9 and 

10 (B) by adding at the end the following: 

11 ‘‘(B) ADVANCING CREDIT.—In anticipation 

12 of the credit, including the refundable portion 

13 under subparagraph (A), the credit may be ad14 vanced, according to forms and instructions pro15 vided by the Secretary, up to an amount cal16 culated under subsection (a), subject to the limits 

17 under subsection (b), both calculated through the 

18 end of the most recent payroll period in the 

19 quarter.’’; 

20 (2) in subsection (f)— 

21 (A) in paragraph (4), by striking ‘‘, and’’ 

22 and inserting a comma; 

23 (B) in paragraph (5), by striking the period 

24 at the end and inserting ‘‘, and’’; and 

25 (C) by adding at the end the following: 
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1 ‘‘(6) regulations or other guidance to permit the 

2 advancement of the credit determined under sub3 section (a).’’; and 

4 (c) by inserting after subsection (h) the following new 

5 subsection: 

6 ‘‘(i) TREATMENT OF DEPOSITS.—The Secretary of the 

7 Treasury (or the Secretary’s delegate) shall waive any pen8 alty under section 6656 of the Internal Revenue Code of 

9 1986 for any failure to make a deposit of the tax imposed 

10 by section 3111(a) or 3221(a) of such Code if the Secretary 

11 determines that such failure was due to the anticipation 

12 of the credit allowed under this section.’’. 

13 SEC. 3607. EXPANSION OF DOL AUTHORITY TO POSTPONE 

14 CERTAIN DEADLINES. 

15 Section 518 of the Employee Retirement Income Secu16 rity Act of 1974 (29 U.S.C. 1148) is amended by striking 

17 ‘‘or a terroristic or military action (as defined in section 

18 692(c)(2) of such Code), the Secretary may’’ and inserting 

19 ‘‘a terroristic or military action (as defined in section 

20 692(c)(2) of such Code), or a public health emergency de21 clared by the Secretary of Health and Human Services pur22 suant to section 319 of the Public Health Service Act, the 

23 Secretary may’’. 
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1 SEC. 3608. SINGLE-EMPLOYER PLAN FUNDING RULES. 

2 (a) DELAY IN PAYMENT OF MINIMUM REQUIRED CON3 TRIBUTIONS.—In the case of any minimum required con4 tribution (as determined under section 430(a) of the Inter5 nal Revenue Code of 1986 and section 303(a) of the Em6 ployee Retirement Income Security Act of 1974 (29 U.S.C. 

7 1083(a))) which (but for this section) would otherwise be 

8 due under section 430(j) of such Code (including quarterly 

9 contributions under paragraph (3) thereof) and section 

10 303(j) of such Act (29 U.S.C. 1083(j)) (including quarterly 

11 contributions under paragraph (3) thereof) during calendar 

12 year 2020— 

13 (1) the due date for such contributions shall be 

14 January 1, 2021, and 

15 (2) the amount of each such minimum required 

16 contribution shall be increased by interest accruing 

17 for the period between the original due date (without 

18 regard to this section) for the contribution and the 

19 payment date, at the effective rate of interest for the 

20 plan for the plan year which includes such payment 

21 date. 

22 (b) BENEFIT RESTRICTION STATUS.—For purposes of 

23 section 436 of the Internal Revenue Code of 1986 and sec24 tion 206(g) of the Employee Retirement Income Security 

25 Act of 1974 (29 U.S.C. 1056(g)), a plan sponsor may elect 

26 to treat the plan’s adjusted funding target attainment per-
348 

† HR 748 EAS 

1 centage for the last plan year ending before January 1, 

2 2020, as the adjusted funding target attainment percentage 

3 for plan years which include calendar year 2020. 

4 SEC. 3609. APPLICATION OF COOPERATIVE AND SMALL EM5 PLOYER CHARITY PENSION PLAN RULES TO 

6 CERTAIN CHARITABLE EMPLOYERS WHOSE 

7 PRIMARY EXEMPT PURPOSE IS PROVIDING 

8 SERVICES WITH RESPECT TO MOTHERS AND 

9 CHILDREN. 

10 (a) EMPLOYEE RETIREMENT INCOME SECURITY ACT

11 OF 1974.—Section 210(f)(1) of the Employee Retirement 

12 Income Security Act of 1974 (29 U.S.C. 1060(f)(1)) is 

13 amended— 

14 (1) by striking ‘‘or’’ at the end of subparagraph 

15 (B); 

16 (2) by striking the period at the end of subpara17 graph (C)(iv) and inserting ‘‘; or’’; and 

18 (3) by inserting after subparagraph (C) the fol19 lowing new subparagraph: 

20 ‘‘(D) that, as of January 1, 2000, was 

21 maintained by an employer— 

22 ‘‘(i) described in section 501(c)(3) of 

23 the Internal Revenue Code of 1986, 

24 ‘‘(ii) who has been in existence since at 

25 least 1938, 
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1 ‘‘(iii) who conducts medical research 

2 directly or indirectly through grant making, 

3 and 

4 ‘‘(iv) whose primary exempt purpose is 

5 to provide services with respect to mothers 

6 and children.’’. 

7 (b) INTERNAL REVENUE CODE OF 1986.—Section 

8 414(y)(1) of the Internal Revenue Code of 1986 is amend9 ed— 

10 (1) by striking ‘‘or’’ at the end of subparagraph 

11 (B); 

12 (2) by striking the period at the end of subpara13 graph (C)(iv) and inserting ‘‘; or’’; and 

14 (3) by inserting after subparagraph (C) the fol15 lowing new subparagraph: 

16 ‘‘(D) that, as of January 1, 2000, was 

17 maintained by an employer— 

18 ‘‘(i) described in section 501(c)(3), 

19 ‘‘(ii) who has been in existence since at 

20 least 1938, 

21 ‘‘(iii) who conducts medical research 

22 directly or indirectly through grant making, 

23 and 
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1 ‘‘(iv) whose primary exempt purpose is 

2 to provide services with respect to mothers 

3 and children.’’. 

4 (c) EFFECTIVE DATE.—The amendments made by this 

5 section shall apply to plan years beginning after December 

6 31, 2018. 

7 SEC. 3610. FEDERAL CONTRACTOR AUTHORITY. 

8 Notwithstanding any other provision of law, and sub9 ject to the availability of appropriations, funds made avail10 able to an agency by this Act or any other Act may be used 

11 by such agency to modify the terms and conditions of a 

12 contract, or other agreement, without consideration, to re13 imburse at the minimum applicable contract billing rates 

14 not to exceed an average of 40 hours per week any paid 

15 leave, including sick leave, a contractor provides to keep 

16 its employees or subcontractors in a ready state, including 

17 to protect the life and safety of Government and contractor 

18 personnel, but in no event beyond September 30, 2020. Such 

19 authority shall apply only to a contractor whose employees 

20 or subcontractors cannot perform work on a site that has 

21 been approved by the Federal Government, including a fed22 erally-owned or leased facility or site, due to facility clo23 sures or other restrictions, and who cannot telework because 

24 their job duties cannot be performed remotely during the 

25 public health emergency declared on January 31, 2020 for 
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1 COVID–19: Provided, That the maximum reimbursement 

2 authorized by this section shall be reduced by the amount 

3 of credit a contractor is allowed pursuant to division G of 

4 Public Law 116–127 and any applicable credits a con5 tractor is allowed under this Act. 

6 SEC. 3611. TECHNICAL CORRECTIONS. 

7 (1) Section 110(a)(3) of the Family and Medical 

8 Leave Act of 1993 (as added by the Emergency and 

9 Medical Leave Expansion Act) is amended by strik10 ing ‘‘553(d)(A)’’ and inserting ‘‘553(d)(3)’’. 

11 (2) Section 5111 of the Emergency Paid Sick 

12 Leave Act (division E of the Families First 

13 Coronavirus Response Act) is amended by striking 

14 ‘‘553(d)(A)’’ and inserting ‘‘553(d)(3)’’. 

15 (3) Section 110(c) of the Family and Medical 

16 Leave Act of 1993 (as added by the Emergency and 

17 Medical Leave Expansion Act) is amended by strik18 ing ‘‘subsection (a)(2)(A)(iii)’’ and inserting ‘‘sub19 section (a)(2)(A)’’. 

20 (4) Section 3104 of the Emergency Family and 

21 Medical Leave Expansion Act (division C of the Fam22 ilies First Coronavirus Response Act) is amended— 

23 (A) by striking ‘‘110(a)(B)’’ and inserting 

24 ‘‘section 110(a)(1)(B) of the Family and Medical 

25 Leave Act of 1993’’; and 
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1 (B) by striking ‘‘section 107(a) for a viola2 tion of section 102(a)(1)(F) if the employer does 

3 not meet the definition of employer set forth in 

4 Section 101(4)(A)(i)’’ and inserting ‘‘section 

5 107(a) of such Act for a violation of section 

6 102(a)(1)(F) of such Act if the employer does not 

7 meet the definition of employer set forth in sec8 tion 101(4)(A)(i) of such Act’’. 

9 (5) Section 5110(1) of the Emergency Paid Sick 

10 Leave Act (division E of the Families First 

11 Coronavirus Response Act) is amended— 

12 (A) in the matter preceding subparagraph 

13 (A), by striking ‘‘terms’’ and inserting ‘‘term’’; 

14 and 

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

16 ‘‘paragraph (5)(A)’’ and inserting ‘‘paragraph 

17 (2)(A)’’. 

18 (6) Section 5110(2)(B)(ii) of the Emergency 

19 Paid Sick Leave Act (division E of the Families First 

20 Coronavirus Response Act) is amended by striking 

21 ‘‘clause (i)(IV)’’ and inserting ‘‘clause (i)(III)’’. 

22 (7) Section 110(a)(3) of the Family and Medical 

23 Leave Act of 1993 (as added by the Emergency and 

24 Medical Leave Expansion Act) is amended— 
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1 (A) by striking ‘‘and’’ after the semicolon at 

2 the end of subparagraph (A); 

3 (B) by striking the period at end of sub4 paragraph (B) and inserting ‘‘; and’’; and 

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

6 ‘‘(C) as necessary to carry out the purposes 

7 of this Act, including to ensure consistency be8 tween this Act and Division E and Division G 

9 of the Families First Coronavirus Response 

10 Act.’’. 

11 (8) Section 5104(1) of the Emergency Paid Sick 

12 Leave Act (division E of the Families First 

13 Coronavirus Response Act) is amended by striking 

14 ‘‘and’’ after the semicolon and inserting ‘‘or’’. 

15 (9) Section 5105 of the Emergency Paid Sick 

16 Leave Act (division E of the Families First 

17 Coronavirus Response Act) is amended by adding at 

18 the end the following: 

19 ‘‘(c) INVESTIGATIONS AND COLLECTION OF DATA.— 

20 The Secretary of Labor or his designee may investigate and 

21 gather data to ensure compliance with this Act in the same 

22 manner as authorized by sections 9 and 11 of the Fair 

23 Labor Standards Act of 1938 (29 U.S.C. 209; 211).’’. 
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† HR 748 EAS 

1 Subtitle D—Finance Committee 

2 SEC. 3701. EXEMPTION FOR TELEHEALTH SERVICES. 

3 (a) IN GENERAL.—Paragraph (2) of section 223(c) of 

4 the Internal Revenue Code of 1986 is amended by adding 

5 at the end the following new subparagraph: 

6 ‘‘(E) SAFE HARBOR FOR ABSENCE OF DE7 DUCTIBLE FOR TELEHEALTH.—In the case of 

8 plan years beginning on or before December 31, 

9 2021, a plan shall not fail to be treated as a high 

10 deductible health plan by reason of failing to 

11 have a deductible for telehealth and other remote 

12 care services.’’. 

13 (b) CERTAIN COVERAGE DISREGARDED.—Clause (ii) 

14 of section 223(c)(1)(B) of the Internal Revenue Code of 1986 

15 is amended by striking ‘‘or long-term care’’ and inserting 

16 ‘‘long-term care, or (in the case of plan years beginning 

17 on or before December 31, 2021) telehealth and other remote 

18 care’’. 

19 (c) EFFECTIVE DATE.—The amendments made by this 

20 section shall take effect on the date of the enactment of this 

21 Act. 
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† HR 748 EAS 

1 SEC. 3702. INCLUSION OF CERTAIN OVER-THE-COUNTER 

2 MEDICAL PRODUCTS AS QUALIFIED MEDICAL 

3 EXPENSES. 

4 (a) HSAS.—Section 223(d)(2) of the Internal Revenue 

5 Code of 1986 is amended— 

6 (1) by striking the last sentence of subparagraph 

7 (A) and inserting the following: ‘‘For purposes of this 

8 subparagraph, amounts paid for menstrual care prod9 ucts shall be treated as paid for medical care.’’; and 

10 (2) by adding at the end the following new sub11 paragraph: 

12 ‘‘(D) MENSTRUAL CARE PRODUCT.—For 

13 purposes of this paragraph, the term ‘menstrual 

14 care product’ means a tampon, pad, liner, cup, 

15 sponge, or similar product used by individuals 

16 with respect to menstruation or other genital17 tract secretions.’’. 

18 (b) ARCHER MSAS.—Section 220(d)(2)(A) of such 

19 Code is amended by striking the last sentence and inserting 

20 the following: ‘‘For purposes of this subparagraph, amounts 

21 paid for menstrual care products (as defined in section 

22 223(d)(2)(D)) shall be treated as paid for medical care.’’. 

23 (c) HEALTH FLEXIBLE SPENDING ARRANGEMENTS

24 AND HEALTH REIMBURSEMENT ARRANGEMENTS.—Section 

25 106 of such Code is amended by striking subsection (f) and 

26 inserting the following new subsection: 
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† HR 748 EAS 

1 ‘‘(f) REIMBURSEMENTS FOR MENSTRUAL CARE PROD2 UCTS.—For purposes of this section and section 105, ex3 penses incurred for menstrual care products (as defined in 

4 section 223(d)(2)(D)) shall be treated as incurred for med5 ical care.’’. 

6 (d) EFFECTIVE DATES.— 

7 (1) DISTRIBUTIONS FROM SAVINGS ACCOUNTS.— 

8 The amendment made by subsections (a) and (b) shall 

9 apply to amounts paid after December 31, 2019. 

10 (2) REIMBURSEMENTS.—The amendment made 

11 by subsection (c) shall apply to expenses incurred 

12 after December 31, 2019. 

13 SEC. 3703. INCREASING MEDICARE TELEHEALTH FLEXIBILI14 TIES DURING EMERGENCY PERIOD. 

15 Section 1135 of the Social Security Act (42 U.S.C. 

16 1320b–5) is amended— 

17 (1) in subsection (b)(8), by striking ‘‘to an indi18 vidual by a qualified provider (as defined in sub19 section (g)(3))’’ and all that follows through the pe20 riod and inserting ‘‘, the requirements of section 

21 1834(m).’’; and 

22 (2) in subsection (g), by striking paragraph (3). 
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1 SEC. 3704. ENHANCING MEDICARE TELEHEALTH SERVICES 

2 FOR FEDERALLY QUALIFIED HEALTH CEN3 TERS AND RURAL HEALTH CLINICS DURING 

4 EMERGENCY PERIOD. 

5 Section 1834(m) of the Social Security Act (42 U.S.C. 

6 1395m(m)) is amended— 

7 (1) in the first sentence of paragraph (1), by 

8 striking ‘‘The Secretary’’ and inserting ‘‘Subject to 

9 paragraph (8), the Secretary’’; 

10 (2) in paragraph (2)(A), by striking ‘‘The Sec11 retary’’ and inserting ‘‘Subject to paragraph (8), the 

12 Secretary’’; 

13 (3) in paragraph (4)— 

14 (A) in subparagraph (A), by striking ‘‘The 

15 term’’ and inserting ‘‘Subject to paragraph (8), 

16 the term’’; and 

17 (B) in subparagraph (F)(i), by striking 

18 ‘‘The term’’ and inserting ‘‘Subject to paragraph 

19 (8), the term’’; and 

20 (4) by adding at the end the following new para21 graph: 

22 ‘‘(8) ENHANCING TELEHEALTH SERVICES FOR

23 FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL

24 HEALTH CLINICS DURING EMERGENCY PERIOD.— 

25 ‘‘(A) IN GENERAL.—During the emergency 

26 period described in section 1135(g)(1)(B)— 
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1 ‘‘(i) the Secretary shall pay for tele2 health services that are furnished via a tele3 communications system by a Federally 

4 qualified health center or a rural health 

5 clinic to an eligible telehealth individual en6 rolled under this part notwithstanding that 

7 the Federally qualified health center or 

8 rural clinic providing the telehealth service 

9 is not at the same location as the bene10 ficiary; 

11 ‘‘(ii) the amount of payment to a Fed12 erally qualified health center or rural health 

13 clinic that serves as a distant site for such 

14 a telehealth service shall be determined 

15 under subparagraph (B); and 

16 ‘‘(iii) for purposes of this subsection— 

17 ‘‘(I) the term ‘distant site’ in18 cludes a Federally qualified health cen19 ter or rural health clinic that furnishes 

20 a telehealth service to an eligible tele21 health individual; and 

22 ‘‘(II) the term ‘telehealth services’ 

23 includes a rural health clinic service or 

24 Federally qualified health center serv25 ice that is furnished using telehealth to 
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1 the extent that payment codes cor2 responding to services identified by the 

3 Secretary under clause (i) or (ii) of 

4 paragraph (4)(F) are listed on the cor5 responding claim for such rural health 

6 clinic service or Federally qualified 

7 health center service. 

8 ‘‘(B) SPECIAL PAYMENT RULE.— 

9 ‘‘(i) IN GENERAL.—The Secretary shall 

10 develop and implement payment methods 

11 that apply under this subsection to a Feder12 ally qualified health center or rural health 

13 clinic that serves as a distant site that fur14 nishes a telehealth service to an eligible tele15 health individual during such emergency 

16 period. Such payment methods shall be 

17 based on payment rates that are similar to 

18 the national average payment rates for com19 parable telehealth services under the physi20 cian fee schedule under section 1848. Not21 withstanding any other provision of law, 

22 the Secretary may implement such payment 

23 methods through program instruction or 

24 otherwise. 
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1 ‘‘(ii) EXCLUSION FROM FQHC PPS CAL2 CULATION AND RHC AIR CALCULATION.— 

3 Costs associated with telehealth services 

4 shall not be used to determine the amount 

5 of payment for Federally qualified health 

6 center services under the prospective pay7 ment system under section 1834(o) or for 

8 rural health clinic services under the meth9 odology for all-inclusive rates (established 

10 by the Secretary) under section 

11 1833(a)(3).’’. 

12 SEC. 3705. TEMPORARY WAIVER OF REQUIREMENT FOR 

13 FACE-TO-FACE VISITS BETWEEN HOME DIALY14 SIS PATIENTS AND PHYSICIANS. 

15 Section 1881(b)(3)(B) of the Social Security Act (42 

16 U.S.C. 1395rr(b)(3)(B)) is amended— 

17 (1) in clause (i), by striking ‘‘clause (ii)’’ and 

18 inserting ‘‘clauses (ii) and (iii)’’; 

19 (2) in clause (ii), in the matter preceding sub20 clause (I), by striking ‘‘Clause (i)’’ and inserting 

21 ‘‘Except as provided in clause (iii), clause (i)’’; and 

22 (3) by adding at the end the following new 

23 clause: 

24 ‘‘(iii) The Secretary may waive the 

25 provisions of clause (ii) during the emer-
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† HR 748 EAS 

1 gency period described in section 

2 1135(g)(1)(B).’’. 

3 SEC. 3706. USE OF TELEHEALTH TO CONDUCT FACE-TO4 FACE ENCOUNTER PRIOR TO RECERTIFI5 CATION OF ELIGIBILITY FOR HOSPICE CARE 

6 DURING EMERGENCY PERIOD. 

7 Section 1814(a)(7)(D)(i) of the Social Security Act (42 

8 U.S.C. 1395f(a)(7(D)(i)) is amended— 

9 (1) by striking ‘‘a hospice’’ and inserting ‘‘(I) 

10 subject to subclause (II), a hospice’’; and 

11 (2) by inserting after subclause (I), as added by 

12 paragraph (1), the following new subclause: 

13 ‘‘(II) during the emergency period de14 scribed in section 1135(g)(1)(B), a hospice 

15 physician or nurse practitioner may con16 duct a face-to-face encounter required under 

17 this clause via telehealth, as determined ap18 propriate by the Secretary; and’’. 

19 SEC. 3707. ENCOURAGING USE OF TELECOMMUNICATIONS 

20 SYSTEMS FOR HOME HEALTH SERVICES FUR21 NISHED DURING EMERGENCY PERIOD. 

22 With respect to home health services (as defined in sec23 tion 1861(m) of the Social Security Act (42 U.S.C. 

24 1395x(m)) that are furnished during the emergency period 

25 described in section 1135(g)(1)(B) of such Act (42 U.S.C. 
362 

† HR 748 EAS 

1 1320b–5(g)(1)(B)), the Secretary of Health and Human 

2 Services shall consider ways to encourage the use of tele3 communications systems, including for remote patient mon4 itoring as described in section 409.46(e) of title 42, Code 

5 of Federal Regulations (or any successor regulations) and 

6 other communications or monitoring services, consistent 

7 with the plan of care for the individual, including by clari8 fying guidance and conducting outreach, as appropriate. 

9 SEC. 3708. IMPROVING CARE PLANNING FOR MEDICARE 

10 HOME HEALTH SERVICES. 

11 (a) PART A PROVISIONS.—Section 1814(a) of the So12 cial Security Act (42 U.S.C. 1395f(a)) is amended— 

13 (1) in paragraph (2)— 

14 (A) in the matter preceding subparagraph 

15 (A), by inserting ‘‘, a nurse practitioner or clin16 ical nurse specialist (as such terms are defined 

17 in section 1861(aa)(5)) who is working in ac18 cordance with State law, or a physician assist19 ant (as defined in section 1861(aa)(5)) who is 

20 working in accordance with State law, who is’’ 

21 after ‘‘in the case of services described in sub22 paragraph (C), a physician’’; and 

23 (B) in subparagraph (C)— 

24 (i) by inserting ‘‘, a nurse practitioner, 

25 a clinical nurse specialist, or a physician 
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† HR 748 EAS 

1 assistant (as the case may be)’’ after ‘‘phy2 sician’’ the first 2 times it appears; and 

3 (ii) by striking ‘‘, and, in the case of 

4 a certification made by a physician’’ and 

5 all that follows through ‘‘face-to-face en6 counter’’ and inserting ‘‘, and, in the case 

7 of a certification made by a physician after 

8 January 1, 2010, or by a nurse practi9 tioner, clinical nurse specialist, or physi10 cian assistant (as the case may be) after a 

11 date specified by the Secretary (but in no 

12 case later than the date that is 6 months 

13 after the date of the enactment of the 

14 CARES Act), prior to making such certifi15 cation a physician, nurse practitioner, clin16 ical nurse specialist, or physician assistant 

17 must document that a physician, nurse 

18 practitioner, clinical nurse specialist, cer19 tified nurse-midwife (as defined in section 

20 1861(gg)) as authorized by State law, or 

21 physician assistant has had a face-to-face 

22 encounter’’; 

23 (2) in the third sentence— 

24 (A) by striking ‘‘physician certification’’ 

25 and inserting ‘‘certification’’; 
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1 (B) by inserting ‘‘(or in the case of regula2 tions to implement the amendments made by sec3 tion 3708 of the CARES Act, the Secretary shall 

4 prescribe regulations, which shall become effective 

5 no later than 6 months after the date of the en6 actment of such Act)’’ after ‘‘1981’’; and 

7 (C) by striking ‘‘a physician who’’ and in8 serting ‘‘a physician, nurse practitioner, clinical 

9 nurse specialist, or physician assistant who’’; 

10 (3) in the fourth sentence, by inserting ‘‘, nurse 

11 practitioner, clinical nurse specialist, or physician 

12 assistant’’ after ‘‘physician’’; and 

13 (4) in the fifth sentence— 

14 (A) by inserting ‘‘or no later than 6 months 

15 after the date of the enactment of the CARES 

16 Act for purposes of documentation for certifi17 cation and recertification made under paragraph 

18 (2) by a nurse practitioner, clinical nurse spe19 cialist, or physician assistant,’’ after ‘‘January 

20 1, 2019’’; and 

21 (B) by inserting ‘‘, nurse practitioner, clin22 ical nurse specialist, or physician assistant’’ 

23 after ‘‘of the physician’’. 

24 (b) PART B PROVISIONS.—Section 1835(a) of the So25 cial Security Act (42 U.S.C. 1395n(a)) is amended— 
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† HR 748 EAS 

1 (1) in paragraph (2)— 

2 (A) in the matter preceding subparagraph 

3 (A), by inserting ‘‘, a nurse practitioner or clin4 ical nurse specialist (as those terms are defined 

5 in section 1861(aa)(5)) who is working in ac6 cordance with State law, or a physician assist7 ant (as defined in section 1861(aa)(5)) who is 

8 working in accordance with State law, who is’’ 

9 after ‘‘in the case of services described in sub10 paragraph (A), a physician’’; and 

11 (B) in subparagraph (A)— 

12 (i) in each of clauses (ii) and (iii) of 

13 subparagraph (A) by inserting ‘‘, a nurse 

14 practitioner, a clinical nurse specialist, or a 

15 physician assistant (as the case may be)’’ 

16 after ‘‘physician’’; and 

17 (ii) in clause (iv), by striking ‘‘after 

18 January 1, 2010’’ and all that follows 

19 through ‘‘face-to-face encounter’’ and insert20 ing ‘‘made by a physician after January 1, 

21 2010, or by a nurse practitioner, clinical 

22 nurse specialist, or physician assistant (as 

23 the case may be) after a date specified by 

24 the Secretary (but in no case later than the 

25 date that is 6 months after the date of the 
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† HR 748 EAS 

1 enactment of the CARES Act), prior to 

2 making such certification a physician, 

3 nurse practitioner, clinical nurse specialist, 

4 or physician assistant must document that 

5 a physician, nurse practitioner, clinical 

6 nurse specialist, certified nurse-midwife (as 

7 defined in section 1861(gg)) as authorized 

8 by State law, or physician assistant has 

9 had a face-to-face encounter’’; 

10 (2) in the third sentence, by inserting ‘‘, nurse 

11 practitioner, clinical nurse specialist, or physician 

12 assistant (as the case may be)’’ after physician; 

13 (3) in the fourth sentence— 

14 (A) by striking ‘‘physician certification’’ 

15 and inserting ‘‘certification’’; 

16 (B) by inserting ‘‘(or in the case of regula17 tions to implement the amendments made by sec18 tion 3708 of the CARES Act the Secretary shall 

19 prescribe regulations which shall become effective 

20 no later than 6 months after the enactment of 

21 such Act)’’ after ‘‘1981’’; and 

22 (C) by striking ‘‘a physician who’’ and in23 serting ‘‘a physician, nurse practitioner, clinical 

24 nurse specialist, or physician assistant who’’; 
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1 (4) in the fifth sentence, by inserting ‘‘, nurse 

2 practitioner, clinical nurse specialist, or physician 

3 assistant’’ after ‘‘physician’’; and 

4 (5) in the sixth sentence— 

5 (A) by inserting ‘‘or no later than 6 months 

6 after the date of the enactment of the CARES 

7 Act for purposes of documentation for certifi8 cation and recertification made under paragraph 

9 (2) by a nurse practitioner, clinical nurse spe10 cialist, or physician assistant,’’ after ‘‘January 

11 1, 2019’’; and 

12 (B) by inserting ‘‘, nurse practitioner, clin13 ical nurse specialist, or physician assistant’’ 

14 after ‘‘of the physician’’. 

15 (c) DEFINITION PROVISIONS.— 

16 (1) HOME HEALTH SERVICES.—Section 1861(m) 

17 of the Social Security Act (42 U.S.C. 1395x(m)) is 

18 amended— 

19 (A) in the matter preceding paragraph 

20 (1)— 

21 (i) by inserting ‘‘, a nurse practitioner 

22 or a clinical nurse specialist (as those terms 

23 are defined in subsection (aa)(5)), or a phy24 sician assistant (as defined in subsection 
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† HR 748 EAS 

1 (aa)(5))’’ after ‘‘physician’’ the first place it 

2 appears; and 

3 (ii) by inserting ‘‘, a nurse practi4 tioner, a clinical nurse specialist, or a phy5 sician assistant’’ after ‘‘physician’’ the sec6 ond place it appears; and 

7 (B) in paragraph (3), by inserting ‘‘, a 

8 nurse practitioner, a clinical nurse specialist, or 

9 a physician assistant’’ after ‘‘physician’’. 

10 (2) HOME HEALTH AGENCY.—Section 1861(o)(2) 

11 of the Social Security Act (42 U.S.C. 1395x(o)(2)) is 

12 amended— 

13 (A) by inserting ‘‘, nurse practitioners or 

14 clinical nurse specialists (as those terms are de15 fined in subsection (aa)(5)), certified nurse-mid16 wives (as defined in subsection (gg)), or physi17 cian assistants (as defined in subsection 

18 (aa)(5))’’ after ‘‘physicians’’; and 

19 (B) by inserting ‘‘, nurse practitioner, clin20 ical nurse specialist, certified nurse-midwife, 

21 physician assistant,’’ after ‘‘physician’’. 

22 (3) COVERED OSTEOPOROSIS DRUG.—Section 

23 1861(kk)(1) of the Social Security Act (42 U.S.C. 

24 1395x(kk)(1)) is amended by inserting ‘‘, nurse prac25 titioner or clinical nurse specialist (as those terms are 
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† HR 748 EAS 

1 defined in subsection (aa)(5)), certified nurse-midwife 

2 (as defined in subsection (gg)), or physician assistant 

3 (as defined in subsection (aa)(5))’’ after ‘‘attending 

4 physician’’. 

5 (d) HOME HEALTH PROSPECTIVE PAYMENT SYSTEM

6 PROVISIONS.—Section 1895 of the Social Security Act (42 

7 U.S.C. 1395fff) is amended— 

8 (1) in subsection (c)(1)— 

9 (A) by striking ‘‘(provided under section 

10 1842(r))’’; and 

11 (B) by inserting ‘‘the nurse practitioner or 

12 clinical nurse specialist (as those terms are de13 fined in section 1861(aa)(5)), or the physician 

14 assistant (as defined in section 1861(aa)(5))’’ 

15 after ‘‘physician’’; and 

16 (2) in subsection (e)— 

17 (A) in paragraph (1)(A), by inserting ‘‘a 

18 nurse practitioner or clinical nurse specialist, or 

19 a physician assistant’’ after ‘‘physician’’; and 

20 (B) in paragraph (2)— 

21 (i) in the heading, by striking ‘‘PHYSI22 CIAN CERTIFICATION’’ and inserting ‘‘RULE

23 OF CONSTRUCTION REGARDING REQUIRE24 MENT FOR CERTIFICATION’’; and 

25 (ii) by striking ‘‘physician’’. 
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1 (e) APPLICATION TO MEDICAID.—The amendments 

2 made under this section shall apply under title XIX of the 

3 Social Security Act in the same manner and to the same 

4 extent as such requirements apply under title XVIII of such 

5 Act or regulations promulgated thereunder. 

6 (f) EFFECTIVE DATE.—The Secretary of Health and 

7 Human Services shall prescribe regulations to apply the 

8 amendments made by this section to items and services fur9 nished, which shall become effective no later than 6 months 

10 after the date of the enactment of this legislation. The Sec11 retary shall promulgate an interim final rule if necessary, 

12 to comply with the required effective date. 

13 SEC. 3709. ADJUSTMENT OF SEQUESTRATION. 

14 (a) TEMPORARY SUSPENSION OF MEDICARE SEQUES15 TRATION.—During the period beginning on May 1, 2020 

16 and ending on December 31, 2020, the Medicare programs 

17 under title XVIII of the Social Security Act (42 U.S.C. 

18 1395 et seq.) shall be exempt from reduction under any se19 questration order issued before, on, or after the date of en20 actment of this Act. 

21 (b) EXTENSION OF DIRECT SPENDING REDUCTIONS

22 THROUGH FISCAL YEAR 2030.—Section 251A(6) of the 

23 Balanced Budget and Emergency Deficit Control Act of 

24 1985 (2 U.S.C. 901a(6)) is amended— 
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1 (1) in subparagraph (B), in the matter pre2 ceding clause (i), by striking ‘‘through 2029’’ and in3 serting ‘‘through 2030’’; and 

4 (2) in subparagraph (C), in the matter preceding 

5 clause (i), by striking ‘‘fiscal year 2029’’ and insert6 ing ‘‘fiscal year 2030’’. 

7 SEC. 3710. MEDICARE HOSPITAL INPATIENT PROSPECTIVE 

8 PAYMENT SYSTEM ADD-ON PAYMENT FOR 

9 COVID–19 PATIENTS DURING EMERGENCY PE10 RIOD. 

11 (a) IN GENERAL.—Section 1886(d)(4)(C) of the Social 

12 Security Act (42 U.S.C. 1395ww(d)(4)(C)) is amended by 

13 adding at the end the following new clause: 

14 ‘‘(iv)(I) For discharges occurring during the emer15 gency period described in section 1135(g)(1)(B), in the case 

16 of a discharge of an individual diagnosed with COVID– 

17 19, the Secretary shall increase the weighting factor that 

18 would otherwise apply to the diagnosis-related group to 

19 which the discharge is assigned by 20 percent. The Sec20 retary shall identify a discharge of such an individual 

21 through the use of diagnosis codes, condition codes, or other 

22 such means as may be necessary. 

23 ‘‘(II) Any adjustment under subclause (I) shall not be 

24 taken into account in applying budget neutrality under 

25 clause (iii) 
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1 ‘‘(III) In the case of a State for which the Secretary 

2 has waived all or part of this section under the authority 

3 of section 1115A, nothing in this section shall preclude such 

4 State from implementing an adjustment similar to the ad5 justment under subclause (I).’’. 

6 (b) IMPLEMENTATION.—Notwithstanding any other 

7 provision of law, the Secretary may implement the amend8 ment made by subsection (a) by program instruction or oth9 erwise. 

10 SEC. 3711. INCREASING ACCESS TO POST-ACUTE CARE DUR11 ING EMERGENCY PERIOD. 

12 (a) WAIVER OF IRF 3-HOUR RULE.—With respect to 

13 inpatient rehabilitation services furnished by a rehabilita14 tion facility described in section 1886(j)(1) of the Social 

15 Security Act (42 U.S.C. 1395ww(j)(1)) during the emer16 gency period described in section 1135(g)(1)(B) of the So17 cial Security Act (42 U.S.C. 1320b–5(g)(1)(B)), the Sec18 retary of Health and Human Services shall waive section 

19 412.622(a)(3)(ii) of title 42, Code of Federal Regulations 

20 (or any successor regulations), relating to the requirement 

21 that patients of an inpatient rehabilitation facility receive 

22 at least 15 hours of therapy per week. 

23 (b) WAIVER OF SITE-NEUTRAL PAYMENT RATE PROVI24 SIONS FOR LONG-TERM CARE HOSPITALS.—With respect to 

25 inpatient hospital services furnished by a long-term care 
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1 hospital described in section 1886(d)(1)(B)(iv) of the Social 

2 Security Act (42 U.S.C. 1395ww(d)(1)(B)(iv)) during the 

3 emergency period described in section 1135(g)(1)(B) of the 

4 Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)), the Sec5 retary of Health and Human Services shall waive the fol6 lowing provisions of section 1886(m)(6) of such Act (42 

7 U.S.C. 1395ww(m)(6)): 

8 (1) LTCH 50-PERCENT RULE.—Subparagraph 

9 (C)(ii) of such section, relating to the payment adjust10 ment for long-term care hospitals that do not have a 

11 discharge payment percentage for the period that is at 

12 least 50 percent. 

13 (2) SITE-NEUTRAL IPPS PAYMENT RATE.—Sub14 paragraph (A)(i) of such section, relating to the ap15 plication of the site-neutral payment rate (and pay16 ment shall be made to a long-term care hospital with17 out regard to such section) for a discharge if the ad18 mission occurs during such emergency period and is 

19 in response to the public health emergency described 

20 in such section 1135(g)(1)(B). 
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1 SEC. 3712. REVISING PAYMENT RATES FOR DURABLE MED2 ICAL EQUIPMENT UNDER THE MEDICARE 

3 PROGRAM THROUGH DURATION OF EMER4 GENCY PERIOD. 

5 (a) RURAL AND NONCONTIGUOUS AREAS.—The Sec6 retary of Health and Human Services shall implement sec7 tion 414.210(g)(9)(iii) of title 42, Code of Federal Regula8 tions (or any successor regulation), to apply the transition 

9 rule described in such section to all applicable items and 

10 services furnished in rural areas and noncontiguous areas 

11 (as such terms are defined for purposes of such section) as 

12 planned through December 31, 2020, and through the dura13 tion of the emergency period described in section 

14 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b– 

15 5(g)(1)(B)), if longer. 

16 (b) AREAS OTHER THAN RURAL AND NONCONTIGUOUS

17 AREAS.—With respect to items and services furnished on 

18 or after the date that is 30 days after the date of the enact19 ment of this Act, the Secretary of Health and Human Serv20 ices shall apply section 414.210(g)(9)(iv) of title 42, Code 

21 of Federal Regulations (or any successor regulation), as if 

22 the reference to ‘‘dates of service from June 1, 2018 through 

23 December 31, 2020, based on the fee schedule amount for 

24 the area is equal to 100 percent of the adjusted payment 

25 amount established under this section’’ were instead a ref26 erence to ‘‘dates of service from March 6, 2020, through the 
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1 remainder of the duration of the emergency period described 

2 in section 1135(g)(1)(B) of the Social Security Act (42 

3 U.S.C. 1320b–5(g)(1)(B)), based on the fee schedule amount 

4 for the area is equal to 75 percent of the adjusted payment 

5 amount established under this section and 25 percent of the 

6 unadjusted fee schedule amount’’. 

7 SEC. 3713. COVERAGE OF THE COVID–19 VACCINE UNDER 

8 PART B OF THE MEDICARE PROGRAM WITH9 OUT ANY COST-SHARING. 

10 (a) MEDICAL AND OTHER HEALTH SERVICES.—Sec11 tion 1861(s)(10)(A) of the Social Security Act (42 U.S.C. 

12 1395x(s)(10)(A)) is amended by inserting ‘‘, and COVID– 

13 19 vaccine and its administration’’ after ‘‘influenza vaccine 

14 and its administration’’. 

15 (b) PART B DEDUCTIBLE.—The first sentence of sec16 tion 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) 

17 is amended— 

18 (1) in paragraph (10), by striking ‘‘and’’ at the 

19 end; and 

20 (2) in paragraph (11), by striking the period at 

21 the end and inserting ‘‘, and (12) such deductible 

22 shall not apply with respect a COVID–19 vaccine and 

23 its administration described in section 

24 1861(s)(10)(A).’’. 
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1 (c) MEDICARE ADVANTAGE.—Section 1852(a)(1)(B) of 

2 the Social Security Act (42 U.S.C. 1395w–22(a)(1)(B)) is 

3 amended— 

4 (1) in clause (iv)— 

5 (A) by redesignating subclause (VI) as sub6 clause (VII); and 

7 (B) by inserting after subclause (V) the fol8 lowing new subclause: 

9 ‘‘(VI) A COVID–19 vaccine and 

10 its administration described in section 

11 1861(s)(10)(A).’’; and 

12 (2) in clause (v), by striking ‘‘subclauses (IV) 

13 and (V)’’ inserting ‘‘subclauses (IV), (V), and (VI)’’. 

14 (d) EFFECTIVE DATE.—The amendments made by this 

15 section shall take effect on the date of enactment of this Act 

16 and shall apply with respect to a COVID–19 vaccine begin17 ning on the date that such vaccine is licensed under section 

18 351 of the Public Health Service Act (42 U.S.C. 262). 

19 (e) IMPLEMENTATION.—Notwithstanding any other 

20 provision of law, the Secretary may implement the provi21 sions of, and the amendments made by, this section by pro22 gram instruction or otherwise. 
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1 SEC. 3714. REQUIRING MEDICARE PRESCRIPTION DRUG 

2 PLANS AND MA–PD PLANS TO ALLOW DURING 

3 THE COVID–19 EMERGENCY PERIOD FOR 

4 FILLS AND REFILLS OF COVERED PART D 

5 DRUGS FOR UP TO A 3-MONTH SUPPLY. 

6 (a) IN GENERAL.—Section 1860D–4(b) of the Social 

7 Security Act (42 U.S.C. 1395w–104(b)) is amended by add8 ing at the end the following new paragraph: 

9 ‘‘(4) ENSURING ACCESS DURING COVID–19 PUB10 LIC HEALTH EMERGENCY PERIOD.— 

11 ‘‘(A) IN GENERAL.—During the emergency 

12 period described in section 1135(g)(1)(B), subject 

13 to subparagraph (B), a prescription drug plan 

14 or MA–PD plan shall, notwithstanding any cost 

15 and utilization management, medication therapy 

16 management, or other such programs under this 

17 part, permit a part D eligible individual en18 rolled in such plan to obtain in a single fill or 

19 refill, at the option of such individual, the total 

20 day supply (not to exceed a 90-day supply) pre21 scribed for such individual for a covered part D 

22 drug. 

23 ‘‘(B) SAFETY EDIT EXCEPTION.—A pre24 scription drug plan or MA–PD plan may not 

25 permit a part D eligible individual to obtain a 
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1 single fill or refill inconsistent with an applica2 ble safety edit.’’. 

3 (b) IMPLEMENTATION.—Notwithstanding any other 

4 provision of law, the Secretary of Health and Human Serv5 ices may implement the amendment made by this section 

6 by program instruction or otherwise. 

7 SEC. 3715. PROVIDING HOME AND COMMUNITY-BASED 

8 SERVICES IN ACUTE CARE HOSPITALS. 

9 Section 1902(h) of the Social Security Act (42 U.S.C. 

10 1396a(h)) is amended— 

11 (1) by inserting ‘‘(1)’’ after ‘‘(h)’’; 

12 (2) by inserting ‘‘, home and community-based 

13 services provided under subsection (c), (d), or (i) of 

14 section 1915 or under a waiver or demonstration 

15 project under section 1115, self-directed personal as16 sistance services provided pursuant to a written plan 

17 of care under section 1915(j), and home and commu18 nity-based attendant services and supports under sec19 tion 1915(k)’’ before the period; and 

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

21 ‘‘(2) Nothing in this title, title XVIII, or title XI shall 

22 be construed as prohibiting receipt of any care or services 

23 specified in paragraph (1) in an acute care hospital that 

24 are— 
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1 ‘‘(A) identified in an individual’s person-cen2 tered service plan (or comparable plan of care); 

3 ‘‘(B) provided to meet needs of the individual 

4 that are not met through the provision of hospital 

5 services; 

6 ‘‘(C) not a substitute for services that the hos7 pital is obligated to provide through its conditions of 

8 participation or under Federal or State law, or under 

9 another applicable requirement; and 

10 ‘‘(D) designed to ensure smooth transitions be11 tween acute care settings and home and community12 based settings, and to preserve the individual’s func13 tional abilities.’’. 

14 SEC. 3716. CLARIFICATION REGARDING UNINSURED INDI15 VIDUALS. 

16 Subsection (ss) of section 1902 of the Social Security 

17 Act (42 U.S.C. 1396a), as added by section 6004(a)(3)(C) 

18 of the Families First Coronavirus Response Act, is amend19 ed— 

20 (1) in paragraph (1), by inserting ‘‘(excluding 

21 subclause (VIII) of such subsection if the individual 

22 is a resident of a State which does not furnish med23 ical assistance to individuals described in such sub24 clause)’’ before the semicolon; and 
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1 (2) in paragraph (2), by inserting ‘‘, except that 

2 individuals who are eligible for medical assistance 

3 under subsection (a)(10)(A)(ii)(XII), subsection 

4 (a)(10)(A)(ii)(XVIII), subsection (a)(10)(A)(ii)(XXI), 

5 or subsection (a)(10)(C) (but only to the extent such 

6 an individual is considered to not have minimum es7 sential coverage under section 5000A(f)(1) of the In8 ternal Revenue Code of 1986), or who are described 

9 in subsection (l)(1)(A) and are eligible for medical as10 sistance only because of subsection (a)(10)(A)(i)(IV) 

11 or (a)(10)(A)(ii)(IX) and whose eligibility for such 

12 assistance is limited by the State under clause (VII) 

13 in the matter following subsection (a)(10)(G), shall 

14 not be treated as enrolled in a Federal health care 

15 program for purposes of this paragraph’’ before the 

16 period at the end. 

17 SEC. 3717. CLARIFICATION REGARDING COVERAGE OF 

18 COVID–19 TESTING PRODUCTS. 

19 Subparagraph (B) of section 1905(a)(3) of the Social 

20 Security Act (42 U.S.C. 1396d(a)(3)), as added by section 

21 6004(a)(1)(C) of the Families First Coronavirus Response 

22 Act (Public Law 116–127), is amended by striking ‘‘that 

23 are approved, cleared, or authorized under section 510(k), 

24 513, 515 or 564 of the Federal Food, Drug, and Cosmetic 

25 Act’’. 
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1 SEC. 3718. AMENDMENTS RELATING TO REPORTING RE2 QUIREMENTS WITH RESPECT TO CLINICAL DI3 AGNOSTIC LABORATORY TESTS. 

4 (a) REVISED REPORTING PERIOD FOR REPORTING OF

5 PRIVATE SECTOR PAYMENT RATES FOR ESTABLISHMENT

6 OF MEDICARE PAYMENT RATES.—Section 1834A(a)(1)(B) 

7 of the Social Security Act (42 U.S.C. 1395m–1(a)(1)(B)) 

8 is amended— 

9 (1) in clause (i), by striking ‘‘December 31, 

10 2020’’ and inserting ‘‘December 31, 2021’’; and 

11 (2) in clause (ii)— 

12 (A) by striking ‘‘January 1, 2021’’ and in13 serting ‘‘January 1, 2022’’; and 

14 (B) by striking ‘‘March 31, 2021’’ and in15 serting ‘‘March 31, 2022’’. 

16 (b) REVISED PHASE-IN OF REDUCTIONS FROM PRI17 VATE PAYOR RATE IMPLEMENTATION.—Section 

18 1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m– 

19 1(b)(3)) is amended— 

20 (1) in subparagraph (A), by striking ‘‘through 

21 2023’’ and inserting ‘‘through 2024’’; and 

22 (2) in subparagraph (B)— 

23 (A) in clause (i), by striking ‘‘and’’ at the 

24 end; 

25 (B) by redesignating clause (ii) as clause 

26 (iii); 
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1 (C) by inserting after clause (i) the fol2 lowing new clause: 

3 ‘‘(ii) for 2021, 0 percent; and’’; and 

4 (D) in clause (iii), as redesignated by sub5 paragraph (B), by striking ‘‘2021 through 2023’’ 

6 and inserting ‘‘2022 through 2024’’. 

7 SEC. 3719. EXPANSION OF THE MEDICARE HOSPITAL AC8 CELERATED PAYMENT PROGRAM DURING 

9 THE COVID–19 PUBLIC HEALTH EMERGENCY. 

10 Section 1815 of the Social Security Act (42 U.S.C. 

11 1395g) is amended— 

12 (1) in subsection (e)(3), by striking ‘‘In the case’’ 

13 and inserting ‘‘Subject to subsection (f), in the case’’; 

14 and 

15 (2) by adding at the end the following new sub16 section: 

17 ‘‘(f)(1) During the emergency period described in sec18 tion 1135(g)(1)(B), the Secretary shall expand the program 

19 under subsection (e)(3) pursuant to paragraph (2). 

20 ‘‘(2) In expanding the program under subsection 

21 (e)(3), the following shall apply: 

22 ‘‘(A)(i) In addition to the hospitals described in 

23 subsection (e)(3), the following hospitals shall be eligi24 ble to participate in the program: 
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1 ‘‘(I) Hospitals described in clause (iii) of 

2 section 1886(d)(1)(B). 

3 ‘‘(II) Hospitals described in clause (v) of 

4 such section. 

5 ‘‘(III) Critical access hospitals (as defined 

6 in section 1861(mm)(1)). 

7 ‘‘(ii) Subject to appropriate safeguards against 

8 fraud, waste, and abuse, upon a request of a hospital 

9 described in clause (i), the Secretary shall provide ac10 celerated payments under the program to such hos11 pital. 

12 ‘‘(B) Upon the request of the hospital, the Sec13 retary may do any of the following: 

14 ‘‘(i) Make accelerated payments on a peri15 odic or lump sum basis. 

16 ‘‘(ii) Increase the amount of payment that 

17 would otherwise be made to hospitals under the 

18 program up to 100 percent (or, in the case of 

19 critical access hospitals, up to 125 percent). 

20 ‘‘(iii) Extend the period that accelerated 

21 payments cover so that it covers up to a 6-month 

22 period. 

23 ‘‘(C) Upon the request of the hospital, the Sec24 retary shall do the following: 
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1 ‘‘(i) Provide up to 120 days before claims 

2 are offset to recoup the accelerated payment. 

3 ‘‘(ii) Allow not less than 12 months from 

4 the date of the first accelerated payment before 

5 requiring that the outstanding balance be paid 

6 in full. 

7 ‘‘(3) Nothing in this subsection shall preclude the Sec8 retary from carrying out the provisions described in clauses 

9 (i), (ii), and (iii) of paragraph (2)(B) and clauses (i) and 

10 (ii) of paragraph (2)(C) under the program under sub11 section (e)(3) after the period for which this subsection ap12 plies. 

13 ‘‘(4) Notwithstanding any other provision of law, the 

14 Secretary may implement the provisions of this subsection 

15 by program instruction or otherwise.’’. 

16 SEC. 3720. DELAYING REQUIREMENTS FOR ENHANCED 

17 FMAP TO ENABLE STATE LEGISLATION NEC18 ESSARY FOR COMPLIANCE. 

19 Section 6008 of the Families First Coronavirus Re20 sponse Act is amended by adding at the end the following 

21 new subsection: 

22 ‘‘(d) DELAY IN APPLICATION OF PREMIUM REQUIRE23 MENT.—During the 30 day period beginning on the date 

24 of enactment of this Act, a State shall not be ineligible for 

25 the increase to the Federal medical assistance percentage 
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1 of the State described in subsection (a) on the basis that 

2 the State imposes a premium that violates the requirement 

3 of subsection (b)(2) if such premium was in effect on the 

4 date of enactment of this Act.’’. 

5 Subtitle E—Health and Human 

6 Services Extenders 

7 PART I—MEDICARE PROVISIONS 

8 SEC. 3801. EXTENSION OF THE WORK GEOGRAPHIC INDEX 

9 FLOOR UNDER THE MEDICARE PROGRAM. 

10 Section 1848(e)(1)(E) of the Social Security Act (42 

11 U.S.C. 1395w–4(e)(1)(E)) is amended by striking ‘‘May 23, 

12 2020’’ and inserting ‘‘December 1, 2020’’. 

13 SEC. 3802. EXTENSION OF FUNDING FOR QUALITY MEAS14 URE ENDORSEMENT, INPUT, AND SELECTION. 

15 (a) IN GENERAL.—Section 1890(d)(2) of the Social Se16 curity Act (42 U.S.C. 1395aaa(d)(2)) is amended— 

17 (1) in the first sentence, by striking ‘‘and 

18 $4,830,000 for the period beginning on October 1, 

19 2019, and ending on May 22, 2020’’ and inserting 

20 ‘‘$20,000,000 for fiscal year 2020, and for the period 

21 beginning on October 1, 2020, and ending on Novem22 ber 30, 2020, the amount equal to the pro rata por23 tion of the amount appropriated for such period for 

24 fiscal year 2020’’; and 
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1 (2) in the third sentence, by striking ‘‘and 2019 

2 and for the period beginning on October 1, 2019, and 

3 ending on May 22, 2020’’ and inserting ‘‘, 2019, and 

4 2020, and for the period beginning on October 1, 

5 2020, and ending on November 30, 2020,’’. 

6 (b) EFFECTIVE DATE.—The amendments made by sub7 section (a) shall take effect as if included in the enactment 

8 of the Further Consolidated Appropriations Act, 2020 (Pub9 lic Law 116–94). 

10 SEC. 3803. EXTENSION OF FUNDING OUTREACH AND AS11 SISTANCE FOR LOW-INCOME PROGRAMS. 

12 (a) FUNDING EXTENSIONS.— 

13 (1) ADDITIONAL FUNDING FOR STATE HEALTH

14 INSURANCE PROGRAMS.—Subsection (a)(1)(B) of sec15 tion 119 of the Medicare Improvements for Patients 

16 and Providers Act of 2008 (42 U.S.C. 1395b–3 note), 

17 as amended by section 3306 of the Patient Protection 

18 and Affordable Care Act (Public Law 111–148), sec19 tion 610 of the American Taxpayer Relief Act of 2012 

20 (Public Law 112–240), section 1110 of the Pathway 

21 for SGR Reform Act of 2013 (Public Law 113–67), 

22 section 110 of the Protecting Access to Medicare Act 

23 of 2014 (Public Law 113–93), section 208 of the 

24 Medicare Access and CHIP Reauthorization Act of 

25 2015 (Public Law 114–10), section 50207 of division 
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1 E of the Bipartisan Budget Act of 2018 (Public Law 

2 115–123), section 1402 of division B of the Con3 tinuing Appropriations Act, 2020, and Health Ex4 tenders Act of 2019 (Public Law 116–59), section 

5 1402 of division B of the Further Continuing Appro6 priations Act, 2020, and Further Health Extenders 

7 Act of 2019 (Public Law 116–69), and section 103 of 

8 division N of the Further Consolidated Appropria9 tions Act, 2020 (Public Law 116–94) is amended by 

10 striking clauses (x) through (xii) and inserting the 

11 following new clauses: 

12 ‘‘(x) for fiscal year 2020, of 

13 $13,000,000; and 

14 ‘‘(xi) for the period beginning on Octo15 ber 1, 2020, and ending on November 30, 

16 2020, the amount equal to the pro rata por17 tion of the amount appropriated for such 

18 period for fiscal year 2020.’’. 

19 (2) ADDITIONAL FUNDING FOR AREA AGENCIES

20 ON AGING.—Subsection (b)(1)(B) of such section 119, 

21 as so amended, is amended by striking clauses (x) 

22 through (xii) and inserting the following new clauses: 

23 ‘‘(x) for fiscal year 2020, of $7,500,000; 

24 and 
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1 ‘‘(xi) for the period beginning on Octo2 ber 1, 2020, and ending on November 30, 

3 2020, the amount equal to the pro rata por4 tion of the amount appropriated for such 

5 period for fiscal year 2020.’’. 

6 (3) ADDITIONAL FUNDING FOR AGING AND DIS7 ABILITY RESOURCE CENTERS.—Subsection (c)(1)(B) 

8 of such section 119, as so amended, is amended by 

9 striking clauses (x) through (xii) and inserting the 

10 following new clauses: 

11 ‘‘(x) for fiscal year 2020, of $5,000,000; 

12 and 

13 ‘‘(xi) for the period beginning on Octo14 ber 1, 2020, and ending on November 30, 

15 2020, the amount equal to the pro rata por16 tion of the amount appropriated for such 

17 period for fiscal year 2020.’’. 

18 (4) ADDITIONAL FUNDING FOR CONTRACT WITH

19 THE NATIONAL CENTER FOR BENEFITS AND OUT20 REACH ENROLLMENT.—Subsection (d)(2) of such sec21 tion 119, as so amended, is amended by striking 

22 clauses (x) through (xii) and inserting the following 

23 new clauses: 

24 ‘‘(x) for fiscal year 2020, of 

25 $12,000,000; and 
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1 ‘‘(xi) for the period beginning on Octo2 ber 1, 2020, and ending on November 30, 

3 2020, the amount equal to the pro rata por4 tion of the amount appropriated for such 

5 period for fiscal year 2020.’’. 

6 (b) EFFECTIVE DATE.—The amendments made by sub7 section (a) shall take effect as if included in the enactment 

8 of the Further Consolidated Appropriations Act, 2020 (Pub9 lic Law 116–94). 

10 PART II—MEDICAID PROVISIONS 

11 SEC. 3811. EXTENSION OF THE MONEY FOLLOWS THE PER12 SON REBALANCING DEMONSTRATION PRO13 GRAM. 

14 Section 6071(h) of the Deficit Reduction Act of 2005 

15 (42 U.S.C. 1396a note) is amended— 

16 (1) in paragraph (1), by striking subparagraph 

17 (G) and inserting the following: 

18 ‘‘(G) subject to paragraph (3), $337,500,000 

19 for the period beginning on January 1, 2020, 

20 and ending on September 30, 2020; and 

21 ‘‘(H) subject to paragraph (3), for the pe22 riod beginning on October 1, 2020, and ending 

23 on November 30, 2020, the amount equal to the 

24 pro rata portion of the amount appropriated for 

25 such period for fiscal year 2020.’’; and 
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1 (2) in paragraph (3), by striking ‘‘and (G)’’ and 

2 inserting ‘‘, (G), and (H)’’. 

3 SEC. 3812. EXTENSION OF SPOUSAL IMPOVERISHMENT 

4 PROTECTIONS. 

5 (a) IN GENERAL.—Section 2404 of Public Law 111– 

6 148 (42 U.S.C. 1396r–5 note) is amended by striking ‘‘May 

7 22, 2020’’ and inserting ‘‘November 30, 2020’’. 

8 (b) RULE OF CONSTRUCTION.—Nothing in section 

9 2404 of Public Law 111–148 (42 U.S.C. 1396r–5 note) or 

10 section 1902(a)(17) or 1924 of the Social Security Act (42 

11 U.S.C. 1396a(a)(17), 1396r–5) shall be construed as prohib12 iting a State from— 

13 (1) applying an income or resource disregard 

14 under a methodology authorized under section 

15 1902(r)(2) of such Act (42 U.S.C. 1396a(r)(2))— 

16 (A) to the income or resources of an indi17 vidual described in section 

18 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C. 

19 1396a(a)(10)(A)(ii)(VI)) (including a disregard 

20 of the income or resources of such individual’s 

21 spouse); or 

22 (B) on the basis of an individual’s need for 

23 home and community-based services authorized 

24 under subsection (c), (d), (i), or (k) of section 
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1 1915 of such Act (42 U.S.C. 1396n) or under sec2 tion 1115 of such Act (42 U.S.C. 1315); or 

3 (2) disregarding an individual’s spousal income 

4 and assets under a plan amendment to provide med5 ical assistance for home and community-based serv6 ices for individuals by reason of being determined eli7 gible under section 1902(a)(10)(C) of such Act (42 

8 U.S.C. 1396a(a)(10)(C)) or by reason of section 

9 1902(f) of such Act (42 U.S.C. 1396a(f)) or otherwise 

10 on the basis of a reduction of income based on costs 

11 incurred for medical or other remedial care under 

12 which the State disregarded the income and assets of 

13 the individual’s spouse in determining the initial and 

14 ongoing financial eligibility of an individual for such 

15 services in place of the spousal impoverishment provi16 sions applied under section 1924 of such Act (42 

17 U.S.C. 1396r–5). 

18 SEC. 3813. DELAY OF DSH REDUCTIONS. 

19 Section 1923(f)(7)(A) of the Social Security Act (42 

20 U.S.C. 1396r–4(f)(7)(A)) is amended— 

21 (1) in clause (i), in the matter preceding sub22 clause (I), by striking ‘‘May 23, 2020, and ending 

23 September 30, 2020, and for each of fiscal years 

24 2021’’ and inserting ‘‘December 1, 2020, and ending 
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1 September 30, 2021, and for each of fiscal years 

2 2022’’; and 

3 (2) in clause (ii)— 

4 (A) in subclause (I), by striking ‘‘May 23, 

5 2020, and ending September 30, 2020’’ and in6 serting ‘‘December 1, 2020, and ending Sep7 tember 30, 2021’’; and 

8 (B) in subclause (II), by striking ‘‘2021’’ 

9 and inserting ‘‘2022’’. 

10 SEC. 3814. EXTENSION AND EXPANSION OF COMMUNITY 

11 MENTAL HEALTH SERVICES DEMONSTRATION 

12 PROGRAM. 

13 (a) IN GENERAL.—Section 223(d) of the Protecting 

14 Access to Medicare Act of 2014 (42 U.S.C. 1396a note) is 

15 amended— 

16 (1) in paragraph (3)— 

17 (A) by striking ‘‘Not more than’’ and insert18 ing ‘‘Subject to paragraph (8), not more than’’; 

19 and 

20 (B) by striking ‘‘May 22, 2020’’ and insert21 ing ‘‘November 30, 2020’’; and 

22 (2) by adding at the end the following new para23 graph: 

24 ‘‘(8) ADDITIONAL PROGRAMS.— 
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1 ‘‘(A) IN GENERAL.—Not later than 6 

2 months after the date of enactment of this para3 graph, in addition to the 8 States selected under 

4 paragraph (1), the Secretary shall select 2 States 

5 to participate in 2-year demonstration programs 

6 that meet the requirements of this subsection. 

7 ‘‘(B) SELECTION OF STATES.— 

8 ‘‘(i) IN GENERAL.—Subject to clause 

9 (ii), in selecting States under this para10 graph, the Secretary— 

11 ‘‘(I) shall select States that— 

12 ‘‘(aa) were awarded plan13 ning grants under subsection (c); 

14 and 

15 ‘‘(bb) applied to participate 

16 in the demonstration programs 

17 under this subsection under para18 graph (1) but, as of the date of en19 actment of this paragraph, were 

20 not selected to participate under 

21 paragraph (1); and 

22 ‘‘(II) shall use the results of the 

23 Secretary’s evaluation of each State’s 

24 application under paragraph (1) to de25 termine which States to select, and 
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1 shall not require the submission of any 

2 additional application. 

3 ‘‘(C) REQUIREMENTS FOR SELECTED

4 STATES.—Prior to services being delivered under 

5 the demonstration authority in a State selected 

6 under this paragraph, the State shall— 

7 ‘‘(i) submit a plan to monitor certified 

8 community behavioral health clinics under 

9 the demonstration program to ensure com10 pliance with certified community behavioral 

11 health criteria during the demonstration pe12 riod; and 

13 ‘‘(ii) commit to collecting data, noti14 fying the Secretary of any planned changes 

15 that would deviate from the prospective 

16 payment system methodology outlined in 

17 the State’s demonstration application, and 

18 obtaining approval from the Secretary for 

19 any such change before implementing the 

20 change.’’. 

21 (b) LIMITATION.—Section 223(d)(5) of the Protecting 

22 Access to Medicare Act of 2014 (42 U.S.C. 1396a note) is 

23 amended— 

24 (1) in subparagraph (B), in the matter pre25 ceding clause (i), by striking ‘‘The Federal matching’’ 
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1 and inserting ‘‘Subject to subparagraph (C)(iii), the 

2 Federal matching’’; and 

3 (2) in subparagraph (C), by adding at the end 

4 the following new clause: 

5 ‘‘(iii) PAYMENTS FOR AMOUNTS EX6 PENDED AFTER 2019.—The Federal match7 ing percentage applicable under subpara8 graph (B) to amounts expended by a State 

9 participating in the demonstration program 

10 under this subsection shall— 

11 ‘‘(I) in the case of a State partici12 pating in the demonstration program 

13 as of January 1, 2020, apply to 

14 amounts expended by the State during 

15 the 8 fiscal quarter period (or any por16 tion of such period) that begins on 

17 January 1, 2020; and 

18 ‘‘(II) in the case of a State se19 lected to participate in the demonstra20 tion program under paragraph (8), 

21 during first 8 fiscal quarter period (or 

22 any portion of such period) that the 

23 State participates in a demonstration 

24 program.’’. 
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1 (c) GAO STUDY AND REPORT ON THE COMMUNITY

2 AND MENTAL HEALTH SERVICES DEMONSTRATION PRO3 GRAM.— 

4 (1) IN GENERAL.—Not later than 18 months 

5 after the date of the enactment of this Act, the Comp6 troller General of the United States shall submit to 

7 the Committee on Energy and Commerce of the House 

8 of Representatives and the Committee on Finance of 

9 the Senate a report on the community and mental 

10 health services demonstration program conducted 

11 under section 223 of the Protecting Access to Medicare 

12 Act of 2014 (42 U.S.C. 1396a note) (referred to in 

13 this subsection as the ‘‘demonstration program’’). 

14 (2) CONTENT OF REPORT.—The report required 

15 under paragraph (1) shall include the following infor16 mation: 

17 (A) Information on States’ experiences par18 ticipating in the demonstration program, includ19 ing the extent to which States— 

20 (i) measure the effects of access to cer21 tified community behavioral health clinics 

22 on patient health and cost of care, includ23 ing— 

24 (I) engagement in treatment for 

25 behavioral health conditions; 
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1 (II) relevant clinical outcomes, to 

2 the extent collected; 

3 (III) screening and treatment for 

4 comorbid medical conditions; and 

5 (IV) use of crisis stabilization, 

6 emergency department, and inpatient 

7 care. 

8 (B) Information on Federal efforts to evalu9 ate the demonstration program, including— 

10 (i) quality measures used to evaluate 

11 the program; 

12 (ii) assistance provided to States on 

13 data collection and reporting; 

14 (iii) assessments of the reliability and 

15 usefulness of State-submitted data; and 

16 (iv) the extent to which such efforts 

17 provide information on the relative quality, 

18 scope, and cost of services as compared with 

19 services not provided under the demonstra20 tion program, and in comparison to Med21 icaid beneficiaries with mental illness and 

22 substance use disorders not served under the 

23 demonstration program. 

24 (C) Recommendations for improvements to 

25 the following: 
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1 (i) The reporting, accuracy, and vali2 dation of encounter data. 

3 (ii) Accuracy in payments to certified 

4 community behavioral health clinics under 

5 State plans or waivers under title XIX of 

6 the Social Security Act (42 U.S.C. 1396 et 

7 seq.). 

8 PART III—HUMAN SERVICES AND OTHER HEALTH 

9 PROGRAMS 

10 SEC. 3821. EXTENSION OF SEXUAL RISK AVOIDANCE EDU11 CATION PROGRAM. 

12 Section 510 of the Social Security Act (42 U.S.C. 710) 

13 is amended— 

14 (1) in subsection (a)— 

15 (A) in paragraph (1), in the matter pre16 ceding subparagraph (A)— 

17 (i) by striking ‘‘and 2019 and for the 

18 period beginning October 1, 2019, and end19 ing May 22, 2020’’ and inserting ‘‘through 

20 2020 and for the period beginning October 

21 1, 2020, and ending November 30, 2020’’; 

22 and 

23 (ii) by striking ‘‘fiscal year 2020’’ and 

24 inserting ‘‘fiscal year 2021’’ 

25 (B) in paragraph (2)(A)— 
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1 (i) by striking ‘‘and 2019 and for the 

2 period beginning October 1, 2019, and end3 ing May 22, 2020’’ and inserting ‘‘through 

4 2020 and for the period beginning October 

5 1, 2020, and ending November 30, 2020’’; 

6 and 

7 (ii) by striking ‘‘fiscal year 2020’’ and 

8 inserting ‘‘fiscal year 2021’’; and 

9 (2) in subsection (f)(1), by striking ‘‘and 2019 

10 and $48,287,671 for the period beginning October 1, 

11 2019, and ending May 22, 2020’’ and inserting 

12 ‘‘through 2020, and for the period beginning on Octo13 ber 1, 2020, and ending on November 30, 2020, the 

14 amount equal to the pro rata portion of the amount 

15 appropriated for such period for fiscal year 2020’’. 

16 SEC. 3822. EXTENSION OF PERSONAL RESPONSIBILITY EDU17 CATION PROGRAM. 

18 Section 513 of the Social Security Act (42 U.S.C. 713) 

19 is amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (1)— 

22 (i) in subparagraph (A), in the matter 

23 preceding clause (i), by striking ‘‘2019 and 

24 for the period beginning October 1, 2019, 

25 and ending May 22, 2020’’ and inserting 
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1 ‘‘2020 and for the period beginning October 

2 1, 2020, and ending November 30, 2020’’; 

3 and 

4 (ii) in subparagraph (B)(i), by strik5 ing by striking ‘‘October 1, 2019, and end6 ing May 22, 2020’’ and inserting ‘‘October 

7 1, 2020, and ending November 30, 2020’’; 

8 (2) in paragraph (4)(A), by striking ‘‘2019’’ 

9 each place it appears and inserting ‘‘2020’’; and 

10 (3) in subsection (f), by striking ‘‘2019 and 

11 $48,287,671 for the period beginning October 1, 2019, 

12 and ending May 22, 2020’’ and inserting ‘‘2020, and 

13 for the period beginning on October 1, 2020, and end14 ing on November 30, 2020, the amount equal to the 

15 pro rata portion of the amount appropriated for such 

16 period for fiscal year 2020’’. 

17 SEC. 3823. EXTENSION OF DEMONSTRATION PROJECTS TO 

18 ADDRESS HEALTH PROFESSIONS WORK19 FORCE NEEDS. 

20 Activities authorized by section 2008 of the Social Se21 curity Act shall continue through November 30, 2020, in 

22 the manner authorized for fiscal year 2019, and out of any 

23 money in the Treasury of the United States not otherwise 

24 appropriated, there are hereby appropriated such sums as 

25 may be necessary for such purpose. Grants and payments 
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1 may be made pursuant to this authority through the date 

2 so specified at the pro rata portion of the total amount au3 thorized for such activities in fiscal year 2019. 

4 SEC. 3824. EXTENSION OF THE TEMPORARY ASSISTANCE 

5 FOR NEEDY FAMILIES PROGRAM AND RE6 LATED PROGRAMS. 

7 Activities authorized by part A of title IV and section 

8 1108(b) of the Social Security Act shall continue through 

9 November 30, 2020, in the manner authorized for fiscal year 

10 2019, and out of any money in the Treasury of the United 

11 States not otherwise appropriated, there are hereby appro12 priated such sums as may be necessary for such purpose. 

13 PART IV—PUBLIC HEALTH PROVISIONS 

14 SEC. 3831. EXTENSION FOR COMMUNITY HEALTH CENTERS, 

15 THE NATIONAL HEALTH SERVICE CORPS, AND 

16 TEACHING HEALTH CENTERS THAT OPERATE 

17 GME PROGRAMS. 

18 (a) COMMUNITY HEALTH CENTERS.—Section 

19 10503(b)(1)(F) of the Patient Protection and Affordable 

20 Care Act (42 U.S.C. 254b–2(b)(1)(F)) is amended by strik21 ing ‘‘and $2,575,342,466 for the period beginning on Octo22 ber 1, 2019, and ending on May 22, 2020’’ and inserting 

23 ‘‘$4,000,000,000 for fiscal year 2020, and $668,493,151 for 

24 the period beginning on October 1, 2020, and ending on 

25 November 30, 2020’’. 
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1 (b) NATIONAL HEALTH SERVICE CORPS.—Section 

2 10503(b)(2) of the Patient Protection and Affordable Care 

3 Act (42 U.S.C. 254b–2(b)(2)) is amended— 

4 (1) in subparagraph (F), by striking ‘‘and’’ at 

5 the end; and 

6 (2) by striking subparagraph (G) and inserting 

7 the following: 

8 ‘‘(G) $310,000,000 for fiscal year 2020; and 

9 ‘‘(H) $51,808,219 for the period beginning 

10 on October 1, 2020, and ending on November 30, 

11 2020.’’. 

12 (c) TEACHING HEALTH CENTERS THAT OPERATE

13 GRADUATE MEDICAL EDUCATION PROGRAMS.—Section 

14 340H(g)(1) of the Public Health Service Act (42 U.S.C. 

15 256h(g)(1)) is amended by striking ‘‘and 2019, and 

16 $81,445,205 for the period beginning on October 1, 2019, 

17 and ending on May 22, 2020’’ and inserting ‘‘through fiscal 

18 year 2020, and $21,141,096 for the period beginning on Oc19 tober 1, 2020, and ending on November 30, 2020’’. 

20 (d) APPLICATION OF PROVISIONS.—Amounts appro21 priated pursuant to the amendments made by this section 

22 for fiscal year 2020 and for the period beginning on October 

23 1, 2020, and ending on November 30, 2020, shall be subject 

24 to the requirements contained in Public Law 116–94 for 

25 funds for programs authorized under sections 330 through 
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1 340 of the Public Health Service Act (42 U.S.C. 254 

2 through 256). 

3 (e) CONFORMING AMENDMENT.—Paragraph (4) of sec4 tion 3014(h) of title 18, United States Code, as amended 

5 by section 401(e) of division N of Public Law 116–94, is 

6 amended by striking ‘‘section 401(d) of division N of the 

7 Further Consolidated Appropriations Act, 2020’’ and in8 serting ‘‘section 3831 of the CARES Act’’. 

9 SEC. 3832. DIABETES PROGRAMS. 

10 (a) TYPE I.—Section 330B(b)(2)(D) of the Public 

11 Health Service Act (42 U.S.C. 254c–2(b)(2)(D)) is amended 

12 by striking ‘‘and 2019, and $96,575,342 for the period be13 ginning on October 1, 2019, and ending on May 22, 2020’’ 

14 and inserting ‘‘through 2020, and $25,068,493 for the pe15 riod beginning on October 1, 2020, and ending on November 

16 30, 2020’’. 

17 (b) INDIANS.—Section 330C(c)(2)(D) of the Public 

18 Health Service Act (42 U.S.C. 254c–3(c)(2)(D)) is amended 

19 by striking ‘‘and 2019, and $96,575,342 for the period be20 ginning on October 1, 2019, and ending on May 22, 2020’’ 

21 and inserting ‘‘through 2020, and $25,068,493 for the pe22 riod beginning on October 1, 2020, and ending on November 

23 30, 2020’’. 
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1 PART V—MISCELLANEOUS PROVISIONS 

2 SEC. 3841. PREVENTION OF DUPLICATE APPROPRIATIONS 

3 FOR FISCAL YEAR 2020. 

4 Expenditures made under any provision of law 

5 amended in this title pursuant to the amendments made 

6 by the Continuing Appropriations Act, 2020, and Health 

7 Extenders Act of 2019 (Public Law 116–59), the Further 

8 Continuing Appropriations Act, 2020, and Further Health 

9 Extenders Act of 2019 (Public Law 116–69), and the Fur10 ther Consolidated Appropriations Act, 2020 (Public Law 

11 116–94) for fiscal year 2020 shall be charged to the applica12 ble appropriation or authorization provided by the amend13 ments made by this title to such provision of law for such 

14 fiscal year. 

15 Subtitle F—Over-the-Counter Drugs 

16 PART I—OTC DRUG REVIEW 

17 SEC. 3851. REGULATION OF CERTAIN NONPRESCRIPTION 

18 DRUGS THAT ARE MARKETED WITHOUT AN 

19 APPROVED DRUG APPLICATION. 

20 (a) IN GENERAL.—Chapter V of the Federal Food, 

21 Drug, and Cosmetic Act is amended by inserting after sec22 tion 505F of such Act (21 U.S.C. 355g) the following: 
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1 ‘‘SEC. 505G. REGULATION OF CERTAIN NONPRESCRIPTION 

2 DRUGS THAT ARE MARKETED WITHOUT AN 

3 APPROVED DRUG APPLICATION. 

4 ‘‘(a) NONPRESCRIPTION DRUGS MARKETED WITHOUT

5 AN APPROVED APPLICATION.—Nonprescription drugs mar6 keted without an approved drug application under section 

7 505, as of the date of the enactment of this section, shall 

8 be treated in accordance with this subsection. 

9 ‘‘(1) DRUGS SUBJECT TO A FINAL MONOGRAPH; 

10 CATEGORY I DRUGS SUBJECT TO A TENTATIVE FINAL

11 MONOGRAPH.—A drug is deemed to be generally rec12 ognized as safe and effective under section 201(p)(1), 

13 not a new drug under section 201(p), and not subject 

14 to section 503(b)(1), if— 

15 ‘‘(A) the drug is— 

16 ‘‘(i) in conformity with the require17 ments for nonprescription use of a final 

18 monograph issued under part 330 of title 

19 21, Code of Federal Regulations (except as 

20 provided in paragraph (2)), the general re21 quirements for nonprescription drugs, and 

22 conditions or requirements under sub23 sections (b), (c), and (k); and 

24 ‘‘(ii) except as permitted by an order 

25 issued under subsection (b) or, in the case 

26 of a minor change in the drug, in con-
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1 formity with an order issued under sub2 section (c), in a dosage form that, imme3 diately prior to the date of the enactment of 

4 this section, has been used to a material ex5 tent and for a material time under section 

6 201(p)(2); or 

7 ‘‘(B) the drug is— 

8 ‘‘(i) classified in category I for safety 

9 and effectiveness under a tentative final 

10 monograph that is the most recently appli11 cable proposal or determination issued 

12 under part 330 of title 21, Code of Federal 

13 Regulations; 

14 ‘‘(ii) in conformity with the proposed 

15 requirements for nonprescription use of such 

16 tentative final monograph, any applicable 

17 subsequent determination by the Secretary, 

18 the general requirements for nonprescription 

19 drugs, and conditions or requirements 

20 under subsections (b), (c), and (k); and 

21 ‘‘(iii) except as permitted by an order 

22 issued under subsection (b) or, in the case 

23 of a minor change in the drug, in con24 formity with an order issued under sub25 section (c), in a dosage form that, imme-
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1 diately prior to the date of the enactment of 

2 this section, has been used to a material ex3 tent and for a material time under section 

4 201(p)(2). 

5 ‘‘(2) TREATMENT OF SUNSCREEN DRUGS.—With 

6 respect to sunscreen drugs subject to this section, the 

7 applicable requirements in terms of conformity with 

8 a final monograph, for purposes of paragraph 

9 (1)(A)(i), shall be the requirements specified in part 

10 352 of title 21, Code of Federal Regulations, as pub11 lished on May 21, 1999, beginning on page 27687 of 

12 volume 64 of the Federal Register, except that the ap13 plicable requirements governing effectiveness and la14 beling shall be those specified in section 201.327 of 

15 title 21, Code of Federal Regulations. 

16 ‘‘(3) CATEGORY III DRUGS SUBJECT TO A TEN17 TATIVE FINAL MONOGRAPH; CATEGORY I DRUGS SUB18 JECT TO PROPOSED MONOGRAPH OR ADVANCE NOTICE

19 OF PROPOSED RULEMAKING.—A drug that is not de20 scribed in paragraph (1), (2), or (4) is not required 

21 to be the subject of an application approved under 

22 section 505, and is not subject to section 503(b)(1), 

23 if— 

24 ‘‘(A) the drug is— 
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1 ‘‘(i) classified in category III for safety 

2 or effectiveness in the preamble of a pro3 posed rule establishing a tentative final 

4 monograph that is the most recently appli5 cable proposal or determination for such 

6 drug issued under part 330 of title 21, Code 

7 of Federal Regulations; 

8 ‘‘(ii) in conformity with— 

9 ‘‘(I) the conditions of use, includ10 ing indication and dosage strength, if 

11 any, described for such category III 

12 drug in such preamble or in an appli13 cable subsequent proposed rule; 

14 ‘‘(II) the proposed requirements 

15 for drugs classified in such tentative 

16 final monograph in category I in the 

17 most recently proposed rule estab18 lishing requirements related to such 

19 tentative final monograph and in any 

20 final rule establishing requirements 

21 that are applicable to the drug; and 

22 ‘‘(III) the general requirements for 

23 nonprescription drugs and conditions 

24 or requirements under subsection (b) or 

25 (k); and 
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1 ‘‘(iii) in a dosage form that, imme2 diately prior to the date of the enactment of 

3 this section, had been used to a material ex4 tent and for a material time under section 

5 201(p)(2); or 

6 ‘‘(B) the drug is— 

7 ‘‘(i) classified in category I for safety 

8 and effectiveness under a proposed mono9 graph or advance notice of proposed rule10 making that is the most recently applicable 

11 proposal or determination for such drug 

12 issued under part 330 of title 21, Code of 

13 Federal Regulations; 

14 ‘‘(ii) in conformity with the require15 ments for nonprescription use of such pro16 posed monograph or advance notice of pro17 posed rulemaking, any applicable subse18 quent determination by the Secretary, the 

19 general requirements for nonprescription 

20 drugs, and conditions or requirements 

21 under subsection (b) or (k); and 

22 ‘‘(iii) in a dosage form that, imme23 diately prior to the date of the enactment of 

24 this section, has been used to a material ex-
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1 tent and for a material time under section 

2 201(p)(2). 

3 ‘‘(4) CATEGORY II DRUGS DEEMED NEW

4 DRUGS.—A drug that is classified in category II for 

5 safety or effectiveness under a tentative final mono6 graph or that is subject to a determination to be not 

7 generally recognized as safe and effective in a pro8 posed rule that is the most recently applicable pro9 posal issued under part 330 of title 21, Code of Fed10 eral Regulations, shall be deemed to be a new drug 

11 under section 201(p), misbranded under section 

12 502(ee), and subject to the requirement for an ap13 proved new drug application under section 505 begin14 ning on the day that is 180 calendar days after the 

15 date of the enactment of this section, unless, before 

16 such day, the Secretary determines that it is in the 

17 interest of public health to extend the period during 

18 which the drug may be marketed without such an ap19 proved new drug application. 

20 ‘‘(5) DRUGS NOT GRASE DEEMED NEW DRUGS.— 

21 A drug that the Secretary has determined not to be 

22 generally recognized as safe and effective under sec23 tion 201(p)(1) under a final determination issued 

24 under part 330 of title 21, Code of Federal Regula25 tions, shall be deemed to be a new drug under section 
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1 201(p), misbranded under section 502(ee), and subject 

2 to the requirement for an approved new drug applica3 tion under section 505. 

4 ‘‘(6) OTHER DRUGS DEEMED NEW DRUGS.—Ex5 cept as provided in subsection (m), a drug is deemed 

6 to be a new drug under section 201(p) and mis7 branded under section 502(ee) if the drug— 

8 ‘‘(A) is not subject to section 503(b)(1); and 

9 ‘‘(B) is not described in paragraph (1), (2), 

10 (3), (4), or (5), or subsection (b)(1)(B). 

11 ‘‘(b) ADMINISTRATIVE ORDERS.— 

12 ‘‘(1) IN GENERAL.— 

13 ‘‘(A) DETERMINATION.—The Secretary 

14 may, on the initiative of the Secretary or at the 

15 request of one or more requestors, issue an ad16 ministrative order determining whether there are 

17 conditions under which a specific drug, a class 

18 of drugs, or a combination of drugs, is deter19 mined to be— 

20 ‘‘(i) not subject to section 503(b)(1); 

21 and 

22 ‘‘(ii) generally recognized as safe and 

23 effective under section 201(p)(1). 

24 ‘‘(B) EFFECT.—A drug or combination of 

25 drugs shall be deemed to not require approval 
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1 under section 505 if such drug or combination of 

2 drugs— 

3 ‘‘(i) is determined by the Secretary to 

4 meet the conditions specified in clauses (i) 

5 and (ii) of subparagraph (A); 

6 ‘‘(ii) is marketed in conformity with 

7 an administrative order under this sub8 section; 

9 ‘‘(iii) meets the general requirements 

10 for nonprescription drugs; and 

11 ‘‘(iv) meets the requirements under 

12 subsections (c) and (k). 

13 ‘‘(C) STANDARD.—The Secretary shall find 

14 that a drug is not generally recognized as safe 

15 and effective under section 201(p)(1) if— 

16 ‘‘(i) the evidence shows that the drug is 

17 not generally recognized as safe and effective 

18 under section 201(p)(1); or 

19 ‘‘(ii) the evidence is inadequate to show 

20 that the drug is generally recognized as safe 

21 and effective under section 201(p)(1). 

22 ‘‘(2) ADMINISTRATIVE ORDERS INITIATED BY

23 THE SECRETARY.— 
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1 ‘‘(A) IN GENERAL.—In issuing an adminis2 trative order under paragraph (1) upon the Sec3 retary’s initiative, the Secretary shall— 

4 ‘‘(i) make reasonable efforts to notify 

5 informally, not later than 2 business days 

6 before the issuance of the proposed order, the 

7 sponsors of drugs who have a listing in ef8 fect under section 510(j) for the drugs or 

9 combination of drugs that will be subject to 

10 the administrative order; 

11 ‘‘(ii) after any such reasonable efforts 

12 of notification— 

13 ‘‘(I) issue a proposed administra14 tive order by publishing it on the 

15 website of the Food and Drug Adminis16 tration and include in such order the 

17 reasons for the issuance of such order; 

18 and 

19 ‘‘(II) publish a notice of avail20 ability of such proposed order in the 

21 Federal Register; 

22 ‘‘(iii) except as provided in subpara23 graph (B), provide for a public comment 

24 period with respect to such proposed order 

25 of not less than 45 calendar days; and 
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1 ‘‘(iv) if, after completion of the pro2 ceedings specified in clauses (i) through 

3 (iii), the Secretary determines that it is ap4 propriate to issue a final administrative 

5 order— 

6 ‘‘(I) issue the final administrative 

7 order, together with a detailed state8 ment of reasons, which order shall not 

9 take effect until the time for requesting 

10 judicial review under paragraph 

11 (3)(D)(ii) has expired; 

12 ‘‘(II) publish a notice of such 

13 final administrative order in the Fed14 eral Register; 

15 ‘‘(III) afford requestors of drugs 

16 that will be subject to such order the 

17 opportunity for formal dispute resolu18 tion up to the level of the Director of 

19 the Center for Drug Evaluation and 

20 Research, which initially must be re21 quested within 45 calendar days of the 

22 issuance of the order, and, for subse23 quent levels of appeal, within 30 cal24 endar days of the prior decision; and 
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1 ‘‘(IV) except with respect to drugs 

2 described in paragraph (3)(B), upon 

3 completion of the formal dispute reso4 lution procedure, inform the persons 

5 which sought such dispute resolution of 

6 their right to request a hearing. 

7 ‘‘(B) EXCEPTIONS.—When issuing an ad8 ministrative order under paragraph (1) on the 

9 Secretary’s initiative proposing to determine 

10 that a drug described in subsection (a)(3) is not 

11 generally recognized as safe and effective under 

12 section 201(p)(1), the Secretary shall follow the 

13 procedures in subparagraph (A), except that— 

14 ‘‘(i) the proposed order shall include 

15 notice of— 

16 ‘‘(I) the general categories of data 

17 the Secretary has determined necessary 

18 to establish that the drug is generally 

19 recognized as safe and effective under 

20 section 201(p)(1); and 

21 ‘‘(II) the format for submissions 

22 by interested persons; 

23 ‘‘(ii) the Secretary shall provide for a 

24 public comment period of no less than 180 

25 calendar days with respect to such proposed 
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1 order, except when the Secretary determines, 

2 for good cause, that a shorter period is in 

3 the interest of public health; and 

4 ‘‘(iii) any person who submits data in 

5 such comment period shall include a certifi6 cation that the person has submitted all evi7 dence created, obtained, or received by that 

8 person that is both within the categories of 

9 data identified in the proposed order and 

10 relevant to a determination as to whether 

11 the drug is generally recognized as safe and 

12 effective under section 201(p)(1). 

13 ‘‘(3) HEARINGS; JUDICIAL REVIEW.— 

14 ‘‘(A) IN GENERAL.—Only a person who 

15 participated in each stage of formal dispute reso16 lution under subclause (III) of paragraph 

17 (2)(A)(iv) of an administrative order with re18 spect to a drug may request a hearing con19 cerning a final administrative order issued 

20 under such paragraph with respect to such drug. 

21 If a hearing is sought, such person must submit 

22 a request for a hearing, which shall be based sole23 ly on information in the administrative record, 

24 to the Secretary not later than 30 calendar days 
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1 after receiving notice of the final decision of the 

2 formal dispute resolution procedure. 

3 ‘‘(B) NO HEARING REQUIRED WITH RE4 SPECT TO ORDERS RELATING TO CERTAIN

5 DRUGS.— 

6 ‘‘(i) IN GENERAL.—The Secretary shall 

7 not be required to provide notice and an op8 portunity for a hearing pursuant to para9 graph (2)(A)(iv) if the final administrative 

10 order involved relates to a drug— 

11 ‘‘(I) that is described in subsection 

12 (a)(3)(A); and 

13 ‘‘(II) with respect to which no 

14 human or non-human data studies rel15 evant to the safety or effectiveness of 

16 such drug have been submitted to the 

17 administrative record since the 

18 issuance of the most recent tentative 

19 final monograph relating to such drug. 

20 ‘‘(ii) HUMAN DATA STUDIES AND NON21 HUMAN DATA DEFINED.—In this subpara22 graph: 

23 ‘‘(I) The term ‘human data stud24 ies’ means clinical trials of safety or 

25 effectiveness (including actual use stud-
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1 ies), pharmacokinetics studies, or bio2 availability studies. 

3 ‘‘(II) The term ‘non-human data’ 

4 means data from testing other than 

5 with human subjects which provides 

6 information concerning safety or effec7 tiveness. 

8 ‘‘(C) HEARING PROCEDURES.— 

9 ‘‘(i) DENIAL OF REQUEST FOR HEAR10 ING.—If the Secretary determines that in11 formation submitted in a request for a hear12 ing under subparagraph (A) with respect to 

13 a final administrative order issued under 

14 paragraph (2)(A)(iv) does not identify the 

15 existence of a genuine and substantial ques16 tion of material fact, the Secretary may 

17 deny such request. In making such a deter18 mination, the Secretary may consider only 

19 information and data that are based on rel20 evant and reliable scientific principles and 

21 methodologies. 

22 ‘‘(ii) SINGLE HEARING FOR MULTIPLE

23 RELATED REQUESTS.—If more than one re24 quest for a hearing is submitted with re25 spect to the same administrative order 
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1 under subparagraph (A), the Secretary may 

2 direct that a single hearing be conducted in 

3 which all persons whose hearing requests 

4 were granted may participate. 

5 ‘‘(iii) PRESIDING OFFICER.—The pre6 siding officer of a hearing requested under 

7 subparagraph (A) shall— 

8 ‘‘(I) be designated by the Sec9 retary; 

10 ‘‘(II) not be an employee of the 

11 Center for Drug Evaluation and Re12 search; and 

13 ‘‘(III) not have been previously 

14 involved in the development of the ad15 ministrative order involved or pro16 ceedings relating to that administra17 tive order. 

18 ‘‘(iv) RIGHTS OF PARTIES TO HEAR19 ING.—The parties to a hearing requested 

20 under subparagraph (A) shall have the right 

21 to present testimony, including testimony of 

22 expert witnesses, and to cross-examine wit23 nesses presented by other parties. Where ap24 propriate, the presiding officer may require 

25 that cross-examination by parties rep-
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1 resenting substantially the same interests be 

2 consolidated to promote efficiency and avoid 

3 duplication. 

4 ‘‘(v) FINAL DECISION.— 

5 ‘‘(I) At the conclusion of a hear6 ing requested under subparagraph (A), 

7 the presiding officer of the hearing 

8 shall issue a decision containing find9 ings of fact and conclusions of law. The 

10 decision of the presiding officer shall be 

11 final. 

12 ‘‘(II) The final decision may not 

13 take effect until the period under sub14 paragraph (D)(ii) for submitting a re15 quest for judicial review of such deci16 sion expires. 

17 ‘‘(D) JUDICIAL REVIEW OF FINAL ADMINIS18 TRATIVE ORDER.— 

19 ‘‘(i) IN GENERAL.—The procedures de20 scribed in section 505(h) shall apply with 

21 respect to judicial review of final adminis22 trative orders issued under this subsection 

23 in the same manner and to the same extent 

24 as such section applies to an order described 

25 in such section except that the judicial re-
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1 view shall be taken by filing in an appro2 priate district court of the United States in 

3 lieu of the appellate courts specified in such 

4 section. 

5 ‘‘(ii) PERIOD TO SUBMIT A REQUEST

6 FOR JUDICIAL REVIEW.—A person eligible 

7 to request a hearing under this paragraph 

8 and seeking judicial review of a final ad9 ministrative order issued under this sub10 section shall file such request for judicial re11 view not later than 60 calendar days after 

12 the latest of— 

13 ‘‘(I) the date on which notice of 

14 such order is published; 

15 ‘‘(II) the date on which a hearing 

16 with respect to such order is denied 

17 under subparagraph (B) or (C)(i); 

18 ‘‘(III) the date on which a final 

19 decision is made following a hearing 

20 under subparagraph (C)(v); or 

21 ‘‘(IV) if no hearing is requested, 

22 the date on which the time for request23 ing a hearing expires. 
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1 ‘‘(4) EXPEDITED PROCEDURE WITH RESPECT TO

2 ADMINISTRATIVE ORDERS INITIATED BY THE SEC3 RETARY.— 

4 ‘‘(A) IMMINENT HAZARD TO THE PUBLIC

5 HEALTH.— 

6 ‘‘(i) IN GENERAL.—In the case of a de7 termination by the Secretary that a drug, 

8 class of drugs, or combination of drugs sub9 ject to this section poses an imminent haz10 ard to the public health, the Secretary, after 

11 first making reasonable efforts to notify, not 

12 later than 48 hours before issuance of such 

13 order under this subparagraph, sponsors 

14 who have a listing in effect under section 

15 510(j) for such drug or combination of 

16 drugs— 

17 ‘‘(I) may issue an interim final 

18 administrative order for such drug, 

19 class of drugs, or combination of drugs 

20 under paragraph (1), together with a 

21 detailed statement of the reasons for 

22 such order; 

23 ‘‘(II) shall publish in the Federal 

24 Register a notice of availability of any 

25 such order; and 
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1 ‘‘(III) shall provide for a public 

2 comment period of at least 45 calendar 

3 days with respect to such interim final 

4 order. 

5 ‘‘(ii) NONDELEGATION.—The Secretary 

6 may not delegate the authority to issue an 

7 interim final administrative order under 

8 this subparagraph. 

9 ‘‘(B) SAFETY LABELING CHANGES.— 

10 ‘‘(i) IN GENERAL.—In the case of a de11 termination by the Secretary that a change 

12 in the labeling of a drug, class of drugs, or 

13 combination of drugs subject to this section 

14 is reasonably expected to mitigate a signifi15 cant or unreasonable risk of a serious ad16 verse event associated with use of the drug, 

17 the Secretary may— 

18 ‘‘(I) make reasonable efforts to no19 tify informally, not later than 48 hours 

20 before the issuance of the interim final 

21 order, the sponsors of drugs who have 

22 a listing in effect under section 510(j) 

23 for such drug or combination of drugs; 

24 ‘‘(II) after reasonable efforts of no25 tification, issue an interim final ad-
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1 ministrative order in accordance with 

2 paragraph (1) to require such change, 

3 together with a detailed statement of 

4 the reasons for such order; 

5 ‘‘(III) publish in the Federal Reg6 ister a notice of availability of such 

7 order; and 

8 ‘‘(IV) provide for a public com9 ment period of at least 45 calendar 

10 days with respect to such interim final 

11 order. 

12 ‘‘(ii) CONTENT OF ORDER.—An in13 terim final order issued under this subpara14 graph with respect to the labeling of a drug 

15 may provide for new warnings and other 

16 information required for safe use of the 

17 drug. 

18 ‘‘(C) EFFECTIVE DATE.—An order under 

19 subparagraph (A) or (B) shall take effect on a 

20 date specified by the Secretary. 

21 ‘‘(D) FINAL ORDER.—After the completion 

22 of the proceedings in subparagraph (A) or (B), 

23 the Secretary shall— 

24 ‘‘(i) issue a final order in accordance 

25 with paragraph (1); 
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1 ‘‘(ii) publish a notice of availability of 

2 such final administrative order in the Fed3 eral Register; and 

4 ‘‘(iii) afford sponsors of such drugs 

5 that will be subject to such an order the op6 portunity for formal dispute resolution up 

7 to the level of the Director of the Center for 

8 Drug Evaluation and Research, which must 

9 initially be within 45 calendar days of the 

10 issuance of the order, and for subsequent 

11 levels of appeal, within 30 calendar days of 

12 the prior decision. 

13 ‘‘(E) HEARINGS.—A sponsor of a drug sub14 ject to a final order issued under subparagraph 

15 (D) and that participated in each stage of for16 mal dispute resolution under clause (iii) of such 

17 subparagraph may request a hearing on such 

18 order. The provisions of subparagraphs (A), (B), 

19 and (C) of paragraph (3), other than paragraph 

20 (3)(C)(v)(II), shall apply with respect to a hear21 ing on such order in the same manner and to the 

22 same extent as such provisions apply with re23 spect to a hearing on an administrative order 

24 issued under paragraph (2)(A)(iv). 

25 ‘‘(F) TIMING.— 
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1 ‘‘(i) FINAL ORDER AND HEARING.—The 

2 Secretary shall— 

3 ‘‘(I) not later than 6 months after 

4 the date on which the comment period 

5 closes under subparagraph (A) or (B), 

6 issue a final order in accordance with 

7 paragraph (1); and 

8 ‘‘(II) not later than 12 months 

9 after the date on which such final 

10 order is issued, complete any hearing 

11 under subparagraph (E). 

12 ‘‘(ii) DISPUTE RESOLUTION RE13 QUEST.—The Secretary shall specify in an 

14 interim final order issued under subpara15 graph (A) or (B) such shorter periods for 

16 requesting dispute resolution under sub17 paragraph (D)(iii) as are necessary to meet 

18 the requirements of this subparagraph. 

19 ‘‘(G) JUDICIAL REVIEW.—A final order 

20 issued pursuant to subparagraph (F) shall be 

21 subject to judicial review in accordance with 

22 paragraph (3)(D). 

23 ‘‘(5) ADMINISTRATIVE ORDER INITIATED AT THE

24 REQUEST OF A REQUESTOR.— 
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1 ‘‘(A) IN GENERAL.—In issuing an adminis2 trative order under paragraph (1) at the request 

3 of a requestor with respect to certain drugs, 

4 classes of drugs, or combinations of drugs— 

5 ‘‘(i) the Secretary shall, after receiving 

6 a request under this subparagraph, deter7 mine whether the request is sufficiently 

8 complete and formatted to permit a sub9 stantive review; 

10 ‘‘(ii) if the Secretary determines that 

11 the request is sufficiently complete and for12 matted to permit a substantive review, the 

13 Secretary shall— 

14 ‘‘(I) file the request; and 

15 ‘‘(II) initiate proceedings with re16 spect to issuing an administrative 

17 order in accordance with paragraphs 

18 (2) and (3); and 

19 ‘‘(iii) except as provided in paragraph 

20 (6), if the Secretary determines that a re21 quest does not meet the requirements for fil22 ing or is not sufficiently complete and for23 matted to permit a substantive review, the 

24 requestor may demand that the request be 

25 filed over protest, and the Secretary shall 
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1 initiate proceedings to review the request in 

2 accordance with paragraph (2)(A). 

3 ‘‘(B) REQUEST TO INITIATE PRO4 CEEDINGS.— 

5 ‘‘(i) IN GENERAL.—A requestor seeking 

6 an administrative order under paragraph 

7 (1) with respect to certain drugs, classes of 

8 drugs, or combinations of drugs, shall sub9 mit to the Secretary a request to initiate 

10 proceedings for such order in the form and 

11 manner as specified by the Secretary. Such 

12 requestor may submit a request under this 

13 subparagraph for the issuance of an admin14 istrative order— 

15 ‘‘(I) determining whether a drug 

16 is generally recognized as safe and ef17 fective under section 201(p)(1), exempt 

18 from section 503(b)(1), and not re19 quired to be the subject of an approved 

20 application under section 505; or 

21 ‘‘(II) determining whether a 

22 change to a condition of use of a drug 

23 is generally recognized as safe and ef24 fective under section 201(p)(1), exempt 

25 from section 503(b)(1), and not re-
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1 quired to be the subject of an approved 

2 application under section 505, if, ab3 sent such a changed condition of use, 

4 such drug is— 

5 ‘‘(aa) generally recognized as 

6 safe and effective under section 

7 201(p)(1) in accordance with sub8 section (a)(1), (a)(2), or an order 

9 under this subsection; or 

10 ‘‘(bb) subject to subsection 

11 (a)(3), but only if such requestor 

12 initiates such request in conjunc13 tion with a request for the Sec14 retary to determine whether such 

15 drug is generally recognized as 

16 safe and effective under section 

17 201(p)(1), which is filed by the 

18 Secretary under subparagraph 

19 (A)(ii). 

20 ‘‘(ii) EXCEPTION.—The Secretary is 

21 not required to complete review of a request 

22 for a change described in clause (i)(II) if 

23 the Secretary determines that there is an 

24 inadequate basis to find the drug is gen25 erally recognized as safe and effective under 
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1 section 201(p)(1) under paragraph (1) and 

2 issues a final order announcing that deter3 mination. 

4 ‘‘(iii) WITHDRAWAL.—The requestor 

5 may withdraw a request under this para6 graph, according to the procedures set forth 

7 pursuant to subsection (d)(2)(B). Notwith8 standing any other provision of this section, 

9 if such request is withdrawn, the Secretary 

10 may cease proceedings under this subpara11 graph. 

12 ‘‘(C) EXCLUSIVITY.— 

13 ‘‘(i) IN GENERAL.—A final adminis14 trative order issued in response to a request 

15 under this section shall have the effect of au16 thorizing solely the order requestor (or the 

17 licensees, assignees, or successors in interest 

18 of such requestor with respect to the subject 

19 of such order), for a period of 18 months 

20 following the effective date of such final 

21 order and beginning on the date the re22 questor may lawfully market such drugs 

23 pursuant to the order, to market drugs— 

24 ‘‘(I) incorporating changes de25 scribed in clause (ii); and 
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1 ‘‘(II) subject to the limitations 

2 under clause (iv). 

3 ‘‘(ii) CHANGES DESCRIBED.—A change 

4 described in this clause is a change subject 

5 to an order specified in clause (i), which— 

6 ‘‘(I) provides for a drug to con7 tain an active ingredient (including 

8 any ester or salt of the active ingre9 dient) not previously incorporated in a 

10 drug described in clause (iii); or 

11 ‘‘(II) provides for a change in the 

12 conditions of use of a drug, for which 

13 new human data studies conducted or 

14 sponsored by the requestor (or for 

15 which the requestor has an exclusive 

16 right of reference) were essential to the 

17 issuance of such order. 

18 ‘‘(iii) DRUGS DESCRIBED.—The drugs 

19 described in this clause are drugs— 

20 ‘‘(I) specified in subsection (a)(1), 

21 (a)(2), or (a)(3); 

22 ‘‘(II) subject to a final order 

23 issued under this section; 
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1 ‘‘(III) subject to a final sunscreen 

2 order (as defined in section 586(2)(A)); 

3 or 

4 ‘‘(IV) described in subsection 

5 (m)(1), other than drugs subject to an 

6 active enforcement action under chap7 ter III of this Act. 

8 ‘‘(iv) LIMITATIONS ON EXCLUSIVITY.— 

9 ‘‘(I) IN GENERAL.—Only one 18- 

10 month period under this subparagraph 

11 shall be granted, under each order de12 scribed in clause (i), with respect to 

13 changes (to the drug subject to such 

14 order) which are either— 

15 ‘‘(aa) changes described in 

16 clause (ii)(I), relating to active 

17 ingredients; or 

18 ‘‘(bb) changes described in 

19 clause (ii)(II), relating to condi20 tions of use. 

21 ‘‘(II) NO EXCLUSIVITY AL22 LOWED.—No exclusivity shall apply to 

23 changes to a drug which are— 
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1 ‘‘(aa) the subject of a Tier 2 

2 OTC monograph order request (as 

3 defined in section 744L); 

4 ‘‘(bb) safety-related changes, 

5 as defined by the Secretary, or 

6 any other changes the Secretary 

7 considers necessary to assure safe 

8 use; or 

9 ‘‘(cc) changes related to 

10 methods of testing safety or effi11 cacy. 

12 ‘‘(v) NEW HUMAN DATA STUDIES DE13 FINED.—In this subparagraph, the term 

14 ‘new human data studies’ means clinical 

15 trials of safety or effectiveness (including 

16 actual use studies), pharmacokinetics stud17 ies, or bioavailability studies, the results of 

18 which— 

19 ‘‘(I) have not been relied on by the 

20 Secretary to support— 

21 ‘‘(aa) a proposed or final de22 termination that a drug described 

23 in subclause (I), (II), or (III) of 

24 clause (iii) is generally recognized 
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1 as safe and effective under section 

2 201(p)(1); or 

3 ‘‘(bb) approval of a drug that 

4 was approved under section 505; 

5 and 

6 ‘‘(II) do not duplicate the results 

7 of another study that was relied on by 

8 the Secretary to support— 

9 ‘‘(aa) a proposed or final de10 termination that a drug described 

11 in subclause (I), (II), or (III) of 

12 clause (iii) is generally recognized 

13 as safe and effective under section 

14 201(p)(1); or 

15 ‘‘(bb) approval of a drug that 

16 was approved under section 505. 

17 ‘‘(vi) NOTIFICATION OF DRUG NOT

18 AVAILABLE FOR SALE.—A requestor that is 

19 granted exclusivity with respect to a drug 

20 under this subparagraph shall notify the 

21 Secretary in writing within 1 year of the 

22 issuance of the final administrative order if 

23 the drug that is the subject of such order 

24 will not be available for sale within 1 year 
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1 of the date of issuance of such order. The re2 questor shall include with such notice the— 

3 ‘‘(I) identity of the drug by estab4 lished name and by proprietary name, 

5 if any; 

6 ‘‘(II) strength of the drug; 

7 ‘‘(III) date on which the drug will 

8 be available for sale, if known; and 

9 ‘‘(IV) reason for not marketing 

10 the drug after issuance of the order. 

11 ‘‘(6) INFORMATION REGARDING SAFE NON12 PRESCRIPTION MARKETING AND USE AS CONDITION

13 FOR FILING A GENERALLY RECOGNIZED AS SAFE AND

14 EFFECTIVE REQUEST.— 

15 ‘‘(A) IN GENERAL.—In response to a request 

16 under this section that a drug described in sub17 paragraph (B) be generally recognized as safe 

18 and effective, the Secretary— 

19 ‘‘(i) may file such request, if the re20 quest includes information specified under 

21 subparagraph (C) with respect to safe non22 prescription marketing and use of such 

23 drug; or 

24 ‘‘(ii) if the request fails to include in25 formation specified under subparagraph 
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1 (C), shall refuse to file such request and re2 quire that nonprescription marketing of the 

3 drug be pursuant to a new drug application 

4 as described in subparagraph (D). 

5 ‘‘(B) DRUG DESCRIBED.—A drug described 

6 in this subparagraph is a nonprescription drug 

7 which contains an active ingredient not pre8 viously incorporated in a drug— 

9 ‘‘(i) specified in subsection (a)(1), 

10 (a)(2), or (a)(3); 

11 ‘‘(ii) subject to a final order under this 

12 section; or 

13 ‘‘(iii) subject to a final sunscreen order 

14 (as defined in section 586(2)(A)). 

15 ‘‘(C) INFORMATION DEMONSTRATING PRIMA

16 FACIE SAFE NONPRESCRIPTION MARKETING AND

17 USE.—Information specified in this subpara18 graph, with respect to a request described in sub19 paragraph (A)(i), is— 

20 ‘‘(i) information sufficient for a prima 

21 facie demonstration that the drug subject to 

22 such request has a verifiable history of being 

23 marketed and safely used by consumers in 

24 the United States as a nonprescription drug 

25 under comparable conditions of use; 
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† HR 748 EAS 

1 ‘‘(ii) if the drug has not been pre2 viously marketed in the United States as a 

3 nonprescription drug, information sufficient 

4 for a prima facie demonstration that the 

5 drug was marketed and safely used under 

6 comparable conditions of marketing and use 

7 in a country listed in section 802(b)(1)(A) 

8 or designated by the Secretary in accord9 ance with section 802(b)(1)(B)— 

10 ‘‘(I) for such period as needed to 

11 provide reasonable assurances con12 cerning the safe nonprescription use of 

13 the drug; and 

14 ‘‘(II) during such time was sub15 ject to sufficient monitoring by a regu16 latory body considered acceptable by 

17 the Secretary for such monitoring pur18 poses, including for adverse events as19 sociated with nonprescription use of 

20 the drug; or 

21 ‘‘(iii) if the Secretary determines that 

22 information described in clause (i) or (ii) is 

23 not needed to provide a prima facie dem24 onstration that the drug can be safely mar25 keted and used as a nonprescription drug, 
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† HR 748 EAS 

1 such other information the Secretary deter2 mines is sufficient for such purposes. 

3 ‘‘(D) MARKETING PURSUANT TO NEW DRUG

4 APPLICATION.—In the case of a request described 

5 in subparagraph (A)(ii), the drug subject to such 

6 request may be resubmitted for filing only if— 

7 ‘‘(i) the drug is marketed as a non8 prescription drug, under conditions of use 

9 comparable to the conditions specified in 

10 the request, for such period as the Secretary 

11 determines appropriate (not to exceed 5 

12 consecutive years) pursuant to an applica13 tion approved under section 505; and 

14 ‘‘(ii) during such period, 1,000,000 re15 tail packages of the drug, or an equivalent 

16 quantity as determined by the Secretary, 

17 were distributed for retail sale, as deter18 mined in such manner as the Secretary 

19 finds appropriate. 

20 ‘‘(E) RULE OF APPLICATION.—Except in 

21 the case of a request involving a drug described 

22 in section 586(9), as in effect on January 1, 

23 2017, if the Secretary refuses to file a request 

24 under this paragraph, the requestor may not file 
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† HR 748 EAS 

1 such request over protest under paragraph 

2 (5)(A)(iii). 

3 ‘‘(7) PACKAGING.—An administrative order 

4 issued under paragraph (2), (4)(A), or (5) may in5 clude requirements for the packaging of a drug to en6 courage use in accordance with labeling. Such re7 quirements may include unit dose packaging, require8 ments for products intended for use by pediatric pop9 ulations, requirements to reduce risk of harm from 

10 unsupervised ingestion, and other appropriate re11 quirements. This paragraph does not authorize the 

12 Food and Drug Administration to require standards 

13 or testing procedures as described in part 1700 of title 

14 16, Code of Federal Regulations. 

15 ‘‘(8) FINAL AND TENTATIVE FINAL MONOGRAPHS

16 FOR CATEGORY I DRUGS DEEMED FINAL ADMINISTRA17 TIVE ORDERS.— 

18 ‘‘(A) IN GENERAL.—A final monograph or 

19 tentative final monograph described in subpara20 graph (B) shall be deemed to be a final adminis21 trative order under this subsection and may be 

22 amended, revoked, or otherwise modified in ac23 cordance with the procedures of this subsection. 

24 ‘‘(B) MONOGRAPHS DESCRIBED.—For pur25 poses of subparagraph (A), a final monograph or 
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1 tentative final monograph is described in this 

2 subparagraph if it— 

3 ‘‘(i) establishes conditions of use for a 

4 drug described in paragraph (1) or (2) of 

5 subsection (a); and 

6 ‘‘(ii) represents the most recently pro7 mulgated version of such conditions, includ8 ing as modified, in whole or in part, by 

9 any proposed or final rule. 

10 ‘‘(C) DEEMED ORDERS INCLUDE HARMO11 NIZING TECHNICAL AMENDMENTS.—The deemed 

12 establishment of a final administrative order 

13 under subparagraph (A) shall be construed to in14 clude any technical amendments to such order as 

15 the Secretary determines necessary to ensure that 

16 such order is appropriately harmonized, in 

17 terms of terminology or cross-references, with the 

18 applicable provisions of this Act (and regulations 

19 thereunder) and any other orders issued under 

20 this section. 

21 ‘‘(c) PROCEDURE FOR MINOR CHANGES.— 

22 ‘‘(1) IN GENERAL.—Minor changes in the dosage 

23 form of a drug that is described in paragraph (1) or 

24 (2) of subsection (a) or the subject of an order issued 

25 under subsection (b) may be made by a requestor 
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1 without the issuance of an order under subsection (b) 

2 if— 

3 ‘‘(A) the requestor maintains such informa4 tion as is necessary to demonstrate that the 

5 change— 

6 ‘‘(i) will not affect the safety or effec7 tiveness of the drug; and 

8 ‘‘(ii) will not materially affect the ex9 tent of absorption or other exposure to the 

10 active ingredient in comparison to a suit11 able reference product; and 

12 ‘‘(B) the change is in conformity with the 

13 requirements of an applicable administrative 

14 order issued by the Secretary under paragraph 

15 (3). 

16 ‘‘(2) ADDITIONAL INFORMATION.— 

17 ‘‘(A) ACCESS TO RECORDS.—A sponsor 

18 shall submit records requested by the Secretary 

19 relating to such a minor change under section 

20 704(a)(4), within 15 business days of receiving 

21 such a request, or such longer period as the Sec22 retary may provide. 

23 ‘‘(B) INSUFFICIENT INFORMATION.—If the 

24 Secretary determines that the information con25 tained in such records is not sufficient to dem-
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1 onstrate that the change does not affect the safety 

2 or effectiveness of the drug or materially affect 

3 the extent of absorption or other exposure to the 

4 active ingredient, the Secretary— 

5 ‘‘(i) may so inform the sponsor of the 

6 drug in writing; and 

7 ‘‘(ii) if the Secretary so informs the 

8 sponsor, shall provide the sponsor of the 

9 drug with a reasonable opportunity to pro10 vide additional information. 

11 ‘‘(C) FAILURE TO SUBMIT SUFFICIENT IN12 FORMATION.—If the sponsor fails to provide such 

13 additional information within a time prescribed 

14 by the Secretary, or if the Secretary determines 

15 that such additional information does not dem16 onstrate that the change does not— 

17 ‘‘(i) affect the safety or effectiveness of 

18 the drug; or 

19 ‘‘(ii) materially affect the extent of ab20 sorption or other exposure to the active in21 gredient in comparison to a suitable ref22 erence product, 

23 the drug as modified is a new drug under section 

24 201(p) and shall be deemed to be misbranded 

25 under section 502(ee). 
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1 ‘‘(3) DETERMINING WHETHER A CHANGE WILL

2 AFFECT SAFETY OR EFFECTIVENESS.— 

3 ‘‘(A) IN GENERAL.—The Secretary shall 

4 issue one or more administrative orders speci5 fying requirements for determining whether a 

6 minor change made by a sponsor pursuant to 

7 this subsection will affect the safety or effective8 ness of a drug or materially affect the extent of 

9 absorption or other exposure to an active ingre10 dient in the drug in comparison to a suitable 

11 reference product, together with guidance for ap12 plying those orders to specific dosage forms. 

13 ‘‘(B) STANDARD PRACTICES.—The orders 

14 and guidance issued by the Secretary under sub15 paragraph (A) shall take into account relevant 

16 public standards and standard practices for 

17 evaluating the quality of drugs, and may take 

18 into account the special needs of populations, in19 cluding children. 

20 ‘‘(d) CONFIDENTIALITY OF INFORMATION SUBMITTED

21 TO THE SECRETARY.— 

22 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

23 any information, including reports of testing con24 ducted on the drug or drugs involved, that is sub25 mitted by a requestor in connection with proceedings 
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1 on an order under this section (including any minor 

2 change under subsection (c)) and is a trade secret or 

3 confidential information subject to section 552(b)(4) 

4 of title 5, United States Code, or section 1905 of title 

5 18, United States Code, shall not be disclosed to the 

6 public unless the requestor consents to that disclosure. 

7 ‘‘(2) PUBLIC AVAILABILITY.— 

8 ‘‘(A) IN GENERAL.—Except as provided in 

9 subparagraph (B), the Secretary shall— 

10 ‘‘(i) make any information submitted 

11 by a requestor in support of a request under 

12 subsection (b)(5)(A) available to the public 

13 not later than the date on which the pro14 posed order is issued; and 

15 ‘‘(ii) make any information submitted 

16 by any other person with respect to an 

17 order requested (or initiated by the Sec18 retary) under subsection (b), available to 

19 the public upon such submission. 

20 ‘‘(B) LIMITATIONS ON PUBLIC AVAIL21 ABILITY.—Information described in subpara22 graph (A) shall not be made public if— 

23 ‘‘(i) the information pertains to phar24 maceutical quality information, unless such 

25 information is necessary to establish stand-
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1 ards under which a drug is generally recog2 nized as safe and effective under section 

3 201(p)(1); 

4 ‘‘(ii) the information is submitted in a 

5 requestor-initiated request, but the requestor 

6 withdraws such request, in accordance with 

7 withdrawal procedures established by the 

8 Secretary, before the Secretary issues the 

9 proposed order; 

10 ‘‘(iii) the Secretary requests and ob11 tains the information under subsection (c) 

12 and such information is not submitted in 

13 relation to an order under subsection (b); or 

14 ‘‘(iv) the information is of the type 

15 contained in raw datasets. 

16 ‘‘(e) UPDATES TO DRUG LISTING INFORMATION.—A 

17 sponsor who makes a change to a drug subject to this section 

18 shall submit updated drug listing information for the drug 

19 in accordance with section 510(j) within 30 calendar days 

20 of the date when the drug is first commercially marketed, 

21 except that a sponsor who was the order requestor with re22 spect to an order subject to subsection (b)(5)(C) (or a li23 censee, assignee, or successor in interest of such requestor) 

24 shall submit updated drug listing information on or before 

25 the date when the drug is first commercially marketed. 
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1 ‘‘(f) APPROVALS UNDER SECTION 505.—The provi2 sions of this section shall not be construed to preclude a 

3 person from seeking or maintaining the approval of an ap4 plication for a drug under sections 505(b)(1), 505(b)(2), 

5 and 505(j). A determination under this section that a drug 

6 is not subject to section 503(b)(1), is generally recognized 

7 as safe and effective under section 201(p)(1), and is not 

8 a new drug under section 201(p) shall constitute a finding 

9 that the drug is safe and effective that may be relied upon 

10 for purposes of an application under section 505(b)(2), so 

11 that the applicant shall be required to submit for purposes 

12 of such application only information needed to support any 

13 modification of the drug that is not covered by such deter14 mination under this section. 

15 ‘‘(g) PUBLIC AVAILABILITY OF ADMINISTRATIVE OR16 DERS.—The Secretary shall establish, maintain, update (as 

17 determined necessary by the Secretary but no less frequently 

18 than annually), and make publicly available, with respect 

19 to orders issued under this section— 

20 ‘‘(1) a repository of each final order and interim 

21 final order in effect, including the complete text of the 

22 order; and 

23 ‘‘(2) a listing of all orders proposed and under 

24 development under subsection (b)(2), including— 
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1 ‘‘(A) a brief description of each such order; 

2 and 

3 ‘‘(B) the Secretary’s expectations, if re4 sources permit, for issuance of proposed orders 

5 over a 3-year period. 

6 ‘‘(h) DEVELOPMENT ADVICE TO SPONSORS OR RE7 QUESTORS.—The Secretary shall establish procedures under 

8 which sponsors or requestors may meet with appropriate 

9 officials of the Food and Drug Administration to obtain 

10 advice on the studies and other information necessary to 

11 support submissions under this section and other matters 

12 relevant to the regulation of nonprescription drugs and the 

13 development of new nonprescription drugs under this sec14 tion. 

15 ‘‘(i) PARTICIPATION OF MULTIPLE SPONSORS OR RE16 QUESTORS.—The Secretary shall establish procedures to fa17 cilitate efficient participation by multiple sponsors or re18 questors in proceedings under this section, including provi19 sion for joint meetings with multiple sponsors or requestors 

20 or with organizations nominated by sponsors or requestors 

21 to represent their interests in a proceeding. 

22 ‘‘(j) ELECTRONIC FORMAT.—All submissions under 

23 this section shall be in electronic format. 

24 ‘‘(k) EFFECT ON EXISTING REGULATIONS GOVERNING

25 NONPRESCRIPTION DRUGS.— 
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1 ‘‘(1) REGULATIONS OF GENERAL APPLICABILITY

2 TO NONPRESCRIPTION DRUGS.—Except as provided in 

3 this subsection, nothing in this section supersedes reg4 ulations establishing general requirements for non5 prescription drugs, including regulations of general 

6 applicability contained in parts 201, 250, and 330 of 

7 title 21, Code of Federal Regulations, or any successor 

8 regulations. The Secretary shall establish or modify 

9 such regulations by means of rulemaking in accord10 ance with section 553 of title 5, United States Code. 

11 ‘‘(2) REGULATIONS ESTABLISHING REQUIRE12 MENTS FOR SPECIFIC NONPRESCRIPTION DRUGS.— 

13 ‘‘(A) The provisions of section 310.545 of 

14 title 21, Code of Federal Regulations, as in effect 

15 on the day before the date of the enactment of 

16 this section, shall be deemed to be a final order 

17 under subsection (b). 

18 ‘‘(B) Regulations in effect on the day before 

19 the date of the enactment of this section, estab20 lishing requirements for specific nonprescription 

21 drugs marketed pursuant to this section (includ22 ing such requirements in parts 201 and 250 of 

23 title 21, Code of Federal Regulations), shall be 

24 deemed to be final orders under subsection (b), 

25 only as they apply to drugs— 
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1 ‘‘(i) subject to paragraph (1), (2), (3), 

2 or (4) of subsection (a); or 

3 ‘‘(ii) otherwise subject to an order 

4 under this section. 

5 ‘‘(3) WITHDRAWAL OF REGULATIONS.—The Sec6 retary shall withdraw regulations establishing final 

7 monographs and the procedures governing the over8 the-counter drug review under part 330 and other rel9 evant parts of title 21, Code of Federal Regulations 

10 (as in effect on the day before the date of the enact11 ment of this section), or make technical changes to 

12 such regulations to ensure conformity with appro13 priate terminology and cross references. Notwith14 standing subchapter II of chapter 5 of title 5, United 

15 States Code, any such withdrawal or technical 

16 changes shall be made without public notice and com17 ment and shall be effective upon publication through 

18 notice in the Federal Register (or upon such date as 

19 specified in such notice). 

20 ‘‘(l) GUIDANCE.—The Secretary shall issue guidance 

21 that specifies— 

22 ‘‘(1) the procedures and principles for formal 

23 meetings between the Secretary and sponsors or re24 questors for drugs subject to this section; 
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1 ‘‘(2) the format and content of data submissions 

2 to the Secretary under this section; 

3 ‘‘(3) the format of electronic submissions to the 

4 Secretary under this section; 

5 ‘‘(4) consolidated proceedings for appeal and the 

6 procedures for such proceedings where appropriate; 

7 and 

8 ‘‘(5) for minor changes in drugs, recommenda9 tions on how to comply with the requirements in or10 ders issued under subsection (c)(3). 

11 ‘‘(m) RULE OF CONSTRUCTION.— 

12 ‘‘(1) IN GENERAL.—This section shall not affect 

13 the treatment or status of a nonprescription drug— 

14 ‘‘(A) that is marketed without an applica15 tion approved under section 505 as of the date 

16 of the enactment of this section; 

17 ‘‘(B) that is not subject to an order issued 

18 under this section; and 

19 ‘‘(C) to which paragraph (1), (2), (3), (4), 

20 or (5) of subsection (a) do not apply. 

21 ‘‘(2) TREATMENT OF PRODUCTS PREVIOUSLY

22 FOUND TO BE SUBJECT TO TIME AND EXTENT RE23 QUIREMENTS.— 

24 ‘‘(A) Notwithstanding subsection (a), a drug 

25 described in subparagraph (B) may only be law-
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1 fully marketed, without an application approved 

2 under section 505, pursuant to an order issued 

3 under this section. 

4 ‘‘(B) A drug described in this subparagraph 

5 is a drug which, prior to the date of the enact6 ment of this section, the Secretary determined in 

7 a proposed or final rule to be ineligible for re8 view under the OTC drug review (as such phrase 

9 ‘OTC drug review’ was used in section 330.14 of 

10 title 21, Code of Federal Regulations, as in effect 

11 on the day before the date of the enactment of 

12 this section). 

13 ‘‘(3) PRESERVATION OF AUTHORITY.— 

14 ‘‘(A) Nothing in paragraph (1) shall be con15 strued to preclude or limit the applicability of 

16 any provision of this Act other than this section. 

17 ‘‘(B) Nothing in subsection (a) shall be con18 strued to prohibit the Secretary from issuing an 

19 order under this section finding a drug to be not 

20 generally recognized as safe and effective under 

21 section 201(p)(1), as the Secretary determines 

22 appropriate. 

23 ‘‘(n) INVESTIGATIONAL NEW DRUGS.—A drug is not 

24 subject to this section if an exemption for investigational 

25 use under section 505(i) is in effect for such drug. 
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1 ‘‘(o) INAPPLICABILITY OF PAPERWORK REDUCTION

2 ACT.—Chapter 35 of title 44, United States Code, shall not 

3 apply to collections of information made under this section. 

4 ‘‘(p) INAPPLICABILITY OF NOTICE AND COMMENT

5 RULEMAKING AND OTHER REQUIREMENTS.—The require6 ments of subsection (b) shall apply with respect to orders 

7 issued under this section instead of the requirements of sub8 chapter II of chapter 5 of title 5, United States Code. 

9 ‘‘(q) DEFINITIONS.—In this section: 

10 ‘‘(1) The term ‘nonprescription drug’ refers to a 

11 drug not subject to the requirements of section 

12 503(b)(1). 

13 ‘‘(2) The term ‘sponsor’ refers to any person 

14 marketing, manufacturing, or processing a drug 

15 that— 

16 ‘‘(A) is listed pursuant to section 510(j); 

17 and 

18 ‘‘(B) is or will be subject to an administra19 tive order under this section of the Food and 

20 Drug Administration. 

21 ‘‘(3) The term ‘requestor’ refers to any person or 

22 group of persons marketing, manufacturing, proc23 essing, or developing a drug.’’. 

24 (b) GAO STUDY.—Not later than 4 years after the date 

25 of enactment of this Act, the Comptroller General of the 
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1 United States shall submit a study to the Committee on 

2 Energy and Commerce of the House of Representatives and 

3 the Committee on Health, Education, Labor, and Pensions 

4 of the Senate addressing the effectiveness and overall impact 

5 of exclusivity under section 505G of the Federal Food, Drug, 

6 and Cosmetic Act, as added by subsection (a), and section 

7 586C of such Act (21 U.S.C. 360fff–3), including the impact 

8 of such exclusivity on consumer access. Such study shall in9 clude— 

10 (1) an analysis of the impact of exclusivity 

11 under such section 505G for nonprescription drug 

12 products, including— 

13 (A) the number of nonprescription drug 

14 products that were granted exclusivity and the 

15 indication for which the nonprescription drug 

16 products were determined to be generally recog17 nized as safe and effective; 

18 (B) whether the exclusivity for such drug 

19 products was granted for— 

20 (i) a new active ingredient (including 

21 any ester or salt of the active ingredient); or 

22 (ii) changes in the conditions of use of 

23 a drug, for which new human data studies 

24 conducted or sponsored by the requestor 

25 were essential; 
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1 (C) whether, and to what extent, the exclu2 sivity impacted the requestor’s or sponsor’s deci3 sion to develop the drug product; 

4 (D) an analysis of the implementation of 

5 the exclusivity provision in such section 505G, 

6 including— 

7 (i) the resources used by the Food and 

8 Drug Administration; 

9 (ii) the impact of such provision on in10 novation, as well as research and develop11 ment in the nonprescription drug market; 

12 (iii) the impact of such provision on 

13 competition in the nonprescription drug 

14 market; 

15 (iv) the impact of such provision on 

16 consumer access to nonprescription drug 

17 products; 

18 (v) the impact of such provision on the 

19 prices of nonprescription drug products; 

20 and 

21 (vi) whether the administrative orders 

22 initiated by requestors under such section 

23 505G have been sufficient to encourage the 

24 development of nonprescription drug prod25 ucts that would likely not be otherwise de-
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1 veloped, or developed in as timely a man2 ner; and 

3 (E) whether the administrative orders initi4 ated by requestors under such section 505G have 

5 been sufficient incentive to encourage innovation 

6 in the nonprescription drug market; and 

7 (2) an analysis of the impact of exclusivity 

8 under such section 586C for sunscreen ingredients, in9 cluding— 

10 (A) the number of sunscreen ingredients 

11 that were granted exclusivity and the specific in12 gredient that was determined to be generally rec13 ognized as safe and effective; 

14 (B) whether, and to what extent, the exclu15 sivity impacted the requestor’s or sponsor’s deci16 sion to develop the sunscreen ingredient; 

17 (C) whether, and to what extent, the sun18 screen ingredient granted exclusivity had pre19 viously been available outside of the United 

20 States; 

21 (D) an analysis of the implementation of 

22 the exclusivity provision in such section 586C, 

23 including— 

24 (i) the resources used by the Food and 

25 Drug Administration; 
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1 (ii) the impact of such provision on in2 novation, as well as research and develop3 ment in the sunscreen market; 

4 (iii) the impact of such provision on 

5 competition in the sunscreen market; 

6 (iv) the impact of such provision on 

7 consumer access to sunscreen products; 

8 (v) the impact of such provision on the 

9 prices of sunscreen products; and 

10 (vi) whether the administrative orders 

11 initiated by requestors under such section 

12 505G have been utilized by sunscreen ingre13 dient sponsors and whether such process has 

14 been sufficient to encourage the development 

15 of sunscreen ingredients that would likely 

16 not be otherwise developed, or developed in 

17 as timely a manner; and 

18 (E) whether the administrative orders initi19 ated by requestors under such section 586C have 

20 been sufficient incentive to encourage innovation 

21 in the sunscreen market. 

22 (c) CONFORMING AMENDMENT.—Section 751(d)(1) of 

23 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

24 379r(d)(1)) is amended— 

25 (1) in the matter preceding subparagraph (A)— 
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1 (A) by striking ‘‘final regulation promul2 gated’’ and inserting ‘‘final order under section 

3 505G’’; and 

4 (B) by striking ‘‘and not misbranded’’; and 

5 (2) in subparagraph (A), by striking ‘‘regulation 

6 in effect’’ and inserting ‘‘regulation or order in ef7 fect’’. 

8 SEC. 3852. MISBRANDING. 

9 Section 502 of the Federal Food, Drug, and Cosmetic 

10 Act (21 U.S.C. 352) is amended by adding at the end the 

11 following: 

12 ‘‘(ee) If it is a nonprescription drug that is subject to 

13 section 505G, is not the subject of an application approved 

14 under section 505, and does not comply with the require15 ments under section 505G. 

16 ‘‘(ff) If it is a drug and it was manufactured, pre17 pared, propagated, compounded, or processed in a facility 

18 for which fees have not been paid as required by section 

19 744M.’’. 

20 SEC. 3853. DRUGS EXCLUDED FROM THE OVER-THE21 COUNTER DRUG REVIEW. 

22 (a) IN GENERAL.—Nothing in this Act (or the amend23 ments made by this Act) shall apply to any nonprescription 

24 drug (as defined in section 505G(q) of the Federal Food, 

25 Drug, and Cosmetic Act, as added by section 3851 of this 
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1 subtitle) which was excluded by the Food and Drug Admin2 istration from the Over-the-Counter Drug Review in accord3 ance with the paragraph numbered 25 on page 9466 of vol4 ume 37 of the Federal Register, published on May 11, 1972. 

5 (b) RULE OF CONSTRUCTION.—Nothing in this section 

6 shall be construed to preclude or limit the applicability of 

7 any other provision of the Federal Food, Drug, and Cos8 metic Act (21 U.S.C. 301 et seq.). 

9 SEC. 3854. TREATMENT OF SUNSCREEN INNOVATION ACT. 

10 (a) REVIEW OF NONPRESCRIPTION SUNSCREEN AC11 TIVE INGREDIENTS.— 

12 (1) APPLICABILITY OF SECTION 505G FOR PEND13 ING SUBMISSIONS.— 

14 (A) IN GENERAL.—A sponsor of a non15 prescription sunscreen active ingredient or com16 bination of nonprescription sunscreen active in17 gredients that, as of the date of enactment of this 

18 Act, is subject to a proposed sunscreen order 

19 under section 586C of the Federal Food, Drug, 

20 and Cosmetic Act (21 U.S.C. 360fff–3) may elect, 

21 by means of giving written notification to the 

22 Secretary of Health and Human Services within 

23 180 calendar days of the enactment of this Act, 

24 to transition into the review of such ingredient 

25 or combination of ingredients pursuant to the 
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1 process set out in section 505G of the Federal 

2 Food, Drug, and Cosmetic Act, as added by sec3 tion 3851 of this subtitle. 

4 (B) ELECTION EXERCISED.—Upon receipt 

5 by the Secretary of Health and Human Services 

6 of a timely notification under subparagraph 

7 (A)— 

8 (i) the proposed sunscreen order in9 volved is deemed to be a request for an order 

10 under subsection (b) of section 505G of the 

11 Federal Food, Drug, and Cosmetic Act, as 

12 added by section 3851 of this subtitle; and 

13 (ii) such order is deemed to have been 

14 accepted for filing under subsection 

15 (b)(6)(A)(i) of such section 505G. 

16 (C) ELECTION NOT EXERCISED.—If a noti17 fication under subparagraph (A) is not received 

18 by the Secretary of Health and Human Services 

19 within 180 calendar days of the date of enact20 ment of this Act, the review of the proposed sun21 screen order described in subparagraph (A)— 

22 (i) shall continue under section 586C 

23 of the Federal Food, Drug, and Cosmetic 

24 Act (21 U.S.C. 360fff–3); and 
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1 (ii) shall not be eligible for review 

2 under section 505G, added by section 3851 

3 of this subtitle. 

4 (2) DEFINITIONS.—In this subsection, the terms 

5 ‘‘sponsor’’, ‘‘nonprescription’’, ‘‘sunscreen active in6 gredient’’, and ‘‘proposed sunscreen order’’ have the 

7 meanings given to those terms in section 586 of the 

8 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

9 360fff). 

10 (b) AMENDMENTS TO SUNSCREEN PROVISIONS.— 

11 (1) FINAL SUNSCREEN ORDERS.—Paragraph (3) 

12 of section 586C(e) of the Federal Food, Drug, and 

13 Cosmetic Act (21 U.S.C. 360fff–3(e)) is amended to 

14 read as follows: 

15 ‘‘(3) RELATIONSHIP TO ORDERS UNDER SECTION

16 505G.—A final sunscreen order shall be deemed to be 

17 a final order under section 505G.’’. 

18 (2) MEETINGS.—Paragraph (7) of section 

19 586C(b) of the Federal Food, Drug, and Cosmetic Act 

20 (21 U.S.C. 360fff–3(b)) is amended— 

21 (A) by striking ‘‘A sponsor may request’’ 

22 and inserting the following: 

23 ‘‘(A) IN GENERAL.—A sponsor may re24 quest’’; and 

25 (B) by adding at the end the following: 
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1 ‘‘(B) CONFIDENTIAL MEETINGS.—A sponsor 

2 may request one or more confidential meetings 

3 with respect to a proposed sunscreen order, in4 cluding a letter deemed to be a proposed sun5 screen order under paragraph (3), to discuss 

6 matters relating to data requirements to support 

7 a general recognition of safety and effectiveness 

8 involving confidential information and public 

9 information related to such proposed sunscreen 

10 order, as appropriate. The Secretary shall con11 vene a confidential meeting with such sponsor in 

12 a reasonable time period. If a sponsor requests 

13 more than one confidential meeting for the same 

14 proposed sunscreen order, the Secretary may 

15 refuse to grant an additional confidential meet16 ing request if the Secretary determines that such 

17 additional confidential meeting is not reasonably 

18 necessary for the sponsor to advance its proposed 

19 sunscreen order, or if the request for a confiden20 tial meeting fails to include sufficient informa21 tion upon which to base a substantive discussion. 

22 The Secretary shall publish a post-meeting sum23 mary of each confidential meeting under this 

24 subparagraph that does not disclose confidential 

25 commercial information or trade secrets. This 
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1 subparagraph does not authorize the disclosure of 

2 confidential commercial information or trade se3 crets subject to 552(b)(4) of title 5, United States 

4 Code, or section 1905 of title 18, United States 

5 Code.’’. 

6 (3) EXCLUSIVITY.—Section 586C of the Federal 

7 Food, Drug, and Cosmetic Act (21 U.S.C. 360fff–3) is 

8 amended by adding at the end the following: 

9 ‘‘(f) EXCLUSIVITY.— 

10 ‘‘(1) IN GENERAL.—A final sunscreen order shall 

11 have the effect of authorizing solely the order requestor 

12 (or the licensees, assignees, or successors in interest of 

13 such requestor with respect to the subject of such re14 quest and listed under paragraph (5)) for a period of 

15 18 months, to market a sunscreen ingredient under 

16 this section incorporating changes described in para17 graph (2) subject to the limitations under paragraph 

18 (4), beginning on the date the requestor (or any li19 censees, assignees, or successors in interest of such re20 questor with respect to the subject of such request and 

21 listed under paragraph (5)) may lawfully market 

22 such sunscreen ingredient pursuant to the order. 

23 ‘‘(2) CHANGES DESCRIBED.—A change described 

24 in this paragraph is a change subject to an order 

25 specified in paragraph (1) that permits a sunscreen 
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1 to contain an active sunscreen ingredient not pre2 viously incorporated in a marketed sunscreen listed 

3 in paragraph (3). 

4 ‘‘(3) MARKETED SUNSCREEN.—The marketed 

5 sunscreen ingredients described in this paragraph are 

6 sunscreen ingredients— 

7 ‘‘(A) marketed in accordance with a final 

8 monograph for sunscreen drug products set forth 

9 at part 352 of title 21, Code of Federal Regula10 tions (as published at 64 Fed. Reg. 27687); or 

11 ‘‘(B) marketed in accordance with a final 

12 order issued under this section. 

13 ‘‘(4) LIMITATIONS ON EXCLUSIVITY.—Only one 

14 18-month period may be granted per ingredient under 

15 paragraph (1). 

16 ‘‘(5) LISTING OF LICENSEES, ASSIGNEES, OR

17 SUCCESSORS IN INTEREST.—Requestors shall submit 

18 to the Secretary at the time when a drug subject to 

19 such request is introduced or delivered for introduc20 tion into interstate commerce, a list of licensees, as21 signees, or successors in interest under paragraph 

22 (1).’’. 

23 (4) SUNSET PROVISION.—Subchapter I of chap24 ter V of the Federal Food, Drug, and Cosmetic Act 
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1 (21 U.S.C. 360fff et seq.) is amended by adding at the 

2 end the following: 

3 ‘‘SEC. 586H. SUNSET. 

4 ‘‘This subchapter shall cease to be effective at the end 

5 of fiscal year 2022.’’. 

6 (5) TREATMENT OF FINAL SUNSCREEN ORDER.— 

7 The Federal Food, Drug, and Cosmetic Act is amend8 ed by striking section 586E of such Act (21 U.S.C. 

9 360fff–5). 

10 (c) TREATMENT OF AUTHORITY REGARDING FINALIZA11 TION OF SUNSCREEN MONOGRAPH.— 

12 (1) IN GENERAL.— 

13 (A) REVISION OF FINAL SUNSCREEN

14 ORDER.—The Secretary of Health and Human 

15 Services (referred to in this subsection as the 

16 ‘‘Secretary’’) shall amend and revise the final 

17 administrative order concerning nonprescription 

18 sunscreen (referred to in this subsection as the 

19 ‘‘sunscreen order’’) for which the content, prior 

20 to the date of enactment of this Act, was rep21 resented by the final monograph for sunscreen 

22 drug products set forth in part 352 of title 21, 

23 Code of Federal Regulations (as in effect on May 

24 21, 1999). 
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1 (B) ISSUANCE OF REVISED SUNSCREEN

2 ORDER; EFFECTIVE DATE.—A revised sunscreen 

3 order described in subparagraph (A) shall be— 

4 (i) issued in accordance with the proce5 dures described in section 505G(b)(2) of the 

6 Federal Food, Drug, and Cosmetic Act; 

7 (ii) issued in proposed form not later 

8 than 18 months after the date of enactment 

9 of this Act; and 

10 (iii) issued by the Secretary at least 1 

11 year prior to the effective date of the revised 

12 order. 

13 (2) REPORTS.—If a revised sunscreen order 

14 issued under paragraph (1) does not include provi15 sions related to the effectiveness of various sun protec16 tion factor levels, and does not address all dosage 

17 forms known to the Secretary to be used in sunscreens 

18 marketed in the United States without a new drug 

19 application approved under section 505 of the Federal 

20 Food, Drug, and Cosmetic Act (21 U.S.C. 355), the 

21 Secretary shall submit a report to the Committee on 

22 Energy and Commerce of the House of Representa23 tives and the Committee on Health, Education, 

24 Labor, and Pensions of the Senate on the rationale 

25 for omission of such provisions from such order, and 
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1 a plan and timeline to compile any information nec2 essary to address such provisions through such order. 

3 (d) TREATMENT OF NON-SUNSCREEN TIME AND EX4 TENT APPLICATIONS.— 

5 (1) IN GENERAL.—Any application described in 

6 section 586F of the Federal Food, Drug, and Cosmetic 

7 Act (21 U.S.C. 360fff–6) that was submitted to the 

8 Secretary pursuant to section 330.14 of title 21, Code 

9 of Federal Regulations, as such provisions were in ef10 fect immediately prior to the date of enactment date 

11 of this Act, shall be extinguished as of such date of en12 actment, subject to paragraph (2). 

13 (2) ORDER REQUEST.—Nothing in paragraph 

14 (1) precludes the submission of an order request under 

15 section 505G(b) of the Federal Food, Drug, and Cos16 metic Act, as added by section 3851 of this subtitle, 

17 with respect to a drug that was the subject of an ap18 plication extinguished under paragraph (1). 

19 SEC. 3855. ANNUAL UPDATE TO CONGRESS ON APPRO20 PRIATE PEDIATRIC INDICATION FOR CER21 TAIN OTC COUGH AND COLD DRUGS. 

22 (a) IN GENERAL.—Subject to subsection (c), the Sec23 retary of Health and Human Services shall, beginning not 

24 later than 1 year after the date of enactment of this Act, 

25 annually submit to the Committee on Energy and Com-
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1 merce of the House of Representatives and the Committee 

2 on Health, Education, Labor, and Pensions of the Senate 

3 a letter describing the progress of the Food and Drug Ad4 ministration— 

5 (1) in evaluating the cough and cold monograph 

6 described in subsection (b) with respect to children 

7 under age 6; and 

8 (2) as appropriate, revising such cough and cold 

9 monograph to address such children through the order 

10 process under section 505G(b) of the Federal Food, 

11 Drug, and Cosmetic Act, as added by section 3851 of 

12 this subtitle. 

13 (b) COUGH AND COLD MONOGRAPH DESCRIBED.—The 

14 cough and cold monograph described in this subsection con15 sists of the conditions under which nonprescription drugs 

16 containing antitussive, expectorant, nasal decongestant, or 

17 antihistamine active ingredients (or combinations thereof) 

18 are generally recognized as safe and effective, as specified 

19 in part 341 of title 21, Code of Federal Regulations (as 

20 in effect immediately prior to the date of enactment of this 

21 Act), and included in an order deemed to be established 

22 under section 505G(b) of the Federal Food, Drug, and Cos23 metic Act, as added by section 3851 of this subtitle. 

24 (c) DURATION OF AUTHORITY.—The requirement 

25 under subsection (a) shall terminate as of the date of a letter 
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1 submitted by the Secretary of Health and Human Services 

2 pursuant to such subsection in which the Secretary indi3 cates that the Food and Drug Administration has completed 

4 its evaluation and revised, in a final order, as applicable, 

5 the cough and cold monograph as described in subsection 

6 (a)(2). 

7 SEC. 3856. TECHNICAL CORRECTIONS. 

8 (a) IMPORTS AND EXPORTS.—Section 

9 801(e)(4)(E)(iii) of the Federal Food, Drug, and Cosmetic 

10 Act (21 U.S.C. 381(e)(4)(E)(iii)) is amended by striking 

11 ‘‘subparagraph’’ each place such term appears and insert12 ing ‘‘paragraph’’. 

13 (b) FDA REAUTHORIZATION ACT OF 2017.— 

14 (1) IN GENERAL.—Section 905(b)(4) of the FDA 

15 Reauthorization Act of 2017 (Public Law 115–52) is 

16 amended by striking ‘‘Section 744H(e)(2)(B)’’ and 

17 inserting ‘‘Section 744H(f)(2)(B)’’. 

18 (2) EFFECTIVE DATE.—The amendment made by 

19 paragraph (1) shall take effect as of the enactment of 

20 the FDA Reauthorization Act of 2017 (Public Law 

21 115–52). 

22 PART II—USER FEES 

23 SEC. 3861. FINDING. 

24 The Congress finds that the fees authorized by the 

25 amendments made in this part will be dedicated to OTC 
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1 monograph drug activities, as set forth in the goals identi2 fied for purposes of part 10 of subchapter C of chapter VII 

3 of the Federal Food, Drug, and Cosmetic Act, in the letters 

4 from the Secretary of Health and Human Services to the 

5 Chairman of the Committee on Health, Education, Labor, 

6 and Pensions of the Senate and the Chairman of the Com7 mittee on Energy and Commerce of the House of Represent8 atives, as set forth in the Congressional Record. 

9 SEC. 3862. FEES RELATING TO OVER-THE-COUNTER DRUGS. 

10 Subchapter C of chapter VII of the Federal Food, 

11 Drug, and Cosmetic Act (21 U.S.C. 379f et seq.) is amended 

12 by inserting after part 9 the following: 

13 ‘‘PART 10—FEES RELATING TO OVER-THE14 COUNTER DRUGS 

15 ‘‘SEC. 744L. DEFINITIONS. 

16 ‘‘In this part: 

17 ‘‘(1) The term ‘affiliate’ means a business entity 

18 that has a relationship with a second business entity 

19 if, directly or indirectly— 

20 ‘‘(A) one business entity controls, or has the 

21 power to control, the other business entity; or 

22 ‘‘(B) a third party controls, or has power to 

23 control, both of the business entities. 

24 ‘‘(2) The term ‘contract manufacturing organiza25 tion facility’ means an OTC monograph drug facility 
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1 where neither the owner of such manufacturing facil2 ity nor any affiliate of such owner or facility sells the 

3 OTC monograph drug produced at such facility di4 rectly to wholesalers, retailers, or consumers in the 

5 United States. 

6 ‘‘(3) The term ‘costs of resources allocated for 

7 OTC monograph drug activities’ means the expenses 

8 in connection with OTC monograph drug activities 

9 for— 

10 ‘‘(A) officers and employees of the Food and 

11 Drug Administration, contractors of the Food 

12 and Drug Administration, advisory committees, 

13 and costs related to such officers, employees, and 

14 committees and costs related to contracts with 

15 such contractors; 

16 ‘‘(B) management of information, and the 

17 acquisition, maintenance, and repair of com18 puter resources; 

19 ‘‘(C) leasing, maintenance, renovation, and 

20 repair of facilities and acquisition, maintenance, 

21 and repair of fixtures, furniture, scientific equip22 ment, and other necessary materials and sup23 plies; and 
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1 ‘‘(D) collecting fees under section 744M and 

2 accounting for resources allocated for OTC mono3 graph drug activities. 

4 ‘‘(4) The term ‘FDA establishment identifier’ is 

5 the unique number automatically generated by Food 

6 and Drug Administration’s Field Accomplishments 

7 and Compliance Tracking System (FACTS) (or any 

8 successor system). 

9 ‘‘(5) The term ‘OTC monograph drug’ means a 

10 nonprescription drug without an approved new drug 

11 application which is governed by the provisions of 

12 section 505G. 

13 ‘‘(6) The term ‘OTC monograph drug activities’ 

14 means activities of the Secretary associated with OTC 

15 monograph drugs and inspection of facilities associ16 ated with such products, including the following ac17 tivities: 

18 ‘‘(A) The activities necessary for review and 

19 evaluation of OTC monographs and OTC mono20 graph order requests, including— 

21 ‘‘(i) orders proposing or finalizing ap22 plicable conditions of use for OTC mono23 graph drugs; 

24 ‘‘(ii) orders affecting status regarding 

25 general recognition of safety and effective-
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1 ness of an OTC monograph ingredient or 

2 combination of ingredients under specified 

3 conditions of use; 

4 ‘‘(iii) all OTC monograph drug devel5 opment and review activities, including 

6 intra-agency collaboration; 

7 ‘‘(iv) regulation and policy develop8 ment activities related to OTC monograph 

9 drugs; 

10 ‘‘(v) development of product standards 

11 for products subject to review and evalua12 tion; 

13 ‘‘(vi) meetings referred to in section 

14 505G(i); 

15 ‘‘(vii) review of labeling prior to 

16 issuance of orders related to OTC mono17 graph drugs or conditions of use; and 

18 ‘‘(viii) regulatory science activities re19 lated to OTC monograph drugs. 

20 ‘‘(B) Inspections related to OTC monograph 

21 drugs. 

22 ‘‘(C) Monitoring of clinical and other re23 search conducted in connection with OTC mono24 graph drugs. 
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1 ‘‘(D) Safety activities with respect to OTC 

2 monograph drugs, including— 

3 ‘‘(i) collecting, developing, and review4 ing safety information on OTC monograph 

5 drugs, including adverse event reports; 

6 ‘‘(ii) developing and using improved 

7 adverse event data-collection systems, in8 cluding information technology systems; 

9 and 

10 ‘‘(iii) developing and using improved 

11 analytical tools to assess potential safety 

12 risks, including access to external databases. 

13 ‘‘(E) Other activities necessary for imple14 mentation of section 505G. 

15 ‘‘(7) The term ‘OTC monograph order request’ 

16 means a request for an order submitted under section 

17 505G(b)(5). 

18 ‘‘(8) The term ‘Tier 1 OTC monograph order re19 quest’ means any OTC monograph order request not 

20 determined to be a Tier 2 OTC monograph order re21 quest. 

22 ‘‘(9)(A) The term ‘Tier 2 OTC monograph order 

23 request’ means, subject to subparagraph (B), an OTC 

24 monograph order request for— 
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1 ‘‘(i) the reordering of existing information 

2 in the drug facts label of an OTC monograph 

3 drug; 

4 ‘‘(ii) the addition of information to the 

5 other information section of the drug facts label 

6 of an OTC monograph drug, as limited by sec7 tion 201.66(c)(7) of title 21, Code of Federal 

8 Regulations (or any successor regulations); 

9 ‘‘(iii) modification to the directions for use 

10 section of the drug facts label of an OTC mono11 graph drug, if such changes conform to changes 

12 made pursuant to section 505G(c)(3)(A); 

13 ‘‘(iv) the standardization of the concentra14 tion or dose of a specific finalized ingredient 

15 within a particular finalized monograph; 

16 ‘‘(v) a change to ingredient nomenclature to 

17 align with nomenclature of a standards-setting 

18 organization; or 

19 ‘‘(vi) addition of an interchangeable term in 

20 accordance with section 330.1 of title 21, Code of 

21 Federal Regulations (or any successor regula22 tions). 

23 ‘‘(B) The Secretary may, based on program im24 plementation experience or other factors found appro25 priate by the Secretary, characterize any OTC mono-
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† HR 748 EAS 

1 graph order request as a Tier 2 OTC monograph 

2 order request (including recharacterizing a request 

3 from Tier 1 to Tier 2) and publish such determina4 tion in a proposed order issued pursuant to section 

5 505G. 

6 ‘‘(10)(A) The term ‘OTC monograph drug facil7 ity’ means a foreign or domestic business or other en8 tity that— 

9 ‘‘(i) is— 

10 ‘‘(I) under one management, either di11 rect or indirect; and 

12 ‘‘(II) at one geographic location or ad13 dress engaged in manufacturing or proc14 essing the finished dosage form of an OTC 

15 monograph drug; 

16 ‘‘(ii) includes a finished dosage form manu17 facturer facility in a contractual relationship 

18 with the sponsor of one or more OTC monograph 

19 drugs to manufacture or process such drugs; and 

20 ‘‘(iii) does not include a business or other 

21 entity whose only manufacturing or processing 

22 activities are one or more of the following: pro23 duction of clinical research supplies, testing, or 

24 placement of outer packaging on packages con25 taining multiple products, for such purposes as 
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1 creating multipacks, when each monograph drug 

2 product contained within the overpackaging is 

3 already in a final packaged form prior to place4 ment in the outer overpackaging. 

5 ‘‘(B) For purposes of subparagraph (A)(i)(II), 

6 separate buildings or locations within close proximity 

7 are considered to be at one geographic location or ad8 dress if the activities conducted in such buildings or 

9 locations are— 

10 ‘‘(i) closely related to the same business en11 terprise; 

12 ‘‘(ii) under the supervision of the same local 

13 management; and 

14 ‘‘(iii) under a single FDA establishment 

15 identifier and capable of being inspected by the 

16 Food and Drug Administration during a single 

17 inspection. 

18 ‘‘(C) If a business or other entity would meet cri19 teria specified in subparagraph (A), but for being 

20 under multiple management, the business or other en21 tity is deemed to constitute multiple facilities, one per 

22 management entity, for purposes of this paragraph. 

23 ‘‘(11) The term ‘OTC monograph drug meeting’ 

24 means any meeting regarding the content of a pro25 posed OTC monograph order request. 
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1 ‘‘(12) The term ‘person’ includes an affiliate of 

2 a person. 

3 ‘‘(13) The terms ‘requestor’ and ‘sponsor’ have 

4 the meanings given such terms in section 505G. 

5 ‘‘SEC. 744M. AUTHORITY TO ASSESS AND USE OTC MONO6 GRAPH FEES. 

7 ‘‘(a) TYPES OF FEES.—Beginning with fiscal year 

8 2021, the Secretary shall assess and collect fees in accord9 ance with this section as follows: 

10 ‘‘(1) FACILITY FEE.— 

11 ‘‘(A) IN GENERAL.—Each person that owns 

12 a facility identified as an OTC monograph drug 

13 facility on December 31 of the fiscal year or at 

14 any time during the preceding 12-month period 

15 shall be assessed an annual fee for each such fa16 cility as determined under subsection (c). 

17 ‘‘(B) EXCEPTIONS.— 

18 ‘‘(i) FACILITIES THAT CEASE ACTIVI19 TIES.—A fee shall not be assessed under 

20 subparagraph (A) if the identified OTC 

21 monograph drug facility— 

22 ‘‘(I) has ceased all activities re23 lated to OTC monograph drugs prior 

24 to December 31 of the year imme-
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1 diately preceding the applicable fiscal 

2 year; and 

3 ‘‘(II) has updated its registration 

4 to reflect such change under the re5 quirements for drug establishment reg6 istration set forth in section 510. 

7 ‘‘(ii) CONTRACT MANUFACTURING OR8 GANIZATIONS.—The amount of the fee for a 

9 contract manufacturing organization facil10 ity shall be equal to two-thirds of the 

11 amount of the fee for an OTC monograph 

12 drug facility that is not a contract manu13 facturing organization facility. 

14 ‘‘(C) AMOUNT.—The amount of fees estab15 lished under subparagraph (A) shall be estab16 lished under subsection (c). 

17 ‘‘(D) DUE DATE.— 

18 ‘‘(i) FOR FIRST PROGRAM YEAR.—For 

19 fiscal year 2021, the facility fees required 

20 under subparagraph (A) shall be due on the 

21 later of— 

22 ‘‘(I) the first business day of July 

23 of 2020; or 

24 ‘‘(II) 45 calendar days after pub25 lication of the Federal Register notice 
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1 provided for under subsection 

2 (c)(4)(A). 

3 ‘‘(ii) SUBSEQUENT FISCAL YEARS.— 

4 For each fiscal year after fiscal year 2021, 

5 the facility fees required under subpara6 graph (A) shall be due on the later of— 

7 ‘‘(I) the first business day of June 

8 of such year; or 

9 ‘‘(II) the first business day after 

10 the enactment of an appropriations 

11 Act providing for the collection and ob12 ligation of fees under this section for 

13 such year. 

14 ‘‘(2) OTC MONOGRAPH ORDER REQUEST FEE.— 

15 ‘‘(A) IN GENERAL.—Each person that sub16 mits an OTC monograph order request shall be 

17 subject to a fee for an OTC monograph order re18 quest. The amount of such fee shall be— 

19 ‘‘(i) for a Tier 1 OTC monograph 

20 order request, $500,000, adjusted for infla21 tion for the fiscal year (as determined under 

22 subsection (c)(1)(B)); and 

23 ‘‘(ii) for a Tier 2 OTC monograph 

24 order request, $100,000, adjusted for infla-
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1 tion for the fiscal year (as determined under 

2 subsection (c)(1)(B)). 

3 ‘‘(B) DUE DATE.—The OTC monograph 

4 order request fees required under subparagraph 

5 (A) shall be due on the date of submission of the 

6 OTC monograph order request. 

7 ‘‘(C) EXCEPTION FOR CERTAIN SAFETY

8 CHANGES.—A person who is named as the re9 questor in an OTC monograph order shall not be 

10 subject to a fee under subparagraph (A) if the 

11 Secretary finds that the OTC monograph order 

12 request seeks to change the drug facts labeling of 

13 an OTC monograph drug in a way that would 

14 add to or strengthen— 

15 ‘‘(i) a contraindication, warning, or 

16 precaution; 

17 ‘‘(ii) a statement about risk associated 

18 with misuse or abuse; or 

19 ‘‘(iii) an instruction about dosage and 

20 administration that is intended to increase 

21 the safe use of the OTC monograph drug. 

22 ‘‘(D) REFUND OF FEE IF ORDER REQUEST

23 IS RECATEGORIZED AS A TIER 2 OTC MONO24 GRAPH ORDER REQUEST.—If the Secretary deter25 mines that an OTC monograph request initially 
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1 characterized as Tier 1 shall be re-characterized 

2 as a Tier 2 OTC monograph order request, and 

3 the requestor has paid a Tier 1 fee in accordance 

4 with subparagraph (A)(i), the Secretary shall re5 fund the requestor the difference between the Tier 

6 1 and Tier 2 fees determined under subpara7 graphs (A)(i) and (A)(ii), respectively. 

8 ‘‘(E) REFUND OF FEE IF ORDER REQUEST

9 REFUSED FOR FILING OR WITHDRAWN BEFORE

10 FILING.—The Secretary shall refund 75 percent 

11 of the fee paid under subparagraph (B) for any 

12 order request which is refused for filing or was 

13 withdrawn before being accepted or refused for 

14 filing. 

15 ‘‘(F) FEES FOR ORDER REQUESTS PRE16 VIOUSLY REFUSED FOR FILING OR WITHDRAWN

17 BEFORE FILING.—An OTC monograph order re18 quest that was submitted but was refused for fil19 ing, or was withdrawn before being accepted or 

20 refused for filing, shall be subject to the full fee 

21 under subparagraph (A) upon being resubmitted 

22 or filed over protest. 

23 ‘‘(G) REFUND OF FEE IF ORDER REQUEST

24 WITHDRAWN.—If an order request is withdrawn 

25 after the order request was filed, the Secretary 
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† HR 748 EAS 

1 may refund the fee or a portion of the fee if no 

2 substantial work was performed on the order re3 quest after the application was filed. The Sec4 retary shall have the sole discretion to refund a 

5 fee or a portion of the fee under this subpara6 graph. A determination by the Secretary con7 cerning a refund under this subparagraph shall 

8 not be reviewable. 

9 ‘‘(3) REFUNDS.— 

10 ‘‘(A) IN GENERAL.—Other than refunds 

11 provided pursuant to any of subparagraphs (D) 

12 through (G) of paragraph (2), the Secretary shall 

13 not refund any fee paid under paragraph (1) ex14 cept as provided in subparagraph (B). 

15 ‘‘(B) DISPUTES CONCERNING FEES.—To 

16 qualify for the return of a fee claimed to have 

17 been paid in error under paragraph (1) or (2), 

18 a person shall submit to the Secretary a written 

19 request justifying such return within 180 cal20 endar days after such fee was paid. 

21 ‘‘(4) NOTICE.—Within the timeframe specified in 

22 subsection (c), the Secretary shall publish in the Fed23 eral Register the amount of the fees under paragraph 

24 (1) for such fiscal year. 

25 ‘‘(b) FEE REVENUE AMOUNTS.— 
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1 ‘‘(1) FISCAL YEAR 2021.—For fiscal year 2021, 

2 fees under subsection (a)(1) shall be established to 

3 generate a total facility fee revenue amount equal to 

4 the sum of— 

5 ‘‘(A) the annual base revenue for fiscal year 

6 2021 (as determined under paragraph (3)); 

7 ‘‘(B) the dollar amount equal to the oper8 ating reserve adjustment for the fiscal year, if 

9 applicable (as determined under subsection 

10 (c)(2)); and 

11 ‘‘(C) additional direct cost adjustments (as 

12 determined under subsection (c)(3)). 

13 ‘‘(2) SUBSEQUENT FISCAL YEARS.—For each of 

14 the fiscal years 2022 through 2025, fees under sub15 section (a)(1) shall be established to generate a total 

16 facility fee revenue amount equal to the sum of— 

17 ‘‘(A) the annual base revenue for the fiscal 

18 year (as determined under paragraph (3)); 

19 ‘‘(B) the dollar amount equal to the infla20 tion adjustment for the fiscal year (as deter21 mined under subsection (c)(1)); 

22 ‘‘(C) the dollar amount equal to the oper23 ating reserve adjustment for the fiscal year, if 

24 applicable (as determined under subsection 

25 (c)(2)); 
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1 ‘‘(D) additional direct cost adjustments (as 

2 determined under subsection (c)(3)); and 

3 ‘‘(E) additional dollar amounts for each fis4 cal year as follows: 

5 ‘‘(i) $7,000,000 for fiscal year 2022. 

6 ‘‘(ii) $6,000,000 for fiscal year 2023. 

7 ‘‘(iii) $7,000,000 for fiscal year 2024. 

8 ‘‘(iv) $3,000,000 for fiscal year 2025. 

9 ‘‘(3) ANNUAL BASE REVENUE.—For purposes of 

10 paragraphs (1)(A) and (2)(A), the dollar amount of 

11 the annual base revenue for a fiscal year shall be— 

12 ‘‘(A) for fiscal year 2021, $8,000,000; and 

13 ‘‘(B) for fiscal years 2022 through 2025, the 

14 dollar amount of the total revenue amount estab15 lished under this subsection for the previous fis16 cal year, not including any adjustments made 

17 under subsection (c)(2) or (c)(3). 

18 ‘‘(c) ADJUSTMENTS; ANNUAL FEE SETTING.— 

19 ‘‘(1) INFLATION ADJUSTMENT.— 

20 ‘‘(A) IN GENERAL.—For purposes of sub21 section (b)(2)(B), the dollar amount of the infla22 tion adjustment to the annual base revenue for 

23 fiscal year 2022 and each subsequent fiscal year 

24 shall be equal to the product of— 
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1 ‘‘(i) such annual base revenue for the 

2 fiscal year under subsection (b)(2); and 

3 ‘‘(ii) the inflation adjustment percent4 age under subparagraph (C). 

5 ‘‘(B) OTC MONOGRAPH ORDER REQUEST

6 FEES.—For purposes of subsection (a)(2), the 

7 dollar amount of the inflation adjustment to the 

8 fee for OTC monograph order requests for fiscal 

9 year 2022 and each subsequent fiscal year shall 

10 be equal to the product of— 

11 ‘‘(i) the applicable fee under subsection 

12 (a)(2) for the preceding fiscal year; and 

13 ‘‘(ii) the inflation adjustment percent14 age under subparagraph (C). 

15 ‘‘(C) INFLATION ADJUSTMENT PERCENT16 AGE.—The inflation adjustment percentage 

17 under this subparagraph for a fiscal year is 

18 equal to— 

19 ‘‘(i) for each of fiscal years 2022 and 

20 2023, the average annual percent change 

21 that occurred in the Consumer Price Index 

22 for urban consumers (Washington-Balti23 more, DC–MD–VA–WV; Not Seasonally Ad24 justed; All items; Annual Index) for the first 
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† HR 748 EAS 

1 3 years of the preceding 4 years of available 

2 data; and 

3 ‘‘(ii) for each of fiscal years 2024 and 

4 2025, the sum of— 

5 ‘‘(I) the average annual percent 

6 change in the cost, per full-time equiv7 alent position of the Food and Drug 

8 Administration, of all personnel com9 pensation and benefits paid with re10 spect to such positions for the first 3 

11 years of the preceding 4 fiscal years, 

12 multiplied by the proportion of per13 sonnel compensation and benefits costs 

14 to total costs of OTC monograph drug 

15 activities for the first 3 years of the 

16 preceding 4 fiscal years; and 

17 ‘‘(II) the average annual percent 

18 change that occurred in the Consumer 

19 Price Index for urban consumers 

20 (Washington-Baltimore, DC–MD–VA– 

21 WV; Not Seasonally Adjusted; All 

22 items; Annual Index) for the first 3 

23 years of the preceding 4 years of avail24 able data multiplied by the proportion 

25 of all costs other than personnel com-
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1 pensation and benefits costs to total 

2 costs of OTC monograph drug activi3 ties for the first 3 years of the pre4 ceding 4 fiscal years. 

5 ‘‘(2) OPERATING RESERVE ADJUSTMENT.— 

6 ‘‘(A) IN GENERAL.—For fiscal year 2021 

7 and subsequent fiscal years, for purposes of sub8 sections (b)(1)(B) and (b)(2)(C), the Secretary 

9 may, in addition to adjustments under para10 graph (1), further increase the fee revenue and 

11 fees if such an adjustment is necessary to provide 

12 operating reserves of carryover user fees for OTC 

13 monograph drug activities for not more than the 

14 number of weeks specified in subparagraph (B). 

15 ‘‘(B) NUMBER OF WEEKS.—The number of 

16 weeks specified in this subparagraph is— 

17 ‘‘(i) 3 weeks for fiscal year 2021; 

18 ‘‘(ii) 7 weeks for fiscal year 2022; 

19 ‘‘(iii) 10 weeks for fiscal year 2023; 

20 ‘‘(iv) 10 weeks for fiscal year 2024; 

21 and 

22 ‘‘(v) 10 weeks for fiscal year 2025. 

23 ‘‘(C) DECREASE.—If the Secretary has car24 ryover balances for such process in excess of 10 

25 weeks of the operating reserves referred to in sub-
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1 paragraph (A), the Secretary shall decrease the 

2 fee revenue and fees referred to in such subpara3 graph to provide for not more than 10 weeks of 

4 such operating reserves. 

5 ‘‘(D) RATIONALE FOR ADJUSTMENT.—If an 

6 adjustment under this paragraph is made, the 

7 rationale for the amount of the increase or de8 crease (as applicable) in fee revenue and fees 

9 shall be contained in the annual Federal Reg10 ister notice under paragraph (4) establishing fee 

11 revenue and fees for the fiscal year involved. 

12 ‘‘(3) ADDITIONAL DIRECT COST ADJUSTMENT.— 

13 The Secretary shall, in addition to adjustments under 

14 paragraphs (1) and (2), further increase the fee rev15 enue and fees for purposes of subsection (b)(2)(D) by 

16 an amount equal to— 

17 ‘‘(A) $14,000,000 for fiscal year 2021; 

18 ‘‘(B) $7,000,000 for fiscal year 2022; 

19 ‘‘(C) $4,000,000 for fiscal year 2023; 

20 ‘‘(D) $3,000,000 for fiscal year 2024; and 

21 ‘‘(E) $3,000,000 for fiscal year 2025. 

22 ‘‘(4) ANNUAL FEE SETTING.— 

23 ‘‘(A) FISCAL YEAR 2021.—The Secretary 

24 shall, not later than the second Monday in May 

25 of 2020— 
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1 ‘‘(i) establish OTC monograph drug fa2 cility fees for fiscal year 2021 under sub3 section (a), based on the revenue amount for 

4 such year under subsection (b) and the ad5 justments provided under this subsection; 

6 and 

7 ‘‘(ii) publish fee revenue, facility fees, 

8 and OTC monograph order requests in the 

9 Federal Register. 

10 ‘‘(B) SUBSEQUENT FISCAL YEARS.—The 

11 Secretary shall, for each fiscal year that begins 

12 after September 30, 2021, not later than the sec13 ond Monday in March that precedes such fiscal 

14 year— 

15 ‘‘(i) establish for such fiscal year, based 

16 on the revenue amounts under subsection 

17 (b) and the adjustments provided under this 

18 subsection— 

19 ‘‘(I) OTC monograph drug facil20 ity fees under subsection (a)(1); and 

21 ‘‘(II) OTC monograph order re22 quest fees under subsection (a)(2); and 

23 ‘‘(ii) publish such fee revenue amounts, 

24 facility fees, and OTC monograph order re25 quest fees in the Federal Register. 
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1 ‘‘(d) IDENTIFICATION OF FACILITIES.—Each person 

2 that owns an OTC monograph drug facility shall submit 

3 to the Secretary the information required under this sub4 section each year. Such information shall, for each fiscal 

5 year— 

6 ‘‘(1) be submitted as part of the requirements for 

7 drug establishment registration set forth in section 

8 510; and 

9 ‘‘(2) include for each such facility, at a min10 imum, identification of the facility’s business oper11 ation as that of an OTC monograph drug facility. 

12 ‘‘(e) EFFECT OF FAILURE TO PAY FEES.— 

13 ‘‘(1) OTC MONOGRAPH DRUG FACILITY FEE.— 

14 ‘‘(A) IN GENERAL.—Failure to pay the fee 

15 under subsection (a)(1) within 20 calendar days 

16 of the due date as specified in subparagraph (D) 

17 of such subsection shall result in the following: 

18 ‘‘(i) The Secretary shall place the facil19 ity on a publicly available arrears list. 

20 ‘‘(ii) All OTC monograph drugs manu21 factured in such a facility or containing an 

22 ingredient manufactured in such a facility 

23 shall be deemed misbranded under section 

24 502(ff). 
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1 ‘‘(B) APPLICATION OF PENALTIES.—The 

2 penalties under this paragraph shall apply until 

3 the fee established by subsection (a)(1) is paid. 

4 ‘‘(2) ORDER REQUESTS.—An OTC monograph 

5 order request submitted by a person subject to fees 

6 under subsection (a) shall be considered incomplete 

7 and shall not be accepted for filing by the Secretary 

8 until all fees owed by such person under this section 

9 have been paid. 

10 ‘‘(3) MEETINGS.—A person subject to fees under 

11 this section shall be considered ineligible for OTC 

12 monograph drug meetings until all such fees owed by 

13 such person have been paid. 

14 ‘‘(f) CREDITING AND AVAILABILITY OF FEES.— 

15 ‘‘(1) IN GENERAL.—Fees authorized under sub16 section (a) shall be collected and available for obliga17 tion only to the extent and in the amount provided 

18 in advance in appropriations Acts. Such fees are au19 thorized to remain available until expended. Such 

20 sums as may be necessary may be transferred from 

21 the Food and Drug Administration salaries and ex22 penses appropriation account without fiscal year lim23 itation to such appropriation account for salaries and 

24 expenses with such fiscal year limitation. The sums 
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† HR 748 EAS 

1 transferred shall be available solely for OTC mono2 graph drug activities. 

3 ‘‘(2) COLLECTIONS AND APPROPRIATION ACTS.— 

4 ‘‘(A) IN GENERAL.—Subject to subpara5 graph (C), the fees authorized by this section 

6 shall be collected and available in each fiscal 

7 year in an amount not to exceed the amount 

8 specified in appropriation Acts, or otherwise 

9 made available for obligation, for such fiscal 

10 year. 

11 ‘‘(B) USE OF FEES AND LIMITATION.—The 

12 fees authorized by this section shall be available 

13 to defray increases in the costs of the resources 

14 allocated for OTC monograph drug activities 

15 (including increases in such costs for an addi16 tional number of full-time equivalent positions 

17 in the Department of Health and Human Serv18 ices to be engaged in such activities), only if the 

19 Secretary allocates for such purpose an amount 

20 for such fiscal year (excluding amounts from fees 

21 collected under this section) no less than 

22 $12,000,000, multiplied by the adjustment factor 

23 applicable to the fiscal year involved under sub24 section (c)(1). 
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1 ‘‘(C) COMPLIANCE.—The Secretary shall be 

2 considered to have met the requirements of sub3 paragraph (B) in any fiscal year if the costs 

4 funded by appropriations and allocated for OTC 

5 monograph drug activities are not more than 15 

6 percent below the level specified in such subpara7 graph. 

8 ‘‘(D) PROVISION FOR EARLY PAYMENTS IN

9 SUBSEQUENT YEARS.—Payment of fees author10 ized under this section for a fiscal year (after fis11 cal year 2021), prior to the due date for such 

12 fees, may be accepted by the Secretary in accord13 ance with authority provided in advance in a 

14 prior year appropriations Act. 

15 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—For 

16 each of the fiscal years 2021 through 2025, there is 

17 authorized to be appropriated for fees under this sec18 tion an amount equal to the total amount of fees as19 sessed for such fiscal year under this section. 

20 ‘‘(g) COLLECTION OF UNPAID FEES.—In any case 

21 where the Secretary does not receive payment of a fee as22 sessed under subsection (a) within 30 calendar days after 

23 it is due, such fee shall be treated as a claim of the United 

24 States Government subject to subchapter II of chapter 37 

25 of title 31, United States Code. 
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1 ‘‘(h) CONSTRUCTION.—This section may not be con2 strued to require that the number of full-time equivalent 

3 positions in the Department of Health and Human Serv4 ices, for officers, employers, and advisory committees not 

5 engaged in OTC monograph drug activities, be reduced to 

6 offset the number of officers, employees, and advisory com7 mittees so engaged. 

8 ‘‘SEC. 744N. REAUTHORIZATION; REPORTING REQUIRE9 MENTS. 

10 ‘‘(a) PERFORMANCE REPORT.—Beginning with fiscal 

11 year 2021, and not later than 120 calendar days after the 

12 end of each fiscal year thereafter for which fees are collected 

13 under this part, the Secretary shall prepare and submit to 

14 the Committee on Energy and Commerce of the House of 

15 Representatives and the Committee on Health, Education, 

16 Labor, and Pensions of the Senate a report concerning the 

17 progress of the Food and Drug Administration in achieving 

18 the goals identified in the letters described in section 

19 3861(b) of the CARES Act during such fiscal year and the 

20 future plans of the Food and Drug Administration for meet21 ing such goals. 

22 ‘‘(b) FISCAL REPORT.—Not later than 120 calendar 

23 days after the end of fiscal year 2021 and each subsequent 

24 fiscal year for which fees are collected under this part, the 

25 Secretary shall prepare and submit to the Committee on 
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1 Energy and Commerce of the House of Representatives and 

2 the Committee on Health, Education, Labor, and Pensions 

3 of the Senate a report on the implementation of the author4 ity for such fees during such fiscal year and the use, by 

5 the Food and Drug Administration, of the fees collected for 

6 such fiscal year. 

7 ‘‘(c) PUBLIC AVAILABILITY.—The Secretary shall make 

8 the reports required under subsections (a) and (b) available 

9 to the public on the internet website of the Food and Drug 

10 Administration. 

11 ‘‘(d) REAUTHORIZATION.— 

12 ‘‘(1) CONSULTATION.—In developing rec13 ommendations to present to the Congress with respect 

14 to the goals described in subsection (a), and plans for 

15 meeting the goals, for OTC monograph drug activities 

16 for the first 5 fiscal years after fiscal year 2025, and 

17 for the reauthorization of this part for such fiscal 

18 years, the Secretary shall consult with— 

19 ‘‘(A) the Committee on Energy and Com20 merce of the House of Representatives; 

21 ‘‘(B) the Committee on Health, Education, 

22 Labor, and Pensions of the Senate; 

23 ‘‘(C) scientific and academic experts; 

24 ‘‘(D) health care professionals; 
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1 ‘‘(E) representatives of patient and con2 sumer advocacy groups; and 

3 ‘‘(F) the regulated industry. 

4 ‘‘(2) PUBLIC REVIEW OF RECOMMENDATIONS.— 

5 After negotiations with the regulated industry, the 

6 Secretary shall— 

7 ‘‘(A) present the recommendations developed 

8 under paragraph (1) to the congressional com9 mittees specified in such paragraph; 

10 ‘‘(B) publish such recommendations in the 

11 Federal Register; 

12 ‘‘(C) provide for a period of 30 calendar 

13 days for the public to provide written comments 

14 on such recommendations; 

15 ‘‘(D) hold a meeting at which the public 

16 may present its views on such recommendations; 

17 and 

18 ‘‘(E) after consideration of such public 

19 views and comments, revise such recommenda20 tions as necessary. 

21 ‘‘(3) TRANSMITTAL OF RECOMMENDATIONS.—Not 

22 later than January 15, 2025, the Secretary shall 

23 transmit to the Congress the revised recommendations 

24 under paragraph (2), a summary of the views and 

25 comments received under such paragraph, and any 
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1 changes made to the recommendations in response to 

2 such views and comments.’’. 

3 TITLE IV—ECONOMIC STABILIZA4 TION AND ASSISTANCE TO SE5 VERELY DISTRESSED SEC6 TORS OF THE UNITED STATES 

7 ECONOMY 

8 Subtitle A—Coronavirus Economic 

9 Stabilization Act of 2020 

10 SEC. 4001. SHORT TITLE. 

11 This subtitle may be cited as the ‘‘Coronavirus Eco12 nomic Stabilization Act of 2020’’. 

13 SEC. 4002. DEFINITIONS. 

14 In this subtitle: 

15 (1) AIR CARRIER.—The term ‘‘air carrier’’ has 

16 the meaning such term has under section 40102 of 

17 title 49, United States Code. 

18 (2) CORONAVIRUS.—The term ‘‘coronavirus’’ 

19 means SARS–CoV–2 or another coronavirus with 

20 pandemic potential. 

21 (3) COVERED LOSS.—The term ‘‘covered loss’’ in22 cludes losses incurred directly or indirectly as a result 

23 of coronavirus, as determined by the Secretary. 

24 (4) ELIGIBLE BUSINESS.—The term ‘‘eligible 

25 business’’ means— 
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1 (A) an air carrier; or 

2 (B) a United States business that has not 

3 otherwise received adequate economic relief in the 

4 form of loans or loan guarantees provided under 

5 this Act. 

6 (5) EMPLOYEE.—Except where the context other7 wise requires, the term ‘‘employee’’— 

8 (A) has the meaning given the term in sec9 tion 2 of the National Labor Relations Act (29 

10 U.S.C. 152); and 

11 (B) includes any individual employed by 

12 an employer subject to the Railway Labor Act 

13 (45 U.S.C. 151 et seq.). 

14 (6) EQUITY SECURITY; EXCHANGE.—The terms 

15 ‘‘equity security’’ and ‘‘exchange’’ have the meanings 

16 given the terms in section 3(a) of the Securities Ex17 change Act of 1934 (15 U.S.C. 78c(a)). 

18 (7) MUNICIPALITY.—The term ‘‘municipality’’ 

19 includes— 

20 (A) a political subdivision of a State, and 

21 (B) an instrumentality of a municipality, a 

22 State, or a political subdivision of a State. 

23 (8) NATIONAL SECURITIES EXCHANGE.—The 

24 term ‘‘national securities exchange’’ means an ex25 change registered as a national securities exchange 
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1 under section 6 of the Securities Exchange Act of 

2 1934 (15 U.S.C. 78f). 

3 (9) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of the Treasury, or the designee of the 

5 Secretary of the Treasury. 

6 (10) STATE.—The term ‘‘State’’ means— 

7 (A) any of the several States; 

8 (B) the District of Columbia; 

9 (C) any of the territories and possessions of 

10 the United States; 

11 (D) any bi-State or multi-State entity; and 

12 (E) any Indian Tribe. 

13 SEC. 4003. EMERGENCY RELIEF AND TAXPAYER PROTEC14 TIONS. 

15 (a) IN GENERAL.—Notwithstanding any other provi16 sion of law, to provide liquidity to eligible businesses, 

17 States, and municipalities related to losses incurred as a 

18 result of coronavirus, the Secretary is authorized to make 

19 loans, loan guarantees, and other investments in support 

20 of eligible businesses, States, and municipalities that do not, 

21 in the aggregate, exceed $500,000,000,000 and provide the 

22 subsidy amounts necessary for such loans, loan guarantees, 

23 and other investments in accordance with the provisions of 

24 the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et 

25 seq.). 
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1 (b) LOANS, LOAN GUARANTEES, AND OTHER INVEST2 MENTS.—Loans, loan guarantees, and other investments 

3 made pursuant to subsection (a) shall be made available 

4 as follows: 

5 (1) Not more than $25,000,000,000 shall be 

6 available to make loans and loan guarantees for pas7 senger air carriers, eligible businesses that are cer8 tified under part 145 of title 14, Code of Federal Reg9 ulations, and approved to perform inspection, repair, 

10 replace, or overhaul services, and ticket agents (as de11 fined in section 40102 of title 49, United States 

12 Code). 

13 (2) Not more than $4,000,000,000 shall be avail14 able to make loans and loan guarantees for cargo air 

15 carriers. 

16 (3) Not more than $17,000,000,000 shall be 

17 available to make loans and loan guarantees for busi18 nesses critical to maintaining national security. 

19 (4) Not more than the sum of $454,000,000,000 

20 and any amounts available under paragraphs (1), 

21 (2), and (3) that are not used as provided under those 

22 paragraphs shall be available to make loans and loan 

23 guarantees to, and other investments in, programs or 

24 facilities established by the Board of Governors of the 

25 Federal Reserve System for the purpose of providing 
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1 liquidity to the financial system that supports lend2 ing to eligible businesses, States, or municipalities 

3 by— 

4 (A) purchasing obligations or other interests 

5 directly from issuers of such obligations or other 

6 interests; 

7 (B) purchasing obligations or other interests 

8 in secondary markets or otherwise; or 

9 (C) making loans, including loans or other 

10 advances secured by collateral. 

11 (c) TERMS AND CONDITIONS.— 

12 (1) IN GENERAL.— 

13 (A) FORMS; TERMS AND CONDITIONS.—A 

14 loan, loan guarantee, or other investment by the 

15 Secretary shall be made under this section in 

16 such form and on such terms and conditions and 

17 contain such covenants, representations, warran18 ties, and requirements (including requirements 

19 for audits) as the Secretary determines appro20 priate. Any loans made by the Secretary under 

21 this section shall be at a rate determined by the 

22 Secretary based on the risk and the current aver23 age yield on outstanding marketable obligations 

24 of the United States of comparable maturity. 
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1 (B) PROCEDURES.—As soon as practicable, 

2 but in no case later than 10 days after the date 

3 of enactment of this Act, the Secretary shall pub4 lish procedures for application and minimum re5 quirements, which may be supplemented by the 

6 Secretary in the Secretary’s discretion, for mak7 ing loans, loan guarantees, or other investments 

8 under paragraphs (1), (2) and (3) of subsection 

9 (b) . 

10 (2) LOANS AND LOAN GUARANTEES .—The Sec11 retary may enter into agreements to make loans or 

12 loan guarantees to 1 or more eligible businesses under 

13 paragraphs (1), (2) and (3) of subsection (b) if the 

14 Secretary determines that, in the Secretary’s discre15 tion— 

16 (A) the applicant is an eligible business for 

17 which credit is not reasonably available at the 

18 time of the transaction; 

19 (B) the intended obligation by the applicant 

20 is prudently incurred; 

21 (C) the loan or loan guarantee is suffi22 ciently secured or is made at a rate that— 

23 (i) reflects the risk of the loan or loan 

24 guarantee; and 
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1 (ii) is to the extent practicable, not less 

2 than an interest rate based on market con3 ditions for comparable obligations prevalent 

4 prior to the outbreak of the coronavirus dis5 ease 2019 (COVID–19); 

6 (D) the duration of the loan or loan guar7 antee is as short as practicable and in any case 

8 not longer than 5 years; 

9 (E) the agreement provides that, until the 

10 date 12 months after the date the loan or loan 

11 guarantee is no longer outstanding, neither the 

12 eligible business nor any affiliate of the eligible 

13 business may purchase an equity security that is 

14 listed on a national securities exchange of the eli15 gible business or any parent company of the eli16 gible business, except to the extent required under 

17 a contractual obligation in effect as of the date 

18 of enactment of this Act; 

19 (F) the agreement provides that, until the 

20 date 12 months after the date the loan or loan 

21 guarantee is no longer outstanding, the eligible 

22 business shall not pay dividends or make other 

23 capital distributions with respect to the common 

24 stock of the eligible business; 
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1 (G) the agreement provides that, until Sep2 tember 30, 2020, the eligible business shall main3 tain its employment levels as of March 24, 2020, 

4 to the extent practicable, and in any case shall 

5 not reduce its employment levels by more than 

6 10 percent from the levels on such date; 

7 (H) the agreement includes a certification 

8 by the eligible business that it is created or orga9 nized in the United States or under the laws of 

10 the United States and has significant operations 

11 in and a majority of its employees based in the 

12 United States; and 

13 (I) for purposes of a loan or loan guarantee 

14 under paragraphs (1), (2), and (3) of subsection 

15 (b), the eligible business must have incurred or 

16 is expected to incur covered losses such that the 

17 continued operations of the business are jeopard18 ized, as determined by the Secretary. 

19 (3) FEDERAL RESERVE PROGRAMS OR FACILI20 TIES.— 

21 (A) TERMS AND CONDITIONS.— 

22 (i) DEFINITION.—In this paragraph, 

23 the term ‘‘direct loan’’ means a loan under 

24 a bilateral loan agreement that is — 
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1 (I) entered into directly with an 

2 eligible business as borrower; and 

3 (II) not part of a syndicated loan, 

4 a loan originated by a financial insti5 tution in the ordinary course of busi6 ness, or a securities or capital markets 

7 transaction. 

8 (ii) RESTRICTIONS.—The Secretary 

9 may make a loan, loan guarantee, or other 

10 investment under subsection (b)(4) as part 

11 of a program or facility that provides direct 

12 loans only if the applicable eligible busi13 nesses agree— 

14 (I) until the date 12 months after 

15 the date on which the direct loan is no 

16 longer outstanding, not to repurchase 

17 an equity security that is listed on a 

18 national securities exchange of the eli19 gible business or any parent company 

20 of the eligible business while the direct 

21 loan is outstanding, except to the ex22 tent required under a contractual obli23 gation that is in effect as of the date 

24 of enactment of this Act; 
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1 (II) until the date 12 months after 

2 the date on which the direct loan is no 

3 longer outstanding, not to pay divi4 dends or make other capital distribu5 tions with respect to the common stock 

6 of the eligible business; and 

7 (III) to comply with the limita8 tions on compensation set forth in sec9 tion 4004. 

10 (iii) WAIVER.—The Secretary may 

11 waive the requirement under clause (ii) 

12 with respect to any program or facility 

13 upon a determination that such waiver is 

14 necessary to protect the interests of the Fed15 eral Government. If the Secretary exercises 

16 a waiver under this clause, the Secretary 

17 shall make himself available to testify before 

18 the Committee on Banking, Housing, and 

19 Urban Affairs of the Senate and the Com20 mittee on Financial Services of the House of 

21 Representatives regarding the reasons for 

22 the waiver. 

23 (B) FEDERAL RESERVE ACT TAXPAYER PRO24 TECTIONS AND OTHER REQUIREMENTS APPLY.— 

25 For the avoidance of doubt, any applicable re-
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1 quirements under section 13(3) of the Federal 

2 Reserve Act (12 U.S.C. 343(3)), including re3 quirements relating to loan collateralization, tax4 payer protection, and borrower solvency, shall 

5 apply with respect to any program or facility 

6 described in subsection (b)(4). 

7 (C) UNITED STATES BUSINESSES.—A pro8 gram or facility in which the Secretary makes a 

9 loan, loan guarantee, or other investment under 

10 subsection (b)(4) shall only purchase obligations 

11 or other interests (other than securities that are 

12 based on an index or that are based on a diversi13 fied pool of securities) from, or make loans or 

14 other advances to, businesses that are created or 

15 organized in the United States or under the laws 

16 of the United States and that have significant 

17 operations in and a majority of its employees 

18 based in the United States. 

19 (D) ASSISTANCE FOR MID-SIZED BUSI20 NESSES.— 

21 (i) IN GENERAL.—Without limiting the 

22 terms and conditions of the programs and 

23 facilities that the Secretary may otherwise 

24 provide financial assistance to under sub25 section (b)(4), the Secretary shall endeavor 
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1 to seek the implementation of a program or 

2 facility described in subsection (b)(4) that 

3 provides financing to banks and other lend4 ers that make direct loans to eligible busi5 nesses including, to the extent practicable, 

6 nonprofit organizations, with between 500 

7 and 10,000 employees, with such direct 

8 loans being subject to an annualized interest 

9 rate that is not higher than 2 percent per 

10 annum. For the first 6 months after any 

11 such direct loan is made, or for such longer 

12 period as the Secretary may determine in 

13 his discretion, no principal or interest shall 

14 be due and payable. Any eligible borrower 

15 applying for a direct loan under this pro16 gram shall make a good-faith certification 

17 that— 

18 (I) the uncertainty of economic 

19 conditions as of the date of the appli20 cation makes necessary the loan request 

21 to support the ongoing operations of 

22 the recipient; 

23 (II) the funds it receives will be 

24 used to retain at least 90 percent of the 

25 recipient’s workforce, at full compensa-
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1 tion and benefits, until September 30, 

2 2020; 

3 (III) the recipient intends to re4 store not less than 90 percent of the 

5 workforce of the recipient that existed 

6 as of February 1, 2020, and to restore 

7 all compensation and benefits to the 

8 workers of the recipient no later than 

9 4 months after the termination date of 

10 the public health emergency declared 

11 by the Secretary of Health and Human 

12 Services on January 31, 2020, under 

13 section 319 of the Public Health Serv14 ices Act (42 U.S.C. 247d) in response 

15 to COVID–19; 

16 (IV) the recipient is an entity or 

17 business that is domiciled in the 

18 United States with significant oper19 ations and employees located in the 

20 United States; 

21 (V) the recipient is not a debtor 

22 in a bankruptcy proceeding; 

23 (VI) the recipient is created or or24 ganized in the United States or under 

25 the laws of the United States and has 
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1 significant operations in and a major2 ity of its employees based in the 

3 United States; 

4 (VII) the recipient will not pay 

5 dividends with respect to the common 

6 stock of the eligible business, or repur7 chase an equity security that is listed 

8 on a national securities exchange of the 

9 recipient or any parent company of 

10 the recipient while the direct loan is 

11 outstanding, except to the extent re12 quired under a contractual obligation 

13 that is in effect as of the date of enact14 ment of this Act; 

15 (VIII) the recipient will not 

16 outsource or offshore jobs for the term 

17 of the loan and 2 years after com18 pleting repayment of the loan; 

19 (IX) the recipient will not abro20 gate existing collective bargaining 

21 agreements for the term of the loan and 

22 2 years after completing repayment of 

23 the loan; and 
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1 (X) that the recipient will remain 

2 neutral in any union organizing effort 

3 for the term of the loan. 

4 (ii) MAIN STREET LENDING PRO5 GRAM.—Nothing in this subparagraph shall 

6 limit the discretion of the Board of Gov7 ernors of the Federal Reserve System to es8 tablish a Main Street Lending Program or 

9 other similar program or facility that sup10 ports lending to small and mid-sized busi11 nesses on such terms and conditions as the 

12 Board may set consistent with section 13(3) 

13 of the Federal Reserve Act (12 U.S.C. 

14 343(3)), including any such program in 

15 which the Secretary makes a loan, loan 

16 guarantee, or other investment under sub17 section (b)(4). 

18 (E) GOVERNMENT PARTICIPANTS.—The Sec19 retary shall endeavor to seek the implementation 

20 of a program or facility in accordance with sub21 section (b)(4) that provides liquidity to the fi22 nancial system that supports lending to States 

23 and municipalities. 

24 (d) FINANCIAL PROTECTION OF GOVERNMENT.— 
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1 (1) WARRANT OR SENIOR DEBT INSTRUMENT.— 

2 The Secretary may not issue a loan to, or a loan 

3 guarantee for, an eligible business under paragraph 

4 (1), (2), or (3) of subsection (b) unless— 

5 (A)(i) the eligible business has issued securi6 ties that are traded on a national securities ex7 change; and 

8 (ii) the Secretary receives a warrant or eq9 uity interest in the eligible business; or 

10 (B) in the case of any eligible business other 

11 than an eligible business described in subpara12 graph (A), the Secretary receives, in the discre13 tion of the Secretary— 

14 (i) a warrant or equity interest in the 

15 eligible business; or 

16 (ii) a senior debt instrument issued by 

17 the eligible business. 

18 (2) TERMS AND CONDITIONS.—The terms and 

19 conditions of any warrant, equity interest, or senior 

20 debt instrument received under paragraph (1) shall be 

21 set by the Secretary and shall meet the following re22 quirements: 

23 (A) PURPOSES.—Such terms and conditions 

24 shall be designed to provide for a reasonable par25 ticipation by the Secretary, for the benefit of tax-
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1 payers, in equity appreciation in the case of a 

2 warrant or other equity interest, or a reasonable 

3 interest rate premium, in the case of a debt in4 strument. 

5 (B) AUTHORITY TO SELL, EXERCISE, OR

6 SURRENDER.—For the primary benefit of tax7 payers, the Secretary may sell, exercise, or sur8 render a warrant or any senior debt instrument 

9 received under this subsection. The Secretary 

10 shall not exercise voting power with respect to 

11 any shares of common stock acquired under this 

12 section. 

13 (C) SUFFICIENCY.—If the Secretary deter14 mines that the eligible business cannot feasibly 

15 issue warrants or other equity interests as re16 quired by this subsection, the Secretary may ac17 cept a senior debt instrument in an amount and 

18 on such terms as the Secretary deems appro19 priate. 

20 (3) PROHIBITION ON LOAN FORGIVENESS.—The 

21 principal amount of any obligation issued by an eli22 gible business, State, or municipality under a pro23 gram described in subsection (b) shall not be reduced 

24 through loan forgiveness. 
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1 (e) DEPOSIT OF PROCEEDS.—Amounts collected under 

2 subsection (b) shall be deposited in the following order of 

3 priority: 

4 (1) Into the financing accounts established under 

5 section 505 of the Federal Credit Reform Act of 1990 

6 (2 U.S.C. 661d) to implement this subtitle, up to an 

7 amount equal to the sum of— 

8 (A) the amount transferred from the appro9 priation made under section 4027 to the financ10 ing accounts; and 

11 (B) the amount necessary to repay any 

12 amount lent from the Treasury to such financing 

13 accounts. 

14 (2) After the deposits specified in paragraph (1) 

15 of this subsection have been made, into the Federal 

16 Old-Age and Survivors Insurance Trust Fund estab17 lished under section 201(a) of the Social Security Act 

18 (42 U.S.C. 401). 

19 (f) ADMINISTRATIVE PROVISIONS.—Notwithstanding 

20 any other provision of law, the Secretary may use not great21 er than $100,000,000 of the funds made available under sec22 tion 4027 to pay costs and administrative expenses associ23 ated with the loans, loan guarantees, and other investments 

24 authorized under this section. The Secretary is authorized 

25 to take such actions as the Secretary deems necessary to 
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1 carry out the authorities in this subtitle, including, without 

2 limitation— 

3 (1) using direct hiring authority to hire employ4 ees to administer this subtitle; 

5 (2) entering into contracts, including contracts 

6 for services authorized by this subtitle; 

7 (3) establishing vehicles that are authorized, sub8 ject to supervision by the Secretary, to purchase, hold, 

9 and sell assets and issue obligations; and 

10 (4) issuing such regulations and other guidance 

11 as may be necessary or appropriate to carry out the 

12 authorities or purposes of this subtitle. 

13 (g) FINANCIAL AGENTS.—The Secretary is authorized 

14 to designate financial institutions, including but not lim15 ited to, depositories, brokers, dealers, and other institutions, 

16 as financial agents of the United States. Such institutions 

17 shall— 

18 (1) perform all reasonable duties the Secretary 

19 determines necessary to respond to the coronavirus; 

20 and 

21 (2) be paid for such duties using appropriations 

22 available to the Secretary to reimburse financial in23 stitutions in their capacity as financial agents of the 

24 United States. 
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1 (h) LOANS MADE BY OR GUARANTEED BY THE DE2 PARTMENT OF THE TREASURY TREATED AS INDEBTEDNESS

3 FOR TAX PURPOSES.— 

4 (1) IN GENERAL.—Any loan made by or guaran5 teed by the Department of the Treasury under this 

6 section shall be treated as indebtedness for purposes of 

7 the Internal Revenue Code of 1986, shall be treated as 

8 issued for its stated principal amount, and stated in9 terest on such loans shall be treated as qualified stat10 ed interest. 

11 (2) REGULATIONS OR GUIDANCE.—The Secretary 

12 of the Treasury (or the Secretary’s delegate) shall pre13 scribe such regulations or guidance as may be nec14 essary or appropriate to carry out the purposes of 

15 this section, including guidance providing that the 

16 acquisition of warrants, stock options, common or 

17 preferred stock or other equity under this section does 

18 not result in an ownership change for purposes of sec19 tion 382 of the Internal Revenue Code of 1986. 

20 SEC. 4004. LIMITATION ON CERTAIN EMPLOYEE COMPENSA21 TION. 

22 (a) IN GENERAL.—The Secretary may only enter into 

23 an agreement with an eligible business to make a loan or 

24 loan guarantee under paragraph (1), (2) or (3) of section 

25 4003(b) if such agreement provides that, during the period 
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1 beginning on the date on which the agreement is executed 

2 and ending on the date that is 1 year after the date on 

3 which the loan or loan guarantee is no longer out4 standing— 

5 (1) no officer or employee of the eligible business 

6 whose total compensation exceeded $425,000 in cal7 endar year 2019 (other than an employee whose com8 pensation is determined through an existing collective 

9 bargaining agreement entered into prior to March 1, 

10 2020)— 

11 (A) will receive from the eligible business 

12 total compensation which exceeds, during any 12 

13 consecutive months of such period, the total com14 pensation received by the officer or employee 

15 from the eligible business in calendar year 2019; 

16 or 

17 (B) will receive from the eligible business 

18 severance pay or other benefits upon termination 

19 of employment with the eligible business which 

20 exceeds twice the maximum total compensation 

21 received by the officer or employee from the eligi22 ble business in calendar year 2019; and 

23 (2) no officer or employee of the eligible business 

24 whose total compensation exceeded $3,000,000 in cal25 endar year 2019 may receive during any 12 consecu-
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1 tive months of such period total compensation in ex2 cess of the sum of— 

3 (A) $3,000,000; and 

4 (B) 50 percent of the excess over $3,000,000 

5 of the total compensation received by the officer 

6 or employee from the eligible business in cal7 endar year 2019. 

8 (b) TOTAL COMPENSATION DEFINED.—In this section, 

9 the term ‘‘total compensation’’ includes salary, bonuses, 

10 awards of stock, and other financial benefits provided by 

11 an eligible business to an officer or employee of the eligible 

12 business. 

13 SEC. 4005. CONTINUATION OF CERTAIN AIR SERVICE. 

14 The Secretary of Transportation is authorized to re15 quire, to the extent reasonable and practicable, an air car16 rier receiving loans and loan guarantees under section 4003 

17 to maintain scheduled air transportation service as the Sec18 retary of Transportation deems necessary to ensure services 

19 to any point served by that carrier before March 1, 2020. 

20 When considering whether to exercise the authority granted 

21 by this section, the Secretary of Transportation shall take 

22 into consideration the air transportation needs of small and 

23 remote communities and the need to maintain well-func24 tioning health care and pharmaceutical supply chains, in25 cluding for medical devices and supplies. The authority 
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1 under this section, including any requirement issued by the 

2 Secretary under this section, shall terminate on March 1, 

3 2022. 

4 SEC. 4006. COORDINATION WITH SECRETARY OF TRANS5 PORTATION. 

6 In implementing this subtitle with respect to air car7 riers, the Secretary shall coordinate with the Secretary of 

8 Transportation. 

9 SEC. 4007. SUSPENSION OF CERTAIN AVIATION EXCISE 

10 TAXES. 

11 (a) TRANSPORTATION BY AIR.—In the case of any 

12 amount paid for transportation by air (including any 

13 amount treated as paid for transportation by air by reason 

14 of section 4261(e)(3) of the Internal Revenue Code of 1986) 

15 during the excise tax holiday period, no tax shall be im16 posed under section 4261 or 4271 of such Code. The pre17 ceding sentence shall not apply to amounts paid on or be18 fore the date of the enactment of this Act. 

19 (b) USE OF KEROSENE IN COMMERCIAL AVIATION.— 

20 In the case of kerosene used in commercial aviation (as de21 fined in section 4083 of the Internal Revenue Code of 1986) 

22 during the excise tax holiday period— 

23 (1) no tax shall be imposed on such kerosene 

24 under— 
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1 (A) section 4041(c) of the Internal Revenue 

2 Code of 1986, or 

3 (B) section 4081 of such Code (other than at 

4 the rate provided in subsection (a)(2)(B) there5 of), and 

6 (2) section 6427(l) of such Code shall be ap7 plied— 

8 (A) by treating such use as a nontaxable 

9 use, and 

10 (B) without regard to paragraph (4)(A)(ii) 

11 thereof. 

12 (c) EXCISE TAX HOLIDAY PERIOD.—For purposes of 

13 this section, the term ‘‘excise tax holiday period’’ means the 

14 period beginning after the date of the enactment of this sec15 tion and ending before January 1, 2021. 

16 SEC. 4008. DEBT GUARANTEE AUTHORITY. 

17 (a) Section 1105 of the Dodd-Frank Wall Street Re18 form and Consumer Protection Act (12 U.S.C. 5612) is 

19 amended— 

20 (1) in subsection (f)— 

21 (A) by inserting ‘‘in noninterest-bearing 

22 transaction accounts’’ after ‘‘institutions’’; and 

23 (B) by striking ‘‘shall not’’ and inserting 

24 ‘‘may’’; and 

25 (2) by adding at the end the following: 
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1 ‘‘(h) APPROVAL OF GUARANTEE PROGRAM DURING

2 THE COVID–19 CRISIS.— 

3 ‘‘(1) IN GENERAL.—For purposes of the congres4 sional joint resolution of approval provided for in 

5 subsections (c)(1) and (2) and (d), notwithstanding 

6 any other provision of this section, the Federal De7 posit Insurance Corporation is approved upon enact8 ment of this Act to establish a program provided for 

9 in subsection (a), provided that any such program 

10 and any such guarantee shall terminate not later 

11 than December 31, 2020. 

12 ‘‘(2) MAXIMUM AMOUNT.—Any debt guarantee 

13 program authorized by this subsection shall include a 

14 maximum amount of outstanding debt that is guar15 anteed.’’. 

16 (b) FEDERAL CREDIT UNION TRANSACTION ACCOUNT

17 GUARANTEES.—Notwithstanding any other provision of 

18 law and in coordination with the Federal Deposit Insur19 ance Corporation, the National Credit Union Administra20 tion Board may by a vote of the Board increase to unlim21 ited, or such lower amount as the Board approves, the share 

22 insurance coverage provided by the National Credit Union 

23 Share Insurance Fund on any noninterest-bearing trans24 action account in any federally insured credit union with-
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1 out exception, provided that any such increase shall termi2 nate not later than December 31, 2020. 

3 SEC. 4009. TEMPORARY GOVERNMENT IN THE SUNSHINE 

4 ACT RELIEF. 

5 (a) IN GENERAL.—Except as provided in subsection 

6 (b), notwithstanding any other provision of law, if the 

7 Chairman of the Board of Governors of the Federal Reserve 

8 System determines, in writing, that unusual and exigent 

9 circumstances exist, the Board may conduct meetings with10 out regard to the requirements of section 552b of title 5, 

11 United States Code, during the period beginning on the date 

12 of enactment of this Act and ending on the earlier of— 

13 (1) the date on which the national emergency 

14 concerning the novel coronavirus disease (COVID–19) 

15 outbreak declared by the President on March 13, 2020 

16 under the National Emergencies Act (50 U.S.C. 1601 

17 et seq.) terminates; or 

18 (2) December 31, 2020. 

19 (b) RECORDS.—The Board of Governors of the Federal 

20 Reserve System shall keep a record of all Board votes and 

21 the reasons for such votes during the period described in 

22 subsection (a). 
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1 SEC. 4010. TEMPORARY HIRING FLEXIBILITY. 

2 (a) DEFINITION.—In this section, the term ‘‘covered 

3 period’’ means the period beginning on the date of enact4 ment of this Act and ending on the sooner of— 

5 (1) the termination date of the national emer6 gency concerning the novel coronavirus disease 

7 (COVID–19) outbreak declared by the President on 

8 March 13, 2020 under the National Emergencies Act 

9 (50 U.S.C. 1601 et seq.); or 

10 (2) December 31, 2020. 

11 (b) AUTHORITY.— During the covered period, the Sec12 retary of Housing and Urban Development, the Securities 

13 and Exchange Commission, and the Commodity Futures 

14 Trading Commission may, without regard to sections 3309 

15 through 3318 of title 5, United States Code, recruit and 

16 appoint candidates to fill temporary and term appoint17 ments within their respective agencies upon a determina18 tion that those expedited procedures are necessary and ap19 propriate to enable the respective agencies to prevent, pre20 pare for, or respond to COVID–19. 

21 SEC. 4011. TEMPORARY LENDING LIMIT WAIVER. 

22 (a) IN GENERAL.—Section 5200 of the Revised Stat23 utes of the United States (12 U.S.C. 84) is amended— 

24 (1) in subsection (c)(7)— 

25 (A) by inserting ‘‘any nonbank financial 

26 company (as that term is defined in section 102 
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1 of the Financial Stability Act of 2010 (12 U.S.C. 

2 5311)),’’ after ‘‘Loans or extensions of credit to’’; 

3 and 

4 (B) by striking ‘‘financial institution or to’’ 

5 and inserting ‘‘financial institution, or to’’; and 

6 (2) in subsection (d), by adding at the end of 

7 paragraph (1) the following: ‘‘The Comptroller of the 

8 Currency may, by order, exempt any transaction or 

9 series of transactions from the requirements of this 

10 section upon a finding by the Comptroller that such 

11 exemption is in the public interest and consistent 

12 with the purposes of this section.’’. 

13 (b) EFFECTIVE PERIOD.—This section, and the 

14 amendments made by this section, shall be effective during 

15 the period beginning on the date of enactment of this Act 

16 and ending on the sooner of— 

17 (1) the termination date of the national emer18 gency concerning the novel coronavirus disease 

19 (COVID–19) outbreak declared by the President on 

20 March 13, 2020 under the National Emergencies Act 

21 (50 U.S.C. 1601 et seq.); or 

22 (2) December 31, 2020. 

23 SEC. 4012. TEMPORARY RELIEF FOR COMMUNITY BANKS. 

24 (a) DEFINITIONS.—In this section— 
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1 (1) the term ‘‘appropriate Federal banking agen2 cy’’ has the meaning given the term in section 2 of 

3 the Economic Growth, Regulatory Relief, and Con4 sumer Protection Act (12 U.S.C. 5365 note); and 

5 (2) the terms ‘‘Community Bank Leverage 

6 Ratio’’ and ‘‘qualifying community bank’’ have the 

7 meanings given the terms in section 201(a) of the 

8 Economic Growth, Regulatory Relief, and Consumer 

9 Protection Act (12 U.S.C. 5371 note). 

10 (b) INTERIM RULE.— 

11 (1) IN GENERAL.—Notwithstanding any other 

12 provision of law or regulation, the appropriate Fed13 eral banking agencies shall issue an interim final rule 

14 that provides that, for the purposes of section 201 of 

15 the Economic Growth, Regulatory Relief, and Con16 sumer Protection Act (12 U.S.C. 5371 note)— 

17 (A) the Community Bank Leverage Ratio 

18 shall be 8 percent; and 

19 (B) a qualifying community bank that falls 

20 below the Community Bank Leverage Ratio es21 tablished under subparagraph (A) shall have a 

22 reasonable grace period to satisfy the Commu23 nity Bank Leverage Ratio. 

24 (2) EFFECTIVE PERIOD.—The interim rule 

25 issued under paragraph (1) shall be effective during 
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1 the period beginning on the date on which the appro2 priate Federal banking agencies issue the rule and 

3 ending on the sooner of— 

4 (A) the termination date of the national 

5 emergency concerning the novel coronavirus dis6 ease (COVID–19) outbreak declared by the Presi7 dent on March 13, 2020 under the National 

8 Emergencies Act (50 U.S.C. 1601 et seq.); or 

9 (B) December 31, 2020. 

10 (c) GRACE PERIOD.—During a grace period described 

11 in subsection (b)(1)(B), a qualifying community bank to 

12 which the grace period applies may continue to be treated 

13 as a qualifying community bank and shall be presumed to 

14 satisfy the capital and leverage requirements described in 

15 section 201(c) of the Economic Growth, Regulatory Relief, 

16 and Consumer Protection Act (12 U.S.C. 5371 note). 

17 SEC. 4013. TEMPORARY RELIEF FROM TROUBLED DEBT 

18 RESTRUCTURINGS. 

19 (a) DEFINITIONS.—In this section: 

20 (1) APPLICABLE PERIOD.—The term ‘‘applicable 

21 period’’ means the period beginning on March 1, 2020 

22 and ending on the earlier of December 31, 2020, or 

23 the date that is 60 days after the date on which the 

24 national emergency concerning the novel coronavirus 

25 disease (COVID–19) outbreak declared by the Presi-
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1 dent on March 13, 2020 under the National Emer2 gencies Act (50 U.S.C. 1601 et seq.) terminates. 

3 (2) APPROPRIATE FEDERAL BANKING AGENCY.— 

4 The term ‘‘appropriate Federal banking agency’’— 

5 (A) has the meaning given the term in sec6 tion 3 of the Federal Deposit Insurance Act (12 

7 U.S.C. 1813); and 

8 (B) includes the National Credit Union Ad9 ministration. 

10 (b) SUSPENSION.— 

11 (1) IN GENERAL.—During the applicable period, 

12 a financial institution may elect to— 

13 (A) suspend the requirements under United 

14 States generally accepted accounting principles 

15 for loan modifications related to the coronavirus 

16 disease 2019 (COVID–19) pandemic that would 

17 otherwise be categorized as a troubled debt re18 structuring; and 

19 (B) suspend any determination of a loan 

20 modified as a result of the effects of the 

21 coronavirus disease 2019 (COVID–19) pandemic 

22 as being a troubled debt restructuring, including 

23 impairment for accounting purposes. 

24 (2) APPLICABILITY.—Any suspension under 

25 paragraph (1)— 
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1 (A) shall be applicable for the term of the 

2 loan modification, but solely with respect to any 

3 modification, including a forbearance arrange4 ment, an interest rate modification, a repayment 

5 plan, and any other similar arrangement that 

6 defers or delays the payment of principal or in7 terest, that occurs during the applicable period 

8 for a loan that was not more than 30 days past 

9 due as of December 31, 2019; and 

10 (B) shall not apply to any adverse impact 

11 on the credit of a borrower that is not related to 

12 the coronavirus disease 2019 (COVID–19) pan13 demic. 

14 (c) DEFERENCE.—The appropriate Federal banking 

15 agency of the financial institution shall defer to the deter16 mination of the financial institution to make a suspension 

17 under this section. 

18 (d) RECORDS.—For modified loans for which suspen19 sions under subsection (a) apply— 

20 (1) financial institutions should continue to 

21 maintain records of the volume of loans involved; and 

22 (2) the appropriate Federal banking agencies 

23 may collect data about such loans for supervisory 

24 purposes. 
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1 SEC. 4014. OPTIONAL TEMPORARY RELIEF FROM CURRENT 

2 EXPECTED CREDIT LOSSES. 

3 (a) DEFINITIONS.—In this section: 

4 (1) APPROPRIATE FEDERAL BANKING AGENCY.— 

5 The term ‘‘appropriate Federal banking agency’’— 

6 (A) has the meaning given the term in sec7 tion 3 of the Federal Deposit Insurance Act (12 

8 U.S.C. 1813); and 

9 (B) includes the National Credit Union Ad10 ministration. 

11 (2) INSURED DEPOSITORY INSTITUTION.—The 

12 term ‘‘insured depository institution’’— 

13 (A) has the meaning given the term in sec14 tion 3 of the Federal Deposit Insurance Act (12 

15 U.S.C. 1813); and 

16 (B) includes a credit union. 

17 (b) TEMPORARY RELIEF FROM CECL STANDARDS.— 

18 Notwithstanding any other provision of law, no insured de19 pository institution, bank holding company, or any affiliate 

20 thereof shall be required to comply with the Financial Ac21 counting Standards Board Accounting Standards Update 

22 No. 2016–13 (‘‘Measurement of Credit Losses on Financial 

23 Instruments’’), including the current expected credit losses 

24 methodology for estimating allowances for credit losses, dur25 ing the period beginning on the date of enactment of this 

26 Act and ending on the earlier of— 
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1 (1) the date on which the national emergency 

2 concerning the novel coronavirus disease (COVID–19) 

3 outbreak declared by the President on March 13, 2020 

4 under the National Emergencies Act (50 U.S.C. 1601 

5 et seq.) terminates; or 

6 (2) December 31, 2020. 

7 SEC. 4015. NON-APPLICABILITY OF RESTRICTIONS ON ESF 

8 DURING NATIONAL EMERGENCY. 

9 (a) IN GENERAL.—Section 131 of the Emergency Eco10 nomic Stabilization Act of 2008 (12 U.S.C. 5236) shall not 

11 apply during the period beginning on the date of enactment 

12 of this Act and ending on December 31, 2020. Any guar13 antee established as a result of the application of subsection 

14 (a) shall— 

15 (1) be limited to a guarantee of the total value 

16 of a shareholder’s account in a participating fund as 

17 of the close of business on the day before the an18 nouncement of the guarantee; and 

19 (2) terminate not later than December 31, 2020. 

20 (b) DIRECT APPROPRIATION.—Upon the expiration of 

21 the period described in subsection (a), there is appropriated, 

22 out of amounts in the Treasury not otherwise appropriated, 

23 such sums as may be necessary to reimburse the fund estab24 lished under section 5302(a)(1) of title 31, United States 

25 Code, for any funds that are used for the Treasury Money 
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1 Market Funds Guaranty Program for the United States 

2 money market mutual fund industry to the extent a claim 

3 payment made exceeds the balance of fees collected by the 

4 fund. 

5 SEC. 4016. TEMPORARY CREDIT UNION PROVISIONS. 

6 (a) IN GENERAL.— 

7 (1) DEFINITIONS.—Section 302(1) of the Federal 

8 Credit Union Act (12 U.S.C. 1795a(1)) is amended, 

9 in the matter preceding subparagraph (A), by strik10 ing ‘‘primarily serving natural persons’’. 

11 (2) MEMBERSHIP.—Section 304(b)(2) of the Fed12 eral Credit Union Act (12 U.S.C. 1795c(b)(2)) is 

13 amended by striking ‘‘all those credit unions’’ and in14 serting ‘‘such credit unions as the Board may in its 

15 discretion determine’’. 

16 (3) EXTENSIONS OF CREDIT.—Section 306(a)(1) 

17 of the Federal Credit Union Act (12 U.S.C. 

18 1795e(a)(1)) is amended, in the second sentence, by 

19 striking ‘‘the intent of which is to expand credit 

20 union portfolios’’ and inserting ‘‘without first having 

21 obtained evidence from the applicant that the appli22 cant has made reasonable efforts to first use primary 

23 sources of liquidity of the applicant, including bal24 ance sheet and market funding sources, to address the 

25 liquidity needs of the applicant’’. 
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1 (4) POWERS OF THE BOARD.—Section 

2 307(a)(4)(A) of the Federal Credit Union Act (12 

3 U.S.C. 1795f(a)(4)(A)) is amended by inserting ‘‘, 

4 provided that, the total face value of such obligations 

5 shall not exceed 16 times the subscribed capital stock 

6 and surplus of the Facility for the period beginning 

7 on the date of enactment of the Coronavirus Economic 

8 Stabilization Act of 2020 and ending on December 

9 31, 2020’’ after ‘‘Facility’’. 

10 (b) SUNSET.— 

11 (1) IN GENERAL.— 

12 (A) DEFINITIONS.—Section 302(1) of the 

13 Federal Credit Union Act (12 U.S.C. 1795a(1)) 

14 is amended, in the matter preceding subpara15 graph (A), by inserting ‘‘primarily serving nat16 ural persons’’ after ‘‘credit unions’’. 

17 (B) MEMBERSHIP.—Section 304(b)(2) of the 

18 Federal Credit Union Act (12 U.S.C. 

19 1795c(b)(2)) is amended by striking ‘‘such credit 

20 unions as the Board may in its discretion deter21 mine’’ and inserting ‘‘all those credit unions’’. 

22 (C) EXTENSIONS OF CREDIT.—Section 

23 306(a)(1) of the Federal Credit Union Act (12 

24 U.S.C. 1795e(a)(1)) is amended, in the second 

25 sentence, by striking ‘‘without first having ob-
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1 tained evidence from the applicant that the ap2 plicant has made reasonable efforts to first use 

3 primary sources of liquidity of the applicant, in4 cluding balance sheet and market funding 

5 sources, to address the liquidity needs of the ap6 plicant’’ and inserting ‘‘the intent of which is to 

7 expand credit union portfolios’’. 

8 (2) EFFECTIVE DATE.—The amendments made 

9 by paragraph (1) shall take effect on December 31, 

10 2020. 

11 SEC. 4017. INCREASING ACCESS TO MATERIALS NECESSARY 

12 FOR NATIONAL SECURITY AND PANDEMIC RE13 COVERY. 

14 Notwithstanding any other provision of law— 

15 (1) during the 2-year period beginning on the 

16 date of enactment of this Act, the requirements de17 scribed in sections 303(a)(6)(C) and 304(e) of the De18 fense Production Act of 1950 (50 U.S.C. 

19 4533(a)(6)(C), 4534(e)) shall not apply; and 

20 (2) during the 1-year period beginning on the 

21 date of enactment of this Act, the requirements de22 scribed in sections 302(d)(1) and 303 (a)(6)(B) of the 

23 Defense Production Act of 1950 (50 U.S.C. 

24 4532(d)(1), 4533(a)(6)(B)) shall not apply. 
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1 SEC. 4018. SPECIAL INSPECTOR GENERAL FOR PANDEMIC 

2 RECOVERY. 

3 (a) OFFICE OF INSPECTOR GENERAL.—There is hereby 

4 established within the Department of the Treasury the Of5 fice of the Special Inspector General for Pandemic Recov6 ery. 

7 (b) APPOINTMENT OF INSPECTOR GENERAL; RE8 MOVAL.— 

9 (1) IN GENERAL.—The head of the Office of the 

10 Special Inspector General for Pandemic Recovery 

11 shall be the Special Inspector General for Pandemic 

12 Recovery (referred to in this section as the ‘‘Special 

13 Inspector General’’), who shall be appointed by the 

14 President, by and with the advice and consent of the 

15 Senate. 

16 (2) NOMINATION.—The nomination of the Spe17 cial Inspector General shall be made on the basis of 

18 integrity and demonstrated ability in accounting, au19 diting, financial analysis, law, management analysis, 

20 public administration, or investigations. The nomina21 tion of an individual as Special Inspector General 

22 shall be made as soon as practicable after any loan, 

23 loan guarantee, or other investment is made under 

24 section 4003. 

25 (3) REMOVAL.—The Special Inspector General 

26 shall be removable from office in accordance with the 
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1 provisions of section 3(b) of the Inspector General Act 

2 of 1978 (5 U.S.C. App.). 

3 (4) POLITICAL ACTIVITY.—For purposes of sec4 tion 7324 of title 5, United States Code, the Special 

5 Inspector General shall not be considered an employee 

6 who determines policies to be pursued by the United 

7 States in the nationwide administration of Federal 

8 law. 

9 (5) BASIC PAY.—The annual rate of basic pay of 

10 the Special Inspector General shall be the annual rate 

11 of basic pay for an Inspector General under section 

12 3(e) of the Inspector General Act of 1978 (5 U.S.C. 

13 App.). 

14 (c) DUTIES.— 

15 (1) IN GENERAL.—It shall be the duty of the 

16 Special Inspector General to, in accordance with sec17 tion 4(b)(1) of the Inspector General Act of 1978 (5 

18 U.S.C. App.), conduct, supervise, and coordinate au19 dits and investigations of the making, purchase, man20 agement, and sale of loans, loan guarantees, and other 

21 investments made by the Secretary of the Treasury 

22 under any program established by the Secretary 

23 under this Act, and the management by the Secretary 

24 of any program established under this Act, including 
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1 by collecting and summarizing the following informa2 tion: 

3 (A) A description of the categories of the 

4 loans, loan guarantees, and other investments 

5 made by the Secretary. 

6 (B) A listing of the eligible businesses re7 ceiving loan, loan guarantees, and other invest8 ments made under each category described in 

9 subparagraph (A). 

10 (C) An explanation of the reasons the Sec11 retary determined it to be appropriate to make 

12 each loan or loan guarantee under this Act, in13 cluding a justification of the price paid for, and 

14 other financial terms associated with, the appli15 cable transaction. 

16 (D) A listing of, and detailed biographical 

17 information with respect to, each person hired to 

18 manage or service each loan, loan guarantee, or 

19 other investment made under section 4003. 

20 (E) A current, as of the date on which the 

21 information is collected, estimate of the total 

22 amount of each loan, loan guarantee, and other 

23 investment made under this Act that is out24 standing, the amount of interest and fees accrued 

25 and received with respect to each loan or loan 
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1 guarantee, the total amount of matured loans, 

2 the type and amount of collateral, if any, and 

3 any losses or gains, if any, recorded or accrued 

4 for each loan, loan guarantee, or other invest5 ment. 

6 (2) MAINTENANCE OF SYSTEMS.—The Special 

7 Inspector General shall establish, maintain, and over8 see such systems, procedures, and controls as the Spe9 cial Inspector General considers appropriate to dis10 charge the duties of the Special Inspector General 

11 under paragraph (1). 

12 (3) ADDITIONAL DUTIES AND RESPONSIBIL13 ITIES.—In addition to the duties described in para14 graphs (1) and (2), the Special Inspector General 

15 shall also have the duties and responsibilities of in16 spectors general under the Inspector General Act of 

17 1978 (5 U.S.C. App.). 

18 (d) POWERS AND AUTHORITIES.— 

19 (1) IN GENERAL.—In carrying out the duties of 

20 the Special Inspector General under subsection (c), 

21 the Special Inspector General shall have the authori22 ties provided in section 6 of the Inspector General Act 

23 of 1978 (5 U.S.C. App.). 

24 (2) TREATMENT OF OFFICE.—The Office of the 

25 Special Inspector General for Pandemic Recovery 
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1 shall be considered to be an office described in section 

2 6(f)(3) of the Inspector General Act of 1978 (5 U.S.C. 

3 App.) and shall be exempt from an initial determina4 tion by the Attorney General under section 6(f)(2) of 

5 that Act. 

6 (e) PERSONNEL, FACILITIES, AND OTHER RE7 SOURCES.— 

8 (1) APPOINTMENT OF OFFICERS AND EMPLOY9 EES.—The Special Inspector General may select, ap10 point, and employ such officers and employees as may 

11 be necessary for carrying out the duties of the Special 

12 Inspector General, subject to the provisions of title 5, 

13 United States Code, governing appointments in the 

14 competitive service, and the provisions of chapter 51 

15 and subchapter III of chapter 53 of that title, relating 

16 to classification and General Schedule pay rates. 

17 (2) EXPERTS AND CONSULTANTS.—The Special 

18 Inspector General may obtain services as authorized 

19 under section 3109 of title 5, United States Code, at 

20 daily rates not to exceed the equivalent rate prescribed 

21 for grade GS–15 of the General Schedule by section 

22 5332 of that title. 

23 (3) CONTRACTS.—The Special Inspector General 

24 may enter into contracts and other arrangements for 

25 audits, studies, analyses, and other services with pub-
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1 lic agencies and with private persons, and make such 

2 payments as may be necessary to carry out the duties 

3 of the Inspector General. 

4 (4) REQUESTS FOR INFORMATION.— 

5 (A) IN GENERAL.—Upon request of the Spe6 cial Inspector General for information or assist7 ance from any department, agency, or other enti8 ty of the Federal Government, the head of that 

9 department, agency, or entity shall, to the extent 

10 practicable and not in contravention of any ex11 isting law, furnish that information or assist12 ance to the Special Inspector General, or an au13 thorized designee. 

14 (B) REFUSAL TO PROVIDE REQUESTED IN15 FORMATION.—Whenever information or assist16 ance requested by the Special Inspector General 

17 is, in the judgment of the Special Inspector Gen18 eral, unreasonably refused or not provided, the 

19 Special Inspector General shall report the cir20 cumstances to the appropriate committees of 

21 Congress without delay. 

22 (f) REPORTS.— 

23 (1) QUARTERLY REPORTS.— 

24 (A) IN GENERAL.—Not later than 60 days 

25 after the date on which the Special Inspector 
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1 General is confirmed, and once every calendar 

2 quarter thereafter, the Special Inspector General 

3 shall submit to the appropriate committees of 

4 Congress a report summarizing the activities of 

5 the Special Inspector General during the 3- 

6 month period ending on the date on which the 

7 Special Inspector General submits the report. 

8 (B) CONTENTS.—Each report submitted 

9 under subparagraph (A) shall include, for the pe10 riod covered by the report, a detailed statement 

11 of all loans, loan guarantees, other transactions, 

12 obligations, expenditures, and revenues associ13 ated with any program established by the Sec14 retary under section 4003, as well as the infor15 mation collected under subsection (c)(1). 

16 (2) RULE OF CONSTRUCTION.—Nothing in this 

17 subsection may be construed to authorize the public 

18 disclosure of information that is— 

19 (A) specifically prohibited from disclosure 

20 by any other provision of law; 

21 (B) specifically required by Executive order 

22 to be protected from disclosure in the interest of 

23 national defense or national security or in the 

24 conduct of foreign affairs; or 
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1 (C) a part of an ongoing criminal inves2 tigation. 

3 (g) FUNDING.— 

4 (1) IN GENERAL.—Of the amounts made avail5 able to the Secretary under section 4027, $25,000,000 

6 shall be made available to the Special Inspector Gen7 eral to carry out this section. 

8 (2) AVAILABILITY.—The amounts made available 

9 to the Special Inspector General under paragraph (1) 

10 shall remain available until expended. 

11 (h) TERMINATION.—The Office of the Special Inspector 

12 General shall terminate on the date 5 years after the enact13 ment of this Act. 

14 (i) COUNCIL OF THE INSPECTORS GENERAL ON INTEG15 RITY AND EFFICIENCY.—The Special Inspector General 

16 shall be a member of the Council of the Inspectors General 

17 on Integrity and Efficiency established under section 11 of 

18 the Inspector General Act of 1978 (5 U.S.C. App.) until 

19 the date of termination of the Office of the Special Inspector 

20 General. 

21 (j) CORRECTIVE RESPONSES TO AUDIT PROBLEMS.— 

22 The Secretary shall— 

23 (1) take action to address deficiencies identified 

24 by a report or investigation of the Special Inspector 

25 General; or 
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1 (2) with respect to a deficiency identified under 

2 paragraph (1), certify to the Committee on Banking, 

3 Housing, and Urban Affairs of the Senate, the Com4 mittee on Finance of the Senate, the Committee on 

5 Financial Services of the House of Representatives, 

6 and the Committee on Ways and Means of the House 

7 of Representatives that no action is necessary or ap8 propriate. 

9 SEC. 4019. CONFLICTS OF INTEREST. 

10 (a) DEFINITIONS.—In this section: 

11 (1) CONTROLLING INTEREST.—The term ‘‘con12 trolling interest’’ means owning, controlling, or hold13 ing not less than 20 percent, by vote or value, of the 

14 outstanding amount of any class of equity interest in 

15 an entity. 

16 (2) COVERED ENTITY.—The term ‘‘covered enti17 ty’’ means an entity in which a covered individual 

18 directly or indirectly holds a controlling interest. For 

19 the purpose of determining whether an entity is a 

20 covered entity, the securities owned, controlled, or held 

21 by 2 or more individuals who are related as described 

22 in paragraph (3)(B) shall be aggregated. 

23 (3) COVERED INDIVIDUAL.—The term ‘‘covered 

24 individual’’ means— 
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1 (A) the President, the Vice President, the 

2 head of an Executive department, or a Member 

3 of Congress; and 

4 (B) the spouse, child, son-in-law, or daugh5 ter-in-law, as determined under applicable com6 mon law, of an individual described in subpara7 graph (A). 

8 (4) EXECUTIVE DEPARTMENT.—The term ‘‘Exec9 utive department’’ has the meaning given the term in 

10 section 101 of title 5, United States Code. 

11 (5) MEMBER OF CONGRESS.—The term ‘‘member 

12 of Congress’’ means a member of the Senate or House 

13 of Representatives, a Delegate to the House of Rep14 resentatives, and the Resident Commissioner from 

15 Puerto Rico. 

16 (6) EQUITY INTEREST.—The term ‘‘equity inter17 est’’ means— 

18 (A) a share in an entity, without regard to 

19 whether the share is— 

20 (i) transferable; or 

21 (ii) classified as stock or anything 

22 similar; 

23 (B) a capital or profit interest in a limited 

24 liability company or partnership; or 
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1 (C) a warrant or right, other than a right 

2 to convert, to purchase, sell, or subscribe to a 

3 share or interest described in subparagraph (A) 

4 or (B), respectively. 

5 (b) PROHIBITION.—Notwithstanding any other provi6 sion of this subtitle, no covered entity may be eligible for 

7 any transaction described in section 4003. 

8 (c) REQUIREMENT.—The principal executive officer 

9 and the principal financial officer, or individuals per10 forming similar functions, of an entity seeking to enter a 

11 transaction under section 4003 shall, before that trans12 action is approved, certify to the Secretary and the Board 

13 of Governors of the Federal Reserve System that the entity 

14 is eligible to engage in that transaction, including that the 

15 entity is not a covered entity. 

16 SEC. 4020. CONGRESSIONAL OVERSIGHT COMMISSION. 

17 (a) ESTABLISHMENT.—There is hereby established the 

18 Congressional Oversight Commission (hereafter in this sec19 tion referred to as the ‘‘Oversight Commission’’) as an es20 tablishment in the legislative branch. 

21 (b) DUTIES.— 

22 (1) IN GENERAL.—The Oversight Commission 

23 shall— 

24 (A) conduct oversight of the implementation 

25 of this subtitle by the Department of the Treas-
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1 ury and the Board of Governors of the Federal 

2 Reserve System, including efforts of the Depart3 ment and the Board to provide economic sta4 bility as a result of the coronavirus disease 2019 

5 (COVID–19) pandemic of 2020; 

6 (B) submit to Congress reports under para7 graph (2); and 

8 (C) review the implementation of this sub9 title by the Federal Government. 

10 (2) REGULAR REPORTS.— 

11 (A) IN GENERAL.—Reports of the Oversight 

12 Commission shall include the following: 

13 (i) The use by the Secretary and the 

14 Board of Governors of the Federal Reserve 

15 System of authority under this subtitle, in16 cluding with respect to the use of con17 tracting authority and administration of 

18 the provisions of this subtitle. 

19 (ii) The impact of loans, loan guaran20 tees, and investments made under this sub21 title on the financial well-being of the peo22 ple of the United States and the United 

23 States economy, financial markets, and fi24 nancial institutions. 
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1 (iii) The extent to which the informa2 tion made available on transactions under 

3 this subtitle has contributed to market 

4 transparency. 

5 (iv) The effectiveness of loans, loan 

6 guarantees, and investments made under 

7 this subtitle of minimizing long-term costs 

8 to the taxpayers and maximizing the bene9 fits for taxpayers. 

10 (B) TIMING.—The reports required under 

11 this paragraph shall be submitted not later than 

12 30 days after the first exercise by the Secretary 

13 and the Board of Governors of the Federal Re14 serve System of the authority under this subtitle 

15 and every 30 days thereafter. 

16 (c) MEMBERSHIP.— 

17 (1) IN GENERAL.—The Oversight Commission 

18 shall consist of 5 members as follows: 

19 (A) 1 member appointed by the Speaker of 

20 the House of Representatives. 

21 (B) 1 member appointed by the minority 

22 leader of the House of Representatives. 

23 (C) 1 member appointed by the majority 

24 leader of the Senate. 
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1 (D) 1 member appointed by the minority 

2 leader of the Senate. 

3 (E) 1 member appointed as Chairperson by 

4 the Speaker of the House of Representatives and 

5 the majority leader of the Senate, after consulta6 tion with the minority leader of the Senate and 

7 the minority leader of the House of Representa8 tives 

9 (2) PAY.—Each member of the Oversight Com10 mission shall be paid at a rate equal to the daily 

11 equivalent of the annual rate of basic pay for level I 

12 of the Executive Schedule for each day (including 

13 travel time) during which such member is engaged in 

14 the actual performance of duties vested in the Over15 sight Commission. 

16 (3) PROHIBITION OF COMPENSATION OF FED17 ERAL EMPLOYEES.—Members of the Oversight Com18 mission who are full-time officers or employees of the 

19 United States may not receive additional pay, allow20 ances, or benefits by reason of their service on the 

21 Oversight Commission. 

22 (4) TRAVEL EXPENSES.—Each member shall re23 ceive travel expenses, including per diem in lieu of 

24 subsistence, in accordance with applicable provisions 
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1 under subchapter I of chapter 57 of title 5, United 

2 States Code. 

3 (5) QUORUM.—Four members of the Oversight 

4 Commission shall constitute a quorum but a lesser 

5 number may hold hearings. 

6 (6) VACANCIES.—A vacancy on the Oversight 

7 Commission shall be filled in the manner in which 

8 the original appointment was made. 

9 (7) MEETINGS.—The Oversight Commission shall 

10 meet at the call of the Chairperson or a majority of 

11 its members. 

12 (d) STAFF.— 

13 (1) IN GENERAL.—The Oversight Commission 

14 may appoint and fix the pay of any personnel as the 

15 Oversight Commission considers appropriate. 

16 (2) EXPERTS AND CONSULTANTS.—The Oversight 

17 Commission may procure temporary and intermittent 

18 services under section 3109(b) of title 5, United States 

19 Code. 

20 (3) STAFF OF AGENCIES.—Upon request of the 

21 Oversight Commission, the head of any Federal de22 partment or agency may detail, on a reimbursable 

23 basis, any of the personnel of that department or 

24 agency to the Oversight Commission to assist it in 

25 carrying out its duties under the this subtitle. 
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1 (e) POWERS.— 

2 (1) HEARINGS AND EVIDENCE.—The Oversight 

3 Commission, or any subcommittee or member thereof, 

4 may, for the purpose of carrying out this section hold 

5 hearings, sit and act at times and places, take testi6 mony, and receive evidence as the Oversight Commis7 sion considers appropriate and may administer oaths 

8 or affirmations to witnesses appearing before it. 

9 (2) CONTRACTING.—The Oversight Commission 

10 may, to such extent and in such amounts as are pro11 vided in appropriation Acts, enter into contracts to 

12 enable the Oversight Commission to discharge its du13 ties under this section. 

14 (3) POWERS OF MEMBERS AND AGENTS.—Any 

15 member or agent of the Oversight Commission may, 

16 if authorized by the Oversight Commission, take any 

17 action which the Oversight Commission is authorized 

18 to take by this section. 

19 (4) OBTAINING OFFICIAL DATA.—The Oversight 

20 Commission may secure directly from any depart21 ment or agency of the United States information nec22 essary to enable it to carry out this section. Upon re23 quest of the Chairperson of the Oversight Commission, 

24 the head of that department or agency shall furnish 

25 that information to the Oversight Commission. 
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1 (5) REPORTS.—The Oversight Commission shall 

2 receive and consider all reports required to be sub3 mitted to the Oversight Commission under this sub4 title. 

5 (f) TERMINATION.—The Oversight Commission shall 

6 terminate on September 30, 2025. 

7 (g) FUNDING FOR EXPENSES.— 

8 (1) AUTHORIZATION OF APPROPRIATIONS.— 

9 There is authorized to be appropriated to the Over10 sight Commission such sums as may be necessary for 

11 any fiscal year, half of which shall be derived from 

12 the applicable account of the House of Representa13 tives, and half of which shall be derived from the con14 tingent fund of the Senate. 

15 (2) REIMBURSEMENT OF AMOUNTS.—An amount 

16 equal to the expenses of the Oversight Commission 

17 shall be promptly transferred by the Secretary and 

18 the Board of Governors of the Federal Reserve System, 

19 from time to time upon the presentment of a state20 ment of such expenses by the Chairperson of the Over21 sight Commission, from funds made available to the 

22 Secretary under this subtitle to the applicable fund of 

23 the House of Representatives and the contingent fund 

24 of the Senate, as appropriate, as reimbursement for 
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1 amounts expended from such account and fund under 

2 paragraph (1). 

3 SEC. 4021. CREDIT PROTECTION DURING COVID–19. 

4 Section 623(a)(1) of the Fair Credit Reporting Act (15 

5 U.S.C. 1681s–2(a)(1)) is amended by adding at the end the 

6 following: 

7 ‘‘(F) REPORTING INFORMATION DURING

8 COVID–19 PANDEMIC.— 

9 ‘‘(i) DEFINITIONS.—In this subsection: 

10 ‘‘(I) ACCOMMODATION.—The term 

11 ‘accommodation’ includes an agree12 ment to defer 1 or more payments, 

13 make a partial payment, forbear any 

14 delinquent amounts, modify a loan or 

15 contract, or any other assistance or re16 lief granted to a consumer who is af17 fected by the coronavirus disease 2019 

18 (COVID–19) pandemic during the cov19 ered period. 

20 ‘‘(II) COVERED PERIOD.—The 

21 term ‘covered period’ means the period 

22 beginning on January 31, 2020 and 

23 ending on the later of— 
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1 ‘‘(aa) 120 days after the date 

2 of enactment of this subpara3 graph; or 

4 ‘‘(bb) 120 days after the date 

5 on which the national emergency 

6 concerning the novel coronavirus 

7 disease (COVID–19) outbreak de8 clared by the President on March 

9 13, 2020 under the National 

10 Emergencies Act (50 U.S.C. 1601 

11 et seq.) terminates. 

12 ‘‘(ii) REPORTING.—Except as provided 

13 in clause (iii), if a furnisher makes an ac14 commodation with respect to 1 or more 

15 payments on a credit obligation or account 

16 of a consumer, and the consumer makes the 

17 payments or is not required to make 1 or 

18 more payments pursuant to the accommo19 dation, the furnisher shall— 

20 ‘‘(I) report the credit obligation or 

21 account as current; or 

22 ‘‘(II) if the credit obligation or ac23 count was delinquent before the accom24 modation— 
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1 ‘‘(aa) maintain the delin2 quent status during the period in 

3 which the accommodation is in ef4 fect; and 

5 ‘‘(bb) if the consumer brings 

6 the credit obligation or account 

7 current during the period de8 scribed in item (aa), report the 

9 credit obligation or account as 

10 current. 

11 ‘‘(iii) EXCEPTION.—Clause (ii) shall 

12 not apply with respect to a credit obligation 

13 or account of a consumer that has been 

14 charged-off.’’. 

15 SEC. 4022. FORECLOSURE MORATORIUM AND CONSUMER 

16 RIGHT TO REQUEST FORBEARANCE. 

17 (a) DEFINITIONS.—In this section: 

18 (1) COVID–19 EMERGENCY.—The term ‘‘COVID– 

19 19 emergency’’ means the national emergency con20 cerning the novel coronavirus disease (COVID–19) 

21 outbreak declared by the President on March 13, 2020 

22 under the National Emergencies Act (50 U.S.C. 1601 

23 et seq.). 

24 (2) FEDERALLY BACKED MORTGAGE LOAN.—The 

25 term ‘‘Federally backed mortgage loan’’ includes any 
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1 loan which is secured by a first or subordinate lien 

2 on residential real property (including individual 

3 units of condominiums and cooperatives) designed 

4 principally for the occupancy of from 1- to 4- fami5 lies that is— 

6 (A) insured by the Federal Housing Admin7 istration under title II of the National Housing 

8 Act (12 U.S.C. 1707 et seq.); 

9 (B) insured under section 255 of the Na10 tional Housing Act (12 U.S.C. 1715z–20); 

11 (C) guaranteed under section 184 or 184A 

12 of the Housing and Community Development Act 

13 of 1992 (12 U.S.C. 1715z–13a, 1715z–13b); 

14 (D) guaranteed or insured by the Depart15 ment of Veterans Affairs; 

16 (E) guaranteed or insured by the Depart17 ment of Agriculture; 

18 (F) made by the Department of Agriculture; 

19 or 

20 (G) purchased or securitized by the Federal 

21 Home Loan Mortgage Corporation or the Federal 

22 National Mortgage Association. 

23 (b) FORBEARANCE.— 

24 (1) IN GENERAL.—During the covered period, a 

25 borrower with a Federally backed mortgage loan expe-
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1 riencing a financial hardship due, directly or indi2 rectly, to the COVID–19 emergency may request for3 bearance on the Federally backed mortgage loan, re4 gardless of delinquency status, by— 

5 (A) submitting a request to the borrower’s 

6 servicer; and 

7 (B) affirming that the borrower is experi8 encing a financial hardship during the COVID– 

9 19 emergency. 

10 (2) DURATION OF FORBEARANCE.—Upon a re11 quest by a borrower for forbearance under paragraph 

12 (1), such forbearance shall be granted for up to 180 

13 days, and shall be extended for an additional period 

14 of up to 180 days at the request of the borrower, pro15 vided that, at the borrower’s request, either the initial 

16 or extended period of forbearance may be shortened. 

17 (3) ACCRUAL OF INTEREST OR FEES.—During a 

18 period of forbearance described in this subsection, no 

19 fees, penalties, or interest beyond the amounts sched20 uled or calculated as if the borrower made all contrac21 tual payments on time and in full under the terms 

22 of the mortgage contract, shall accrue on the bor23 rower’s account. 

24 (c) REQUIREMENTS FOR SERVICERS.— 
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1 (1) IN GENERAL.—Upon receiving a request for 

2 forbearance from a borrower under subsection (b), the 

3 servicer shall with no additional documentation re4 quired other than the borrower’s attestation to a fi5 nancial hardship caused by the COVID–19 emergency 

6 and with no fees, penalties, or interest (beyond the 

7 amounts scheduled or calculated as if the borrower 

8 made all contractual payments on time and in full 

9 under the terms of the mortgage contract) charged to 

10 the borrower in connection with the forbearance, pro11 vide the forbearance for up to 180 days, which may 

12 be extended for an additional period of up to 180 

13 days at the request of the borrower, provided that, the 

14 borrower’s request for an extension is made during 

15 the covered period, and, at the borrower’s request, ei16 ther the initial or extended period of forbearance may 

17 be shortened. 

18 (2) FORECLOSURE MORATORIUM.—Except with 

19 respect to a vacant or abandoned property, a servicer 

20 of a Federally backed mortgage loan may not initiate 

21 any judicial or non-judicial foreclosure process, move 

22 for a foreclosure judgment or order of sale, or execute 

23 a foreclosure-related eviction or foreclosure sale for not 

24 less than the 60-day period beginning on March 18, 

25 2020. 
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1 SEC. 4023. FORBEARANCE OF RESIDENTIAL MORTGAGE 

2 LOAN PAYMENTS FOR MULTIFAMILY PROP3 ERTIES WITH FEDERALLY BACKED LOANS. 

4 (a) IN GENERAL.—During the covered period, a multi5 family borrower with a Federally backed multifamily mort6 gage loan experiencing a financial hardship due, directly 

7 or indirectly, to the COVID–19 emergency may request a 

8 forbearance under the terms set forth in this section. 

9 (b) REQUEST FOR RELIEF.—A multifamily borrower 

10 with a Federally backed multifamily mortgage loan that 

11 was current on its payments as of February 1, 2020, may 

12 submit an oral or written request for forbearance under sub13 section (a) to the borrower’s servicer affirming that the mul14 tifamily borrower is experiencing a financial hardship dur15 ing the COVID–19 emergency. 

16 (c) FORBEARANCE PERIOD.— 

17 (1) IN GENERAL.—Upon receipt of an oral or 

18 written request for forbearance from a multifamily 

19 borrower, a servicer shall— 

20 (A) document the financial hardship; 

21 (B) provide the forbearance for up to 30 

22 days; and 

23 (C) extend the forbearance for up to 2 addi24 tional 30 day periods upon the request of the 

25 borrower provided that, the borrower’s request for 

26 an extension is made during the covered period, 
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1 and, at least 15 days prior to the end of the for2 bearance period described under subparagraph 

3 (B). 

4 (2) RIGHT TO DISCONTINUE.—A multifamily 

5 borrower shall have the option to discontinue the for6 bearance at any time. 

7 (d) RENTER PROTECTIONS DURING FORBEARANCE

8 PERIOD.—A multifamily borrower that receives a forbear9 ance under this section may not, for the duration of the 

10 forbearance— 

11 (1) evict or initiate the eviction of a tenant from 

12 a dwelling unit located in or on the applicable prop13 erty solely for nonpayment of rent or other fees or 

14 charges; or 

15 (2) charge any late fees, penalties, or other 

16 charges to a tenant described in paragraph (1) for 

17 late payment of rent. 

18 (e) NOTICE.—A multifamily borrower that receives a 

19 forbearance under this section— 

20 (1) may not require a tenant to vacate a dwell21 ing unit located in or on the applicable property be22 fore the date that is 30 days after the date on which 

23 the borrower provides the tenant with a notice to va24 cate; and 
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1 (2) may not issue a notice to vacate under para2 graph (1) until after the expiration of the forbearance. 

3 (f) DEFINITIONS.—In this section: 

4 (1) APPLICABLE PROPERTY.—The term ‘‘applica5 ble property’’, with respect to a Federally backed mul6 tifamily mortgage loan, means the residential multi7 family property against which the mortgage loan is 

8 secured by a lien. 

9 (2) FEDERALLY BACKED MULTIFAMILY MORT10 GAGE LOAN.—The term ‘‘Federally backed multi11 family mortgage loan’’ includes any loan (other than 

12 temporary financing such as a construction loan) 

13 that— 

14 (A) is secured by a first or subordinate lien 

15 on residential multifamily real property de16 signed principally for the occupancy of 5 or 

17 more families, including any such secured loan, 

18 the proceeds of which are used to prepay or pay 

19 off an existing loan secured by the same prop20 erty; and 

21 (B) is made in whole or in part, or insured, 

22 guaranteed, supplemented, or assisted in any 

23 way, by any officer or agency of the Federal 

24 Government or under or in connection with a 

25 housing or urban development program adminis-
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1 tered by the Secretary of Housing and Urban 

2 Development or a housing or related program 

3 administered by any other such officer or agency, 

4 or is purchased or securitized by the Federal 

5 Home Loan Mortgage Corporation or the Federal 

6 National Mortgage Association. 

7 (3) MULTIFAMILY BORROWER.—the term ‘‘multi8 family borrower’’ means a borrower of a residential 

9 mortgage loan that is secured by a lien against a 

10 property comprising 5 or more dwelling units. 

11 (4) COVID–19 EMERGENCY.—The term ‘‘COVID– 

12 19 emergency’’ means the national emergency con13 cerning the novel coronavirus disease (COVID–19) 

14 outbreak declared by the President on March 13, 2020 

15 under the National Emergencies Act (50 U.S.C. 1601 

16 et seq.). 

17 (5) COVERED PERIOD.—The term ‘‘covered pe18 riod’’ means the period beginning on the date of en19 actment of this Act and ending on the sooner of— 

20 (A) the termination date of the national 

21 emergency concerning the novel coronavirus dis22 ease (COVID–19) outbreak declared by the Presi23 dent on March 13, 2020 under the National 

24 Emergencies Act (50 U.S.C. 1601 et seq.); or 

25 (B) December 31, 2020. 
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1 SEC. 4024. TEMPORARY MORATORIUM ON EVICTION FIL2 INGS. 

3 (a) DEFINITIONS.—In this section: 

4 (1) COVERED DWELLING.—The term ‘‘covered 

5 dwelling’’ means a dwelling that— 

6 (A) is occupied by a tenant— 

7 (i) pursuant to a residential lease; or 

8 (ii) without a lease or with a lease ter9 minable under State law; and 

10 (B) is on or in a covered property. 

11 (2) COVERED PROPERTY.—The term ‘‘covered 

12 property’’ means any property that— 

13 (A) participates in— 

14 (i) a covered housing program (as de15 fined in section 41411(a) of the Violence 

16 Against Women Act of 1994 (34 U.S.C. 

17 12491(a))); or 

18 (ii) the rural housing voucher program 

19 under section 542 of the Housing Act of 

20 1949 (42 U.S.C. 1490r); or 

21 (B) has a— 

22 (i) Federally backed mortgage loan; or 

23 (ii) Federally backed multifamily 

24 mortgage loan. 

25 (3) DWELLING.—The term ‘‘dwelling’’— 
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1 (A) has the meaning given the term in sec2 tion 802 of the Fair Housing Act (42 U.S.C. 

3 3602); and 

4 (B) includes houses and dwellings described 

5 in section 803(b) of such Act (42 U.S.C. 

6 3603(b)). 

7 (4) FEDERALLY BACKED MORTGAGE LOAN.—The 

8 term ‘‘Federally backed mortgage loan’’ includes any 

9 loan (other than temporary financing such as a con10 struction loan) that— 

11 (A) is secured by a first or subordinate lien 

12 on residential real property (including indi13 vidual units of condominiums and cooperatives) 

14 designed principally for the occupancy of from 1 

15 to 4 families, including any such secured loan, 

16 the proceeds of which are used to prepay or pay 

17 off an existing loan secured by the same prop18 erty; and 

19 (B) is made in whole or in part, or insured, 

20 guaranteed, supplemented, or assisted in any 

21 way, by any officer or agency of the Federal 

22 Government or under or in connection with a 

23 housing or urban development program adminis24 tered by the Secretary of Housing and Urban 

25 Development or a housing or related program 
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1 administered by any other such officer or agency, 

2 or is purchased or securitized by the Federal 

3 Home Loan Mortgage Corporation or the Federal 

4 National Mortgage Association. 

5 (5) FEDERALLY BACKED MULTIFAMILY MORT6 GAGE LOAN.—The term ‘‘Federally backed multi7 family mortgage loan’’ includes any loan (other than 

8 temporary financing such as a construction loan) 

9 that— 

10 (A) is secured by a first or subordinate lien 

11 on residential multifamily real property de12 signed principally for the occupancy of 5 or 

13 more families, including any such secured loan, 

14 the proceeds of which are used to prepay or pay 

15 off an existing loan secured by the same prop16 erty; and 

17 (B) is made in whole or in part, or insured, 

18 guaranteed, supplemented, or assisted in any 

19 way, by any officer or agency of the Federal 

20 Government or under or in connection with a 

21 housing or urban development program adminis22 tered by the Secretary of Housing and Urban 

23 Development or a housing or related program 

24 administered by any other such officer or agency, 

25 or is purchased or securitized by the Federal 
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1 Home Loan Mortgage Corporation or the Federal 

2 National Mortgage Association. 

3 (b) MORATORIUM.—During the 120-day period begin4 ning on the date of enactment of this Act, the lessor of a 

5 covered dwelling may not— 

6 (1) make, or cause to be made, any filing with 

7 the court of jurisdiction to initiate a legal action to 

8 recover possession of the covered dwelling from the 

9 tenant for nonpayment of rent or other fees or 

10 charges; or 

11 (2) charge fees, penalties, or other charges to the 

12 tenant related to such nonpayment of rent. 

13 (c) NOTICE.—The lessor of a covered dwelling unit— 

14 (1) may not require the tenant to vacate the cov15 ered dwelling unit before the date that is 30 days 

16 after the date on which the lessor provides the tenant 

17 with a notice to vacate; and 

18 (2) may not issue a notice to vacate under para19 graph (1) until after the expiration of the period de20 scribed in subsection (b). 

21 SEC. 4025. PROTECTION OF COLLECTIVE BARGAINING 

22 AGREEMENT. 

23 (a) IN GENERAL.—Neither the Secretary, nor any 

24 other actor, department, or agency of the Federal Govern25 ment, shall condition the issuance of a loan or loan guar-
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1 antee under paragraph (1), (2), or (3) of section 4003(b) 

2 of this subtitle on an air carrier’s or eligible business’s im3 plementation of measures to enter into negotiations with 

4 the certified bargaining representative of a craft or class 

5 of employees of the air carrier or eligible business under 

6 the Railway Labor Act (45 U.S.C. 151 et seq.) or the Na7 tional Labor Relations Act (29 U.S.C. 151 et seq.), regard8 ing pay or other terms and conditions of employment. 

9 (b) PERIOD OF EFFECT.—With respect to an air car10 rier or eligible business to which the loan or loan guarantee 

11 is provided under this subtitle, this section shall be in effect 

12 with respect to the air carrier or eligible business beginning 

13 on the date on which the air carrier or eligible business 

14 is first issued such loan or loan guarantee and ending on 

15 the date that is 1 year after the loan or loan guarantee 

16 is no longer outstanding. 

17 SEC. 4026. REPORTS. 

18 (a) DISCLOSURE OF TRANSACTIONS.—Not later than 

19 72 hours after any transaction by the Secretary under 

20 paragraph (1), (2), or (3) of section 4003(b), the Secretary 

21 shall publish on the website of the Department of the Treas22 ury— 

23 (1) a plain-language description of the trans24 action, including the date of application, date of ap25 plication approval, and identity of the counterparty; 
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1 (2) the amount of the loan or loan guarantee; 

2 (3) the interest rate, conditions, and any other 

3 material or financial terms associated with the trans4 action, if applicable; and 

5 (4) a copy of the relevant and final term sheet, 

6 if applicable, and contract or other relevant docu7 mentation regarding the transaction. 

8 (b) REPORTS.— 

9 (1) TO CONGRESS.— 

10 (A) IN GENERAL.—In addition to such re11 ports as are required under section 5302(c) of 

12 title 31, United States Code, not later than 7 

13 days after the Secretary makes any loan or loan 

14 guarantee under paragraph (1), (2), or (3) of 

15 section 4003(b), the Secretary shall submit to the 

16 Chairmen and Ranking Members of the Com17 mittee on Banking, Housing, and Urban Affairs 

18 and the Committee on Finance of the Senate and 

19 the Chairmen and Ranking Members of the Com20 mittee on Financial Services and the Committee 

21 on Ways and Means of the House of Representa22 tives a report summarizing— 

23 (i) an overview of actions taken by the 

24 Secretary under paragraph (1), (2) or (3) of 

25 section 4003(b) during such period; 
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1 (ii) the actual obligation, expenditure, 

2 and disbursements of the funds during such 

3 period; and 

4 (iii) a detailed financial statement 

5 with respect to the exercise of authority 

6 under paragraph (1), (2) or (3) of section 

7 4003(b) showing— 

8 (I) all loans and loan guarantees 

9 made, renewed, or restructured; 

10 (II) all transactions during such 

11 period, including the types of parties 

12 involved; 

13 (III) the nature of the assets pur14 chased; 

15 (IV) a description of the vehicles 

16 established to exercise such authority; 

17 and 

18 (V) any or all repayment activity, 

19 delinquencies or defaults on loans and 

20 loan guarantees issued under para21 graph (1), (2) or (3) of section 4003(b). 

22 (B) PUBLICATION.—Not later than 7 days 

23 after the date on which the Secretary submits a 

24 report under subparagraph (A) to the committees 

25 of Congress described in such subparagraph, the 
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1 Secretary shall publish such report on the 

2 website of the Department of the Treasury. 

3 (C) 30-DAY REPORTS.—Every 30 days dur4 ing such time as a loan or loan guarantee under 

5 paragraph (1), (2), or (3) of section 4003(b) is 

6 outstanding, the Secretary shall publish on the 

7 website of the Department of the Treasury a re8 port summarizing the information set forth in 

9 subparagraph (A). 

10 (2) BOARD OF GOVERNORS.— 

11 (A) IN GENERAL.—With respect to any pro12 gram or facility described in paragraph (4) of 

13 section 4003(b), the Board of Governors of the 

14 Federal Reserve System shall provide to the 

15 Committee on Banking, Housing, and Urban Af16 fairs of the Senate and the Committee on Finan17 cial Services of the House of Representatives such 

18 reports as are required to be provided under sec19 tion 13(3) of the Federal Reserve Act (12 U.S.C. 

20 343(3))— 

21 (i) not later than 7 days after the 

22 Board authorizes a new facility or other fi23 nancial assistance in accordance with sec24 tion 13(3)(C)(i) of the Federal Reserve Act 

25 (12 U.S.C. 343(3)(C)(i)); and 
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1 (ii) once every 30 days with respect to 

2 outstanding loans or financial assistance in 

3 accordance with section 13(3)(C)(ii) of the 

4 Federal Reserve Act (12 U.S.C. 

5 343(3)(C)(ii)). 

6 (B) PUBLICATION.—Not later than 7 days 

7 after the Board of Governors of the Federal Re8 serve System submits a report under subpara9 graph (A) to the committees of Congress de10 scribed in subparagraph (A), the Board shall 

11 publish on its website such report. 

12 (c) TESTIMONY.—The Secretary and the Chairman of 

13 the Board of Governors of the Federal Reserve System shall 

14 testify, on a quarterly basis, before the Committee on Bank15 ing, Housing, and Urban Affairs of the Senate and the 

16 Committee on Financial Services of the House of Represent17 atives regarding the obligations of the Department of the 

18 Treasury and the Federal Reserve System, and transactions 

19 entered into, under this Act. 

20 (d) PROGRAM DESCRIPTIONS.—The Secretary shall 

21 post on the website of the Department of the Treasury all 

22 criteria, guidelines, eligibility requirements, and applica23 tion materials for the making of any loan or loan guarantee 

24 under paragraph (1), (2), or (3) of section 4003(b). 
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1 (e) ADMINISTRATIVE CONTRACTS.—Not later than 24 

2 hours after the Secretary enters into a contract in connec3 tion with the administration of any loan or loan guarantee 

4 authorized to be made under paragraph (1), (2), or (3) of 

5 section 4003(b), the Secretary shall post on the website of 

6 the Department of the Treasury a copy of the contract. 

7 (f) GOVERNMENT ACCOUNTABILITY OFFICE.— 

8 (1) STUDY.—The Comptroller General of the 

9 United States shall conduct a study on the loans, loan 

10 guarantees, and other investments provided under sec11 tion 4003. 

12 (2) REPORT.—Not later than 9 months after the 

13 date of enactment of this Act, and annually thereafter 

14 through the year succeeding the last year for which 

15 loans, loan guarantees, or other investments made 

16 under section 4003 are outstanding, the Comptroller 

17 General shall submit to the Committee on Financial 

18 Services, the Committee on Transportation and Infra19 structure, the Committee on Appropriations, and the 

20 Committee on the Budget of the House of Representa21 tives and the Committee on Banking, Housing, and 

22 Urban Affairs, the Committee on Commerce, Science, 

23 and Transportation, the Committee on Appropria24 tions, and the Committee on the Budget of the Senate 
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1 a report on the loans, loan guarantees, and other in2 vestments made under section 4003. 

3 SEC. 4027. DIRECT APPROPRIATION. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, there is appropriated, out of amounts in the 

6 Treasury not otherwise appropriated, to the fund estab7 lished under section 5302(a)(1) of title 31, United States 

8 Code, $500,000,000,000 to carry out this subtitle. 

9 (b) TECHNICAL AND CONFORMING AMENDMENT.—Sec10 tion 5302(a) of title 31, United States Code, is amended— 

11 (1) by striking ‘‘and’’ before ‘‘section 3’’; and 

12 (2) by inserting ‘‘and the Coronavirus Economic 

13 Stabilization Act of 2020,’’ before ‘‘and for investing’’. 

14 (c) CLARIFICATION.— 

15 (1) IN GENERAL.—On or after January 1, 2021, 

16 any remaining funds made available under section 

17 4003(b) may be used only for— 

18 (A) modifications, restructurings, or other 

19 amendments of loans, loan guarantees, or other 

20 investments in accordance with section 

21 4029(b)(1); and 

22 (B) exercising any options, warrants, or 

23 other investments made prior to January 1, 

24 2021; and 
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1 (C) paying costs and administrative ex2 penses as provided in section 4003(f). 

3 (2) DEFICIT REDUCTION.—On January 1, 2026, 

4 any funds described in paragraph (1) that are re5 maining shall be transferred to the general fund of the 

6 Treasury to be used for deficit reduction. 

7 SEC. 4028. RULE OF CONSTRUCTION. 

8 Nothing in this subtitle shall be construed to allow the 

9 Secretary to provide relief to eligible businesses, States, and 

10 municipalities except in the form of loans, loan guarantees, 

11 and other investments as provided in this subtitle and 

12 under terms and conditions that are in the interest of the 

13 Federal Government. 

14 SEC. 4029. TERMINATION OF AUTHORITY. 

15 (a) IN GENERAL.—Except as provided in subsection 

16 (b), on December 31, 2020, the authority provided under 

17 this subtitle to make new loans, loan guarantees, or other 

18 investments shall terminate. 

19 (b) OUTSTANDING.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), any loan, loan guarantee, or other invest22 ment outstanding on the date described in subsection 

23 (a)— 

24 (A) may be modified, restructured, or other25 wise amended; and 
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1 (B) may not be forgiven. 

2 (2) DURATION.—The duration of any loan or 

3 loan guarantee made under section 4003(b)(1) that is 

4 modified, restructured, or otherwise amended under 

5 paragraph (1) shall not be extended beyond 5 years 

6 from the initial origination date of the loan or loan 

7 guarantee. 

8 Subtitle B—Air Carrier Worker 

9 Support 

10 SEC. 4111. DEFINITIONS. 

11 Unless otherwise specified, the terms in section 

12 40102(a) of title 49, United States Code, shall apply to this 

13 subtitle, except that— 

14 (1) the term ‘‘airline catering employee’’ means 

15 an employee who performs airline catering services; 

16 (2) the term ‘‘airline catering services’’ means 

17 preparation, assembly, or both, of food, beverages, pro18 visions and related supplies for delivery, and the de19 livery of such items, directly to aircraft or to a loca20 tion on or near airport property for subsequent deliv21 ery to aircraft; 

22 (3) the term ‘‘contractor’’ means— 

23 (A) a person that performs, under contract 

24 with a passenger air carrier conducting oper-
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1 ations under part 121 of title 14, Code of Fed2 eral Regulations— 

3 (i) catering functions; or 

4 (ii) functions on the property of an 

5 airport that are directly related to the air 

6 transportation of persons, property, or 

7 mail, including but not limited to the load8 ing and unloading of property on aircraft; 

9 assistance to passengers under part 382 of 

10 title 14, Code of Federal Regulations; secu11 rity; airport ticketing and check-in func12 tions; ground-handling of aircraft; or air13 craft cleaning and sanitization functions 

14 and waste removal; or 

15 (B) a subcontractor that performs such 

16 functions; 

17 (4) the term ‘‘employee’’ means an individual, 

18 other than a corporate officer, who is employed by an 

19 air carrier or a contractor; and 

20 (5) the term ‘‘Secretary’’ means the Secretary of 

21 the Treasury. 

22 SEC. 4112. PANDEMIC RELIEF FOR AVIATION WORKERS. 

23 (a) FINANCIAL ASSISTANCE FOR EMPLOYEE WAGES, 

24 SALARIES, AND BENEFITS.—Notwithstanding any other 

25 provision of law, to preserve aviation jobs and compensate 
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1 air carrier industry workers, the Secretary shall provide fi2 nancial assistance that shall exclusively be used for the con3 tinuation of payment of employee wages, salaries, and bene4 fits to— 

5 (1) passenger air carriers, in an aggregate 

6 amount up to $25,000,000,000; 

7 (2) cargo air carriers, in the aggregate amount 

8 up to $4,000,000,000; and 

9 (3) contractors, in an aggregate amount up to 

10 $3,000,000,000. 

11 (b) ADMINISTRATIVE EXPENSES.—Notwithstanding 

12 any other provision of law, the Secretary, may use 

13 $100,000,000 of the funds made available under section 

14 4120(a) for costs and administrative expenses associated 

15 with providing financial assistance under this subtitle. 

16 SEC. 4113. PROCEDURES FOR PROVIDING PAYROLL SUP17 PORT. 

18 (a) AWARDABLE AMOUNTS.—The Secretary shall pro19 vide financial assistance under this subtitle— 

20 (1) to an air carrier in an amount equal to the 

21 salaries and benefits reported by the air carrier to the 

22 Department of Transportation pursuant to part 241 

23 of title 14, Code of Federal Regulations, for the period 

24 from April 1, 2019, through September 30, 2019; and 
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1 (2) to an air carrier that does not transmit re2 ports under such part 241, in an amount that such 

3 air carrier certifies, using sworn financial statements 

4 or other appropriate data, as the amount of wages, 

5 salaries, benefits, and other compensation that such 

6 air carrier paid the employees of such air carrier 

7 during the period from April 1, 2019, through Sep8 tember 30, 2019; and 

9 (3) to a contractor, in an amount that the con10 tractor certifies, using sworn financial statements or 

11 other appropriate data, as the amount of wages, sala12 ries, benefits, and other compensation that such con13 tractor paid the employees of such contractor during 

14 the period from April 1, 2019, through September 30, 

15 2019. 

16 (b) DEADLINES AND PROCEDURES.— 

17 (1) IN GENERAL.— 

18 (A) FORMS; TERMS AND CONDITIONS.—Fi19 nancial assistance provided to an air carrier or 

20 contractor under this subtitle shall be in such 

21 form, on such terms and conditions (including 

22 requirements for audits and the clawback of any 

23 financial assistance provided upon failure by a 

24 passenger air carrier, cargo air carrier, or con25 tractor to honor the assurances specified in sec-
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1 tion 4114), as the Secretary determines appro2 priate. 

3 (B) PROCEDURES.—The Secretary shall 

4 publish streamlined and expedited procedures 

5 not later than 5 days after the date of enactment 

6 of this Act for air carriers and contractors to 

7 submit requests for financial assistance under 

8 this subtitle. 

9 (2) DEADLINE FOR IMMEDIATE PAYROLL ASSIST10 ANCE.—Not later than 10 days after the date of enact11 ment of this Act, the Secretary shall make initial 

12 payments to air carriers and contractors that submit 

13 requests for financial assistance approved by to the 

14 Secretary. 

15 (3) SUBSEQUENT PAYMENTS.—The Secretary 

16 shall determine an appropriate method for timely dis17 tribution of payments to air carriers and contractors 

18 with approved requests for financial assistance from 

19 any funds remaining available after providing initial 

20 financial assistance payments under paragraph (2). 

21 (c) PRO RATA AUTHORITY.—The Secretary shall have 

22 the authority to reduce, on a pro rata basis, the amounts 

23 due to air carriers and contractors under the applicable 

24 paragraph of section 4112 in order to address any shortfall 
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1 in assistance that would otherwise be provided under such 

2 section. 

3 (d) AUDITS.—The Inspector General of the Depart4 ment of the Treasury shall audit certifications made under 

5 subsection (a). 

6 SEC. 4114. REQUIRED ASSURANCES. 

7 (a) IN GENERAL.—To be eligible for financial assist8 ance under this subtitle, an air carrier or contractor shall 

9 enter into an agreement with the Secretary, or otherwise 

10 certify in such form and manner as the Secretary shall pre11 scribe, that the air carrier or contractor shall— 

12 (1) refrain from conducting involuntary fur13 loughs or reducing pay rates and benefits until Sep14 tember 30, 2020; 

15 (2) through September 30, 2021, ensure that nei16 ther the air carrier or contractor nor any affiliate of 

17 the air carrier or contractor may, in any transaction, 

18 purchase an equity security of the air carrier or con19 tractor or the parent company of the air carrier or 

20 contractor that is listed on a national securities ex21 change; 

22 (3) through September 30, 2021, ensure that the 

23 air carrier or contractor shall not pay dividends, or 

24 make other capital distributions, with respect to the 
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1 common stock (or equivalent interest) of the air car2 rier or contractor; and 

3 (4) meet the requirements of sections 4115 and 

4 4116. 

5 (b) DEPARTMENT OF TRANSPORTATION AUTHORITY TO

6 CONDITION ASSISTANCE ON CONTINUATION OF SERVICE.— 

7 (1) IN GENERAL.—The Secretary of Transpor8 tation is authorized to require, to the extent reason9 able and practicable, an air carrier provided finan10 cial assistance under this subtitle to maintain sched11 uled air transportation service, as the Secretary of 

12 Transportation deems necessary, to ensure services to 

13 any point served by that carrier before March 1, 

14 2020. 

15 (2) REQUIRED CONSIDERATIONS.—When consid16 ering whether to exercise the authority provided by 

17 this section, the Secretary of Transportation shall 

18 take into consideration the air transportation needs of 

19 small and remote communities and the need to main20 tain well-functioning health care supply chains, in21 cluding medical devices and supplies, and pharma22 ceutical supply chains. 

23 (3) SUNSET.—The authority provided under this 

24 subsection shall terminate on March 1, 2022, and any 

25 requirements issued by the Secretary of Transpor-
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1 tation under this subsection shall cease to apply after 

2 that date. 

3 SEC. 4115. PROTECTION OF COLLECTIVE BARGAINING 

4 AGREEMENT. 

5 (a) IN GENERAL.—Neither the Secretary, nor any 

6 other actor, department, or agency of the Federal Govern7 ment, shall condition the issuance of financial assistance 

8 under this subtitle on an air carrier’s or contractor’s imple9 mentation of measures to enter into negotiations with the 

10 certified bargaining representative of a craft or class of em11 ployees of the air carrier or contractor under the Railway 

12 Labor Act (45 U.S.C. 151 et seq.) or the National Labor 

13 Relations Act (29 U.S.C. 151 et seq.), regarding pay or 

14 other terms and conditions of employment. 

15 (b) PERIOD OF EFFECT.—With respect to an air car16 rier or contractor to which financial assistance is provided 

17 under this subtitle, this section shall be in effect with respect 

18 to the air carrier or contractor beginning on the date on 

19 which the air carrier or contractor is first issued such fi20 nancial assistance and ending on September 30, 2020. 

21 SEC. 4116. LIMITATION ON CERTAIN EMPLOYEE COMPENSA22 TION. 

23 (a) IN GENERAL.—The Secretary may only provide fi24 nancial assistance under this subtitle to an air carrier or 

25 contractor after such carrier or contractor enters into an 
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1 agreement with the Secretary which provides that, during 

2 the 2-year period beginning March 24, 2020, and ending 

3 March 24, 2022, no officer or employee of the air carrier 

4 or contractor whose total compensation exceeded $425,000 

5 in calendar year 2019 (other than an employee whose com6 pensation is determined through an existing collective bar7 gaining agreement entered into prior to enactment of this 

8 Act)— 

9 (1) will receive from the air carrier or contractor 

10 total compensation which exceeds, during any 12 con11 secutive months of such 2-year period, the total com12 pensation received by the officer or employee from the 

13 air carrier or contractor in calendar year 2019; 

14 (2) will receive from the air carrier or contractor 

15 severance pay or other benefits upon termination of 

16 employment with the air carrier or contractor which 

17 exceeds twice the maximum total compensation re18 ceived by the officer or employee from the air carrier 

19 or contractor in calendar year 2019; and 

20 (3) no officer or employee of the eligible business 

21 whose total compensation exceeded $3,000,000 in cal22 endar year 2019 may receive during any 12 consecu23 tive months of such period total compensation in ex24 cess of the sum of— 

25 (A) $3,000,000; and 
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1 (B) 50 percent of the excess over $3,000,000 

2 of the total compensation received by the officer 

3 or employee from the eligible business in cal4 endar year 2019. 

5 (b) TOTAL COMPENSATION DEFINED.—In this section, 

6 the term ‘‘total compensation’’ includes salary, bonuses, 

7 awards of stock, and other financial benefits provided by 

8 an air carrier or contractor to an officer or employee of 

9 the air carrier or contractor. 

10 SEC. 4117. TAX PAYER PROTECTION. 

11 The Secretary may receive warrants, options, preferred 

12 stock, debt securities, notes, or other financial instruments 

13 issued by recipients of financial assistance under this sub14 title which, in the sole determination of the Secretary, pro15 vide appropriate compensation to the Federal Government 

16 for the provision of the financial assistance. 

17 SEC. 4118. REPORTS. 

18 (a) REPORT.—Not later than November 1, 2020, the 

19 Secretary shall submit to the Committee on Transportation 

20 and Infrastructure and the Committee on Financial Serv21 ices of the House of Representatives and the Committee on 

22 Commerce, Science, and Transportation and the Committee 

23 on Banking, Housing, and Urban Affairs of the Senate a 

24 report on the financial assistance provided to air carriers 
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1 and contractors under this subtitle, including a description 

2 of any financial assistance provided. 

3 (b) UPDATE.—Not later than the last day of the 1-year 

4 period following the date of enactment of this Act, the Sec5 retary shall update and submit to the Committee on Trans6 portation and the Committee on Financial Services and In7 frastructure of the House of Representatives and the Com8 mittee on Commerce, Science, and Transportation and the 

9 Committee on Banking, Housing, and Urban Affairs of the 

10 Senate the report described in subsection (a). 

11 SEC. 4119. COORDINATION. 

12 In implementing this subtitle the Secretary shall co13 ordinate with the Secretary of Transportation. 

14 SEC. 4120. DIRECT APPROPRIATION. 

15 Notwithstanding any other provision of law, there is 

16 appropriated, out of amounts in the Treasury not otherwise 

17 appropriated, $32,000,000,000 to carry out this subtitle. 

18 TITLE V—CORONAVIRUS RELIEF 

19 FUNDS 

20 SEC. 5001. CORONAVIRUS RELIEF FUND. 

21 (a) IN GENERAL.—The Social Security Act (42 U.S.C. 

22 301 et seq.) is amended by inserting after title V the fol23 lowing: 
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1 ‘‘TITLE VI—CORONAVIRUS 

2 RELIEF FUND 

3 ‘‘SEC. 601. CORONAVIRUS RELIEF FUND. 

4 ‘‘(a) APPROPRIATION.— 

5 ‘‘(1) IN GENERAL.—Out of any money in the 

6 Treasury of the United States not otherwise appro7 priated, there are appropriated for making payments 

8 to States, Tribal governments, and units of local gov9 ernment under this section, $150,000,000,000 for fis10 cal year 2020. 

11 ‘‘(2) RESERVATION OF FUNDS.—Of the amount 

12 appropriated under paragraph (1), the Secretary 

13 shall reserve— 

14 ‘‘(A) $3,000,000,000 of such amount for 

15 making payments to the District of Columbia, 

16 the Commonwealth of Puerto Rico, the United 

17 States Virgin Islands, Guam, the Commonwealth 

18 of the Northern Mariana Islands, and American 

19 Samoa; and 

20 ‘‘(B) $8,000,000,000 of such amount for 

21 making payments to Tribal governments. 

22 ‘‘(b) AUTHORITY TO MAKE PAYMENTS.— 

23 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

24 not later than 30 days after the date of enactment of 

25 this section, the Secretary shall pay each State and 
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1 Tribal government, and each unit of local government 

2 that meets the condition described in paragraph (2), 

3 the amount determined for the State, Tribal govern4 ment, or unit of local government, for fiscal year 2020 

5 under subsection (c). 

6 ‘‘(2) DIRECT PAYMENTS TO UNITS OF LOCAL

7 GOVERNMENT.—If a unit of local government of a 

8 State submits the certification required by subsection 

9 (e) for purposes of receiving a direct payment from 

10 the Secretary under the authority of this paragraph, 

11 the Secretary shall reduce the amount determined for 

12 that State by the relative unit of local government 

13 population proportion amount described in subsection 

14 (c)(5) and pay such amount directly to such unit of 

15 local government. 

16 ‘‘(c) PAYMENT AMOUNTS.— 

17 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the 

18 amount paid under this section for fiscal year 2020 

19 to a State that is 1 of the 50 States shall be the 

20 amount equal to the relative population proportion 

21 amount determined for the State under paragraph (3) 

22 for such fiscal year. 

23 ‘‘(2) MINIMUM PAYMENT.— 

24 ‘‘(A) IN GENERAL.—No State that is 1 of 

25 the 50 States shall receive a payment under this 
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1 section for fiscal year 2020 that is less than 

2 $1,250,000,000. 

3 ‘‘(B) PRO RATA ADJUSTMENTS.—The Sec4 retary shall adjust on a pro rata basis the 

5 amount of the payments for each of the 50 States 

6 determined under this subsection without regard 

7 to this subparagraph to the extent necessary to 

8 comply with the requirements of subparagraph 

9 (A). 

10 ‘‘(3) RELATIVE POPULATION PROPORTION

11 AMOUNT.—For purposes of paragraph (1), the relative 

12 population proportion amount determined under this 

13 paragraph for a State for fiscal year 2020 is the 

14 product of— 

15 ‘‘(A) the amount appropriated under para16 graph (1) of subsection (a) for fiscal year 2020 

17 that remains after the application of paragraph 

18 (2) of that subsection; and 

19 ‘‘(B) the relative State population propor20 tion (as defined in paragraph (4)). 

21 ‘‘(4) RELATIVE STATE POPULATION PROPORTION

22 DEFINED.—For purposes of paragraph (3)(B), the 

23 term ‘relative State population proportion’ means, 

24 with respect to a State, the quotient of— 

25 ‘‘(A) the population of the State; and 
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1 ‘‘(B) the total population of all States (ex2 cluding the District of Columbia and territories 

3 specified in subsection (a)(2)(A)). 

4 ‘‘(5) RELATIVE UNIT OF LOCAL GOVERNMENT

5 POPULATION PROPORTION AMOUNT.—For purposes of 

6 subsection (b)(2), the term ‘relative unit of local gov7 ernment population proportion amount’ means, with 

8 respect to a unit of local government and a State, the 

9 amount equal to the product of— 

10 ‘‘(A) 45 percent of the amount of the pay11 ment determined for the State under this sub12 section (without regard to this paragraph); and 

13 ‘‘(B) the amount equal to the quotient of— 

14 ‘‘(i) the population of the unit of local 

15 government; and 

16 ‘‘(ii) the total population of the State 

17 in which the unit of local government is lo18 cated. 

19 ‘‘(6) DISTRICT OF COLUMBIA AND TERRI20 TORIES.—The amount paid under this section for fis21 cal year 2020 to a State that is the District of Colum22 bia or a territory specified in subsection (a)(2)(A) 

23 shall be the amount equal to the product of— 

24 ‘‘(A) the amount set aside under subsection 

25 (a)(2)(A) for such fiscal year; and 
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1 ‘‘(B) each such District’s and territory’s 

2 share of the combined total population of the 

3 District of Columbia and all such territories, as 

4 determined by the Secretary. 

5 ‘‘(7) TRIBAL GOVERNMENTS.—From the amount 

6 set aside under subsection (a)(2)(B) for fiscal year 

7 2020, the amount paid under this section for fiscal 

8 year 2020 to a Tribal government shall be the amount 

9 the Secretary shall determine, in consultation with 

10 the Secretary of the Interior and Indian Tribes, that 

11 is based on increased expenditures of each such Tribal 

12 government (or a tribally-owned entity of such Tribal 

13 government) relative to aggregate expenditures in fis14 cal year 2019 by the Tribal government (or tribally15 owned entity) and determined in such manner as the 

16 Secretary determines appropriate to ensure that all 

17 amounts available under subsection (a)(2)(B) for fis18 cal year 2020 are distributed to Tribal governments. 

19 ‘‘(8) DATA.—For purposes of this subsection, the 

20 population of States and units of local governments 

21 shall be determined based on the most recent year for 

22 which data are available from the Bureau of the Cen23 sus. 

24 ‘‘(d) USE OF FUNDS.—A State, Tribal government, 

25 and unit of local government shall use the funds provided 
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1 under a payment made under this section to cover only 

2 those costs of the State, Tribal government, or unit of local 

3 government that— 

4 ‘‘(1) are necessary expenditures incurred due to 

5 the public health emergency with respect to the 

6 Coronavirus Disease 2019 (COVID–19); 

7 ‘‘(2) were not accounted for in the budget most 

8 recently approved as of the date of enactment of this 

9 section for the State or government; and 

10 ‘‘(3) were incurred during the period that begins 

11 on March 1, 2020, and ends on December 30, 2020. 

12 ‘‘(e) CERTIFICATION.—In order to receive a payment 

13 under this section, a unit of local government shall provide 

14 the Secretary with a certification signed by the Chief Exec15 utive for the unit of local government that the local govern16 ment’s proposed uses of the funds are consistent with sub17 section (d). 

18 ‘‘(f) INSPECTOR GENERAL OVERSIGHT; 

19 RECOUPMENT.— 

20 ‘‘(1) OVERSIGHT AUTHORITY.—The Inspector 

21 General of the Department of the Treasury shall con22 duct monitoring and oversight of the receipt, disburse23 ment, and use of funds made available under this sec24 tion. 
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1 ‘‘(2) RECOUPMENT.—If the Inspector General of 

2 the Department of the Treasury determines that a 

3 State, Tribal government, or unit of local government 

4 has failed to comply with subsection (d), the amount 

5 equal to the amount of funds used in violation of such 

6 subsection shall be booked as a debt of such entity 

7 owed to the Federal Government. Amounts recovered 

8 under this subsection shall be deposited into the gen9 eral fund of the Treasury. 

10 ‘‘(3) APPROPRIATION.—Out of any money in the 

11 Treasury of the United States not otherwise appro12 priated, there are appropriated to the Office of the In13 spector General of the Department of the Treasury, 

14 $35,000,000 to carry out oversight and recoupment 

15 activities under this subsection. Amounts appro16 priated under the preceding sentence shall remain 

17 available until expended. 

18 ‘‘(4) AUTHORITY OF INSPECTOR GENERAL.— 

19 Nothing in this subsection shall be construed to di20 minish the authority of any Inspector General, in21 cluding such authority as provided in the Inspector 

22 General Act of 1978 (5 U.S.C. App.). 

23 ‘‘(g) DEFINITIONS.—In this section: 

24 ‘‘(1) INDIAN TRIBE.—The term ‘Indian Tribe’ 

25 has the meaning given that term in section 4(e) of the 
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1 Indian Self-Determination and Education Assistance 

2 Act (25 U.S.C. 5304(e)). 

3 ‘‘(2) LOCAL GOVERNMENT.—The term ‘unit of 

4 local government’ means a county, municipality, 

5 town, township, village, parish, borough, or other unit 

6 of general government below the State level with a 

7 population that exceeds 500,000. 

8 ‘‘(3) SECRETARY.—The term ‘Secretary’ means 

9 the Secretary of the Treasury. 

10 ‘‘(4) STATE.—The term ‘State’ means the 50 

11 States, the District of Columbia, the Commonwealth 

12 of Puerto Rico, the United States Virgin Islands, 

13 Guam, the Commonwealth of the Northern Mariana 

14 Islands, and American Samoa. 

15 ‘‘(5) TRIBAL GOVERNMENT.—The term ‘Tribal 

16 government’ means the recognized governing body of 

17 an Indian Tribe.’’. 

18 (b) APPLICATION OF PROVISIONS.—Amounts appro19 priated for fiscal year 2020 under section 601(a)(1) of the 

20 Social Security Act (as added by subsection (a)) shall be 

21 subject to the requirements contained in Public Law 116– 

22 94 for funds for programs authorized under sections 330 

23 through 340 of the Public Health Service Act (42 U.S.C. 

24 254 through 256). 
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1 TITLE VI—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 6001. COVID–19 BORROWING AUTHORITY FOR THE 

4 UNITED STATES POSTAL SERVICE. 

5 (a) DEFINITIONS.—In this section— 

6 (1) the term ‘‘COVID–19 emergency’’ means the 

7 emergency involving Federal primary responsibility 

8 determined to exist by the President under section 

9 501(b) of the Robert T. Stafford Disaster Relief and 

10 Emergency Assistance Act (42 U.S.C. 5191(b)) with 

11 respect to the Coronavirus Disease 2019 (COVID–19); 

12 and 

13 (2) the term ‘‘Postal Service’’ means the United 

14 States Postal Service. 

15 (b) ADDITIONAL BORROWING AUTHORITY.—Notwith16 standing section 2005 of title 39, United States Code, or 

17 any other provision of law, if the Postal Service determines 

18 that, due to the COVID–19 emergency, the Postal Service 

19 will not be able to fund operating expenses without bor20 rowing money— 

21 (1) the Postal Service may borrow money from 

22 the Treasury in an amount not to exceed 

23 $10,000,000,000— 

24 (A) to be used for such operating expenses; 

25 and 
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1 (B) which may not be used to pay any out2 standing debt of the Postal Service; and 

3 (2) the Secretary of the Treasury may lend up 

4 to the amount described in paragraph (1) at the re5 quest of the Postal Service, upon terms and conditions 

6 mutually agreed upon by the Secretary and the Postal 

7 Service. 

8 (c) PRIORITIZATION OF DELIVERY FOR MEDICAL PUR9 POSES DURING COVID–19 EMERGENCY.—Notwithstanding 

10 any other provision of law, during the COVID–19 emer11 gency, the Postal Service— 

12 (1) shall prioritize delivery of postal products for 

13 medical purposes; and 

14 (2) may establish temporary delivery points, in 

15 such form and manner as the Postal Service deter16 mines necessary, to protect employees of the Postal 

17 Service and individuals receiving deliveries from the 

18 Postal Service. 

19 SEC. 6002. EMERGENCY DESIGNATION. 

20 (a) IN GENERAL.—The amounts provided under this 

21 division are designated as an emergency requirement pur22 suant to section 4(g) of the Statutory Pay-As-You-Go Act 

23 of 2010 (2 U.S.C. 933(g)). 

24 (b) DESIGNATION IN SENATE.—In the Senate, this di25 vision is designated as an emergency requirement pursuant 
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1 to section 4112(a) of H. Con. Res. 71 (115th Congress), the 

2 concurrent resolution on the budget for fiscal year 2018. 

3 DIVISION B—EMERGENCY AP4 PROPRIATIONS FOR 

5 CORONAVIRUS HEALTH RE6 SPONSE AND AGENCY OPER7 ATIONS 

8 The following sums are hereby are appropriated, out 

9 of any money in the Treasury not otherwise appropriated, 

10 for the fiscal year ending September 30, 2020, and for other 

11 purposes, namely: 

12 TITLE I 

13 AGRICULTURAL PROGRAMS 

14 OFFICE OF THE SECRETARY

15 For an additional amount for the ‘‘Office of the Sec16 retary’’, $9,500,000,000, to remain available until ex17 pended, to prevent, prepare for, and respond to coronavirus 

18 by providing support for agricultural producers impacted 

19 by coronavirus, including producers of specialty crops, pro20 ducers that supply local food systems, including farmers 

21 markets, restaurants, and schools, and livestock producers, 

22 including dairy producers: Provided, That such amount is 

23 designated by the Congress as being for an emergency re24 quirement pursuant to section 251(b)(2)(A)(i) of the Bal25 anced Budget and Emergency Deficit Control Act of 1985. 
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1 OFFICE OF INSPECTOR GENERAL

2 For an additional amount for ‘‘Office of Inspector 

3 General’’, $750,000, to remain available until September 

4 30, 2021, to prevent, prepare for, and respond to 

5 coronavirus, domestically or internationally: Provided, 

6 That the funding made available under this heading in this 

7 Act shall be used for conducting audits and investigations 

8 of projects and activities carried out with funds made avail9 able in this Act to the Department of Agriculture to prevent, 

10 prepare for, and respond to coronavirus, domestically or 

11 internationally: Provided further, That such amount is des12 ignated by the Congress as being for an emergency require13 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

14 Budget and Emergency Deficit Control Act of 1985. 

15 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

16 SALARIES AND EXPENSES

17 For an additional amount for ‘‘Salaries and Ex18 penses’’, $55,000,000, to remain available until September 

19 30, 2021, to prevent, prepare for, and respond to 

20 coronavirus, domestically or internationally, including for 

21 necessary expenses for salary costs associated with the Agri22 culture Quarantine and Inspection Program: Provided, 

23 That such amount is designated by the Congress as being 

24 for an emergency requirement pursuant to section 
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1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 AGRICULTURAL MARKETING SERVICE

4 MARKETING SERVICES

5 For an additional amount for ‘‘Marketing Services’’, 

6 $45,000,000, to remain available until September 30, 2021, 

7 to prevent, prepare for, and respond to coronavirus, domes8 tically or internationally, including necessary expenses for 

9 salary costs associated with commodity grading, inspection, 

10 and audit activities: Provided, That such amount is des11 ignated by the Congress as being for an emergency require12 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

13 Budget and Emergency Deficit Control Act of 1985. 

14 FOOD SAFETY AND INSPECTION SERVICE

15 For an additional amount for ‘‘Food Safety and In16 spection Service’’, $33,000,000, to remain available until 

17 September 30, 2021, to prevent, prepare for, and respond 

18 to coronavirus, domestically or internationally, including 

19 for support of temporary and intermittent workers, reloca20 tion of inspectors, and, notwithstanding 21 U.S.C. 468, 695 

21 and 1053 and 7 U.S.C. 2219a, costs of overtime inspectors 

22 under the Federal Meat Inspection Act, the Poultry Prod23 ucts Inspection Act, and the Egg Products Inspection Act: 

24 Provided, That such amount is designated by the Congress 

25 as being for an emergency requirement pursuant to section 
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1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 FARM PRODUCTION AND CONSERVATION 

4 PROGRAMS 

5 FARM SERVICE AGENCY

6 For an additional amount for ‘‘Salaries and Ex7 penses’’, $3,000,000, to remain available until September 

8 30, 2021, to prevent, prepare for, and respond to 

9 coronavirus, domestically or internationally, including nec10 essary expenses to hire temporary staff and overtime ex11 penses: Provided, That such amount is designated by the 

12 Congress as being for an emergency requirement pursuant 

13 to section 251(b)(2)(A)(i) of the Balanced Budget and 

14 Emergency Deficit Control Act of 1985. 

15 RURAL DEVELOPMENT PROGRAMS 

16 RURAL BUSINESS—COOPERATIVE SERVICE

17 RURAL BUSINESS PROGRAM ACCOUNT

18 For an additional amount for ‘‘Rural Business Pro19 gram Account’’, $20,500,000, to remain available until Sep20 tember 30, 2021, to prevent, prepare for, and respond to 

21 coronavirus, for the cost of loans for rural business develop22 ment programs authorized by section 310B and described 

23 in subsection (g) of section 310B of the Consolidated Farm 

24 and Rural Development Act: Provided, That such amount 

25 is designated by the Congress as being for an emergency 
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1 requirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 

3 RURAL UTILITIES SERVICE

4 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND

5 PROGRAM

6 For an additional amount for ‘‘Distance Learning, 

7 Telemedicine, and Broadband Program’’, $25,000,000, to 

8 remain available until expended, to prevent, prepare for, 

9 and respond to coronavirus, domestically or internation10 ally, for telemedicine and distance learning services in 

11 rural areas, as authorized by 7 U.S.C. 950aaa et seq.: Pro12 vided, That such amount is designated by the Congress as 

13 being for an emergency requirement pursuant to section 

14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

15 Deficit Control Act of 1985. 

16 DOMESTIC FOOD PROGRAMS 

17 FOOD AND NUTRITION SERVICE

18 CHILD NUTRITION PROGRAMS

19 For an additional amount for ‘‘Child Nutrition Pro20 grams’’, $8,800,000,000 to remain available until Sep21 tember 30, 2021, to prevent, prepare for, and respond to 

22 coronavirus, domestically or internationally: Provided, 

23 That such amount is designated by the Congress as being 

24 for an emergency requirement pursuant to section 
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1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

4 For an additional amount for ‘‘Supplemental Nutri5 tion Assistance Program’’, $15,810,000,000, to remain 

6 available until September 30, 2021, to prevent, prepare for, 

7 and respond to coronavirus, domestically or internation8 ally: Provided, That of the amount provided under this 

9 heading in this Act, $15,510,000,000 shall be placed in a 

10 contingency reserve to be allocated as the Secretary deems 

11 necessary to support participation should cost or participa12 tion exceed budget estimates to prevent, prepare for, and 

13 respond to coronavirus: Provided further, That of the 

14 amount provided under this heading in this Act, 

15 $100,000,000 shall be for the food distribution program on 

16 Indian reservations program as authorized by Section 4(b) 

17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2013) and 

18 Section 4(a) of the Agriculture and Consumer Protection 

19 Act of 1973 (7 U.S.C. 1431) to prevent, prepare for, and 

20 respond to coronavirus, of which $50,000,000 shall be for 

21 facility improvements and equipment upgrades and of 

22 which $50,000,000 shall be for the costs relating to addi23 tional food purchases: Provided further, That of the amount 

24 provided under this heading in this Act, $200,000,000 to 

25 remain available through September 30, 2021, shall be 
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1 available for the Secretary of Agriculture to provide grants 

2 to the Commonwealth of the Northern Mariana Islands, 

3 Puerto Rico, and American Samoa for nutrition assistance 

4 to prevent, prepare for, and respond to coronavirus, domes5 tically or internationally: Provided further, That such 

6 amount is designated by the Congress as being for an emer7 gency requirement pursuant to section 251(b)(2)(A)(i) of 

8 the Balanced Budget and Emergency Deficit Control Act 

9 of 1985. 

10 COMMODITY ASSISTANCE PROGRAM

11 For an additional amount for ‘‘Commodity Assistance 

12 Program’’, $450,000,000, to remain available through Sep13 tember 30, 2021, to prevent, prepare for, and respond to 

14 coronavirus, domestically or internationally, for the emer15 gency food assistance program as authorized by section 

16 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 

17 2036(a)) and section 204(a)(1) of the Emergency Food As18 sistance Act of 1983 (7 U.S.C. 7508(a)(1)): Provided, That 

19 of the funds made available, the Secretary may use up to 

20 $150,000,000 for costs associated with the distribution of 

21 commodities: Provided further, That such amount is des22 ignated by the Congress as being for an emergency require23 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

24 Budget and Emergency Deficit Control Act of 1985. 
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1 FOREIGN ASSISTANCE AND RELATED PROGRAMS 

2 FOREIGN AGRICULTURAL SERVICE

3 SALARIES AND EXPENSES

4 For an additional amount for ‘‘Salaries and Ex5 penses’’, $4,000,000, to remain available until September 

6 30, 2021, to prevent, prepare for, and respond to 

7 coronavirus, domestically or internationally, including nec8 essary expenses to relocate employees and their dependents 

9 back from overseas posts: Provided, That such amount is 

10 designated by the Congress as being for an emergency re11 quirement pursuant to section 251(b)(2)(A)(i) of the Bal12 anced Budget and Emergency Deficit Control Act of 1985. 

13 RELATED AGENCIES AND FOOD AND DRUG 

14 ADMINISTRATION 

15 DEPARTMENT OF HEALTH AND HUMAN SERVICES

16 FOOD AND DRUG ADMINISTRATION

17 SALARIES AND EXPENSES

18 For an additional amount for ‘‘Salaries and Ex19 penses’’, $80,000,000, to remain available until expended, 

20 to prevent, prepare for, and respond to coronavirus, domes21 tically or internationally, including funds for the develop22 ment of necessary medical countermeasures and vaccines, 

23 advanced manufacturing for medical products, the moni24 toring of medical product supply chains, and related ad25 ministrative activities: Provided, That such amount is des-
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1 ignated by the Congress as being for an emergency require2 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

3 Budget and Emergency Deficit Control Act of 1985. 

4 GENERAL PROVISIONS—THIS TITLE 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 11001. Of the funds made available to the Rural 

7 Development mission area in this title, and in addition to 

8 funds otherwise made available for such purpose, not more 

9 than 3 percent may be used for administrative costs to 

10 carry out loan, loan guarantee and grant activities funded 

11 in this title to prevent, prepare for, and respond to 

12 coronavirus, domestically or internationally: Provided, 

13 That such funds shall be transferred to, and merged with, 

14 the appropriation for ‘‘Rural Development, Salaries and 

15 Expenses’’ and, once transferred, shall be used only to pre16 vent, prepare for, and respond to coronavirus, domestically 

17 or internationally: Provided further, that this transfer au18 thority is in addition to any other transfer authority pro19 vided by law. 

20 COMMODITY CREDIT CORPORATION

21 REIMBURSEMENT OF PRESENT NET REALIZED LOSSES

22 SEC. 11002. Of the amounts provided in the Further 

23 Consolidated Appropriations Act, 2020 (Public Law 116– 

24 94) under the heading ‘‘Commodity Credit Corporation 

25 Fund—Reimbursement for Net Realized Losses’’, 
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1 $14,000,000,000, may be used, prior to the completion of 

2 the report described in 15 U.S.C. 713a–11, to reimburse the 

3 Commodity Credit Corporation for net realized losses sus4 tained, but not previously reimbursed, as reflected in the 

5 June 2020 report of its financial condition: Provided, That 

6 such amount is designated by the Congress as being for an 

7 emergency requirement pursuant to section 251(b)(2)(A)(i) 

8 of the Balanced Budget and Emergency Deficit Control Act 

9 of 1985. 

10 SEC. 11003. The Secretary may extend the term of a 

11 marketing assistance loan authorized by section 1201 of the 

12 Agricultural Act of 2014 (7 U.S.C. 9033) for any loan com13 modity to 12 months: Provided, That the authority made 

14 available pursuant to this section shall expire on September 

15 30, 2020: Provided further, That the amount provided by 

16 this section is designated by the Congress as being for an 

17 emergency requirement pursuant to section 251(b)(2)(A)(i) 

18 of the Balanced Budget and Emergency Deficit Control Act 

19 of 1985. 

20 SEC. 11004. For an additional amount for grants 

21 under the pilot program established under section 779 of 

22 Public Law 115–141, to prevent, prepare for, and respond 

23 to coronavirus, $100,000,000, to remain available until 

24 September 30, 2021: Provided, That at least 90 percent of 

25 the households to be served by a project receiving a grant 
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1 shall be in a rural area without sufficient access to 

2 broadband: Provided further, That for purposes of such pilot 

3 program, a rural area without sufficient access to 

4 broadband shall be defined as 10 Mbps downstream and 1 

5 Mbps upstream, and such definition shall be reevaluated 

6 and redefined, as necessary, on an annual basis by the Sec7 retary of Agriculture: Provided further, That an entity to 

8 which a grant is made under the pilot program shall not 

9 use a grant to overbuild or duplicate broadband expansion 

10 efforts made by any entity that has received a broadband 

11 loan from the Rural Utilities Service: Provided further, 

12 That priority consideration for grants shall be given to pre13 vious applicants now eligible as a result of adjusted eligi14 bility requirements: Provided further, That such amount is 

15 designated by the Congress as being for an emergency re16 quirement pursuant to section 251(b)(2)(A)(i) of the Bal17 anced Budget and Emergency Deficit Control Act of 1985. 

18 TITLE II 

19 DEPARTMENT OF COMMERCE 

20 ECONOMIC DEVELOPMENT ADMINISTRATION

21 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

22 (INCLUDING TRANSFERS OF FUNDS)

23 Pursuant to section 703 of the Public Works and Eco24 nomic Development Act (42 U.S.C. 3233), for an additional 

25 amount for ‘‘Economic Development Assistance Programs’’, 
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1 $1,500,000,000, to remain available until September 30, 

2 2022, to prevent, prepare for, and respond to coronavirus, 

3 domestically or internationally, including for necessary ex4 penses for responding to economic injury as a result of 

5 coronavirus: Provided, That such amount shall be for eco6 nomic adjustment assistance as authorized by section 209 

7 of the Public Works and Economic Development Act of 1965 

8 (42 U.S.C. 3149): Provided further, That within the 

9 amount appropriated under this heading in this Act, up 

10 to 2 percent of funds may be transferred to the ‘‘Salaries 

11 and Expenses’’ account for administration and oversight 

12 activities related to preventing, preparing for, and respond13 ing to coronavirus: Provided further, That the Secretary of 

14 Commerce is authorized to appoint and fix the compensa15 tion of such temporary personnel as may be necessary to 

16 implement the requirements under this heading in this Act 

17 to prevent, prepare for, and respond to coronavirus, without 

18 regard to the provisions of title 5, United States Code, gov19 erning appointments in competitive service: Provided fur20 ther, That the Secretary of Commerce is authorized to ap21 point such temporary personnel, after serving continuously 

22 for 2 years, to positions in the Economic Development Ad23 ministration in the same manner that competitive service 

24 employees with competitive status are considered for trans25 fer, reassignment, or promotion to such positions and an 
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1 individual appointed under this provision shall become a 

2 career-conditional employee, unless the employee has al3 ready completed the service requirements for career tenure: 

4 Provided further, That within the amount appropriated 

5 under this heading in this Act, $3,000,000 shall be trans6 ferred to the ‘‘Office of Inspector General’’ account for car7 rying out investigations and audits related to the funding 

8 provided to prevent, prepare for, and respond to 

9 coronavirus under this heading in this Act: Provided fur10 ther, That such amount is designated by the Congress as 

11 being for an emergency requirement pursuant to section 

12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985. 

14 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

15 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

16 For an additional amount for ‘‘Scientific and Tech17 nical Research and Services’’, $6,000,000, to remain avail18 able until September, 30, 2021, to prevent, prepare for, and 

19 respond to coronavirus, domestically or internationally, by 

20 supporting continuity of operations, including measure21 ment science to support viral testing and biomanufacturing: 

22 Provided, That such amount is designated by the Congress 

23 as being for an emergency requirement pursuant to section 

24 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985. 
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1 INDUSTRIAL TECHNOLOGY SERVICES

2 For an additional amount for ‘‘Industrial Technology 

3 Services’’, $60,000,000, to remain available until September 

4 30, 2021, to prevent, prepare for, and respond to 

5 coronavirus, domestically or internationally: Provided, 

6 That of the amount provided under this heading in this 

7 Act, $50,000,000 shall be for the Hollings Manufacturing 

8 Extension Partnership to assist manufacturers to prevent, 

9 prepare for, and respond to coronavirus and $10,000,000 

10 shall be for the National Network for Manufacturing Inno11 vation (also known as ‘‘Manufacturing USA’’) to prevent, 

12 prepare for, and respond to coronavirus, including to sup13 port development and manufacturing of medical counter14 measures and biomedical equipment and supplies: Provided 

15 further, That none of the funds provided under this heading 

16 in this Act shall be subject to cost share requirements under 

17 15 U.S.C. 278k(e)(2) or 15 U.S.C. 278s(e)(7)(A): Provided 

18 further, That such amount is designated by the Congress 

19 as being for an emergency requirement pursuant to section 

20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

23 OPERATIONS, RESEARCH, AND FACILITIES

24 For an additional amount for ‘‘Operations, Research, 

25 and Facilities’’, $20,000,000, to remain available until Sep-
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1 tember, 30, 2021, to prevent, prepare for, and respond to 

2 coronavirus, domestically or internationally, by supporting 

3 continuity of operations, including National Weather Serv4 ice life and property related operations: Provided, That 

5 such amount is designated by the Congress as being for an 

6 emergency requirement pursuant to section 251(b)(2)(A)(i) 

7 of the Balanced Budget and Emergency Deficit Control Act 

8 of 1985. 

9 DEPARTMENT OF JUSTICE 

10 GENERAL ADMINISTRATION

11 JUSTICE INFORMATION SHARING TECHNOLOGY

12 For an additional amount for ‘‘Justice Information 

13 Sharing Technology’’, $2,000,000, to remain available until 

14 expended, to prevent, prepare for, and respond to 

15 coronavirus, domestically or internationally, including the 

16 impact of coronavirus on the work of the Department of 

17 Justice: Provided, That such amount is designated by the 

18 Congress as being for an emergency requirement pursuant 

19 to section 251(b)(2)(A)(i) of the Balanced Budget and 

20 Emergency Deficit Control Act of 1985. 

21 OFFICE OF INSPECTOR GENERAL

22 For an additional amount for ‘‘Office of Inspector 

23 General’’, $2,000,000, to remain available until expended 

24 to prevent, prepare for, and respond to coronavirus, domes25 tically or internationally, including the impact of 
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1 coronavirus on the work of the Department of Justice and 

2 to carry out investigations and audits related to the funding 

3 made available for the Department of Justice in this Act: 

4 Provided, That such amount is designated by the Congress 

5 as being for an emergency requirement pursuant to section 

6 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985. 

8 LEGAL ACTIVITIES

9 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

10 For an additional amount for ‘‘Salaries and Expenses, 

11 United States Attorneys’’, $3,000,000, to prevent, prepare 

12 for, and respond to coronavirus, domestically or inter13 nationally, including the impact of coronavirus on the work 

14 of the Department of Justice: Provided, That such amount 

15 is designated by the Congress as being for an emergency 

16 requirement pursuant to section 251(b)(2)(A)(i) of the Bal17 anced Budget and Emergency Deficit Control Act of 1985. 

18 UNITED STATES MARSHALS SERVICE

19 SALARIES AND EXPENSES

20 For an additional amount for ‘‘United States Mar21 shals Service, Salaries and Expenses’’, $15,000,000, to pre22 vent, prepare for, and respond to coronavirus, domestically 

23 or internationally, including the impact of coronavirus on 

24 the work of the Department of Justice: Provided, That such 

25 amount is designated by the Congress as being for an emer-
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1 gency requirement pursuant to section 251(b)(2)(A)(i) of 

2 the Balanced Budget and Emergency Deficit Control Act 

3 of 1985. 

4 FEDERAL BUREAU OF INVESTIGATION

5 SALARIES AND EXPENSES

6 For an additional amount for ‘‘Federal Bureau of In7 vestigation, Salaries and Expenses’’, $20,000,000, to pre8 vent, prepare for, and respond to coronavirus, domestically 

9 or internationally, including the impact of coronavirus on 

10 the work of the Department of Justice: Provided, That such 

11 amount is designated by the Congress as being for an emer12 gency requirement pursuant to section 251(b)(2)(A)(i) of 

13 the Balanced Budget and Emergency Deficit Control Act 

14 of 1985. 

15 DRUG ENFORCEMENT ADMINISTRATION

16 SALARIES AND EXPENSES

17 For an additional amount for ‘‘Drug Enforcement Ad18 ministration, Salaries and Expenses’’, $15,000,000, to pre19 vent, prepare for, and respond to coronavirus, domestically 

20 or internationally, including the impact of coronavirus on 

21 the work of the Department of Justice: Provided, That such 

22 amount is designated by the Congress as being for an emer23 gency requirement pursuant to section 251(b)(2)(A)(i) of 

24 the Balanced Budget and Emergency Deficit Control Act 

25 of 1985. 
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1 FEDERAL PRISON SYSTEM

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Federal Prison Sys4 tem, Salaries and Expenses’’, $100,000,000, to prevent, pre5 pare for, and respond to coronavirus, domestically or inter6 nationally, including the impact of coronavirus on the work 

7 of the Department of Justice: Provided, That such amount 

8 is designated by the Congress as being for an emergency 

9 requirement pursuant to section 251(b)(2)(A)(i) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985. 

11 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

12 OFFICE OF JUSTICE PROGRAMS

13 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

14 For an additional amount for ‘‘State and Local Law 

15 Enforcement Assistance’’, $850,000,000, to remain avail16 able until expended, to prevent, prepare for, and respond 

17 to coronavirus, domestically or internationally, to be 

18 awarded pursuant to the formula allocation (adjusted in 

19 proportion to the relative amounts statutorily designated 

20 therefor) that was used in fiscal year 2019 for the Edward 

21 Byrne Memorial Justice Assistance Grant program as au22 thorized by subpart 1 of part E of title I of the Omnibus 

23 Crime Control and Safe Streets Acts of 1968 (‘‘1968 Act’’): 

24 Provided, That the allocation provisions under sections 

25 505(a) through (e) and the special rules for Puerto Rico 
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1 under section 505(g), and section 1001(c), of the 1968 Act, 

2 shall not apply to the amount provided under this heading 

3 in this Act: Provided further, That awards hereunder, shall 

4 not be subject to restrictions or special conditions that are 

5 the same as (or substantially similar to) those, imposed on 

6 awards under such subpart in fiscal year 2018, that forbid 

7 interference with Federal law enforcement: Provided fur8 ther, That such amount is designated by the Congress as 

9 being for an emergency requirement pursuant to section 

10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

11 Deficit Control Act of 1985. 

12 SCIENCE 

13 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 SAFETY, SECURITY AND MISSION SERVICES

15 For an additional amount for ‘‘Safety, Security and 

16 Mission Services’’, $60,000,000, to remain available until 

17 September 30, 2021, to prevent, prepare for, and respond 

18 to coronavirus, domestically or internationally: Provided, 

19 That such amount is designated by the Congress as being 

20 for an emergency requirement pursuant to section 

21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

22 Deficit Control Act of 1985. 
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1 NATIONAL SCIENCE FOUNDATION

2 RESEARCH AND RELATED ACTIVITIES

3 For an additional amount for ‘‘Research and Related 

4 Activities’’, $75,000,000, to remain available until Sep5 tember 30, 2021, to prevent, prepare for, and respond to 

6 coronavirus, domestically or internationally, including to 

7 fund research grants and other necessary expenses: Pro8 vided, That such amount is designated by the Congress as 

9 being for an emergency requirement pursuant to section 

10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

11 Deficit Control Act of 1985. 

12 AGENCY OPERATIONS AND AWARD MANAGEMENT

13 For an additional amount for ‘‘Agency Operations 

14 and Award Management’’, $1,000,000, to prevent, prepare 

15 for, and respond to coronavirus, domestically or inter16 nationally, including to administer research grants and 

17 other necessary expenses: Provided, That such amount is 

18 designated by the Congress as being for an emergency re19 quirement pursuant to section 251(b)(2)(A)(i) of the Bal20 anced Budget and Emergency Deficit Control Act of 1985. 

21 RELATED AGENCIES 

22 LEGAL SERVICES CORPORATION

23 PAYMENT TO THE LEGAL SERVICES CORPORATION

24 For an additional amount for ‘‘Payment to the Legal 

25 Services Corporation’’, $50,000,000, to prevent, prepare for, 
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1 and respond to coronavirus, domestically or internation2 ally: Provided, That none of the funds appropriated under 

3 this heading in this Act to the Legal Services Corporation 

4 shall be expended for any purpose prohibited or limited by, 

5 or contrary to any of the provisions of, sections 501, 502, 

6 503, 504, 505, and 506 of Public Law 105–119, and all 

7 funds appropriated in this Act to the Legal Services Cor8 poration shall be subject to the same terms and conditions 

9 set forth in such sections, except that all references in sec10 tions 502 and 503 to 1997 and 1998 shall be deemed to 

11 refer instead to 2019 and 2020, respectively, and except that 

12 sections 501 and 503 of Public Law 104–134 (referenced 

13 by Public Law 105–119) shall not apply to the amount 

14 made available under this heading: Provided further, That 

15 for the purposes of this Act, the Legal Services Corporation 

16 shall be considered an agency of the United States Govern17 ment: Provided further, That such amount is designated by 

18 the Congress as being for an emergency requirement pursu19 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

20 Emergency Deficit Control Act of 1985. 

21 GENERAL PROVISIONS—THIS TITLE 

22 SEC. 12001. Amounts provided by the Consolidated 

23 Appropriations Act, 2020, (Public Law 116–93) for the 

24 Hollings Manufacturing Extension Partnership under the 

25 heading ‘‘National Institute of Standards and Tech-
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1 nology—Industrial Technology Services’’ shall not be sub2 ject to cost share requirements under 15 U.S.C. 278k(e)(2): 

3 Provided, That the authority made available pursuant to 

4 this section shall be elective for any Manufacturing Exten5 sion Partnership Center that also receives funding from a 

6 State that is conditioned upon the application of a Federal 

7 cost sharing requirement. 

8 SEC. 12002. (a) Funds appropriated in this title for 

9 the National Science Foundation may be made available 

10 to restore amounts, either directly or through reimburse11 ment, for obligations incurred by the National Science 

12 Foundation for research grants and other necessary ex13 penses to prevent, prepare for, and respond to coronavirus, 

14 domestically or internationally, prior to the date of enact15 ment of this Act. 

16 (b) Grants or cooperative agreements made by the Na17 tional Science Foundation under this title, to carry out re18 search grants and other necessary expenses to prevent, pre19 pare for, and respond to coronavirus, domestically or inter20 nationally, shall include amounts to reimburse costs for 

21 these purposes incurred between January 20, 2020, and the 

22 date of issuance of such grants or agreements. 

23 BUREAU OF PRISONS

24 SEC. 12003. (a) DEFINITIONS.—In this section— 
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1 (1) the term ‘‘Bureau’’ means the Bureau of 

2 Prisons; 

3 (2) the term ‘‘covered emergency period’’ means 

4 the period beginning on the date on which the Presi5 dent declared a national emergency under the Na6 tional Emergencies Act (50 U.S.C. 1601 et seq.) with 

7 respect to the Coronavirus Disease 2019 (COVID–19) 

8 and ending on the date that is 30 days after the date 

9 on which the national emergency declaration termi10 nates; and 

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

12 Health and Human Services. 

13 (b) SUPPLY OF PERSONAL PROTECTIVE EQUIPMENT

14 AND TEST KITS TO BUREAU OF PRISONS; HOME CONFINE15 MENT AUTHORITY.— 

16 (1) PERSONAL PROTECTIVE EQUIPMENT AND

17 TEST KITS.— 

18 (A) FINDINGS.—Congress finds the fol19 lowing: 

20 (i) There is an urgent need for per21 sonal protective equipment and test kits to 

22 the Bureau based on the density of the in23 mate population, the high traffic, the high 

24 volume of inmates, the high rate of turnover 

25 of inmates and personnel, and the number 
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1 of high-security areas, within the facilities 

2 of the Bureau. 

3 (ii) The inability of the Bureau to se4 cure the purchase of infectious disease per5 sonal protective equipment and related sup6 plies now and in the future is a vulner7 ability. 

8 (iii) The Bureau is currently com9 peting in and engaging the same landscape 

10 of vendors as all other Federal agencies and 

11 private entities. 

12 (iv) The ability of the Bureau to pur13 chase needed equipment and supplies is cur14 rently subject to an individual manufactur15 er’s specific recognition of the Bureau as a 

16 priority and subsequent allocation of the in17 ventory of the manufacturer to the Bureau. 

18 (B) CONSIDERATION.—The Secretary shall 

19 appropriately consider, relative to other prior20 ities of the Department of Health and Human 

21 Services for high-risk and high-need populations, 

22 the distribution of infectious disease personal 

23 protective equipment and COVID–19 test kits to 

24 the Bureau for use by inmates and personnel of 

25 the Bureau. 
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1 (2) HOME CONFINEMENT AUTHORITY.—During 

2 the covered emergency period, if the Attorney General 

3 finds that emergency conditions will materially affect 

4 the functioning of the Bureau, the Director of the Bu5 reau may lengthen the maximum amount of time for 

6 which the Director is authorized to place a prisoner 

7 in home confinement under the first sentence of sec8 tion 3624(c)(2) of title 18, United States Code, as the 

9 Director determines appropriate. 

10 (c) VIDEO VISITATION.— 

11 (1) IN GENERAL.—During the covered emergency 

12 period, if the Attorney General finds that emergency 

13 conditions will materially affect the functioning of the 

14 Bureau, the Director of the Bureau shall promulgate 

15 rules regarding the ability of inmates to conduct visi16 tation through video teleconferencing and tele17 phonically, free of charge to inmates, during the cov18 ered emergency period. 

19 (2) EXEMPTION FROM NOTICE-AND-COMMENT

20 RULEMAKING REQUIREMENTS.—Section 553 of title 5, 

21 United States Code, shall not apply to the promulga22 tion of rules under paragraph (1) of this subsection. 

23 (d) EMERGENCY REQUIREMENT.—The amount pro24 vided by this section is designated by the Congress as being 

25 for an emergency requirement pursuant to section 
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1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 TEMPORARY AUTHORITY OF DIRECTOR OF THE USPTO

4 DURING THE COVID–19 EMERGENCY. 

5 SEC. 12004. (a) IN GENERAL.—During the emergency 

6 period described in subsection (e), the Director may toll, 

7 waive, adjust, or modify, any timing deadline established 

8 by title 35, United States Code, the Trademark Act, section 

9 18 of the Leahy-Smith America Invents Act (35 U.S.C. 321 

10 note), or regulations promulgated thereunder, in effect dur11 ing such period, if the Director determines that the emer12 gency related to such period— 

13 (1) materially affects the functioning of the Pat14 ent and Trademark Office; 

15 (2) prejudices the rights of applicants, reg16 istrants, patent owners, or others appearing before the 

17 Office; or 

18 (3) prevents applicants, registrants, patent own19 ers, or others appearing before the Office from filing 

20 a document or fee with the Office. 

21 (b) PUBLIC NOTICE.—If the Director determines that 

22 tolling, waiving, adjusting, or modifying a timing deadline 

23 under subsection (a) is appropriate, the Director shall pub24 lish publicly a notice to such effect. 
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1 (c) STATEMENT REQUIRED.—Not later than 20 days 

2 after the Director tolls, waives, adjusts, or modifies a timing 

3 deadline under subsection (a) and such toll, waiver, adjust4 ment, or modification is in effect for a consecutive or cumu5 lative period exceeding 120 days, the Director shall submit 

6 to Congress a statement describing the action taken, rel7 evant background, and rationale for the period of tolling, 

8 waiver, adjustment, or modification. 

9 (d) OTHER LAWS.—Notwithstanding section 301 of the 

10 National Emergencies Act (50 U.S.C. 1631), the authority 

11 of the Director under subsection (a) is not contingent on 

12 a specification made by the President under such section 

13 or any other requirement under that Act (other than the 

14 emergency declaration under section 201(a) of such Act (50 

15 U.S.C. 1621(a))). The authority described in this section 

16 supersedes the authority of title II of the National Emer17 gencies Act (50 U.S.C. 1621 et seq.). 

18 (e) EMERGENCY PERIOD.—The emergency period de19 scribed in this subsection includes the duration of the por20 tion of the emergency declared by the President pursuant 

21 to the National Emergencies Act on March 13, 2020, as a 

22 result of the COVID–19 outbreak (and any renewal thereof) 

23 beginning on or after the date of the enactment of this sec24 tion and the 60 day period following such duration. 
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1 (f) RULE OF CONSTRUCTION.—Nothing in this section 

2 may be construed as limiting other statutory authorities the 

3 Director may have to grant relief regarding filings or dead4 lines. 

5 (g) SUNSET.—Notwithstanding subsection (a), the au6 thorities provided under this section shall expire upon the 

7 expiration of the 2-year period after the date of the enact8 ment of this section. 

9 (h) DEFINITIONS.—In this section: 

10 (1) DIRECTOR.—The term ‘‘Director’’ means the 

11 Under Secretary of Commerce for Intellectual Prop12 erty and Director of the United States Patent and 

13 Trademark Office. 

14 (2) TRADEMARK ACT.—The term ‘‘Trademark 

15 Act’’ means the Act entitled ‘‘An Act to provide for 

16 the registration and protection of trademarks used in 

17 commerce, to carry out the provisions of certain inter18 national conventions, and for other purposes’’, ap19 proved July 5, 1946 (15 U.S.C. 1051 et seq.). 

20 (i) EMERGENCY REQUIREMENT.—The amount pro21 vided by this section is designated by the Congress as being 

22 for an emergency requirement pursuant to section 

23 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985. 
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1 ASSISTANCE TO FISHERY PARTICIPANTS

2 SEC. 12005. (a) IN GENERAL.—The Secretary of Com3 merce is authorized to provide assistance to Tribal, subsist4 ence, commercial, and charter fishery participants affected 

5 by the novel coronavirus (COVID–19), which may include 

6 direct relief payments. 

7 (b) FISHERY PARTICIPANTS.—For the purposes of this 

8 section, ‘‘fishery participants’’ include Tribes, persons, fish9 ing communities, aquaculture businesses not otherwise eli10 gible for assistance under part 1416 of title 7 of the Code 

11 of Federal Regulations for losses related to COVID–19, 

12 processors, or other fishery-related businesses, who have in13 curred, as a direct or indirect result of the coronavirus pan14 demic— 

15 (1) economic revenue losses greater than 35 per16 cent as compared to the prior 5-year average revenue; 

17 or 

18 (2) any negative impacts to subsistence, cultural, 

19 or ceremonial fisheries. 

20 (c) ROLLING BASIS.—Funds may be awarded under 

21 this section on a rolling basis, and within a fishing season, 

22 to ensure rapid delivery of funds during the COVID–19 

23 pandemic. 

24 (d) APPROPRIATIONS.—In addition to funds that are 

25 otherwise made available to assist fishery participants 
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1 under this Act, there are authorized to be appropriated, and 

2 there are appropriated, $300,000,000, to remain available 

3 until September 30, 2021, to carry out this section, of which 

4 up to 2 percent may be used for administration and over5 sight activities. 

6 (e) EMERGENCY REQUIREMENT.—The amount pro7 vided by this section is designated by the Congress as being 

8 for an emergency requirement pursuant to section 

9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 TITLE III 

12 DEPARTMENT OF DEFENSE 

13 MILITARY PERSONNEL 

14 NATIONAL GUARD PERSONNEL, ARMY

15 For an additional amount for ‘‘National Guard Per16 sonnel, Army’’, $746,591,000, to prevent, prepare for, and 

17 respond to coronavirus, domestically or internationally: 

18 Provided, That such amount is designated by the Congress 

19 as being for an emergency requirement pursuant to section 

20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 NATIONAL GUARD PERSONNEL, AIR FORCE

23 For an additional amount for ‘‘National Guard Per24 sonnel, Air Force’’, $482,125,000, to prevent, prepare for, 

25 and respond to coronavirus, domestically or internation-
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1 ally: Provided, That such amount is designated by the Con2 gress as being for an emergency requirement pursuant to 

3 section 251(b)(2)(A)(i) of the Balanced Budget and Emer4 gency Deficit Control Act of 1985. 

5 OPERATION AND MAINTENANCE 

6 OPERATION AND MAINTENANCE, ARMY

7 For an additional amount for ‘‘Operation and Mainte8 nance, Army’’, $160,300,000, to prevent, prepare for, and 

9 respond to coronavirus, domestically or internationally: 

10 Provided, That such amount is designated by the Congress 

11 as being for an emergency requirement pursuant to section 

12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985. 

14 OPERATION AND MAINTENANCE, NAVY

15 For an additional amount for ‘‘Operation and Mainte16 nance, Navy’’, $360,308,000, to prevent, prepare for, and 

17 respond to coronavirus, domestically or internationally: 

18 Provided, That such amount is designated by the Congress 

19 as being for an emergency requirement pursuant to section 

20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 OPERATION AND MAINTENANCE, MARINE CORPS

23 For an additional amount for ‘‘Operation and Mainte24 nance, Marine Corps’’, $90,000,000, to prevent, prepare for, 

25 and respond to coronavirus, domestically or internation-
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1 ally: Provided, That such amount is designated by the Con2 gress as being for an emergency requirement pursuant to 

3 section 251(b)(2)(A)(i) of the Balanced Budget and Emer4 gency Deficit Control Act of 1985. 

5 OPERATION AND MAINTENANCE, AIR FORCE

6 For an additional amount for ‘‘Operation and Mainte7 nance, Air Force’’, $155,000,000, to prevent, prepare for, 

8 and respond to coronavirus, domestically or internation9 ally: Provided, That such amount is designated by the Con10 gress as being for an emergency requirement pursuant to 

11 section 251(b)(2)(A)(i) of the Balanced Budget and Emer12 gency Deficit Control Act of 1985. 

13 OPERATION AND MAINTENANCE, ARMY RESERVE

14 For an additional amount for ‘‘Operation and Mainte15 nance, Army Reserve’’, $48,000,000, to prevent, prepare for, 

16 and respond to coronavirus, domestically or internation17 ally: Provided, That such amount is designated by the Con18 gress as being for an emergency requirement pursuant to 

19 section 251(b)(2)(A)(i) of the Balanced Budget and Emer20 gency Deficit Control Act of 1985. 

21 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

22 For an additional amount for ‘‘Operation and Mainte23 nance, Army National Guard’’, $186,696,000, to prevent, 

24 prepare for, and respond to coronavirus, domestically or 

25 internationally: Provided, That such amount is designated 
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1 by the Congress as being for an emergency requirement pur2 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

3 Emergency Deficit Control Act of 1985. 

4 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

5 For an additional amount for ‘‘Operation and Mainte6 nance, Air National Guard’’, $75,754,000, to prevent, pre7 pare for, and respond to coronavirus, domestically or inter8 nationally: Provided, That such amount is designated by 

9 the Congress as being for an emergency requirement pursu10 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

11 Emergency Deficit Control Act of 1985. 

12 OPERATION AND MAINTENANCE, DEFENSE-WIDE

13 For an additional amount for ‘‘Operation and Mainte14 nance, Defense-Wide’’, $827,800,000, to prevent, prepare 

15 for, and respond to coronavirus, domestically or inter16 nationally: Provided, That such amount is designated by 

17 the Congress as being for an emergency requirement pursu18 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

19 Emergency Deficit Control Act of 1985. 

20 PROCUREMENT 

21 DEFENSE PRODUCTION ACT PURCHASES

22 For an additional amount for ‘‘Defense Production Act 

23 Purchases’’, $1,000,000,000, to remain available until ex24 pended, to prevent, prepare for, and respond to coronavirus, 

25 domestically or internationally: Provided, That for the two- 
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1 year period beginning with the date of enactment of this 

2 Act, the requirements described in Section 301(a)(3)(A) and 

3 302(c)(1) of Public Law 81–774, shall be waived: Provided 

4 further, That such amount is designated by the Congress 

5 as being for an emergency requirement pursuant to section 

6 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985. 

8 REVOLVING AND MANAGEMENT FUNDS 

9 DEFENSE WORKING CAPITAL FUNDS

10 For an additional amount for ‘‘Defense Working Cap11 ital Funds’’, $1,450,000,000, to prevent, position, prepare 

12 for, and respond to coronavirus, domestically or inter13 nationally: Provided, That of the amount provided under 

14 this heading in this Act, $475,000,000 shall be for the Navy 

15 Working Capital Fund, $475,000,000 shall be for the Air 

16 Force Working Capital Fund, and $500,000,000 shall be for 

17 the Defense-Wide Working Capital Fund: Provided further, 

18 That such amount is designated by the Congress as being 

19 for an emergency requirement pursuant to section 

20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

23 DEFENSE HEALTH PROGRAM

24 For an additional amount for ‘‘Defense Health Pro25 gram’’, $3,805,600,000, of which $3,390,600,000 shall be for 
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1 operation and maintenance, and $415,000,000 shall be for 

2 research, development, test and evaluation, to remain avail3 able until September 30, 2021, to prevent, prepare for, and 

4 respond to coronavirus, domestically or internationally: 

5 Provided, That, notwithstanding that one percent of fund6 ing for operation and maintenance under this heading in 

7 Public Law 116–93 shall remain available for obligation 

8 until September 30, 2021, funding for operation and main9 tenance made available under this heading in this Act shall 

10 only be available through September 30, 2020: Provided fur11 ther, That such amount is designated by the Congress as 

12 being for an emergency requirement pursuant to section 

13 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

15 OFFICE OF THE INSPECTOR GENERAL

16 For an additional amount for ‘‘Office of the Inspector 

17 General’’, $20,000,000, to prevent, prepare for, and respond 

18 to coronavirus, domestically or internationally: Provided, 

19 That the funding made available under this heading in this 

20 Act shall be used for conducting audits and investigations 

21 of projects and activities carried out with funds made avail22 able in this Act to the Department of Defense to prevent, 

23 prepare for, and respond to coronavirus, domestically or 

24 internationally: Provided further, That such amount is des25 ignated by the Congress as being for an emergency require-
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1 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

2 Budget and Emergency Deficit Control Act of 1985. 

3 GENERAL PROVISIONS—THIS TITLE 

4 SEC. 13001. Funds appropriated by this title may be 

5 transferred to, and merged with, other applicable appro6 priations of the Department of Defense, except for ‘‘Drug 

7 Interdiction and Counter-Drug Activities, Defense’’, for ex8 penses incurred in preventing, preparing for, or responding 

9 to coronavirus, including expenses of the Department of De10 fense incurred in support of other Federal Departments and 

11 agencies, and State, local, and Indian tribal governments, 

12 to be merged with and to be available for the same purposes, 

13 and for the same time period, as the appropriation or fund 

14 to which transferred: Provided, That upon a determination 

15 that all or part of the funds transferred pursuant to this 

16 section that are not necessary for the purposes provided 

17 herein, such funds shall be transferred back to the original 

18 appropriation: Provided further, That the transfer author19 ity provided by this section is in addition to any other 

20 transfer authority provided by law. 

21 SEC. 13002. For an additional amount for ‘‘Defense 

22 Health Program’’, $1,095,500,000, which shall be for oper23 ation and maintenance, and of which $1,095,500,000 may 

24 be available for contracts entered into under the TRICARE 

25 program: Provided, That, notwithstanding that one percent 
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1 of funding for operation and maintenance under this head2 ing in Public Law 116–93 shall remain available for obli3 gation until September 30, 2021, funding for operation and 

4 maintenance made available under this heading in this sec5 tion shall only be available through September 30, 2020: 

6 Provided further, That such amount is designated by the 

7 Congress as being for an emergency requirement pursuant 

8 to section 251(b)(2)(A)(i) of the Balanced Budget and 

9 Emergency Deficit Control Act of 1985. 

10 SEC. 13003. (a) Notwithstanding section 2208(l)(3) of 

11 title 10, United States Code, during fiscal year 2020, the 

12 total amount of the advance billings rendered or imposed 

13 for all working-capital funds of the Department of Defense 

14 may exceed the amount otherwise specified in such section. 

15 (b) In this section, the term ‘‘advance billing’’ has the 

16 meaning given that term in section 2208(l)(4) of title 10, 

17 United States Code. 

18 SEC. 13004. (a) Section 2326(b)(3) of title 10, United 

19 States Code, shall not apply to any undefinitized contract 

20 action of the Department of Defense related to the national 

21 emergency for the Coronavirus Disease 2019 (COVID–19). 

22 (b) In this section, the term ‘‘undefinitized contract ac23 tion’’ has the meaning given that term in section 2326(j)(6) 

24 of title 10, United States Code. 
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1 SEC. 13005. (a) The head of an agency may waive the 

2 provisions of section 2326(b) of title 10, United States Code, 

3 with respect to a contract of such agency if the head of the 

4 agency determines that the waiver is necessary due to the 

5 national emergency for the Coronavirus Disease 2019 

6 (COVID–19). 

7 (b) In this section, the term ‘‘head of an agency’’ has 

8 the meaning given that term in section 2302(2) of title 10, 

9 United States Code. 

10 SEC. 13006. (a) Notwithstanding paragraph (3) of sec11 tion 2371b(a) of title 10, United States Code, the authority 

12 of a senior procurement executive or director of the Defense 

13 Advanced Research Projects Agency or Missile Defense 

14 Agency under paragraph (2)(A) of such section, and the au15 thority of the Under Secretaries of Defense under paragraph 

16 (2)(B) of such section, for any transaction related to the 

17 national emergency for the Coronavirus Disease 2019 

18 (COVID–19) may be delegated to such officials in the De19 partment of Defense as the Secretary of Defense shall specify 

20 for purposes of this section. 

21 (b)(1) Notwithstanding clause (ii) of section 

22 2371b(a)(2)(B) of title 10, United States Code, no advance 

23 notice to Congress is required under that clause for transi24 tions described in that section that are related to the na-
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1 tional emergency for the Coronavirus Disease 2019 

2 (COVID–19). 

3 (2) In the event a transaction covered by paragraph 

4 (1) is carried out, the Under Secretary of Defense for Re5 search and Engineering or the Under Secretary of Defense 

6 for Acquisition and Sustainment, as applicable, shall sub7 mit to the congressional defense committees a notice on the 

8 carrying out of such transaction as soon as is practicable 

9 after the commencement of the carrying out of such trans10 action. 

11 (3) In this subsection, the term ‘‘congressional defense 

12 committees’’ has the meaning given such term in section 

13 101(a)(16) of title 10, United States Code. 

14 SEC. 13007. (a) The President may extend the ap15 pointment of the Chief of Army Reserve as prescribed in 

16 section 7038(c) of title 10, United States Code, for the in17 cumbent in that position as of the date of the enactment 

18 of this Act until the date of the appointment of the successor 

19 to such incumbent, notwithstanding any limitation other20 wise imposed on such term by such section 7038(c). 

21 (b) The President may extend the appointment of the 

22 Chief of Navy Reserve as prescribed in section 8083(c) of 

23 title 10, United States Code, for the incumbent in that posi24 tion as of the date of the enactment of this Act until the 

25 date of the appointment of the successor to such incumbent, 
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1 notwithstanding any limitation otherwise imposed on such 

2 term by such section 8083(c). 

3 (c) The President may extend the appointment of the 

4 Chief of Staff of the Air Force prescribed in section 

5 9033(a)(1) of title 10, United States Code, for the incum6 bent in that position as of the date of the enactment of this 

7 Act until the date of the appointment of the successor to 

8 such incumbent, notwithstanding any limitation otherwise 

9 imposed on such term by such section 9033(a)(1). 

10 (d) The President may extend the appointment of the 

11 Chief of Space Operations, as prescribed in section 

12 9082(a)(2) of title 10, United States Code, for the incum13 bent in that position as of the date of the enactment of this 

14 Act until the date of the appointment of the successor to 

15 such incumbent, notwithstanding any limitation otherwise 

16 imposed on such term by such section 9082(a)(2). 

17 (e) The President may extend the appointment of the 

18 Chief of the National Guard Bureau as prescribed in section 

19 10502(b) of title 10, United States Code, for the incumbent 

20 in that position as of the date of the enactment of this Act 

21 until the date of the appointment of the successor to such 

22 incumbent, notwithstanding any limitation otherwise im23 posed on such term by such section 10502(b). 

24 (f) The President may extend the appointment of Di25 rector, Army National Guard and Director, Air National 
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1 Guard as prescribed in section 10506(a)(3)(D) of title 10, 

2 United States Code, for the incumbent in such position as 

3 of the date of the enactment of this Act until the date of 

4 the appointment of the successor to such incumbent, not5 withstanding any limitation otherwise imposed on such 

6 term by such section 10506(a)(3)(D). 

7 (g) Notwithstanding paragraph (4) of section 10505(a) 

8 of title 10, United States Code, the Secretary of Defense 

9 may waive the limitations in paragraphs (2) and (3) of 

10 that section for a period of not more than 270 days. 

11 (h)(1) The President may delegate the exercise of the 

12 authorities in subsections (a) through (f) to the Secretary 

13 of Defense. 

14 (2) The Secretary of Defense may not redelegate the 

15 exercise of any authority delegated to the Secretary pursu16 ant to paragraph (1), and may not delegate the exercise 

17 of the authority in subsection (g). 

18 TITLE IV 

19 CORPS OF ENGINEERS—CIVIL 

20 DEPARTMENT OF THE ARMY 

21 OPERATION AND MAINTENANCE

22 For an additional amount for ‘‘Operation and Mainte23 nance’’, $50,000,000, to remain available until September 

24 30, 2021, to prevent, prepare for, and respond to 

25 coronavirus, domestically or internationally: Provided, 
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1 That such amount is designated by the Congress as being 

2 for an emergency requirement pursuant to section 

3 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

4 Deficit Control Act of 1985. 

5 EXPENSES

6 For an additional amount for ‘‘Expenses’’, 

7 $20,000,000, to remain available until September 30, 2021, 

8 to prevent, prepare for, and respond to coronavirus, domes9 tically or internationally: Provided, That such amount is 

10 designated by the Congress as being for an emergency re11 quirement pursuant to section 251(b)(2)(A)(i) of the Bal12 anced Budget and Emergency Deficit Control Act of 1985. 

13 DEPARTMENT OF THE INTERIOR 

14 BUREAU OF RECLAMATION

15 WATER AND RELATED RESOURCES

16 (INCLUDING TRANSFER OF FUNDS)

17 For an additional amount for ‘‘Water and Related Re18 sources’’, $12,500,000, to remain available until September 

19 30, 2021, to prevent, prepare for, and respond to 

20 coronavirus, domestically or internationally: Provided, 

21 That $500,000 of the funds provided under this heading in 

22 this Act shall be transferred to the ‘‘Central Utah Project 

23 Completion Account’’ to prevent, prepare for, and respond 

24 to coronavirus: Provided further, That such amount is des25 ignated by the Congress as being for an emergency require-
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1 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

2 Budget and Emergency Deficit Control Act of 1985. 

3 POLICY AND ADMINISTRATION

4 For an additional amount for ‘‘Policy and Adminis5 tration’’, $8,100,000, to remain available until September 

6 30, 2021, to prevent, prepare for, and respond to 

7 coronavirus, domestically or internationally: Provided, 

8 That such amount is designated by the Congress as being 

9 for an emergency requirement pursuant to section 

10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

11 Deficit Control Act of 1985. 

12 DEPARTMENT OF ENERGY 

13 ENERGY PROGRAMS 

14 SCIENCE

15 For an additional amount for ‘‘Science’’, $99,500,000, 

16 to remain available until September 30, 2021, to prevent, 

17 prepare for, and respond to coronavirus, domestically or 

18 internationally, for necessary expenses related to providing 

19 support and access to scientific user facilities in the Office 

20 of Science and National Nuclear Security Administration, 

21 including equipment, enabling technologies, and personnel 

22 associated with the operations of those scientific user facili23 ties: Provided, That such amount is designated by the Con24 gress as being for an emergency requirement pursuant to 
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1 section 251(b)(2)(A)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 

3 DEPARTMENTAL ADMINISTRATION

4 (INCLUDING TRANSFER OF FUNDS)

5 For an additional amount for ‘‘Departmental Admin6 istration’’, $28,000,000, to remain available until Sep7 tember 30, 2021, to prevent, prepare for, and respond to 

8 coronavirus, domestically or internationally, including for 

9 necessary expenses related to supporting remote access for 

10 personnel: Provided, That funds appropriated under this 

11 heading in this Act may be transferred to, and merged with, 

12 other appropriation accounts of the Department of Energy 

13 to prevent, prepare for, and respond to coronavirus, includ14 ing for necessary expenses related to supporting remote ac15 cess for personnel: Provided further, That such amount is 

16 designated by the Congress as being for an emergency re17 quirement pursuant to section 251(b)(2)(A)(i) of the Bal18 anced Budget and Emergency Deficit Control Act of 1985. 

19 INDEPENDENT AGENCIES 

20 NUCLEAR REGULATORY COMMISSION

21 SALARIES AND EXPENSES

22 For an additional amount for ‘‘Salaries and Ex23 penses’’, $3,300,000, to remain available until September 

24 30, 2021, to prevent, prepare for, and respond to 

25 coronavirus, domestically or internationally: Provided, 
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1 That, notwithstanding 42 U.S.C. 2214, such amount shall 

2 not be derived from fee revenue: Provided further, That such 

3 amount is designated by the Congress as being for an emer4 gency requirement pursuant to section 251(b)(2)(A)(i) of 

5 the Balanced Budget and Emergency Deficit Control Act 

6 of 1985. 

7 GENERAL PROVISIONS—THIS TITLE 

8 SEC. 14001. Funds appropriated in this title may be 

9 made available to restore amounts, either directly or 

10 through reimbursement, for obligations incurred to prevent, 

11 prepare for, and respond to coronavirus prior to the date 

12 of enactment of this Act. 

13 SEC. 14002. (a) Section 404 of the Bipartisan Budget 

14 Act of 2015 (42 U.S.C. 6239 note) is amended— 

15 (1) in subsection (e), by striking ‘‘2020’’ and in16 serting ‘‘2022’’; and 

17 (2) in subsection (g), by striking ‘‘2020’’ and in18 serting ‘‘2022’’. 

19 (b) Title III of division C of the Further Consolidated 

20 Appropriations Act, 2020 (Public Law 116–94) is amended 

21 in the matter under the heading ‘‘Department of Energy— 

22 Energy Programs—Strategic Petroleum Reserve’’ by strik23 ing the three provisos before the final period and inserting 

24 the following: 
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1 ‘‘ Provided, That, as authorized by section 404 of the 

2 Bipartisan Budget Act of 2015 (Public Law 114–74; 42 

3 U.S.C. 6239 note), the Secretary of Energy shall draw down 

4 and sell not to exceed a total of $450,000,000 of crude oil 

5 from the Strategic Petroleum Reserve in fiscal year 2020, 

6 fiscal year 2021, or fiscal year 2022: Provided further, That 

7 the proceeds from such drawdown and sale shall be depos8 ited into the ‘Energy Security and Infrastructure Mod9 ernization Fund’ during the fiscal year in which the sale 

10 occurs and shall be made available in such fiscal year, to 

11 remain available until expended, for necessary expenses to 

12 carry out the Life Extension II project for the Strategic Pe13 troleum Reserve’’. 

14 (c) The amount provided by this section is designated 

15 by the Congress as being for an emergency requirement pur16 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

17 Emergency Deficit Control Act of 1985. 

18 SEC. 14003. Any discretionary appropriation for the 

19 Corps of Engineers derived from the Harbor Maintenance 

20 Trust Fund (not to exceed the total amount deposited in 

21 the Harbor Maintenance Trust Fund in the prior fiscal 

22 year) shall be subtracted from the estimate of discretionary 

23 budget authority and outlays for any estimate of an appro24 priations Act under the Congressional Budget and Im25 poundment Control Act of 1974 or the Balanced Budget and 
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1 Emergency Deficit Control Act of 1985: Provided, That the 

2 modifications described in this section shall not take effect 

3 until the earlier of January 1, 2021 or the date of enact4 ment of legislation authorizing the development of water re5 sources and shall remain in effect thereafter. 

6 SEC. 14004. Section 14321(a)(2)(B)(ii) of title 40, 

7 United States Code, is amended by inserting ‘‘, except that 

8 a discretionary grant to respond to economic distress di9 rectly related to the impacts of the Coronavirus Disease 

10 2019 (COVID–19) shall not be included in such aggregate 

11 amount’’ before the period at the end. 

12 TITLE V 

13 DEPARTMENT OF THE TREASURY 

14 INTERNAL REVENUE SERVICE

15 ADMINISTRATIVE PROVISION—INTERNAL REVENUE

16 SERVICE

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 15001. In addition to the amounts otherwise 

19 available to the Internal Revenue Service in fiscal year 

20 2020, $250,000,000, to remain available until September 

21 30, 2021, shall be available to prevent, prepare for, and re22 spond to coronavirus, domestically or internationally, in23 cluding costs associated with the extended filing season and 

24 implementation of the Families First Coronavirus Response 

25 Act: Provided, That such funds may be transferred by the 
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1 Commissioner to the ‘‘Taxpayer Services,’’ ‘‘Enforcement,’’ 

2 or ‘‘Operations Support’’ accounts of the Internal Revenue 

3 Service for an additional amount to be used solely to pre4 vent, prepare for, and respond to coronavirus, domestically 

5 or internationally: Provided further, That the Committees 

6 on Appropriations of the House of Representatives and the 

7 Senate shall be notified in advance of any such transfer: 

8 Provided further, That such transfer authority is in addi9 tion to any other transfer authority provided by law: Pro10 vided further, That not later than 30 days after the date 

11 of enactment of this Act, the Commissioner shall submit to 

12 the Committees on Appropriations of the House of Rep13 resentatives and the Senate a spending plan for such funds: 

14 Provided further, That such amount is designated by the 

15 Congress as being for an emergency requirement pursuant 

16 to section 251(b)(2)(A)(i) of the Balanced Budget and 

17 Emergency Deficit Control Act of 1985. 

18 THE JUDICIARY 

19 SUPREME COURT OF THE UNITED STATES

20 SALARIES AND EXPENSES

21 For an additional amount for ‘‘Salaries and Ex22 penses’’, $500,000, to prevent, prepare for, and respond to 

23 coronavirus, domestically or internationally: Provided, 

24 That such amount is designated by the Congress as being 

25 for an emergency requirement pursuant to section 
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1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

4 JUDICIAL SERVICES

5 SALARIES AND EXPENSES

6 For an additional amount for ‘‘Salaries and Ex7 penses’’, $6,000,000, to prevent, prepare for, and respond 

8 to coronavirus, domestically or internationally: Provided, 

9 That such amount is designated by the Congress as being 

10 for an emergency requirement pursuant to section 

11 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985. 

13 DEFENDER SERVICES

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

15 $1,000,000, to remain available until expended, to prevent, 

16 prepare for, and respond to coronavirus, domestically or 

17 internationally: Provided, That such amount is designated 

18 by the Congress as being for an emergency requirement pur19 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

20 Emergency Deficit Control Act of 1985. 

21 ADMINISTRATIVE PROVISION—THE JUDICIARY

22 VIDEO TELECONFERENCING FOR CRIMINAL PROCEEDINGS

23 SEC. 15002. (a) DEFINITION.—In this section, the 

24 term ‘‘covered emergency period’’ means the period begin25 ning on the date on which the President declared a national 
643 

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1 emergency under the National Emergencies Act (50 U.S.C. 

2 1601 et seq.) with respect to the Coronavirus Disease 2019 

3 (COVID–19) and ending on the date that is 30 days after 

4 the date on which the national emergency declaration ter5 minates. 

6 (b) VIDEO TELECONFERENCING FOR CRIMINAL PRO7 CEEDINGS.— 

8 (1) IN GENERAL.—Subject to paragraphs (3), 

9 (4), and (5), if the Judicial Conference of the United 

10 States finds that emergency conditions due to the na11 tional emergency declared by the President under the 

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

13 with respect to the Coronavirus Disease 2019 

14 (COVID–19) will materially affect the functioning of 

15 either the Federal courts generally or a particular 

16 district court of the United States, the chief judge of 

17 a district court covered by the finding (or, if the chief 

18 judge is unavailable, the most senior available active 

19 judge of the court or the chief judge or circuit justice 

20 of the circuit that includes the district court), upon 

21 application of the Attorney General or the designee of 

22 the Attorney General, or on motion of the judge or 

23 justice, may authorize the use of video teleconfer24 encing, or telephone conferencing if video teleconfer-
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1 encing is not reasonably available, for the following 

2 events: 

3 (A) Detention hearings under section 3142 

4 of title 18, United States Code. 

5 (B) Initial appearances under Rule 5 of the 

6 Federal Rules of Criminal Procedure. 

7 (C) Preliminary hearings under Rule 5.1 of 

8 the Federal Rules of Criminal Procedure. 

9 (D) Waivers of indictment under Rule 7(b) 

10 of the Federal Rules of Criminal Procedure. 

11 (E) Arraignments under Rule 10 of the 

12 Federal Rules of Criminal Procedure. 

13 (F) Probation and supervised release rev14 ocation proceedings under Rule 32.1 of the Fed15 eral Rules of Criminal Procedure. 

16 (G) Pretrial release revocation proceedings 

17 under section 3148 of title 18, United States 

18 Code. 

19 (H) Appearances under Rule 40 of the Fed20 eral Rules of Criminal Procedure. 

21 (I) Misdemeanor pleas and sentencings as 

22 described in Rule 43(b)(2) of the Federal Rules 

23 of Criminal Procedure. 

24 (J) Proceedings under chapter 403 of title 

25 18, United States Code (commonly known as the 
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1 ‘‘Federal Juvenile Delinquency Act’’), except for 

2 contested transfer hearings and juvenile delin3 quency adjudication or trial proceedings. 

4 (2) FELONY PLEAS AND SENTENCING.— 

5 (A) IN GENERAL.—Subject to paragraphs 

6 (3), (4), and (5), if the Judicial Conference of the 

7 United States finds that emergency conditions 

8 due to the national emergency declared by the 

9 President under the National Emergencies Act 

10 (50 U.S.C. 1601 et seq.) with respect to the 

11 Coronavirus Disease 2019 (COVID–19) will ma12 terially affect the functioning of either the Fed13 eral courts generally or a particular district 

14 court of the United States, the chief judge of a 

15 district court covered by the finding (or, if the 

16 chief judge is unavailable, the most senior avail17 able active judge of the court or the chief judge 

18 or circuit justice of the circuit that includes the 

19 district court) specifically finds, upon applica20 tion of the Attorney General or the designee of 

21 the Attorney General, or on motion of the judge 

22 or justice, that felony pleas under Rule 11 of the 

23 Federal Rules of Criminal Procedure and felony 

24 sentencings under Rule 32 of the Federal Rules 

25 of Criminal Procedure cannot be conducted in 
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1 person without seriously jeopardizing public 

2 health and safety, and the district judge in a 

3 particular case finds for specific reasons that the 

4 plea or sentencing in that case cannot be further 

5 delayed without serious harm to the interests of 

6 justice, the plea or sentencing in that case may 

7 be conducted by video teleconference, or by tele8 phone conference if video teleconferencing is not 

9 reasonably available. 

10 (B) APPLICABILITY TO JUVENILES.—The 

11 video teleconferencing and telephone conferencing 

12 authority described in subparagraph (A) shall 

13 apply with respect to equivalent plea and sen14 tencing, or disposition, proceedings under chap15 ter 403 of title 18, United States Code (com16 monly known as the ‘‘Federal Juvenile Delin17 quency Act’’). 

18 (3) REVIEW.— 

19 (A) IN GENERAL.—On the date that is 90 

20 days after the date on which an authorization 

21 for the use of video teleconferencing or telephone 

22 conferencing under paragraph (1) or (2) is 

23 issued, if the emergency authority has not been 

24 terminated under paragraph (5), the chief judge 

25 of the district court (or, if the chief judge is un-
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1 available, the most senior available active judge 

2 of the court or the chief judge or circuit justice 

3 of the circuit that includes the district court) to 

4 which the authorization applies shall review the 

5 authorization and determine whether to extend 

6 the authorization. 

7 (B) ADDITIONAL REVIEW.—If an authoriza8 tion is extended under subparagraph (A), the 

9 chief judge of the district court (or, if the chief 

10 judge is unavailable, the most senior available 

11 active judge of the court or the chief judge or cir12 cuit justice of the circuit that includes the dis13 trict court) to which the authorization applies 

14 shall review the extension of authority not less 

15 frequently than once every 90 days until the ear16 lier of— 

17 (i) the date on which the chief judge 

18 (or other judge or justice) determines the 

19 authorization is no longer warranted; or 

20 (ii) the date on which the emergency 

21 authority is terminated under paragraph 

22 (5). 

23 (4) CONSENT.—Video teleconferencing or tele24 phone conferencing authorized under paragraph (1) 

25 or (2) may only take place with the consent of the de-
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1 fendant, or the juvenile, after consultation with coun2 sel. 

3 (5) TERMINATION OF EMERGENCY AUTHORITY.— 

4 The authority provided under paragraphs (1), (2), 

5 and (3), and any specific authorizations issued under 

6 those paragraphs, shall terminate on the earlier of— 

7 (A) the last day of the covered emergency 

8 period; or 

9 (B) the date on which the Judicial Con10 ference of the United States finds that emergency 

11 conditions due to the national emergency de12 clared by the President under the National 

13 Emergencies Act (50 U.S.C. 1601 et seq.) with 

14 respect to the Coronavirus Disease 2019 

15 (COVID–19) no longer materially affect the 

16 functioning of either the Federal courts generally 

17 or the district court in question. 

18 (6) NATIONAL EMERGENCIES GENERALLY.—The 

19 Judicial Conference of the United States and the Su20 preme Court of the United States shall consider rule 

21 amendments under chapter 131 of title 28, United 

22 States Code (commonly known as the ‘‘Rules Ena23 bling Act’’), that address emergency measures that 

24 may be taken by the Federal courts when the Presi-
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1 dent declares a national emergency under the Na2 tional Emergencies Act (50 U.S.C. 1601 et seq.). 

3 (7) RULE OF CONSTRUCTION.—Nothing in this 

4 subsection shall obviate a defendant’s right to counsel 

5 under the Sixth Amendment to the Constitution of the 

6 United States, any Federal statute, or the Federal 

7 Rules of Criminal Procedure. 

8 (c) The amount provided by this section is designated 

9 by the Congress as being for an emergency requirement pur10 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

11 Emergency Deficit Control Act of 1985. 

12 DISTRICT OF COLUMBIA 

13 FEDERAL FUNDS

14 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND

15 SECURITY COSTS IN THE DISTRICT OF COLUMBIA

16 For an additional amount for ‘‘Federal Payment for 

17 Emergency Planning and Security Costs in the District of 

18 Columbia’’, $5,000,000, to remain available until expended, 

19 to prevent, prepare for, and respond to coronavirus, domes20 tically or internationally: Provided, That such amount is 

21 designated by the Congress as being for an emergency re22 quirement pursuant to section 251(b)(2)(A)(i) of the Bal23 anced Budget and Emergency Deficit Control Act of 1985. 
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1 INDEPENDENT AGENCIES 

2 ELECTION ASSISTANCE COMMISSION

3 ELECTION SECURITY GRANTS

4 For an additional amount for ‘‘Election Security 

5 Grants’’, $400,000,000, to prevent, prepare for, and respond 

6 to coronavirus, domestically or internationally, for the 2020 

7 Federal election cycle: Provided, That a State receiving a 

8 payment with funds provided under this heading in this 

9 Act shall provide to the Election Assistance Commission, 

10 within 20 days of each election in the 2020 Federal election 

11 cycle in that State, a report that includes a full accounting 

12 of the State’s uses of the payment and an explanation of 

13 how such uses allowed the State to prevent, prepare for, and 

14 respond to coronavirus: Provided further, That, within 3 

15 days of its receipt of a report required in the preceding pro16 viso, the Election Assistance Commission will transmit the 

17 report to the Committee on Appropriations and the Com18 mittee on House Administration of the House of Represent19 atives and the Committee on Appropriations and the Com20 mittee on Rules and Administration of the Senate: Provided 

21 further, That not later than 30 days after the date of enact22 ment of this Act, the Election Assistance Commission shall 

23 make the payments to States under this heading: Provided 

24 further, That any portion of a payment made to a State 

25 with funds provided under this heading in this Act which 
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1 is unobligated on December 31, 2020 shall be returned to 

2 the Treasury: Provided further, That such amount is des3 ignated by the Congress as being for an emergency require4 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

5 Budget and Emergency Deficit Control Act of 1985. 

6 FEDERAL COMMUNICATIONS COMMISSION

7 SALARIES AND EXPENSES

8 For an additional amount for ‘‘Salaries and Ex9 penses’’, $200,000,000, to remain available until expended, 

10 to prevent, prepare for, and respond to coronavirus, domes11 tically or internationally, including to support efforts of 

12 health care providers to address coronavirus by providing 

13 telecommunications services, information services, and de14 vices necessary to enable the provision of telehealth services 

15 during an emergency period, as defined in section 

16 1135(g)(1) of the Social Security Act (42 U.S.C. 1320b– 

17 5(g)(1)): Provided, That the Federal Communications Com18 mission may rely on the rules of the Commission under part 

19 54 of title 47, Code of Federal Regulations, in admin20 istering the amount provided under the heading in this Act 

21 if the Commission determines that such administration is 

22 in the public interest: Provided further, That such amount 

23 is designated by the Congress as being for an emergency 

24 requirement pursuant to section 251(b)(2)(A)(i) of the Bal25 anced Budget and Emergency Deficit Control Act of 1985. 
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1 GENERAL SERVICES ADMINISTRATION

2 REAL PROPERTY ACTIVITIES

3 FEDERAL BUILDINGS FUND

4 (INCLUDING TRANSFERS OF FUNDS)

5 For an additional amount to be deposited in the ‘‘Fed6 eral Buildings Fund’’, $275,000,000, to remain available 

7 until expended, to prevent, prepare for, and respond to 

8 coronavirus, domestically or internationally: Provided, 

9 That the amount provided under this heading in this Act 

10 may be used to reimburse the Fund for obligations incurred 

11 for this purpose prior to the date of the enactment of this 

12 Act: Provided further, That such amount may be trans13 ferred to, and merged with, accounts within the Federal 

14 Buildings Fund in amounts necessary to cover costs in15 curred to prevent, prepare for, and respond to coronavirus, 

16 domestically or internationally: Provided further, That the 

17 Administrator of General Services shall notify the Commit18 tees on Appropriations of the House of Representatives and 

19 the Senate quarterly on the obligations and expenditures 

20 of the funds provided by this Act by account of the Federal 

21 Buildings Fund: Provided further, That funds made avail22 able to the Administrator in this or any previous Act shall 

23 not be subject to section 3307 of title 40, United States Code, 

24 for the acquisition of space necessary to prevent, prepare 

25 for, or respond to coronavirus, domestically or internation-
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1 ally: Provided further, That no action taken by the Admin2 istrator to acquire real property and interests in real prop3 erty or to improve real property in response to coronavirus 

4 shall be deemed a Federal action or undertaking and subject 

5 to review under the National Environmental Policy Act of 

6 1969, as amended (42 U.S.C. 4321 et seq.), or the National 

7 Historic Preservation Act of 1966, as amended (54 U.S.C. 

8 300101 et seq.), respectively: Provided further, That such 

9 amount is designated by the Congress as being for an emer10 gency requirement pursuant to section 251(b)(2)(A)(i) of 

11 the Balanced Budget and Emergency Deficit Control Act 

12 of 1985. 

13 GENERAL ACTIVITIES

14 FEDERAL CITIZEN SERVICES FUND

15 (INCLUDING TRANSFER OF FUNDS)

16 For an additional amount to be deposited in the ‘‘Fed17 eral Citizen Services Fund’’, $18,650,000, to remain avail18 able until expended, to prevent, prepare for, and respond 

19 to coronavirus, domestically or internationally: Provided, 

20 That such amount is designated by the Congress as being 

21 for an emergency requirement pursuant to section 

22 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985. 
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1 WORKING CAPITAL FUND

2 For an additional amount for ‘‘Working Capital 

3 Fund’’, $1,500,000, to remain available until expended, to 

4 prevent, prepare for, and respond to coronavirus, domesti5 cally or internationally: Provided, That such amount is 

6 designated by the Congress as being for an emergency re7 quirement pursuant to section 251(b)(2)(A)(i) of the Bal8 anced Budget and Emergency Deficit Control Act of 1985. 

9 ADMINISTRATIVE PROVISION—GENERAL SERVICES

10 ADMINISTRATION

11 SEC. 15003. Notwithstanding 41 U.S.C. 

12 3304(a)(7)(B), the Administrator, when making a deter13 mination that use of noncompetitive procedures is necessary 

14 for public interest in accordance with 41 U.S.C. 

15 3304(a)(7)(A) in response to a public health emergency dec16 laration by the Secretary of Health and Human Services 

17 under section 319 of the Public Health Service Act (42 

18 U.S.C. 247(d)), is required to notify Congress in writing 

19 of that determination not less than 3 days prior to the 

20 award of the contract. 

21 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

22 OPERATING EXPENSES

23 For an additional amount for ‘‘Operating Expenses’’, 

24 $8,100,000, to remain available until September 30, 2021, 

25 to prevent, prepare for, and respond to coronavirus, domes-
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1 tically or internationally: Provided, That the amount pro2 vided under this heading in this Act may be used to provide 

3 expenses of the Federal Records Center Program for pre4 venting, preparing for, and responding to coronavirus, do5 mestically or internationally: Provided further, That such 

6 amount is designated by the Congress as being for an emer7 gency requirement pursuant to section 251(b)(2)(A)(i) of 

8 the Balanced Budget and Emergency Deficit Control Act 

9 of 1985. 

10 OFFICE OF PERSONNEL MANAGEMENT

11 SALARIES AND EXPENSES

12 For an additional amount for ‘‘Salaries and Ex13 penses’’, $12,100,000, to remain available until September 

14 30, 2021, to prevent, prepare for, and respond to 

15 coronavirus, domestically or internationally, including 

16 technologies for digital case management, short-term meth17 ods to allow electronic submissions of retirement applica18 tion packages in support of paper-based business oper19 ations, and increased telecommunications: Provided, That 

20 such amount is designated by the Congress as being for an 

21 emergency requirement pursuant to section 251(b)(2)(A)(i) 

22 of the Balanced Budget and Emergency Deficit Control Act 

23 of 1985. 
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1 PANDEMIC RESPONSE ACCOUNTABILITY COMMITTEE

2 For an additional amount for ‘‘Pandemic Response 

3 Accountability Committee’’, $80,000,000, to remain avail4 able until expended, to promote transparency and support 

5 oversight of funds provided in this Act to prevent, prepare 

6 for, and respond to coronavirus, domestically or inter7 nationally: Provided, That such amount is designated by 

8 the Congress as being for an emergency requirement pursu9 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

10 Emergency Deficit Control Act of 1985. 

11 SMALL BUSINESS ADMINISTRATION

12 DISASTER LOANS PROGRAM ACCOUNT

13 (INCLUDING TRANSFERS OF FUNDS)

14 For an additional amount for the ‘‘Disaster Loans 

15 Program Account’’, $562,000,000, to remain available until 

16 expended, to prevent, prepare for, and respond to 

17 coronavirus, domestically or internationally, for the cost of 

18 direct loans authorized by section 7(b) of the Small Busi19 ness Act and for administrative expenses to carry out the 

20 disaster loan program authorized by section 7(b) of the 

21 Small Business Act: Provided, That the amounts provided 

22 under this heading in this Act may be transferred to, and 

23 merged with, ‘‘Small Business Administration—Salaries 

24 and Expenses’’ to prevent, prepare for, and respond to 

25 coronavirus, domestically or internationally: Provided fur-
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1 ther, That such amount is designated by the Congress as 

2 being for an emergency requirement pursuant to section 

3 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

4 Deficit Control Act of 1985. 

5 GENERAL PROVISIONS—THIS TITLE 

6 PANDEMIC RESPONSE ACCOUNTABILITY COMMITTEE

7 SEC. 15010. (a) In this section— 

8 (1) the term ‘‘agency’’ has the meaning given the 

9 term in section 551 of title 5, United States Code; 

10 (2) the term ‘‘appropriate congressional commit11 tees’’ means— 

12 (A) the Committees on Appropriations of 

13 the Senate and the House of Representatives; 

14 (B) the Committee on Homeland Security 

15 and Governmental Affairs of the Senate; 

16 (C) the Committee on Oversight and Reform 

17 of the House of Representatives; and 

18 (D) any other relevant congressional com19 mittee of jurisdiction; 

20 (3) the term ‘‘Chairperson’’ means the Chair21 person of the Committee; 

22 (4) the term ‘‘Council’’ means the Council of the 

23 Inspectors General on Integrity and Efficiency estab24 lished under section 11 of the Inspector General Act 

25 of 1978 (5 U.S.C. App); 
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1 (5) the term ‘‘Committee’’ means the Pandemic 

2 Response Accountability Committee established under 

3 subsection (b); 

4 (6) the term ‘‘covered funds’’ means any funds, 

5 including loans, that are made available in any form 

6 to any non-Federal entity, not including an indi7 vidual, under— 

8 (A) this Act; 

9 (B) the Coronavirus Preparedness and Re10 sponse Supplemental Appropriations Act, 2020 

11 (Public Law 116–123); 

12 (C) the Families First Coronavirus Re13 sponse Act (Public Law 116–127); or 

14 (D) any other Act primarily making appro15 priations for the Coronavirus response and re16 lated activities; and 

17 (7) the term ‘‘Coronavirus response’’ means the 

18 Federal Government’s response to the nationwide pub19 lic health emergency declared by the Secretary of 

20 Health and Human Services, retroactive to January 

21 27, 2020, pursuant to section 319 of the Public 

22 Health Service Act (42 U.S.C. 247d), as a result of 

23 confirmed cases of the novel coronavirus (COVID–19) 

24 in the United States. 
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1 (b) There is established within the Council the Pan2 demic Response Accountability Committee to promote 

3 transparency and conduct and support oversight of covered 

4 funds and the Coronavirus response to— 

5 (1) prevent and detect fraud, waste, abuse, and 

6 mismanagement; and 

7 (2) mitigate major risks that cut across program 

8 and agency boundaries. 

9 (c)(1) The Chairperson of the Committee shall be se10 lected by the Chairperson of the Council from among In11 spectors General described in subparagraphs (B), (C), and 

12 (D) of paragraph (2) with experience managing oversight 

13 of large organizations and expenditures. 

14 (2) The members of the Committee shall include— 

15 (A) the Chairperson; 

16 (B) the Inspectors General of the Departments of 

17 Defense, Education, Health and Human Services, 

18 Homeland Security, Justice, Labor, and the Treas19 ury; 

20 (C) the Inspector General of the Small Business 

21 Administration; 

22 (D) the Treasury Inspector General for Tax Ad23 ministration; and 

24 (E) any other Inspector General, as designated 

25 by the Chairperson from any agency that expends or 
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1 obligates covered funds or is involved in the 

2 Coronavirus response. 

3 (3)(A) There shall be an Executive Director and a 

4 Deputy Executive Director of the Committee. 

5 (B)(i)(I) Not later than 30 days after the date of enact6 ment of this Act, the Executive Director of the Committee 

7 shall be appointed by the Chairperson of the Council, in 

8 consultation with the majority leader of the Senate, the 

9 Speaker of the House of Representatives, the minority lead10 er of the Senate, and the minority leader of the House of 

11 Representatives. 

12 (II) Not later than 90 days after the date of enactment 

13 of this Act, the Deputy Executive Director of the Committee 

14 shall be appointed by the Chairperson of the Council, in 

15 consultation with the majority leader of the Senate, the 

16 Speaker of the House of Representatives, the minority lead17 er of the Senate, the minority leader of the House of Rep18 resentatives, and the Executive Director of the Committee. 

19 (ii) The Executive Director and the Deputy Executive 

20 Director of the Committee shall— 

21 (I) have demonstrated ability in accounting, au22 diting, and financial analysis; 

23 (II) have experience managing oversight of large 

24 organizations and expenditures; and 

25 (III) be full-time employees of the Committee. 
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1 (C) The Executive Director of the Committee shall— 

2 (i) report directly to the Chairperson; 

3 (ii) appoint staff of the Committee, subject to the 

4 approval of the Chairperson, consistent with sub5 section (f); 

6 (iii) supervise and coordinate Committee func7 tions and staff; and 

8 (iv) perform any other duties assigned to the Ex9 ecutive Director by the Committee. 

10 (4)(A) Members of the Committee may not receive ad11 ditional compensation for services performed. 

12 (B) The Executive Director and Deputy Executive Di13 rector of the Committee shall be compensated at the rate 

14 of basic pay prescribed for level IV of the Executive Schedule 

15 under section 5315 of title 5, United States Code. 

16 (d)(1)(A) The Committee shall conduct and coordinate 

17 oversight of covered funds and the Coronavirus response and 

18 support Inspectors General in the oversight of covered funds 

19 and the Coronavirus response in order to— 

20 (i) detect and prevent fraud, waste, abuse, and 

21 mismanagement; and 

22 (ii) identify major risks that cut across pro23 grams and agency boundaries. 

24 (B) The functions of the Committee shall include— 
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1 (i) developing a strategic plan to ensure coordi2 nated, efficient, and effective comprehensive oversight 

3 by the Committee and Inspectors General over all as4 pects of covered funds and the Coronavirus response; 

5 (ii) auditing or reviewing covered funds, includ6 ing a comprehensive audit and review of charges 

7 made to Federal contracts pursuant to authorities 

8 provided in the Coronavirus Aid, Relief, and Eco9 nomic Security Act, to determine whether wasteful 

10 spending, poor contract or grant management, or 

11 other abuses are occurring and referring matters the 

12 Committee considers appropriate for investigation to 

13 the Inspector General for the agency that disbursed 

14 the covered funds, including conducting randomized 

15 audits to identify fraud; 

16 (iii) reviewing whether the reporting of contracts 

17 and grants using covered funds meets applicable 

18 standards and specifies the purpose of the contract or 

19 grant and measures of performance; 

20 (iv) reviewing the economy, efficiency, and effec21 tiveness in the administration of, and the detection of 

22 fraud, waste, abuse, and mismanagement in, 

23 Coronavirus response programs and operations; 
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1 (v) reviewing whether competition requirements 

2 applicable to contracts and grants using covered 

3 funds have been satisfied; 

4 (vi) serving as a liaison to the Director of the 

5 Office of Management and Budget, the Secretary of 

6 the Treasury, and other officials responsible for im7 plementing the Coronavirus response; 

8 (vii) reviewing whether there are sufficient quali9 fied acquisition, grant, and other applicable personnel 

10 overseeing covered funds and the Coronavirus re11 sponse; 

12 (viii) reviewing whether personnel whose duties 

13 involve the Coronavirus response or acquisitions or 

14 grants made with covered funds or are otherwise re15 lated to the Coronavirus response receive adequate 

16 training, technology support, and other resources; 

17 (ix) reviewing whether there are appropriate 

18 mechanisms for interagency collaboration relating to 

19 the oversight of covered funds and the Coronavirus re20 sponse, including coordinating and collaborating to 

21 the extent practicable with State and local govern22 ment entities; 

23 (x) expeditiously reporting to the Attorney Gen24 eral any instance in which the Committee has reason-
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1 able grounds to believe there has been a violation of 

2 Federal criminal law; and 

3 (xi) coordinating and supporting Inspectors 

4 General on matters related to oversight of covered 

5 funds and the Coronavirus response. 

6 (2)(A)(i) The Committee shall submit to the President 

7 and Congress, including the appropriate congressional com8 mittees, management alerts on potential management, risk, 

9 and funding problems that require immediate attention. 

10 (ii) The Committee shall submit to Congress such other 

11 reports or provide such periodic updates on the work of the 

12 Committee as the Committee considers appropriate on the 

13 use of covered funds and the Coronavirus response. 

14 (B) The Committee shall submit biannual reports to 

15 the President and Congress, including the appropriate con16 gressional committees, and may submit additional reports 

17 as appropriate— 

18 (i) summarizing the findings of the Committee; 

19 and 

20 (ii) identifying and quantifying the impact of 

21 any tax expenditures or credits authorized under this 

22 Act to the extent practicable. 

23 (C)(i) All reports submitted under this paragraph 

24 shall be made publicly available and posted on the website 

25 established under subsection (g). 
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1 (ii) Any portion of a report submitted under this para2 graph may be redacted when made publicly available, if 

3 that portion would disclose information that is not subject 

4 to disclosure under sections 552 and 552a of title 5, United 

5 States Code, or is otherwise prohibited from disclosure by 

6 law. 

7 (3)(A) The Committee shall make recommendations to 

8 agencies on measures to prevent or address fraud, waste, 

9 abuse and mismanagement, and to mitigate risks that cut 

10 across programs and agency boundaries, relating to covered 

11 funds and the Coronavirus response. 

12 (B) Not later than 30 days after receipt of a rec13 ommendation under subparagraph (A), an agency shall 

14 submit a report to the President and the appropriate con15 gressional committees on— 

16 (i) whether the agency agrees or disagrees with 

17 the recommendations; and 

18 (ii) any actions the agency will take to imple19 ment the recommendations, which shall also be in20 cluded in the report required under section 2(b) of the 

21 GAO–IG Act (31 U.S.C. 1105 note). 

22 (e)(1) The Committee shall conduct audits and reviews 

23 of programs, operations, and expenditures relating to cov24 ered funds and the Coronavirus response and coordinate on 

25 such activities with the Inspector General of the relevant 
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1 agency to avoid unnecessary duplication and overlap of 

2 work. 

3 (2) The Committee may— 

4 (A) conduct its own independent investigations, 

5 audits, and reviews relating to covered funds or the 

6 Coronavirus response; 

7 (B) collaborate on audits and reviews relating to 

8 covered funds with any Inspector General of an agen9 cy; and 

10 (C) provide support to relevant agency Inspec11 tors General in conducting investigations, audits, and 

12 reviews relating to the covered funds and Coronavirus 

13 response. 

14 (3)(A) In conducting and supporting investigations, 

15 audits, and reviews under this subsection, the Committee— 

16 (i) shall have the authorities provided under sec17 tion 6 of the Inspector General Act of 1978 (5 U.S.C. 

18 App.); 

19 (ii) may issue subpoenas to compel the testimony 

20 of persons who are not Federal officers or employees; 

21 and 

22 (iii) may enforce such subpoenas in the event of 

23 a refusal to obey by order of any appropriate United 

24 States district court as provided for under section 6 

25 of the Inspector General Act of 1978 (5 U.S.C. App). 
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1 (B) The Committee shall carry out the powers under 

2 paragraphs (1) and (2) in accordance with section 4(b)(1) 

3 of the Inspector General Act of 1978 (5 U.S.C. App.). 

4 (C) Whenever information or assistance requested by 

5 the Committee or an Inspector General is unreasonably re6 fused or not provided, the Committee shall immediately re7 port the circumstances to the appropriate congressional 

8 committees. 

9 (D) The Committee shall leverage existing information 

10 technology resources within the Council, such as over11 sight.gov, to carry out the duties of the Committee. 

12 (4)(A) The Committee may hold public hearings and 

13 Committee personnel may conduct necessary inquiries. 

14 (B) The head of each agency shall make all officers 

15 and employees of that agency available to provide testimony 

16 to the Committee and Committee personnel. 

17 (C) The Committee may issue subpoenas to compel the 

18 testimony of persons who are not Federal officers or employ19 ees at such public hearings, which may be enforced in the 

20 same manner as provided for subpoenas under section 6 of 

21 the Inspector General Act of 1978 (5 U.S.C. App.). 

22 (5) The Committee may enter into contracts to enable 

23 the Committee to discharge its duties, including contracts 

24 and other arrangements for audits, studies, analyses, and 

25 other services with public agencies and with private per-
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1 sons, and make such payments as may be necessary to carry 

2 out the duties of the Committee. 

3 (6) The Committee may establish subcommittees to fa4 cilitate the ability of the Committee to discharge its duties. 

5 (7) The Committee may transfer funds appropriated 

6 to the Committee for expenses to support administrative 

7 support services and audits, reviews, or other activities re8 lated to oversight by the Committee of covered funds or the 

9 Coronavirus response to any Office of the Inspector General 

10 or the General Services Administration. 

11 (f)(1)(A)(i) Subject to subparagraph (B), the Com12 mittee may exercise the authorities of subsections (b) 

13 through (i) of section 3161 of title 5, United States Code 

14 (without regard to subsection (a) of that section) to carry 

15 out the functions of the Committee under this section. 

16 (ii) For purposes of exercising the authorities described 

17 under clause (i), the term ‘‘Chairperson’’ shall be sub18 stituted for the term ‘‘head of a temporary organization’’. 

19 (iii) In exercising the authorities described in clause 

20 (i), the Chairperson shall consult with members of the Com21 mittee. 

22 (iv) In addition to the authority provided by section 

23 3161(c) of title 5, United States Code, upon the request of 

24 an Inspector General, the Committee may detail, on a non25 reimbursable basis, any personnel of the Council to that In-
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1 spector General to assist in carrying out any audit, review, 

2 or investigation pertaining to the oversight of covered funds 

3 or the Coronavirus response. 

4 (B) In exercising the employment authorities under 

5 section 3161(b) of title 5, United States Code, as provided 

6 under subparagraph (A) of this paragraph— 

7 (i) section 3161(b)(2) of that title (relating to pe8 riods of appointments) shall not apply; and 

9 (ii) no period of appointment may exceed the 

10 date on which the Committee terminates. 

11 (C)(i) A person employed by the Committee shall ac12 quire competitive status for appointment to any position 

13 in the competitive service for which the employee possesses 

14 the required qualifications upon the completion of 2 years 

15 of continuous service as an employee under this subsection. 

16 (ii) No person who is first employed as described in 

17 clause (i) more than 2 years after the date of enactment 

18 of this Act may acquire competitive status under clause (i). 

19 (2)(A) The Committee may employ annuitants covered 

20 by section 9902(g) of title 5, United States Code, for pur21 poses of the oversight of covered funds or the Coronavirus 

22 response. 

23 (B) The employment of annuitants under this para24 graph shall be subject to the provisions of section 9902(g) 
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1 of title 5, United States Code, as if the Committee was the 

2 Department of Defense. 

3 (3) Upon request of the Committee for information or 

4 assistance from any agency or other entity of the Federal 

5 Government, the head of such entity shall, insofar as is 

6 practicable and not in contravention of any existing law, 

7 and consistent with section 6 of the Inspector General Act 

8 of 1978 (5 U.S.C. App.), furnish such information or assist9 ance to the Committee, or an authorized designee, including 

10 an Inspector General designated by the Chairperson. 

11 (4) Any Inspector General responsible for conducting 

12 oversight related to covered funds or the Coronavirus re13 sponse may, consistent with the duties, responsibilities, 

14 policies, and procedures of the Inspector General, provide 

15 information requested by the Committee or an Inspector 

16 General on the Committee relating to the responsibilities 

17 of the Committee. 

18 (g)(1)(A) Not later than 30 days after the date of en19 actment of this Act, the Committee shall establish and 

20 maintain a user-friendly, public-facing website to foster 

21 greater accountability and transparency in the use of cov22 ered funds and the Coronavirus response, which shall have 

23 a uniform resource locator that is descriptive and memo24 rable. 
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1 (B) The Committee shall leverage existing information 

2 technology and resources, such as oversight.gov, to the great3 est extent practicable to meet the requirements under this 

4 section. 

5 (2) The website established and maintained under 

6 paragraph (1) shall be a portal or gateway to key informa7 tion relating to the oversight of covered funds and the 

8 Coronavirus response and provide connections to other Gov9 ernment websites with related information. 

10 (3) In establishing and maintaining the website under 

11 paragraph (1), the Committee shall ensure the following: 

12 (A) The website shall provide materials and in13 formation explaining the Coronavirus response and 

14 how covered funds are being used. The materials shall 

15 be easy to understand and regularly updated. 

16 (i) The website shall provide accountability in17 formation, including findings from Inspectors Gen18 eral, including any progress reports, audits, inspec19 tions, or other reports, including reports from or links 

20 to reports on the website of the Government Account21 ability Office. 

22 (ii) The website shall provide data on relevant 

23 operational, economic, financial, grant, subgrant, 

24 contract, and subcontract information in user-friend-
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1 ly visual presentations to enhance public awareness of 

2 the use of covered funds and the Coronavirus response. 

3 (iii) The website shall provide detailed data on 

4 any Federal Government awards that expend covered 

5 funds, including a unique trackable identification 

6 number for each project, information about the proc7 ess that was used to award the covered funds, and for 

8 any covered funds over $150,000, a detailed expla9 nation of any associated agreement, where applicable. 

10 (iv) The website shall include downloadable, ma11 chine-readable, open format reports on covered funds 

12 obligated by month to each State and congressional 

13 district, where applicable. 

14 (v) The website shall provide a means for the 

15 public to give feedback on the performance of any cov16 ered funds and of the Coronavirus response, including 

17 confidential feedback. 

18 (vi) The website shall include detailed informa19 tion on Federal Government awards that expend cov20 ered funds, including data elements required under 

21 the Federal Funding Accountability and Trans22 parency Act of 2006 (31 U.S.C. 6101 note), allowing 

23 aggregate reporting on awards below $50,000, as pre24 scribed by the Director of the Office of Management 

25 and Budget. 
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1 (vii) The website shall provide a link to esti2 mates of the jobs sustained or created by this Act to 

3 the extent practicable. 

4 (viii) The website shall include appropriate links 

5 to other government websites with information con6 cerning covered funds and the Coronavirus response, 

7 including Federal agency and State websites. 

8 (ix) The website shall include a plan from each 

9 Federal agency for using covered funds. 

10 (x) The website shall provide information on 

11 Federal allocations of mandatory and other entitle12 ment programs by State, county, or other geo13 graphical unit related to covered funds or the 

14 Coronavirus response. 

15 (xi) The website shall present the data such that 

16 funds subawarded by recipients are not double count17 ed in search results, data visualizations, or other re18 ports. 

19 (xii) The website shall include all recommenda20 tions made to agencies relating to covered funds and 

21 the Coronavirus response, as well as the status of each 

22 recommendation. 

23 (xiii) The website shall be enhanced and updated 

24 as necessary to carry out the purposes of this section. 
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1 (4) The Committee may exclude posting contractual or 

2 other information on the website on a case-by-case basis 

3 when necessary to protect national security or to protect 

4 information that is not subject to disclosure under sections 

5 552 and 552a of title 5, United States Code. 

6 (h)(1) Nothing in this section shall affect the inde7 pendent authority of an Inspector General to determine 

8 whether to conduct an audit or investigation of covered 

9 funds or the Coronavirus response. 

10 (2) If the Committee requests that an Inspector Gen11 eral of an agency conduct or refrain from conducting an 

12 audit or investigation and the Inspector General rejects the 

13 request in whole or in part, the Inspector General shall, 

14 not later than 30 days after rejecting the request, submit 

15 a report to the Committee, the head of the applicable agen16 cy, and the appropriate congressional committees, that 

17 states the reasons that the Inspector General has rejected 

18 the request in whole or in part. 

19 (i) The Committee shall coordinate its oversight activi20 ties with the Comptroller General of the United States and 

21 State auditors. 

22 (j) For the purposes of carrying out the mission of the 

23 Committee under this section, there are authorized to be ap24 propriated such sums as may be necessary to carry out the 

25 duties and functions of the Committee. 
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1 (k) The Committee shall terminate on September 30, 

2 2025. 

3 REPORTING ON USE OF FUNDS

4 SEC. 15011. (a) In this section— 

5 (1) the terms ‘‘agency’’, ‘‘appropriate congres6 sional committees’’, ‘‘Committee’’, ‘‘covered funds’’, 

7 and ‘‘Coronavirus response’’ have the meanings given 

8 those terms in section 15010; 

9 (2) the term ‘‘covered recipient’’— 

10 (A) means any entity that receives large 

11 covered funds; and 

12 (B) includes any State, the District of Co13 lumbia, and any territory or possession of the 

14 United States; and 

15 (3) the term ‘‘large covered funds’’ means covered 

16 funds that amount to more than $150,000. 

17 (b)(1)(A) On a monthly basis until September 30, 

18 2021, each agency shall report to the Director of the Office 

19 of Management and Budget, the Bureau of Fiscal Service 

20 in the Department of the Treasury, the Committee, and the 

21 appropriate congressional committees on any obligation or 

22 expenditure of large covered funds, including loans and 

23 awards. 

24 (B) Not later than 90 days after the date of enactment 

25 of this Act, each agency shall submit to the Committee a 

26 plan describing how the agency will use covered funds. 
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1 (2) Not later than 10 days after the end of each cal2 endar quarter, each covered recipient shall submit to the 

3 agency and the Committee a report that contains— 

4 (A) the total amount of large covered funds re5 ceived from the agency; 

6 (B) the amount of large covered funds received 

7 that were expended or obligated for each project or ac8 tivity; 

9 (C) a detailed list of all projects or activities for 

10 which large covered funds were expended or obligated, 

11 including— 

12 (i) the name of the project or activity; 

13 (ii) a description of the project or activity; 

14 and 

15 (iii) the estimated number of jobs created or 

16 retained by the project or activity, where appli17 cable; and 

18 (D) detailed information on any level of sub19 contracts or subgrants awarded by the covered recipi20 ent or its subcontractors or subgrantees, to include the 

21 data elements required to comply with the Federal 

22 Funding Accountability and Transparency Act of 

23 2006 (31 U.S.C. 6101 note) allowing aggregate re24 porting on awards below $50,000 or to individuals, as 
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1 prescribed by the Director of the Office of Manage2 ment and Budget. 

3 (3) Not later than 30 days after the end of each cal4 endar quarter, the Committee, in consultation with the 

5 agency that made large covered funds available to any cov6 ered recipient shall make the information in reports sub7 mitted under paragraph (2) publicly available by posting 

8 the information on the website established under section 

9 15010(g). 

10 (4)(A) Each agency, in coordination with the Com11 mittee and the Director of the Office of Management and 

12 Budget shall provide user-friendly means for covered recipi13 ents to meet requirements of this subsection. 

14 (B) Federal agencies may use existing mechanisms to 

15 ensure that information under this subsection is reported 

16 accurately. 

17 (c)(1) The Director of the Office of Management and 

18 Budget, in consultation with the Secretary of the Treasury, 

19 the Administrator of the Small Business Administration, 

20 and the Chairperson of the Council of Economic Advisors, 

21 shall submit to the appropriate congressional committees 

22 and publicly release on the website established under section 

23 15010(g) quarterly reports that detail the impact of pro24 grams funded through large covered funds on employment, 
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1 estimated economic growth, and other key economic indica2 tors, including information about impacted industries. 

3 (2)(A) The first report submitted under paragraph (1) 

4 shall be submitted not later than 45 days after the end of 

5 the first full quarter following the date of enactment of this 

6 Act. 

7 (B) The last report required to be submitted under 

8 paragraph (1) shall apply to the quarter in which the Com9 mittee terminates. 

10 TITLE VI 

11 DEPARTMENT OF HOMELAND SECURITY 

12 MANAGEMENT DIRECTORATE

13 OPERATIONS AND SUPPORT

14 For an additional amount for ‘‘Operations and Sup15 port’’, $178,300,000, to remain available until September 

16 30, 2021, to prevent, prepare for, and respond to 

17 coronavirus, domestically or internationally, which shall be 

18 for the purchase of personal protective equipment and sani19 tization materials: Provided, That funds provided under 

20 this heading in this Act may be transferred by the Secretary 

21 of Homeland Security between appropriations in the De22 partment only for the purchase of personal protective equip23 ment and sanitization materials to prevent, prepare for, 

24 and respond to coronavirus, domestically or internation25 ally: Provided further, That none of the funds made avail-
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1 able under this heading may be transferred pursuant to the 

2 authority in section 503 of the Department of Homeland 

3 Security Appropriations Act, 2020: Provided further, That 

4 the Department shall provide notice of any transfer to the 

5 Committees on Appropriations of the Senate and the House 

6 of Representatives not later than 5 days after executing such 

7 transfer: Provided further, That such amount is designated 

8 by the Congress as being for an emergency requirement pur9 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

10 Emergency Deficit Control Act of 1985. 

11 TRANSPORTATION SECURITY ADMINISTRATION

12 OPERATIONS AND SUPPORT

13 For an additional amount for ‘‘Operations and Sup14 port’’, $100,000,000, to remain available until September 

15 30, 2021, to prevent, prepare for, and respond to 

16 coronavirus, domestically or internationally, which shall be 

17 for cleaning and sanitization at checkpoints and other air18 port common areas; overtime and travel costs; and explosive 

19 detection materials: Provided, That such amount is des20 ignated by the Congress as being for an emergency require21 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

22 Budget and Emergency Deficit Control Act of 1985. 
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1 UNITED STATES COAST GUARD

2 OPERATIONS AND SUPPORT

3 For an additional amount for ‘‘Operations and Sup4 port’’, $140,800,000, to remain available until September 

5 30, 2021, to prevent, prepare for, and respond to 

6 coronavirus, domestically or internationally, which shall be 

7 for mobilization of reservists and increasing the capability 

8 and capacity of Coast Guard information technology sys9 tems and infrastructure: Provided, That such amount is 

10 designated by the Congress as being for an emergency re11 quirement pursuant to section 251(b)(2)(A)(i) of the Bal12 anced Budget and Emergency Deficit Control Act of 1985. 

13 CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY

14 OPERATIONS AND SUPPORT

15 For an additional amount for ‘‘Operations and Sup16 port’’, $9,100,000, to remain available until September 30, 

17 2021, to prevent, prepare for, and respond to coronavirus, 

18 domestically or internationally, which shall be for support 

19 of interagency critical infrastructure coordination and re20 lated activities: Provided, That such amount is designated 

21 by the Congress as being for an emergency requirement pur22 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

23 Emergency Deficit Control Act of 1985. 
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1 FEDERAL EMERGENCY MANAGEMENT AGENCY

2 OPERATIONS AND SUPPORT

3 For an additional amount for ‘‘Operations and Sup4 port’’, $44,987,000, to remain available until September 30, 

5 2021, to prevent, prepare for, and respond to coronavirus, 

6 domestically or internationally, which shall be for enhance7 ments to information technology and for facilities support: 

8 Provided, That such amount is designated by the Congress 

9 as being for an emergency requirement pursuant to section 

10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

11 Deficit Control Act of 1985. 

12 DISASTER RELIEF FUND

13 For an additional amount for ‘‘Disaster Relief Fund’’, 

14 $45,000,000,000, to remain available until expended: Pro15 vided, That of the amount provided under this heading in 

16 this Act, $25,000,000,000 shall be for major disasters de17 clared pursuant to the Robert T. Stafford Disaster Relief 

18 and Emergency Assistance Act (42 U.S.C. 5121 et seq.): 

19 Provided further, That of the amount provided under this 

20 heading in this Act, $15,000,000,000 may be used for all 

21 purposes authorized under such Act and may be used in 

22 addition to amounts designated by the Congress as being 

23 for disaster relief pursuant to section 251(b)(2)(D) of the 

24 Balanced Budget and Emergency Deficit Control Act of 

25 1985: Provided further, That every 30 days the Adminis-
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1 trator shall provide the Committees on Appropriations of 

2 the Senate and the House of Representatives both projected 

3 and actual costs for funds provided under this heading for 

4 major disasters and any other expenses: Provided further, 

5 That of the amounts provided under this heading, 

6 $3,000,000 shall be transferred to ‘‘Office of Inspector Gen7 eral’’ and shall remain available until expended for over8 sight of activities supported by funds provided under this 

9 heading: Provided further, That such amount is designated 

10 by the Congress as being for an emergency requirement pur11 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

12 Emergency Deficit Control Act of 1985. 

13 FEDERAL ASSISTANCE

14 For an additional amount for ‘‘Federal Assistance’’, 

15 $400,000,000, to remain available until September 30, 

16 2021, to prevent, prepare for, and respond to coronavirus, 

17 domestically or internationally: Provided, That of the 

18 amount provided under this heading in this Act, 

19 $100,000,000 shall be for Assistance to Firefighter Grants 

20 for the purchase of personal protective equipment and re21 lated supplies, including reimbursements; $100,000,000 

22 shall be for Emergency Management Performance Grants; 

23 and $200,000,000 shall be for the Emergency Food and 

24 Shelter Program: Provided further, That such amount is 

25 designated by the Congress as being for an emergency re-
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1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 

3 GENERAL PROVISIONS—THIS TITLE 

4 SEC. 16001. Notwithstanding any other provision of 

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

6 except for ‘‘Federal Emergency Management Agency—Dis7 aster Relief Fund’’, shall only be used for the purposes spe8 cifically described under that heading. 

9 SEC. 16002. Notwithstanding any other provision of 

10 law, any amounts appropriated for ‘‘Federal Emergency 

11 Management Agency—Disaster Relief Fund’’ in this Act 

12 are available only for the purposes for which they were ap13 propriated. 

14 SEC. 16003. (a) PREMIUM PAY AUTHORITY.—If serv15 ices performed during fiscal year 2020 are determined by 

16 the head of the agency to be primarily related to prepara17 tion, prevention, or response to coronavirus, any premium 

18 pay that is funded, either directly or through reimburse19 ment, by the Federal Emergency Management Agency shall 

20 be exempted from the aggregate of basic pay and premium 

21 pay calculated under section 5547(a) of title 5, United 

22 States Code, and any other provision of law limiting the 

23 aggregate amount of premium pay payable on a biweekly 

24 or calendar year basis. 
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1 (b) OVERTIME AUTHORITY.—Any overtime that is 

2 funded for such services described in subsection (a), either 

3 directly or through reimbursement, by the Federal Emer4 gency Management Agency shall be exempted from any an5 nual limit on the amount of overtime payable in a calendar 

6 or fiscal year. 

7 (c) APPLICABILITY OF AGGREGATE LIMITATION ON

8 PAY.—In determining whether an employee’s pay exceeds 

9 the applicable annual rate of basic pay payable under sec10 tion 5307 of title 5, United States Code, the head of an 

11 Executive agency shall not include pay exempted under this 

12 section. 

13 (d) LIMITATION OF PAY AUTHORITY.—Pay exempted 

14 from otherwise applicable limits under subsection (a) shall 

15 not cause the aggregate pay earned for the calendar year 

16 in which the exempted pay is earned to exceed the rate of 

17 basic pay payable for a position at level II of the Executive 

18 Schedule under section 5313 of title 5, United States Code. 

19 (e) EFFECTIVE DATE.—This section shall take effect as 

20 if enacted on January 1, 2020. 

21 SEC. 16004. (a) Amounts provided for ‘‘Coast 

22 Guard—Operations and Support’’ in the Consolidated Ap23 propriations Act, 2020 (Public Law 116–93) may be avail24 able for pay and benefits of Coast Guard Yard and Vessel 
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1 Documentation personnel, Non-Appropriated Funds per2 sonnel, and for Morale, Welfare and Recreation Programs. 

3 (b) No amounts may be used under this section from 

4 amounts that were designated by the Congress for Overseas 

5 Contingency Operations/Global War on Terrorism pursu6 ant to the Concurrent Resolution on the Budget or the Bal7 anced Budget and Emergency Deficit Control Act of 1985. 

8 SEC. 16005. (a) Notwithstanding any other provision 

9 of law regarding the licensure of health-care providers, a 

10 health-care professional described in subsection (b) may 

11 practice the health profession or professions of the health12 care professional at any location in any State, the District 

13 of Columbia, or Commonwealth, territory, or possession of 

14 the United States, or any location designated by the Sec15 retary, regardless of where such health-care professional or 

16 the patient is located, so long as the practice is within the 

17 scope of the authorized Federal duties of such health-care 

18 professional. 

19 (b) DEFINITION.—As used in this section, the term 

20 ‘‘health-care professional’’ means an individual (other than 

21 a member of the Coast Guard, a civilian employee of the 

22 Coast Guard, member of the Public Health Service who is 

23 assigned to the Coast Guard, or an individual with whom 

24 the Secretary, pursuant to 10 U.S.C. 1091, has entered into 

25 a personal services contract to carry out health care respon-
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1 sibilities of the Secretary at a medical treatment facility 

2 of the Coast Guard) who— 

3 (1) is— 

4 (A) an employee of the Department of 

5 Homeland Security, 

6 (B) a detailee to the Department from an7 other Federal agency, 

8 (C) a personal services contractor of the De9 partment, or 

10 (D) hired under a Contract for Services; 

11 (2) performs health care services as part of du12 ties of the individual in that capacity; 

13 (3) has a current, valid, and unrestricted equiva14 lent license certification that is— 

15 (A) issued by a State, the District of Co16 lumbia, or a Commonwealth, territory, or posses17 sion of the United States; and 

18 (B) for the practice of medicine, osteopathic 

19 medicine, dentistry, nursing, emergency medical 

20 services, or another health profession; and 

21 (4) is not affirmatively excluded from practice in 

22 the licensing or certifying jurisdiction or in any other 

23 jurisdiction. 

24 (c) Subsection (a) shall apply during the incident pe25 riod of the emergency declared by the President on March 
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1 13, 2020, pursuant to section 501(b) of the Robert T. Staf2 ford Disaster Relief and Emergency Assistance Act (42 

3 U.S.C. 5121(b)), and to any subsequent major declaration 

4 under section 401 of such Act that supersedes such emer5 gency declaration. 

6 SEC. 16006. The Secretary of Homeland Security, 

7 under the authority granted under section 205(b) of the 

8 REAL ID Act of 2005 (Public Law 109–13; 49 U.S.C. 

9 30301 note) shall extend the deadline by which States are 

10 required to meet the driver license and identification card 

11 issuance requirements under section 202(a)(1) of such Act 

12 until not earlier than September 30, 2021. 

13 SEC. 16007. Section 5 of the Protecting and Securing 

14 Chemical Facilities from Terrorist Attacks Act of 2014 

15 (Public Law 113–254; 6 U.S.C. 621 note) is amended by 

16 striking ‘‘the date that is 5 years and 3 months after the 

17 effective date of this Act’’ and inserting ‘‘July 23, 2020’’: 

18 Provided, That the amount provided by this section is des19 ignated by the Congress as being for an emergency require20 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

21 Budget and Emergency Deficit Control Act of 1985. 
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1 TITLE VII 

2 DEPARTMENT OF THE INTERIOR 

3 INDIAN AFFAIRS

4 BUREAU OF INDIAN AFFAIRS

5 OPERATION OF INDIAN PROGRAMS

6 (INCLUDING TRANSFERS OF FUNDS)

7 For an additional amount for ‘‘Operation of Indian 

8 Programs’’, $453,000,000, to remain available until Sep9 tember 30, 2021, to prevent, prepare for, and respond to 

10 coronavirus, domestically or internationally, including, but 

11 not limited to, funds for public safety and justice programs, 

12 executive direction to carry out deep cleaning of facilities, 

13 purchase of personal protective equipment, purchase of in14 formation technology to improve teleworking capability, 

15 welfare assistance and social services programs (including 

16 assistance to individuals), and assistance to tribal govern17 ments, including tribal governments who participate in the 

18 ‘‘Small and Needy’’ program: Provided, That amounts re19 ceived from funds provided under this heading in this Act 

20 for welfare assistance programs shall not be included in the 

21 statutory maximum for welfare assistance funds included 

22 in Public Law 116–94, the Further Consolidated Appro23 priations Act, 2020: Provided further, That assistance re24 ceived from funds provided under this heading in this Act 

25 shall not be included in the calculation of funds received 
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1 by those tribal governments who participate in the ‘‘Small 

2 and Needy’’ program: Provided further, That of the 

3 amounts provided under this heading in this Act, not less 

4 than $400,000,000 shall be made available to meet the di5 rect needs of tribes: Provided further, That amounts pro6 vided under this heading in this Act may be made available 

7 for distribution through tribal priority allocations for tribal 

8 response and capacity building activities: Provided further, 

9 That funds provided under this heading in this Act, if 

10 transferred to tribes and tribal organizations under the In11 dian Self-Determination and Education Assistance Act, 

12 will be transferred on a one-time basis and that these non13 recurring funds are not part of the amount required by 25 

14 U.S.C. § 5325: Provided further, That such amount is des15 ignated by the Congress as being for an emergency require16 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

17 Budget and Emergency Deficit Control Act of 1985. 

18 BUREAU OF INDIAN EDUCATION

19 OPERATION OF INDIAN EDUCATION PROGRAMS

20 For an additional amount for ‘‘Operation of Indian 

21 Education Programs’’, $69,000,000, to remain available 

22 until September 30, 2021, to prevent, prepare for, and re23 spond to coronavirus, domestically or internationally, in24 cluding, but not limited to, funding for tribal colleges and 

25 universities, salaries, transportation, and information tech-
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1 nology: Provided, That of the amounts provided in this 

2 paragraph, not less than $20,000,000 shall be for tribal col3 leges and universities: Provided further, That such amount 

4 is designated by the Congress as being for an emergency 

5 requirement pursuant to section 251(b)(2)(A)(i) of the Bal6 anced Budget and Emergency Deficit Control Act of 1985. 

7 DEPARTMENTAL OFFICES

8 OFFICE OF THE SECRETARY

9 DEPARTMENTAL OPERATIONS

10 (INCLUDING TRANSFERS OF FUNDS)

11 For an additional amount for ‘‘Departmental Oper12 ations’’, $158,400,000, to remain available until September 

13 30, 2021, to prevent, prepare for, and respond to 

14 coronavirus, domestically or internationally, including, but 

15 not limited to, funds for purchasing equipment and sup16 plies to disinfect and clean buildings and public areas, sup17 porting law enforcement and emergency management oper18 ations, biosurveillance of wildlife and environmental per19 sistence studies, employee overtime and special pay ex20 penses, and other response, mitigation, or recovery activi21 ties: Provided, That funds appropriated under this heading 

22 in this Act shall be used to absorb increased operational 

23 costs necessary to prevent, prepare for, and respond to 

24 coronavirus, domestically or internationally: Provided fur25 ther, That the Secretary of the Interior may transfer the 
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1 funds provided under this heading in this Act to any other 

2 account in the Department to prevent, prepare for, and re3 spond to coronavirus, domestically or internationally, and 

4 may expend such funds directly or through cooperative 

5 agreements: Provided further, That the Secretary shall pro6 vide a monthly report to the Committees on Appropriations 

7 of the House of Representatives and the Senate detailing 

8 the allocation and obligation of these funds by account, be9 ginning not later than 90 days after enactment of this Act: 

10 Provided further, That as soon as practicable after the date 

11 of enactment of this Act, the Secretary shall transfer 

12 $1,000,000 to the Office of the Inspector General, ‘‘Salaries 

13 and Expenses’’ account for oversight activities related to the 

14 implementation of programs, activities or projects funded 

15 herein: Provided further, That such amount is designated 

16 by the Congress as being for an emergency requirement pur17 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

18 Emergency Deficit Control Act of 1985. 

19 INSULAR AFFAIRS

20 ASSISTANCE TO TERRITORIES

21 For an additional amount for ‘‘Assistance to Terri22 tories’’, $55,000,000, to remain available until September 

23 30, 2021, to prevent, prepare for, and respond to 

24 coronavirus, domestically or internationally, for general 

25 technical assistance: Provided, That such amount is des-
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1 ignated by the Congress as being for an emergency require2 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

3 Budget and Emergency Deficit Control Act of 1985. 

4 ENVIRONMENTAL PROTECTION AGENCY 

5 SCIENCE AND TECHNOLOGY

6 For an additional amount for ‘‘Science and Tech7 nology’’, $2,250,000, to remain available until September 

8 30, 2021, to prevent, prepare for, and respond to 

9 coronavirus, domestically or internationally: Provided, 

10 That of the amount provided under this heading in this 

11 Act, $750,000 shall be for necessary expenses for cleaning 

12 and disinfecting equipment or facilities of, or for use by, 

13 the Environmental Protection Agency, and $1,500,000 shall 

14 be for research on methods to reduce the risks from environ15 mental transmission of coronavirus via contaminated sur16 faces or materials: Provided further, That such amount is 

17 designated by the Congress as being for an emergency re18 quirement pursuant to section 251(b)(2)(A)(i) of the Bal19 anced Budget and Emergency Deficit Control Act of 1985. 

20 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

21 For an additional amount for ‘‘Environmental Pro22 grams and Management’’, $3,910,000, to remain available 

23 until September 30, 2021, to prevent, prepare for, and re24 spond to coronavirus, domestically or internationally: Pro25 vided, That of the amount provided under this heading in 
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1 this Act, $2,410,000 shall be for necessary expenses for 

2 cleaning and disinfecting equipment or facilities of, or for 

3 use by, the Environmental Protection Agency, and oper4 ational continuity of Environmental Protection Agency 

5 programs and related activities, and $1,500,000 shall be for 

6 expediting registration and other actions related to pes7 ticides to address coronavirus: Provided further, That such 

8 amount is designated by the Congress as being for an emer9 gency requirement pursuant to section 251(b)(2)(A)(i) of 

10 the Balanced Budget and Emergency Deficit Control Act 

11 of 1985. 

12 BUILDINGS AND FACILITIES

13 For an additional amount for ‘‘Buildings and Facili14 ties’’, $300,000, to remain available until September 30, 

15 2021, to prevent, prepare for, and respond to coronavirus, 

16 domestically or internationally: Provided, That the funds 

17 provided under this heading in this Act shall be for nec18 essary expenses for cleaning and disinfecting equipment or 

19 facilities of, or for use by, the Environmental Protection 

20 Agency: Provided further, That such amount is designated 

21 by the Congress as being for an emergency requirement pur22 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

23 Emergency Deficit Control Act of 1985. 
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1 HAZARDOUS SUBSTANCE SUPERFUND

2 For an additional amount for ‘‘Hazardous Substance 

3 Superfund’’, $770,000, to remain available until September 

4 30, 2021, to prevent, prepare for, and respond to 

5 coronavirus, domestically or internationally: Provided, 

6 That the funds provided under this heading in this Act shall 

7 be for necessary expenses for cleaning and disinfecting 

8 equipment or facilities of, or for use by, the Environmental 

9 Protection Agency: Provided further, That such amount is 

10 designated by the Congress as being for an emergency re11 quirement pursuant to section 251(b)(2)(A)(i) of the Bal12 anced Budget and Emergency Deficit Control Act of 1985. 

13 RELATED AGENCIES 

14 DEPARTMENT OF AGRICULTURE 

15 FOREST SERVICE

16 FOREST AND RANGELAND RESEARCH

17 For an additional amount for ‘‘Forest and Rangeland 

18 Research’’, $3,000,000, to remain available until September 

19 30, 2021, to prevent, prepare for, and respond to 

20 coronavirus, domestically or internationally, including for 

21 the reestablishment of abandoned or failed experiments asso22 ciated with employee restrictions due to the coronavirus 

23 outbreak: Provided, That amounts provided under this 

24 heading in this Act shall be allocated at the discretion of 

25 the Chief of the Forest Service: Provided further, That such 
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1 amount is designated by the Congress as being for an emer2 gency requirement pursuant to section 251(b)(2)(A)(i) of 

3 the Balanced Budget and Emergency Deficit Control Act 

4 of 1985. 

5 NATIONAL FOREST SYSTEM

6 For an additional amount for ‘‘National Forest Sys7 tem’’, $34,000,000, to remain available until September 30, 

8 2021, to prevent, prepare for, and respond to coronavirus, 

9 domestically or internationally, including for cleaning and 

10 disinfecting of public recreation amenities and for personal 

11 protective equipment and baseline health testing for first 

12 responders: Provided, That amounts provided under this 

13 heading in this Act shall be allocated at the discretion of 

14 the Chief of the Forest Service: Provided further, That such 

15 amount is designated by the Congress as being for an emer16 gency requirement pursuant to section 251(b)(2)(A)(i) of 

17 the Balanced Budget and Emergency Deficit Control Act 

18 of 1985. 

19 CAPITAL IMPROVEMENT AND MAINTENANCE

20 For an additional amount for ‘‘Capital Improvement 

21 and Maintenance’’, $26,800,000, to remain available until 

22 September 30, 2021, to prevent, prepare for, and respond 

23 to coronavirus, domestically or internationally, including 

24 for janitorial services: Provided, That amounts provided 

25 under this heading in this Act shall be allocated at the dis-
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1 cretion of the Chief of the Forest Service: Provided further, 

2 That such amount is designated by the Congress as being 

3 for an emergency requirement pursuant to section 

4 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

5 Deficit Control Act of 1985. 

6 WILDLAND FIRE MANAGEMENT

7 For an additional amount for ‘‘Wildland Fire Man8 agement’’, $7,000,000, to remain available until September 

9 30, 2021, to prevent, prepare for, and respond to 

10 coronavirus, domestically or internationally, including for 

11 personal protective equipment and baseline health testing 

12 for first responders: Provided, That amounts provided 

13 under this heading in this Act shall be allocated at the dis14 cretion of the Chief of the Forest Service: Provided further, 

15 That such amount is designated by the Congress as being 

16 for an emergency requirement pursuant to section 

17 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 DEPARTMENT OF HEALTH AND HUMAN 

20 SERVICES 

21 INDIAN HEALTH SERVICE

22 INDIAN HEALTH SERVICES

23 (INCLUDING TRANSFERS OF FUNDS)

24 For an additional amount for ‘‘Indian Health Serv25 ices’’, $1,032,000,000, to remain available until September 
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1 30, 2021, to prevent, prepare for, and respond to 

2 coronavirus, domestically or internationally, including for 

3 public health support, electronic health record moderniza4 tion, telehealth and other information technology upgrades, 

5 Purchased/Referred Care, Catastrophic Health Emergency 

6 Fund, Urban Indian Organizations, Tribal Epidemiology 

7 Centers, Community Health Representatives, and other ac8 tivities to protect the safety of patients and staff: Provided, 

9 That of the amount provided under this heading in this 

10 Act, up to $65,000,000 is for electronic health record sta11 bilization and support, including for planning and tribal 

12 consultation: Provided further, That of amounts provided 

13 under this heading in this Act, not less than $450,000,000 

14 shall be distributed through IHS directly operated pro15 grams and to tribes and tribal organizations under the In16 dian Self-Determination and Education Assistance Act and 

17 through contracts or grants with urban Indian organiza18 tions under title V of the Indian Health Care Improvement 

19 Act: Provided further, That any amounts provided in this 

20 paragraph not allocated pursuant to the preceding proviso 

21 shall be allocated at the discretion of the Director of the 

22 Indian Health Service: Provided further, That of the funds 

23 provided herein, up to $125,000,000 may be transferred to 

24 and merged with the ‘‘Indian Health Service, Indian 

25 Health Facilities’’ appropriation at the discretion of the 
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1 Director for the purposes specified in this Act: Provided fur2 ther, That amounts provided under this heading in this Act, 

3 if transferred to tribes and tribal organizations under the 

4 Indian Self-Determination and Education Assistance Act, 

5 will be transferred on a one-time basis and that these non6 recurring funds are not part of the amount required by 25 

7 U.S.C. § 5325, and that such amounts may only be used 

8 for the purposes identified under this heading notwith9 standing any other provision of law: Provided further, That 

10 such amount is designated by the Congress as being for an 

11 emergency requirement pursuant to section 251(b)(2)(A)(i) 

12 of the Balanced Budget and Emergency Deficit Control Act 

13 of 1985. 

14 AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

15 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

16 For an additional amount for ‘‘Toxic Substances and 

17 Environmental Public Health’’, $12,500,000, to remain 

18 available until September 30, 2021, to prevent, prepare for, 

19 and respond to coronavirus, domestically or internation20 ally: Provided, That $7,500,000 of the funds provided under 

21 this heading in this Act shall be for necessary expenses of 

22 the Geospatial Research, Analysis and Services Program to 

23 support spatial analysis and Geographic Information Sys24 tem mapping of infectious disease hot spots, including 

25 cruise ships: Provided further, That $5,000,000 of the funds 
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1 provided under this heading in this Act shall be for nec2 essary expenses for awards to Pediatric Environmental 

3 Health Specialty Units and state health departments to 

4 provide guidance and outreach on safe practices for dis5 infection for home, school, and daycare facilities: Provided 

6 further, That such amount is designated by the Congress 

7 as being for an emergency requirement pursuant to section 

8 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985. 

10 OTHER RELATED AGENCIES 

11 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

12 CULTURE AND ARTS DEVELOPMENT

13 PAYMENT TO THE INSTITUTE

14 For an additional amount for ‘‘Payment to the Insti15 tute’’, $78,000, to remain available until September 30, 

16 2021, to prevent, prepare for, and respond to coronavirus, 

17 domestically or internationally: Provided, That such 

18 amount is designated by the Congress as being for an emer19 gency requirement pursuant to section 251(b)(2)(A)(i) of 

20 the Balanced Budget and Emergency Deficit Control Act 

21 of 1985. 

22 SMITHSONIAN INSTITUTION

23 SALARIES AND EXPENSES

24 For an additional amount for ‘‘Salaries and Ex25 penses’’, $7,500,000, to remain available until September 
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1 30, 2021, to prevent, prepare for, and respond to 

2 coronavirus, domestically or internationally, including 

3 funding for deep cleaning, security, information technology, 

4 and staff overtime: Provided, That such amount is des5 ignated by the Congress as being for an emergency require6 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

7 Budget and Emergency Deficit Control Act of 1985. 

8 JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

9 OPERATIONS AND MAINTENANCE

10 For an additional amount for ‘‘Operations and Main11 tenance’’, $25,000,000, to remain available until September 

12 30, 2021, to prevent, prepare for, and respond to 

13 coronavirus, domestically or internationally, including 

14 funding for deep cleaning and information technology to 

15 improve telework capability and for operations and mainte16 nance requirements related to the consequences of 

17 coronavirus: Provided, That notwithstanding the provisions 

18 of 20 U.S.C. 76h et seq., funds provided under this heading 

19 in this Act shall be made available to cover operating ex20 penses required to ensure the continuity of the John F. Ken21 nedy Center for the Performing Arts and its affiliates, in22 cluding for employee compensation and benefits, grants, 

23 contracts, payments for rent or utilities, fees for artists or 

24 performers, information technology, and other administra25 tive expenses: Provided further, That no later than October 
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1 31, 2020, the Board of Trustees of the Center shall submit 

2 a report to the Committees on Appropriations of the House 

3 of Representatives and Senate that includes a detailed ex4 planation of the distribution of the funds provided herein: 

5 Provided further, That such amount is designated by the 

6 Congress as being for an emergency requirement pursuant 

7 to section 251(b)(2)(A)(i) of the Balanced Budget and 

8 Emergency Deficit Control Act of 1985. 

9 NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES

10 NATIONAL ENDOWMENT FOR THE ARTS

11 GRANTS AND ADMINISTRATION

12 For an additional amount for ‘‘Grants and Adminis13 tration’’, $75,000,000, to remain available until September 

14 30, 2021, to prevent, prepare for, and respond to 

15 coronavirus, domestically or internationally, to be distrib16 uted in grants: Provided, That such funds are available 

17 under the same terms and conditions as grant funding ap18 propriated to this heading in Public Law 116–94: Provided 

19 further, That 40 percent of such funds shall be distributed 

20 to State arts agencies and regional arts organizations and 

21 60 percent of such funds shall be for direct grants: Provided 

22 further, That notwithstanding any other provision of law, 

23 such funds may also be used by the recipients of such grants 

24 for purposes of the general operations of such recipients: 

25 Provided further, That the matching requirements under 
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1 subsections (e), (g)(4)(A), and (p)(3) of section 5 of the Na2 tional Foundation on the Arts and Humanities Act of 1965 

3 (20 U.S.C. 954) may be waived with respect to such grants: 

4 Provided further, That such amount is designated by the 

5 Congress as being for an emergency requirement pursuant 

6 to section 251(b)(2)(A)(i) of the Balanced Budget and 

7 Emergency Deficit Control Act of 1985. 

8 NATIONAL ENDOWMENT FOR THE HUMANITIES

9 GRANTS AND ADMINISTRATION

10 For an additional amount for ‘‘Grants and Adminis11 tration’’, $75,000,000, to remain available until September 

12 30, 2021, to prevent, prepare for, and respond to 

13 coronavirus, domestically or internationally, to be distrib14 uted in grants: Provided, That such funds are available 

15 under the same terms and conditions as grant funding ap16 propriated to this heading in Public Law 116–94: Provided 

17 further, That 40 percent of such funds shall be distributed 

18 to state humanities councils and 60 percent of such funds 

19 shall be for direct grants: Provided further, That notwith20 standing any other provision of law, such funds may also 

21 be used by the recipients of such grants for purposes of the 

22 general operations of such recipients: Provided further, 

23 That the matching requirements under subsection (h)(2)(A) 

24 of section 7 of the National Foundation on the Arts and 

25 Humanities Act of 1965 may be waived with respect to such 
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1 grants: Provided further, That such amount is designated 

2 by the Congress as being for an emergency requirement pur3 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

4 Emergency Deficit Control Act of 1985. 

5 TITLE VIII 

6 DEPARTMENT OF LABOR 

7 EMPLOYMENT AND TRAINING ADMINISTRATION

8 TRAINING AND EMPLOYMENT SERVICES

9 For an additional amount for ‘‘Training and Employ10 ment Services’’, $345,000,000, to remain available through 

11 September 30, 2022, to prevent, prepare for, and respond 

12 to coronavirus, domestically or internationally, for nec13 essary expenses for the dislocated workers assistance na14 tional reserve: Provided, That the funds provided under this 

15 heading in this Act may be used to replace grant funds pre16 viously obligated to the impacted areas: Provided further, 

17 That such amount is designated by the Congress as being 

18 for an emergency requirement pursuant to section 

19 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

20 Deficit Control Act of 1985. 

21 DEPARTMENTAL MANAGEMENT

22 SALARIES AND EXPENSES

23 (INCLUDING TRANSFER OF FUNDS)

24 For an additional amount for ‘‘Departmental Manage25 ment’’, $15,000,000, to remain available through September 
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1 30, 2022, to prevent, prepare for, and respond to 

2 coronavirus, including to enforce worker protection laws 

3 and regulations, and to oversee and coordinate activities 

4 related to division C, division D, division E, and division 

5 F of Public Law 116–127: Provided, That the Secretary of 

6 Labor may transfer the amounts provided under this head7 ing in this Act as necessary to ‘‘Employee Benefits Security 

8 Administration’’, ‘‘Wage and Hour Division’’, ‘‘Occupa9 tional Safety and Health Administration’’, and ‘‘Employ10 ment and Training Administration—Program Adminis11 tration’’ to prevent, prepare for, and respond to 

12 coronavirus, including for enforcement, oversight, and co13 ordination activities in those accounts: Provided further, 

14 That of the amount provided under this heading in this 

15 Act, $1,000,000, to remain available until expended, shall 

16 be transferred to ‘‘Office of Inspector General’’ for oversight 

17 of activities related to Public Law 116–127 and for over18 sight activities supported with funds appropriated to the 

19 Department of Labor to prevent, prepare for, and respond 

20 to coronavirus: Provided further, That 15 days prior to 

21 transferring any funds pursuant to the previous provisos 

22 under the heading in this Act, the Secretary shall provide 

23 to the Committees on Appropriations of the House of Rep24 resentatives and the Senate an operating plan describing 

25 the planned uses of each amount proposed to be transferred: 
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1 Provided further, That such amount is designated by the 

2 Congress as being for an emergency requirement pursuant 

3 to section 251(b)(2)(A)(i) of the Balanced Budget and 

4 Emergency Deficit Control Act of 1985. 

5 DEPARTMENT OF HEALTH AND HUMAN 

6 SERVICES 

7 CENTERS FOR DISEASE CONTROL AND PREVENTION

8 CDC–WIDE ACTIVITIES AND PROGRAM SUPPORT

9 (INCLUDING TRANSFER OF FUNDS)

10 For an additional amount for ‘‘CDC-Wide Activities 

11 and Program Support’’, $4,300,000,000, to remain avail12 able until September 30, 2024, to prevent, prepare for, and 

13 respond to coronavirus, domestically or internationally: 

14 Provided, That not less than $1,500,000,000 of the amount 

15 provided under this heading in this Act shall be for grants 

16 to or cooperative agreements with States, localities, terri17 tories, tribes, tribal organizations, urban Indian health or18 ganizations, or health service providers to tribes, including 

19 to carry out surveillance, epidemiology, laboratory capac20 ity, infection control, mitigation, communications, and 

21 other preparedness and response activities: Provided fur22 ther, That every grantee that received a Public Health 

23 Emergency Preparedness grant for fiscal year 2019 shall 

24 receive not less than 100 percent of that grant level from 

25 funds provided in the first proviso under this heading in 
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1 this Act: Provided further, That of the amount in the first 

2 proviso, not less than $125,000,000 shall be allocated to 

3 tribes, tribal organizations, urban Indian health organiza4 tions, or health service providers to tribes: Provided further, 

5 That the Director of the Centers for Disease Control and 

6 Prevention (‘‘CDC’’) may satisfy the funding thresholds 

7 outlined in the preceding two provisos by making awards 

8 through other grant or cooperative agreement mechanisms: 

9 Provided further, That of the amount provided under this 

10 heading in this Act, not less than $500,000,000 shall be for 

11 global disease detection and emergency response: Provided 

12 further, That of the amount provided under this heading 

13 in this Act, not less than $500,000,000 shall be for public 

14 health data surveillance and analytics infrastructure mod15 ernization: Provided further, That CDC shall report to the 

16 Committees on Appropriations of the House of Representa17 tives and the Senate on the development of a public health 

18 surveillance and data collection system for coronavirus 

19 within 30 days of enactment of this Act: Provided further, 

20 That of the amount provided under this heading in this 

21 Act, $300,000,000 shall be transferred to and merged with 

22 amounts in the Infectious Diseases Rapid Response Reserve 

23 Fund (‘‘Reserve Fund’’), established by section 231 of divi24 sion B of Public Law 115–245: Provided further, That the 

25 Secretary of Health and Human Services, in consultation 
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1 with the Director of the CDC, shall provide a report to the 

2 Committees on Appropriations of the House of Representa3 tives and the Senate every 14 days, for one year from the 

4 date from any such declaration or determination described 

5 in the third proviso of section 231 of division B of Public 

6 Law 115–245, that details commitment and obligation in7 formation for the Reserve Fund during the prior two weeks, 

8 as long as such report would detail obligations in excess 

9 of $5,000,000, and upon the request by such Committees: 

10 Provided further, That funds appropriated under this head11 ing in this Act may be used for grants for the rent, lease, 

12 purchase, acquisition, construction, alteration, or renova13 tion of non-federally owned facilities to improve prepared14 ness and response capability at the State and local level: 

15 Provided further, That funds provided under this heading 

16 in this Act may be used for purchase and insurance of offi17 cial motor vehicles in foreign countries: Provided further, 

18 That such amount is designated by the Congress as being 

19 for an emergency requirement pursuant to section 

20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 NATIONAL INSTITUTES OF HEALTH

23 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

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

25 and Blood Institute’’, $103,400,000, to remain available 
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1 until September 30, 2024, to prevent, prepare for, and re2 spond to coronavirus, domestically or internationally: Pro3 vided, That such amount is designated by the Congress as 

4 being for an emergency requirement pursuant to section 

5 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

6 Deficit Control Act of 1985. 

7 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

8 DISEASES

9 For an additional amount for ‘‘National Institute of 

10 Allergy and Infectious Diseases’’, $706,000,000, to remain 

11 available until September 30, 2024, to prevent, prepare for, 

12 and respond to coronavirus, domestically or internation13 ally: Provided, That not less than $156,000,000 of the 

14 amounts provided under this heading in this Act shall be 

15 provided for the study of, construction of, demolition of, ren16 ovation of, and acquisition of equipment for, vaccine and 

17 infectious diseases research facilities of or used by NIH, in18 cluding the acquisition of real property: Provided further, 

19 That such amount is designated by the Congress as being 

20 for an emergency requirement pursuant to section 

21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

22 Deficit Control Act of 1985. 
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1 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

2 BIOENGINEERING

3 For an additional amount for ‘‘National Institute of 

4 Biomedical Imaging and Bioengineering’’, $60,000,000, to 

5 remain available until September 30, 2024, to prevent, pre6 pare for, and respond to coronavirus, domestically or inter7 nationally: Provided, That such amount is designated by 

8 the Congress as being for an emergency requirement pursu9 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

10 Emergency Deficit Control Act of 1985. 

11 NATIONAL LIBRARY OF MEDICINE

12 For an additional amount for ‘‘National Library of 

13 Medicine’’, $10,000,000, to remain available until Sep14 tember 30, 2024, to prevent, prepare for, and respond to 

15 coronavirus, domestically or internationally: Provided, 

16 That such amount is designated by the Congress as being 

17 for an emergency requirement pursuant to section 

18 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

19 Deficit Control Act of 1985. 

20 NATIONAL CENTER FOR ADVANCING TRANSLATIONAL

21 SCIENCES

22 For an additional amount for ‘‘National Center for 

23 Advancing Translational Sciences’’, $36,000,000, to remain 

24 available until September 30, 2024, to prevent, prepare for, 

25 and respond to coronavirus, domestically or internation-
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1 ally: Provided, That such amount is designated by the Con2 gress as being for an emergency requirement pursuant to 

3 section 251(b)(2)(A)(i) of the Balanced Budget and Emer4 gency Deficit Control Act of 1985. 

5 OFFICE OF THE DIRECTOR

6 For an additional amount for ‘‘Office of the Director’’, 

7 $30,000,000, to remain available until September 30, 2024, 

8 to prevent, prepare for, and respond to coronavirus, domes9 tically or internationally: Provided, That these funds shall 

10 be available for the Common Fund established under section 

11 402A(c)(1) of the PHS Act: Provided further, That such 

12 amount is designated by the Congress as being for an emer13 gency requirement pursuant to section 251(b)(2)(A)(i) of 

14 the Balanced Budget and Emergency Deficit Control Act 

15 of 1985. 

16 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

17 ADMINISTRATION

18 HEALTH SURVEILLANCE AND PROGRAM SUPPORT

19 For an additional amount for ‘‘Heath Surveillance 

20 and Program Support’’, $425,000,000, to remain available 

21 through September 30, 2021, to prevent, prepare for, and 

22 respond to coronavirus, domestically or internationally: 

23 Provided, That of the amount appropriated under this 

24 heading in this Act, not less than $250,000,000 is available 

25 for Certified Community Behavioral Health Clinic Expan-
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1 sion Grant program: Provided further, That of the amount 

2 appropriated under this heading in this Act, not less than 

3 $50,000,000 shall be available for suicide prevention pro4 grams: Provided further, That of the amount appropriated 

5 under this heading in this Act, not less than $100,000,000 

6 is available for activities authorized under section 501(o) 

7 of the Public Health Service Act: Provided further, That 

8 of the funding made available under this heading in this 

9 Act, not less than $15,000,000 shall be allocated to tribes, 

10 tribal organizations, urban Indian health organizations, or 

11 health or behavioral health service providers to tribes: Pro12 vided further, That such amount is designated by the Con13 gress as being for an emergency requirement pursuant to 

14 section 251(b)(2)(A)(i) of the Balanced Budget and Emer15 gency Deficit Control Act of 1985. 

16 CENTERS FOR MEDICARE & MEDICAID SERVICES

17 PROGRAM MANAGEMENT

18 For an additional amount for ‘‘Program Manage19 ment’’, $200,000,000, to remain available through Sep20 tember 30, 2023, to prevent, prepare for, and respond to 

21 coronavirus, domestically and internationally: Provided, 

22 That of the amount appropriated under this heading in this 

23 Act, not less than $100,000,000 shall be available for nec24 essary expenses of the survey and certification program, 

25 prioritizing nursing home facilities in localities with com-
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1 munity transmission of coronavirus: Provided further, That 

2 such amount is designated by the Congress as being for an 

3 emergency requirement pursuant to section 251(b)(2)(A)(i) 

4 of the Balanced Budget and Emergency Deficit Control Act 

5 of 1985. 

6 ADMINISTRATION FOR CHILDREN AND FAMILIES

7 LOW INCOME HOME ENERGY ASSISTANCE

8 For an additional amount for ‘‘Low Income Home En9 ergy Assistance’’, $900,000,000, to remain available 

10 through September 30, 2021, to prevent, prepare for, or re11 spond to coronavirus, domestically or internationally, for 

12 making payments under subsection (b) of section 2602 of 

13 the Low-Income Home Energy Assistance Act of 1981 (42 

14 U.S.C. 8621 et seq.): Provided, That of the amount provided 

15 under this heading in this Act, $225,000,000 shall be allo16 cated as though the total appropriation for such payments 

17 for fiscal year 2020 was less than $1,975,000,000: Provided 

18 further, That section 2607(b)(2)(B) of such Act (42 U.S.C. 

19 8626(b)(2)(B)) shall not apply to funds made available 

20 under this heading in this Act in fiscal year 2020: Provided 

21 further, That such amount is designated by the Congress 

22 as being for an emergency requirement pursuant to section 

23 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985. 
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1 PAYMENTS TO STATES FOR THE CHILD CARE AND

2 DEVELOPMENT BLOCK GRANT

3 For an additional amount for ‘‘Payments to States for 

4 the Child Care and Development Block Grant’’, 

5 $3,500,000,000, to remain available through September 30, 

6 2021, to prevent, prepare for, and respond to coronavirus, 

7 domestically or internationally, including for federal ad8 ministrative expenses, which shall be used to supplement, 

9 not supplant State, Territory, and Tribal general revenue 

10 funds for child care assistance for low-income families with11 in the United States (including territories) without regard 

12 to requirements in sections 658E(c)(3)(D)–(E) or 658G of 

13 the Child Care and Development Block Grant Act: Pro14 vided, That funds provided under this heading in this Act 

15 may be used to provide continued payments and assistance 

16 to child care providers in the case of decreased enrollment 

17 or closures related to coronavirus, and to assure they are 

18 able to remain open or reopen as appropriate and applica19 ble: Provided further, That States, Territories, and Tribes 

20 are encouraged to place conditions on payments to child 

21 care providers that ensure that child care providers use a 

22 portion of funds received to continue to pay the salaries 

23 and wages of staff: Provided further, That the Secretary 

24 shall remind States that CCDBG State plans do not need 

25 to be amended prior to utilizing existing authorities in the 
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1 CCDBG Act for the purposes provided herein: Provided fur2 ther, That States, Territories, and Tribes are authorized to 

3 use funds appropriated under this heading in this Act to 

4 provide child care assistance to health care sector employees, 

5 emergency responders, sanitation workers, and other work6 ers deemed essential during the response to coronavirus by 

7 public officials, without regard to the income eligibility re8 quirements of section 658P(4) of such Act: Provided further, 

9 That funds appropriated under this heading in this Act 

10 shall be available to eligible child care providers under sec11 tion 658P(6) of the CCDBG Act, even if such providers were 

12 not receiving CCDBG assistance prior to the public health 

13 emergency as a result of the coronavirus, for the purposes 

14 of cleaning and sanitation, and other activities necessary 

15 to maintain or resume the operation of programs: Provided 

16 further, That payments made under this heading in this 

17 Act may be obligated in this fiscal year or the succeeding 

18 two fiscal years: Provided further, That funds appropriated 

19 under this heading in this Act may be made available to 

20 restore amounts, either directly or through reimbursement, 

21 for obligations incurred to prevent, prepare for, and re22 spond to coronavirus, domestically or internationally, prior 

23 to the date of enactment of this Act: Provided further, That 

24 such amount is designated by the Congress as being for an 

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

2 of 1985. 

3 CHILDREN AND FAMILIES SERVICES PROGRAMS

4 For an additional amount for ‘‘Children and Families 

5 Services Programs’’, $1,874,000,000, to remain available 

6 through September 30, 2021, to prevent, prepare for, and 

7 respond to coronavirus, domestically or internationally, 

8 which shall be used as follows: (1) $1,000,000,000 for car9 rying out activities under sections 674 through 679 of the 

10 Community Services Block Grant Act, including for federal 

11 administrative expenses, and of which no part shall be sub12 ject to section 674(b)(3) of such Act: Provided, That to the 

13 extent Community Services Block Grant funds are distrib14 uted as grant funds by a State to an eligible entity as pro15 vided under such Act, and have not been expended by such 

16 entity, they shall remain with such entity for carryover into 

17 the next two fiscal years for expenditure by such entity con18 sistent with program purpose: Provided further, That for 

19 services furnished under such Act during fiscal years 2020 

20 and 2021, States may apply the last sentence of section 

21 673(2) of such Act by substituting ‘‘200 percent’’ for ‘‘125 

22 percent’’; (2) $750,000,000 for making payments under the 

23 Head Start Act, including for Federal administrative ex24 penses, and allocated in an amount that bears the same 

25 ratio to such portion as the number of enrolled children 
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1 served by the agency involved bears to the number of en2 rolled children by all Head Start agencies: Provided further, 

3 That none of the funds appropriated in this paragraph 

4 shall be included in the calculation of the ‘‘base grant’’ in 

5 subsequent fiscal years, as such term is defined in sections 

6 640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the Head 

7 Start Act: Provided further, That funds appropriated in 

8 this paragraph are not subject to the allocation require9 ments of section 640(a) of the Head Start Act: Provided 

10 further, That up to $500,000,000 shall be available for the 

11 purpose of operating supplemental summer programs 

12 through non-competitive grant supplements to existing 

13 grantees determined to be most ready to operate those pro14 grams by the Office of Head Start; (3) $2,000,000 for the 

15 National Domestic Violence Hotline as authorized by sec16 tion 303(b) of the Family Violence Prevention and Services 

17 Act: Provided further, That the Secretary may make such 

18 funds available for providing hotline services remotely; (4) 

19 $45,000,000 for Family Violence Prevention and Services 

20 formula grants as authorized by section 303(a) of the Fam21 ily Violence and Prevention and Services Act with such 

22 funds available to grantees without regard to matching re23 quirements under section 306(c)(4) of such Act: Provided 

24 further, That the Secretary may make such funds available 

25 for providing temporary housing and assistance to victims 
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1 of family, domestic, and dating violence; (5) $25,000,000 

2 for carrying out activities under the Runaway and Home3 less Youth Act: Provided further, That such amounts shall 

4 be used to supplement, not supplant, existing funds and 

5 shall be available without regard to matching requirements; 

6 (6) $45,000,000 shall be used for child welfare services as 

7 authorized by subpart 1 of part B of title IV of the Social 

8 Security Act (other than sections 426, 427, and 429 of such 

9 subpart), with such funds available to grantees without re10 gard to matching requirements under section 424(a) of that 

11 Act or any applicable reductions in federal financial par12 ticipation under section 424(f) of that Act; and (7) 

13 $7,000,000 for Federal administrative expenses: Provided 

14 further, That funds appropriated under this heading in this 

15 Act may be made available to restore amounts, either di16 rectly or through reimbursement, for obligations incurred 

17 to prevent, prepare for, and respond to coronavirus, domes18 tically or internationally, prior to the date of enactment 

19 of this Act: Provided further, That such amount is des20 ignated by the Congress as being for an emergency require21 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

22 Budget and Emergency Deficit Control Act of 1985. 
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1 ADMINISTRATION FOR COMMUNITY LIVING

2 AGING AND DISABILITY SERVICES PROGRAMS

3 For an additional amount for ‘‘Aging and Disability 

4 Services Programs’’, $955,000,000, to remain available 

5 until September 30, 2021, to prevent, prepare for, and re6 spond to coronavirus, domestically or internationally: Pro7 vided, That of the amount made available under this head8 ing in this Act to prevent, prepare for, and respond to 

9 coronavirus, $820,000,000 shall be for activities authorized 

10 under the Older Americans Act of 1965 (‘‘OAA’’), including 

11 $200,000,000 for supportive services under part B of title 

12 III; $480,000,000 for nutrition services under subparts 1 

13 and 2 of part C of title III; $20,000,000 for nutrition serv14 ices under title VI; $100,000,000 for support services for 

15 family caregivers under part E of title III; and $20,000,000 

16 for elder rights protection activities, including the long-term 

17 ombudsman program under title VII of such Act: Provided 

18 further, That of the amount made available under this head19 ing in this Act, $50,000,000 shall be for aging and dis20 ability resource centers authorized in sections 202(b) and 

21 411 of the OAA to prevent, prepare for, and respond to 

22 coronavirus: Provided further, That of the amount made 

23 available under this heading in this Act to prevent, prepare 

24 for, and respond to coronavirus, $85,000,000 shall be avail25 able for centers for independent living that have received 
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1 grants funded under part C of chapter I of title VII of the 

2 Rehabilitation Act of 1973: Provided further, That to facili3 tate State use of funds provided under this heading in this 

4 Act, matching requirements under sections 304(d)(1)(D) 

5 and 373(g)(2) of the OAA shall not apply to funds made 

6 available under this heading in this Act: Provided further, 

7 That the transfer authority under section 308(b)(4)(A) of 

8 the OAA shall apply to funds made available under this 

9 heading in this Act by substituting ‘‘100 percent’’ for ‘‘40 

10 percent’’: Provided further, That the State Long-Term Care 

11 Ombudsman shall have continuing direct access (or other 

12 access through the use of technology) to residents of long13 term care facilities during any portion of the public health 

14 emergency relating to coronavirus beginning on the date of 

15 enactment of this Act and ending on September 30, 2020, 

16 to provide services described in section 712(a)(3)(B) of the 

17 OAA: Provided further, That such amount is designated by 

18 the Congress as being for an emergency requirement pursu19 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

20 Emergency Deficit Control Act of 1985. 

21 OFFICE OF THE SECRETARY

22 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

23 (INCLUDING TRANSFER OF FUNDS)

24 For an additional amount for ‘‘Public Health and So25 cial Services Emergency Fund’’, $27,014,500,000, to re-
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1 main available until September 30, 2024, to prevent, pre2 pare for, and respond to coronavirus, domestically or inter3 nationally, including the development of necessary counter4 measures and vaccines, prioritizing platform-based tech5 nologies with U.S.-based manufacturing capabilities, the 

6 purchase of vaccines, therapeutics, diagnostics, necessary 

7 medical supplies, as well as medical surge capacity, ad8 dressing blood supply chain, workforce modernization, tele9 health access and infrastructure, initial advanced manufac10 turing, novel dispensing, enhancements to the U.S. Com11 missioned Corps, and other preparedness and response ac12 tivities: Provided, That funds appropriated under this 

13 paragraph in this Act may be used to develop and dem14 onstrate innovations and enhancements to manufacturing 

15 platforms to support such capabilities: Provided further, 

16 That the Secretary of Health and Human Services shall 

17 purchase vaccines developed using funds made available 

18 under this paragraph in this Act to respond to an outbreak 

19 or pandemic related to coronavirus in quantities deter20 mined by the Secretary to be adequate to address the public 

21 health need: Provided further, That products purchased by 

22 the Federal government with funds made available under 

23 this paragraph in this Act, including vaccines, therapeutics, 

24 and diagnostics, shall be purchased in accordance with Fed25 eral Acquisition Regulation guidance on fair and reason-
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1 able pricing: Provided further, That the Secretary may take 

2 such measures authorized under current law to ensure that 

3 vaccines, therapeutics, and diagnostics developed from 

4 funds provided in this Act will be affordable in the commer5 cial market: Provided further, That in carrying out the pre6 vious proviso, the Secretary shall not take actions that delay 

7 the development of such products: Provided further, That 

8 products purchased with funds appropriated under this 

9 paragraph in this Act may, at the discretion of the Sec10 retary of Health and Human Services, be deposited in the 

11 Strategic National Stockpile under section 319F–2 of the 

12 Public Health Service Act: Provided further, That of the 

13 amount appropriated under this paragraph in this Act, not 

14 more than $16,000,000,000 shall be for the Strategic Na15 tional Stockpile under section 319F–2(a) of such Act: Pro16 vided further, That funds appropriated under this para17 graph in this Act may be transferred to, and merged with, 

18 the fund authorized by section 319F–4, the Covered Coun19 termeasure Process Fund, of the Public Health Service Act: 

20 Provided further, That of the amount appropriated under 

21 this paragraph in this Act, not less than $250,000,000 shall 

22 be available for grants to or cooperative agreements with 

23 entities that are either grantees or sub-grantees of the Hos24 pital Preparedness Program authorized in section 319C– 

25 2 of the Public Health Service Act or that meet such other 
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1 criteria as the Secretary may prescribe, with such awards 

2 issued under such section or section 311 of such Act: Pro3 vided further, That of the amount provided under this para4 graph in this Act, not less than $3,500,000,000 shall be 

5 available to the Biomedical Advanced Research and Devel6 opment Authority for necessary expenses of manufacturing, 

7 production, and purchase, at the discretion of the Secretary, 

8 of vaccines, therapeutics, diagnostics, and small molecule 

9 active pharmaceutical ingredients, including the develop10 ment, translation, and demonstration at scale of innova11 tions in manufacturing platforms: Provided further, That 

12 funds in the previous proviso may be used for the construc13 tion or renovation of U.S.-based next generation manufac14 turing facilities, other than facilities owned by the United 

15 States Government: Provided further, That of the amount 

16 appropriated under this paragraph in this Act, funds may 

17 be used to reimburse the Department of Veterans Affairs 

18 for expenses incurred by the Veterans Health Administra19 tion to prevent, prepare for, and respond to coronavirus, 

20 and to provide medical care for such purposes to individ21 uals not otherwise eligible for care: Provided further, That 

22 funds used for the preceding proviso shall be made available 

23 to reimburse the Department of Veterans Affairs only if the 

24 Secretary of Health and Human Services certifies to the 

25 Committees on Appropriations of the House of Representa-
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1 tives and the Senate that funds available for assignments 

2 under Public Law 93–288, as amended, are insufficient and 

3 such funds are necessary to reimburse the Department of 

4 Veterans Affairs for expenses incurred to provide health care 

5 to civilians: Provided further, That the Secretary shall no6 tify the Committees on Appropriations of the House of Rep7 resentatives and the Senate not less than 3 days prior to 

8 such certification: Provided further, That of the amounts 

9 appropriated under this paragraph in this Act, not more 

10 than $289,000,000 may be transferred as necessary to other 

11 federal agencies for necessary expenses related to medical 

12 care that are incurred to prevent, prepare for, and respond 

13 to coronavirus for persons eligible for treatment pursuant 

14 to section 322 of the Public Health Service Act, as amended, 

15 as determined by the Secretary of the recipient agency: Pro16 vided further, That of the amount appropriated under this 

17 paragraph in this Act, $1,500,000 shall be available for the 

18 Secretary to enter into an agreement with the National 

19 Academies of Sciences, Engineering, and Medicine not later 

20 than 60 days after the date of enactment of this Act to ex21 amine, and, in a manner that does not compromise na22 tional security, report on, the security of the United States 

23 medical product supply chain: Provided further, That funds 

24 appropriated under this paragraph in this Act may be used 

25 for grants for the construction, alteration, or renovation of 
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1 non-federally owned facilities to improve preparedness and 

2 response capability at the State and local level: Provided 

3 further, That funds appropriated under this paragraph in 

4 this Act may be used for the construction, alteration, or ren5 ovation of non-federally owned facilities for the production 

6 of vaccines, therapeutics, and diagnostics where the Sec7 retary determines that such a contract is necessary to secure 

8 sufficient amounts of such supplies: Provided further, That 

9 such amount is designated by the Congress as being for an 

10 emergency requirement pursuant to section 251(b)(2)(A)(i) 

11 of the Balanced Budget and Emergency Deficit Control Act 

12 of 1985. 

13 For an additional amount for the ‘‘Public Health and 

14 Social Services Emergency Fund’’, $275,000,000, to remain 

15 available until September 30, 2022, to prevent, prepare for, 

16 and respond to coronavirus, domestically or internation17 ally: Provided, That $90,000,000 of the funds appropriated 

18 under this paragraph shall be transferred to ‘‘Health Re19 sources and Services Administration—Ryan White HIV/ 

20 AIDS Program’’ to remain available until September 30, 

21 2022 for modifications to existing contracts, and supple22 ments to existing grants and cooperative agreements under 

23 parts A, B, C, D, and section 2692(a) of title XXVI of the 

24 Public Health Service Act (referred to as ‘‘PHS’’ Act) to 

25 respond to coronavirus, domestically or internationally: 
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1 Provided further, That supplements made in the preceding 

2 proviso shall be awarded using a data-driven methodology 

3 determined by the Secretary: Provided further, That sec4 tions 2604(c), 2612(b), and 2651(c) of the PHS Act shall 

5 not apply to funds under this paragraph: Provided further, 

6 That $5,000,000 of the funds appropriated under this para7 graph shall be transferred to ‘‘Health Resources and Serv8 ices Administration—Health Care Systems’’ to remain 

9 available until September 30, 2022, for activities under sec10 tions 1271 and 1273 of the PHS Act to improve the capac11 ity of poison control centers to respond to increased calls: 

12 Provided further, That $180,000,000 of the funds appro13 priated under this paragraph shall be transferred to 

14 ‘‘Health Resources and Services Administration—Rural 

15 Health’’ to remain available until September 30, 2022, to 

16 carry out telehealth and rural health activities under sec17 tions 330A and 330I of the PHS Act and sections 711 and 

18 1820 of the Social Security Act to prevent, prepare for, and 

19 respond to coronavirus, domestically or internationally: 

20 Provided further, That of the funding in the previous pro21 viso, no less than $15,000,000 shall be allocated to tribes, 

22 tribal organizations, urban Indian health organizations, or 

23 health service providers to tribes: Provided further, That 

24 section 1820(g)(3)(A), section 1820(g)(3)(D) and section 

25 1820(g)(3)(E) of such Act shall not apply to funds in the 
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1 preceding two provisos: Provided further, That funds appro2 priated under this heading in this Act may be made avail3 able to restore amounts, either directly or through reim4 bursement, for obligations incurred to prevent, prepare for, 

5 and respond to coronavirus, domestically or internation6 ally, prior to the date of enactment of this Act: Provided 

7 further, That for the purposes of any funding provided for 

8 fiscal year 2020 for the Health Centers Program pursuant 

9 to section 330 of the PHS Act (42 U.S.C. 254b), maintain10 ing or increasing health center capacity and staffing levels 

11 during a public health emergency related to coronavirus 

12 shall be deemed a cost of prevention, diagnosis, and treat13 ment of coronavirus: Provided further, That such amount 

14 is designated by the Congress as being for an emergency 

15 requirement pursuant to section 251(b)(2)(A)(i) of the Bal16 anced Budget and Emergency Deficit Control Act of 1985. 

17 For an additional amount for ‘‘Public Health and So18 cial Services Emergency Fund’’, $100,000,000,000, to re19 main available until expended, to prevent, prepare for, and 

20 respond to coronavirus, domestically or internationally, for 

21 necessary expenses to reimburse, through grants or other 

22 mechanisms, eligible health care providers for health care 

23 related expenses or lost revenues that are attributable to 

24 coronavirus: Provided, That these funds may not be used 

25 to reimburse expenses or losses that have been reimbursed 
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1 from other sources or that other sources are obligated to re2 imburse: Provided further, That recipients of payments 

3 under this paragraph shall submit reports and maintain 

4 documentation as the Secretary determines are needed to 

5 ensure compliance with conditions that are imposed by this 

6 paragraph for such payments, and such reports and docu7 mentation shall be in such form, with such content, and 

8 in such time as the Secretary may prescribe for such pur9 pose: Provided further, That ‘‘eligible health care providers’’ 

10 means public entities, Medicare or Medicaid enrolled sup11 pliers and providers, and such for-profit entities and not12 for-profit entities not otherwise described in this proviso as 

13 the Secretary may specify, within the United States (in14 cluding territories), that provide diagnoses, testing, or care 

15 for individuals with possible or actual cases of COVID–19: 

16 Provided further, That the Secretary of Health and Human 

17 Services shall, on a rolling basis, review applications and 

18 make payments under this paragraph in this Act: Provided 

19 further, That funds appropriated under this paragraph in 

20 this Act shall be available for building or construction of 

21 temporary structures, leasing of properties, medical sup22 plies and equipment including personal protective equip23 ment and testing supplies, increased workforce and 

24 trainings, emergency operation centers, retrofitting facili25 ties, and surge capacity: Provided further, That, in this 
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1 paragraph, the term ‘‘payment’’ means a pre-payment, pro2 spective payment, or retrospective payment, as determined 

3 appropriate by the Secretary: Provided further, That pay4 ments under this paragraph shall be made in consideration 

5 of the most efficient payment systems practicable to provide 

6 emergency payment: Provided further, That to be eligible 

7 for a payment under this paragraph, an eligible health care 

8 provider shall submit to the Secretary of Health and 

9 Human Services an application that includes a statement 

10 justifying the need of the provider for the payment and the 

11 eligible health care provider shall have a valid tax identi12 fication number: Provided further, That, not later than 3 

13 years after final payments are made under this paragraph, 

14 the Office of Inspector General of the Department of Health 

15 and Human Services shall transmit a final report on audit 

16 findings with respect to this program to the Committees on 

17 Appropriations of the House of Representatives and the 

18 Senate: Provided further, That nothing in this section lim19 its the authority of the Inspector General or the Comptroller 

20 General to conduct audits of interim payments at an earlier 

21 date: Provided further, That not later than 60 days after 

22 the date of enactment of this Act, the Secretary of Health 

23 and Human Services shall provide a report to the Commit24 tees on Appropriations of the House of Representatives and 

25 the Senate on obligation of funds, including obligations to 
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1 such eligible health care providers summarized by State of 

2 the payment receipt: Provided further, That such reports 

3 shall be updated and submitted to such Committees every 

4 60 days until funds are expended: Provided further, That 

5 such amount is designated by the Congress as being for an 

6 emergency requirement pursuant to section 251(b)(2)(A)(i) 

7 of the Balanced Budget and Emergency Deficit Control Act 

8 of 1985. 

9 DEPARTMENT OF EDUCATION 

10 EDUCATION STABILIZATION FUND

11 For an additional amount for ‘‘Education Stabiliza12 tion Fund’’, $30,750,000,000, to remain available through 

13 September 30, 2021, to prevent, prepare for, and respond 

14 to coronavirus, domestically or internationally: Provided, 

15 That such amount is designated by the Congress as being 

16 for an emergency requirement pursuant to section 

17 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 GENERAL PROVISIONS

20 EDUCATION STABILIZATION FUND

21 SEC. 18001. (a) ALLOCATIONS.—From the amount 

22 made available under this heading in this Act to carry out 

23 the Education Stabilization Fund, the Secretary shall first 

24 allocate— 
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1 (1) not more than 1/2 of 1 percent to the out2 lying areas on the basis of their respective needs, as 

3 determined by the Secretary, in consultation with the 

4 Secretary of the Interior; 

5 (2) one-half of 1 percent for the Secretary of In6 terior, in consultation with the Secretary of Edu7 cation, for programs operated or funded by the Bu8 reau of Indian Education; and 

9 (3) 1 percent for grants to States with the high10 est coronavirus burden to support activities under 

11 this heading in this Act, for which the Secretary shall 

12 issue a notice inviting applications not later than 30 

13 days of enactment of this Act and approve or deny 

14 applications not later than 30 days after receipt. 

15 (b) RESERVATIONS.—After carrying out subsection 

16 (a), the Secretary shall reserve the remaining funds made 

17 available as follows: 

18 (1) 9.8 percent to carry out section 18002 of this 

19 title. 

20 (2) 43.9 percent to carry out section 18003 of 

21 this title. 

22 (3) 46.3 percent to carry out section 18004 of 

23 this title. 
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1 GOVERNOR’S EMERGENCY EDUCATION RELIEF FUND

2 SEC. 18002. (a) GRANTS.—From funds reserved under 

3 section 18001(b)(1) of this title, the Secretary shall make 

4 Emergency Education Relief grants to the Governor of each 

5 State with an approved application. The Secretary shall 

6 issue a notice inviting applications not later than 30 days 

7 of enactment of this Act and shall approve or deny applica8 tions not later than 30 days after receipt. 

9 (b) ALLOCATIONS.—The amount of each grant under 

10 subsection (a) shall be allocated by the Secretary to each 

11 State as follows: 

12 (1) 60 percent on the basis of their relative popu13 lation of individuals aged 5 through 24. 

14 (2) 40 percent on the basis of their relative num15 ber of children counted under section 1124(c) of the 

16 Elementary and Secondary Education Act of 1965 

17 (referred to under this heading as ‘‘ESEA’’). 

18 (c) USES OF FUNDS.—Grant funds awarded under 

19 subsection (b) may be used to— 

20 (1) provide emergency support through grants to 

21 local educational agencies that the State educational 

22 agency deems have been most significantly impacted 

23 by coronavirus to support the ability of such local 

24 educational agencies to continue to provide edu-
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1 cational services to their students and to support the 

2 on-going functionality of the local educational agency; 

3 (2) provide emergency support through grants to 

4 institutions of higher education serving students with5 in the State that the Governor determines have been 

6 most significantly impacted by coronavirus to sup7 port the ability of such institutions to continue to 

8 provide educational services and support the on-going 

9 functionality of the institution; and 

10 (3) provide support to any other institution of 

11 higher education, local educational agency, or edu12 cation related entity within the State that the Gov13 ernor deems essential for carrying out emergency edu14 cational services to students for authorized activities 

15 described in section 18003(d)(1) of this title or the 

16 Higher Education Act, the provision of child care and 

17 early childhood education, social and emotional sup18 port, and the protection of education-related jobs. 

19 (d) REALLOCATION.—Each Governor shall return to 

20 the Secretary any funds received under this section that the 

21 Governor does not award within one year of receiving such 

22 funds and the Secretary shall reallocate such funds to the 

23 remaining States in accordance with subsection (b). 
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1 ELEMENTARY AND SECONDARY SCHOOL EMERGENCY

2 RELIEF FUND

3 SEC. 18003. (a) GRANTS.—From funds reserved under 

4 section 18001(b)(2) of this title, the Secretary shall make 

5 elementary and secondary school emergency relief grants to 

6 each State educational agency with an approved applica7 tion. The Secretary shall issue a notice inviting applica8 tions not later than 30 days of enactment of this Act and 

9 approve or deny applications not later than 30 days after 

10 receipt. 

11 (b) ALLOCATIONS TO STATES.—The amount of each 

12 grant under subsection (a) shall be allocated by the Sec13 retary to each State in the same proportion as each State 

14 received under part A of title I of the ESEA of 1965 in 

15 the most recent fiscal year. 

16 (c) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.— 

17 Each State shall allocate not less than 90 percent of the 

18 grant funds awarded to the State under this section as sub19 grants to local educational agencies (including charter 

20 schools that are local educational agencies) in the State in 

21 proportion to the amount of funds such local educational 

22 agencies and charter schools that are local educational 

23 agencies received under part A of title I of the ESEA of 

24 1965 in the most recent fiscal year. 
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1 (d) USES OF FUNDS.—A local educational agency that 

2 receives funds under this title may use the funds for any 

3 of the following: 

4 (1) Any activity authorized by the ESEA of 

5 1965, including the Native Hawaiian Education Act 

6 and the Alaska Native Educational Equity, Support, 

7 and Assistance Act (20 U.S.C. 6301 et seq.), the Indi8 viduals with Disabilities Education Act (20 U.S.C. 

9 1400 et seq.) (‘‘IDEA’’), the Adult Education and 

10 Family Literacy Act (20 U.S.C. 1400 et seq.), the 

11 Carl D. Perkins Career and Technical Education Act 

12 of 2006 (20 U.S.C. 2301 et seq.) (‘‘the Perkins Act’’), 

13 or subtitle B of title VII of the McKinney-Vento 

14 Homeless Assistance Act (42 U.S.C. 11431 et seq.). 

15 (2) Coordination of preparedness and response 

16 efforts of local educational agencies with State, local, 

17 Tribal, and territorial public health departments, and 

18 other relevant agencies, to improve coordinated re19 sponses among such entities to prevent, prepare for, 

20 and respond to coronavirus. 

21 (3) Providing principals and others school lead22 ers with the resources necessary to address the needs 

23 of their individual schools. 

24 (4) Activities to address the unique needs of low25 income children or students, children with disabil-
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1 ities, English learners, racial and ethnic minorities, 

2 students experiencing homelessness, and foster care 

3 youth, including how outreach and service delivery 

4 will meet the needs of each population. 

5 (5) Developing and implementing procedures 

6 and systems to improve the preparedness and re7 sponse efforts of local educational agencies. 

8 (6) Training and professional development for 

9 staff of the local educational agency on sanitation 

10 and minimizing the spread of infectious diseases. 

11 (7) Purchasing supplies to sanitize and clean the 

12 facilities of a local educational agency, including 

13 buildings operated by such agency. 

14 (8) Planning for and coordinating during long15 term closures, including for how to provide meals to 

16 eligible students, how to provide technology for online 

17 learning to all students, how to provide guidance for 

18 carrying out requirements under the Individuals with 

19 Disabilities Education Act (20 U.S.C. 1401 et seq.) 

20 and how to ensure other educational services can con21 tinue to be provided consistent with all Federal, 

22 State, and local requirements. 

23 (9) Purchasing educational technology (includ24 ing hardware, software, and connectivity) for students 

25 who are served by the local educational agency that 
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1 aids in regular and substantive educational inter2 action between students and their classroom instruc3 tors, including low-income students and students with 

4 disabilities, which may include assistive technology or 

5 adaptive equipment. 

6 (10) Providing mental health services and sup7 ports. 

8 (11) Planning and implementing activities re9 lated to summer learning and supplemental after10 school programs, including providing classroom in11 struction or online learning during the summer 

12 months and addressing the needs of low-income stu13 dents, students with disabilities, English learners, mi14 grant students, students experiencing homelessness, 

15 and children in foster care. 

16 (12) Other activities that are necessary to main17 tain the operation of and continuity of services in 

18 local educational agencies and continuing to employ 

19 existing staff of the local educational agency. 

20 (e) STATE FUNDING.—With funds not otherwise allo21 cated under subsection (c), a State may reserve not more 

22 than 1/2 of 1 percent for administrative costs and the re23 mainder for emergency needs as determined by the state 

24 educational agency to address issues responding to 
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1 coronavirus, which may be addressed through the use of 

2 grants or contracts. 

3 (f) REALLOCATION.—A State shall return to the Sec4 retary any funds received under this section that the State 

5 does not award within 1 year of receiving such funds and 

6 the Secretary shall reallocate such funds to the remaining 

7 States in accordance with subsection (b). 

8 HIGHER EDUCATION EMERGENCY RELIEF FUND

9 SEC. 18004. (a) IN GENERAL.—The Secretary shall al10 locate funding under this section as follows: 

11 (1) 90 percent to each institution of higher edu12 cation to prevent, prepare for, and respond to 

13 coronavirus, by apportioning it— 

14 (A) 75 percent according to the relative 

15 share of full-time equivalent enrollment of Fed16 eral Pell Grant recipients who are not exclu17 sively enrolled in distance education courses 

18 prior to the coronavirus emergency; and 

19 (B) 25 percent according to the relative 

20 share of full-time equivalent enrollment of stu21 dents who were not Federal Pell Grant recipients 

22 who are not exclusively enrolled in distance edu23 cation courses prior to the coronavirus emer24 gency. 
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1 (2) 7.5 percent for additional awards under 

2 parts A and B of title III, parts A and B of title V, 

3 and subpart 4 of part A of title VII of the Higher 

4 Education Act to address needs directly related to 

5 coronavirus, that shall be in addition to awards made 

6 in section 18004(a)(1) of this title, and allocated by 

7 the Secretary proportionally to such programs based 

8 on the relative share of funding appropriated to such 

9 programs in the Further Consolidated Appropriations 

10 Act, 2020 (Public Law 116–94) and which may be 

11 used to defray expenses (including lost revenue, reim12 bursement for expenses already incurred, technology 

13 costs associated with a transition to distance edu14 cation, faculty and staff trainings, payroll) incurred 

15 by institutions of higher education and for grants to 

16 students for any component of the student’s cost of at17 tendance (as defined under section 472 of the Higher 

18 Education Act), including food, housing, course mate19 rials, technology, health care, and child care. 

20 (3) 2.5 percent for part B of title VII of the 

21 Higher Education Act for institutions of higher edu22 cation that the Secretary determines have the greatest 

23 unmet needs related to coronavirus, which may be 

24 used to defray expenses (including lost revenue, reim25 bursement for expenses already incurred, technology 
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1 costs associated with a transition to distance edu2 cation, faculty and staff trainings, payroll) incurred 

3 by institutions of higher education and for grants to 

4 students for any component of the student’s cost of at5 tendance (as defined under section 472 of the Higher 

6 Education Act), including food, housing, course mate7 rials, technology, health care, and child care. 

8 (b) DISTRIBUTION.—The funds made available to each 

9 institution under subsection (a)(1) shall be distributed by 

10 the Secretary using the same systems as the Secretary other11 wise distributes funding to each institution under title IV 

12 of the Higher Education Act of 1965 (20 U.S.C. 1001 et 

13 seq.). 

14 (c) USES OF FUNDS.—Except as otherwise specified in 

15 subsection (a), an institution of higher education receiving 

16 funds under this section may use the funds received to cover 

17 any costs associated with significant changes to the delivery 

18 of instruction due to the coronavirus, so long as such costs 

19 do not include payment to contractors for the provision of 

20 pre-enrollment recruitment activities; endowments; or cap21 ital outlays associated with facilities related to athletics, 

22 sectarian instruction, or religious worship. Institutions of 

23 higher education shall use no less than 50 percent of such 

24 funds to provide emergency financial aid grants to students 

25 for expenses related to the disruption of campus operations 
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1 due to coronavirus (including eligible expenses under a stu2 dent’s cost of attendance, such as food, housing, course mate3 rials, technology, health care, and child care). 

4 (d) SPECIAL PROVISIONS.—(1) In awarding grants 

5 under section 18004(a)(3) of this title, the Secretary shall 

6 give priority to any institution of higher education that is 

7 not otherwise eligible for funding under paragraphs (1) and 

8 (2) of section 18004(a) of this title of at least $500,000 and 

9 demonstrates significant unmet needs related to expenses as10 sociated with coronavirus. 

11 (2) A Historically Black College and University or a 

12 Minority Serving Institution may use prior awards pro13 vided under titles III, V, and VII of the Higher Education 

14 Act to prevent, prepare for, and respond to coronavirus. 

15 (e) REPORT.—An institution receiving funds under 

16 this section shall submit a report to the Secretary, at such 

17 time and in such manner as the Secretary may require, 

18 that describes the use of funds provided under this section. 

19 ASSISTANCE TO NON-PUBLIC SCHOOLS

20 SEC. 18005. (a) IN GENERAL.—A local educational 

21 agency receiving funds under sections 18002 or 18003 of 

22 this title shall provide equitable services in the same man23 ner as provided under section 1117 of the ESEA of 1965 

24 to students and teachers in non-public schools, as deter-
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1 mined in consultation with representatives of non-public 

2 schools. 

3 (b) PUBLIC CONTROL OF FUNDS.—The control of funds 

4 for the services and assistance provided to a non-public 

5 school under subsection (a), and title to materials, equip6 ment, and property purchased with such funds, shall be in 

7 a public agency, and a public agency shall administer such 

8 funds, materials, equipment, and property and shall pro9 vide such services (or may contract for the provision of such 

10 services with a public or private entity). 

11 CONTINUED PAYMENT TO EMPLOYEES

12 SEC. 18006. A local educational agency, State, institu13 tion of higher education, or other entity that receives funds 

14 under ‘‘Education Stabilization Fund’’, shall to the greatest 

15 extent practicable, continue to pay its employees and con16 tractors during the period of any disruptions or closures 

17 related to coronavirus. 

18 DEFINITIONS

19 SEC. 18007. Except as otherwise provided in sections 

20 18001–18006 of this title, as used in such sections— 

21 (1) the terms ‘‘elementary education’’ and ‘‘sec22 ondary education’’ have the meaning given such terms 

23 under State law; 

24 (2) the term ‘‘institution of higher education’’ 

25 has the meaning given such term in title I of the 
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1 Higher Education Act of 1965 (20 U.S.C. 1001 et 

2 seq.); 

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

4 Education; 

5 (4) the term ‘‘State’’ means each of the 50 States, 

6 the District of Columbia, and the Commonwealth of 

7 Puerto Rico; 

8 (5) the term ‘‘cost of attendance’’ has the mean9 ing given such term in section 472 of the Higher Edu10 cation Act of 1965. 

11 (6) the term ‘‘Non-public school’’ means a non12 public elementary and secondary school that (A) is 

13 accredited, licensed, or otherwise operates in accord14 ance with State law; and (B) was in existence prior 

15 to the date of the qualifying emergency for which 

16 grants are awarded under this section; 

17 (7) the term ‘‘public school’’ means a public ele18 mentary or secondary school; and 

19 (8) any other term used that is defined in section 

20 8101 of the Elementary and Secondary Education 

21 Act of 1965 (20 U.S.C. 7801) shall have the meaning 

22 given the term in such section. 

23 MAINTENANCE OF EFFORT

24 SEC. 18008. (a) A State’s application for funds to 

25 carry out sections 18002 or 18003 of this title shall include 
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1 assurances that the State will maintain support for elemen2 tary and secondary education, and State support for higher 

3 education (which shall include State funding to institutions 

4 of higher education and state need-based financial aid, and 

5 shall not include support for capital projects or for research 

6 and development or tuition and fees paid by students) in 

7 fiscal years 2020 and 2021 at least at the levels of such 

8 support that is the average of such State’s support for ele9 mentary and secondary education and for higher education 

10 provided in the 3 fiscal years preceding the date of enact11 ment of this Act. 

12 (b) The secretary may waive the requirement in sub13 section (a) for the purpose of relieving fiscal burdens on 

14 States that have experienced a precipitous decline in finan15 cial resources. 

16 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

17 For an additional amount for ‘‘Safe Schools and Citi18 zenship Education’’, $100,000,000, to remain available 

19 through September 30, 2021, to prevent, prepare for, and 

20 respond to coronavirus, domestically or internationally, to 

21 supplement funds otherwise available for ‘‘Project SERV’’, 

22 including to help elementary, secondary and postsecondary 

23 schools clean and disinfect affected schools, and assist in 

24 counseling and distance learning and associated costs: Pro25 vided, That such amount is designated by the Congress as 
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1 being for an emergency requirement pursuant to section 

2 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

3 Deficit Control Act of 1985. 

4 GALLAUDET UNIVERSITY

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

6 $7,000,000, to remain available through September 30, 

7 2021, to prevent, prepare for, and respond to coronavirus, 

8 domestically or internationally, including to help defray the 

9 expenses directly caused by coronavirus and to enable 

10 grants to students for expenses directly related to 

11 coronavirus and the disruption of university operations: 

12 Provided, That such amount is designated by the Congress 

13 as being for an emergency requirement pursuant to section 

14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

15 Deficit Control Act of 1985. 

16 STUDENT AID ADMINISTRATION

17 For an additional amount for ‘‘Student Aid Adminis18 tration’’, $40,000,000, to remain available through Sep19 tember 30, 2021, to prevent, prepare for, and respond to 

20 coronavirus, domestically or internationally, for carrying 

21 out part D of title I, and subparts 1, 3, 9 and 10 of part 

22 A, and parts B, C, D, and E of title IV of the HEA, and 

23 subpart 1 of part A of title VII of the Public Health Service 

24 Act: Provided, That such amount is designated by the Con25 gress as being for an emergency requirement pursuant to 
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1 section 251(b)(2)(A)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 

3 HOWARD UNIVERSITY

4 For an additional amount for ‘‘Howard University’’, 

5 $13,000,000, to remain available through September 30, 

6 2021, to prevent, prepare for, and respond to coronavirus, 

7 domestically or internationally, including to help defray the 

8 expenses directly caused by coronavirus and to enable 

9 grants to students for expenses directly related to 

10 coronavirus and the disruption of university operations: 

11 Provided, That such amount is designated by the Congress 

12 as being for an emergency requirement pursuant to section 

13 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

15 DEPARTMENTAL MANAGEMENT

16 PROGRAM ADMINISTRATION

17 For an additional amount for ‘‘Program Administra18 tion’’, $8,000,000, to remain available through September 

19 30, 2021 to prevent, prepare for, and respond to 

20 coronavirus, domestically or internationally: Provided, 

21 That such amount is designated by the Congress as being 

22 for an emergency requirement pursuant to section 

23 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985. 
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1 OFFICE OF THE INSPECTOR GENERAL

2 For an additional amount for ‘‘Office of the Inspector 

3 General’’, $7,000,000, to remain available through Sep4 tember 30, 2022, to prevent, prepare for, and respond to 

5 coronavirus, domestically or internationally, including for 

6 salaries and expenses necessary for oversight and audit of 

7 programs, grants, and projects funded in this Act to re8 spond to coronavirus: Provided, That such amount is des9 ignated by the Congress as being for an emergency require10 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

11 Budget and Emergency Deficit Control Act of 1985. 

12 CORPORATION FOR PUBLIC BROADCASTING

13 For an additional amount for ‘‘Corporation for Public 

14 Broadcasting’’, $75,000,000, to remain available through 

15 September 30, 2021, to prevent, prepare for, and respond 

16 to coronavirus, including for fiscal stabilization grants to 

17 public telecommunications entities, as defined by 47 U.S.C. 

18 397(12), with no deduction for administrative or other costs 

19 of the Corporation, to maintain programming and services 

20 and preserve small and rural stations threatened by declines 

21 in non-Federal revenues: Provided, That such amount is 

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

2 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND

3 ADMINISTRATION

4 For an additional amount for ‘‘Institute of Museum 

5 and Library Services’’, $50,000,000, to remain available 

6 until September 30, 2021, to prevent, prepare for, and re7 spond to coronavirus, including grants to States, territories 

8 and tribes to expand digital network access, purchase inter9 net accessible devices, and provide technical support serv10 ices: Provided, That any matching funds requirements for 

11 States, tribes, libraries, and museums are waived for grants 

12 provided with funds made available under this heading in 

13 this Act: Provided further, That such amount is designated 

14 by the Congress as being for an emergency requirement pur15 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

16 Emergency Deficit Control Act of 1985. 

17 RAILROAD RETIREMENT BOARD

18 LIMITATION ON ADMINISTRATION

19 For an additional amount for the ‘‘Railroad Retire20 ment Board’’, $5,000,000, to remain available until Sep21 tember 30, 2021, to prevent, prepare for, and respond to 

22 coronavirus, including the purchase of information tech23 nology equipment to improve the mobility of the workforce 

24 and provide for additional hiring or overtime hours as 

25 needed to administer the Railroad Unemployment Insur-
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1 ance Act: Provided, That such amount is designated by the 

2 Congress as being for an emergency requirement pursuant 

3 to section 251(b)(2)(A)(i) of the Balanced Budget and 

4 Emergency Deficit Control Act of 1985. 

5 SOCIAL SECURITY ADMINISTRATION

6 LIMITATION ON ADMINISTRATIVE EXPENSES

7 For an additional amount for ‘‘Limitation on Admin8 istrative Expenses’’, $300,000,000, to remain available 

9 through September 30, 2021 to prevent, prepare for, and 

10 respond to coronavirus, domestically or internationally, in11 cluding paying the salaries and benefits of all employees 

12 affected as a result of office closures, telework, phone and 

13 communication services for employees, overtime costs, and 

14 supplies, and for resources necessary for processing dis15 ability and retirement workloads and backlogs: Provided, 

16 That such amount is designated by the Congress as being 

17 for an emergency requirement pursuant to section 

18 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

19 Deficit Control Act of 1985. 

20 GENERAL PROVISIONS—THIS TITLE 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 18108. Funds appropriated by this title may be 

23 used by the Secretary of the Department of Health and 

24 Human Services to appoint, without regard to the provi25 sions of sections 3309 through 3319 of title 5 of the United 
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1 States Code, candidates needed for positions to perform crit2 ical work relating to coronavirus for which— 

3 (1) public notice has been given; and 

4 (2) the Secretary of Health and Human Services 

5 has determined that such a public health threat exists. 

6 SEC. 18109. Funds made available by this title may 

7 be used to enter into contracts with individuals for the pro8 vision of personal services (as described in section 104 of 

9 part 37 of title 48, Code of Federal Regulations (48 CFR 

10 37.104)) to support the prevention of, preparation for, or 

11 response to coronavirus, domestically and internationally, 

12 subject to prior notification to the Committees on Appro13 priations of the House of Representatives and the Senate: 

14 Provided, That such individuals may not be deemed em15 ployees of the United States for the purpose of any law ad16 ministered by the Office of Personnel Management: Pro17 vided further, That the authority made available pursuant 

18 to this section shall expire on September 30, 2024. 

19 SEC. 18110. (a) If services performed by an employee 

20 during fiscal year 2020 are determined by the head of the 

21 agency to be primarily related to preparation, prevention, 

22 or response to coronavirus, any premium pay for such serv23 ices shall be disregarded in calculating the aggregate of such 

24 employee’s basic pay and premium pay for purposes of a 

25 limitation under section 5547(a) of title 5, United States 
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1 Code, or under any other provision of law, whether such 

2 employee’s pay is paid on a biweekly or calendar year 

3 basis. 

4 (b) Any overtime pay for such services shall be dis5 regarded in calculating any annual limit on the amount 

6 of overtime pay payable in a calendar or fiscal year. 

7 (c) With regard to such services, any pay that is dis8 regarded under either subsection (a) or (b) shall be dis9 regarded in calculating such employee’s aggregate pay for 

10 purposes of the limitation in section 5307 of such title 5. 

11 (d)(1) Pay that is disregarded under subsection (a) or 

12 (b) shall not cause the aggregate of the employee’s basic pay 

13 and premium pay for the applicable calendar year to exceed 

14 the rate of basic pay payable for a position at level II of 

15 the Executive Schedule under section 5313 of title 5, United 

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

17 (2) For purposes of applying this subsection to an em18 ployee who would otherwise be subject to the premium pay 

19 limits established under section 5547 of title 5, United 

20 States Code, ‘‘premium pay’’ means the premium pay paid 

21 under the provisions of law cited in section 5547(a). 

22 (3) For purposes of applying this subsection to an em23 ployee under a premium pay limit established under an 

24 authority other than section 5547 of title 5, United States 

25 Code, the agency responsible for administering such limit 
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1 shall determine what payments are considered premium 

2 pay. 

3 (e) This section shall take effect as if enacted on Feb4 ruary 2, 2020. 

5 (f) If application of this section results in the payment 

6 of additional premium pay to a covered employee of a type 

7 that is normally creditable as basic pay for retirement or 

8 any other purpose, that additional pay shall not— 

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

10 employee for any purpose; or 

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

12 to the covered employee for accumulated and accrued 

13 annual leave under section 5551 or section 5552 of 

14 title 5, United States Code. 

15 SEC. 18111. Funds appropriated by this title to the 

16 heading ‘‘Department of Health and Human Services’’ may 

17 be transferred to, and merged with, other appropriation ac18 counts under the headings ‘‘Centers for Disease Control and 

19 Prevention’’, ‘‘Public Health and Social Services Emer20 gency Fund’’, ‘‘Administration for Children and Families’’, 

21 ‘‘Administration for Community Living’’, and ‘‘National 

22 Institutes of Health’’ to prevent, prepare for, and respond 

23 to coronavirus following consultation with the Office of 

24 Management and Budget: Provided, That the Committees 

25 on Appropriations of the House of Representatives and the 
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1 Senate shall be notified 10 days in advance of any such 

2 transfer: Provided further, That, upon a determination that 

3 all or part of the funds transferred from an appropriation 

4 by this title are not necessary, such amounts may be trans5 ferred back to that appropriation: Provided further, That 

6 none of the funds made available by this title may be trans7 ferred pursuant to the authority in section 205 of division 

8 A of Public Law 116–94 or section 241(a) of the PHS Act. 

9 SEC. 18112. Not later than 30 days after the date of 

10 enactment of this Act, the Secretary of Health and Human 

11 Services shall provide a detailed spend plan of anticipated 

12 uses of funds made available to the Department of Health 

13 and Human Services in this Act, including estimated per14 sonnel and administrative costs, to the Committees on Ap15 propriations of the House of Representatives and the Sen16 ate: Provided, That such plans shall be updated and sub17 mitted to such Committees every 60 days until September 

18 30, 2024: Provided further, That the spend plans shall be 

19 accompanied by a listing of each contract obligation in20 curred that exceeds $5,000,000 which has not previously 

21 been reported, including the amount of each such obligation. 

22 SEC. 18113. Of the funds appropriated by this title 

23 under the heading ‘‘Public Health and Social Services 

24 Emergency Fund’’, up to $4,000,000 shall be transferred to, 

25 and merged with, funds made available under the heading 
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1 ‘‘Office of the Secretary, Office of Inspector General’’, and 

2 shall remain available until expended, for oversight of ac3 tivities supported with funds appropriated to the Depart4 ment of Health and Human Services to prevent, prepare 

5 for, and respond to coronavirus, domestically or inter6 nationally: Provided, That the Inspector General of the De7 partment of Health and Human Services shall consult with 

8 the Committees on Appropriations of the House of Rep9 resentatives and the Senate prior to obligating such funds: 

10 Provided further, That the transfer authority provided by 

11 this section is in addition to any other transfer authority 

12 provided by law. 

13 SEC. 18114. (a) Funds appropriated in title III of the 

14 Coronavirus Preparedness and Response Supplemental Ap15 propriations Act, 2020 (Public Law 116–123) shall be paid 

16 to the ‘‘Department of Homeland Security—Countering 

17 Weapons of Mass Destruction Office—Federal 

18 Assistance’’account for costs incurred, including to reim19 burse costs incurred prior to the enactment of this Act, 

20 under other transaction authority and related to screening 

21 for coronavirus, domestically or internationally. 

22 (b) The term coronavirus has the meaning given the 

23 term in section 506 of the Coronavirus Preparedness and 

24 Response Supplemental Appropriations Act, 2020. 
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1 (c) The amounts repurposed in this section that were 

2 previously designated by the Congress as an emergency re3 quirement pursuant to the Balanced Budget and Emer4 gency Deficit Control Act of 1985 are designated by the 

5 Congress as an emergency requirement pursuant to section 

6 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985. 

8 SEC. 18115. (a) IN GENERAL.—Every laboratory that 

9 performs or analyzes a test that is intended to detect 

10 SARS–CoV–2 or to diagnose a possible case of COVID–19 

11 shall report the results from each such test, to the Secretary 

12 of Health and Human Services in such form and manner, 

13 and at such timing and frequency, as the Secretary may 

14 prescribe until the end of the Secretary’s Public Health 

15 Emergency declaration with respect to COVID–19 or any 

16 extension of such declaration. 

17 (b) LABORATORIES COVERED.—The Secretary may 

18 prescribe which laboratories must submit reports pursuant 

19 to this section. 

20 (c) IMPLEMENTATION.—The Secretary may make pre21 scriptions under this section by regulation, including by in22 terim final rule, or by guidance, and may issue such regula23 tions or guidance without regard to the procedures other24 wise required by section 553 of title 5, United States Code. 
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1 (d) REPEALER.—Section 1702 of division A of the 

2 Families First Coronavirus Response Act is repealed. 

3 TITLE IX 

4 LEGISLATIVE BRANCH 

5 SENATE 

6 CONTINGENT EXPENSES OF THE SENATE

7 SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE

8 For an additional amount for ‘‘Sergeant at Arms and 

9 Doorkeeper of the Senate’’, $1,000,000, to remain available 

10 until expended, to prevent, prepare for, and respond to 

11 coronavirus, domestically or internationally: Provided, 

12 That such amount is designated by the Congress as being 

13 for an emergency requirement pursuant to section 

14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

15 Deficit Control Act of 1985. 

16 MISCELLANEOUS ITEMS

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

18 $9,000,000, to remain available until expended, to prevent, 

19 prepare for, and respond to coronavirus, domestically or 

20 internationally, subject to approval by the Committee on 

21 Appropriations of the Senate and the Senate Committee on 

22 Rules and Administration: Provided, That such amount is 

23 designated by the Congress as being for an emergency re24 quirement pursuant to section 251(b)(2)(A)(i) of the Bal25 anced Budget and Emergency Deficit Control Act of 1985. 
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1 HOUSE OF REPRESENTATIVES 

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Salaries and Ex4 penses’’, $25,000,000, to remain available until September 

5 30, 2021, except that $5,000,000 shall remain available 

6 until expended, to prevent, prepare for, and respond to 

7 coronavirus, domestically or internationally, to be allocated 

8 in accordance with a spend plan submitted to the Com9 mittee on Appropriations of the House of Representatives 

10 by the Chief Administrative Officer and approved by such 

11 Committee: Provided, That such amount is designated by 

12 the Congress as being for an emergency requirement pursu13 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

14 Emergency Deficit Control Act of 1985. 

15 JOINT ITEMS 

16 OFFICE OF THE ATTENDING PHYSICIAN

17 For an additional amount for ‘‘Office of the Attending 

18 Physician’’, $400,000, to remain available until expended, 

19 to prevent, prepare for, and respond to coronavirus, domes20 tically or internationally: Provided, That such amount is 

21 designated by the Congress as being for an emergency re22 quirement pursuant to section 251(b)(2)(A)(i) of the Bal23 anced Budget and Emergency Deficit Control Act of 1985. 
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1 CAPITOL POLICE

2 SALARIES

3 For an additional amount for ‘‘Salaries’’, 

4 $12,000,000, to remain available until September 30, 2021, 

5 to prevent, prepare for, and respond to coronavirus, domes6 tically or internationally: Provided, That the Capitol Police 

7 may transfer amounts appropriated under this heading in 

8 this Act to ‘‘General Expenses’’ without the approval re9 quirement of 2 U.S.C. 1907(a): Provided further, That such 

10 amount is designated by the Congress as being for an emer11 gency requirement pursuant to section 251(b)(2)(A)(i) of 

12 the Balanced Budget and Emergency Deficit Control Act 

13 of 1985. 

14 ARCHITECT OF THE CAPITOL 

15 CAPITAL CONSTRUCTION AND OPERATIONS

16 For an additional amount for ‘‘Capital Construction 

17 and Operations’’, $25,000,000, to remain available until 

18 September 30, 2021, to prevent, prepare for, and respond 

19 to coronavirus, domestically or internationally, including 

20 to purchase and distribute cleaning and sanitation products 

21 throughout all facilities and grounds under the care of the 

22 Architect of the Capitol, wherever located, and any related 

23 services and operational costs: Provided, That the Architect 

24 of the Capitol shall provide a report within 30 days enact25 ment of this Act, and every 30 days thereafter, to the Com-
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1 mittees on Appropriations of the Senate and House of Rep2 resentatives, the Senate Committee on Rules and Adminis3 tration, and the Committee on House Administration on 

4 expenditure of funds from amounts appropriated under this 

5 heading in this Act: Provided further, That this amount 

6 shall be in addition to any other funds available for such 

7 purposes in appropriations Acts for the legislative branch: 

8 Provided further, That such amount is designated by the 

9 Congress as being for an emergency requirement pursuant 

10 to section 251(b)(2)(A)(i) of the Balanced Budget and 

11 Emergency Deficit Control Act of 1985. 

12 LIBRARY OF CONGRESS 

13 SALARIES AND EXPENSES

14 For an additional amount for ‘‘Salaries and Ex15 penses’’, $700,000, to remain available until September 30, 

16 2020, to prevent, prepare for, and respond to coronavirus, 

17 domestically or internationally, to be made available to the 

18 Little Scholars Child Development Center, subject to ap19 proval by the Committees on Appropriations of the Senate 

20 and House of Representatives, the Senate Committee on 

21 Rules and Administration, and the Committee on House 

22 Administration: Provided, That such amount is designated 

23 by the Congress as being for an emergency requirement pur24 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

25 Emergency Deficit Control Act of 1985. 
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1 GOVERNMENT ACCOUNTABILITY OFFICE 

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Salaries and Ex4 penses’’, $20,000,000, to remain available until expended, 

5 to prevent, prepare for, and respond to coronavirus, domes6 tically or internationally, for audits and investigations and 

7 for reimbursement of the Tiny Findings Child Development 

8 Center for salaries for employees, as authorized by this Act: 

9 Provided, That not later than 90 days after the date of en10 actment of this Act, the Government Accountability Office 

11 shall submit to the Committees on Appropriations of the 

12 House of Representatives and the Senate a spend plan 

13 specifying funding estimates and a timeline for such audits 

14 and investigations: Provided further, That $600,000 shall 

15 be made available to the Tiny Findings Child Development 

16 Center, subject to approval by the Committees on Appro17 priations of the Senate and House of Representatives, the 

18 Senate Committee on Rules and Administration, and the 

19 Committee on House Administration: Provided further, 

20 That such amount is designated by the Congress as being 

21 for an emergency requirement pursuant to section 

22 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985. 
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1 GENERAL PROVISIONS—THIS TITLE 

2 SOURCE OF FUNDS USED FOR PAYMENT OF SALARIES AND

3 EXPENSES OF SENATE EMPLOYEE CHILD CARE CENTER

4 SEC. 19001. The Secretary of the Senate shall reim5 burse the Senate Employee Child Care Center for personnel 

6 costs incurred starting on April 1, 2020, for employees of 

7 such Center who have been ordered to cease working due 

8 to measures taken in the Capitol complex to combat 

9 coronavirus, not to exceed $84,000 per month, from 

10 amounts in the appropriations account ‘‘Miscellaneous 

11 Items’’ within the contingent fund of the Senate. 

12 SOURCE OF FUNDS USED FOR PAYMENT OF SALARIES AND

13 EXPENSES OF HOUSE OF REPRESENTATIVES CHILD

14 CARE CENTER

15 SEC. 19002. (a) AUTHORIZING USE OF REVOLVING

16 FUND OR APPROPRIATED FUNDS.—Section 312(d)(3)(A) of 

17 the Legislative Branch Appropriations Act, 1992 (2 U.S.C. 

18 2062(d)(3)(A)) is amended— 

19 (1) in subparagraph (A), by striking the period 

20 at the end and inserting the following: ‘‘, and, at the 

21 option of the Chief Administrative Officer during an 

22 emergency situation, the payment of the salary of 

23 other employees of the Center.’’; and 

24 (2) by adding at the end the following new sub25 paragraph: 
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1 ‘‘(C) During an emergency situation, the 

2 payment of such other expenses for activities car3 ried out under this section as the Chief Adminis4 trative Officer determines appropriate.’’. 

5 (b) EFFECTIVE DATE.—The amendment made by sub6 section (a) shall apply with respect to fiscal year 2020 and 

7 each succeeding fiscal year. 

8 PAYMENTS TO ENSURE CONTINUING AVAILABILITY OF

9 GOODS AND SERVICES DURING THE CORONAVIRUS

10 EMERGENCY

11 SEC. 19003. (a) AUTHORIZATION TO MAKE PAY12 MENTS.—Notwithstanding any other provision of law and 

13 subject to subsection (b), during an emergency situation, the 

14 Chief Administrative Officer of the House of Representa15 tives may make payments under contracts with vendors 

16 providing goods and services to the House in amounts and 

17 under terms and conditions other than those provided under 

18 the contract in order to ensure that those goods and services 

19 remain available to the House throughout the duration of 

20 the emergency. 

21 (b) CONDITIONS.— 

22 (1) APPROVAL REQUIRED.—The Chief Adminis23 trative Officer may not make payments under the au24 thority of subsection (a) without the approval of the 

25 Committee on House Administration of the House of 

26 Representatives. 
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1 (2) AVAILABILITY OF APPROPRIATIONS.—The au2 thority of the Chief Administrative Officer to make 

3 payments under the authority of subsection (a) is sub4 ject to the availability of appropriations to make such 

5 payments. 

6 (c) APPLICABILITY.—This section shall apply with re7 spect to fiscal year 2020 and each succeeding fiscal year. 

8 SOURCE OF FUNDS USED FOR PAYMENT OF SALARIES AND

9 EXPENSES OF LITTLE SCHOLARS CHILD DEVELOP10 MENT CENTER

11 SEC. 19004. The Library of Congress shall reimburse 

12 Little Scholars Child Development Center for salaries for 

13 employees incurred from April 1, 2020, to September 30, 

14 2020, for employees of such Center who have been ordered 

15 to cease working due to measures taken in the Capitol com16 plex to combat coronavirus, not to exceed $113,000 per 

17 month, from amounts in the appropriations account ‘‘Li18 brary of Congress—Salaries and Expenses’’. 

19 AUTHORIZING PAYMENTS UNDER SERVICE CONTRACTS

20 DURING THE CORONAVIRUS EMERGENCY

21 SEC. 19005. (a) AUTHORIZING PAYMENTS.—Notwith22 standing section 3324(a) of title 31, United States Code, 

23 or any other provision of law and subject to subsection (b), 

24 if the employees of a contractor with a service contract with 

25 the Architect of the Capitol are furloughed or otherwise un26 able to work during closures, stop work orders, or reductions 
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1 in service arising from or related to the impacts of 

2 coronavirus, the Architect of the Capitol may continue to 

3 make the payments provided for under the contract for the 

4 weekly salaries and benefits of such employees for not more 

5 than 16 weeks. 

6 (b) AVAILABILITY OF APPROPRIATIONS.—The author7 ity of the Architect of the Capitol to make payments under 

8 the authority of subsection (a) is subject to the availability 

9 of appropriations to make such payments. 

10 (c) REGULATIONS.—The Architect of the Capitol shall 

11 promulgate such regulations as may be necessary to carry 

12 out this section. 

13 MASS MAILINGS AS FRANKED MAIL

14 SEC. 19006. (a) WAIVER.—Section 3210(a)(6)(D) of 

15 title 39, United States Code, is amended by striking the 

16 period at the end of the first sentence and inserting the fol17 lowing: ‘‘, and in the case of the Commission, to waive this 

18 paragraph in the case of mailings sent in response to or 

19 to address threats to life safety.’’. 

20 (b) EFFECTIVE DATE.—The amendments made by this 

21 subsection shall apply with respect to mailings sent on or 

22 after the date of the enactment of this Act. 

23 TECHNICAL CORRECTION

24 SEC. 19007. In the matter preceding the first proviso 

25 under the heading ‘‘Library of Congress—Salaries and Ex26 penses’’ in division E of the Further Consolidated Appro-
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1 priations Act, 2020 (Public Law 116–94), strike ‘‘ 

2 $504,164,000’’ and insert ‘‘ $510,164,000’’. 

3 CONFORMING AMENDMENT

4 SEC. 19008. Section 110(a)(1)(A) of the Family and 

5 Medical Leave Act of 1993 (as added by section 3102 of 

6 the Families First Coronavirus Response Act (Public Law 

7 116–127)) is amended— 

8 (1) by inserting before ‘‘In lieu of’’ the following: 

9 ‘‘(i) IN GENERAL.—’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(ii) SPECIAL RULE.—For purposes of 

12 applying section 102(a)(1)(F) and this sec13 tion under the Congressional Accountability 

14 Act of 1995, in lieu of the definition in sec15 tion 202(a)(2)(B) of that Act (2 U.S.C. 

16 1312(a)(2)(B)), the term ‘eligible employee’ 

17 means a covered employee (as defined in 

18 section 101 of that Act (2 U.S.C. 1301)) 

19 who has been employed for at least 30 cal20 endar days by the employing office (as so 

21 defined) with respect to whom leave is re22 quested under section 102(a)(1)(F).’’. 
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1 SOURCE OF FUNDS USED FOR PAYMENT OF SALARIES AND

2 EXPENSES OF TINY FINDINGS CHILD DEVELOPMENT

3 CENTER

4 SEC. 19009. The Government Accountability Office 

5 may reimburse the Tiny Findings Child Development Cen6 ter for salaries for employees incurred from April 1, 2020, 

7 to September 30, 2020, for employees of such Center who 

8 have been ordered to cease working due to measures taken 

9 in the Capitol complex to combat coronavirus, not to exceed 

10 $100,000 per month, from amounts in the appropriations 

11 account ‘‘Government Accountability Office—Salaries and 

12 Expenses’’. 

13 OVERSIGHT AND AUDIT AUTHORITY

14 SEC. 19010. (a) DEFINITIONS.—In this section— 

15 (1) the term ‘‘appropriate congressional commit16 tees’’ means— 

17 (A) the Committee on Appropriations of the 

18 Senate; 

19 (B) the Committee on Homeland Security 

20 and Governmental Affairs of the Senate; 

21 (C) the Committee on Health, Education, 

22 Labor, and Pensions of the Senate; 

23 (D) the Committee on Appropriations of the 

24 House of Representatives; 

25 (E) the Committee on Homeland Security 

26 of the House of Representatives; 
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1 (F) the Committee on Oversight and Reform 

2 of the House of Representatives; and 

3 (G) the Committee on Energy and Com4 merce of the House of Representatives; and 

5 (2) the term ‘‘Comptroller General’’ means the 

6 Comptroller General of the United States. 

7 (b) AUTHORITY.—The Comptroller General shall con8 duct monitoring and oversight of the exercise of authorities, 

9 or the receipt, disbursement, and use of funds made avail10 able, under this Act or any other Act to prepare for, respond 

11 to, and recover from the Coronavirus 2019 pandemic and 

12 the effect of the pandemic on the health, economy, and pub13 lic and private institutions of the United States, including 

14 public health and homeland security efforts by the Federal 

15 Government and the use of selected funds under this or any 

16 other Act related to the Coronavirus 2019 pandemic and 

17 a comprehensive audit and review of charges made to Fed18 eral contracts pursuant to authorities provided in the 

19 Coronavirus Aid, Relief, and Economic Security Act. 

20 (c) BRIEFINGS AND REPORTS.—In conducting moni21 toring and oversight under subsection (b), the Comptroller 

22 General shall— 

23 (1) during the period beginning on the date of 

24 enactment of this Act and ending on the date on 

25 which the national emergency declared by the Presi-
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1 dent under the National Emergencies Act (50 U.S.C. 

2 1601 et seq.) with respect to the Coronavirus Disease 

3 2019 (COVID–19) expires, offer regular briefings on 

4 not less frequently than a monthly basis to the appro5 priate congressional committees regarding Federal 

6 public health and homeland security efforts; 

7 (2) publish reports regarding the ongoing moni8 toring and oversight efforts, which, along with any 

9 audits and investigations conducted by the Comp10 troller General, shall be submitted to the appropriate 

11 congressional committees and posted on the website of 

12 the Government Accountability Office— 

13 (A) not later than 90 days after the date of 

14 enactment of this Act, and every other month 

15 thereafter until the date that is 1 year after the 

16 date of enactment of this Act; and 

17 (B) after the period described in subpara18 graph (A), on a periodic basis; and 

19 (3) submit to the appropriate congressional com20 mittees additional reports as warranted by the find21 ings of the monitoring and oversight activities of the 

22 Comptroller General. 

23 (d) ACCESS TO INFORMATION.— 

24 (1) RIGHT OF ACCESS.—In conducting moni25 toring and oversight activities under this section, the 
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1 Comptroller General shall have access to records, upon 

2 request, of any Federal, State, or local agency, con3 tractor, grantee, recipient, or subrecipient pertaining 

4 to any Federal effort or assistance of any type related 

5 to the Coronavirus 2019 pandemic under this Act or 

6 any other Act, including private entities receiving 

7 such assistance. 

8 (2) COPIES.—The Comptroller General may 

9 make and retain copies of any records accessed under 

10 paragraph (1) as the Comptroller General determines 

11 appropriate. 

12 (3) INTERVIEWS.—In addition to such other au13 thorities as are available, the Comptroller General or 

14 a designee of the Comptroller General may interview 

15 Federal, State, or local officials, contractor staff, 

16 grantee staff, recipients, or subrecipients pertaining 

17 to any Federal effort or assistance of any type related 

18 to the Coronavirus 2019 pandemic under this or any 

19 other Act, including private entities receiving such as20 sistance. 

21 (4) INSPECTION OF FACILITIES.—As determined 

22 necessary by the Comptroller General, the Government 

23 Accountability Office may inspect facilities at which 

24 Federal, State, or local officials, contractor staff, 

25 grantee staff, or recipients or subrecipients carry out 
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1 their responsibilities related to the Coronavirus 2019 

2 pandemic. 

3 (5) ENFORCEMENT.—Access rights under this 

4 subsection shall be subject to enforcement consistent 

5 with section 716 of title 31, United States Code. 

6 (e) RELATIONSHIP TO EXISTING AUTHORITY.—Noth7 ing in this section shall be construed to limit, amend, super8 sede, or restrict in any manner any existing authority of 

9 the Comptroller General. 

10 NATIONAL EMERGENCY RELIEF AUTHORITY FOR THE

11 REGISTER OF COPYRIGHTS

12 SEC. 19011. (a) AMENDMENT.—Chapter 7 of title 17, 

13 United States Code, is amended by adding at the end the 

14 following: 

15 ‘‘§ 710. Emergency relief authority 

16 ‘‘(a) EMERGENCY ACTION.—If, on or before December 

17 31, 2021, the Register of Copyrights determines that a na18 tional emergency declared by the President under the Na19 tional Emergencies Act (50 U.S.C. 1601 et seq.) generally 

20 disrupts or suspends the ordinary functioning of the copy21 right system under this title, or any component thereof, in22 cluding on a regional basis, the Register may, on a tem23 porary basis, toll, waive, adjust, or modify any timing pro24 vision (including any deadline or effective period, except 

25 as provided in subsection (c)) or procedural provision con26 tained in this title or chapters II or III of title 37, Code 
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1 of Federal Regulations, for no longer than the Register rea2 sonably determines to be appropriate to mitigate the impact 

3 of the disruption caused by the national emergency. In tak4 ing such action, the Register shall consider the scope and 

5 severity of the particular national emergency, and its spe6 cific effect with respect to the particular provision, and 

7 shall tailor any remedy accordingly. 

8 ‘‘(b) NOTICE AND EFFECT.—Any action taken by the 

9 Register in response to a national emergency pursuant to 

10 subsection (a) shall not be subject to section 701(e) or sub11 chapter II of chapter 5 of title 5, United States Code, and 

12 chapter 7 of title 5, United States Code. The provision of 

13 general public notice detailing the action being taken by 

14 the Register in response to the national emergency under 

15 subsection (a) is sufficient to effectuate such action. The 

16 Register may make such action effective both prospectively 

17 and retroactively in relation to a particular provision as 

18 the Register determines to be appropriate based on the tim19 ing, scope, and nature of the public emergency, but any ac20 tion by the Register may only be retroactive with respect 

21 to a deadline that has not already passed before the declara22 tion described in subsection (a). 

23 ‘‘(c) STATEMENT REQUIRED.—Except as provided in 

24 subsection (d), not later than 20 days after taking any ac25 tion that results in a provision being modified for a cumu-
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1 lative total of longer than 120 days, the Register shall sub2 mit to Congress a statement detailing the action taken, the 

3 relevant background, and rationale for the action. 

4 ‘‘(d) EXCEPTIONS.—The authority of the Register to 

5 act under subsection (a) does not extend provisions under 

6 this title requiring the commencement of an action or pro7 ceeding in Federal court within a specified period of time, 

8 except that if the Register adjusts the license availability 

9 date defined in section 115(e)(15), such adjustment shall 

10 not affect the ability to commence actions for any claim 

11 of infringement of exclusive rights provided by paragraphs 

12 (1) and (3) of section 106 against a digital music provider 

13 arising from the unauthorized reproduction or distribution 

14 of a musical work by such digital music provider in the 

15 course of engaging in covered activities that accrued after 

16 January 1, 2018, provided that such action is commenced 

17 within the time periods prescribed under section 

18 115(d)(10)(C)(i) or 115(d)(10)(C)(ii) as calculated from the 

19 adjusted license availability date. If the Register adjusts the 

20 license availability date, the Register must provide the 

21 statement to Congress under subsection (c) at the same time 

22 as the public notice of such adjustment with a detailed ex23 planation of why such adjustment is needed. 

24 ‘‘(e) COPYRIGHT TERM EXCEPTION.—The authority of 

25 the Register to act under subsection (a) does not extend to 
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1 provisions under chapter 3, except section 304(c), or section 

2 1401(a)(2). 

3 ‘‘(f) OTHER LAWS.—Notwithstanding section 301 of 

4 the National Emergencies Act (50 U.S.C. 1631), the author5 ity of the Register under subsection (a) is not contingent 

6 on a specification made by the President under such section 

7 or any other requirement under that Act (other than the 

8 emergency declaration under section 201(a) of such Act (50 

9 U.S.C. 1621(a))). The authority described in this section 

10 supersedes the authority of title II of the National Emer11 gencies Act (50 U.S.C. 1621 et seq.).’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

13 table of sections for chapter 7 of title 17, United States 

14 Code, is amended by adding at the end the following: 

‘‘710. Emergency relief authority.’’. 

15 (c) EMERGENCY REQUIREMENT.—The amount pro16 vided by this section is designated by the Congress as being 

17 for an emergency requirement pursuant to section 

18 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

19 Deficit Control Act of 1985. 
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1 TITLE X 

2 DEPARTMENT OF VETERANS AFFAIRS 

3 VETERANS BENEFITS ADMINISTRATION

4 GENERAL OPERATING EXPENSES, VETERANS BENEFITS

5 ADMINISTRATION

6 For an additional amount for ‘‘General Operating Ex7 penses, Veterans Benefits Administration’’, $13,000,000, to 

8 remain available until September 30, 2021, to prevent, pre9 pare for, and respond to coronavirus, domestically or inter10 nationally: Provided, That such amount is designated by 

11 the Congress as being for an emergency requirement pursu12 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

13 Emergency Deficit Control Act of 1985. 

14 VETERANS HEALTH ADMINISTRATION

15 MEDICAL SERVICES

16 For an additional amount for ‘‘Medical Services’’, 

17 $14,432,000,000, to remain available until September 30, 

18 2021, to prevent, prepare for, and respond to coronavirus, 

19 domestically or internationally, including related impacts 

20 on health care delivery, and for support to veterans who 

21 are homeless or at risk of becoming homeless: Provided, That 

22 such amount is designated by the Congress as being for an 

23 emergency requirement pursuant to section 251(b)(2)(A)(i) 

24 of the Balanced Budget and Emergency Deficit Control Act 

25 of 1985. 
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1 MEDICAL COMMUNITY CARE

2 For an additional amount for ‘‘Medical Community 

3 Care’’, $2,100,000,000, to remain available until September 

4 30, 2021, to prevent, prepare for, and respond to 

5 coronavirus, domestically or internationally, including re6 lated impacts on health care delivery: Provided, That such 

7 amount is designated by the Congress as being for an emer8 gency requirement pursuant to section 251(b)(2)(A)(i) of 

9 the Balanced Budget and Emergency Deficit Control Act 

10 of 1985. 

11 MEDICAL SUPPORT AND COMPLIANCE

12 For an additional amount for ‘‘Medical Support and 

13 Compliance’’, $100,000,000, to remain available until Sep14 tember 30, 2021, to prevent, prepare for, and respond to 

15 coronavirus, domestically or internationally, including re16 lated impacts on health care delivery: Provided, That such 

17 amount is designated by the Congress as being for an emer18 gency requirement pursuant to section 251(b)(2)(A)(i) of 

19 the Balanced Budget and Emergency Deficit Control Act 

20 of 1985. 

21 MEDICAL FACILITIES

22 For an additional amount for ‘‘Medical Facilities’’, 

23 $606,000,000, to remain available until September 30, 

24 2021, to prevent, prepare for, and respond to coronavirus, 

25 domestically or internationally, including related impacts 
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1 on health care delivery: Provided, That such amount is des2 ignated by the Congress as being for an emergency require3 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

4 Budget and Emergency Deficit Control Act of 1985. 

5 DEPARTMENTAL ADMINISTRATION

6 GENERAL ADMINISTRATION

7 For an additional amount for ‘‘General Administra8 tion’’, $6,000,000, to remain available until September 30, 

9 2021, to prevent, prepare for, and respond to coronavirus, 

10 domestically or internationally: Provided, That such 

11 amount is designated by the Congress as being for an emer12 gency requirement pursuant to section 251(b)(2)(A)(i) of 

13 the Balanced Budget and Emergency Deficit Control Act 

14 of 1985. 

15 INFORMATION TECHNOLOGY SYSTEMS

16 For an additional amount for ‘‘Information Tech17 nology Systems’’, $2,150,000,000, to remain available until 

18 September 30, 2021, to prevent, prepare for, and respond 

19 to coronavirus, domestically or internationally, including 

20 related impacts on health care delivery: Provided, That the 

21 Secretary shall transmit to the Committees on Appropria22 tions of both Houses of Congress a spend plan detailing the 

23 allocation of such funds between pay and associated costs, 

24 operations and maintenance, and information technology 

25 systems development: Provided further, That after such 
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1 transmittal is provided, funds may only be reprogrammed 

2 among the three subaccounts referenced in the previous pro3 viso after the Secretary of Veterans Affairs submits notice 

4 to the Committees on Appropriations of both Houses of Con5 gress: Provided further, That such amount is designated by 

6 the Congress as being for an emergency requirement pursu7 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

8 Emergency Deficit Control Act of 1985. 

9 OFFICE OF INSPECTOR GENERAL

10 For an additional amount for ‘‘Office of Inspector 

11 General’’, $12,500,000, to remain available until September 

12 30, 2022, to prevent, prepare for, and respond to 

13 coronavirus, domestically or internationally, for oversight 

14 and audit of programs, activities, grants and projects fund15 ed under this title: Provided, That such amount is des16 ignated by the Congress as being for an emergency require17 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

18 Budget and Emergency Deficit Control Act of 1985. 

19 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

20 FACILITIES

21 For an additional amount for ‘‘Grants for Construc22 tion of State Extended Care Facilities’’, $150,000,000, to 

23 remain available until September 30, 2021, to prevent, pre24 pare for, and respond to coronavirus, domestically or inter25 nationally, including to modify or alter existing hospital, 
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1 nursing home, and domiciliary facilities in State homes: 

2 Provided, That such amount is designated by the Congress 

3 as being for an emergency requirement pursuant to section 

4 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

5 Deficit Control Act of 1985. 

6 RELATED AGENCIES 

7 ARMED FORCES RETIREMENT HOME TRUST FUND

8 For an additional amount for the ‘‘Armed Forces Re9 tirement Home Trust Fund’’, $2,800,000, to remain avail10 able until September 30, 2021, to prevent, prepare for, and 

11 respond to coronavirus, to be paid from funds available in 

12 the Armed Forces Retirement Home Trust Fund: Provided, 

13 That of the amounts made available under this heading 

14 from funds available in the Armed Forces Retirement Home 

15 Trust Fund, $2,800,000 shall be paid from the general fund 

16 of the Treasury to the Trust Fund: Provided further, That 

17 the Chief Executive Officer of the Armed Forces Retirement 

18 Home shall submit to the Committees on Appropriations 

19 of both Houses of Congress monthly reports detailing obliga20 tions, expenditures, and planned activities: Provided fur21 ther, That such amount is designated by the Congress as 

22 being for an emergency requirement pursuant to section 

23 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985. 
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1 GENERAL PROVISIONS—THIS TITLE 

2 (INCLUDING TRANSFER OF FUNDS)

3 SEC. 20001. Amounts made available for the Depart4 ment of Veterans Affairs in this title, under the ‘‘Medical 

5 Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support 

6 and Compliance’’, and ‘‘Medical Facilities’’ accounts may 

7 be transferred among the accounts to prevent, prepare for, 

8 and respond to coronavirus, domestically and internation9 ally: Provided, That any transfers among the ‘‘Medical 

10 Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support 

11 and Compliance’’, and ‘‘Medical Facilities’’ accounts of 2 

12 percent or less of the total amount appropriated to an ac13 count in this title may take place subject to notification 

14 from the Secretary of Veterans Affairs to the Committees 

15 on Appropriations of both Houses of Congress of the amount 

16 and purpose of the transfer: Provided further, That any 

17 transfers among the ‘‘Medical Services’’, ‘‘Medical Commu18 nity Care’’, ‘‘Medical Support and Compliance’’, and 

19 ‘‘Medical Facilities’’ accounts in excess of 2 percent of the 

20 total amount appropriated to an account in this title, or 

21 exceeding a cumulative 2 percent for all of the funds pro22 vided in this title, may take place only after the Secretary 

23 requests from the Committees on Appropriations of both 

24 Houses of Congress the authority to make the transfer and 

25 an approval is issued. 
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1 SEC. 20002. For all of the funds appropriated in this 

2 title the Secretary of Veterans Affairs shall submit to the 

3 Committees on Appropriations of both Houses of Congress 

4 monthly reports detailing obligations, expenditures, and 

5 planned activities. 

6 PUBLIC HEALTH EMERGENCY

7 SEC. 20003. In this title, the term ‘‘public health emer8 gency’’ means an emergency with respect to COVID–19 de9 clared by a Federal, State, or local authority. 

10 SHORT-TERM AGREEMENTS OR CONTRACTS WITH TELE11 COMMUNICATIONS PROVIDERS TO EXPAND TELE12 MENTAL HEALTH SERVICES FOR ISOLATED VETERANS

13 DURING A PUBLIC HEALTH EMERGENCY

14 SEC. 20004. (a) IN GENERAL.—Notwithstanding any 

15 other provision of law, the Secretary of Veterans Affairs 

16 may enter into short-term agreements or contracts with tele17 communications companies to provide temporary, com18 plimentary or subsidized, fixed and mobile broadband serv19 ices for the purposes of providing expanded mental health 

20 services to isolated veterans through telehealth or VA Video 

21 Connect during a public health emergency. 

22 (b) ELIGIBILITY.— 

23 (1) IN GENERAL.—The Secretary may expand 

24 eligibility for services described in subsection (a) from 

25 the Department of Veterans Affairs to include vet26 erans already receiving care from the Department 
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1 who may not be eligible for mental health services or 

2 other health care services delivered through telehealth 

3 or VA Video Connect. 

4 (2) PRIORITY.—For purposes of expanding eligi5 bility under paragraph (1), the Secretary shall 

6 prioritize— 

7 (A) veterans who are in unserved and un8 derserved areas; 

9 (B) veterans who reside in rural and highly 

10 rural areas, as defined in the Rural-Urban Com11 muting Areas coding system of the Department 

12 of Agriculture; 

13 (C) low-income veterans; and 

14 (D) any other veterans that the Secretary 

15 considers to be at a higher risk for suicide and 

16 mental health concerns during isolation periods 

17 due to a public health emergency. 

18 (c) DEFINITIONS.—In this section: 

19 (1) TELEHEALTH.— 

20 (A) IN GENERAL.—The term ‘‘telehealth’’ 

21 means the use of electronic information and tele22 communications technologies to support and pro23 mote long-distance clinical health care, patient 

24 and professional health-related education, public 

25 health, and health administration. 
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1 (B) TECHNOLOGIES.—For purposes of sub2 paragraph (A), telecommunications technologies 

3 include videoconferencing, the internet, stream4 ing media, and terrestrial and wireless commu5 nications. 

6 (2) VA VIDEO CONNECT.—The term ‘‘VA Video 

7 Connect’’ means the program of the Department of 

8 Veterans Affairs to connect veterans with their health 

9 care team from anywhere, using encryption to ensure 

10 a secure and private session. 

11 TREATMENT OF STATE HOMES DURING PUBLIC HEALTH

12 EMERGENCY

13 SEC. 20005. (a) WAIVER OF OCCUPANCY RATE RE14 QUIREMENTS.—During a public health emergency, occu15 pancy rate requirements for State homes for purposes of re16 ceiving per diem payments set forth in section 51.40(c) of 

17 title 38, Code of Federal Regulations, or successor regula18 tions, shall not apply. 

19 (b) WAIVER OF VETERAN PERCENTAGE REQUIRE20 MENTS.—During a public health emergency, the veteran 

21 percentage requirements for State homes set forth in section 

22 51.210(d) of title 38, Code of Regulations, or successor regu23 lations, and in agreements for grants to construct State 

24 homes, shall not apply. 

25 (c) PROVISION OF MEDICINE, EQUIPMENT, AND SUP26 PLIES.— 
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1 (1) IN GENERAL.—During a public health emer2 gency, the Secretary of Veterans Affairs may provide 

3 to State homes medicines, personal protective equip4 ment, medical supplies, and any other equipment, 

5 supplies, and assistance available to the Department 

6 of Veterans Affairs. 

7 (2) PROVISION OF EQUIPMENT.—Personal protec8 tive equipment may be provided under paragraph (1) 

9 through the All Hazards Emergency Cache of the De10 partment of Veterans Affairs or any other source 

11 available to the Department. 

12 (d) DEFINITIONS.—In this section: 

13 (1) PERSONAL PROTECTIVE EQUIPMENT.—The 

14 term ‘‘personal protective equipment’’ means any pro15 tective equipment required to prevent the wearer from 

16 contracting COVID–19, including gloves, N–95 res17 pirator masks, gowns, goggles, face shields, or other 

18 equipment required for safety. 

19 (2) PUBLIC HEALTH EMERGENCY.—The term 

20 ‘‘public health emergency’’ means an emergency with 

21 respect to COVID–19 declared by a Federal, State, or 

22 local authority. 

23 (3) STATE HOME.—The term ‘‘State home’’ has 

24 the meaning given that term in section 101(19) of 

25 title 38, United States Code. 
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1 MODIFICATIONS TO VETERAN DIRECTED CARE PROGRAM OF

2 DEPARTMENT OF VETERANS AFFAIRS

3 SEC. 20006. (a) TELEPHONE OR TELEHEALTH RE4 NEWALS.—For the Veteran Directed Care program of the 

5 Department of Veterans Affairs (in this section referred to 

6 as the ‘‘Program’’), during a public health emergency, the 

7 Secretary of Veterans Affairs shall— 

8 (1) waive the requirement that an area agency 

9 on aging process new enrollments and six-month re10 newals for the Program via an in-person or home 

11 visit; and 

12 (2) allow new enrollments and sixth-month re13 newals for the Program to be conducted via telephone 

14 or telehealth modality. 

15 (b) NO SUSPENSION OR DISENROLLMENT.—During a 

16 public health emergency, the Secretary shall not suspend or 

17 dis-enroll a veteran or caregiver of a veteran from the Pro18 gram unless— 

19 (1) requested to do so by the veteran or a rep20 resentative of the veteran; or 

21 (2) a mutual decision is made between the vet22 eran and a health care provider of the veteran to sus23 pend or dis-enroll the veteran or caregiver from the 

24 Program. 
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1 (c) WAIVER OF PAPERWORK REQUIREMENT.—During 

2 a public health emergency, the Secretary may waive the re3 quirement for signed, mailed paperwork to confirm the en4 rollment or renewal of a veteran in the Program and may 

5 allow verbal consent of the veteran via telephone or tele6 health modality to suffice for purposes of such enrollment 

7 or renewal. 

8 (d) WAIVER OF OTHER REQUIREMENTS.—During a 

9 public health emergency, the Secretary shall waive— 

10 (1) any penalty for late paperwork relating to 

11 the Program; and 

12 (2) any requirement to stop payments for vet13 erans or caregivers of veterans under the Program if 

14 they are out of State for more than 14 days. 

15 (e) AREA AGENCY ON AGING DEFINED.—In this sec16 tion, the term ‘‘area agency on aging’’ has the meaning 

17 given that term in section 102 of the Older Americans Act 

18 of 1965 (42 U.S.C. 3002). 

19 PROVISION BY DEPARTMENT OF VETERANS AFFAIRS OF

20 PROSTHETIC APPLIANCES THROUGH NON-DEPART21 MENT PROVIDERS DURING PUBLIC HEALTH EMER22 GENCY

23 SEC. 20007. The Secretary of Veterans Affairs shall en24 sure that, to the extent practicable, veterans who are receiv25 ing or are eligible to receive a prosthetic appliance under 

26 section 1714 or 1719 of title 38, United States Code, are 
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1 able to receive such an appliance that the Secretary deter2 mines is needed from a non-Department of Veterans Affairs 

3 provider under a contract with the Department during a 

4 public health emergency. 

5 WAIVER OF PAY CAPS FOR EMPLOYEES OF DEPARTMENT OF

6 VETERANS AFFAIRS DURING PUBLIC HEALTH EMER7 GENCIES

8 SEC. 20008. (a) IN GENERAL.—Notwithstanding any 

9 other provision of law, the Secretary of Veterans Affairs 

10 may waive any limitation on pay for an employee of the 

11 Department of Veterans Affairs during a public health 

12 emergency for work done in support of response to the emer13 gency. 

14 (b) REPORTING.— 

15 (1) IN GENERAL.—For each month that the Sec16 retary waives a limitation under subsection (a), the 

17 Secretary shall submit to the Committee on Veterans’ 

18 Affairs of the Senate and the Committee on Veterans’ 

19 Affairs of the House of Representatives a report on 

20 the waiver. 

21 (2) CONTENTS.—Each report submitted under 

22 paragraph (1) for a waiver or waivers in a month 

23 shall include the following: 

24 (A) Where the waiver or waivers were used, 

25 including in which component of the Department 
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1 and, as the case may be, which medical center of 

2 the Department. 

3 (B) For how many employees the waiver or 

4 waivers were used, disaggregated by component 

5 of the Department and, if applicable, medical 

6 center of the Department. 

7 (C) The average amount by which each pay8 ment exceeded the waived pay limitation that 

9 was waived, disaggregated by component of the 

10 Department and, if applicable, medical center of 

11 the Department. 

12 (c) EMPLOYEE OF THE DEPARTMENT OF VETERANS

13 AFFAIRS DEFINED.—In this section, the term ‘‘employee of 

14 the Department of Veterans Affairs’’ includes any employee 

15 of the Department of Veterans Affairs, regardless of the au16 thority under which the employee was hired. 

17 PROVISION BY DEPARTMENT OF VETERANS AFFAIRS OF

18 PERSONAL PROTECTIVE EQUIPMENT FOR HOME

19 HEALTH WORKERS

20 SEC. 20009. (a) PROVISION OF EQUIPMENT.— 

21 (1) IN GENERAL.—During a public health emer22 gency, the Secretary of Veterans Affairs shall provide 

23 to employees and contractors of the Department of 

24 Veterans Affairs personal protective equipment nec25 essary to provide home care to veterans under the 

26 laws administered by the Secretary. 
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1 (2) SOURCE OF EQUIPMENT.—Personal protec2 tive equipment may be provided under paragraph (1) 

3 through the All Hazards Emergency Cache of the De4 partment or any other source available to the Depart5 ment. 

6 (b) DEFINITIONS.—In this section: 

7 (1) HOME CARE.—The term ‘‘home care’’ has the 

8 meaning given that term in section 1803(c) of title 

9 38, United States Code. 

10 (2) PERSONAL PROTECTIVE EQUIPMENT.—The 

11 term ‘‘personal protective equipment’’ means any pro12 tective equipment required to prevent the wearer from 

13 contracting COVID–19, including gloves, N–95 res14 pirator masks, gowns, goggles, face shields, or other 

15 equipment required for safety. 

16 CLARIFICATION OF TREATMENT OF PAYMENTS FOR PUR17 POSES OF ELIGIBILITY FOR VETERANS PENSION AND

18 OTHER VETERANS BENEFITS

19 SEC. 20010. Amounts paid to a person under the 2020 

20 Recovery Rebate in the Coronavirus Aid, Relief, and Eco21 nomic Security Act shall not be treated as income or re22 sources for purposes of determining eligibility for pension 

23 under chapter 15 of title 38, United States Code, or any 

24 other benefit under a law administered by the Secretary of 

25 Veterans Affairs. 
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1 AVAILABILITY OF TELEHEALTH FOR CASE MANAGERS AND

2 HOMELESS VETERANS

3 SEC. 20011. The Secretary of Veterans Affairs shall en4 sure that telehealth capabilities are available during a pub5 lic health emergency for case managers of, and homeless vet6 erans participating in, the Department of Housing and 

7 Urban Development–Department of Veterans Affairs Sup8 portive Housing program (commonly referred to as ‘‘HUD– 

9 VASH’’). 

10 FUNDING LIMITS FOR FINANCIAL ASSISTANCE FOR SUP11 PORTIVE SERVICES FOR VERY LOW-INCOME VETERAN

12 FAMILIES IN PERMANENT HOUSING DURING A PUBLIC

13 HEALTH EMERGENCY

14 SEC. 20012. In the case of a public health emergency, 

15 nothing in subsection (e)(1) of section 2044 of title 38, 

16 United States Code, may be construed as limiting amounts 

17 that may be made available for carrying out subsections 

18 (a), (b), and (c) of such section. 

19 MODIFICATIONS TO COMPREHENSIVE SERVICE PROGRAMS

20 FOR HOMELESS VETERANS DURING A PUBLIC HEALTH

21 EMERGENCY

22 SEC. 20013. (a) RULE OF CONSTRUCTION.—In the 

23 case of a public health emergency, no authorization of ap24 propriations in section 2014 of title 38, United States Code, 

25 may be construed as limiting amounts that may be appro-
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1 priated for carrying out subchapter II of chapter 20 of such 

2 title. 

3 (b) GRANTS AND PER DIEM PAYMENTS.—In the case 

4 of a public health emergency, the Secretary of Veterans Af5 fairs may waive any limits on— 

6 (1) grant amounts under sections 2011 and 2061 

7 of title 38, United States Code; and 

8 (2) rates for per diem payments under sections 

9 2012 and 2061 of such title. 

10 (c) PARTICIPANT ABSENCE.—Notwithstanding Vet11 erans Health Administration Handbook 1162.01(1), dated 

12 July 12, 2013, and amended June 30, 2014, and titled 

13 ‘‘Grant and Per Diem (GPD) Program’’, or any other pro14 vision of law, for the duration of a public health emergency, 

15 the Secretary— 

16 (1) shall waive any requirement to discharge a 

17 veteran from the grant and per diem program of the 

18 Veterans Health Administration after the veteran is 

19 absent for 14 days; and 

20 (2) may continue to pay per diem to grant re21 cipients and eligible entities under the program for 

22 any additional days of absence when a veteran has 

23 already been absent for more than 72 hours. 

24 SEC. 20014. The amounts provided by sections 20003 

25 through 20013 of this title in this Act are designated by 
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1 the Congress as being for an emergency requirement pursu2 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

3 Emergency Deficit Control Act of 1985. 

4 TITLE XI 

5 DEPARTMENT OF STATE 

6 ADMINISTRATION OF FOREIGN AFFAIRS

7 DIPLOMATIC PROGRAMS

8 For an additional amount for ‘‘Diplomatic Pro9 grams’’, $324,000,000, to remain available until September 

10 30, 2022, to prevent, prepare for, and respond to 

11 coronavirus, including for necessary expenses to maintain 

12 consular operations and to provide for evacuation expenses 

13 and emergency preparedness: Provided, That such amount 

14 is designated by the Congress as being for an emergency 

15 requirement pursuant to section 251(b)(2)(A)(i) of the Bal16 anced Budget and Emergency Deficit Control Act of 1985. 

17 UNITED STATES AGENCY FOR INTERNATIONAL 

18 DEVELOPMENT 

19 FUNDS APPROPRIATED TO THE PRESIDENT

20 OPERATING EXPENSES

21 For an additional amount for ‘‘Operating Expenses’’, 

22 $95,000,000, to remain available until September 30, 2022, 

23 to prevent, prepare for, and respond to coronavirus: Pro24 vided, That such amount is designated by the Congress as 

25 being for an emergency requirement pursuant to section 
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1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 BILATERAL ECONOMIC ASSISTANCE 

4 FUNDS APPROPRIATED TO THE PRESIDENT

5 INTERNATIONAL DISASTER ASSISTANCE

6 For an additional amount for ‘‘International Disaster 

7 Assistance’’, $258,000,000, to remain available until ex8 pended, to prevent, prepare for, and respond to coronavirus: 

9 Provided, That such amount is designated by the Congress 

10 as being for an emergency requirement pursuant to section 

11 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985. 

13 DEPARTMENT OF STATE

14 MIGRATION AND REFUGEE ASSISTANCE

15 For an additional amount for ‘‘Migration and Refugee 

16 Assistance’’, $350,000,000, to remain available until ex17 pended, to prevent, prepare for, and respond to coronavirus: 

18 Provided, That such amount is designated by the Congress 

19 as being for an emergency requirement pursuant to section 

20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 INDEPENDENT AGENCIES

23 PEACE CORPS

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

25 $88,000,000, to remain available until September 30, 2022, 
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1 to prevent, prepare for, and respond to coronavirus: Pro2 vided, That such amount is designated by the Congress as 

3 being for an emergency requirement pursuant to section 

4 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

5 Deficit Control Act of 1985. 

6 GENERAL PROVISIONS—THIS TITLE 

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 21001. The authorities and limitations of section 

9 402 of the Coronavirus Preparedness and Response Supple10 mental Appropriations Act (division A of Public Law 116– 

11 123) shall apply to funds appropriated by this title as fol12 lows: 

13 (1) Subsections (a), (d), (e), and (f) shall apply 

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

15 and 

16 (2) Subsections (c), (d), (e), and (f) shall apply 

17 to funds under the heading ‘‘International Disaster 

18 Assistance’’. 

19 SEC. 21002. Funds appropriated by this title under 

20 the headings ‘‘Diplomatic Programs’’, ‘‘Operating Ex21 penses’’, and ‘‘Peace Corps’’ may be used to reimburse such 

22 accounts administered by the Department of State, the 

23 United States Agency for International Development, and 

24 the Peace Corps, as appropriate, for obligations incurred 
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1 to prevent, prepare for, and respond to coronavirus prior 

2 to the date of enactment of this Act. 

3 SEC. 21003. The reporting requirement of section 

4 406(b) of the Coronavirus Preparedness and Response Sup5 plemental Appropriations Act, 2020 (division A of Public 

6 Law 116–123) shall apply to funds appropriated by this 

7 title: Provided, That the requirement to jointly submit such 

8 report shall not apply to the Director of the Peace Corps: 

9 Provided further, That reports required by such section may 

10 be consolidated and shall include information on all funds 

11 made available to such Federal agencies to prevent, prepare 

12 for, and respond to coronavirus. 

13 SEC. 21004. Section 7064(a) of the Department of 

14 State, Foreign Operations, and Related Programs Appro15 priations Act, 2020 (division G of Public Law 116–94) is 

16 amended by striking ‘‘ $100,000,000’’ and inserting in lieu 

17 thereof ‘‘ $110,000,000’’, and by adding the following before 

18 the period at the end: ‘‘: Provided, That no amounts may 

19 be used that were designated by the Congress for Overseas 

20 Contingency Operations/Global War on Terrorism pursu21 ant to the Concurrent Resolution on the Budget or the Bal22 anced Budget and Emergency Deficit Control Act of 1985’’. 

23 SEC. 21005. The Department of State, Foreign Oper24 ations, and Related Programs Appropriations Act, 2020 

25 (division G of Public Law 116–94) is amended under the 
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1 heading ‘‘Emergencies in the Diplomatic and Consular 

2 Service’’ in title I by striking ‘‘ $1,000,000’’ and inserting 

3 in lieu thereof ‘‘ $5,000,000’’. 

4 SEC. 21006. The Department of State, Foreign Oper5 ations, and Related Programs Appropriations Act, 2020 

6 (division G of Public Law 116–94) is amended under the 

7 heading ‘‘Millennium Challenge Corporation’’ in title III 

8 by striking ‘‘ $105,000,000’’ in the first proviso and insert9 ing in lieu thereof ‘‘ $107,000,000’’. 

10 SEC. 21007. Notwithstanding any other provision of 

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

12 provision of law, the Secretary of State and the Adminis13 trator of the United States Agency for International Devel14 opment may, in order to prevent, prepare for, and respond 

15 to coronavirus, provide additional paid leave to address em16 ployee hardships resulting from coronavirus: Provided, 

17 That this authority shall apply to leave taken since Janu18 ary 29, 2020, and may be provided abroad and domesti19 cally: Provided further, That the Secretary and the Admin20 istrator shall consult with the Committee on Appropria21 tions and the Committee on Foreign Relations of the Senate 

22 and the Committee on Appropriations and the Committee 

23 on Foreign Affairs of the House of Representatives prior 

24 to implementation of such authority: Provided further, That 
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1 the authority made available pursuant to this section shall 

2 expire on September 30, 2022. 

3 SEC. 21008. The Secretary of State, to prevent, pre4 pare for, and respond to coronavirus, may exercise the au5 thorities of section 3(j) of the State Department Basic Au6 thorities Act of 1956 (22 U.S.C. 2670(j)) to provide medical 

7 services or related support for private United States citi8 zens, nationals, and permanent resident aliens abroad, or 

9 third country nationals connected to such persons or to the 

10 diplomatic or development missions of the United States 

11 abroad, who are unable to obtain such services or support 

12 otherwise: Provided, That such assistance shall be provided 

13 on a reimbursable basis to the extent feasible: Provided fur14 ther, That such reimbursements may be credited to the ap15 plicable Department of State appropriation and shall re16 main available until expended: Provided further, That the 

17 Secretary shall prioritize providing medical services or re18 lated support to individuals eligible for the health program 

19 under section 904 of the Foreign Service Act of 1980 (22 

20 U.S.C. 4084): Provided further, That the authority made 

21 available pursuant to this section shall expire on September 

22 30, 2022. 

23 SEC. 21009. Notwithstanding section 6(b) of the De24 partment of State Authorities Act of 2006 (Public Law 

25 109–472; 120 Stat. 3556), during fiscal year 2020, passport 
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1 and immigrant visa surcharges collected in any fiscal year 

2 pursuant to the fourth paragraph under the heading ‘‘Dip3 lomatic and Consular Programs’’ in the Department of 

4 State and Related Agency Appropriations Act, 2005 (title 

5 IV of division B of Public Law 108–447; 8 U.S.C. 1714) 

6 may be obligated and expended for the costs of providing 

7 consular services: Provided, That such funds should be 

8 prioritized for United States citizen services: Provided fur9 ther, That not later than 90 days after the expiration of 

10 this authority, the Secretary of State shall provide a report 

11 to the Committee on Appropriations and the Committee on 

12 Foreign Relations of the Senate and the Committee on Ap13 propriations and the Committee on Foreign Affairs of the 

14 House of Representatives detailing the specific expenditures 

15 made pursuant to this authority: Provided further, That the 

16 amount provided by this section is designated by the Con17 gress as being for an emergency requirement pursuant to 

18 section 251(b)(2)(A)(i) of the Balanced Budget and Emer19 gency Deficit Control Act of 1985. 

20 SEC. 21010. The Department of State and the United 

21 States Agency for International Development are author22 ized to enter into contracts with individuals for the provi23 sion of personal services (as described in section 104 of part 

24 37 of title 48, Code of Federal Regulations and including 

25 pursuant to section 904 of the Foreign Service Act of 1980 
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1 (22 U.S.C. 4084)) to prevent, prepare for, and respond to 

2 coronavirus, within the United States and abroad, subject 

3 to prior consultation with, and the notification procedures 

4 of, the Committee on Appropriations and the Committee on 

5 Foreign Relations of the Senate and the Committee on Ap6 propriations and the Committee on Foreign Affairs of the 

7 House of Representatives: Provided, That such individuals 

8 may not be deemed employees of the United States for the 

9 purpose of any law administered by the Office of Personnel 

10 Management: Provided further, That not later than 15 days 

11 after utilizing this authority, the Secretary of State shall 

12 provide a report to the Committee on Appropriations and 

13 the Committee on Foreign Relations of the Senate and the 

14 Committee on Appropriations and the Committee on For15 eign Affairs of the House of Representatives on the overall 

16 staffing needs for the Office of Medical Services: Provided 

17 further, That the authority made available pursuant to this 

18 section shall expire on September 30, 2022. 

19 SEC. 21011. Notwithstanding any other provision of 

20 law, the Secretary of State and the Administrator of the 

21 United States Agency for International Development may 

22 authorize any oath of office required by law to, in par23 ticular circumstances that could otherwise pose health risks, 

24 be administered remotely, subject to appropriate 

25 verification: Provided, That prior to initially exercising the 
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1 authority of this section, the Secretary and the Adminis2 trator shall each submit a report to the Committee on Ap3 propriations and the Committee on Foreign Relations of 

4 the Senate and the Committee on Appropriations and the 

5 Committee on Foreign Affairs of the House of Representa6 tives describing the process and procedures for admin7 istering such oaths, including appropriate verification: Pro8 vided further, That the authority made available pursuant 

9 to this section shall expire on September 30, 2021. 

10 SEC. 21012. (a) PURPOSES.—For purposes of strength11 ening the ability of foreign countries to prevent, prepare 

12 for, and respond to coronavirus and to the adverse economic 

13 impacts of coronavirus, in a manner that would protect the 

14 United States from the spread of coronavirus and mitigate 

15 an international economic crisis resulting from coronavirus 

16 that may pose a significant risk to the economy of the 

17 United States, each paragraph of subsection (b) shall take 

18 effect upon enactment of this Act. 

19 (b) CORONAVIRUS RESPONSES.— 

20 (1) INTERNATIONAL DEVELOPMENT ASSOCIATION

21 REPLENISHMENT.—The International Development 

22 Association Act (22 U.S.C. 284 et seq.) is amended by 

23 adding at the end the following new section: 
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1 ‘‘SEC. 31. NINETEENTH REPLENISHMENT. 

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

3 International Development Association is authorized to con4 tribute on behalf of the United States $3,004,200,000 to the 

5 nineteenth replenishment of the resources of the Association, 

6 subject to obtaining the necessary appropriations. 

7 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—In order 

8 to pay for the United States contribution provided for in 

9 subsection (a), there are authorized to be appropriated, 

10 without fiscal year limitation, $3,004,200,000 for payment 

11 by the Secretary of the Treasury.’’. 

12 (2) INTERNATIONAL FINANCE CORPORATION AU13 THORIZATION.—The International Finance Corpora14 tion Act (22 U.S.C. 282 et seq.) is amended by adding 

15 at the end the following new section: 

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

17 ARTICLES OF AGREEMENT. 

18 ‘‘(a) VOTES AUTHORIZED.—The United States Gov19 ernor of the Corporation is authorized to vote in favor of— 

20 ‘‘(1) a resolution to increase the authorized cap21 ital stock of the Corporation by 16,999,998 shares, to 

22 implement the conversion of a portion of the retained 

23 earnings of the Corporation into paid-in capital, 

24 which will result in the United States being issued an 

25 additional 3,771,899 shares of capital stock, without 

26 any cash contribution; 
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1 ‘‘(2) a resolution to increase the authorized cap2 ital stock of the Corporation on a general basis by 

3 4,579,995 shares; and 

4 ‘‘(3) a resolution to increase the authorized cap5 ital stock of the Corporation on a selective basis by 

6 919,998 shares. 

7 ‘‘(b) AMENDMENT OF THE ARTICLES OF AGREE8 MENT.—The United States Governor of the Corporation is 

9 authorized to agree to and accept an amendment to article 

10 II, section 2(c)(ii) of the Articles of Agreement of the Cor11 poration that would increase the vote by which the Board 

12 of Governors of the Corporation may increase the capital 

13 stock of the Corporation from a four-fifths majority to an 

14 eighty-five percent majority.’’. 

15 (3) AFRICAN DEVELOPMENT BANK.—The African 

16 Development Bank Act (22 U.S.C. 290i et seq.) is 

17 amended by adding at the end the following new sec18 tion: 

19 ‘‘SEC. 1345. SEVENTH CAPITAL INCREASE. 

20 ‘‘(a) SUBSCRIPTION AUTHORIZED.— 

21 ‘‘(1) IN GENERAL.—The United States Governor 

22 of the Bank may subscribe on behalf of the United 

23 States to 532,023 additional shares of the capital 

24 stock of the Bank. 
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1 ‘‘(2) LIMITATION.—Any subscription by the 

2 United States to the capital stock of the Bank shall 

3 be effective only to such extent and in such amounts 

4 as are provided in advance in appropriations Acts. 

5 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— 

6 ‘‘(1) IN GENERAL.—In order to pay for the in7 crease in the United States subscription to the Bank 

8 under subsection (a), there are authorized to be ap9 propriated, without fiscal year limitation, 

10 $7,286,587,008 for payment by the Secretary of the 

11 Treasury. 

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

13 to be appropriated under paragraph (1)— 

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

15 shares of the Bank; and 

16 ‘‘(B) $6,849,396,992 shall be for callable 

17 shares of the Bank.’’. 

18 (4) AFRICAN DEVELOPMENT FUND.—The African 

19 Development Fund Act (22 U.S.C. 290g et seq.) is 

20 amended by adding at the end the following new sec21 tion: 

22 ‘‘SEC. 226. FIFTEENTH REPLENISHMENT. 

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

24 Fund is authorized to contribute on behalf of the United 

25 States $513,900,000 to the fifteenth replenishment of the re-
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1 sources of the Fund, subject to obtaining the necessary ap2 propriations. 

3 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—In order 

4 to pay for the United States contribution provided for in 

5 subsection (a), there are authorized to be appropriated, 

6 without fiscal year limitation, $513,900,000 for payment 

7 by the Secretary of the Treasury.’’. 

8 (5) INTERNATIONAL MONETARY FUND AUTHOR9 IZATION FOR NEW ARRANGEMENTS TO BORROW.— 

10 (A) IN GENERAL.—Section 17 of the Bretton 

11 Woods Agreements Act (22 U.S.C. 286e–2) is 

12 amended— 

13 (i) in subsection (a)— 

14 (I) by redesignating paragraphs 

15 (3), (4), and (5) as paragraphs (4), 

16 (5), and (6), respectively; 

17 (II) by inserting after paragraph 

18 (2) the following new paragraph: 

19 ‘‘(3) In order to carry out the purposes of a one20 time decision of the Executive Directors of the Inter21 national Monetary Fund (the Fund) to expand the re22 sources of the New Arrangements to Borrow, estab23 lished pursuant to the decision of January 27, 1997, 

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

25 Treasury is authorized to make loans, in an amount 
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1 not to exceed the dollar equivalent of 28,202,470,000 

2 of Special Drawing Rights, in addition to any 

3 amounts previously authorized under this section, ex4 cept that prior to activation of the New Arrangements 

5 to Borrow, the Secretary of the Treasury shall report 

6 to Congress whether supplementary resources are 

7 needed to forestall or cope with an impairment of the 

8 international monetary system and whether the Fund 

9 has fully explored other means of funding to the 

10 Fund.’’; 

11 (III) in paragraph (5), as so re12 designated, by striking ‘‘paragraph 

13 (3)’’ and inserting ‘‘paragraph (4)’’; 

14 and 

15 (IV) in paragraph (6), as so re16 designated, by striking ‘‘December 16, 

17 2022’’ and inserting ‘‘December 31, 

18 2025’’; and 

19 (ii) in subsection (e)(1) by striking 

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

21 inserting ‘‘(a)(2), (a)(3),’’. 

22 (B) EMERGENCY DESIGNATION.—The 

23 amount provided by this paragraph is des24 ignated by the Congress as being for an emer25 gency requirement pursuant to section 
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1 251(b)(2)(A)(i) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 TITLE XII 

4 DEPARTMENT OF TRANSPORTATION 

5 OFFICE OF THE SECRETARY

6 SALARIES AND EXPENSES

7 For an additional amount for ‘‘Salaries and Ex8 penses’’, $1,753,000, to remain available until expended, to 

9 prevent, prepare for, and respond to coronavirus, including 

10 necessary expenses for operating costs and capital outlays: 

11 Provided, That such amounts are in addition to any other 

12 amounts made available for this purpose: Provided further, 

13 That obligations of amounts under this heading in this Act 

14 shall not be subject to the limitation on obligations under 

15 the heading ‘‘Office of the Secretary—Working Capital 

16 Fund’’ in division H of the Further Consolidated Appro17 priations Act, 2020 (Public Law 116–94): Provided further, 

18 That such amount is designated by the Congress as being 

19 for an emergency requirement pursuant to section 

20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 ESSENTIAL AIR SERVICE

23 In addition to funds provided to the ‘‘Payments to Air 

24 Carriers’’ program in Public Law 116–94 to carry out the 

25 essential air service program under section 41731 through 
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1 41742 of title 49, United States Code, $56,000,000, to be 

2 derived from the general fund of the Treasury, and to be 

3 made available to the Essential Air Service and Rural Im4 provement Fund, to remain available until expended, to 

5 prevent, prepare for, and respond to coronavirus: Provided, 

6 That such amount is designated by the Congress as being 

7 for an emergency requirement pursuant to section 

8 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985. 

10 FEDERAL AVIATION ADMINISTRATION

11 GRANTS-IN-AID FOR AIRPORTS

12 For an additional amount for ‘‘Grants-In-Aid for Air13 ports’’, $10,000,000,000, to prevent, prepare for, and re14 spond to coronavirus, to remain available until expended: 

15 Provided, That amounts made available under this heading 

16 in this Act shall be derived from the general fund of the 

17 Treasury: Provided further, That funds provided under this 

18 heading in this Act shall only be available to sponsors of 

19 airports defined in section 47102 of title 49, United States 

20 Code: Provided further, That funds provided under this 

21 heading in this Act shall not otherwise be subject to the re22 quirements of chapter 471 of such title: Provided further, 

23 That notwithstanding the previous proviso, section 

24 47112(b) of such title shall apply to funds provided for any 

25 contract awarded (after the date of enactment) for airport 
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1 development and funded under this heading: Provided fur2 ther, That funds provided under this heading in this Act 

3 may not be used for any purpose not directly related to 

4 the airport: Provided further, That of the amounts appro5 priated under this heading in this Act— 

6 (1) Not less than $500,000,000 shall be available 

7 to pay a Federal share of 100 percent of the costs for 

8 which a grant is made under Public Law 116–94: 

9 Provided, That any remaining funds after the appor10 tionment under this paragraph (1) shall be distrib11 uted as described in paragraph (2) under this head12 ing in this Act; 

13 (2) Not less than $7,400,000,000 shall be avail14 able for any purpose for which airport revenues may 

15 lawfully be used: Provided, That 50 percent of such 

16 funds shall be allocated among all commercial service 

17 airports based on each sponsor’s calendar year 2018 

18 enplanements as a percentage of total 2018 

19 enplanements for all commercial service airports: Pro20 vided further, That the remaining 50 percent of such 

21 funds shall be allocated among all commercial service 

22 airports based on an equal combination of each spon23 sor’s fiscal year 2018 debt service as a percentage of 

24 the combined debt service for all commercial service 

25 airports and each sponsor’s ratio of unrestricted re-
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1 serves to their respective debt service: Provided fur2 ther, That the Federal share payable of the costs for 

3 which a grant is made under this paragraph shall be 

4 100 percent: 

5 (3) Up to $2,000,000,000 shall be available for 

6 any purpose for which airport revenues may lawfully 

7 be used, and: (A) be apportioned as set forth in sec8 tion 47114(c)(1)(C)(i), 47114(c)(1)(C)(ii), or 

9 47114(c)(1)(H) of title 49, United States Code; (B) 

10 not be subject to the reduced apportionments of 49 

11 U.S.C. 47114(f); and (C) have no maximum appor12 tionment limit, notwithstanding 47114(c)(1)(C)(iii) 

13 of title 49, United States Code: Provided, That any 

14 remaining funds after the apportionment under this 

15 paragraph (3) shall be distributed as described in 

16 paragraph (2) under this heading in this Act: Pro17 vided further, That the Federal share payable of the 

18 costs for which a grant is made under this paragraph 

19 shall be 100 percent; and 

20 (4) Not less than $100,000,000 shall be for gen21 eral aviation airports for any purpose for which air22 port revenues may lawfully be used, and, which the 

23 Secretary shall apportion directly to each eligible air24 port, as defined in section 47102(8) of title 49, United 

25 States Code, based on the categories published in the 
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1 most current National Plan of Integrated Airport 

2 Systems, reflecting the percentage of the aggregate 

3 published eligible development costs for each such cat4 egory, and then dividing the allocated funds evenly 

5 among the eligible airports in each category, round6 ing up to the nearest thousand dollars: Provided, 

7 That the Federal share payable of the costs for which 

8 a grant is made under this paragraph shall be 100 

9 percent: 

10 Provided further, That the Administrator of the Federal 

11 Aviation Administration may retain up to 0.1 percent of 

12 the funds provided under this heading in this Act to fund 

13 the award and oversight by the Administrator of grants 

14 made under this heading in this Act: Provided further, That 

15 obligations of funds under this heading in this Act shall 

16 not be subject to any limitations on obligations provided 

17 in Public Law 116–94: Provided further, That all airports 

18 receiving funds under this heading in this Act shall con19 tinue to employ, through December 31, 2020, at least 90 

20 percent of the number of individuals employed (after mak21 ing adjustments for retirements or voluntary employee sepa22 rations) by the airport as of the date of enactment of this 

23 Act: Provided further, That the Secretary may waive the 

24 workforce retention requirement in the previous proviso, if 

25 the Secretary determines the airport is experiencing eco-
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1 nomic hardship as a direct result of the requirement, or 

2 the requirement reduces aviation safety or security: Pro3 vided further, That the workforce retention requirement 

4 shall not apply to nonhub airports or nonprimary airports 

5 receiving funds under this heading in this Act: Provided 

6 further, That such amount is designated by the Congress 

7 as being for an emergency requirement pursuant to section 

8 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985. 

10 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

11 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

12 Of prior year unobligated contract authority and liq13 uidating cash provided for Motor Carrier Safety in the 

14 Transportation Equity Act for the 21st Century (Public 

15 Law 105–178), SAFETEA–LU (Public Law 109–59), or 

16 other appropriations or authorization acts, in addition to 

17 amounts already appropriated in fiscal year 2020 for 

18 ‘‘Motor Carrier Safety Operations and Programs’’, 

19 $150,000 in additional obligation limitation is provided 

20 and repurposed for obligations incurred to support activi21 ties to prevent, prepare for, and respond to coronavirus. 

22 FEDERAL RAILROAD ADMINISTRATION

23 SAFETY AND OPERATIONS

24 For an additional amount for ‘‘Safety and Oper25 ations’’, $250,000, to remain available until September 30, 
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1 2021, to prevent, prepare for, and respond to coronavirus: 

2 Provided, That such amount is designated by the Congress 

3 as being for an emergency requirement pursuant to section 

4 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

5 Deficit Control Act of 1985. 

6 NORTHEAST CORRIDOR GRANTS TO THE NATIONAL

7 RAILROAD PASSENGER CORPORATION

8 (INCLUDING TRANSFER OF FUNDS)

9 For an additional amount for ‘‘Northeast Corridor 

10 Grants to the National Railroad Passenger Corporation’’, 

11 $492,000,000, to remain available until expended, to pre12 vent, prepare for, and respond to coronavirus, including to 

13 enable the Secretary of Transportation to make or amend 

14 existing grants to the National Railroad Passenger Cor15 poration for activities associated with the Northeast Cor16 ridor, as authorized by section 11101(a) of the Fixing 

17 America’s Surface Transportation Act (division A of Public 

18 Law 114–94): Provided, That amounts made available 

19 under this heading in this Act may be transferred to and 

20 merged with ‘‘National Network Grants to the National 

21 Railroad Passenger Corporation’’ to prevent, prepare for, 

22 and respond to coronavirus: Provided further, That such 

23 amount is designated by the Congress as being for an emer24 gency requirement pursuant to section 251(b)(2)(A)(i) of 
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1 the Balanced Budget and Emergency Deficit Control Act 

2 of 1985. 

3 NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD

4 PASSENGER CORPORATION

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for ‘‘National Network 

7 Grants to the National Railroad Passenger Corporation’’, 

8 $526,000,000, to remain available until expended, to pre9 vent, prepare for, and respond to coronavirus, including to 

10 enable the Secretary of Transportation to make or amend 

11 existing grants to the National Railroad Passenger Cor12 poration for activities associated with the National Network 

13 as authorized by section 11101(b) of the Fixing America’s 

14 Surface Transportation Act (division A of Public Law 114– 

15 94): Provided, That a State shall not be required to pay 

16 the National Railroad Passenger Corporation more than 80 

17 percent of the amount paid in fiscal year 2019 under sec18 tion 209 of the Passenger Rail Investment and Improve19 ment Act of 2008 (Public Law 110–432) and that not less 

20 than $239,000,000 of the amounts made available under 

21 this heading in this Act shall be made available for use in 

22 lieu of any increase in a State’s payment: Provided further, 

23 That amounts made available under this heading in this 

24 Act may be transferred to and merged with ‘‘Northeast Cor25 ridor Grants to the National Railroad Passenger Corpora-
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1 tion’’ to prevent, prepare for, and respond to coronavirus: 

2 Provided further, That such amount is designated by the 

3 Congress as being for an emergency requirement pursuant 

4 to section 251(b)(2)(A)(i) of the Balanced Budget and 

5 Emergency Deficit Control Act of 1985. 

6 FEDERAL TRANSIT ADMINISTRATION

7 TRANSIT INFRASTRUCTURE GRANTS

8 For an additional amount for ‘‘Transit Infrastructure 

9 Grants’’, $25,000,000,000, to remain available until ex10 pended, to prevent, prepare for, and respond to coronavirus: 

11 Provided, That the Secretary of Transportation shall pro12 vide funds appropriated under this heading in this Act as 

13 if such funds were provided under section 5307 of title 49, 

14 United States Code, and section 5311 of title 49, United 

15 States Code and apportion such funds in accordance with 

16 section 5336 of such title (other than subsections (h)(1) and 

17 (h)(4)), section 5311 (other than subsection (b)(3) and 

18 (c)(1)(A)), section 5337 and section 5340 of title 49, United 

19 States Code, and apportion such funds in accordance with 

20 such sections except that funds apportioned under section 

21 5337 shall be added to funds apportioned under 5307 for 

22 administration under 5307: Provided further, That the Sec23 retary shall allocate the amounts provided in the preceding 

24 proviso under sections 5307, 5311, 5337, and 5340 of title 

25 49, United States Code, among such sections in the same 
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1 ratio as funds were provided in the fiscal year 2020 appro2 priations: Provided further, That funds apportioned under 

3 this heading in this Act shall be apportioned not later than 

4 7 days after the date of enactment of this Act: Provided 

5 further, That funds shall be apportioned using the fiscal 

6 year 2020 apportionment formulas: Provided further, That 

7 not more than three-quarters of 1 percent, but not to exceed 

8 $75,000,000, of the funds for transit infrastructure grants 

9 provided under this heading in this Act shall be available 

10 for administrative expenses and ongoing program manage11 ment oversight as authorized under sections 5334 and 

12 5338(f)(2) of title 49, United States Code, and shall be in 

13 addition to any other appropriations for such purpose: Pro14 vided further, That notwithstanding subsection (a)(1) or (b) 

15 of section 5307 of title 49, United States Code, funds pro16 vided under this heading are available for the operating ex17 penses of transit agencies related to the response to a 

18 coronavirus public health emergency as described in section 

19 319 of the Public Health Service Act, including, beginning 

20 on January 20, 2020, reimbursement for operating costs to 

21 maintain service and lost revenue due to the coronavirus 

22 public health emergency, including the purchase of personal 

23 protective equipment, and paying the administrative leave 

24 of operations personnel due to reductions in service: Pro25 vided further, That such operating expenses are not required 
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1 to be included in a transportation improvement program, 

2 long-range transportation, statewide transportation plan, 

3 or a statewide transportation improvement program: Pro4 vided further, That the Secretary shall not waive the re5 quirements of section 5333 of title 49, United States Code, 

6 for funds appropriated under this heading in this Act or 

7 for funds previously made available under section 5307 of 

8 title 49, United States Code, or sections 5311, 5337, or 5340 

9 of such title as a result of the coronavirus: Provided further, 

10 That unless otherwise specified, applicable requirements 

11 under chapter 53 of title 49, United States Code, shall 

12 apply to funding made available under this heading in this 

13 Act, except that the Federal share of the costs for which any 

14 grant is made under this heading in this Act shall be, at 

15 the option of the recipient, up to 100 percent: Provided fur16 ther, That the amount made available under this heading 

17 in this Act shall be derived from the general fund and shall 

18 not be subject to any limitation on obligations for transit 

19 programs set forth in any Act: Provided further, That such 

20 amount is designated by the Congress as being for an emer21 gency requirement pursuant to section 251(b)(2)(A)(i) of 

22 the Balanced Budget and Emergency Deficit Control Act 

23 of 1985. 
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1 MARITIME ADMINISTRATION

2 OPERATIONS AND TRAINING

3 For an additional amount for ‘‘Operations and Train4 ing’’, $3,134,000, to remain available until September 30, 

5 2021, to prevent, prepare for, and respond to coronavirus: 

6 Provided, That of the amounts made available under this 

7 heading in this Act, $1,000,000 shall be for the operations 

8 of the United States Merchant Marine Academy: Provided 

9 further, That such amount is designated by the Congress 

10 as being for an emergency requirement pursuant to section 

11 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985. 

13 STATE MARITIME ACADEMY OPERATIONS

14 For an additional amount for ‘‘State Maritime Acad15 emy Operations’’, $1,000,000, to remain available until 

16 September 30, 2021, to prevent, prepare for, and respond 

17 to coronavirus: Provided, That amounts made available 

18 under this heading in this Act shall be for direct payments 

19 for State Maritime Academies: Provided further, That such 

20 amount is designated by the Congress as being for an emer21 gency requirement pursuant to section 251(b)(2)(A)(i) of 

22 the Balanced Budget and Emergency Deficit Control Act 

23 of 1985. 
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1 OFFICE OF INSPECTOR GENERAL

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Office of Inspector 

4 General’’, $5,000,000, to remain available until expended, 

5 to prevent, prepare for, and respond to coronavirus: Pro6 vided, That the funding made available under this heading 

7 in this Act shall be used for conducting audits and inves8 tigations of projects and activities carried out with funds 

9 made available in this Act to the Department of Transpor10 tation to prevent, prepare for, and respond to coronavirus: 

11 Provided further, That such amount is designated by the 

12 Congress as being for an emergency requirement pursuant 

13 to section 251(b)(2)(A)(i) of the Balanced Budget and 

14 Emergency Deficit Control Act of 1985. 

15 DEPARTMENT OF HOUSING AND URBAN 

16 DEVELOPMENT 

17 MANAGEMENT AND ADMINISTRATION

18 ADMINISTRATIVE SUPPORT OFFICES

19 For an additional amount for ‘‘Administrative Sup20 port Offices’’, $35,000,000, to remain available until Sep21 tember 30, 2021, to prevent, prepare for, and respond to 

22 coronavirus, for the Office of the Chief Financial Officer, 

23 including for Department-wide salaries and expenses, In24 formation Technology purposes, and to support the Depart25 ment’s workforce in a telework environment: Provided, That 
817 

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1 the amounts provided under this heading in this Act shall 

2 be in addition to amounts otherwise available for such pur3 poses, including amounts made available under the heading 

4 ‘‘Program Offices’’ in this Act: Provided further, That such 

5 amount is designated by the Congress as being for an emer6 gency requirement pursuant to section 251(b)(2)(A)(i) of 

7 the Balanced Budget and Emergency Deficit Control Act 

8 of 1985. 

9 PROGRAM OFFICES

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

11 $15,000,000, to remain available until September 30, 2021, 

12 to prevent, prepare for, and respond to coronavirus: Pro13 vided, That of the sums appropriated under this heading 

14 in this Act— 

15 (1) $5,000,000 shall be available for the Office of 

16 Public and Indian Housing; and 

17 (2) $10,000,000 shall be available for the Office 

18 of Community Planning and Development: 

19 Provided further, That such amount is designated by the 

20 Congress as being for an emergency requirement pursuant 

21 to section 251(b)(2)(A)(i) of the Balanced Budget and 

22 Emergency Deficit Control Act of 1985. 
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1 PUBLIC AND INDIAN HOUSING

2 TENANT-BASED RENTAL ASSISTANCE

3 For an additional amount for ‘‘Tenant-Based Rental 

4 Assistance’’, $1,250,000,000, to remain available until ex5 pended, to prevent, prepare for, and respond to coronavirus, 

6 including to provide additional funds for public housing 

7 agencies to maintain normal operations and take other nec8 essary actions during the period that the program is im9 pacted by coronavirus: Provided, That of the amounts made 

10 available under this heading in this Act, $850,000,000 shall 

11 be available for both administrative expenses and other ex12 penses of public housing agencies for their section 8 pro13 grams, including Mainstream vouchers: Provided further, 

14 That such other expenses shall be new eligible activities to 

15 be defined by the Secretary and shall include activities to 

16 support or maintain the health and safety of assisted indi17 viduals and families, and costs related to retention and sup18 port of participating owners: Provided further, That 

19 amounts made available under paragraph (3) under this 

20 heading in Public Law 116–94 may be used for such other 

21 expenses, as described in the previous proviso, in addition 

22 to their other available uses: Provided further, That of the 

23 amounts made available under this heading in this Act, 

24 $400,000,000 shall be available for adjustments in the cal25 endar year 2020 section 8 renewal funding allocations, in 
819 

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1 addition to any other appropriations available for such 

2 purpose, including Mainstream vouchers, for public housing 

3 agencies that experience a significant increase in voucher 

4 per-unit costs due to extraordinary circumstances or that, 

5 despite taking reasonable cost savings measures, as deter6 mined by the Secretary, would otherwise be required to ter7 minate rental assistance for families as a result of insuffi8 cient funding: Provided further, That the Secretary shall 

9 allocate amounts provided in the previous proviso based on 

10 need, as determined by the Secretary: Provided further, 

11 That the Secretary may waive, or specify alternative re12 quirements for, any provision of any statute or regulation 

13 that the Secretary administers in connection with the use 

14 of the amounts made available under this heading and the 

15 same heading of Public Law 116–94 (except for require16 ments related to fair housing, nondiscrimination, labor 

17 standards, and the environment), upon a finding by the 

18 Secretary that any such waivers or alternative requirements 

19 are necessary for the safe and effective administration of 

20 these funds, consistent with the purposes described under 

21 this heading in this Act, to prevent, prepare for, and re22 spond to coronavirus: Provided further, That the Secretary 

23 shall notify the public through the Federal Register or other 

24 appropriate means of any such waiver or alternative re25 quirement to ensure the most expeditious allocation of this 
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† HR 748 EAS 

1 funding, and in order for such waiver or alternative re2 quirement to take effect, and that such public notice may 

3 be provided, at a minimum, on the Internet at the appro4 priate Government web site or through other electronic 

5 media, as determined by the Secretary: Provided further, 

6 That any such waivers or alternative requirements shall re7 main in effect for the time and duration specified by the 

8 Secretary in such public notice and may be extended if nec9 essary upon additional notice by the Secretary: Provided 

10 further, That to prevent, prepare for, and respond to 

11 coronavirus, the notification required by section 223 of Pub12 lic Law 116–6 and section 221 of Public Law 116–94 shall 

13 not apply to the award of amounts provided under para14 graph (2) of this heading in Public Law 116–6 or under 

15 paragraph (7)(B) of this heading in Public Law 116–94 

16 in support of the family unification program under section 

17 8(x) of such Act: Provided further, That the Secretary may 

18 award any remaining unobligated balances appropriated 

19 under this heading in prior Acts for incremental tenant20 based assistance contracts under section 811 of the Cran21 ston-Gonzalez National Affordable Housing Act (42 U.S.C. 

22 8013), to prevent, prepare for, and respond to coronavirus, 

23 without competition, including for extraordinary adminis24 trative fees: Provided further, That no less than 25 percent 

25 of such amounts shall be allocated proportionally to public 
821 

† HR 748 EAS 

1 housing agencies who received awards in the 2017 and 2019 

2 competitions for such purposes within 60 days of enactment 

3 of this Act: Provided further, That the waiver and alter4 native requirements authority provided under this heading 

5 in this Act shall also apply to such incremental tenant6 based assistance contract amounts: Provided further, That 

7 such amount is designated by the Congress as being for an 

8 emergency requirement pursuant to section 251(b)(2)(A)(i) 

9 of the Balanced Budget and Emergency Deficit Control Act 

10 of 1985. 

11 PUBLIC HOUSING OPERATING FUND

12 For an additional amount for ‘‘Public Housing Oper13 ating Fund’’, as authorized by section 9(e) of the United 

14 States Housing Act of 1937 (42 U.S.C. 1437g(e)), 

15 $685,000,000, to remain available until September 30, 

16 2021, to prevent, prepare for, and respond to coronavirus, 

17 including to provide additional funds for public housing 

18 agencies to maintain normal operations and take other nec19 essary actions during the period that the program is im20 pacted by coronavirus: Provided, That the amount provided 

21 under this heading in this Act shall be combined with the 

22 amount appropriated for the same purpose under the same 

23 heading of Public Law 116–94, and distributed to all public 

24 housing agencies pursuant to the Operating Fund formula 

25 at part 990 of title 24, Code of Federal Regulations: Pro-
822 

† HR 748 EAS 

1 vided further, That for the period from the enactment of 

2 this Act through December 31, 2020, such combined total 

3 amount may be used for eligible activities under subsections 

4 (d)(1) and (e)(1) of such section 9 and for other expenses 

5 related to preventing, preparing for, and responding to 

6 coronavirus, including activities to support or maintain the 

7 health and safety of assisted individuals and families, and 

8 activities to support education and child care for impacted 

9 families: Provided further, That amounts made available 

10 under the headings ‘‘Public Housing Operating Fund’’ and 

11 ‘‘Public Housing Capital Fund’’ in prior Acts, except for 

12 any set-asides listed under such headings, may be used for 

13 all of the purposes described in the previous proviso: Pro14 vided further, That the expanded uses and funding flexibili15 ties described in the previous two provisos shall be available 

16 to all public housing agencies through December 31, 2020, 

17 except that the Secretary may extend the period under 

18 which such flexibilities shall be available in additional 12 

19 month increments upon a finding that individuals and 

20 families assisted by the public housing program continue 

21 to require expanded services due to coronavirus: Provided 

22 further, That the Secretary may waive, or specify alter23 native requirements for, any provision of any statute or 

24 regulation that the Secretary administers in connection 

25 with the use of such combined total amount or funds made 
823 

† HR 748 EAS 

1 available under the headings ‘‘Public Housing Operating 

2 Fund’’ and ‘‘Public Housing Capital Fund’’ in prior Acts 

3 (except for requirements related to fair housing, non4 discrimination, labor standards, and the environment), 

5 upon a finding by the Secretary that any such waivers or 

6 alternative requirements are necessary for the safe and effec7 tive administration of these funds to prevent, prepare for, 

8 and respond to coronavirus: Provided further, That the Sec9 retary shall notify the public through the Federal Register 

10 or other appropriate means of any such waiver or alter11 native requirement, to ensure the most expeditious alloca12 tion of this funding, in order for such waiver or alternative 

13 requirement to take effect, and that such public notice may 

14 be provided, at a minimum, on the Internet at the appro15 priate Government web site or through other electronic 

16 media, as determined by the Secretary: Provided further, 

17 That any such waivers or alternative requirements shall re18 main in effect for the time and duration specified by the 

19 Secretary in such public notice and may be extended if nec20 essary upon additional notice by the Secretary: Provided 

21 further, That such amount is designated by the Congress 

22 as being for an emergency requirement pursuant to section 

23 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985. 
824 

† HR 748 EAS 

1 NATIVE AMERICAN PROGRAMS

2 For an additional amount for ‘‘Native American Pro3 grams’’, $300,000,000, to remain available until September 

4 30, 2024, to prevent, prepare for, and respond to 

5 coronavirus, for activities and assistance authorized under 

6 title I of the Native American Housing Assistance and Self7 Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 

8 et seq.), and under title I of the Housing and Community 

9 Development Act of 1974 with respect to Indian tribes (42 

10 U.S.C. 5306(a)(1)): Provided, That the amounts made 

11 available under this heading in this Act are as follows: 

12 (1) No less than $200,000,000 shall be available 

13 for the Native American Housing Block Grants pro14 gram, as authorized under title I of NAHASDA: Pro15 vided, That amounts made available under this para16 graph shall be distributed according to the same fund17 ing formula used in fiscal year 2020: Provided fur18 ther, That such amounts shall be used by recipients 

19 to prevent, prepare for, and respond to coronavirus, 

20 including to maintain normal operations and fund 

21 eligible affordable housing activities under 

22 NAHASDA during the period that the program is 

23 impacted by coronavirus: Provided further, That 

24 amounts provided under this heading in this Act may 

25 be used to cover or reimburse allowable costs to pre-
825 

† HR 748 EAS 

1 vent, prepare for, and respond to coronavirus that are 

2 incurred by a recipient, including for costs incurred 

3 prior to the date of enactment of this Act: Provided 

4 further, That the Secretary may waive, or specify al5 ternative requirements for, any provision of any stat6 ute or regulation that the Secretary administers in 

7 connection with the use of amounts made available 

8 under this paragraph or under the same paragraph 

9 in Public Law 116–94 (except for requirements re10 lated to fair housing, nondiscrimination, labor stand11 ards, and the environment), upon a finding by the 

12 Secretary that any such waivers or alternative re13 quirements are necessary to expedite or facilitate the 

14 use of such amounts to prevent, prepare for, and re15 spond to coronavirus: Provided further, That any 

16 such waivers shall be deemed to be effective as of the 

17 date an Indian tribe or tribally designated housing 

18 entity began preparing for coronavirus and shall 

19 apply to the amounts made available under this 

20 paragraph and to the previously appropriated 

21 amounts described in the previous proviso; and 

22 (2) Up to $100,000,000 shall be available for 

23 grants to Indian tribes under the Indian Community 

24 Development Block Grant program under title I of the 

25 Housing and Community Development Act of 1974, 
826 

† HR 748 EAS 

1 notwithstanding section 106(a)(1) of such Act, to pre2 vent, prepare for, and respond to coronavirus, for 

3 emergencies that constitute imminent threats to health 

4 and safety: Provided, That the Secretary shall 

5 prioritize, without competition, allocations of these 

6 amounts for activities and projects designed to pre7 vent, prepare for, and respond to coronavirus: Pro8 vided further, That not to exceed 20 percent of any 

9 grant made with funds appropriated under this para10 graph shall be expended for planning and manage11 ment development and administration: Provided fur12 ther, That amounts provided under this heading in 

13 this Act may be used to cover or reimburse allowable 

14 costs to prevent, prepare for, and respond to 

15 coronavirus incurred by a recipient, including for 

16 costs incurred prior to the date of enactment of this 

17 Act: Provided further, That, notwithstanding section 

18 105(a)(8) of such Act (42 U.S.C. 5305(a)(8)), there 

19 shall be no per centum limitation for the use of funds 

20 for public services activities to prevent, prepare for, 

21 and respond to coronavirus: Provided further, That 

22 the previous proviso shall apply to all such activities 

23 for grants of funds made available under this para24 graph or under paragraph (4) of this heading in Pub25 lic Law 116–94: Provided further, That the Secretary 
827 

† HR 748 EAS 

1 may waive, or specify alternative requirements for, 

2 any provision of any statute or regulation that the 

3 Secretary administers in connection with the use of 

4 amounts made available under this paragraph or 

5 under paragraph (4) in Public Law 116–94 (except 

6 for requirements related to fair housing, non7 discrimination, labor standards, and the environ8 ment), upon a finding by the Secretary that any such 

9 waivers or alternative requirements are necessary to 

10 expedite or facilitate the use of such amounts to pre11 vent, prepare for, and respond to coronavirus: Pro12 vided further, That any such waivers shall be deemed 

13 to be effective as of the date an Indian tribe began 

14 preparing for coronavirus and shall apply to the 

15 amounts made available under this paragraph and to 

16 the previously appropriated amounts described in the 

17 previous proviso: 

18 Provided further, That such amount is designated by the 

19 Congress as being for an emergency requirement pursuant 

20 to section 251(b)(2)(A)(i) of the Balanced Budget and 

21 Emergency Deficit Control Act of 1985. 

22 COMMUNITY PLANNING AND DEVELOPMENT

23 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

24 For an additional amount for carrying out the ‘‘Hous25 ing Opportunities for Persons with AIDS’’ program, as au-
828 

† HR 748 EAS 

1 thorized by the AIDS Housing Opportunity Act (42 U.S.C. 

2 12901 et seq.), $65,000,000, to remain available until Sep3 tember 30, 2021, except that amounts allocated pursuant 

4 to section 854(c)(5) of such Act shall remain available until 

5 September 30, 2022, to provide additional funds to main6 tain operations and for rental assistance, supportive serv7 ices, and other necessary actions, in order to prevent, pre8 pare for, and respond to coronavirus: Provided, That not 

9 less than $50,000,000 of the amount provided under this 

10 heading in this Act shall be allocated pursuant to the for11 mula in section 854 of such Act using the same data ele12 ments as utilized pursuant to that same formula in fiscal 

13 year 2020: Provided further, That up to $10,000,000 of the 

14 amount provided under this heading in this Act shall be 

15 to provide an additional one-time, non-renewable award to 

16 grantees currently administering existing contracts for per17 manent supportive housing that initially were funded 

18 under section 854(c)(5) of such Act from funds made avail19 able under this heading in fiscal year 2010 and prior years: 

20 Provided further, That such awards shall be made propor21 tionally to their existing grants: Provided further, That 

22 such awards are not required to be spent on permanent sup23 portive housing: Provided further, That, notwithstanding 

24 section 859(b)(3)(B) of such Act, housing payment assist25 ance for rent, mortgage, or utilities payments may be pro-
829 

† HR 748 EAS 

1 vided for a period of up to 24 months: Provided further, 

2 That, to protect persons who are living with HIV/AIDS, 

3 such amounts provided under this heading in this Act may 

4 be used to self-isolate, quarantine, or to provide other 

5 coronavirus infection control services as recommended by 

6 the Centers for Disease Control and Prevention for house7 hold members not living with HIV/AIDS: Provided further, 

8 That such amounts may be used to provide relocation serv9 ices, including to provide lodging at hotels, motels, or other 

10 locations, for persons living with HIV/AIDS and household 

11 members not living with HIV/AIDS: Provided further, 

12 That, notwithstanding section 856(g) of such Act (42 U.S.C. 

13 12905(g)), a grantee may use up to 6 percent of its award 

14 under this Act for administrative purposes, and a project 

15 sponsor may use up to 10 percent of its sub-award under 

16 this Act for administrative purposes: Provided further, That 

17 such amounts provided under this heading in this Act may 

18 be used to cover or reimburse allowable costs consistent with 

19 the purposes of this heading incurred by a grantee or project 

20 sponsor regardless of the date on which such costs were in21 curred: Provided further, That any regulatory waivers the 

22 Secretary may issue may be deemed to be effective as of 

23 the date a grantee began preparing for coronavirus: Pro24 vided further, That any additional activities or authorities 

25 authorized pursuant to this Act may also apply at the dis-
830 

† HR 748 EAS 

1 cretion and upon notice of the Secretary to all amounts 

2 made available under this same heading in Public Law 

3 116–94 if such amounts are used by grantees for the pur4 poses described under this heading: Provided further, That 

5 up to 2 percent of amounts made available under this head6 ing in this Act may be used, without competition, to in7 crease prior awards made to existing technical assistance 

8 providers to provide an immediate increase in capacity 

9 building and technical assistance available to grantees 

10 under this heading and under the same heading in prior 

11 Acts: Provided further, That such amount is designated by 

12 the Congress as being for an emergency requirement pursu13 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

14 Emergency Deficit Control Act of 1985. 

15 COMMUNITY DEVELOPMENT FUND

16 For an additional amount for ‘‘Community Develop17 ment Fund’’, $5,000,000,000, to remain available until 

18 September 30, 2022, to prevent, prepare for, and respond 

19 to coronavirus: Provided, That up to $2,000,000,000 of the 

20 amount made available under this heading in this Act shall 

21 be distributed pursuant to section 106 of the Housing and 

22 Community Development Act of 1974 (42 U.S.C. 5306) to 

23 grantees that received allocations pursuant to that same for24 mula in fiscal year 2020, and that such allocations shall 

25 be made within 30 days of enactment of this Act: Provided 
831 

† HR 748 EAS 

1 further, That, in addition to amounts allocated pursuant 

2 to the preceding proviso, an additional $1,000,000,000 shall 

3 be allocated directly to States and insular areas, as defined 

4 by 42 U.S.C. 5302(a), to prevent, prepare for, and respond 

5 to coronavirus within the State or insular area, including 

6 activities within entitlement and nonentitlement commu7 nities, based on public health needs, risk of transmission 

8 of coronavirus, number of coronavirus cases compared to 

9 the national average, and economic and housing market 

10 disruptions, and other factors, as determined by the Sec11 retary, using best available data and that such allocations 

12 shall be made within 45 days of enactment of this Act: Pro13 vided further, That remaining amounts shall be distributed 

14 directly to the State or unit of general local government, 

15 at the discretion of the Secretary, according to a formula 

16 based on factors to be determined by the Secretary, 

17 prioritizing risk of transmission of coronavirus, number of 

18 coronavirus cases compared to the national average, and 

19 economic and housing market disruptions resulting from 

20 coronavirus: Provided further, That such allocations may 

21 be made on a rolling basis based on the best available data 

22 at the time of allocation: Provided further, That amounts 

23 made available in the preceding provisos may be used to 

24 cover or reimburse allowable costs consistent with the pur25 poses of this heading in this Act incurred by a State or 
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1 locality regardless of the date on which such costs were in2 curred: Provided further, That section 116(b) of such Act 

3 (42 U.S.C. 5316(b)) and any implementing regulations, 

4 which requires grantees to submit their final statements of 

5 activities no later than August 16 of a given fiscal year, 

6 shall not apply to final statements submitted in accordance 

7 with sections 104(a)(2) and (a)(3) of such Act (42 U.S.C. 

8 5304(a)(2) and (a)(3)) and comprehensive housing afford9 ability strategies submitted in accordance with section 105 

10 of the Cranston-Gonzalez National Affordable Housing Act 

11 (42 U.S.C. 12705) for fiscal years 2019 and 2020: Provided 

12 further, That such final statements and comprehensive 

13 housing affordability strategies shall instead be submitted 

14 no later than August 16, 2021: Provided further, That the 

15 Secretary may waive, or specify alternative requirements 

16 for, any provision of any statute or regulation that the Sec17 retary administers in connection with the use of amounts 

18 made available under this heading in this Act and under 

19 the same heading in Public Law 116–94 and Public Law 

20 116–6 (except for requirements related to fair housing, non21 discrimination, labor standards, and the environment), 

22 upon a finding by the Secretary that any such waivers or 

23 alternative requirements are necessary to expedite or facili24 tate the use of such amounts to prevent, prepare for, and 

25 respond to coronavirus: Provided further, That up to 
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1 $10,000,000 of amounts made available under this heading 

2 in this Act may be used to make new awards or increase 

3 prior awards to existing technical assistance providers, 

4 without competition, to provide an immediate increase in 

5 capacity building and technical assistance to support the 

6 use of amounts made available under this heading in this 

7 Act and under the same heading in prior Acts to prevent, 

8 prepare for, and respond to coronavirus: Provided further, 

9 That, notwithstanding sections 104(a)(2), (a)(3), and (c) of 

10 the Housing and Community Development Act of 1974 (42 

11 U.S.C. 5304(a)(2), (a)(3), and (c)) and section 105 of the 

12 Cranston-Gonzalez National Affordable Housing Act (42 

13 U.S.C. 12705), a grantee may adopt and utilize expedited 

14 procedures to prepare, propose, modify, or amend its state15 ment of activities for grants from amounts made available 

16 under this heading in this Act and under the same heading 

17 in Public Law 116–94 and Public Law 116–6: Provided 

18 further, That under such expedited procedures, the grantee 

19 need not hold in-person public hearings, but shall provide 

20 citizens with notice and a reasonable opportunity to com21 ment of no less than 5 days: Provided further, That, for 

22 as long as national or local health authorities recommend 

23 social distancing and limiting public gatherings for public 

24 health reasons, a grantee may create virtual public hearings 

25 to fulfill applicable public hearing requirements for all 
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1 grants from funds made available under this heading in 

2 this Act and under the same heading in Public Law 116– 

3 94 and Public Law 116–6: Provided further, That any such 

4 virtual hearings shall provide reasonable notification and 

5 access for citizens in accordance with the grantee’s certifi6 cations, timely responses from local officials to all citizen 

7 questions and issues, and public access to all questions and 

8 responses: Provided further, That, notwithstanding section 

9 105(a)(8) of the Housing and Community Development Act 

10 of 1974 (42 U.S.C. 5305(a)(8)), there shall be no per centum 

11 limitation for the use of funds for public services activities 

12 to prevent, prepare for, and respond to coronavirus: Pro13 vided further, That the previous proviso shall apply to all 

14 such activities for grants of funds made available under this 

15 heading in this Act and under the same heading in Public 

16 Law 116–94 and Public Law 116–6: Provided further, That 

17 the Secretary shall ensure there are adequate procedures in 

18 place to prevent any duplication of benefits as required by 

19 section 312 of the Robert T. Stafford Disaster Relief and 

20 Emergency Assistance Act (42 U.S.C. 5155) and in accord21 ance with section 1210 of the Disaster Recovery Reform Act 

22 of 2018 (division D of Public Law 115–254; 132 Stat. 

23 3442), which amended section 312 of the Robert T. Stafford 

24 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

25 5155): Provided further, That such amount is designated 
835 

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1 by the Congress as being for an emergency requirement pur2 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

3 Emergency Deficit Control Act of 1985. 

4 HOMELESS ASSISTANCE GRANTS

5 For an additional amount for ‘‘Homeless Assistance 

6 Grants’’, $4,000,000,000, to remain available until Sep7 tember 30, 2022, to prevent, prepare for, and respond to 

8 coronavirus, among individuals and families who are home9 less or receiving homeless assistance and to support addi10 tional homeless assistance and homelessness prevention ac11 tivities to mitigate the impacts created by coronavirus 

12 under the Emergency Solutions Grants program as author13 ized under subtitle B of title IV of the McKinney-Vento 

14 Homeless Assistance Act (42 U.S.C. 11371 et seq.), as 

15 amended: Provided, That up to $2,000,000,000 of the 

16 amount appropriated under this heading in this Act shall 

17 be distributed pursuant to 24 CFR 576.3 to grantees that 

18 received allocations pursuant to that same formula in fiscal 

19 year 2020, and that such allocations shall be made within 

20 30 days of enactment of this Act: Provided further, That, 

21 remaining amounts shall be allocated directly to a State 

22 or unit of general local government by a formula to be devel23 oped by the Secretary and that such allocations shall be 

24 made within 90 days of enactment of this Act: Provided 

25 further, That such formula shall allocate such amounts for 
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1 the benefit of unsheltered homeless, sheltered homeless, and 

2 those at risk of homelessness, to geographical areas with the 

3 greatest need based on factors to be determined by the Sec4 retary, such as risk of transmission of coronavirus, high 

5 numbers or rates of sheltered and unsheltered homeless, and 

6 economic and housing market conditions as determined by 

7 the Secretary: Provided further, That individuals and fami8 lies whose income does not exceed the Very Low-Income 

9 Limit of the area, as determined by the Secretary, shall be 

10 considered ‘‘at risk of homelessness’’ and shall be eligible 

11 for homelessness prevention if they meet the criteria in sec12 tion 401(1)(B) and (C) of such Act (42 U.S.C. 11360(1)(B) 

13 and (C)): Provided further, That amounts provided under 

14 this heading in this Act may be used to cover or reimburse 

15 allowable costs to prevent, prepare for, and respond to 

16 coronavirus that are incurred by a State or locality, includ17 ing for costs incurred prior to the date of enactment of this 

18 Act: Provided further, That recipients may deviate from ap19 plicable procurement standards when procuring goods and 

20 services to prevent, prepare for, and respond to coronavirus: 

21 Provided further, That a recipient may use up to 10 percent 

22 of its allocation for administrative purposes: Provided fur23 ther, That the use of amounts provided under this heading 

24 in this Act shall not be subject to the consultation, citizen 

25 participation, or match requirements that otherwise apply 
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1 to the Emergency Solutions Grants program, except that 

2 a recipient must publish how it has and will utilize its allo3 cation, at a minimum, on the Internet at the appropriate 

4 Government web site or through other electronic media: Pro5 vided further, That the spending cap established pursuant 

6 to section 415(b) of such Act (42 U.S.C. 11374) shall not 

7 apply to amounts provided under this heading in this Act: 

8 Provided further, That amounts provided under this head9 ing in this Act may be used to provide temporary emer10 gency shelters (through leasing of existing property, tem11 porary structures, or other means) to prevent, prepare for, 

12 and respond to coronavirus, and that such temporary emer13 gency shelters shall not be subject to the minimum periods 

14 of use required by section 416(c)(1) of such Act (42 U.S.C. 

15 11375(c)(1)): Provided further, That Federal habitability 

16 and environmental review standards and requirements 

17 shall not apply to the use of such amounts for those tem18 porary emergency shelters that have been determined by 

19 State or local health officials to be necessary to prevent, pre20 pare for, and respond to coronavirus: Provided further, 

21 That amounts provided under this heading in this Act may 

22 be used for training on infectious disease prevention and 

23 mitigation and to provide hazard pay, including for time 

24 worked prior to the date of enactment of this Act, for staff 

25 working directly to prevent, prepare for, and respond to 
838 

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1 coronavirus among persons who are homeless or at risk of 

2 homelessness, and that such activities shall not be consid3 ered administrative costs for purposes of the 10 percent cap: 

4 Provided further, That in administering the amounts made 

5 available under this heading in this Act, the Secretary may 

6 waive, or specify alternative requirements for, any provi7 sion of any statute or regulation that the Secretary admin8 isters in connection with the obligation by the Secretary 

9 or the use by the recipient of these amounts (except for re10 quirements related to fair housing, nondiscrimination, 

11 labor standards, and the environment unless otherwise pro12 vided under this paragraph), if the Secretary finds that 

13 good cause exists for the waiver or alternative requirement 

14 and such waiver or alternative requirement is necessary to 

15 prevent, prepare for, and respond to coronavirus: Provided 

16 further, That any such waivers shall be deemed to be effec17 tive as of the date a State or unit of local government began 

18 preparing for coronavirus and shall apply to the use of 

19 amounts provided under this heading in this Act and 

20 amounts provided under the same heading for the Emer21 gency Solutions Grant program in prior Acts used by re22 cipients to prevent, prepare for, and respond to coronavirus: 

23 Provided further, That the Secretary shall notify the public 

24 through the Federal Register or other appropriate means 

25 of any such waiver or alternative requirement, and that 
839 

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1 such public notice may be provided, at a minimum, on the 

2 Internet at the appropriate Government web site or through 

3 other electronic media, as determined by the Secretary: Pro4 vided further, That any additional activities or authorities 

5 authorized pursuant to this Act, including any waivers and 

6 alternative requirements established by the Secretary pursu7 ant to this Act, may also apply at the discretion and upon 

8 notice of the Secretary with respect to all amounts made 

9 available for the Emergency Solutions Grants program 

10 under the heading ‘‘Homeless Assistance Grants’’ in any 

11 prior Act and used by recipients to prevent, prepare for, 

12 and respond to coronavirus: Provided further, That up to 

13 1 percent of amounts made available under this heading 

14 in this Act may be used to make new awards or increase 

15 prior awards made to existing technical assistance pro16 viders with experience in providing health care services to 

17 homeless populations, without competition, to provide an 

18 immediate increase in capacity building and technical as19 sistance available to recipients of amounts for the Emer20 gency Solutions Grants program under this heading in this 

21 Act and under the same heading in prior Acts: Provided 

22 further, That none of the funds provided under this heading 

23 in this Act may be used to require people experiencing 

24 homelessness to receive treatment or perform any other pre25 requisite activities as a condition for receiving shelter, hous-
840 

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1 ing, or other services: Provided further, That such amount 

2 is designated by the Congress as being for an emergency 

3 requirement pursuant to section 251(b)(2)(A)(i) of the Bal4 anced Budget and Emergency Deficit Control Act of 1985. 

5 HOUSING PROGRAMS

6 PROJECT-BASED RENTAL ASSISTANCE

7 For an additional amount for ‘‘Project-Based Rental 

8 Assistance’’, $1,000,000,000, to remain available until ex9 pended, to prevent, prepare for, and respond to coronavirus, 

10 including to provide additional funds to maintain normal 

11 operations and take other necessary actions during the pe12 riod that the program is impacted by coronavirus, for as13 sistance to owners or sponsors of properties receiving 

14 project-based assistance pursuant to section 8 of the United 

15 States Housing Act of 1937 (42 U.S.C. 1437f et seq.): Pro16 vided, That the Secretary may waive, or specify alternative 

17 requirements for, any provision of any statute or regulation 

18 that the Secretary administers in connection with the use 

19 of amounts made available under this heading in this Act 

20 (except for requirements related to fair housing, non21 discrimination, labor standards, and the environment), 

22 upon a finding by the Secretary that any such waivers or 

23 alternative requirements are necessary to expedite or facili24 tate the use of such amounts to prevent, prepare for, and 

25 respond to coronavirus, and such waiver or alternative re-
841 

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1 quirement is consistent with the purposes described under 

2 this heading in this Act: Provided further, That the Sec3 retary shall notify the public through the Federal Register 

4 or other appropriate means of any such waiver or alter5 native requirement in order for such waiver or alternative 

6 requirement to take effect, and that such public notice may 

7 be provided, at a minimum, on the Internet at the appro8 priate Government web site or through other electronic 

9 media, as determined by the Secretary: Provided further, 

10 That such amount is designated by the Congress as being 

11 for an emergency requirement pursuant to section 

12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985. 

14 HOUSING FOR THE ELDERLY

15 For an additional amount for ‘‘Housing for the Elder16 ly’’, $50,000,000, to remain available until September 30, 

17 2023, to prevent, prepare for, and respond to coronavirus, 

18 including to provide additional funds to maintain normal 

19 operations and take other necessary actions during the pe20 riod that the program is impacted by coronavirus, for as21 sistance to owners or sponsors of properties receiving 

22 project-based assistance pursuant to section 202 of the 

23 Housing Act of 1959 (12 U.S.C. 1701q), as amended: Pro24 vided, That of the amount provided under this heading in 

25 this Act, up to $10,000,000 shall be for service coordinators 
842 

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1 and the continuation of existing congregate service grants 

2 for residents of assisted housing projects: Provided further, 

3 That the Secretary may waive, or specify alternative re4 quirements for, any provision of any statute or regulation 

5 that the Secretary administers in connection with the use 

6 of amounts made available under this heading in this Act 

7 (except for requirements related to fair housing, non8 discrimination, labor standards, and the environment), 

9 upon a finding by the Secretary that any such waivers or 

10 alternative requirements are necessary to expedite or facili11 tate the use of such amounts to prevent, prepare for, and 

12 respond to coronavirus, and such waiver or alternative re13 quirement is consistent with the purposes described under 

14 this heading in this Act: Provided further, That the Sec15 retary shall notify the public through the Federal Register 

16 or other appropriate means of any such waiver or alter17 native requirement in order for such waiver or alternative 

18 requirement to take effect, and that such public notice may 

19 be provided, at a minimum, on the Internet at the appro20 priate Government web site or through other electronic 

21 media, as determined by the Secretary: Provided further, 

22 That such amount is designated by the Congress as being 

23 for an emergency requirement pursuant to section 

24 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985. 
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1 HOUSING FOR PERSONS WITH DISABILITIES

2 For an additional amount for ‘‘Housing for Persons 

3 with Disabilities’’, $15,000,000, to remain available until 

4 September 30, 2023, to prevent, prepare for, and respond 

5 to coronavirus, including to provide additional funds to 

6 maintain normal operations and take other necessary ac7 tions during the period that the program is impacted by 

8 coronavirus, for assistance to owners or sponsors of prop9 erties receiving project-based assistance pursuant to section 

10 811 of the Cranston-Gonzalez National Affordable Housing 

11 Act (42 U.S.C. 8013), as amended: Provided, That the Sec12 retary may waive, or specify alternative requirements for, 

13 any provision of any statute or regulation that the Sec14 retary administers in connection with the use of amounts 

15 made available under this heading in this Act (except for 

16 requirements related to fair housing, nondiscrimination, 

17 labor standards, and the environment), upon a finding by 

18 the Secretary that any such waivers or alternative require19 ments are necessary to expedite or facilitate the use of such 

20 amounts to prevent, prepare for, and respond to 

21 coronavirus, and such waiver or alternative requirement is 

22 consistent with the purposes described under this heading 

23 in this Act: Provided further, That the Secretary shall no24 tify the public through the Federal Register or other appro25 priate means of any such waiver or alternative requirement 
844 

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1 in order for such waiver or alternative requirement to take 

2 effect, and that such public notice may be provided, at a 

3 minimum, on the Internet at the appropriate Government 

4 web site or through other electronic media, as determined 

5 by the Secretary: Provided further, That such amount is 

6 designated by the Congress as being for an emergency re7 quirement pursuant to section 251(b)(2)(A)(i) of the Bal8 anced Budget and Emergency Deficit Control Act of 1985. 

9 FAIR HOUSING AND EQUAL OPPORTUNITY

10 FAIR HOUSING ACTIVITIES

11 For an additional amount for ‘‘Fair Housing Activi12 ties’’, $2,500,000, to remain available until September 30, 

13 2021, for contracts, grants, and other assistance, as author14 ized by title VIII of the Civil Rights Act of 1968, as amend15 ed by the Fair Housing Amendments Act of 1988, and sec16 tion 561 of the Housing and Community Development Act 

17 of 1987, to prevent, prepare for, and respond to coronavirus, 

18 of which $1,500,000 shall be for the Fair Housing Assist19 ance Program Partnership for Special Enforcement grants 

20 to address fair housing issues relating to coronavirus, and 

21 $1,000,000 shall be for the Fair Housing Initiatives Pro22 gram for education and outreach activities under such sec23 tion 561 to educate the public about fair housing issues re24 lated to coronavirus: Provided, That such amount is des25 ignated by the Congress as being for an emergency require-
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1 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

2 Budget and Emergency Deficit Control Act of 1985. 

3 OFFICE OF INSPECTOR GENERAL

4 For an additional amount for ‘‘Office of Inspector 

5 General’’, $5,000,000, to remain available until expended, 

6 to prevent, prepare for, and respond to coronavirus: Pro7 vided, That the funding made available under this heading 

8 in this Act shall be used for conducting audits and inves9 tigations of projects and activities carried out with funds 

10 made available in this Act to the Department of Housing 

11 and Urban Development to prevent, prepare for, and re12 spond to coronavirus: Provided further, That such amount 

13 is designated by the Congress as being for an emergency 

14 requirement pursuant to section 251(b)(2)(A)(i) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985. 

16 GENERAL PROVISIONS—THIS TITLE 

17 SEC. 22001. Of the amounts made available from the 

18 Airport and Airway Trust Fund for ‘‘Federal Aviation Ad19 ministration—Operations’’ in title XI of division B of the 

20 Bipartisan Budget Act of 2018 (Public Law 115–123), up 

21 to $25,000,000 may be used to prevent, prepare for, and 

22 respond to coronavirus: Provided, That amounts repurposed 

23 in this section that were previously designated by the Con24 gress as an emergency requirement pursuant to the Bal25 anced Budget and Emergency Deficit Control Act of 1985 
846 

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1 are designated by the Congress as an emergency require2 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

3 Budget and Emergency Deficit Control Act of 1985. 

4 SEC. 22002. For amounts made available by this Act 

5 under the headings ‘‘Northeast Corridor Grants to the Na6 tional Railroad Passenger Corporation’’ and ‘‘National 

7 Network Grants to the National Railroad Passenger Cor8 poration’’, the Secretary of Transportation may not waive 

9 the requirements under section 24312 of title 49, United 

10 States Code, and section 24305(f) of title 49, United States 

11 Code: Provided, That for amounts made available by this 

12 Act under such headings the Secretary shall require the Na13 tional Railroad Passenger Corporation to comply with the 

14 Railway Retirement Act of 1974 (45 U.S.C. 231 et seq.), 

15 the Railway Labor Act (45 U.S.C. 151 et seq.), and the 

16 Railroad Unemployment Insurance Act (45 U.S.C. 351 et 

17 seq.): Provided further, That not later than 7 days after 

18 the date of enactment of this Act and each subsequent 7 

19 days thereafter, the Secretary shall notify the House and 

20 Senate Committees on Appropriations, the Committee on 

21 Transportation and Infrastructure of the House of Rep22 resentatives, and the Committee on Commerce, Science, and 

23 Transportation of the Senate of any National Railroad 

24 Passenger Corporation employee furloughs as a result of ef25 forts to prevent, prepare for, and respond to coronavirus: 
847 

† HR 748 EAS 

1 Provided further, That in the event of any National Rail2 road Passenger Corporation employee furloughs as a result 

3 of efforts to prevent, prepare for, and respond to 

4 coronavirus, the Secretary shall require the National Rail5 road Passenger Corporation to provide such employees the 

6 opportunity to be recalled to their previously held positions 

7 as intercity passenger rail service is restored to March 1, 

8 2020 levels and not later than the date on which intercity 

9 passenger rail service has been fully restored to March 1, 

10 2020 levels. 

11 SEC. 22003. For the duration of fiscal year 2020, sec12 tion 127(i)(1)(A) of title 23, United States Code, shall read 

13 as if and apply to situations in which: the President has 

14 declared an emergency or a major disaster under the Robert 

15 T. Stafford Disaster Relief and Emergency Assistance Act 

16 (42 U.S.C. 5121 et seq.). 

17 SEC. 22004. No later than September 30, 2020, the re18 maining unobligated balances of funds made available for 

19 the youth homelessness demonstration under the heading 

20 ‘‘Department of Housing and Urban Development—Com21 munity Planning and Development—Homeless Assistance 

22 Grants’’ in the Consolidated Appropriations Act, 2018 

23 (Public Law 115–141) are hereby permanently rescinded, 

24 and an amount of additional new budget authority equiva25 lent to the amount rescinded is hereby appropriated, to re-
848 

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1 main available until September 30, 2021, in addition to 

2 other funds as may be available for such purposes, and shall 

3 be available, without additional competition, for completing 

4 the funding of awards made pursuant to the fiscal year 

5 2018 youth homelessness demonstration. 

6 HIGHWAY SAFETY GRANTS EMERGENCY AUTHORITY

7 SEC. 22005. (a) IN GENERAL.—The Secretary of 

8 Transportation (referred to in this section as the ‘‘Sec9 retary’’) may waive or postpone any requirement under sec10 tion 402, 404, 405, or 412 of title 23, United States Code, 

11 section 4001 of the FAST Act (Public Law 114–94; 129 

12 Stat. 1497), or part 1300 of title 23, Code of Federal Regu13 lations (or successor regulations), if the Secretary deter14 mines that— 

15 (1) the Coronavirus Disease 2019 (COVID–19) is 

16 having a substantial impact on— 

17 (A) the ability of States to implement or 

18 carry out any grant, campaign, or program 

19 under those provisions; or 

20 (B) the ability of the Secretary to carry out 

21 any responsibility of the Secretary with respect 

22 to a grant, campaign, or program under those 

23 provisions; or 

24 (2) the requirements of those provisions are hav25 ing a substantial impact on the ability of States or 
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1 the Secretary to address the Coronavirus Disease 2019 

2 (COVID–19). 

3 (b) REPORT.—The Secretary shall periodically submit 

4 to the relevant committees of Congress a report describing— 

5 (1) each determination made by the Secretary 

6 under subsection (a); and 

7 (2) each waiver or postponement of a require8 ment under that subsection. 

9 (c) EMERGENCY REQUIREMENT.—The amount pro10 vided by this section is designated by the Congress as being 

11 for an emergency requirement pursuant to section 

12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985. 

14 TITLE XIII 

15 GENERAL PROVISIONS—THIS ACT 

16 SEC. 23001. Each amount appropriated or made 

17 available by this Act is in addition to amounts otherwise 

18 appropriated for the fiscal year involved. 

19 SEC. 23002. No part of any appropriation contained 

20 in this Act shall remain available for obligation beyond the 

21 current fiscal year unless expressly so provided herein. 

22 SEC. 23003. Unless otherwise provided for by this Act, 

23 the additional amounts appropriated by this Act to appro24 priations accounts shall be available under the authorities 
850 

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1 and conditions applicable to such appropriations accounts 

2 for fiscal year 2020. 

3 SEC. 23004. (a) Subject to subsection (b), and notwith4 standing any other provision of law, funds made available 

5 in this Act, or transferred pursuant to authorization grant6 ed in this Act, may only be used to prevent, prepare for, 

7 and respond to coronavirus. 

8 (b) Subsection (a) shall not apply to sections 11002, 

9 13002, and 18114 of this Act, reimbursements made pursu10 ant to authority in this Act, or to funds made available 

11 in this Act for the Emergency Reserve Fund, established 

12 pursuant to section 7058(c)(1) of division J of Public Law 

13 115–31, or to funds made available in this Act for the Infec14 tious Diseases Rapid Response Reserve Fund, established 

15 pursuant to section 231 of division B of Public Law 115– 

16 245. 

17 (c) This section shall not apply to title VI of this Act. 

18 SEC. 23005. In this Act, the term ‘‘coronavirus’’ means 

19 SARS–CoV–2 or another coronavirus with pandemic poten20 tial. 

21 SEC. 23006. Each amount designated in this Act by 

22 the Congress as being for an emergency requirement pursu23 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

24 Emergency Deficit Control Act of 1985 shall be available 

25 (or rescinded or transferred, if applicable) only if the Presi-
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1 dent subsequently so designates all such amounts and trans2 mits such designations to the Congress. 

3 SEC. 23007. Any amount appropriated by this Act, 

4 designated by the Congress as an emergency requirement 

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

6 and Emergency Deficit Control Act of 1985 and subse7 quently so designated by the President, and transferred pur8 suant to transfer authorities provided by this Act shall re9 tain such designation. 

10 BUDGETARY EFFECTS

11 SEC. 23008. (a) STATUTORY PAYGO SCORECARDS.— 

12 The budgetary effects of this division shall not be entered 

13 on either PAYGO scorecard maintained pursuant to section 

14 4(d) of the Statutory Pay As-You-Go Act of 2010. 

15 (b) SENATE PAYGO SCORECARDS.—The budgetary ef16 fects of this division shall not be entered on any PAYGO 

17 scorecard maintained for purposes of section 4106 of H. 

18 Con. Res. 71 (115th Congress). 

19 (c) CLASSIFICATION OF BUDGETARY EFFECTS.—Not20 withstanding Rule 3 of the Budget Scorekeeping Guidelines 

21 set forth in the joint explanatory statement of the committee 

22 of conference accompanying Conference Report 105–217 

23 and section 250(c)(7) and (c)(8) of the Balanced Budget 

24 and Emergency Deficit Control Act of 1985, the budgetary 

25 effects of this division shall be estimated for purposes of sec26 tion 251 of such Act. 
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1 (d) ENSURING NO WITHIN-SESSION SEQUESTRA2 TION.—Solely for the purpose of calculating a breach within 

3 a category for fiscal year 2020 pursuant to section 

4 251(a)(6) or section 254(g) of the Balanced Budget and 

5 Emergency Deficit Control Act of 1985, and notwith6 standing any other provision of this division, the budgetary 

7 effects from this division shall be counted as amounts des8 ignated as being for an emergency requirement pursuant 

9 to section 251(b)(2)(A) of such Act. 

10 This division may be cited as the ‘‘Emergency Appro11 priations for Coronavirus Health Response and Agency Op12 erations’’. 

Attest: 

Secretary. 

116TH CONGRESS 

2D SESSION H.R. 748 

AMENDMENT