Title: A bill to provide continued emergency assistance, educational support, and health care response for individuals, families, and businesses affected by the 2020 coronavirus pandemic.
Policy area: Commerce

Summary:
Delivering Immediate Relief to America's Families, Schools and Small Businesses Act
This bill establishes measures and funding to provide economic relief and support for individuals, families, and businesses in response to COVID-19 (i.e., coronavirus disease 2019). These measures include (1) implementing certain liability protections, (2) extending pandemic unemployment compensation, and (3) authorizing second draw loans under the Paycheck Protection Program.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4775 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 564
116th CONGRESS
  2d Session
                                S. 4775

  To provide continued emergency assistance, educational support, and 
health care response for individuals, families, and businesses affected 
                   by the 2020 coronavirus pandemic.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 30 (legislative day, September 29), 2020

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

                            October 1, 2020

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
  To provide continued emergency assistance, educational support, and 
health care response for individuals, families, and businesses affected 
                   by the 2020 coronavirus pandemic.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Delivering Immediate Relief to 
America's Families, Schools and Small Businesses Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
     DIVISION A--LIABILITY PROTECTIONS, CONTINUED RELIEF FOR SMALL 
  BUSINESSES AND WORKERS, PUBLIC HEALTH ENHANCEMENTS, AND EDUCATIONAL 
                                SUPPORT

                      TITLE I--SUNSETS AND OFFSETS

Sec. 1001. Emergency relief and taxpayer protections.
Sec. 1002. Direct appropriation.
Sec. 1003. Termination of authority.
Sec. 1004. Rescissions.
                 TITLE II--CORONAVIRUS LIABILITY RELIEF

Sec. 2001. Short title.
Sec. 2002. Findings and purposes.
Sec. 2003. Definitions.
                      Subtitle A--Liability Relief

 PART I--Liability Limitations for Individuals and Entities Engaged in 
          Businesses, Services, Activities, or Accommodations

Sec. 2121. Application of part.
Sec. 2122. Liability; safe harbor.
        PART II--Liability Limitations for Health Care Providers

Sec. 2141. Application of part.
Sec. 2142. Liability for health care professionals and health care 
                            facilities during coronavirus public health 
                            emergency.
PART III--Substantive and Procedural Provisions for Coronavirus-related 
                           Actions Generally

Sec. 2161. Jurisdiction.
Sec. 2162. Limitations on suits.
Sec. 2163. Procedures for suit in district courts of the united states.
Sec. 2164. Demand letters; cause of action.
             PART IV--Relation to Labor and Employment Laws

Sec. 2181. Limitation on violations under specific laws.
Sec. 2182. Liability for conducting testing at workplace.
Sec. 2183. Joint employment and independent contracting.
Sec. 2184. Exclusion of certain notification requirements as a result 
                            of the COVID-19 public health emergency.
                          Subtitle B--Products

Sec. 2201. Applicability of the targeted liability protections for 
                            pandemic and epidemic products and security 
                            countermeasures with respect to covid-19.
                     Subtitle C--General Provisions

Sec. 2301. Severability.
              TITLE III--ASSISTANCE FOR AMERICAN FAMILIES

Sec. 3001. Short title.
Sec. 3002. Extension of the Federal Pandemic Unemployment Compensation 
                            program.
                   TITLE IV--SMALL BUSINESS PROGRAMS

Sec. 4001. Small business recovery.
                   TITLE V--POSTAL SERVICE ASSISTANCE

Sec. 5001. COVID-19 funding for the United States Postal Service.
              TITLE VI--EDUCATIONAL SUPPORT AND CHILD CARE

    Subtitle A--Emergency Education Freedom Grants; Tax Credits for 
      Contributions to Eligible Scholarship-granting Organizations

Sec. 6001. Emergency education freedom grants.
Sec. 6002. Tax credits for contributions to eligible scholarship-
                            granting organizations.
Sec. 6003. Education Freedom Scholarships web portal and 
                            administration.
Sec. 6004. 529 account funding for homeschool and additional elementary 
                            and secondary expenses.
               Subtitle B--Back to Work Child Care Grants

Sec. 6101. Back to Work Child Care grants.
        TITLE VII--PANDEMIC PREPARATION AND STRATEGIC STOCKPILE

Sec. 7001. Sustained on-shore manufacturing capacity for public health 
                            emergencies.
Sec. 7002. Improving and sustaining State medical stockpiles.
Sec. 7003. Strengthening the Strategic National Stockpile.
             TITLE VIII--CORONAVIRUS RELIEF FUND EXTENSION

Sec. 8001. Extension of period to use Coronavirus Relief Fund payments.
                      TITLE IX--CHARITABLE GIVING

Sec. 9001. Increase in limitation on partial above the line deduction 
                            for charitable contributions.
                       TITLE X--CRITICAL MINERALS

Sec. 10001. Mineral security.
Sec. 10002. Rare earth element advanced coal technologies.
                   TITLE XI--MISCELLANEOUS PROVISIONS

Sec. 11001. Emergency designation.
DIVISION B--CORONAVIRUS RESPONSE ADDITIONAL SUPPLEMENTAL APPROPRIATIONS 
                               ACT, 2020

SEC. 3. REFERENCES.

    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.

     DIVISION A--LIABILITY PROTECTIONS, CONTINUED RELIEF FOR SMALL 
  BUSINESSES AND WORKERS, PUBLIC HEALTH ENHANCEMENTS, AND EDUCATIONAL 
                                SUPPORT

                      TITLE I--SUNSETS AND OFFSETS

SEC. 1001. EMERGENCY RELIEF AND TAXPAYER PROTECTIONS.

    Section 4003 of the CARES Act (15 U.S.C. 9061) is amended in 
subsection (e) by striking ``Amounts'' and inserting ``Notwithstanding 
any other provision of law, amounts''.

SEC. 1002. DIRECT APPROPRIATION.

    Section 4027 of the CARES Act (15 U.S.C. 9063) is amended by adding 
at the end the following:
    ``(d) Reduction.--The appropriation made under this section shall 
be reduced, on January 19, 2021, by an amount equal to the difference 
between $454,000,000,000 and the aggregate amount of loans, loan 
guarantees, and other investments that the Secretary has made or 
committed to make under section 4003(b)(4) as of such date.''.

SEC. 1003. TERMINATION OF AUTHORITY.

    Section 4029 of the CARES Act (15 U.S.C. 9063) is amended by adding 
at the end the following:
    ``(c) Federal Reserve Programs or Facilities.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, after January 4, 2021, the Board of Governors of the 
        Federal Reserve System and the Federal Reserve banks shall not 
        make any loan, purchase any obligation, asset, security, or 
        other interest, or make any extension of credit through any 
        program or facility established under section 13(3) of the 
        Federal Reserve Act (12 U.S.C. 343(3)) in which the Secretary 
        made a loan, loan guarantee, or other investment using funds 
        appropriated under section 4027, other than any such loan, 
        purchase, or extension of credit for which a complete 
        application was submitted on or before January 4, 2021, 
        provided that such loan, purchase, or extension of credit is 
        made on or before January 18, 2021, and under the terms and 
        conditions of the program or facility as in effect on the date 
        the complete application was submitted.
            ``(2) No modification.--On or after January 19, 2021, the 
        Board of Governors of the Federal Reserve System and the 
        Federal Reserve banks shall not modify the terms and conditions 
        of any program or facility established under section 13(3) of 
        the Federal Reserve Act (12 U.S.C. 343(3)) in which the 
        Secretary made a loan, loan guarantee, or other investment 
        using funds appropriated under section 4027, but may modify or 
        restructure a loan, obligation, asset, security, or other 
        interest, or extension of credit made or purchased through any 
        such program or facility provided that--
                    ``(A) the loan, obligation, asset, security, or 
                other interest, or extension of credit is for an 
                eligible business, including an eligible nonprofit 
                organization; and
                    ``(B) the modification or restructuring relates to 
                a single and specific eligible business, including an 
                eligible nonprofit organization; and
                    ``(C) the modification or restructuring is 
                necessary to minimize costs to taxpayers that could 
                arise from a default on the loan, obligation, asset, 
                security, or other interest, or extension of credit.''.

SEC. 1004. RESCISSIONS.

    (a) PPP and Subsidy for Certain Loan Payments.--Of the unobligated 
balances in the appropriations account under the heading ``Small 
Business Administration--Business Loans Program Account, CARES Act'' as 
of the day before the date of enactment of this Act, effective on the 
date of enactment of this Act $146,000,000,000 shall be rescinded and 
deposited into the general fund of the Treasury.
    (b) Exchange Stabilization Fund.--Section 4003 of the CARES Act (15 
U.S.C. 9042) is amended--
            (1) in subsection (a), by striking ``$500,000,000,000'' and 
        inserting ``$296,000,000,000''; and
            (2) in subsection (b)(4), in the matter preceding 
        subparagraph (A), by striking ``$454,000,000,000'' and 
        inserting ``$250,000,000,000''.

                 TITLE II--CORONAVIRUS LIABILITY RELIEF

SEC. 2001. SHORT TITLE.

    This title may be cited as the ``Safeguarding America's Frontline 
Employees To Offer Work Opportunities Required to Kickstart the Economy 
Act'' or the ``SAFE TO WORK Act''.

SEC. 2002. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The SARS-CoV-2 virus that originated in China and 
        causes the disease COVID-19 has caused untold misery and 
        devastation throughout the world, including in the United 
        States.
            (2) For months, frontline health care workers and health 
        care facilities have fought the virus with courage and resolve. 
        They did so at first with very little information about how to 
        treat the virus and developed strategies to save lives of the 
        people of the United States in real time. They risked their 
        personal health and wellbeing to protect and treat their 
        patients.
            (3) Businesses in the United States kicked into action to 
        produce and procure personal protective equipment, such as 
        masks, gloves, face shields, and hand sanitizer, and other 
        necessary medical supplies, such as ventilators, at 
        unprecedented rates.
            (4) To halt the spread of the disease, State and local 
        governments took drastic measures. They shut down small and 
        large businesses, schools, colleges and universities, 
        religious, philanthropic and other nonprofit institutions, and 
        local government agencies. They ordered people to remain in 
        their homes.
            (5) This standstill was needed to slow the spread of the 
        virus. But it devastated the economy of the United States. The 
        sum of hundreds of local-level and State-level decisions to 
        close nearly every space in which people might gather brought 
        interstate commerce nearly to a halt.
            (6) This halt led to the loss of millions of jobs. These 
        lost jobs were not a natural consequence of the economic 
        environment, but rather the result of a drastic, though 
        temporary, response to the unprecedented nature of this global 
        pandemic.
            (7) Congress passed a series of statutes to address the 
        health care and economic crises--the Coronavirus Preparedness 
        and Response Supplemental Appropriations Act, 2020 (Public Law 
        116-123; 134 Stat. 146), the Families First Coronavirus 
        Response Act (Public Law 116-127; 134 Stat. 178), the 
        Coronavirus Aid, Relief, and Economic Security Act or the CARES 
        Act (Public Law 116-136), and the Paycheck Protection Program 
        and Health Care Enhancement Act (Public Law 116-139; 134 Stat. 
        620). In these laws Congress exercised its power under the 
        Commerce and Spending Clauses of the Constitution of the United 
        States to direct trillions of taxpayer dollars toward efforts 
        to aid workers, businesses, State and local governments, health 
        care workers, and patients.
            (8) This legislation provided short-term insulation from 
        the worst of the economic storm, but these laws alone cannot 
        protect the United States from further devastation. Only 
        reopening the economy so that workers can get back to work and 
        students can get back to school can accomplish that goal.
            (9) The Constitution of the United States specifically 
        enumerates the legislative powers of Congress. One of those 
        powers is the regulation of interstate commerce. The Government 
        is not a substitute for the economy, but it has the authority 
        and the duty to act when interstate commerce is threatened and 
        damaged. As applied to the present crisis, Congress can deploy 
        its power over interstate commerce to promote a prudent 
        reopening of businesses and other organizations that serve as 
        the foundation and backbone of the national economy and of 
        commerce among the States. These include small and large 
        businesses, schools (which are substantial employers in their 
        own right and provide necessary services to enable parents and 
        other caregivers to return to work), colleges and universities 
        (which are substantial employers and supply the interstate 
        market for higher-education services), religious, philanthropic 
        and other nonprofit institutions (which are substantial 
        employers and provide necessary services to their communities), 
        and local government agencies.
            (10) Congress must also ensure that the Nation's health 
        care workers and health care facilities are able to act fully 
        to defeat the virus.
            (11) Congress must also safeguard its investment of 
        taxpayer dollars under the CARES Act and other coronavirus 
        legislation. Congress must ensure that those funds are used to 
        help businesses and workers survive and recover from the 
        economic crisis, and to help health care workers and health 
        care facilities defeat the virus. CARES Act funds cannot be 
        diverted from these important purposes to line the pockets of 
        the trial bar.
            (12) One of the chief impediments to the continued flow of 
        interstate commerce as this public-health crisis has unfolded 
        is the risk of litigation. Small and large businesses, schools, 
        colleges and universities, religious, philanthropic and other 
        nonprofit institutions, and local government agencies confront 
        the risk of a tidal wave of lawsuits accusing them of exposing 
        employees, customers, students, and worshipers to coronavirus. 
        Health care workers face the threat of lawsuits arising from 
        their efforts to fight the virus.
            (13) They confront this litigation risk even as they work 
        tirelessly to comply with the coronavirus guidance, rules, and 
        regulations issued by local governments, State governments, and 
        the Federal Government. They confront this risk notwithstanding 
        equipment and staffing shortages. And they confront this risk 
        while also grappling with constantly changing information on 
        how best to protect employees, customers, students, and 
        worshipers from the virus, and how best to treat it.
            (14) These lawsuits pose a substantial risk to interstate 
        commerce because they threaten to keep small and large 
        businesses, schools, colleges and universities, religious, 
        philanthropic and other nonprofit institutions, and local 
        government agencies from reopening for fear of expensive 
        litigation that might prove to be meritless. These lawsuits 
        further threaten to undermine the Nation's fight against the 
        virus by exposing our health care workers and health care 
        facilities to liability for difficult medical decisions they 
        have made under trying and uncertain circumstances.
            (15) These lawsuits also risk diverting taxpayer money 
        provided under the CARES Act and other coronavirus legislation 
        from its intended purposes to the pockets of opportunistic 
        trial lawyers.
            (16) This risk is not purely local. It is necessarily 
        national in scale. A patchwork of local and State rules 
        governing liability in coronavirus-related lawsuits creates 
        tremendous unpredictability for everyone participating in 
        interstate commerce and acts as a significant drag on national 
        recovery. The aggregation of each individual potential 
        liability risk poses a substantial and unprecedented threat to 
        interstate commerce.
            (17) The accumulated economic risks for these potential 
        defendants directly and substantially affects interstate 
        commerce. Individuals and entities potentially subject to 
        coronavirus-related liability will structure their 
        decisionmaking to avoid that liability. Small and large 
        businesses, schools, colleges and universities, religious, 
        philanthropic and other nonprofit institutions, and local 
        government agencies may decline to reopen because of the risk 
        of litigation. They may limit their output or engagement with 
        customers and communities to avoid the risk of litigation. 
        These individual economic decisions substantially affect 
        interstate commerce because, as a whole, they will prevent the 
        free and fair exchange of goods and services across State 
        lines. Such economic activity that, individually and in the 
        aggregate, substantially affects interstate commerce is 
        precisely the sort of conduct that should be subject to 
        congressional regulation.
            (18) Lawsuits against health care workers and facilities 
        pose a similarly dangerous risk to interstate commerce. 
        Interstate commerce will not truly rebound from this crisis 
        until the virus is defeated, and that will not happen unless 
        health care workers and facilities are free to combat 
        vigorously the virus and treat patients with coronavirus and 
        those otherwise impacted by the response to coronavirus.
            (19) Subjecting health care workers and facilities to 
        onerous litigation even as they have done their level best to 
        combat a virus about which very little was known when it 
        arrived in the United States would divert important health care 
        resources from hospitals and providers to courtrooms.
            (20) Such a diversion would substantially affect interstate 
        commerce by degrading the national capacity for combating the 
        virus and saving patients, thereby substantially elongating the 
        period before interstate commerce could fully re-engage.
            (21) Congress also has the authority to determine the 
        jurisdiction of the courts of the United States, to set the 
        standards for causes of action they can hear, and to establish 
        the rules by which those causes of action should proceed. 
        Congress therefore must act to set rules governing liability in 
        coronavirus-related lawsuits.
            (22) These rules necessarily must be temporary and 
        carefully tailored to the interstate crisis caused by the 
        coronavirus pandemic. They must extend no further than 
        necessary to meet this uniquely national crisis for which a 
        patchwork of State and local tort laws are ill-suited.
            (23) Because of the national scope of the economic and 
        health care dangers posed by the risks of coronavirus-related 
        lawsuits, establishing temporary rules governing liability for 
        certain coronavirus-related tort claims is a necessary and 
        proper means of carrying into execution Congress's power to 
        regulate commerce among the several States.
            (24) Because Congress must safeguard the investment of 
        taxpayer dollars it made in the CARES Act and other coronavirus 
        legislation, and ensure that they are used for their intended 
        purposes and not diverted for other purposes, establishing 
        temporary rules governing liability for certain coronavirus-
        related tort claims is a necessary and proper means of carrying 
        into execution Congress's power to provide for the general 
        welfare of the United States.
    (b) Purposes.--Pursuant to the powers delegated to Congress by 
article I, section 8, clauses 1, 3, 9, and 18, and article III, section 
2, clause 1 of the Constitution of the United States, the purposes of 
this title are to--
            (1) establish necessary and consistent standards for 
        litigating certain claims specific to the unique coronavirus 
        pandemic;
            (2) prevent the overburdening of the court systems with 
        undue litigation;
            (3) encourage planning, care, and appropriate risk 
        management by small and large businesses, schools, colleges and 
        universities, religious, philanthropic and other nonprofit 
        institutions, local government agencies, and health care 
        providers;
            (4) ensure that the Nation's recovery from the coronavirus 
        economic crisis is not burdened or slowed by the substantial 
        risk of litigation;
            (5) prevent litigation brought to extract settlements and 
        enrich trial lawyers rather than vindicate meritorious claims;
            (6) protect interstate commerce from the burdens of 
        potentially meritless litigation;
            (7) ensure the economic recovery proceeds without 
        artificial and unnecessary delay;
            (8) protect the interests of the taxpayers by ensuring that 
        emergency taxpayer support continues to aid businesses, 
        workers, and health care providers rather than enrich trial 
        lawyers; and
            (9) protect the highest and best ideals of the national 
        economy, so businesses can produce and serve their customers, 
        workers can work, teachers can teach, students can learn, and 
        believers can worship.

SEC. 2003. DEFINITIONS.

    In this title:
            (1) Applicable government standards and guidance.--The term 
        ``applicable government standards and guidance'' means--
                    (A) any mandatory standards or regulations 
                specifically concerning the prevention or mitigation of 
                the transmission of coronavirus issued by the Federal 
                Government, or a State or local government with 
                jurisdiction over an individual or entity, whether 
                provided by executive, judicial, or legislative order; 
                and
                    (B) with respect to an individual or entity that, 
                at the time of the actual, alleged, feared, or 
                potential for exposure to coronavirus is not subject to 
                any mandatory standards or regulations described in 
                subparagraph (A), any guidance, standards, or 
                regulations specifically concerning the prevention or 
                mitigation of the transmission of coronavirus issued by 
                the Federal Government, or a State or local government 
                with jurisdiction over the individual or entity.
            (2) Businesses, services, activities, or accommodations.--
        The term ``businesses, services, activities, or 
        accommodations'' means any act by an individual or entity, 
        irrespective of whether the act is carried on for profit, that 
        is interstate or foreign commerce, that involves persons or 
        things in interstate or foreign commerce, that involves the 
        channels or instrumentalities of interstate or foreign 
        commerce, that substantially affects interstate or foreign 
        commerce, or that is otherwise an act subject to regulation by 
        Congress as necessary and proper to carry into execution 
        Congress's powers to regulate interstate or foreign commerce or 
        to spend funds for the general welfare.
            (3) Coronavirus.--The term ``coronavirus'' means any 
        disease, health condition, or threat of harm caused by the 
        SARS-CoV-2 virus or a virus mutating therefrom.
            (4) Coronavirus exposure action.--
                    (A) In general.--The term ``coronavirus exposure 
                action'' means a civil action--
                            (i) brought by a person who suffered 
                        personal injury or is at risk of suffering 
                        personal injury, or a representative of a 
                        person who suffered personal injury or is at 
                        risk of suffering personal injury;
                            (ii) brought against an individual or 
                        entity engaged in businesses, services, 
                        activities, or accommodations; and
                            (iii) alleging that an actual, alleged, 
                        feared, or potential for exposure to 
                        coronavirus caused the personal injury or risk 
                        of personal injury, that--
                                    (I) occurred in the course of the 
                                businesses, services, activities, or 
                                accommodations of the individual or 
                                entity; and
                                    (II) occurred--
                                            (aa) on or after December 
                                        1, 2019; and
                                            (bb) before the later of--

                                                    (AA) October 1, 
                                                2024; or

                                                    (BB) the date on 
                                                which there is no 
                                                declaration by the 
                                                Secretary of Health and 
                                                Human Services under 
                                                section 319F-3(b) of 
                                                the Public Health 
                                                Service Act (42 U.S.C. 
                                                247d-6d(b)) (relating 
                                                to medical 
                                                countermeasures) that 
                                                is in effect with 
                                                respect to coronavirus, 
                                                including the 
                                                Declaration Under the 
                                                Public Readiness and 
                                                Emergency Preparedness 
                                                Act for Medical 
                                                Countermeasures Against 
                                                COVID-19 (85 Fed. Reg. 
                                                15198 ) issued by the 
                                                Secretary of Health and 
                                                Human Services on March 
                                                17, 2020.

                    (B) Exclusions.--The term ``coronavirus exposure 
                action'' does not include--
                            (i) a criminal, civil, or administrative 
                        enforcement action brought by the Federal 
                        Government or any State, local, or Tribal 
                        government; or
                            (ii) a claim alleging intentional 
                        discrimination on the basis of race, color, 
                        national origin, religion, sex (including 
                        pregnancy), disability, genetic information, or 
                        age.
            (5) Coronavirus-related action.--The term ``coronavirus-
        related action'' means a coronavirus exposure action or a 
        coronavirus-related medical liability action.
            (6) Coronavirus-related health care services.--The term 
        ``coronavirus-related health care services'' means services 
        provided by a health care provider, regardless of the location 
        where the services are provided, that relate to--
                    (A) the diagnosis, prevention, or treatment of 
                coronavirus;
                    (B) the assessment or care of an individual with a 
                confirmed or suspected case of coronavirus; or
                    (C) the care of any individual who is admitted to, 
                presents to, receives services from, or resides at, a 
                health care provider for any purpose during the period 
                of a Federal emergency declaration concerning 
                coronavirus, if such provider's decisions or activities 
                with respect to such individual are impacted as a 
                result of coronavirus.
            (7) Coronavirus-related medical liability action.--
                    (A) In general.--The term ``coronavirus-related 
                medical liability action'' means a civil action--
                            (i) brought by a person who suffered 
                        personal injury, or a representative of a 
                        person who suffered personal injury;
                            (ii) brought against a health care 
                        provider; and
                            (iii) alleging any harm, damage, breach, or 
                        tort resulting in the personal injury alleged 
                        to have been caused by, be arising out of, or 
                        be related to a health care provider's act or 
                        omission in the course of arranging for or 
                        providing coronavirus-related health care 
                        services that occurred--
                                    (I) on or after December 1, 2019; 
                                and
                                    (II) before the later of--
                                            (aa) October 1, 2024; or
                                            (bb) the date on which 
                                        there is no declaration by the 
                                        Secretary of Health and Human 
                                        Services under section 319F-
                                        3(b) of the Public Health 
                                        Service Act (42 U.S.C. 247d-
                                        6d(b)) (relating to covered 
                                        countermeasures) that is in 
                                        effect with respect to 
                                        coronavirus, including the 
                                        Declaration Under the Public 
                                        Readiness and Emergency 
                                        Preparedness Act for Medical 
                                        Countermeasures Against COVID-
                                        19 (85 Fed. Reg. 15198 ) issued 
                                        by the Secretary of Health and 
                                        Human Services on March 17, 
                                        2020.
                    (B) Exclusions.--The term ``coronavirus-related 
                medical liability action'' does not include--
                            (i) a criminal, civil, or administrative 
                        enforcement action brought by the Federal 
                        Government or any State, local, or Tribal 
                        government; or
                            (ii) a claim alleging intentional 
                        discrimination on the basis of race, color, 
                        national origin, religion, sex (including 
                        pregnancy), disability, genetic information, or 
                        age.
            (8) Employer.--The term ``employer''--
                    (A) means any person serving as an employer or 
                acting directly in the interest of an employer in 
                relation to an employee;
                    (B) includes a public agency; and
                    (C) does not include any labor organization (other 
                than when acting as an employer) or any person acting 
                in the capacity of officer or agent of such labor 
                organization.
            (9) Government.--The term ``government'' means an agency, 
        instrumentality, or other entity of the Federal Government, a 
        State government (including multijurisdictional agencies, 
        instrumentalities, and entities), a local government, or a 
        Tribal government.
            (10) Gross negligence.--The term ``gross negligence'' means 
        a conscious, voluntary act or omission in reckless disregard 
        of--
                    (A) a legal duty;
                    (B) the consequences to another party; and
                    (C) applicable government standards and guidance.
            (11) Harm.--The term ``harm'' includes--
                    (A) physical and nonphysical contact that results 
                in personal injury to an individual; and
                    (B) economic and noneconomic losses.
            (12) Health care provider.--
                    (A) In general.--The term ``health care provider'' 
                means any person, including an agent, volunteer 
                (subject to subparagraph (C)), contractor, employee, or 
                other entity, who is--
                            (i) required by Federal or State law to be 
                        licensed, registered, or certified to provide 
                        health care and is so licensed, registered, or 
                        certified (or is exempt from any such 
                        requirement);
                            (ii) otherwise authorized by Federal or 
                        State law to provide care (including services 
                        and supports furnished in a home or community-
                        based residential setting under the State 
                        Medicaid program or a waiver of that program); 
                        or
                            (iii) considered under applicable Federal 
                        or State law to be a health care provider, 
                        health care professional, health care 
                        institution, or health care facility.
                    (B) Inclusion of administrators, supervisors, 
                etc.--The term ``health care provider'' includes a 
                health care facility administrator, executive, 
                supervisor, board member or trustee, or another 
                individual responsible for directing, supervising, or 
                monitoring the provision of coronavirus-related health 
                care services in a comparable role.
                    (C) Inclusion of volunteers.--The term ``health 
                care provider'' includes volunteers that meet the 
                following criteria:
                            (i) The volunteer is a health care 
                        professional providing coronavirus-related 
                        health care services.
                            (ii) The act or omission by the volunteer 
                        occurs--
                                    (I) in the course of providing 
                                health care services;
                                    (II) in the health care 
                                professional's capacity as a volunteer;
                                    (III) in the course of providing 
                                health care services that--
                                            (aa) are within the scope 
                                        of the license, registration, 
                                        or certification of the 
                                        volunteer, as defined by the 
                                        State of licensure, 
                                        registration, or certification; 
                                        and
                                            (bb) do not exceed the 
                                        scope of license, registration, 
                                        or certification of a 
                                        substantially similar health 
                                        professional in the State in 
                                        which such act or omission 
                                        occurs; and
                                    (IV) in a good-faith belief that 
                                the individual being treated is in need 
                                of health care services.
            (13) Individual or entity.--The term ``individual or 
        entity'' means--
                    (A) any natural person, corporation, company, 
                trade, business, firm, partnership, joint stock 
                company, vessel in rem, educational institution, labor 
                organization, or similar organization or group of 
                organizations;
                    (B) any nonprofit organization, foundation, 
                society, or association organized for religious, 
                charitable, educational, or other purposes; or
                    (C) any State, Tribal, or local government.
            (14) Local government.--The term ``local government'' means 
        any unit of government within a State, including a--
                    (A) county;
                    (B) borough;
                    (C) municipality;
                    (D) city;
                    (E) town;
                    (F) township;
                    (G) parish;
                    (H) local public authority, including any public 
                housing agency under the United States Housing Act of 
                1937 (42 U.S.C. 1437 et seq.);
                    (I) special district;
                    (J) school district;
                    (K) intrastate district;
                    (L) council of governments, whether or not 
                incorporated as a nonprofit corporation under State 
                law; and
                    (M) agency or instrumentality of--
                            (i) multiple units of local government 
                        (including units of local government located in 
                        different States); or
                            (ii) an intra-State unit of local 
                        government.
            (15) Mandatory.--The term ``mandatory'', with respect to 
        applicable government standards and guidance, means the 
        standards or regulations are themselves enforceable by the 
        issuing government through criminal, civil, or administrative 
        action.
            (16) Personal injury.--The term ``personal injury'' means--
                    (A) actual or potential physical injury to an 
                individual or death caused by a physical injury; or
                    (B) mental suffering, emotional distress, or 
                similar injuries suffered by an individual in 
                connection with a physical injury.
            (17) State.--The term ``State''--
                    (A) means any State of the United States, the 
                District of Columbia, the Commonwealth of Puerto Rico, 
                the Northern Mariana Islands, the United States Virgin 
                Islands, Guam, American Samoa, and any other territory 
                or possession of the United States, and any political 
                subdivision or instrumentality thereof; and
                    (B) includes any agency or instrumentality of 2 or 
                more of the entities described in subparagraph (A).
            (18) Tribal government.--
                    (A) In general.--The term ``Tribal government'' 
                means the recognized governing body of any Indian tribe 
                included on the list published by the Secretary of the 
                Interior pursuant to section 104(a) of the Federally 
                Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
                5131(a)).
                    (B) Inclusion.--The term ``Tribal government'' 
                includes any subdivision (regardless of the laws and 
                regulations of the jurisdiction in which the 
                subdivision is organized or incorporated) of a 
                governing body described in subparagraph (A) that--
                            (i) is wholly owned by that governing body; 
                        and
                            (ii) has been delegated the right to 
                        exercise 1 or more substantial governmental 
                        functions of the governing body.
            (19) Willful misconduct.--The term ``willful misconduct'' 
        means an act or omission that is taken--
                    (A) intentionally to achieve a wrongful purpose;
                    (B) knowingly without legal or factual 
                justification; and
                    (C) in disregard of a known or obvious risk that is 
                so great as to make it highly probable that the harm 
                will outweigh the benefit.

                      Subtitle A--Liability Relief

 PART I--LIABILITY LIMITATIONS FOR INDIVIDUALS AND ENTITIES ENGAGED IN 
          BUSINESSES, SERVICES, ACTIVITIES, OR ACCOMMODATIONS

SEC. 2121. APPLICATION OF PART.

    (a) Cause of Action; Tribal Sovereign Immunity.--
            (1) Cause of action.--
                    (A) In general.--This part creates an exclusive 
                cause of action for coronavirus exposure actions.
                    (B) Liability.--A plaintiff may prevail in a 
                coronavirus exposure action only in accordance with the 
                requirements of this subtitle.
                    (C) Application.--The provisions of this part shall 
                apply to--
                            (i) any cause of action that is a 
                        coronavirus exposure action that was filed 
                        before the date of enactment of this Act and 
                        that is pending on such date of enactment; and
                            (ii) any coronavirus exposure action filed 
                        on or after such date of enactment.
            (2) Preservation of liability limits and defenses.--Except 
        as otherwise explicitly provided in this part, nothing in this 
        part expands any liability otherwise imposed or limits any 
        defense otherwise available under Federal, State, or Tribal 
        law.
            (3) Immunity.--Nothing in this part abrogates the immunity 
        of any State, or waives the immunity of any Tribal government. 
        The limitations on liability provided under this part shall 
        control in any action properly filed against a State or Tribal 
        government pursuant to a duly executed waiver by the State or 
        Tribe of sovereign immunity and stating claims within the scope 
        of this part.
    (b) Preemption and Supersedure.--
            (1) In general.--Except as described in paragraphs (2) 
        through (6), this part preempts and supersedes any Federal, 
        State, or Tribal law, including statutes, regulations, rules, 
        orders, proclamations, or standards that are enacted, 
        promulgated, or established under common law, related to 
        recovery for personal injuries caused by actual, alleged, 
        feared, or potential for exposure to coronavirus.
            (2) Stricter laws not preempted or superseded.--Nothing in 
        this part shall be construed to affect the applicability of any 
        provision of any Federal, State, or Tribal law that imposes 
        stricter limits on damages or liabilities for personal injury 
        caused by, arising out of, or related to an actual, alleged, 
        feared, or potential for exposure to coronavirus, or otherwise 
        affords greater protection to defendants in any coronavirus 
        exposure action, than are provided in this part. Any such 
        provision of Federal, State, or Tribal law shall be applied in 
        addition to the requirements of this part and not in lieu 
        thereof.
            (3) Workers' compensation laws not preempted or 
        superseded.--Nothing in this part shall be construed to affect 
        the applicability of any State or Tribal law providing for a 
        claim for benefits under a workers' compensation scheme or 
        program, or to preempt or supersede an exclusive remedy under 
        such scheme or program.
            (4) Enforcement actions.--Nothing in this part shall be 
        construed to impair, limit, or affect the authority of the 
        Federal Government, or of any State, local, or Tribal 
        government, to bring any criminal, civil, or administrative 
        enforcement action against any individual or entity.
            (5) Discrimination claims.--Nothing in this part shall be 
        construed to affect the applicability of any provision of any 
        Federal, State, or Tribal law that creates a cause of action 
        for intentional discrimination on the basis of race, color, 
        national origin, religion, sex (including pregnancy), 
        disability, genetic information, or age.
            (6) Maintenance and cure.--Nothing in this part shall be 
        construed to affect a seaman's right to claim maintenance and 
        cure benefits.
    (c) Statute of Limitations.--A coronavirus exposure action may not 
be commenced in any Federal, State, or Tribal government court later 
than 1 year after the date of the actual, alleged, feared, or potential 
for exposure to coronavirus.

SEC. 2122. LIABILITY; SAFE HARBOR.

    (a) Requirements for Liability for Exposure to Coronavirus.--
Notwithstanding any other provision of law, and except as otherwise 
provided in this section, no individual or entity engaged in 
businesses, services, activities, or accommodations shall be liable in 
any coronavirus exposure action unless the plaintiff can prove by clear 
and convincing evidence that--
            (1) in engaging in the businesses, services, activities, or 
        accommodations, the individual or entity was not making 
        reasonable efforts in light of all the circumstances to comply 
        with the applicable government standards and guidance in effect 
        at the time of the actual, alleged, feared, or potential for 
        exposure to coronavirus;
            (2) the individual or entity engaged in gross negligence or 
        willful misconduct that caused an actual exposure to 
        coronavirus; and
            (3) the actual exposure to coronavirus caused the personal 
        injury of the plaintiff.
    (b) Reasonable Efforts To Comply.--
            (1) Conflicting applicable government standards and 
        guidance.--
                    (A) In general.--If more than 1 government to whose 
                jurisdiction an individual or entity is subject issues 
                applicable government standards and guidance, and the 
                applicable government standards and guidance issued by 
                1 or more of the governments conflicts with the 
                applicable government standards and guidance issued by 
                1 or more of the other governments, the individual or 
                entity shall be considered to have made reasonable 
                efforts in light of all the circumstances to comply 
                with the applicable government standards and guidance 
                for purposes of subsection (a)(1) unless the plaintiff 
                establishes by clear and convincing evidence that the 
                individual or entity was not making reasonable efforts 
                in light of all the circumstances to comply with any of 
                the conflicting applicable government standards and 
                guidance issued by any government to whose jurisdiction 
                the individual or entity is subject.
                    (B) Exception.--If mandatory standards and 
                regulations constituting applicable government 
                standards and guidance issued by any government with 
                jurisdiction over the individual or entity conflict 
                with applicable government standards and guidance that 
                are not mandatory and are issued by any other 
                government with jurisdiction over the individual or 
                entity or by the same government that issued the 
                mandatory standards and regulations, the plaintiff may 
                establish that the individual or entity did not make 
                reasonable efforts in light of all the circumstances to 
                comply with the applicable government standards and 
                guidance for purposes of subsection (a)(1) by 
                establishing by clear and convincing evidence that the 
                individual or entity was not making reasonable efforts 
                in light of all the circumstances to comply with the 
                mandatory standards and regulations to which the 
                individual or entity was subject.
            (2) Written or published policy.--
                    (A) In general.--If an individual or entity engaged 
                in businesses, services, activities, or accommodations 
                maintained a written or published policy on the 
                mitigation of transmission of coronavirus at the time 
                of the actual, alleged, feared, or potential for 
                exposure to coronavirus that complied with, or was more 
                protective than, the applicable government standards 
                and guidance to which the individual or entity was 
                subject, the individual or entity shall be presumed to 
                have made reasonable efforts in light of all the 
                circumstances to comply with the applicable government 
                standards and guidance for purposes of subsection 
                (a)(1).
                    (B) Rebuttal.--The plaintiff may rebut the 
                presumption under subparagraph (A) by establishing that 
                the individual or entity was not complying with the 
                written or published policy at the time of the actual, 
                alleged, feared, or potential for exposure to 
                coronavirus.
                    (C) Absence of a written or published policy.--The 
                absence of a written or published policy shall not give 
                rise to a presumption that the individual or entity did 
                not make reasonable efforts in light of all the 
                circumstances to comply with the applicable government 
                standards and guidance for purposes of subsection 
                (a)(1).
            (3) Timing.--For purposes of subsection (a)(1), a change to 
        a policy or practice by an individual or entity before or after 
        the actual, alleged, feared, or potential for exposure to 
        coronavirus, shall not be evidence of liability for the actual, 
        alleged, feared, or potential for exposure to coronavirus.
    (c) Third Parties.--No individual or entity shall be held liable in 
a coronavirus exposure action for the acts or omissions of a third 
party, unless--
            (1) the individual or entity had an obligation under 
        general common law principles to control the acts or omissions 
        of the third party; or
            (2) the third party was an agent of the individual or 
        entity.
    (d) Mitigation.--Changes to the policies, practices, or procedures 
of an individual or entity for complying with the applicable government 
standards and guidance after the time of the actual, alleged, feared, 
or potential for exposure to coronavirus, shall not be considered 
evidence of liability or culpability.

        PART II--LIABILITY LIMITATIONS FOR HEALTH CARE PROVIDERS

SEC. 2141. APPLICATION OF PART.

    (a) In General.--
            (1) Cause of action.--
                    (A) In general.--This part creates an exclusive 
                cause of action for coronavirus-related medical 
                liability actions.
                    (B) Liability.--A plaintiff may prevail in a 
                coronavirus-related medical liability action only in 
                accordance with the requirements of this subtitle.
                    (C) Application.--The provisions of this part shall 
                apply to--
                            (i) any cause of action that is a 
                        coronavirus-related medical liability action 
                        that was filed before the date of enactment of 
                        this Act and that is pending on such date of 
                        enactment; and
                            (ii) any coronavirus-related medical 
                        liability action filed on or after such date of 
                        enactment.
            (2) Preservation of liability limits and defenses.--Except 
        as otherwise explicitly provided in this part, nothing in this 
        part expands any liability otherwise imposed or limits any 
        defense otherwise available under Federal, State, or Tribal 
        law.
            (3) Immunity.--Nothing in this part abrogates the immunity 
        of any State, or waives the immunity of any Tribal government. 
        The limitations on liability provided under this part shall 
        control in any action properly filed against a State or Tribal 
        government pursuant to a duly executed waiver by the State or 
        Tribe of sovereign immunity and stating claims within the scope 
        of this part.
    (b) Preemption and Supersedure.--
            (1) In general.--Except as described in paragraphs (2) 
        through (6), this part preempts and supersedes any Federal, 
        State, or Tribal law, including statutes, regulations, rules, 
        orders, proclamations, or standards that are enacted, 
        promulgated, or established under common law, related to 
        recovery for personal injuries caused by, arising out of, or 
        related to an act or omission by a health care provider in the 
        course of arranging for or providing coronavirus-related health 
        care services.
            (2) Stricter laws not preempted or superseded.--Nothing in 
        this part shall be construed to affect the applicability of any 
        provision of any Federal, State, or Tribal law that imposes 
        stricter limits on damages or liabilities for personal injury 
        caused by, arising out of, or related to an act or omission by 
        a health care provider in the course of arranging for or 
        providing coronavirus-related health care services, or 
        otherwise affords greater protection to defendants in any 
        coronavirus-related medical liability action than are provided 
        in this part. Any such provision of Federal, State, or Tribal 
        law shall be applied in addition to the requirements of this 
        part and not in lieu thereof.
            (3) Enforcement actions.--Nothing in this part shall be 
        construed to impair, limit, or affect the authority of the 
        Federal Government, or of any State, local, or Tribal 
        government to bring any criminal, civil, or administrative 
        enforcement action against any health care provider.
            (4) Discrimination claims.--Nothing in this part shall be 
        construed to affect the applicability of any provision of any 
        Federal, State, or Tribal law that creates a cause of action 
        for intentional discrimination on the basis of race, color, 
        national origin, religion, sex (including pregnancy), 
        disability, genetic information, or age.
            (5) Public readiness and emergency preparedness.--Nothing 
        in this part shall be construed to affect the applicability of 
        section 319F-3 of the Public Health Service Act (42 U.S.C. 
        247d-6d) to any act or omission involving a covered 
        countermeasure, as defined in subsection (i) of such section in 
        arranging for or providing coronavirus-related health care 
        services. Nothing in this part shall be construed to affect the 
        applicability of section 319F-4 of the Public Health Service 
        Act (42 U.S.C. 247d-6e).
            (6) Vaccine injury.--To the extent that title XXI of the 
        Public Health Service Act (42 U.S.C. 300aa-1 et seq.) 
        establishes a Federal rule applicable to a civil action brought 
        for a vaccine-related injury or death, this part does not 
        affect the application of that rule to such an action.
    (c) Statute of Limitations.--A coronavirus-related medical 
liability action may not be commenced in any Federal, State, or Tribal 
government court later than 1 year after the date of the alleged harm, 
damage, breach, or tort, unless tolled for--
            (1) proof of fraud;
            (2) intentional concealment; or
            (3) the presence of a foreign body, which has no 
        therapeutic or diagnostic purpose or effect, in the person of 
        the injured person.

SEC. 2142. LIABILITY FOR HEALTH CARE PROFESSIONALS AND HEALTH CARE 
              FACILITIES DURING CORONAVIRUS PUBLIC HEALTH EMERGENCY.

    (a) Requirements for Liability for Coronavirus-related Health Care 
Services.--Notwithstanding any other provision of law, and except as 
provided in subsection (b), no health care provider shall be liable in 
a coronavirus-related medical liability action unless the plaintiff can 
prove by clear and convincing evidence--
            (1) gross negligence or willful misconduct by the health 
        care provider; and
            (2) that the alleged harm, damage, breach, or tort 
        resulting in the personal injury was directly caused by the 
        alleged gross negligence or willful misconduct.
    (b) Exceptions.--For purposes of this section, acts, omissions, or 
decisions resulting from a resource or staffing shortage shall not be 
considered willful misconduct or gross negligence.

PART III--SUBSTANTIVE AND PROCEDURAL PROVISIONS FOR CORONAVIRUS-RELATED 
                           ACTIONS GENERALLY

SEC. 2161. JURISDICTION.

    (a) Jurisdiction.--The district courts of the United States shall 
have concurrent original jurisdiction of any coronavirus-related 
action.
    (b) Removal.--
            (1) In general.--A coronavirus-related action of which the 
        district courts of the United States have original jurisdiction 
        under subsection (a) that is brought in a State or Tribal 
        government court may be removed to a district court of the 
        United States in accordance with section 1446 of title 28, 
        United States Code, except that--
                    (A) notwithstanding subsection (b)(2)(A) of such 
                section, such action may be removed by any defendant 
                without the consent of all defendants; and
                    (B) notwithstanding subsection (b)(1) of such 
                section, for any cause of action that is a coronavirus-
                related action that was filed in a State court before 
                the date of enactment of this Act and that is pending 
                in such court on such date of enactment, and of which 
                the district courts of the United States have original 
                jurisdiction under subsection (a), any defendant may 
                file a notice of removal of a civil action or 
                proceeding within 30 days of the date of enactment of 
                this Act.
            (2) Procedure after removal.--Section 1447 of title 28, 
        United States Code, shall apply to any removal of a case under 
        paragraph (1), except that, notwithstanding subsection (d) of 
        such section, a court of appeals of the United States shall 
        accept an appeal from an order of a district court granting or 
        denying a motion to remand the case to the State or Tribal 
        government court from which it was removed if application is 
        made to the court of appeals of the United States not later 
        than 10 days after the entry of the order.

SEC. 2162. LIMITATIONS ON SUITS.

    (a) Joint and Several Liability Limitations.--
            (1) In general.--An individual or entity against whom a 
        final judgment is entered in any coronavirus-related action 
        shall be liable solely for the portion of the judgment that 
        corresponds to the relative and proportionate responsibility of 
        that individual or entity. In determining the percentage of 
        responsibility of any defendant, the trier of fact shall 
        determine that percentage as a percentage of the total fault of 
        all individuals or entities, including the plaintiff, who 
        caused or contributed to the total loss incurred by the 
        plaintiff.
            (2) Proportionate liability.--
                    (A) Determination of responsibility.--In any 
                coronavirus-related action, the court shall instruct 
                the jury to answer special interrogatories, or, if 
                there is no jury, the court shall make findings with 
                respect to each defendant, including defendants who 
                have entered into settlements with the plaintiff or 
                plaintiffs, concerning the percentage of 
                responsibility, if any, of each defendant, measured as 
                a percentage of the total fault of all individuals or 
                entities who caused or contributed to the loss incurred 
                by the plaintiff.
                    (B) Factors for consideration.--In determining the 
                percentage of responsibility under this subsection, the 
                trier of fact shall consider--
                            (i) the nature of the conduct of each 
                        individual or entity found to have caused or 
                        contributed to the loss incurred by the 
                        plaintiff; and
                            (ii) the nature and extent of the causal 
                        relationship between the conduct of each such 
                        individual or entity and the damages incurred 
                        by the plaintiff.
            (3) Joint liability for specific intent or fraud.--
        Notwithstanding paragraph (1), in any coronavirus-related 
        action the liability of a defendant is joint and several if the 
        trier of fact specifically determines that the defendant--
                    (A) acted with specific intent to injure the 
                plaintiff; or
                    (B) knowingly committed fraud.
            (4) Right to contribution not affected.--Nothing in this 
        subsection affects the right, under any other law, of a 
        defendant to contribution with respect to another defendant 
        determined under paragraph (3) to have acted with specific 
        intent to injure the plaintiff or to have knowingly committed 
        fraud.
    (b) Limitations on Damages.--In any coronavirus-related action--
            (1) the award of compensatory damages shall be limited to 
        economic losses incurred as the result of the personal injury, 
        harm, damage, breach, or tort, except that the court may award 
        damages for noneconomic losses if the trier of fact determines 
        that the personal injury, harm, damage, breach, or tort was 
        caused by the willful misconduct of the individual or entity;
            (2) punitive damages--
                    (A) may be awarded only if the trier of fact 
                determines that the personal injury to the plaintiff 
                was caused by the willful misconduct of the individual 
                or entity; and
                    (B) may not exceed the amount of compensatory 
                damages awarded; and
            (3) the amount of monetary damages awarded to a plaintiff 
        shall be reduced by the amount of compensation received by the 
        plaintiff from another source in connection with the personal 
        injury, harm, damage, breach, or tort, such as insurance or 
        reimbursement by a government.
    (c) Preemption and Supersedure.--
            (1) In general.--Except as described in paragraphs (2) and 
        (3), this section preempts and supersedes any Federal, State, 
        or Tribal law, including statutes, regulations, rules, orders, 
        proclamations, or standards that are enacted, promulgated, or 
        established under common law, related to joint and several 
        liability, proportionate or contributory liability, 
        contribution, or the award of damages for any coronavirus-
        related action.
            (2) Stricter laws not preempted or superseded.--Nothing in 
        this section shall be construed to affect the applicability of 
        any provision of any Federal, State, or Tribal law that--
                    (A) limits the liability of a defendant in a 
                coronavirus-related action to a lesser degree of 
                liability than the degree of liability determined under 
                this section;
                    (B) otherwise affords a greater degree of 
                protection from joint or several liability than is 
                afforded by this section; or
                    (C) limits the damages that can be recovered from a 
                defendant in a coronavirus-related action to a lesser 
                amount of damages than the amount determined under this 
                section.
            (3) Public readiness and emergency preparedness.--Nothing 
        in this part shall be construed to affect the applicability of 
        section 319F-3 of the Public Health Service Act (42 U.S.C. 
        247d-6d) to any act or omission involving a covered 
        countermeasure, as defined in subsection (i) of such section in 
        arranging for or providing coronavirus-related health care 
        services. Nothing in this part shall be construed to affect the 
        applicability of section 319F-4 of the Public Health Service 
        Act (42 U.S.C. 247d-6e).

SEC. 2163. PROCEDURES FOR SUIT IN DISTRICT COURTS OF THE UNITED STATES.

    (a) Pleading With Particularity.--In any coronavirus-related action 
filed in or removed to a district court of the United States--
            (1) the complaint shall plead with particularity--
                    (A) each element of the plaintiff's claim; and
                    (B) with respect to a coronavirus exposure action, 
                all places and persons visited by the person on whose 
                behalf the complaint was filed and all persons who 
                visited the residence of the person on whose behalf the 
                complaint was filed during the 14-day-period before the 
                onset of the first symptoms allegedly caused by 
                coronavirus, including--
                            (i) each individual or entity against which 
                        a complaint is filed, along with the factual 
                        basis for the belief that such individual or 
                        entity was a cause of the personal injury 
                        alleged; and
                            (ii) every other person or place visited by 
                        the person on whose behalf the complaint was 
                        filed and every other person who visited the 
                        residence of the person on whose behalf the 
                        complaint was filed during such period, along 
                        with the factual basis for the belief that 
                        these persons and places were not the cause of 
                        the personal injury alleged; and
            (2) the complaint shall plead with particularity each 
        alleged act or omission constituting gross negligence or 
        willful misconduct that resulted in personal injury, harm, 
        damage, breach, or tort.
    (b) Separate Statements Concerning the Nature and Amount of Damages 
and Required State of Mind.--
            (1) Nature and amount of damages.--In any coronavirus-
        related action filed in or removed to a district court of the 
        United States in which monetary damages are requested, there 
        shall be filed with the complaint a statement of specific 
        information as to the nature and amount of each element of 
        damages and the factual basis for the damages calculation.
            (2) Required state of mind.--In any coronavirus-related 
        action filed in or removed to a district court of the United 
        States in which a claim is asserted on which the plaintiff may 
        prevail only on proof that the defendant acted with a 
        particular state of mind, there shall be filed with the 
        complaint, with respect to each element of that claim, a 
        statement of the facts giving rise to a strong inference that 
        the defendant acted with the required state of mind.
    (c) Verification and Medical Records.--
            (1) Verification requirement.--
                    (A) In general.--The complaint in a coronavirus-
                related action filed in or removed to a district court 
                of the United States shall include a verification, made 
                by affidavit of the plaintiff under oath, stating that 
                the pleading is true to the knowledge of the deponent, 
                except as to matters specifically identified as being 
                alleged on information and belief, and that as to those 
                matters the plaintiff believes it to be true.
                    (B) Identification of matters alleged upon 
                information and belief.--Any matter that is not 
                specifically identified as being alleged upon the 
                information and belief of the plaintiff, shall be 
                regarded for all purposes, including a criminal 
                prosecution, as having been made upon the knowledge of 
                the plaintiff.
            (2) Materials required.--In any coronavirus-related action 
        filed in or removed to a district court of the United States, 
        the plaintiff shall file with the complaint--
                    (A) an affidavit by a physician or other qualified 
                medical expert who did not treat the person on whose 
                behalf the complaint was filed that explains the basis 
                for such physician's or other qualified medical 
                expert's belief that such person suffered the personal 
                injury, harm, damage, breach, or tort alleged in the 
                complaint; and
                    (B) certified medical records documenting the 
                alleged personal injury, harm, damage, breach, or tort.
    (d) Application With Federal Rules of Civil Procedure.--This 
section applies exclusively to any coronavirus-related action filed in 
or removed to a district court of the United States and, except to the 
extent that this section requires additional information to be 
contained in or attached to pleadings, nothing in this section is 
intended to amend or otherwise supersede applicable rules of Federal 
civil procedure.
    (e) Civil Discovery for Actions in District Courts of the United 
States.--
            (1) Timing.--Notwithstanding any other provision of law, in 
        any coronavirus-related action filed in or removed to a 
        district court of the United States, no discovery shall be 
        allowed before--
                    (A) the time has expired for the defendant to 
                answer or file a motion to dismiss; and
                    (B) if a motion to dismiss is filed, the court has 
                ruled on the motion.
            (2) Standard.--Notwithstanding any other provision of law, 
        the court in any coronavirus-related action that is filed in or 
        removed to a district court of the United States--
                    (A) shall permit discovery only with respect to 
                matters directly related to material issues contested 
                in the coronavirus-related action; and
                    (B) may compel a response to a discovery request 
                (including a request for admission, an interrogatory, a 
                request for production of documents, or any other form 
                of discovery request) under rule 37 of the Federal 
                Rules of Civil Procedure, only if the court finds 
                that--
                            (i) the requesting party needs the 
                        information sought to prove or defend as to a 
                        material issue contested in such action; and
                            (ii) the likely benefits of a response to 
                        such request equal or exceed the burden or cost 
                        for the responding party of providing such 
                        response.
    (f) Interlocutory Appeal and Stay of Discovery.--The courts of 
appeals of the United States shall have jurisdiction of an appeal from 
a motion to dismiss that is denied in any coronavirus-related action in 
a district court of the United States. The district court shall stay 
all discovery in such a coronavirus-related action until the court of 
appeals has disposed of the appeal.
    (g) Class Actions and Multidistrict Litigation Proceedings.--
            (1) Class actions.--In any coronavirus-related action that 
        is filed in or removed to a district court of the United States 
        and is maintained as a class action or multidistrict 
        litigation--
                    (A) an individual or entity shall only be a member 
                of the class if the individual or entity affirmatively 
                elects to be a member; and
                    (B) the court, in addition to any other notice 
                required by applicable Federal or State law, shall 
                direct notice of the action to each member of the 
                class, which shall include--
                            (i) a concise and clear description of the 
                        nature of the action;
                            (ii) the jurisdiction where the case is 
                        pending; and
                            (iii) the fee arrangements with class 
                        counsel, including--
                                    (I) the hourly fee being charged; 
                                or
                                    (II) if it is a contingency fee, 
                                the percentage of the final award which 
                                will be paid, including an estimate of 
                                the total amount that would be paid if 
                                the requested damages were to be 
                                granted; and
                                    (III) if the cost of the litigation 
                                is being financed, a description of the 
                                financing arrangement.
            (2) Multidistrict litigations.--
                    (A) Trial prohibition.--In any coordinated or 
                consolidated pretrial proceedings conducted pursuant to 
                section 1407(b) of title 28, United States Code, the 
                judge or judges to whom coronavirus-related actions are 
                assigned by the Judicial Panel on Multidistrict 
                Litigation may not conduct a trial in a coronavirus-
                related action transferred to or directly filed in the 
                proceedings unless all parties to that coronavirus-
                related action consent.
                    (B) Review of orders.--The court of appeals of the 
                United States having jurisdiction over the transferee 
                district court shall permit an appeal to be taken from 
                any order issued in the conduct of coordinated or 
                consolidated pretrial proceedings conducted pursuant to 
                section 1407(b) of title 28, United States Code, if the 
                order is applicable to 1 or more coronavirus-related 
                actions and an immediate appeal from the order may 
                materially advance the ultimate termination of 1 or 
                more coronavirus-related actions in the proceedings.

SEC. 2164. DEMAND LETTERS; CAUSE OF ACTION.

    (a) Cause of Action.--If any person transmits or causes another to 
transmit in any form and by any means a demand for remuneration in 
exchange for settling, releasing, waiving, or otherwise not pursuing a 
claim that is, or could be, brought as part of a coronavirus-related 
action, the party receiving such a demand shall have a cause of action 
for the recovery of damages occasioned by such demand and for 
declaratory judgment in accordance with chapter 151 of title 28, United 
States Code, if the claim for which the letter was transmitted was 
meritless.
    (b) Damages.--Damages available under subsection (a) shall 
include--
            (1) compensatory damages including costs incurred in 
        responding to the demand; and
            (2) punitive damages, if the court determines that the 
        defendant had knowledge or was reckless with regard to the fact 
        that the claim was meritless.
    (c) Attorney's Fees and Costs.--In an action commenced under 
subsection (a), if the plaintiff is a prevailing party, the court 
shall, in addition to any judgment awarded to a plaintiff, allow a 
reasonable attorney's fee to be paid by the defendant, and costs of the 
action.
    (d) Jurisdiction.--The district courts of the United States shall 
have concurrent original jurisdiction of all claims arising under 
subsection (a).
    (e) Enforcement by the Attorney General.--
            (1) In general.--Whenever the Attorney General has 
        reasonable cause to believe that any person or group of persons 
        is engaged in a pattern or practice of transmitting demands for 
        remuneration in exchange for settling, releasing, waiving, or 
        otherwise not pursuing a claim that is, or could be, brought as 
        part of a coronavirus-related action and that is meritless, the 
        Attorney General may commence a civil action in any appropriate 
        district court of the United States.
            (2) Relief.--In a civil action under paragraph (1), the 
        court may, to vindicate the public interest, assess a civil 
        penalty against the respondent in an amount not exceeding 
        $50,000 per transmitted demand for remuneration in exchange for 
        settling, releasing, waiving or otherwise not pursuing a claim 
        that is meritless.
            (3) Distribution of civil penalties.--If the Attorney 
        General obtains civil penalties in accordance with paragraph 
        (2), the Attorney General shall distribute the proceeds 
        equitably among those persons aggrieved by the respondent's 
        pattern or practice of transmitting demands for remuneration in 
        exchange for settling, releasing, waiving or otherwise not 
        pursuing a claim that is meritless.

             PART IV--RELATION TO LABOR AND EMPLOYMENT LAWS

SEC. 2181. LIMITATION ON VIOLATIONS UNDER SPECIFIC LAWS.

    (a) In General.--
            (1) Definition.--In this subsection, the term ``covered 
        Federal employment law'' means any of the following:
                    (A) The Occupational Safety and Health Act of 1970 
                (29 U.S.C. 651 et seq.) (including any standard 
                included in a State plan approved under section 18 of 
                such Act (29 U.S.C. 667)).
                    (B) The Fair Labor Standards Act of 1938 (29 U.S.C. 
                201 et seq.).
                    (C) The Age Discrimination in Employment Act of 
                1967 (29 U.S.C. 621 et seq.).
                    (D) The Worker Adjustment and Retraining 
                Notification Act (29 U.S.C. 2101 et seq.).
                    (E) Title VII of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e et seq.).
                    (F) Title II of the Genetic Information 
                Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et 
                seq.).
                    (G) Title I of the Americans with Disabilities Act 
                of 1990 (42 U.S.C. 12111 et seq.).
            (2) Limitation.--Notwithstanding any provision of a covered 
        Federal employment law, in any action, proceeding, or 
        investigation resulting from or related to an actual, alleged, 
        feared, or potential for exposure to coronavirus, or a change 
        in working conditions caused by a law, rule, declaration, or 
        order related to coronavirus, an employer shall not be subject 
        to any enforcement proceeding or liability under any provision 
        of a covered Federal employment law if the employer--
                    (A) was relying on and generally following 
                applicable government standards and guidance;
                    (B) knew of the obligation under the relevant 
                provision; and
                    (C) attempted to satisfy any such obligation by--
                            (i) exploring options to comply with such 
                        obligations and with the applicable government 
                        standards and guidance (such as through the use 
                        of virtual training or remote communication 
                        strategies);
                            (ii) implementing interim alternative 
                        protections or procedures; or
                            (iii) following guidance issued by the 
                        relevant agency with jurisdiction with respect 
                        to any exemptions from such obligation.
    (b) Public Accommodation Laws.--
            (1) Definitions.--In this subsection--
                    (A) the term ``auxiliary aids and services'' has 
                the meaning given the term in section 4 of the 
                Americans with Disabilities Act of 1990 (42 U.S.C. 
                12103);
                    (B) the term ``covered public accommodation law'' 
                means--
                            (i) title III of the Americans with 
                        Disabilities Act of 1990 (42 U.S.C. 12181 et 
                        seq.); or
                            (ii) title II of the Civil Rights Act of 
                        1964 (42 U.S.C. 2000a et seq.);
                    (C) the term ``place of public accommodation'' 
                means--
                            (i) a place of public accommodation, as 
                        defined in section 201 of the Civil Rights Act 
                        of 1964 (42 U.S.C. 2000a); or
                            (ii) a public accommodation, as defined in 
                        section 301 of the Americans with Disabilities 
                        Act of 1990 (42 U.S.C. 12181); and
                    (D) the term ``public health emergency period'' 
                means a period designated a public health emergency 
                period by a Federal, State, or local government 
                authority.
            (2) Actions and measures during a public health 
        emergency.--
                    (A) In general.--Notwithstanding any other 
                provision of law or regulation, during any public 
                health emergency period, no person who owns, leases (or 
                leases to), or operates a place of public accommodation 
                shall be liable under, or found in violation of, any 
                covered public accommodation law for any action or 
                measure taken regarding coronavirus and that place of 
                public accommodation, if such person--
                            (i) has determined that the significant 
                        risk of substantial harm to public health or 
                        the health of employees cannot be reduced or 
                        eliminated by reasonably modifying policies, 
                        practices, or procedures, or the provision of 
                        an auxiliary aid or service; or
                            (ii) has offered such a reasonable 
                        modification or auxiliary aid or service but 
                        such offer has been rejected by the individual 
                        protected by the covered law.
                    (B) Required waiver prohibited.--For purposes of 
                this subsection, no person who owns, leases (or leases 
                to), or operates a place of public accommodation shall 
                be required to waive any measure, requirement, or 
                recommendation that has been adopted in accordance with 
                a requirement or recommendation issued by the Federal 
                Government or any State or local government with regard 
                to coronavirus, in order to offer such a reasonable 
                modification or auxiliary aids and services.

SEC. 2182. LIABILITY FOR CONDUCTING TESTING AT WORKPLACE.

    Notwithstanding any other provision of Federal, State, or local 
law, an employer, or other person who hires or contracts with other 
individuals to provide services, that conducts tests for coronavirus on 
the employees of the employer or persons hired or contracted to provide 
services shall not be liable for any action or personal injury directly 
resulting from such testing, except for those personal injuries caused 
by the gross negligence or intentional misconduct of the employer or 
other person.

SEC. 2183. JOINT EMPLOYMENT AND INDEPENDENT CONTRACTING.

    Notwithstanding any other provision of Federal or State law, 
including any covered Federal employment law (as defined in section 
2181(a)), the Labor Management Relations Act, 1947 (29 U.S.C. 141 et 
seq.), the Employment Retirement Income Security Act of 1974 (29 U.S.C. 
1001 et seq.), and the Family and Medical Leave Act of 1993 (29 U.S.C. 
2601 et seq.), it shall not constitute evidence of a joint employment 
relationship or employment relationship for any employer to provide or 
require, for an employee of another employer or for an independent 
contractor, any of the following:
            (1) Coronavirus-related policies, procedures, or training.
            (2) Personal protective equipment or training for the use 
        of such equipment.
            (3) Cleaning or disinfecting services or the means for such 
        cleaning or disinfecting.
            (4) Workplace testing for coronavirus.
            (5) Temporary assistance due to coronavirus, including 
        financial assistance or other health and safety benefits.

SEC. 2184. EXCLUSION OF CERTAIN NOTIFICATION REQUIREMENTS AS A RESULT 
              OF THE COVID-19 PUBLIC HEALTH EMERGENCY.

    (a) Definitions.--Section 2(a) of the Worker Adjustment and 
Retraining Notification Act (29 U.S.C. 2101(a)) is amended--
            (1) in paragraph (2), by adding before the semicolon at the 
        end the following: ``and the shutdown, if occurring during the 
        covered period, is not a result of the COVID-19 national 
        emergency'';
            (2) in paragraph (3)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B), by adding ``and'' at the 
                end; and
                    (C) by adding at the end the following:
                    ``(C) if occurring during the covered period, is 
                not a result of the COVID-19 national emergency;'';
            (3) in paragraph (7), by striking ``and'';
            (4) in paragraph (8), by striking the period at the end and 
        inserting a semicolon; and
            (5) by adding at the end the following:
            ``(9) the term `covered period' means the period that--
                    ``(A) begins on January 1, 2020; and
                    ``(B) ends 90 days after the last date of the 
                COVID-19 national emergency; and
            ``(10) the term `COVID-19 national emergency' means the 
        national emergency declared by the President under the National 
        Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the 
        Coronavirus Disease 2019 (COVID-19).''.
    (b) Exclusion From Definition of Employment Loss.--Section 2(b) of 
the Worker Adjustment and Retraining Notification Act (29 U.S.C. 
2101(b)) is amended by adding at the end the following:
            ``(3) Notwithstanding subsection (a)(6), during the covered 
        period an employee may not be considered to have experienced an 
        employment loss if the termination, layoff exceeding 6 months, 
        or reduction in hours of work of more than 50 percent during 
        each month of any 6-month period involved is a result of the 
        COVID-19 national emergency.''.

                          Subtitle B--Products

SEC. 2201. APPLICABILITY OF THE TARGETED LIABILITY PROTECTIONS FOR 
              PANDEMIC AND EPIDEMIC PRODUCTS AND SECURITY 
              COUNTERMEASURES WITH RESPECT TO COVID-19.

    (a) In General.--Section 319F-3(i)(1) of the Public Health Service 
Act (42 U.S.C. 247d-6d(i)(1)) is amended--
            (1) in subparagraph (C), by striking ``; or'' and inserting 
        a semicolon;
            (2) in subparagraph (D), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(E) a drug (as such term is defined in section 
                201(g)(1) of the Federal Food, Drug, and Cosmetic Act), 
                biological product (including a vaccine) (as such term 
                is defined in section 351(i)), or device (as such term 
                is defined in section 201(h) of the Federal Food, Drug, 
                and Cosmetic Act) that--
                            ``(i) is the subject of a notice of use of 
                        enforcement discretion issued by the Secretary 
                        if such drug, biological product, or device is 
                        used--
                                    ``(I) when such notice is in 
                                effect;
                                    ``(II) within the scope of such 
                                notice; and
                                    ``(III) in compliance with other 
                                applicable requirements of the Federal 
                                Food, Drug, and Cosmetic Act that are 
                                not the subject of such notice;
                            ``(ii) in the case of a device, is exempt 
                        from the requirement under section 510(k) of 
                        the Federal Food, Drug, and Cosmetic Act; or
                            ``(iii) in the case of a drug--
                                    ``(I) meets the requirements for 
                                marketing under a final administrative 
                                order under section 505G of the Federal 
                                Food, Drug, and Cosmetic Act; or
                                    ``(II) is marketed in accordance 
                                with section 505G(a)(3) of such Act.''.
    (b) Clarifying Means of Distribution.--Section 319F-3(a)(5) of the 
Public Health Service Act (42 U.S.C. 247d-6d(a)(5)) is amended by 
inserting ``by, or in partnership with, Federal, State, or local public 
health officials or the private sector'' after ``distribution'' the 
first place it appears.
    (c) No Change to Administrative Procedure Act Application to 
Enforcement Discretion Exercise.--Section 319F-3 of the Public Health 
Service Act (42 U.S.C. 247d-6d) is amended by adding at the end the 
following:
    ``(j) Rule of Construction.--Nothing in this section shall be 
construed--
            ``(1) to require use of procedures described in section 553 
        of title 5, United States Code, for a notice of use of 
        enforcement discretion for which such procedures are not 
        otherwise required; or
            ``(2) to affect whether such notice constitutes final 
        agency action within the meaning of section 704 of title 5, 
        United States Code.''.

                     Subtitle C--General Provisions

SEC. 2301. SEVERABILITY.

    If any provision of this title, an amendment made by this title, or 
the application of such a provision or amendment to any person or 
circumstance is held to be unconstitutional, the remaining provisions 
of and amendments made by this title, as well as the application of 
such provision or amendment to any person other than the parties to the 
action holding the provision or amendment to be unconstitutional, or to 
any circumstances other than those presented in such action, shall not 
be affected thereby.

              TITLE III--ASSISTANCE FOR AMERICAN FAMILIES

SEC. 3001. SHORT TITLE.

    This title may be cited as the ``Continued Financial Relief to 
Americans Act of 2020''.

SEC. 3002. EXTENSION OF THE FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION 
              PROGRAM.

    (a) Extension.--Section 2104(e)(2) of division A of the CARES Act 
(15 U.S.C. 9023(e)(2)) is amended by striking ``July 31, 2020'' and 
inserting ``December 27, 2020''.
    (b) Amount.--
            (1) In general.--Section 2104(b) of division A of the CARES 
        Act (15 U.S.C. 9023(b)) is amended--
                    (A) in paragraph (1)(B), by striking ``of $600'' 
                and inserting ``equal to the amount specified in 
                paragraph (3)''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(3) Amount of federal pandemic unemployment 
        compensation.--The amount specified in this paragraph is the 
        following amount:
                    ``(A) For weeks of unemployment beginning after the 
                date on which an agreement is entered into under this 
                section and ending on or before July 31, 2020, $600.
                    ``(B) For weeks of unemployment beginning after the 
                last week under subparagraph (A) and ending on or 
                before December 27, 2020, $300.''.
            (2) Technical amendment regarding application to short-time 
        compensation programs and agreements.--Section 2104(i)(2) of 
        division A of the CARES Act (15 U.S.C. 9023(i)(2)) is amended--
                    (A) in subparagraph (C), by striking ``and'' at the 
                end;
                    (B) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(E) short-time compensation under section 2108 or 
                2109.''.
    (c) Extension of Enhanced Benefits Under the Railroad Unemployment 
Insurance Act.--Section 2(a)(5)(A) of the Railroad Unemployment 
Insurance Act (45 U.S.C. 352(a)(5)(A)) is amended by inserting after 
the first sentence the following new sentence: ``Notwithstanding 
paragraph (3), subsection (c)(1)(B), and any other limitation on total 
benefits in this Act, for registration periods beginning after July 31, 
2020, but on or before December 27, 2020, a recovery benefit in the 
amount of $600 shall be payable with respect to a qualified employee 
for a period in which the individual received unemployment benefits 
under paragraph (1)(A).''.
    (d) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of the CARES Act (15 U.S.C. 9001 
note).

                   TITLE IV--SMALL BUSINESS PROGRAMS

SEC. 4001. SMALL BUSINESS RECOVERY.

    (a) Short Title.--This section may be cited as the ``Continuing the 
Paycheck Protection Program Act''.
    (b) Definitions.--In this section:
            (1) Administration; administrator.--The terms 
        ``Administration'' and ``Administrator'' mean the Small 
        Business Administration and the Administrator thereof, 
        respectively.
            (2) Small business concern.--The term ``small business 
        concern'' has the meaning given the term in section 3 of the 
        Small Business Act (15 U.S.C. 632).
    (c) Emergency Rulemaking Authority.-- Not later than 30 days after 
the date of enactment of this Act, the Administrator shall issue 
regulations to carry out this section and the amendments made by this 
section without regard to the notice requirements under section 553(b) 
of title 5, United States Code.
    (d) Additional Eligible Expenses.--
            (1) Allowable use of ppp loan.--Section 7(a)(36)(F)(i) of 
        the Small Business Act (15 U.S.C. 636(a)(36)(F)(i)) is 
        amended--
                    (A) in subclause (VI), by striking ``and'' at the 
                end;
                    (B) in subclause (VII), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
                                    ``(VIII) covered operations 
                                expenditures, as defined in section 
                                1106(a) of the CARES Act (15 U.S.C. 
                                9005(a));
                                    ``(IX) covered property damage 
                                costs, as defined in such section 
                                1106(a);
                                    ``(X) covered supplier costs, as 
                                defined in such section 1106(a); and
                                    ``(XI) covered worker protection 
                                expenditures, as defined in such 
                                section 1106(a).''.
            (2) Loan forgiveness.--Section 1106 of the CARES Act (15 
        U.S.C. 9005) is amended--
                    (A) in subsection (a)--
                            (i) by redesignating paragraphs (6), (7), 
                        and (8) as paragraphs (10), (11), and (12), 
                        respectively;
                            (ii) by redesignating paragraph (5) as 
                        paragraph (8);
                            (iii) by redesignating paragraph (4) as 
                        paragraph (6);
                            (iv) by redesignating paragraph (3) as 
                        paragraph (4);
                            (v) by inserting after paragraph (2) the 
                        following:
            ``(3) the term `covered operations expenditure' means a 
        payment for any business software or cloud computing service 
        that facilitates business operations, product or service 
        delivery, the processing, payment, or tracking of payroll 
        expenses, human resources, sales and billing functions, or 
        accounting or tracking of supplies, inventory, records and 
        expenses;'';
                            (vi) by inserting after paragraph (4), as 
                        so redesignated, the following:
            ``(5) the term `covered property damage cost' means a cost 
        related to property damage and vandalism or looting due to 
        public disturbances that occurred during 2020 that was not 
        covered by insurance or other compensation;'';
                            (vii) by inserting after paragraph (6), as 
                        so redesignated, the following:
            ``(5) the term `covered supplier cost' means an expenditure 
        made by an entity to a supplier of goods pursuant to a contract 
        in effect before February 15, 2020 for the supply of goods that 
        are essential to the operations of the entity at the time at 
        which the expenditure is made;'';
                            (viii) by inserting after paragraph (8), as 
                        so redesignated, the following:
            ``(9) the term `covered worker protection expenditure'--
                    ``(A) means an operating or a capital expenditure 
                that is required to facilitate the adaptation of the 
                business activities of an entity to comply with 
                requirements established or guidance issued by the 
                Department of Health and Human Services, the Centers 
                for Disease Control, or the Occupational Safety and 
                Health Administration during the period beginning on 
                March 1, 2020 and ending December 31, 2020 related to 
                the maintenance of standards for sanitation, social 
                distancing, or any other worker or customer safety 
                requirement related to COVID-19;
                    ``(B) may include--
                            ``(i) the purchase, maintenance, or 
                        renovation of assets that create or expand--
                                    ``(I) a drive-through window 
                                facility;
                                    ``(II) an indoor, outdoor, or 
                                combined air or air pressure 
                                ventilation or filtration system;
                                    ``(III) a physical barrier such as 
                                a sneeze guard;
                                    ``(IV) an indoor, outdoor, or 
                                combined commercial real property;
                                    ``(V) an onsite or offsite health 
                                screening capability; or
                                    ``(VI) other assets relating to the 
                                compliance with the requirements or 
                                guidance described in subparagraph (A), 
                                as determined by the Administrator in 
                                consultation with the Secretary of 
                                Health and Human Services and the 
                                Secretary of Labor; and
                            ``(ii) the purchase of--
                                    ``(I) covered materials described 
                                in section 328.103(a) of title 44, Code 
                                of Federal Regulations, or any 
                                successor regulation;
                                    ``(II) particulate filtering 
                                facepiece respirators approved by the 
                                National Institute for Occupational 
                                Safety and Health, including those 
                                approved only for emergency use 
                                authorization; or
                                    ``(III) other kinds of personal 
                                protective equipment, as determined by 
                                the Administrator in consultation with 
                                the Secretary of Health and Human 
                                Services and the Secretary of Labor; 
                                and
                    ``(C) does not include residential real property or 
                intangible property;''; and
                            (ix) in paragraph (11), as so 
                        redesignated--
                                    (I) in subparagraph (C), by 
                                striking ``and'' at the end;
                                    (II) in subparagraph (D), by 
                                striking ``and'' at the end; and
                                    (III) by adding at the end the 
                                following:
                    ``(E) covered operations expenditures;
                    ``(F) covered property damage costs;
                    ``(G) covered supplier costs; and
                    ``(H) covered worker protection expenditures; 
                and'';
                    (B) in subsection (b), by adding at the end the 
                following:
            ``(5) Any covered operations expenditure.
            ``(6) Any covered property damage cost.
            ``(7) Any covered supplier cost.
            ``(8) Any covered worker protection expenditure.'';
                    (C) in subsection (d)(8), by inserting ``any 
                payment on any covered operations expenditure, any 
                payment on any covered property damage cost, any 
                payment on any covered supplier cost, any payment on 
                any covered worker protection expenditure,'' after 
                ``rent obligation,''; and
                    (D) in subsection (e)--
                            (i) in paragraph (2), by inserting 
                        ``payments on covered operations expenditures, 
                        payments on covered property damage costs, 
                        payments on covered supplier costs, payments on 
                        covered worker protection expenditures,'' after 
                        ``lease obligations,''; and
                            (ii) in paragraph (3)(B), by inserting 
                        ``make payments on covered operations 
                        expenditures, make payments on covered property 
                        damage costs, make payments on covered supplier 
                        costs, make payments on covered worker 
                        protection expenditures,'' after ``rent 
                        obligation,''.
    (e) Lender Safe Harbor.--Subsection (h) of section 1106 of the 
CARES Act (15 U.S.C. 9005) is amended to read as follows:
    ``(h) Hold Harmless.--
            ``(1) In general.--A lender may rely on any certification 
        or documentation submitted by an applicant for a covered loan 
        or an eligible recipient of a covered loan that--
                    ``(A) is submitted pursuant to any statutory 
                requirement relating to covered loans or any rule or 
                guidance issued to carry out any action relating to 
                covered loans; and
                    ``(B) attests that the applicant or eligible 
                recipient, as applicable, has accurately verified any 
                certification or documentation provided to the lender.
            ``(2) No enforcement action.--With respect to a lender that 
        relies on a certification or documentation described in 
        paragraph (1)--
                    ``(A) an enforcement action may not be taken 
                against the lender acting in good faith relating to 
                origination or forgiveness of a covered loan based on 
                such reliance; and
                    ``(B) the lender acting in good faith shall not be 
                subject to any penalties relating to origination or 
                forgiveness of a covered loan based on such 
                reliance.''.
    (f) Selection of Covered Period for Forgiveness.--Section 1106 of 
the CARES Act (15 U.S.C. 9005) is amended--
            (1) by amending paragraph (4) of subsection (a), as so 
        redesignated by subsection (d) of this section, to read as 
        follows:
            ``(4) the term `covered period' means the period--
                    ``(A) beginning on the date of the origination of a 
                covered loan; and
                    ``(B) ending on a date selected by the eligible 
                recipient of the covered loan that occurs during the 
                period--
                            ``(i) beginning on the date that is 8 weeks 
                        after such date of origination; and
                            ``(ii) ending on December 31, 2020;''; and
            (2) by striking subsection (l).
    (g) Simplified Application.--Section 1106 of the CARES Act (15 
U.S.C. 9005), as amended by subsection (f) of this section, is 
amended--
            (1) in subsection (e), in the matter preceding paragraph 
        (1), by striking ``An eligible'' and inserting ``Except as 
        provided in subsection (l), an eligible'';
            (2) in subsection (f), by inserting ``or the information 
        required under subsection (l), as applicable'' after 
        ``subsection (e)''; and
            (3) by adding at the end the following:
    ``(l) Simplified Application.--
            ``(1) Covered loans under $150,000.--
                    ``(A) In general.--Notwithstanding subsection (e), 
                with respect to a covered loan made to an eligible 
                recipient that is not more than $150,000, the covered 
                loan amount shall be forgiven under this section if the 
                eligible recipient--
                            ``(i) signs and submits to the lender a 
                        one-page online or paper form, to be 
                        established by the Administrator not later than 
                        7 days after the date of enactment of the 
                        Continuing the Paycheck Protection Program Act, 
                        that--
                                    ``(I) reports the amount of the 
                                covered loan amount spent by the 
                                eligible recipient--
                                            ``(aa) on payroll costs; 
                                        and
                                            ``(bb) on the sum of--

                                                    ``(AA) payments of 
                                                interest on any covered 
                                                mortgage obligation 
                                                (which shall not 
                                                include any prepayment 
                                                of or payment of 
                                                principal on a covered 
                                                mortgage obligation);

                                                    ``(BB) payments on 
                                                any covered rent 
                                                obligation;

                                                    ``(CC) covered 
                                                utility payments;

                                                    ``(DD) covered 
                                                operations 
                                                expenditures;

                                                    ``(EE) covered 
                                                property damage costs;

                                                    ``(FF) covered 
                                                supplier costs; and

                                                    ``(GG) covered 
                                                worker protection 
                                                expenditures; and

                                    ``(II) attests that the eligible 
                                recipient made a good faith effort to 
                                comply with the requirements under 
                                section 7(a)(36) of the Small Business 
                                Act (15 U.S.C. 636(a)(36)); and
                            ``(ii) retains records relevant to the form 
                        that prove compliance with those requirements--
                                    ``(I) with respect to employment 
                                records, for the 4-year period 
                                following submission of the form; and
                                    ``(II) with respect to other 
                                records, for the 3-year period 
                                following submission of the form.
                    ``(B) Demographic information.--An eligible 
                recipient of a covered loan described in subparagraph 
                (A) may complete and submit any form related to 
                borrower demographic information.
                    ``(C) Audit.--The Administrator may--
                            ``(i) review and audit covered loans 
                        described in subparagraph (A); and
                            ``(ii) in the case of fraud, ineligibility, 
                        or other material noncompliance with applicable 
                        loan or loan forgiveness requirements, modify--
                                    ``(I) the amount of a covered loan 
                                described in subparagraph (A); or
                                    ``(II) the loan forgiveness amount 
                                with respect to a covered loan 
                                described in subparagraph (A).
            ``(2) Covered loans between $150,000 and $2,000,000.--
                    ``(A) In general.--Notwithstanding subsection (e), 
                with respect to a covered loan made to an eligible 
                recipient that is more than $150,000 and not more than 
                $2,000,000--
                            ``(i) the eligible recipient seeking loan 
                        forgiveness under this section--
                                    ``(I) is not required to submit the 
                                supporting documentation described in 
                                paragraph (1) or (2) of subsection (e) 
                                or the certification described in 
                                subsection (e)(3)(A);
                                    ``(II) shall retain--
                                            ``(aa) all employment 
                                        records relevant to the 
                                        application for loan 
                                        forgiveness for the 4-year 
                                        period following submission of 
                                        the application; and
                                            ``(bb) all other supporting 
                                        documentation relevant to the 
                                        application for loan 
                                        forgiveness for the 3-year 
                                        period following submission of 
                                        the application; and
                                    ``(III) may complete and submit any 
                                form related to borrower demographic 
                                information;
                            ``(ii) review by the lender of an 
                        application submitted by the eligible recipient 
                        for loan forgiveness under this section shall 
                        be limited to whether the lender received a 
                        complete application, with all fields 
                        completed, initialed, or signed, as applicable; 
                        and
                            ``(iii) the lender shall--
                                    ``(I) accept the application 
                                submitted by the eligible recipient for 
                                loan forgiveness under this section; 
                                and
                                    ``(II) submit the application to 
                                the Administrator.
                    ``(B) Audit.--The Administrator may--
                            ``(i) review and audit covered loans 
                        described in subparagraph (A); and
                            ``(ii) in the case of fraud, ineligibility, 
                        or other material noncompliance with applicable 
                        loan or loan forgiveness requirements, modify--
                                    ``(I) the amount of a covered loan 
                                described in subparagraph (A); or
                                    ``(II) the loan forgiveness amount 
                                with respect to a covered loan 
                                described in subparagraph (A).
            ``(3) Audit plan.--
                    ``(A) In general.--Not later than 30 days after the 
                date of enactment of the Continuing the Paycheck 
                Protection Program Act, the Administrator shall submit 
                to the Committee on Small Business and Entrepreneurship 
                of the Senate and the Committee on Small Business of 
                the House of Representatives an audit plan that 
                details--
                            ``(i) the policies and procedures of the 
                        Administrator for conducting reviews and audits 
                        of covered loans; and
                            ``(ii) the metrics that the Administrator 
                        shall use to determine which covered loans will 
                        be audited for each category of covered loans 
                        described in paragraphs (1) and (2).
                    ``(B) Reports.--Not later than 30 days after the 
                date on which the Administrator submits the audit plan 
                required under subparagraph (A), and each month 
                thereafter, the Administrator shall submit to the 
                Committee on Small Business and Entrepreneurship of the 
                Senate and the Committee on Small Business of the House 
                of Representatives a report on the review and audit 
                activities of the Administrator under this subsection, 
                which shall include--
                            ``(i) the number of active reviews and 
                        audits;
                            ``(ii) the number of reviews and audits 
                        that have been ongoing for more than 60 days; 
                        and
                            ``(iii) any substantial changes made to the 
                        audit plan submitted under subparagraph (A).''.
    (h) Group Insurance Payments as Payroll Costs.--Section 
7(a)(36)(A)(viii)(I)(aa)(EE) of the Small Business Act (15 U.S.C. 
636(a)(36)(A)(viii)(I)(aa)(EE)) is amended by inserting ``and other 
group insurance'' before ``benefits''.
    (i) Paycheck Protection Program Second Draw Loans.--Section 7(a) of 
the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the 
end the following:
            ``(37) Paycheck protection program second draw loans.--
                    ``(A) Definitions.--In this paragraph--
                            ``(i) the terms `community financial 
                        institutions', `credit union', `eligible self-
                        employed individual', `insured depository 
                        institution', `nonprofit organization', 
                        `payroll costs', `seasonal employer', and 
                        `veterans organization' have the meanings given 
                        those terms in paragraph (36), except that 
                        `eligible entity' shall be substituted for 
                        `eligible recipient' each place it appears in 
                        the definitions of those terms;
                            ``(ii) the term `covered loan' means a loan 
                        made under this paragraph;
                            ``(iii) the terms `covered mortgage 
                        obligation', `covered operating expenditure', 
                        `covered property damage cost', `covered rent 
                        obligation', `covered supplier cost', `covered 
                        utility payment', and `covered worker 
                        protection expenditure' have the meanings given 
                        those terms in section 1106(a) of the CARES Act 
                        (15 U.S.C. 9005(a));
                            ``(iv) the term `covered period' means the 
                        period beginning on the date of the origination 
                        of a covered loan and ending on December 31, 
                        2020;
                            ``(v) the term `eligible entity'--
                                    ``(I) means any business concern, 
                                nonprofit organization, veterans 
                                organization, Tribal business concern, 
                                eligible self-employed individual, sole 
                                proprietor, independent contractor, or 
                                small agricultural cooperative that--
                                            ``(aa)(AA) with respect to 
                                        a business concern, would 
                                        qualify as a small business 
                                        concern by the annual receipts 
                                        size standard (if applicable) 
                                        established by section 121.201 
                                        of title 13, Code of Federal 
                                        Regulations, or any successor 
                                        regulation; or
                                            ``(BB) if the entity does 
                                        not qualify as a small business 
                                        concern, meets the alternative 
                                        size standard established under 
                                        section 3(a)(5);
                                            ``(bb) employs not more 
                                        than 300 employees; and
                                            ``(cc)(AA) except as 
                                        provided in subitems (BB), 
                                        (CC), and (DD), had gross 
                                        receipts during the first or 
                                        second quarter in 2020 that are 
                                        not less than 35 percent less 
                                        than the gross receipts of the 
                                        entity during the same quarter 
                                        in 2019;
                                            ``(BB) if the entity was 
                                        not in business during the 
                                        first or second quarter of 
                                        2019, but was in business 
                                        during the third and fourth 
                                        quarter of 2019, had gross 
                                        receipts during the first or 
                                        second quarter of 2020 that are 
                                        less than 35 percent of the 
                                        amount of the gross receipts of 
                                        the entity during the third or 
                                        fourth quarter of 2019;
                                            ``(CC) if the entity was 
                                        not in business during the 
                                        first, second, or third quarter 
                                        of 2019, but was in business 
                                        during the fourth quarter of 
                                        2019, had gross receipts during 
                                        the first or second quarter of 
                                        2020 that are less than 35 
                                        percent of the amount of the 
                                        gross receipts of the entity 
                                        during the fourth quarter of 
                                        2019; or
                                            ``(DD) if the entity was 
                                        not in business during 2019, 
                                        but was in operation on 
                                        February 15, 2020, had gross 
                                        receipts during the second 
                                        quarter of 2020 that are less 
                                        than 35 percent of the amount 
                                        of the gross receipts of the 
                                        entity during the first quarter 
                                        of 2020;
                                    ``(II) includes an organization 
                                described in subparagraph (D)(vii) of 
                                paragraph (36) that is eligible to 
                                receive a loan under that paragraph and 
                                that meets the requirements described 
                                in items (aa) and (cc) of subclause 
                                (I); and
                                    ``(III) does not include--
                                            ``(aa) an issuer, the 
                                        securities of which are listed 
                                        on an exchange registered a 
                                        national securities exchange 
                                        under section 6 of the 
                                        Securities Exchange Act of 1934 
                                        (15 U.S.C. 78f);
                                            ``(bb) any entity that--

                                                    ``(AA) is a type of 
                                                business concern 
                                                described in subsection 
                                                (b), (c), (d), (e), 
                                                (f), (h), (l) (m), (p), 
                                                (q), (r), or (s) of 
                                                section 120.110 of 
                                                title 13, Code of 
                                                Federal Regulations, or 
                                                any successor 
                                                regulation;

                                                    ``(BB) is a type of 
                                                business concern 
                                                described in section 
                                                120.110(g) of title 13, 
                                                Code of Federal 
                                                Regulations, or any 
                                                successor regulation, 
                                                except as otherwise 
                                                provided in the interim 
                                                final rule of the 
                                                Administration entitled 
                                                `Business Loan Program 
                                                Temporary Changes; 
                                                Paycheck Protection 
                                                Program--Additional 
                                                Eligibility Criteria 
                                                and Requirements for 
                                                Certain Pledges of 
                                                Loans' (85 Fed. Reg. 
                                                21747 (April 20, 
                                                2020));

                                                    ``(CC) is a type of 
                                                business concern 
                                                described in section 
                                                120.110(i) of title 13, 
                                                Code of Federal 
                                                Regulations, or any 
                                                successor regulation, 
                                                except if the business 
                                                concern is an 
                                                organization described 
                                                in paragraph 
                                                (36)(D)(vii);

                                                    ``(DD) is a type of 
                                                business concern 
                                                described in section 
                                                120.110(j) of title 13, 
                                                Code of Federal 
                                                Regulations, or any 
                                                successor regulation, 
                                                except as otherwise 
                                                provided in the interim 
                                                final rules of the 
                                                Administration entitled 
                                                `Business Loan Program 
                                                Temporary Changes; 
                                                Paycheck Protection 
                                                Program--Eligibility of 
                                                Certain Electric 
                                                Cooperatives' (85 Fed. 
                                                Reg. 29847 (May 19, 
                                                2020)) and `Business 
                                                Loan Program Temporary 
                                                Changes; Paycheck 
                                                Protection Program--
                                                Eligibility of Certain 
                                                Telephone Cooperatives' 
                                                (85 Fed. Reg. 35550 
                                                (June 11, 2020)) or any 
                                                other guidance or rule 
                                                issued or that may be 
                                                issued by the 
                                                Administrator;

                                                    ``(EE) is a type of 
                                                business concern 
                                                described in section 
                                                120.110(n) of title 13, 
                                                Code of Federal 
                                                Regulations, or any 
                                                successor regulation, 
                                                except as otherwise 
                                                provided in the interim 
                                                final rule of the 
                                                Administration entitled 
                                                `Business Loan Program 
                                                Temporary Changes; 
                                                Paycheck Protection 
                                                Program--Additional 
                                                Eligibility Revisions 
                                                to First Interim Final 
                                                Rule' (85 Fed. Reg. 
                                                38301 (June 26, 2020)) 
                                                or any other guidance 
                                                or rule issued or that 
                                                may be issued by the 
                                                Administrator;

                                                    ``(FF) is a type of 
                                                business concern 
                                                described in section 
                                                120.110(o) of title 13, 
                                                Code of Federal 
                                                Regulations, or any 
                                                successor regulation, 
                                                except as otherwise 
                                                provided in any 
                                                guidance or rule issued 
                                                or that may be issued 
                                                by the Administrator; 
                                                or

                                                    ``(GG) is an entity 
                                                that would be described 
                                                in the subsections 
                                                listed in subitems (AA) 
                                                through (FF) if the 
                                                entity were a business 
                                                concern; or

                                                    ``(HH) is assigned, 
                                                or was approved for a 
                                                loan under paragraph 
                                                (36) with, a North 
                                                American Industry 
                                                Classification System 
                                                code beginning with 52;

                                            ``(cc) any business concern 
                                        or entity primarily engaged in 
                                        political or lobbying 
                                        activities, which shall include 
                                        any entity that is organized 
                                        for research or for engaging in 
                                        advocacy in areas such as 
                                        public policy or political 
                                        strategy or otherwise describes 
                                        itself as a think tank in any 
                                        public documents; or
                                            ``(dd) any business concern 
                                        or entity--

                                                    ``(AA) for which an 
                                                entity created in or 
                                                organized under the 
                                                laws of the People's 
                                                Republic of China or 
                                                the Special 
                                                Administrative Region 
                                                of Hong Kong, or that 
                                                has significant 
                                                operations in the 
                                                People's Republic of 
                                                China or the Special 
                                                Administrative Region 
                                                of Hong Kong, owns or 
                                                holds, directly or 
                                                indirectly, not less 
                                                than 20 percent of the 
                                                economic interest of 
                                                the business concern or 
                                                entity, including as 
                                                equity shares or a 
                                                capital or profit 
                                                interest in a limited 
                                                liability company or 
                                                partnership; or

                                                    ``(BB) that 
                                                retains, as a member of 
                                                the board of directors 
                                                of the business 
                                                concern, a person who 
                                                is a resident of the 
                                                People's Republic of 
                                                China;

                            ``(vi) the terms `exchange', `issuer', and 
                        `security' have the meanings given those terms 
                        in section 3(a) of the Securities Exchange Act 
                        of 1934 (15 U.S.C. 78c(a)); and
                            ``(vii) the term `Tribal business concern' 
                        means a Tribal business concern described in 
                        section 31(b)(2)(C).
                    ``(B) Loans.--Except as otherwise provided in this 
                paragraph, the Administrator may guarantee covered 
                loans to eligible entities under the same terms, 
                conditions, and processes as a loan made under 
                paragraph (36).
                    ``(C) Maximum loan amount.--
                            ``(i) In general.--Except as otherwise 
                        provided in this subparagraph, the maximum 
                        amount of a covered loan made to an eligible 
                        entity is the lesser of--
                                    ``(I) the product obtained by 
                                multiplying--
                                            ``(aa) at the election of 
                                        the eligible entity, the 
                                        average total monthly payment 
                                        for payroll costs incurred or 
                                        paid by the eligible entity 
                                        during--

                                                    ``(AA) the 1-year 
                                                period before the date 
                                                on which the loan is 
                                                made; or

                                                    ``(BB) calendar 
                                                year 2019; by

                                            ``(bb) 2.5; or
                                    ``(II) $2,000,000.
                            ``(ii) Seasonal employers.--The maximum 
                        amount of a covered loan made to an eligible 
                        entity that is a seasonal employer is the 
                        lesser of--
                                    ``(I) the product obtained by 
                                multiplying--
                                            ``(aa) at the election of 
                                        the eligible entity, the 
                                        average total monthly payments 
                                        for payroll costs incurred or 
                                        paid by the eligible entity--

                                                    ``(AA) for a 12-
                                                week period beginning 
                                                February 15, 2019 or 
                                                March 1, 2019 and 
                                                ending June 30, 2019; 
                                                or

                                                    ``(BB) for a 
                                                consecutive 12-week 
                                                period between May 1, 
                                                2019 and September 15, 
                                                2019; by

                                            ``(bb) 2.5; or
                                    ``(II) $2,000,000.
                            ``(iii) New entities.--The maximum amount 
                        of a covered loan made to an eligible entity 
                        that did not exist during the 1-year period 
                        preceding February 15, 2020 is the lesser of--
                                    ``(I) the product obtained by 
                                multiplying--
                                            ``(aa) the quotient 
                                        obtained by dividing--

                                                    ``(AA) the sum of 
                                                the total monthly 
                                                payments by the 
                                                eligible entity for 
                                                payroll costs paid or 
                                                incurred by the 
                                                eligible entity as of 
                                                the date on which the 
                                                eligible entity applies 
                                                for the covered loan; 
                                                by

                                                    ``(BB) the number 
                                                of months in which 
                                                those payroll costs 
                                                were paid or incurred; 
                                                by

                                            ``(bb) 2.5; or
                                    ``(II) $2,000,000.
                            ``(iv) Limit for multiple locations.--With 
                        respect to an eligible entity with more than 1 
                        physical location, the total amount of all 
                        covered loans shall be not more than 
                        $2,000,000.
                            ``(v) Loan number limitation.--An eligible 
                        entity may only receive 1 covered loan.
                            ``(vi) 90 day rule for maximum loan 
                        amount.--The maximum aggregate loan amount of 
                        loans guaranteed under this subsection that are 
                        approved for an eligible entity (including any 
                        affiliates) within 90 days of approval of 
                        another loan under this subsection for the 
                        eligible entity (including any affiliates) 
                        shall not exceed $10,000,000.
                    ``(D) Exception from certain certification 
                requirements.--An eligible entity applying for a 
                covered loan shall not be required to make the 
                certification described in subclause (III) or (IV) of 
                paragraph (36)(G)(i).
                    ``(E) Fee waiver.--With respect to a covered loan--
                            ``(i) in lieu of the fee otherwise 
                        applicable under paragraph (23)(A), the 
                        Administrator shall collect no fee; and
                            ``(ii) in lieu of the fee otherwise 
                        applicable under paragraph (18)(A), the 
                        Administrator shall collect no fee.
                    ``(F) Eligible churches and religious 
                organizations.--
                            ``(i) Sense of congress.--It is the sense 
                        of Congress that the interim final rule of the 
                        Administration entitled `Business Loan Program 
                        Temporary Changes; Paycheck Protection Program' 
                        (85 Fed. Reg. 20817 (April 15, 2020)) properly 
                        clarified the eligibility of churches and 
                        religious organizations for loans made under 
                        paragraph (36).
                            ``(ii) Applicability of prohibition.--The 
                        prohibition on eligibility established by 
                        section 120.110(k) of title 13, Code of Federal 
                        Regulations, or any successor regulation, shall 
                        not apply to a covered loan.
                    ``(G) Gross receipts for nonprofit and veterans 
                organizations.--For purposes of calculating gross 
                receipts under subparagraph (A)(v)(I)(cc) for an 
                eligible entity that is a nonprofit organization, a 
                veterans organization, or an organization described in 
                subparagraph (A)(v)(II), gross receipts--
                            ``(i) shall include proceeds from 
                        fundraising events, federated campaigns, gifts, 
                        donor-advised funds, and funds from similar 
                        sources; and
                            ``(ii) shall not include--
                                    ``(I) Federal grants (excluding any 
                                loan forgiveness on loans received 
                                under paragraph (36) or this 
                                paragraph);
                                    ``(II) revenues from a supporting 
                                organization;
                                    ``(III) grants from private 
                                foundations that are disbursed over the 
                                course of more than 1 calendar year; or
                                    ``(IV) any contribution of property 
                                other than money, stocks, bonds, and 
                                other securities, provided that the 
                                non-cash contribution is not sold by 
                                the organization in a transaction 
                                unrelated to the tax-exempt purpose of 
                                the organization.
                    ``(H) Loan forgiveness.--
                            ``(i) In general.--Except as otherwise 
                        provided in this subparagraph, an eligible 
                        entity shall be eligible for forgiveness of 
                        indebtedness on a covered loan in the same 
                        manner as an eligible recipient with respect to 
                        a loan made under paragraph (36), as described 
                        in section 1106 of the CARES Act (15 U.S.C. 
                        9005).
                            ``(ii) Forgiveness amount.--An eligible 
                        entity shall be eligible for forgiveness of 
                        indebtedness on a covered loan in an amount 
                        equal to the sum of the following costs 
                        incurred or expenditures made during the 
                        covered period:
                                    ``(I) Payroll costs.
                                    ``(II) Any payment of interest on 
                                any covered mortgage obligation (which 
                                shall not include any prepayment of or 
                                payment of principal on a covered 
                                mortgage obligation).
                                    ``(III) Any covered operations 
                                expenditure.
                                    ``(IV) Any covered property damage 
                                cost.
                                    ``(V) Any payment on any covered 
                                rent obligation.
                                    ``(VI) Any covered utility payment.
                                    ``(VII) Any covered supplier cost.
                                    ``(VIII) Any covered worker 
                                protection expenditure.
                            ``(iii) Limitation on forgiveness for all 
                        eligible entities.--The forgiveness amount 
                        under this subparagraph shall be equal to the 
                        lesser of--
                                    ``(I) the amount described in 
                                clause (ii); and
                                    ``(II) the amount equal to the 
                                quotient obtained by dividing--
                                            ``(aa) the amount of the 
                                        covered loan used for payroll 
                                        costs during the covered 
                                        period; and
                                            ``(bb) 0.60.
                    ``(I) Lender eligibility.--Except as otherwise 
                provided in this paragraph, a lender approved to make 
                loans under paragraph (36) may make covered loans under 
                the same terms and conditions as in paragraph (36).
                    ``(J) Reimbursement for loan processing and 
                servicing.--The Administrator shall reimburse a lender 
                authorized to make a covered loan in an amount that 
                is--
                            ``(i) 3 percent of the principal amount of 
                        the financing of the covered loan up to 
                        $350,000; and
                            ``(ii) 1 percent of the principal amount of 
                        the financing of the covered loan above 
                        $350,000, if applicable.
                    ``(K) Set aside for small entities.--Not less than 
                $25,000,000,000 of the total amount of covered loans 
                guaranteed by the Administrator shall be made to 
                eligible entities with not more than 10 employees as of 
                February 15, 2020.
                    ``(L) Set aside for community financial 
                institutions, small insured depository institutions, 
                credit unions, and farm credit system institutions.--
                Not less than $10,000,000,000 of the total amount of 
                covered loans guaranteed by the Administrator shall be 
                made by--
                            ``(i) community financial institutions;
                            ``(ii) insured depository institutions with 
                        consolidated assets of less than 
                        $10,000,000,000;
                            ``(iii) credit unions with consolidated 
                        assets of less than $10,000,000,000; and
                            ``(iv) institutions of the Farm Credit 
                        System chartered under the Farm Credit Act of 
                        1971 (12 U.S.C. 2001 et seq.) with consolidated 
                        assets of less than $10,000,000,000 (not 
                        including the Federal Agricultural Mortgage 
                        Corporation).
                    ``(M) Publication of guidance.--Not later than 10 
                days after the date of enactment of this paragraph, the 
                Administrator shall issue guidance addressing barriers 
                to accessing capital for minority, underserved, 
                veteran, and women-owned business concerns for the 
                purpose of ensuring equitable access to covered loans.
                    ``(N) Standard operating procedure.--The 
                Administrator shall, to the maximum extent practicable, 
                allow a lender approved to make covered loans to use 
                existing program guidance and standard operating 
                procedures for loans made under this subsection.
                    ``(O) Prohibition on use of proceeds for lobbying 
                activities.--None of the proceeds of a covered loan may 
                be used for--
                            ``(i) lobbying activities, as defined in 
                        section 3 of the Lobbying Disclosure Act of 
                        1995 (2 U.S.C. 1602);
                            ``(ii) lobbying expenditures related to a 
                        State or local election; or
                            ``(iii) expenditures designed to influence 
                        the enactment of legislation, appropriations, 
                        regulation, administrative action, or Executive 
                        order proposed or pending before Congress or 
                        any State government, State legislature, or 
                        local legislature or legislative body.''.
    (j) Continued Access to the Paycheck Protection Program.--
            (1) In general.--Section 7(a)(36)(E)(ii) of the Small 
        Business Act (15 U.S.C. 636(a)(36)(E)(ii)) is amended by 
        striking ``$10,000,000'' and inserting ``$2,000,000''.
            (2) Applicability of maximum loan amount calculation.--
                    (A) Definitions.--In this paragraph, the terms 
                ``covered loan'' and ``eligible recipient'' have the 
                meanings given those terms in section 7(a)(36) of the 
                Small Business Act (15 U.S.C. 636(a)(36)).
                    (B) Applicability.--The amendment made by paragraph 
                (1) shall apply only with respect to a covered loan 
                applied for by an eligible recipient on or after the 
                date of enactment of this Act.
    (k) Increased Ability for Paycheck Protection Program Borrowers to 
Request an Increase in Loan Amount Due to Updated Regulations.--
            (1) Definitions.--In this subsection, the terms ``covered 
        loan'' and ``eligible recipient'' have the meanings given those 
        terms in section 7(a)(36) of the Small Business Act (15 U.S.C. 
        636(a)(36)).
            (2) Increased amount.--Notwithstanding the interim final 
        rule issued by the Administration entitled ``Business Loan 
        Program Temporary Changes; Paycheck Protection Program--Loan 
        Increases'' (85 Fed. Reg. 29842 (May 19, 2020)), an eligible 
        recipient of a covered loan that is eligible for an increased 
        covered loan amount as a result of any interim final rule that 
        allows for covered loan increases may submit a request for an 
        increase in the covered loan amount even if--
                    (A) the initial covered loan amount has been fully 
                disbursed; or
                    (B) the lender of the initial covered loan has 
                submitted to the Administration a Form 1502 report 
                related to the covered loan.
    (l) Calculation of Maximum Loan Amount for Farmers and Ranchers 
Under the Paycheck Protection Program.--
            (1) In general.--Section 7(a)(36) of the Small Business Act 
        (15 U.S.C. 636(a)(36)), as amended by subsection (j) of this 
        section, is amended--
                    (A) in subparagraph (E), in the matter preceding 
                clause (i), by striking ``During'' and inserting 
                ``Except as provided in subparagraph (T), during''; and
                    (B) by adding at the end the following:
                    ``(T) Calculation of maximum loan amount for 
                farmers and ranchers.--
                            ``(i) Definition.--In this subparagraph, 
                        the term `covered recipient' means an eligible 
                        recipient that--
                                    ``(I) operates as a sole 
                                proprietorship or as an independent 
                                contractor, or is an eligible self-
                                employed individual;
                                    ``(II) reports farm income or 
                                expenses on a Schedule F (or any 
                                equivalent successor schedule); and
                                    ``(III) was in business during the 
                                period beginning on February 15, 2019 
                                and ending on June 30, 2019.
                            ``(ii) No employees.--With respect to 
                        covered recipient without employees, the 
                        maximum covered loan amount shall be the lesser 
                        of--
                                    ``(I) the sum of--
                                            ``(aa) the product obtained 
                                        by multiplying--

                                                    ``(AA) the gross 
                                                income of the covered 
                                                recipient in 2019, as 
                                                reported on a Schedule 
                                                F (or any equivalent 
                                                successor schedule), 
                                                that is not more than 
                                                $100,000, divided by 
                                                12; and

                                                    ``(BB) 2.5; and

                                            ``(bb) the outstanding 
                                        amount of a loan under 
                                        subsection (b)(2) that was made 
                                        during the period beginning on 
                                        January 31, 2020 and ending on 
                                        April 3, 2020 that the borrower 
                                        intends to refinance under the 
                                        covered loan, not including any 
                                        amount of any advance under the 
                                        loan that is not required to be 
                                        repaid; or
                                    ``(II) $2,000,000.
                            ``(iii) With employees.--With respect to a 
                        covered recipient with employees, the maximum 
                        covered loan amount shall be calculated using 
                        the formula described in subparagraph (E), 
                        except that the gross income of the covered 
                        recipient described in clause (ii)(I)(aa)(AA) 
                        of this subparagraph, as divided by 12, shall 
                        be added to the sum calculated under 
                        subparagraph (E)(i)(I).
                            ``(iv) Recalculation.--A lender that made a 
                        covered loan to a covered recipient before the 
                        date of enactment of this subparagraph may, at 
                        the request of the covered recipient--
                                    ``(I) recalculate the maximum loan 
                                amount applicable to that covered loan 
                                based on the formula described in 
                                clause (ii) or (iii), as applicable, if 
                                doing so would result in a larger 
                                covered loan amount; and
                                    ``(II) provide the covered 
                                recipient with additional covered loan 
                                amounts based on that recalculation.''.
    (m) Farm Credit System Institutions.--
            (1) Definition of farm credit system institution.--In this 
        subsection, the term ``Farm Credit System institution''--
                    (A) means an institution of the Farm Credit System 
                chartered under the Farm Credit Act of 1971 (12 U.S.C. 
                2001 et seq.); and
                    (B) does not include the Federal Agricultural 
                Mortgage Corporation.
            (2) Facilitation of participation in ppp and second draw 
        loans.--
                    (A) Applicable rules.--Solely with respect to loans 
                under paragraphs (36) and (37) of section 7(a) of the 
                Small Business Act (15 U.S.C. 636(a)), Farm Credit 
                Administration regulations and guidance issued as of 
                July 14, 2020, and compliance with such regulations and 
                guidance, shall be deemed functionally equivalent to 
                requirements referenced in section 3(a)(iii)(II) of the 
                interim final rule of the Administration entitled 
                ``Business Loan Program Temporary Changes; Paycheck 
                Protection Program'' (85 Fed. Reg. 20811 (April 15, 
                2020)) or any similar requirement referenced in that 
                interim final rule in implementing such paragraph (37).
                    (B) Applicability of certain loan requirements.--
                For purposes of making loans under paragraph (36) or 
                (37) of section 7(a) of the Small Business Act (15 
                U.S.C. 636(a)) or forgiving those loans in accordance 
                with section 1106 of the CARES Act (15 U.S.C. 9005) and 
                subparagraph (H) of such paragraph (37), sections 4.13, 
                4.14, and 4.14A of the Farm Credit Act of 1971 (12 
                U.S.C. 2199, 2202, 2202a) (including regulations issued 
                under those sections) shall not apply.
                    (C) Risk weight.--
                            (i) In general.--With respect to the 
                        application of Farm Credit Administration 
                        capital requirements, a loan described in 
                        clause (ii)--
                                    (I) shall receive a risk weight of 
                                zero percent; and
                                    (II) shall not be included in the 
                                calculation of any applicable leverage 
                                ratio or other applicable capital ratio 
                                or calculation.
                            (ii) Loans described.--A loan referred to 
                        in clause (i) is--
                                    (I) a loan made by a Farm Credit 
                                Bank described in section 1.2(a) of the 
                                Farm Credit Act of 1971 (12 U.S.C. 
                                2002(a)) to a Federal Land Bank 
                                Association, a Production Credit 
                                Association, or an agricultural credit 
                                association described in that section 
                                to make loans under paragraph (36) or 
                                (37) of section 7(a) of the Small 
                                Business Act (15 U.S.C. 636(a)) or 
                                forgive those loans in accordance with 
                                section 1106 of the CARES Act (15 
                                U.S.C. 9005) and subparagraph (H) of 
                                such paragraph (37); or
                                    (II) a loan made by a Federal Land 
                                Bank Association, a Production Credit 
                                Association, an agricultural credit 
                                association, or the bank for 
                                cooperatives described in section 
                                1.2(a) of the Farm Credit Act of 1971 
                                (12 U.S.C. 2002(a)) under paragraph 
                                (36) or (37) of section 7(a) of the 
                                Small Business Act (15 U.S.C. 636(a)).
                    (D) Reservation of loan guarantees.--Section 
                7(a)(36)(S) of the Small Business Act (15 U.S.C. 
                636(a)(36)(S)) is amended--
                            (i) in clause (i)--
                                    (I) in subclause (I), by striking 
                                ``and'' at the end;
                                    (II) in subclause (II), by striking 
                                the period at the end and inserting ``; 
                                and''; and
                                    (III) by adding at the end the 
                                following:
                                    ``(III) institutions of the Farm 
                                Credit System chartered under the Farm 
                                Credit Act of 1971 (12 U.S.C. 2001 et 
                                seq.) with consolidated assets of not 
                                less than $10,000,000,000 and less than 
                                $50,000,000,000.''; and
                            (ii) in clause (ii)--
                                    (I) in subclause (II), by striking 
                                ``and'' at the end;
                                    (II) in subclause (III), by 
                                striking the period at the end and 
                                inserting ``; and''; and
                                    (III) by adding at the end the 
                                following:
                                    ``(IV) institutions of the Farm 
                                Credit System chartered under the Farm 
                                Credit Act of 1971 (12 U.S.C. 2001 et 
                                seq.) with consolidated assets of less 
                                than $10,000,000,000.''.
    (n) Definition of Seasonal Employer.--
            (1) PPP loans.--Section 7(a)(36)(A) of the Small Business 
        Act (15 U.S.C. 636(a)(36)(A)) is amended--
                    (A) in clause (xi), by striking ``and'' at the end;
                    (B) in clause (xii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(xiii) the term `seasonal employer' means 
                        an eligible recipient that--
                                    ``(I) does not operate for more 
                                than 7 months in any calendar year; or
                                    ``(II) during the preceding 
                                calendar year, had gross receipts for 
                                any 6 months of that year that were not 
                                more than 33.33 percent of the gross 
                                receipts of the employer for the other 
                                6 months of that year.''.
            (2) Loan forgiveness.--Paragraph (12) of section 1106(a) of 
        the CARES Act (15 U.S.C. 9005(a)), as so redesignated by 
        subsection (d)(2) of this section, is amended to read as 
        follows:
            ``(12) the terms `payroll costs' and `seasonal employer' 
        have the meanings given those terms in section 7(a)(36) of the 
        Small Business Act (15 U.S.C. 636(a)(36)).''.
    (o) Eligibility of 501(c)(6) Organizations for Loans Under the 
Paycheck Protection Program.--Section 7(a)(36)(D) of the Small Business 
Act (15 U.S.C. 636(a)(36)(D)) is amended--
            (1) in clause (v), by inserting ``or whether an 
        organization described in clause (vii) employs not more than 
        150 employees,'' after ``clause (i)(I),'';
            (2) in clause (vi), by inserting ``, an organization 
        described in clause (vii),'' after ``nonprofit organization''; 
        and
            (3) by adding at the end the following:
                            ``(vii) Eligibility for certain 501(c)(6) 
                        organizations.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), any 
                                organization that is described in 
                                section 501(c)(6) of the Internal 
                                Revenue Code and that is exempt from 
                                taxation under section 501(a) of such 
                                Code (excluding professional sports 
                                leagues and organizations with the 
                                purpose of promoting or participating 
                                in a political campaign or other 
                                activity) shall be eligible to receive 
                                a covered loan if--
                                            ``(aa) the organization 
                                        does not receive more than 10 
                                        percent of its receipts from 
                                        lobbying activities;
                                            ``(bb) the lobbying 
                                        activities of the organization 
                                        do not comprise more than 10 
                                        percent of the total activities 
                                        of the organization; and
                                            ``(cc) the organization 
                                        employs not more than 150 
                                        employees.
                                    ``(II) Destination marketing 
                                organizations.--Notwithstanding 
                                subclause (I), during the covered 
                                period, any destination marketing 
                                organization shall be eligible to 
                                receive a covered loan if--
                                            ``(aa) the destination 
                                        marketing organization does not 
                                        receive more than 10 percent of 
                                        its receipts from lobbying 
                                        activities;
                                            ``(bb) the lobbying 
                                        activities of the destination 
                                        marketing organization do not 
                                        comprise more than 10 percent 
                                        of the total activities of the 
                                        organization;
                                            ``(cc) the destination 
                                        marketing organization employs 
                                        not more than 150 employees; 
                                        and
                                            ``(dd) the destination 
                                        marketing organization--

                                                    ``(AA) is described 
                                                in section 501(c) of 
                                                the Internal Revenue 
                                                Code and is exempt from 
                                                taxation under section 
                                                501(a) of such Code; or

                                                    ``(BB) is a quasi-
                                                governmental entity or 
                                                is a political 
                                                subdivision of a State 
                                                or local government, 
                                                including any 
                                                instrumentality of 
                                                those entities.''.

    (p) Prohibition on Use of Loan Proceeds for Lobbying Activities.--
Section 7(a)(36)(F) of the Small Business Act (15 U.S.C. 636(a)(36)(F)) 
is amended by adding at the end the following:
                            ``(vi) Prohibition.--None of the proceeds 
                        of a covered loan may be used for--
                                    ``(I) lobbying activities, as 
                                defined in section 3 of the Lobbying 
                                Disclosure Act of 1995 (2 U.S.C. 1602);
                                    ``(II) lobbying expenditures 
                                related to a State or local election; 
                                or
                                    ``(III) expenditures designed to 
                                influence the enactment of legislation, 
                                appropriations, regulation, 
                                administrative action, or Executive 
                                order proposed or pending before 
                                Congress or any State government, State 
                                legislature, or local legislature or 
                                legislative body.''.
    (q) Effective Date; Applicability.--The amendments made to 
paragraph (36) of section 7(a) of the Small Business Act (15 U.S.C. 
636(a)) and title I of the CARES Act (Public Law 116-136) under this 
section shall be effective as if included in the CARES Act and shall 
apply to any loan made pursuant to section 7(a)(36) of the Small 
Business Act (15 U.S.C. 636(a)(36)).
    (r) Bankruptcy Provisions.--
            (1) In general.--Section 364 of title 11, United States 
        Code, is amended by adding at the end the following:
    ``(g)(1) The court, after notice and a hearing, may authorize a 
debtor in possession or a trustee that is authorized to operate the 
business of the debtor under section 1183, 1184, 1203, 1204, or 1304 of 
this title to obtain a loan under paragraph (36) or (37) of section 
7(a) of the Small Business Act (15 U.S.C. 636(a)), and such loan shall 
be treated as a debt to the extent the loan is not forgiven in 
accordance with section 1106 of the CARES Act (15 U.S.C. 9005) or 
subparagraph (H) of such paragraph (37), as applicable, with priority 
equal to a claim of the kind specified in subsection (c)(1) of this 
section.
    ``(2) The trustee may incur debt described in paragraph (1) 
notwithstanding any provision in a contract, prior order authorizing 
the trustee to incur debt under this section, prior order authorizing 
the trustee to use cash collateral under section 363, or applicable law 
that prohibits the debtor from incurring additional debt.
    ``(3) The court shall hold a hearing within 7 days after the filing 
and service of the motion to obtain a loan described in paragraph (1). 
Notwithstanding the Federal Rules of Bankruptcy Procedure, at such 
hearing, the court may grant relief on a final basis.''.
            (2) Allowance of administrative expenses.--Section 503(b) 
        of title 11, United States Code, is amended--
                    (A) in paragraph (8)(B), by striking ``and'' at the 
                end;
                    (B) in paragraph (9), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(10) any debt incurred under section 364(g)(1) of this 
        title.''.
            (3) Confirmation of plan for reorganization.--Section 1191 
        of title 11, United States Code, is amended by adding at the 
        end the following:
    ``(f) Special Provision Related to COVID-19 Pandemic.--
Notwithstanding section 1129(a)(9)(A) of this title and subsection (e) 
of this section, a plan that provides for payment of a claim of a kind 
specified in section 503(b)(10) of this title may be confirmed under 
subsection (b) of this section if the plan proposes to make payments on 
account of such claim when due under the terms of the loan giving rise 
to such claim.''.
            (4) Confirmation of plan for family farmers and 
        fishermen.--Section 1225 of title 11, United States Code, is 
        amended by adding at the end the following:
    ``(d) Notwithstanding section 1222(a)(2) of this title and 
subsection (b)(1) of this section, a plan that provides for payment of 
a claim of a kind specified in section 503(b)(10) of this title may be 
confirmed if the plan proposes to make payments on account of such 
claim when due under the terms of the loan giving rise to such 
claim.''.
            (5) Confirmation of plan for individuals.--Section 1325 of 
        title 11, United States Code, is amended by adding at the end 
        the following:
    ``(d) Notwithstanding section 1322(a)(2) of this title and 
subsection (b)(1) of this section, a plan that provides for payment of 
a claim of a kind specified in section 503(b)(10) of this title may be 
confirmed if the plan proposes to make payments on account of such 
claim when due under the terms of the loan giving rise to such 
claim.''.
            (6) Effective date; sunset.--
                    (A) Effective date.--The amendments made by 
                paragraphs (1) through (5) shall--
                            (i) take effect on the date on which the 
                        Administrator submits to the Director of the 
                        Executive Office for United States Trustees a 
                        written determination that, subject to 
                        satisfying any other eligibility requirements, 
                        any debtor in possession or trustee that is 
                        authorized to operate the business of the 
                        debtor under section 1183, 1184, 1203, 1204, or 
                        1304 of title 11, United States Code, would be 
                        eligible for a loan under paragraphs (36) and 
                        (37) of section 7(a) of the Small Business Act 
                        (15 U.S.C. 636(a)); and
                            (ii) apply to any case pending on or 
                        commenced on or after the date described in 
                        clause (i).
                    (B) Sunset.--
                            (i) In general.--If the amendments made by 
                        this subsection take effect under subparagraph 
                        (A), effective on the date that is 2 years 
                        after the date of enactment of this Act--
                                    (I) section 364 of title 11, United 
                                States Code, is amended by striking 
                                subsection (g);
                                    (II) section 503(b) of title 11, 
                                United States Code, is amended--
                                            (aa) in paragraph (8)(B), 
                                        by adding ``and'' at the end;
                                            (bb) in paragraph (9), by 
                                        striking ``; and'' at the end 
                                        and inserting a period; and
                                            (cc) by striking paragraph 
                                        (10);
                                    (III) section 1191 of title 11, 
                                United States Code, is amended by 
                                striking subsection (f);
                                    (IV) section 1225 of title 11, 
                                United States Code, is amended by 
                                striking subsection (d); and
                                    (V) section 1325 of title 11, 
                                United States Code, is amended by 
                                striking subsection (d).
                            (ii) Applicability.--Notwithstanding the 
                        amendments made by clause (i) of this 
                        subparagraph, if the amendments made by 
                        paragraphs (1), (2), (3), (4), and (5) take 
                        effect under subparagraph (A) of this 
                        paragraph, such amendments shall apply to any 
                        case under title 11, United States Code, 
                        commenced before the date that is 2 years after 
                        the date of enactment of this Act.
    (s) Oversight.--
            (1) Compliance with oversight requirements.--
                    (A) In general.--Except as provided in subparagraph 
                (B), on and after the date of enactment of this Act, 
                the Administrator shall comply with any data or 
                information requests or inquiries made by the 
                Comptroller General of the United States not later than 
                30 days (or such later date as the Comptroller General 
                may specify) after receiving the request or inquiry.
                    (B) Exception.--If the Administrator is unable to 
                comply with a request or inquiry described in 
                subparagraph (A) within the 30-day period or, if 
                applicable, later period described in that clause, the 
                Administrator shall, during that 30-day (or later) 
                period, submit to the Committee on Small Business and 
                Entrepreneurship of the Senate and the Committee on 
                Small Business of the House of Representatives a 
                notification that includes a detailed justification for 
                the inability of the Administrator to comply with the 
                request or inquiry.
            (2) Testimony.--Not later than the date that is 30 days 
        after the date of enactment of this Act, and every quarter 
        thereafter until the date that is 2 years after the date of 
        enactment of this Act, the Administrator and the Secretary of 
        the Treasury shall testify before the Committee on Small 
        Business and Entrepreneurship of the Senate and the Committee 
        on Small Business of the House of Representatives regarding 
        implementation of this section and the amendments made by this 
        section.
    (t) Conflicts of Interest.--
            (1) Definitions.--In this subsection:
                    (A) Controlling interest.--The term ``controlling 
                interest'' means owning, controlling, or holding not 
                less than 20 percent, by vote or value, of the 
                outstanding amount of any class of equity interest in 
                an entity.
                    (B) Covered entity.--
                            (i) Definition.--The term ``covered 
                        entity'' means an entity in which a covered 
                        individual directly or indirectly holds a 
                        controlling interest.
                            (ii) Treatment of securities.--For the 
                        purpose of determining whether an entity is a 
                        covered entity, the securities owned, 
                        controlled, or held by 2 or more individuals 
                        who are related as described in subparagraph 
                        (C)(ii) shall be aggregated.
                    (C) Covered individual.--The term ``covered 
                individual'' means--
                            (i) the President, the Vice President, the 
                        head of an Executive department, or a Member of 
                        Congress; and
                            (ii) the spouse, child, son-in-law, or 
                        daughter-in-law, as determined under applicable 
                        common law, of an individual described in 
                        clause (i).
                    (D) Executive department.--The term ``Executive 
                department'' has the meaning given the term in section 
                101 of title 5, United States Code.
                    (E) Member of congress.--The term ``Member of 
                Congress'' means a Member of the Senate or House of 
                Representatives, a Delegate to the House of 
                Representatives, and the Resident Commissioner from 
                Puerto Rico.
                    (F) Equity interest.--The term ``equity interest'' 
                means--
                            (i) a share in an entity, without regard to 
                        whether the share is--
                                    (I) transferable; or
                                    (II) classified as stock or 
                                anything similar;
                            (ii) a capital or profit interest in a 
                        limited liability company or partnership; or
                            (iii) a warrant or right, other than a 
                        right to convert, to purchase, sell, or 
                        subscribe to a share or interest described in 
                        clause (i) or (ii), respectively.
            (2) Requirement.--The principal executive officer and the 
        principal financial officer, or individuals performing similar 
        functions, of an entity seeking to enter a transaction made 
        under paragraph (36) or (37) of section 7(a) of the Small 
        Business Act (15 U.S.C. 636(a)), as added and amended by this 
        section, shall, before that transaction is approved, disclose 
        to the Administrator whether the entity is a covered entity.
            (3) Applicability.--The requirement under paragraph (2)--
                    (A) shall apply with respect to any transaction 
                made under paragraph (36) or (37) of section 7(a) of 
                the Small Business Act (15 U.S.C. 636(a)), as added and 
                amended by this section, on or after the date of 
                enactment of this Act; and
                    (B) shall not apply with respect to--
                            (i) any transaction described in 
                        subparagraph (A) that was made before the date 
                        of enactment of this Act; or
                            (ii) forgiveness under section 1106 of the 
                        CARES Act (15 U.S.C. 9005) or any other 
                        provision of law of any loan associated with 
                        any transaction described in subparagraph (A) 
                        that was made before the date of enactment of 
                        this Act.
    (u) Commitment Authority and Appropriations.--
            (1) Commitment authority.--Section 1102(b) of the CARES Act 
        (Public Law 116-136) is amended--
                    (A) in paragraph (1)--
                            (i) in the paragraph heading, by inserting 
                        ``and second draw'' after ``PPP'';
                            (ii) by striking ``August 8, 2020'' and 
                        inserting ``December 31, 2020'';
                            (iii) by striking ``paragraph (36)'' and 
                        inserting ``paragraphs (36) and (37)''; and
                            (iv) by striking ``$659,000,000,000'' and 
                        inserting ``$816,640,000,000''; and
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Other 7(a) loans.--During fiscal year 2020, the 
        amount authorized for commitments for section 7(a) of the Small 
        Business Act (15 U.S.C. 636(a)) under the heading `Small 
        Business Administration--Business Loans Program Account' in the 
        Financial Services and General Government Appropriations Act, 
        2020 (division C of Public Law 116-193) shall apply with 
        respect to any commitments under such section 7(a) other than 
        under paragraphs (36) and (37) of such section 7(a).''.
            (2) Direct appropriations.--
                    (A) New direct appropriations for ppp loans, second 
                draw loans, and the mbda.--
                            (i) PPP and second draw loans.--There is 
                        appropriated, out of amounts in the Treasury 
                        not otherwise appropriated, for the fiscal year 
                        ending September 30, 2020, to remain available 
                        until September 30, 2021, for additional 
                        amounts--
                                    (I) $257,640,000,000 under the 
                                heading ``Small Business 
                                Administration--Business Loans Program 
                                Account, CARES Act'' for the cost of 
                                guaranteed loans as authorized under 
                                paragraph (36) and (37) of section 7(a) 
                                of the Small Business Act (15 U.S.C. 
                                636(a)), as amended and added by this 
                                Act;
                                    (II) $10,000,000 under the heading 
                                ``Department of Commerce--Minority 
                                Business Development Agency'' for 
                                minority business centers of the 
                                Minority Business Development Agency to 
                                provide technical assistance to small 
                                business concerns; and
                                    (III) $50,000,000 under the heading 
                                ``Small Business Administration--
                                Salaries and Expenses'' for the cost of 
                                carrying out reviews and audits of 
                                loans under subsection (l) of section 
                                1106 of the CARES Act (15 U.S.C. 9005), 
                                as amended by this Act.
                    (B) Availability of amounts appropriated for the 
                office of inspector general.--Section 1107(a)(3) of the 
                CARES Act (15 U.S.C. 9006(a)(3)) is amended by striking 
                ``September 20, 2024'' and inserting ``expended''.

                   TITLE V--POSTAL SERVICE ASSISTANCE

SEC. 5001. COVID-19 FUNDING FOR THE UNITED STATES POSTAL SERVICE.

    Section 6001 of the CARES Act (Public Law 116-136; 134 Stat. 281) 
is amended--
            (1) in the section heading, by striking ``borrowing 
        authority'' and inserting ``funding'';
            (2) by redesignating subsection (c) as subsection (e); and
            (3) by inserting after subsection (b) the following:
    ``(c) Availability of Amounts; No Repayment Required.--
Notwithstanding subsection (b) or any agreement entered into between 
the Secretary of the Treasury and the Postal Service under that 
subsection, the Postal Service--
            ``(1) may only use amounts borrowed under that subsection 
        if the Postal Service has less than $8,000,000,000 in cash on 
        hand; and
            ``(2) shall not be required to repay the amounts borrowed 
        under that subsection.
    ``(d) Certifications.--
            ``(1) Postal regulatory commission.--The Postal Service 
        shall certify in its quarterly and audited annual reports to 
        the Postal Regulatory Commission under section 3654 of title 
        39, United States Code, and in conformity with the requirements 
        of section 13 or 15(d) of the Securities Exchange Act of 1934 
        (15 U.S.C. 78m, 78o(d)), any expenditures made using amounts 
        borrowed under subsection (b) of this section.
            ``(2) Congress.--Not later than 15 days after filing a 
        report described in paragraph (1) with the Postal Regulatory 
        Commission, the Postal Service shall submit a copy of the 
        information required to be certified under that paragraph to 
        the Committee on Homeland Security and Governmental Affairs of 
        the Senate and the Committee on Oversight and Reform of the 
        House of Representatives.''.

              TITLE VI--EDUCATIONAL SUPPORT AND CHILD CARE

    Subtitle A--Emergency Education Freedom Grants; Tax Credits for 
      Contributions to Eligible Scholarship-granting Organizations

SEC. 6001. EMERGENCY EDUCATION FREEDOM GRANTS.

    (a) Definitions.--In this section:
            (1) Eligible scholarship-granting organization.--The term 
        ``eligible scholarship-granting organization'' means--
                    (A) an organization that--
                            (i) is described in section 501(c)(3) of 
                        the Internal Revenue Code of 1986 and exempt 
                        from taxation under section 501(a) of such 
                        Code;
                            (ii) provides qualifying scholarships to 
                        individual elementary and secondary students 
                        who--
                                    (I) reside in the State in which 
                                the eligible scholarship-granting 
                                organization is recognized; or
                                    (II) in the case of funds provided 
                                to the Secretary of the Interior, 
                                attending elementary schools or 
                                secondary schools operated or funded by 
                                the Bureau of Indian Education;
                            (iii) allocates at least 90 percent of 
                        qualified contributions to qualifying 
                        scholarships on an annual basis; and
                            (iv) provides qualifying scholarships to--
                                    (I) more than 1 eligible student;
                                    (II) more than 1 eligible family; 
                                and
                                    (III) different eligible students 
                                attending more than 1 education 
                                provider;
                    (B) an organization that--
                            (i) is described in section 501(c)(3) of 
                        the Internal Revenue Code of 1986 and exempt 
                        from taxation under section 501(a) of such 
                        Code; and
                            (ii) pursuant to State law, was able, as of 
                        January 1, 2021, to receive contributions that 
                        are eligible for a State tax credit if such 
                        contributions are used by the organization to 
                        provide scholarships to individual elementary 
                        and secondary students, including scholarships 
                        for attending private schools; or
                    (C) an organization identified by a Governor of a 
                State to receive a subgrant from the State under 
                subsection (d).
            (2) Emergency education freedom grant funds.--The term 
        ``emergency education freedom grant funds'' means the amount of 
        funds available under subsection (b)(1) for this section that 
        are not reserved under subsection (c)(1).
            (3) Qualified contribution.--The term ``qualified 
        contribution'' means a contribution of cash to any eligible 
        scholarship-granting organization.
            (4) Qualified expense.--The term ``qualified expense'' 
        means any educational expense that is--
                    (A) for an individual student's elementary or 
                secondary education, as recognized by the State; or
                    (B) for the secondary education component of an 
                individual elementary or secondary student's career and 
                technical education, as defined by section 3(5) of the 
                Carl D. Perkins Career and Technical Education Act of 
                2006 (20 U.S.C. 2302(5)).
            (5) Qualifying scholarship.--The term ``qualifying 
        scholarship'' means a scholarship granted by an eligible 
        scholarship-granting organization to an individual elementary 
        or secondary student for a qualified expense.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (7) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.
    (b) Grants.--
            (1) Program authorized.--From the funds appropriated to 
        carry out this section, the Secretary shall carry out 
        subsection (c) and award emergency education freedom grants to 
        States with approved applications, in order to enable the 
        States to award subgrants to eligible scholarship-granting 
        organizations under subsection (d).
            (2) Timing.--The Secretary shall make the allotments 
        required under this subsection by not later than 30 days after 
        the date of enactment of this Act.
    (c) Reservation and Allotments.--
            (1) In general.--From the amounts made available under 
        subsection (b)(1), the Secretary shall--
                    (A) reserve--
                            (i) one-half of 1 percent for allotments 
                        for the United States Virgin Islands, Guam, 
                        American Samoa, and the Commonwealth of the 
                        Northern Mariana Islands, to be distributed 
                        among those outlying areas on the basis of 
                        their relative need, as determined by the 
                        Secretary, in accordance with the purpose of 
                        this section; and
                            (ii) one-half of 1 percent of such amounts 
                        for the Secretary of the Interior, acting 
                        through the Bureau of Indian Education, to be 
                        used to provide subgrants described in 
                        subsection (d) to eligible scholarship-granting 
                        organizations that serve students attending 
                        elementary schools or secondary schools 
                        operated or funded by the Bureau of Indian 
                        Education; and
                    (B) subject to paragraph (2), allot each State that 
                submits an approved application under this section the 
                sum of--
                            (i) the amount that bears the same relation 
                        to 20 percent of the emergency education 
                        freedom grant funds as the number of 
                        individuals aged 5 through 17 in the State, as 
                        determined by the Secretary on the basis of the 
                        most recent satisfactory data, bears to the 
                        number of those individuals, as so determined, 
                        in all such States that submitted approved 
                        applications; and
                            (ii) an amount that bears the same 
                        relationship to 80 percent of the emergency 
                        education freedom grant funds as the number of 
                        individuals aged 5 through 17 from families 
                        with incomes below the poverty line in the 
                        State, as determined by the Secretary on the 
                        basis of the most recent satisfactory data, 
                        bears to the number of those individuals, as so 
                        determined, in all such States that submitted 
                        approved applications.
            (2) Minimum allotment.--No State shall receive an allotment 
        under this subsection for a fiscal year that is less than one-
        half of 1 percent of the amount of emergency education freedom 
        grant funds available for such fiscal year.
    (d) Subgrants to Eligible Scholarship-Granting Organizations.--
            (1) In general.--A State that receives an allotment under 
        this section shall use the allotment to award subgrants, on a 
        basis determined appropriate by the State, to eligible 
        scholarship-granting organizations in the State.
            (2) Initial timing.--
                    (A) States with existing tax credit scholarship 
                program.--By not later than 30 days after receiving an 
                allotment under subsection (c)(1)(B), a State with an 
                existing, as of the date of application for an 
                allotment under this section, tax credit scholarship 
                program shall use not less than 50 percent of the 
                allotment to award subgrants to eligible scholarship-
                granting organizations under subsection (a)(1)(B) in 
                the State in proportion to the contributions received 
                in calendar year 2019 that were eligible for a State 
                tax credit if such contributions are used by the 
                organization to provide scholarships to individual 
                elementary and secondary students, including 
                scholarships for attending private schools.
                    (B) States without tax credit scholarship 
                programs.--By not later than 60 days after receiving an 
                allotment under subsection (c)(1)(B), a State without a 
                tax credit scholarship program shall use not less than 
                50 percent of the allotment to award subgrants to 
                eligible scholarship-granting organizations in the 
                State.
            (3) Uses of funds.-- An eligible scholarship-granting 
        organization that receives a subgrant under this subsection--
                    (A) may reserve not more than 5 percent of the 
                subgrant funds for public outreach, student and family 
                support activities, and administrative expenses related 
                to the subgrant; and
                    (B) shall use not less than 95 percent of the 
                subgrant funds to provide qualifying scholarships for 
                qualified expenses only to individual elementary school 
                and secondary school students who reside in the State 
                in which the eligible scholarship-granting organization 
                is recognized.
    (e) Reallocation.--A State shall return to the Secretary any 
amounts of the allotment received under this section that the State 
does not award as subgrants under subsection (d) by March 30, 2021, and 
the Secretary shall reallocate such funds to the remaining eligible 
States in accordance with subsection (c)(1)(B).
    (f) Rules of Construction.--
            (1) In general.--A qualifying scholarship awarded to a 
        student from funds provided under this section shall not be 
        considered assistance to the school or other educational 
        provider that enrolls, or provides educational services to, the 
        student or the student's parents.
            (2) Exclusion from income.--
                    (A) Income taxes.--For purposes of the Internal 
                Revenue Code of 1986, gross income shall not include 
                any amount received by an individual as a qualifying 
                scholarship.
                    (B) Federally funded programs.--Any amount received 
                by an individual as a qualifying scholarship shall not 
                be taken into account as income or resources for 
                purposes of determining the eligibility of such 
                individual or any other individual for benefits or 
                assistance, or the amount or extent of such benefits or 
                assistance, under any Federal program or under any 
                State or local program financed in whole or in part 
                with Federal funds.
            (3) Prohibition of control over nonpublic education 
        providers.--
                    (A)(i) Nothing in this section shall be construed 
                to permit, allow, encourage, or authorize any Federal 
                control over any aspect of any private, religious, or 
                home education provider, whether or not a home 
                education provider is treated as a private school or 
                home school under State law.
                    (ii) This section shall not be construed to exclude 
                private, religious, or home education providers from 
                participation in programs or services under this 
                section.
                    (B) Nothing in this section shall be construed to 
                permit, allow, encourage, or authorize a State to 
                mandate, direct, or control any aspect of a private or 
                home education provider, regardless of whether or not a 
                home education provider is treated as a private school 
                under State law.
                    (C) No participating State shall exclude, 
                discriminate against, or otherwise disadvantage any 
                education provider with respect to programs or services 
                under this section based in whole or in part on the 
                provider's religious character or affiliation, 
                including religiously based or mission-based policies 
                or practices.
            (4) Parental rights to use scholarships.--No participating 
        State shall disfavor or discourage the use of qualifying 
        scholarships for the purchase of elementary and secondary 
        education services, including those services provided by 
        private or nonprofit entities, such as faith-based providers.
            (5) State and local authority.--Nothing in this section 
        shall be construed to modify a State or local government's 
        authority and responsibility to fund education.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary.

SEC. 6002. TAX CREDITS FOR CONTRIBUTIONS TO ELIGIBLE SCHOLARSHIP-
              GRANTING ORGANIZATIONS.

    (a) Credit for Individuals.--Subpart A of part IV of subchapter A 
of chapter 1 of the Internal Revenue Code of 1986 is amended by adding 
after section 25D the following new section:

``SEC. 25E. CONTRIBUTIONS TO ELIGIBLE SCHOLARSHIP-GRANTING 
              ORGANIZATIONS.

    ``(a) Allowance of Credit.--Subject to section 6003(c) of the 
Delivering Immediate Relief to America's Families, Schools and Small 
Businesses Act, in the case of an individual, there shall be allowed as 
a credit against the tax imposed by this chapter for the taxable year 
an amount equal to the sum of any qualified contributions made by the 
taxpayer during the taxable year.
    ``(b) Amount of Credit.--The credit allowed under subsection (a) 
for any taxable year shall not exceed 10 percent of the taxpayer's 
adjusted gross income for the taxable year.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Eligible scholarship-granting organization.--The term 
        `eligible scholarship-granting organization' means--
                    ``(A) an organization that--
                            ``(i) is described in section 501(c)(3) and 
                        exempt from taxation under section 501(a),
                            ``(ii) provides qualifying scholarships to 
                        individual elementary and secondary students 
                        who--
                                    ``(I) reside in the State in which 
                                the eligible scholarship-granting 
                                organization is recognized, or
                                    ``(II) in the case of the Bureau of 
                                Indian Education, are members of a 
                                federally recognized tribe,
                            ``(iii) a State identifies to the Secretary 
                        as an eligible scholarship-granting 
                        organization under section 6003(c)(5)(B) of the 
                        Delivering Immediate Relief to America's 
                        Families, Schools and Small Businesses Act,
                            ``(iv) allocates at least 90 percent of 
                        qualified contributions to qualifying 
                        scholarships on an annual basis, and
                            ``(v) provides qualifying scholarships to--
                                    ``(I) more than 1 eligible student,
                                    ``(II) more than 1 eligible family, 
                                and
                                    ``(III) different eligible students 
                                attending more than 1 education 
                                provider, or
                    ``(B) an organization that--
                            ``(i) is described in section 501(c)(3) and 
                        exempt from taxation under section 501(a), and
                            ``(ii) pursuant to State law, was able, as 
                        of January 1, 2021, to receive contributions 
                        that are eligible for a State tax credit if 
                        such contributions are used by the organization 
                        to provide scholarships to individual 
                        elementary and secondary students, including 
                        scholarships for attending private schools.
            ``(2) Qualified contribution.--The term `qualified 
        contribution' means a contribution of cash to any eligible 
        scholarship-granting organization.
            ``(3) Qualified expense.--The term `qualified expense' 
        means any educational expense that is--
                    ``(A) for an individual student's elementary or 
                secondary education, as recognized by the State, or
                    ``(B) for the secondary education component of an 
                individual elementary or secondary student's career and 
                technical education, as defined by section 3(5) of the 
                Carl D. Perkins Career and Technical Education Act of 
                2006 (20 U.S.C. 2302(5)).
            ``(4) Qualifying scholarship.--The term `qualifying 
        scholarship' means a scholarship granted by an eligible 
        scholarship-granting organization to an individual elementary 
        or secondary student for a qualified expense.
            ``(5) State.--The term `State' means each of the 50 States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        outlying areas (as defined in section 1121(c) of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 6331(c)), and 
        the Department of the Interior (acting through the Bureau of 
        Indian Education).
    ``(d) Rules of Construction.--
            ``(1) In general.--A qualifying scholarship awarded to a 
        student from the proceeds of a qualified contribution under 
        this section shall not be considered assistance to the school 
        or other educational provider that enrolls, or provides 
        educational services to, the student or the student's parents.
            ``(2) Exclusion from income.--Gross income shall not 
        include any amount received by an individual as a qualifying 
        scholarship and such amount shall not be taken into account as 
        income or resources for purposes of determining the eligibility 
        of such individual or any other individual for benefits or 
        assistance, or the amount or extent of such benefits or 
        assistance, under any Federal program or under any State or 
        local program financed in whole or in part with Federal funds.
            ``(3) Prohibition of control over nonpublic education 
        providers.--
                    ``(A)(i) Nothing in this section shall be construed 
                to permit, allow, encourage, or authorize any Federal 
                control over any aspect of any private, religious, or 
                home education provider, whether or not a home 
                education provider is treated as a private school or 
                home school under State law.
                    ``(ii) This section shall not be construed to 
                exclude private, religious, or home education providers 
                from participation in programs or services under this 
                section.
                    ``(B) Nothing in this section shall be construed to 
                permit, allow, encourage, or authorize an entity 
                submitting a list of eligible scholarship-granting 
                organizations on behalf of a State pursuant to section 
                6003(c)(5) of the Delivering Immediate Relief to 
                America's Families, Schools and Small Businesses Act to 
                mandate, direct, or control any aspect of a private or 
                home education provider, regardless of whether or not a 
                home education provider is treated as a private school 
                under State law.
                    ``(C) No participating State or entity acting on 
                behalf of a State pursuant to section 6003(c)(5) of the 
                Delivering Immediate Relief to America's Families, 
                Schools and Small Businesses Act shall exclude, 
                discriminate against, or otherwise disadvantage any 
                education provider with respect to programs or services 
                under this section based in whole or in part on the 
                provider's religious character or affiliation, 
                including religiously-based or mission-based policies 
                or practices.
            ``(4) Parental rights to use scholarships.--No 
        participating State or entity acting on behalf of a State 
        pursuant to section 6003(c)(5) of the Delivering Immediate 
        Relief to America's Families, Schools and Small Businesses Act 
        shall disfavor or discourage the use of qualifying scholarships 
        for the purchase of elementary and secondary education 
        services, including those services provided by private or 
        nonprofit entities, such as faith-based providers.
            ``(5) State and local authority.--Nothing in this section 
        shall be construed to modify a State or local government's 
        authority and responsibility to fund education.
    ``(e) Denial of Double Benefit.--The Secretary shall prescribe such 
regulations or other guidance to ensure that the sum of the tax 
benefits provided by Federal, State, or local law for a qualified 
contribution receiving a Federal tax credit in any taxable year does 
not exceed the sum of the qualified contributions made by the taxpayer 
for the taxable year.
    ``(f) Carryforward of Credit.--If a tax credit allowed under this 
section is not fully used within the applicable taxable year because of 
insufficient tax liability on the part of the taxpayer, the unused 
amount may be carried forward for a period not to exceed 5 years.
    ``(g) Election.--This section shall apply to a taxpayer for a 
taxable year only if the taxpayer elects to have this section apply for 
such taxable year.
    ``(h) Alternative Minimum Tax.--For purposes of calculating the 
alternative minimum tax under section 55, a taxpayer may use any credit 
received for a qualified contribution under this section.
    ``(i) Termination.--This section shall not apply to any 
contributions made in taxable years beginning after December 31, 
2022.''.
    (b) Clerical Amendment.--The table of sections for subpart A of 
part IV of subchapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by inserting after the item relating to section 25D the 
following new item:

``Sec. 25E. Contributions to eligible scholarship-granting 
                            organizations.''.
    (c) Credit for Corporations.--Subpart D of part IV of subchapter A 
of chapter 1 of the Internal Revenue Code of 1986 is amended by adding 
at the end the following new section:

``SEC. 45U. CONTRIBUTIONS TO ELIGIBLE SCHOLARSHIP-GRANTING 
              ORGANIZATIONS.

    ``(a) Allowance of Credit.--Subject to section 6003(c) of the 
Delivering Immediate Relief to America's Families, Schools and Small 
Businesses Act, for purposes of section 38, in the case of a domestic 
corporation, there shall be allowed as a credit against the tax imposed 
by this chapter for the taxable year an amount equal to the sum of any 
qualified contributions (as defined in section 25E(c)(2)) made by such 
corporation during the taxable year.
    ``(b) Amount of Credit.--The credit allowed under subsection (a) 
for any taxable year shall not exceed 5 percent of the taxable income 
(as defined in section 170(b)(2)(D)) of the domestic corporation for 
such taxable year.
    ``(c) Additional Provisions.--For purposes of this section, any 
qualified contributions made by a domestic corporation shall be subject 
to the provisions of section 25E (including subsection (d) of such 
section), to the extent applicable.
    ``(d) Election.--This section shall apply to a taxpayer for a 
taxable year only if the taxpayer elects to have this section apply for 
such taxable year.
    ``(e) Termination.--This section shall not apply to any 
contributions made in taxable years beginning after December 31, 
2022.''.
    (d) Credit Part of General Business Credit.--Section 38(b) is 
amended--
            (1) by striking ``plus'' at the end of paragraph (32);
            (2) by striking the period at the end of paragraph (33) and 
        inserting ``, plus''; and
            (3) by adding at the end the following new paragraph:
            ``(34) the credit for qualified contributions determined 
        under section 45U(a).''.
    (e) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 is amended by adding at the end 
the following new item:

``Sec. 45U. Contributions to eligible scholarship-granting 
                            organizations.''.
    (f) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2020.

SEC. 6003. EDUCATION FREEDOM SCHOLARSHIPS WEB PORTAL AND 
              ADMINISTRATION.

    (a) In General.--The Secretary of the Treasury shall, in 
coordination with the Secretary of Education, establish, host, and 
maintain a web portal that--
            (1) lists all eligible scholarship-granting organizations;
            (2) enables a taxpayer to make a qualifying contribution to 
        one or more eligible scholarship-granting organizations and to 
        immediately obtain both a pre-approval of a tax credit for that 
        contribution and a receipt for tax filings;
            (3) provides information about the tax benefits under 
        sections 25E and 45U of the Internal Revenue Code of 1986; and
            (4) enables a State to submit and update information about 
        its programs and its eligible scholarship-granting 
        organizations for informational purposes only, including 
        information on--
                    (A) student eligibility;
                    (B) allowable educational expenses;
                    (C) the types of allowable education providers;
                    (D) the percentage of funds an organization may use 
                for program administration; and
                    (E) the percentage of total contributions the 
                organization awards in a calendar year.
    (b) Nonportal Contributions.--A taxpayer may opt to make a 
contribution directly to an eligible scholarship-granting organization, 
instead of through the web portal described in subsection (a), provided 
that the taxpayer, or the eligible scholarship-granting organization on 
behalf of the taxpayer, applies for, and receives pre-approval for a 
tax credit from the Secretary of the Treasury in coordination with the 
Secretary of Education.
    (c) National and State Limitations on Credits.--
            (1) National limitation.--For each fiscal year, the total 
        amount of qualifying contributions for which a credit is 
        allowed under sections 25E and 45U of the Internal Revenue Code 
        of 1986 shall not exceed $5,000,000,000.
            (2) Allocation of limitation.--
                    (A) Initial allocations.--For each calendar year, 
                with respect to the limitation under paragraph (1), the 
                Secretary of the Treasury, in consultation with the 
                Secretary of Education, shall--
                            (i) allocate to each State an amount equal 
                        to the sum of the qualifying contributions made 
                        in the State in the previous year; and
                            (ii) from any amounts remaining following 
                        allocations made under clause (i), allocate to 
                        each participating State an amount equal to the 
                        sum of--
                                    (I) an amount that bears the same 
                                relationship to 20 percent of such 
                                remaining amount as the number of 
                                individuals aged 5 through 17 in the 
                                State, as determined by the Secretary 
                                of Education on the basis of the most 
                                recent satisfactory data, bears to the 
                                number of those individuals in all such 
                                States, as so determined; and
                                    (II) an amount that bears the same 
                                relationship to 80 percent of such 
                                remaining amount as the number of 
                                individuals aged 5 through 17 from 
                                families with incomes below the poverty 
                                line in the State, as determined by the 
                                Secretary of Education, on the basis of 
                                the most recent satisfactory data, 
                                bears to the number of those 
                                individuals in all such States, as so 
                                determined.
                    (B) Minimum allocation.--Notwithstanding 
                subparagraph (A), no State receiving an allocation 
                under this section may receive less than \1/2\ of 1 
                percent of the amount allocated for a fiscal year.
            (3) Allowable partnerships.--A State may choose to 
        administer the allocation it receives under paragraph (2) in 
        partnership with one or more States, provided that the eligible 
        scholarship-granting organizations in each partner State serve 
        students who reside in all States in the partnership.
            (4) Total allocation.--A State's allocation, for any fiscal 
        year, is the sum of the amount determined for such State under 
        subparagraphs (A) and (B) of paragraph (2).
            (5) Allocation and adjustments.--
                    (A) Initial allocation to states.--Not later than 
                November 1 of the year preceding a year for which there 
                is a national limitation on credits under paragraph (1) 
                (referred to in this section as the ``applicable 
                year''), or as early as practicable with respect to the 
                first year, the Secretary of the Treasury shall 
                announce the State allocations under paragraph (2) for 
                the applicable year.
                    (B) List of eligible scholarship-granting 
                organizations.--
                            (i) In general.--Not later than January 1 
                        of each applicable year, or as early as 
                        practicable with respect to the first year, 
                        each State shall provide the Secretary of the 
                        Treasury a list of eligible scholarship-
                        granting organizations, including a 
                        certification that the entity submitting the 
                        list on behalf of the State has the authority 
                        to perform this function.
                            (ii) Rule of construction.--Neither this 
                        section nor any other Federal law shall be 
                        construed as limiting the entities that may 
                        submit the list on behalf of a State.
                    (C) Reallocation of unclaimed credits.--The 
                Secretary of the Treasury shall reallocate a State's 
                allocation to other States, in accordance with 
                paragraph (2), if the State--
                            (i) chooses not to identify scholarship-
                        granting organizations under subparagraph (B) 
                        in any applicable year; or
                            (ii) does not have an existing eligible 
                        scholarship-granting organization.
                    (D) Reallocation.--On or after April 1 of any 
                applicable year, the Secretary of the Treasury may 
                reallocate, to one or more other States that have 
                eligible scholarship-granting organizations in the 
                States, without regard to paragraph (2), the allocation 
                of a State for which the State's allocation has not 
                been claimed.
    (d) Definitions.--Any term used in this section which is also used 
in section 25E of the Internal Revenue Code of 1986 shall have the same 
meaning as when used in such section.

SEC. 6004. 529 ACCOUNT FUNDING FOR HOMESCHOOL AND ADDITIONAL ELEMENTARY 
              AND SECONDARY EXPENSES.

    (a) In General.--Section 529(c)(7) of the Internal Revenue Code of 
1986 is amended--
            (1) by striking ``Any reference'' and inserting
                    ``(A) In general.--Any reference'', and
            (2) by adding at the end the following new subparagraphs:
                    ``(B) Additional expenses.--In the case of any 
                distribution made after the date of the enactment of 
                the Delivering Immediate Relief to America's Families, 
                Schools and Small Businesses Act and before January 1, 
                2023, any reference in this section to the term 
                `qualified higher education expense' shall include a 
                reference to the following expenses in connection with 
                enrollment or attendance at, or for students enrolled 
                at or attending, an elementary or secondary public, 
                private, or religious school:
                            ``(i) Curriculum and curricular materials.
                            ``(ii) Books or other instructional 
                        materials.
                            ``(iii) Online educational materials.
                            ``(iv) Tuition for tutoring or educational 
                        classes outside of the home, including at a 
                        tutoring facility, but only if the tutor or 
                        instructor is not related to the student and--
                                    ``(I) is licensed as a teacher in 
                                any State,
                                    ``(II) has taught at an eligible 
                                educational institution, or
                                    ``(III) is a subject matter expert 
                                in the relevant subject.
                            ``(v) Fees for a nationally standardized 
                        norm-referenced achievement test, an advanced 
                        placement examination, or any examinations 
                        related to college or university admission.
                            ``(vi) Fees for dual enrollment in an 
                        institution of higher education.
                            ``(vii) Educational therapies for students 
                        with disabilities provided by a licensed or 
                        accredited practitioner or provider, including 
                        occupational, behavioral, physical, and speech-
                        language therapies.
                    ``(C) Treatment of homeschool expenses.--In the 
                case of any distribution made after the date of the 
                enactment of the Delivering Immediate Relief to 
                America's Families, Schools and Small Businesses Act 
                and before January 1, 2023, the term `qualified higher 
                education expense' shall include expenses for the 
                purposes described in subparagraphs (A) and (B) in 
                connection with a homeschool (whether treated as a 
                homeschool or a private school for purposes of 
                applicable State law).''.
    (b) Effective Date.--The amendment made by this section shall apply 
to distributions made after the date of the enactment of this Act.

               Subtitle B--Back to Work Child Care Grants

SEC. 6101. BACK TO WORK CHILD CARE GRANTS.

    (a) Purpose.--The purpose of this section is to support the 
recovery of the United States economy by providing assistance to aid in 
reopening child care programs, and maintaining the availability of 
child care in the United States, so that parents can access safe care 
and return to work.
    (b) Definitions.--In this section:
            (1) Covid-19 public health emergency.--The term ``COVID-19 
        public health emergency'' means the public health emergency 
        declared by the Secretary of Health and Human Services under 
        section 319 of the Public Health Service Act (42 U.S.C. 247d) 
        on January 31, 2020, with respect to COVID-19, including any 
        renewal of such declaration.
            (2) Eligible child care provider.--The term ``eligible 
        child care provider'' means--
                    (A) an eligible child care provider as defined in 
                section 658P(6)(A) of the Child Care and Development 
                Block Grant Act of 1990 (42 U.S.C. 9858n(6)(A)); and
                    (B) a child care provider that--
                            (i) is license-exempt and operating legally 
                        in the State;
                            (ii) is not providing child care services 
                        to relatives; and
                            (iii) satisfies State and local 
                        requirements, including those referenced in 
                        section 658E(c)(2)(I) of the Child Care and 
                        Development Block Grant Act of 1990 ((42 U.S.C. 
                        9858c)(c)(2)(I)).
            (3) Indian tribe; tribal organization.--The terms ``Indian 
        tribe'' and ``tribal organization'' have the meanings given the 
        terms in section 658P of the Child Care and Development Block 
        Grant Act of 1990 (42 U.S.C. 9858n).
            (4) Lead agency.--The term ``lead agency'' has the meaning 
        given the term in section 658P of the Child Care and 
        Development Block Grant Act of 1990 (42 U.S.C. 9858n).
            (5) Qualified child care provider.--The term ``qualified 
        child care provider'' means an eligible child care provider 
        with an application approved under subsection (g) for the 
        program involved.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (7) State.--The term ``State'' has the meaning given the 
        term in section 658P of the Child Care and Development Block 
        Grant Act of 1990 (42 U.S.C. 9858n).
    (c) Grants for Child Care Programs.--From the funds appropriated to 
carry out this section, the Secretary shall make Back to Work Child 
Care grants to States, Indian tribes, and tribal organizations, that 
submit notices of intent to provide assurances under subsection (d)(2). 
The grants shall provide for subgrants to qualified child care 
providers, for a transition period of not more than 9 months to assist 
in paying for fixed costs and increased operating expenses due to 
COVID-19, and to reenroll children in an environment that supports the 
health and safety of children and staff.
    (d) Process for Allocation of Funds.--
            (1) Allocation.--Any funds that are appropriated to carry 
        out this section shall be distributed by the Secretary to the 
        Administration for Children and Families for distribution under 
        the Child Care and Development Block Grant Act of 1990 (42 
        U.S.C. 9857 et seq.) in accordance with subsection (e)(2) of 
        this section.
            (2) Notice.--Not later than 7 days after funds are 
        appropriated to carry out this section, the Secretary shall 
        provide to States, Indian tribes, and tribal organizations a 
        notice of funding availability, for Back to Work Child Care 
        grants under subsection (c) from allotments and payments under 
        subsection (e)(2). The Secretary shall issue a notice of the 
        funding allocations for each State, Indian tribe, and tribal 
        organization not later than 14 days after funds are 
        appropriated to carry out this section.
            (3) Notice of intent.--Not later than 14 days after 
        issuance of a notice of funding allocations under paragraph 
        (1), a State, Indian tribe, or tribal organization that seeks 
        such a grant shall submit to the Secretary a notice of intent 
        to provide assurances for such grant. The notice of intent 
        shall include a certification that the State, Indian tribe, or 
        tribal organization will repay the grant funds if such State, 
        Indian tribe, or tribal organization fails to provide 
        assurances that meet the requirements of subsection (f) or to 
        comply with such an assurance.
            (4) Grants to lead agencies.--The Secretary may make grants 
        under subsection (c) to the lead agency of each State, Indian 
        tribe, or tribal organization, upon receipt of the notice of 
        intent to provide assurances for such grant.
            (5) Provision of assurances.--Not later than 15 days after 
        receiving the grant, the State, Indian tribe, or tribal 
        organization shall provide assurances that meet the 
        requirements of subsection (f).
    (e) Federal Reservation; Allotments and Payments.--
            (1) Reservation.--The Secretary shall reserve not more than 
        1 percent of the amount appropriated to carry out this section 
        to pay for the costs of the Federal administration of this 
        section. The amount appropriated to carry out this section and 
        reserved under this paragraph shall remain available through 
        fiscal year 2021.
            (2) Allotments and payments.--The Secretary shall use the 
        remaining portion of such amount to make allotments and 
        payments, to States, Indian tribes, and tribal organizations 
        that submit such a notice of intent to provide assurances, in 
        accordance with paragraphs (1) and (2) of subsection (a), and 
        subsection (b), of section 658O of the Child Care and 
        Development Block Grant Act of 1990 (42 U.S.C. 9858m), for the 
        grants described in subsection (c).
    (f) Assurances.--A State, Indian tribe, or tribal organization that 
receives a grant under subsection (c) shall provide to the Secretary 
assurances that the lead agency will--
            (1) require as a condition of subgrant funding under 
        subsection (g) that each eligible child care provider applying 
        for a subgrant from the lead agency--
                    (A) has been an eligible child care provider in 
                continuous operation and serving children through a 
                child care program immediately prior to March 1, 2020;
                    (B) agree to follow all applicable State, local, 
                and tribal health and safety requirements and, if 
                applicable, enhanced protocols for child care services 
                and related to COVID-19 or another health or safety 
                condition;
                    (C) agree to comply with the documentation and 
                reporting requirements under subsection (h); and
                    (D) certify in good faith that the child care 
                program of the provider will remain open for not less 
                than 1 year after receiving such a subgrant, unless 
                such program is closed due to extraordinary 
                circumstances, including a state of emergency declared 
                by the Governor or a major disaster or emergency 
                declared by the President under section 401 or 501, 
                respectively, of the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5170, 5191);
            (2) ensure eligible child care providers in urban, 
        suburban, and rural areas can readily apply for and access 
        funding under this section, which shall include the provision 
        of technical assistance either directly or through resource and 
        referral agencies or staffed family child care provider 
        networks;
            (3) ensure that subgrant funds are made available to 
        eligible child care providers regardless of whether the 
        eligible child care provider is providing services for which 
        assistance is made available under the Child Care and 
        Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.) at 
        the time of application for a subgrant;
            (4) through at least December 31, 2020, continue to expend 
        funds provided under the Child Care and Development Block Grant 
        Act of 1990 (42 U.S.C. 9857 et seq.) for the purpose of 
        continuing payments and assistance to qualified child care 
        providers on the basis of applicable reimbursements prior to 
        March 2020;
            (5) undertake a review of burdensome State, local, and 
        tribal regulations and requirements that hinder the opening of 
        new licensed child care programs to meet the needs of the 
        working families in the State or tribal community, as 
        applicable;
            (6) make available to the public, which shall include, at a 
        minimum, posting to an internet website of the lead agency--
                    (A) notice of funding availability through 
                subgrants for qualified child care providers under this 
                section; and
                    (B) the criteria for awarding subgrants for 
                qualified child care providers, including the 
                methodology the lead agency used to determine and 
                disburse funds in accordance with subparagraphs (D) and 
                (E) of subsection (g)(4); and
            (7) ensure the maintenance of a delivery system of child 
        care services throughout the State that provides for child care 
        in a variety of settings, including the settings of family 
        child care providers.
    (g) Lead Agency Use of Funds.--
            (1) In general.--A lead agency that receives a Back to Work 
        Child Care grant under this section--
                    (A) shall use a portion that is not less than 94 
                percent of the grant funds to award subgrants to 
                qualified child care providers as described in the lead 
                agency's assurances pursuant to subsection (f);
                    (B) shall reserve not more than 6 percent of the 
                funds to--
                            (i) use not less than 1 percent of the 
                        funds to provide technical assistance and 
                        support in applying for and accessing funding 
                        through such subgrants to eligible child care 
                        providers, including to rural providers, family 
                        child care providers, and providers with 
                        limited administrative capacity; and
                            (ii) use the remainder of the reserved 
                        funds to--
                                    (I) administer subgrants to 
                                qualified child care providers under 
                                paragraph (4), which shall include 
                                monitoring the compliance of qualified 
                                child care providers with applicable 
                                State, local, and tribal health and 
                                safety requirements; and
                                    (II) comply with the reporting and 
                                documentation requirements described in 
                                subsection (h); and
                    (C)(i) shall not make more than 1 subgrant under 
                paragraph (4) to a child care provider, except as 
                described in clause (ii); and
                    (ii) may make multiple subgrants to a qualified 
                child care provider, if the lead agency makes each 
                subgrant individually for 1 child care program operated 
                by the provider and the funds from the multiple 
                subgrants are not pooled for use for more than 1 of the 
                programs.
            (2) Role of third party.--The lead agency may designate a 
        third party, such as a child care resource and referral agency, 
        to carry out the responsibilities of the lead agency, and 
        oversee the activities conducted by qualified child care 
        providers under this subsection.
            (3) Obligation and return of funds.--
                    (A) Obligation.--
                            (i) In general.--The lead agency shall 
                        obligate at least 50 percent of the grant funds 
                        in the portion described in paragraph (1)(A) 
                        for subgrants to qualified child care providers 
                        by the day that is 6 months after the date of 
                        enactment of this Act.
                            (ii) Waivers.--At the request of a State, 
                        Indian tribe, or tribal organization, and for 
                        good cause shown, the Secretary may waive the 
                        requirement under clause (i) for the State, 
                        Indian tribe, or tribal organization.
                    (B) Return of funds.--Not later than the date that 
                is 12 months after a grant is awarded to a lead agency 
                in accordance with this section, the lead agency shall 
                return to the Secretary any of the grant funds that are 
                not obligated by the lead agency by such date. The 
                Secretary shall return any funds received under this 
                subparagraph to the Treasury of the United States.
            (4) Subgrants.--
                    (A) In general.--A lead agency that receives a 
                grant under subsection (c) shall make subgrants to 
                qualified child care providers to assist in paying for 
                fixed costs and increased operating expenses, for a 
                transition period of not more than 9 months, so that 
                parents have a safe place for their children to receive 
                child care as the parents return to the workplace.
                    (B) Use of funds.--A qualified child care provider 
                may use subgrant funds for--
                            (i) sanitation and other costs associated 
                        with cleaning the facility, including deep 
                        cleaning in the case of an outbreak of COVID-
                        19, of a child care program used to provide 
                        child care services;
                            (ii) recruiting, retaining, and 
                        compensating child care staff, including 
                        providing professional development to the staff 
                        related to child care services and applicable 
                        State, local, and tribal health and safety 
                        requirements and, if applicable, enhanced 
                        protocols for child care services and related 
                        to COVID-19 or another health or safety 
                        condition;
                            (iii) paying for fixed operating costs 
                        associated with providing child care services, 
                        including the costs of payroll, the 
                        continuation of existing (as of March 1, 2020) 
                        employee benefits, mortgage or rent, utilities, 
                        and insurance;
                            (iv) acquiring equipment and supplies 
                        (including personal protective equipment) 
                        necessary to provide child care services in a 
                        manner that is safe for children and staff in 
                        accordance with applicable State, local, and 
                        tribal health and safety requirements;
                            (v) replacing materials that are no longer 
                        safe to use as a result of the COVID-19 public 
                        health emergency;
                            (vi) making facility changes and repairs to 
                        address enhanced protocols for child care 
                        services related to COVID-19 or another health 
                        or safety condition, to ensure children can 
                        safely occupy a child care facility;
                            (vii) purchasing or updating equipment and 
                        supplies to serve children during 
                        nontraditional hours;
                            (viii) adapting the child care program or 
                        curricula to accommodate children who have not 
                        had recent access to a child care setting;
                            (ix) carrying out any other activity 
                        related to the child care program of a 
                        qualified child care provider; and
                            (x) reimbursement of expenses incurred 
                        before the provider received a subgrant under 
                        this paragraph, if the use for which the 
                        expenses are incurred is described in any of 
                        clauses (i) though (ix) and is disclosed in the 
                        subgrant application for such subgrant.
                    (C) Subgrant application.--To be qualified to 
                receive a subgrant under this paragraph, an eligible 
                child care provider shall submit an application to the 
                lead agency in such form and containing such 
                information as the lead agency may reasonably require, 
                including--
                            (i) a budget plan that includes--
                                    (I) information describing how the 
                                eligible child care provider will use 
                                the subgrant funds to pay for fixed 
                                costs and increased operating expenses, 
                                including, as applicable, payroll, 
                                employee benefits, mortgage or rent, 
                                utilities, and insurance, described in 
                                subparagraph (B)(iii);
                                    (II) data on current operating 
                                capacity, taking into account previous 
                                operating capacity for a period of time 
                                prior to the COVID-19 public health 
                                emergency, and updated group size 
                                limits and staff-to-child ratios;
                                    (III) child care enrollment, 
                                attendance, and revenue projections 
                                based on current operating capacity and 
                                previous enrollment and revenue for the 
                                period described in subclause (II); and
                                    (IV) a demonstration of how the 
                                subgrant funds will assist in promoting 
                                the long-term viability of the eligible 
                                child care provider and how the 
                                eligible child care provider will 
                                sustain its operations after the 
                                cessation of funding under this 
                                section;
                            (ii) assurances that the eligible child 
                        care provider will--
                                    (I) report to the lead agency, 
                                before every month for which the 
                                subgrant funds are to be received, data 
                                on current financial characteristics, 
                                including revenue, and data on current 
                                average enrollment and attendance;
                                    (II) not artificially suppress 
                                revenue, enrollment, or attendance for 
                                the purposes of receiving subgrant 
                                funding;
                                    (III) provide the necessary 
                                documentation under subsection (h) to 
                                the lead agency, including providing 
                                documentation of expenditures of 
                                subgrant funds; and
                                    (IV) implement all applicable 
                                State, local, and tribal health and 
                                safety requirements and, if applicable, 
                                enhanced protocols for child care 
                                services and related to COVID-19 or 
                                another health or safety condition; and
                            (iii) a certification in good faith that 
                        the child care program will remain open for not 
                        less than 1 year after receiving a subgrant 
                        under this paragraph, unless such program is 
                        closed due to extraordinary circumstances 
                        described in subsection (f)(1)(D).
                    (D) Subgrant disbursement.--In providing funds 
                through a subgrant under this paragraph--
                            (i) the lead agency shall--
                                    (I) disburse such subgrant funds to 
                                a qualified child care provider in 
                                installments made not less than once 
                                monthly;
                                    (II) disburse a subgrant 
                                installment for a month after the 
                                qualified child care provider has 
                                provided, before that month, the 
                                enrollment, attendance, and revenue 
                                data required under subparagraph 
                                (C)(ii)(I) and, if applicable, current 
                                operating capacity data required under 
                                subparagraph (C)(i)(II); and
                                    (III) make subgrant installments to 
                                any qualified child care provider for a 
                                period of not more than 9 months; and
                            (ii) the lead agency may, notwithstanding 
                        subparagraph (E)(i), disburse an initial 
                        subgrant installment to a provider in a greater 
                        amount than that subparagraph provides for, and 
                        adjust the succeeding installments, as 
                        applicable.
                    (E) Subgrant installment amount.--The lead agency--
                            (i) shall determine the amount of a 
                        subgrant installment under this paragraph by 
                        basing the amount on--
                                    (I)(aa) at a minimum, the fixed 
                                costs associated with the provision of 
                                child care services by a qualified 
                                child care provider; and
                                    (bb) at the election of the lead 
                                agency, an additional amount determined 
                                by the State, for the purposes of 
                                assisting qualified child care 
                                providers with, as applicable, 
                                increased operating costs and lost 
                                revenue, associated with the COVID-19 
                                public health emergency; and
                                    (II) any other methodology that the 
                                lead agency determines to be 
                                appropriate, and which is disclosed in 
                                reporting submitted by the lead agency 
                                under subsection (f)(6)(B);
                            (ii) shall ensure that, for any period for 
                        which subgrant funds are disbursed under this 
                        paragraph, no qualified child care provider 
                        receives a subgrant installment that when added 
                        to current revenue for that period exceeds the 
                        revenue for the corresponding period 1 year 
                        prior; and
                            (iii) may factor in decreased operating 
                        capacity due to updated group size limits and 
                        staff-to-child ratios, in determining subgrant 
                        installment amounts.
                    (F) Repayment of subgrant funds.--A qualified child 
                care provider that receives a subgrant under this 
                paragraph shall be required to repay the subgrant funds 
                if the lead agency determines that the provider fails 
                to provide the assurances described in subparagraph 
                (C)(ii)(II), or to comply with such an assurance.
            (5) Supplement not supplant.--Amounts made available to 
        carry out this section shall be used to supplement and not 
        supplant other Federal, State, tribal, and local public funds 
        expended to provide child care services, including funds 
        provided under the Child Care and Development Block Grant Act 
        of 1990 (42 U.S.C. 9857 et seq.) and State and tribal child 
        care programs.
    (h) Documentation and Reporting Requirements.--
            (1) Documentation.--A State, Indian tribe, or tribal 
        organization receiving a grant under subsection (c) shall 
        provide documentation of any State or tribal expenditures from 
        grant funds received under subsection (c) in accordance with 
        section 658K(b) of the Child Care Development Block Grant Act 
        of 1990 (42 U.S.C. 9858i(b)), and to the independent entity 
        described in that section.
            (2) Reports.--
                    (A) Lead agency report.--A lead agency receiving a 
                grant under subsection (c) shall, not later than 12 
                months after receiving such grant, submit a report to 
                the Secretary that includes for the State or tribal 
                community involved a description of the program of 
                subgrants carried out to meet the objectives of this 
                section, including--
                            (i) a description of how the lead agency 
                        determined--
                                    (I) the criteria for awarding 
                                subgrants for qualified child care 
                                providers, including the methodology 
                                the lead agency used to determine and 
                                disburse funds in accordance with 
                                subparagraphs (D) and (E) of subsection 
                                (g)(4); and
                                    (II) the types of providers that 
                                received priority for the subgrants, 
                                including considerations related to--
                                            (aa) setting;
                                            (bb) average monthly 
                                        revenues, enrollment, and 
                                        attendance, before and during 
                                        the COVID-19 public health 
                                        emergency and after the 
                                        expiration of State, local, and 
                                        tribal stay-at-home orders; and
                                            (cc) geographically based 
                                        child care service needs across 
                                        the State or tribal community; 
                                        and
                            (ii) the number of eligible child care 
                        providers in operation and serving children on 
                        March 1, 2020, and the average number of such 
                        providers for March 2020 and each of the 11 
                        months following, disaggregated by age of 
                        children served, geography, region, center-
                        based child care setting, and family child care 
                        setting;
                            (iii) the number of child care slots, in 
                        the capacity of a qualified child care provider 
                        given applicable group size limits and staff-
                        to-child ratios, that were open for attendance 
                        of children on March 1, 2020, the average 
                        number of such slots for March 2020 and each of 
                        11 months following, disaggregated by age of 
                        children served, geography, region, center-
                        based child care setting, and family child care 
                        setting;
                            (iv)(I) the number of qualified child care 
                        providers that received a subgrant under 
                        subsection (g)(4), disaggregated by age of 
                        children served, geography, region, center-
                        based child care setting, and family child care 
                        setting, and the average and range of the 
                        amounts of the subgrants awarded; and
                            (II) the percentage of all eligible child 
                        care providers that are qualified child care 
                        providers that received such a subgrant, 
                        disaggregated as described in subclause (I); 
                        and
                            (v) information concerning how qualified 
                        child care providers receiving subgrants under 
                        subsection (g)(4) used the subgrant funding 
                        received, disaggregated by the allowable uses 
                        of funds described in subsection (g)(4)(B).
                    (B) Report to congress.--Not later than 90 days 
                after receiving the lead agency reports required under 
                subparagraph (A), the Secretary shall make publicly 
                available and provide to the Committee on Health, 
                Education, Labor, and Pensions of the Senate and the 
                Committee on Education and Labor of the House of 
                Representatives a report summarizing the findings of 
                the lead agency reports.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out the activities 
under this section.
    (j) Exclusion From Income.--For purposes of the Internal Revenue 
Code of 1986, gross income shall not include any amount received by a 
qualified child care provider under this section.

        TITLE VII--PANDEMIC PREPARATION AND STRATEGIC STOCKPILE

SEC. 7001. SUSTAINED ON-SHORE MANUFACTURING CAPACITY FOR PUBLIC HEALTH 
              EMERGENCIES.

    (a) In General.--Section 319L of the Public Health Service Act (42 
U.S.C. 247d-7e) is amended--
            (1) in subsection (a)(6)(B)--
                    (A) by redesignating clauses (iv) and (v) as 
                clauses (v) and (vi), respectively;
                    (B) by inserting after clause (iii), the following:
                            ``(iv) activities to support domestic 
                        manufacturing surge capacity of products or 
                        platform technologies, including manufacturing 
                        capacity and capabilities to utilize platform 
                        technologies to provide for flexible 
                        manufacturing initiatives;''; and
                    (C) in clause (vi) (as so redesginated), by 
                inserting ``manufacture,'' after ``improvement,'';
            (2) in subsection (b)--
                    (A) in the first sentence of paragraph (1), by 
                inserting ``support for domestic manufacturing surge 
                capacity,'' after ``initiatives for innovation,''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (B), by striking 
                        ``and'' at the end;
                            (ii) by redesignating subparagraph (C) as 
                        subparagraph (D); and
                            (iii) by inserting after subparagraph (B), 
                        the following:
                    ``(C) activities to support manufacturing surge 
                capacities and capabilities to increase the 
                availability of existing medical countermeasures and 
                utilize existing novel platforms to manufacture new 
                medical countermeasures to meet manufacturing demands 
                to address threats that pose a significant level of 
                risk to national security; and'';
            (3) in subsection (c)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (C), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (D), by striking the 
                        period and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(E) promoting domestic manufacturing surge 
                capacity and capabilities for countermeasure advanced 
                research and development, including facilitating 
                contracts to support flexible or surge 
                manufacturing.'';
                    (B) in paragraph (4)--
                            (i) in subparagraph (B)--
                                    (I) in clause (iii), by striking 
                                ``and'' at the end;
                                    (II) in clause (iv), by striking 
                                the period and inserting ``; and''; and
                                    (III) by adding at the end the 
                                following:
                            ``(v) support and maintain domestic 
                        manufacturing surge capacity and capabilities, 
                        including through contracts to support flexible 
                        or surge manufacturing, to ensure that 
                        additional production of countermeasures is 
                        available in the event that the Secretary 
                        determines there is such a need for additional 
                        production.'';
                            (ii) in subparagraph (D)--
                                    (I) in clause (ii), by striking 
                                ``and'' at the end;
                                    (II) by redesignating clause (iii) 
                                as clause (iv); and
                                    (III) by inserting after clause 
                                (ii) the following:
                            ``(iii) research to advance manufacturing 
                        capacities and capabilities for medical 
                        countermeasures and platform technologies that 
                        may be utilized for medical countermeasures; 
                        and''; and
                            (iii) in subparagraph (E), by striking 
                        clause (ix); and
                    (C) in paragraph (7)(C)(i), by striking ``up to 100 
                highly qualified individuals, or up to 50 percent of 
                the total number of employees, whichever is less,'' and 
                inserting ``75 percent of the total number of 
                employees'';
            (4) in subsection (e)(1)--
                    (A) by redesignating subparagraphs (B) through (D) 
                as subparagraphs (C) through (E), respectively; and
                    (B) by inserting after subparagraph (A), the 
                following:
                    ``(B) Temporary flexibility.--During a public 
                health emergency under section 319, the Secretary shall 
                be provided with an additional 60 business days to 
                comply with information requests for the disclosure of 
                information under section 552 of title 5, United States 
                Code, related to the activities under this section 
                (unless such activities are otherwise exempt under 
                subparagraph (A)).''; and
            (5) in subsection (f)--
                    (A) in paragraph (1), by striking ``Not later than 
                180 days after the date of enactment of this 
                subsection'' and inserting ``Not later than 180 days 
                after the date of enactment of the Delivering Immediate 
                Relief to America's Families, Schools and Small 
                Businesses Act''; and
                    (B) in paragraph (2), by striking ``Not later than 
                1 year after the date of enactment of this subsection'' 
                and inserting ``Not later than 1 year after the date of 
                enactment of theDelivering Immediate Relief to 
                America's Families, Schools and Small Businesses Act''.
    (b) Medical Countermeasure Innovation Partner.--The restrictions 
under section 202 of division A of the Further Consolidated 
Appropriations Act, 2020 (Public Law 116-94), or any other provision of 
law imposing a restriction on salaries of individuals related to a 
previous appropriation to the Department of Health and Human Services, 
shall not apply with respect to salaries paid pursuant to an agreement 
under the medical countermeasure innovation partner program under 
section 319L(c)(4)(E) of the Public Health Service Act (42 U.S.C. 247d-
7e(c)(4)(E)).

SEC. 7002. IMPROVING AND SUSTAINING STATE MEDICAL STOCKPILES.

    Section 319F-2 of the Public Health Service Act (42 U.S.C. 247d-6b) 
is amended by adding at the end the following:
    ``(i) Improving and Maintaining State Medical Stockpiles.--
            ``(1) In general.--The Secretary, acting through the 
        Assistant Secretary for Preparedness and Response, shall award 
        grants, contracts, or cooperative agreements to eligible 
        entities to maintain a stockpile of appropriate drugs, vaccines 
        and other biological products, medical devices, and other 
        medical supplies (including personal protective equipment, 
        ancillary medical supplies, and other applicable supplies 
        required for the administration of drugs, vaccines and other 
        biological products, medical devices, and diagnostic tests) to 
        be used during a public health emergency declared by the 
        Governor of a State or by the Secretary under section 319, or a 
        major disaster or emergency declared by the President under 
        section 401 or 501, respectively, of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act, in order to 
        support the preparedness goals described in paragraphs (2), 
        (3), and (8) of section 2802(b).
            ``(2) Eligible entities.--
                    ``(A) In general.--To be eligible to receive an 
                award under paragraph (1), an entity shall--
                            ``(i) be a State or consortium of States 
                        that is a recipient of an award under section 
                        319C-1(b); and
                            ``(ii) prepare, in consultation with 
                        appropriate health care providers and health 
                        officials within the State or consortium of 
                        States, and submit to the Secretary an 
                        application that contains such information as 
                        the Secretary may require, including a plan for 
                        the State stockpile and a description of the 
                        activities such entity will carry out under the 
                        agreement, consistent with the requirements of 
                        paragraph (3).
                    ``(B) Limitation.--The Secretary may make an award 
                under this subsection to not more than one eligible 
                entity in each State.
                    ``(C) Supplement not supplant.--Awards, contracts, 
                or grants awarded under this subsection shall 
                supplement, not supplant, the reserve amounts of 
                medical supplies procured by and for the Strategic 
                National Stockpile under subsection (a).
                    ``(D) Administrative expenses.--Not more than 5 
                percent of amounts received by an entity pursuant to an 
                award under this subsection may be used for 
                administrative expenses.
                    ``(E) Clarification.--An eligible entity receiving 
                an award under this subsection may assign a lead entity 
                to manage the State stockpile, which may be a recipient 
                of an award under section 319C-2(b).
                    ``(F) Requirement of matching funds.--
                            ``(i) In general.--Subject to clause (ii), 
                        the Secretary may not make an award under this 
                        subsection unless the applicant agrees, with 
                        respect to the costs to be incurred by the 
                        applicant in carrying out the purpose described 
                        in this subsection, to make available non-
                        Federal contributions toward such costs in an 
                        amount equal to--
                                    ``(I) for each of fiscal years 2023 
                                and 2024, not less than $1 for each $10 
                                of Federal funds provided in the award;
                                    ``(II) for each of fiscal years 
                                2025 and 2026, not less than $1 for 
                                each $5 of Federal funds provided in 
                                the award; and
                                    ``(III) for fiscal year 2027 and 
                                each fiscal year thereafter, not less 
                                than $1 for each $3 of Federal funds 
                                provided in the award.
                            ``(ii) Waiver.--
                                    ``(I) In general.--The Secretary 
                                may, upon the request of a State, waive 
                                the requirement under clause (i) in 
                                whole or in part if the Secretary 
                                determines that extraordinary economic 
                                conditions in the State in the fiscal 
                                year involved or in the previous fiscal 
                                year justify the waiver.
                                    ``(II) Applicability of waiver.--A 
                                waiver provided by the Secretary under 
                                this subparagraph shall apply only to 
                                the fiscal year involved.
            ``(3) Stockpiling activities and requirements.--A recipient 
        of a grant, contract, or cooperative agreement under this 
        subsection shall use such funds to carry out the following:
                    ``(A) Maintaining a stockpile of appropriate drugs, 
                vaccines and other biological products, medical 
                devices, and other supplies (including personal 
                protective equipment, ancillary medical supplies, and 
                other applicable supplies required for the 
                administration of drugs, vaccines and other biological 
                products, medical devices, and diagnostic tests) to be 
                used during a public health emergency in such numbers, 
                types, and amounts as the State determines necessary, 
                consistent with such State's stockpile plan. Such a 
                recipient may not use funds to support the stockpiling 
                of countermeasures as defined under subsection (c), 
                unless the eligible entity provides justification for 
                maintaining such products and the Secretary determines 
                such appropriate and applicable.
                    ``(B) Deploying the stockpile as required by the 
                State to respond to an actual or potential public 
                health emergency.
                    ``(C) Replenishing and making necessary additions 
                or modifications to the contents of such stockpile or 
                stockpiles, including to address potential depletion.
                    ``(D) In consultation with Federal, State, and 
                local officials, take into consideration the 
                availability, deployment, dispensing, and 
                administration requirements of medical products within 
                the stockpile.
                    ``(E) Ensuring that procedures are followed for 
                inventory management and accounting, and for the 
                physical security of the stockpile, as appropriate.
                    ``(F) Reviewing and revising, as appropriate, the 
                contents of the stockpile on a regular basis to ensure 
                that to the extent practicable, advanced technologies 
                and medical products are considered.
                    ``(G) Carrying out exercises, drills, and other 
                training for purposes of stockpile deployment, 
                dispensing, and administration of medical products, and 
                for purposes of assessing the capability of such 
                stockpile to address the medical supply needs of public 
                health emergencies of varying types and scales, which 
                may be conducted in accordance with requirements 
                related to exercises, drills, and other training for 
                recipients of awards under section 319C-1 or 319C-2, as 
                applicable.
                    ``(H) Carrying out other activities as the State 
                determines appropriate, to support State efforts to 
                prepare for, and respond to, public health threats.
            ``(4) State plan coordination.--The eligible entity under 
        this subsection shall ensure appropriate coordination of the 
        State stockpile plan developed pursuant to paragraph (2)(A)(ii) 
        and the plans required pursuant to section 319C-1.
            ``(5) Guidance for states.--Not later than 180 days after 
        the date of enactment of this subsection, the Secretary, acting 
        through the Assistant Secretary for Preparedness and Response, 
        shall issue guidance for States related to maintaining and 
        replenishing a stockpile of medical products. The Secretary 
        shall update such guidance as appropriate.
            ``(6) Assistance to states.--The Secretary shall provide 
        assistance to States, including technical assistance, as 
        appropriate, to maintain and improve State and local public 
        health preparedness capabilities to distribute and dispense 
        medical products from a State stockpile.
            ``(7) Coordination with the strategic national stockpile.--
        Each recipient of an award under this subsection shall ensure 
        that the State stockpile plan developed pursuant to paragraph 
        (2)(A)(ii) contains such information as the Secretary may 
        require related to current inventory of supplies maintained 
        pursuant to paragraph (3), and any plans to replenish such 
        supplies, or procure new or alternative supplies. The Secretary 
        shall use information obtained from State stockpile plans to 
        inform the maintenance and management of the Strategic National 
        Stockpile pursuant to subsection (a).
            ``(8) Performance and accountability.--
                    ``(A) In general.--The Secretary, acting through 
                the Assistant Secretary for Preparedness and Response, 
                shall develop and implement a process to review and 
                audit entities in receipt of an award under this 
                subsection, including by establishing metrics to ensure 
                that each entity receiving such an award is carrying 
                out activities in accordance with the applicable State 
                stockpile plan. The Secretary may require entities to--
                            ``(i) measure progress toward achieving the 
                        outcome goals; and
                            ``(ii) at least annually, test, exercise, 
                        and rigorously evaluate the stockpile capacity 
                        and response capabilities of the entity, and 
                        report to the Secretary on the results of such 
                        test, exercise, and evaluation, and on progress 
                        toward achieving outcome goals, based on 
                        criteria established by the Secretary.
                    ``(B) Notification of failure.--The Secretary shall 
                develop and implement a process to notify entities that 
                are determined by the Secretary to have failed to meet 
                the requirements of the terms of an award under this 
                subsection. Such process shall provide such entities 
                with the opportunity to correct such noncompliance. An 
                entity that fails to correct such noncompliance shall 
                be subject to subparagraph (C).
                    ``(C) Withholding of certain amounts from entities 
                that fail to achieve benchmarks or submit state 
                stockpile plan.--Beginning with fiscal year 2022, and 
                in each succeeding fiscal year, the Secretary shall 
                withhold from each entity that has failed substantially 
                to meet the terms of an award under this subsection for 
                at least 1 of the 2 immediately preceding fiscal years 
                (beginning with fiscal year 2022), the amount allowed 
                for administrative expenses described in described in 
                paragraph (2)(D).
            ``(9) Authorization of appropriations.--For the purpose of 
        carrying out this subsection, there are authorized to be 
        appropriated $1,000,000,000 for each of fiscal years 2021 
        through 2030, to remain available until expended.''.

SEC. 7003. STRENGTHENING THE STRATEGIC NATIONAL STOCKPILE.

    Section 319F-2 of the Public Health Service Act (42 U.S.C. 247d-6b) 
is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)(A), by adding ``and the 
                contracts issued under paragraph (5)'' after 
                ``paragraph (1)''
                    (B) in paragraph (3)(F), by striking ``Secretary of 
                Homeland Security'' and inserting ``Secretary of Health 
                and Human Services, in coordination with or at the 
                request of, the Secretary of Homeland Security,'';
                    (C) by redesignating paragraph (5) as paragraph 
                (6);
                    (D) by inserting after paragraph (4) the following:
            ``(5) Surge capacity.--The Secretary, in maintaining the 
        stockpile under paragraph (1) and carrying out procedures under 
        paragraph (3), may--
                    ``(A) enter into contracts or cooperative 
                agreements with vendors for procurement, maintenance, 
                and storage of reserve amounts of drugs, vaccines and 
                other biological products, medical devices, and other 
                medical supplies (including personal protective 
                equipment, ancillary medical supplies, and other 
                applicable supplies required for the administration of 
                drugs, vaccines and other biological products, medical 
                devices, and diagnostic tests in the stockpile), under 
                such terms and conditions (including quantity, 
                production schedule, maintenance costs, and price of 
                product) as the Secretary may specify, including for 
                purposes of--
                            ``(i) maintenance and storage of reserve 
                        amounts of products intended to be delivered to 
                        the ownership of the Federal Government under 
                        the contract, which may consider costs of 
                        shipping, or otherwise transporting, handling, 
                        storage, and related costs for such product or 
                        products; and
                            ``(ii) maintaining domestic manufacturing 
                        capacity of such products to ensure additional 
                        reserved production capacity of such products 
                        is available, and that such products are 
                        provided in a timely manner, to be delivered to 
                        the ownership of the Federal Government under 
                        the contract and deployed in the event that the 
                        Secretary determines that there is a need to 
                        quickly purchase additional quantities of such 
                        product; and
                    ``(B) promulgate such regulations as the Secretary 
                determines necessary to implement this paragraph.''; 
                and
                    (E) in subparagraph (A) of paragraph (6), as so 
                redesignated--
                            (i) in clause (viii), by striking ``; and'' 
                        and inserting a semicolon;
                            (ii) in clause (ix), by striking the period 
                        and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(x) an assessment of the contracts or 
                        cooperative agreements entered into pursuant to 
                        paragraph (5).''; and
            (2) in subsection (c)(2)(C), by striking ``on an annual 
        basis'' and inserting ``not later than March 15 of each year''.

             TITLE VIII--CORONAVIRUS RELIEF FUND EXTENSION

SEC. 8001. EXTENSION OF PERIOD TO USE CORONAVIRUS RELIEF FUND PAYMENTS.

    Section 601(d)(3) of the Social Security Act (42 U.S.C. 801(d)(3)) 
is amended by striking ``December 30, 2020'' and inserting ``September 
30, 2021''.

                      TITLE IX--CHARITABLE GIVING

SEC. 9001. INCREASE IN LIMITATION ON PARTIAL ABOVE THE LINE DEDUCTION 
              FOR CHARITABLE CONTRIBUTIONS.

    (a) Increase.--
            (1) In general.--Paragraph (22) of section 62(a) of the 
        Internal Revenue Code of 1986 is amended to read as follows:
            ``(22) Charitable contributions.--In the case of a taxable 
        year beginning in 2020 of an individual to whom section 63(b) 
        applies for such taxable year, the deduction under section 
        170(a) (determined without regard to section 170(b)) for 
        qualified charitable contributions (not in excess of the 
        applicable amount).''.
            (2) Applicable amount.--Paragraph (1) of section 62(f) of 
        the Internal Revenue Code of 1986 is amended to read as 
        follows:
            ``(1) Applicable amount.--The term `applicable amount' 
        means $600 (twice such amount in the case of a joint 
        return).''.
            (3) Conforming amendment.--Section 62(f)(2)(B) of such Code 
        is amended by striking ``(determined without regard to 
        subsection (b) thereof)''.
    (b) Penalty for Underpayments Attributable to Overstated 
Deduction.--
            (1) In general.--Section 6662(b) of the Internal Revenue 
        Code of 1986 is amended by inserting after paragraph (8) the 
        following:
            ``(9) Any overstatement of qualified charitable 
        contributions (as defined in section 62(f)).''.
            (2) Increased penalty.--Section 6662 of such Code is 
        amended by adding at the end the following new subsection:
    ``(l) Increase in Penalty in Case of Overstatement of Qualified 
Charitable Contributions.--In the case of any portion of an 
underpayment which is attributable to one or more overstatements of a 
qualified charitable contribution (as defined in section 62(f)), 
subsection (a) shall be applied with respect to such portion by 
substituting `50 percent' for `20 percent'.''.
            (3) Exception to approval of assessment.--Section 
        6751(b)(2)(A) is amended by striking ``or 6655'' and inserting 
        ``6655, or 6662 (but only with respect to an addition to tax by 
        reason of subsection (b)(9) thereof)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2019.

                       TITLE X--CRITICAL MINERALS

SEC. 10001. MINERAL SECURITY.

    (a) Definitions.--In this section:
            (1) Byproduct.--The term ``byproduct'' means a critical 
        mineral--
                    (A) the recovery of which depends on the production 
                of a host mineral that is not designated as a critical 
                mineral; and
                    (B) that exists in sufficient quantities to be 
                recovered during processing or refining.
            (2) Critical mineral.--
                    (A) In general.--The term ``critical mineral'' 
                means any mineral, element, substance, or material 
                designated as critical by the Secretary under 
                subsection (c).
                    (B) Exclusions.--The term ``critical mineral'' does 
                not include--
                            (i) fuel minerals, including oil, natural 
                        gas, or any other fossil fuels; or
                            (ii) water, ice, or snow.
            (3) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands; and
                    (G) the United States Virgin Islands.
    (b) Policy.--
            (1) In general.--Section 3 of the National Materials and 
        Minerals Policy, Research and Development Act of 1980 (30 
        U.S.C. 1602) is amended in the second sentence--
                    (A) by striking paragraph (3) and inserting the 
                following:
            ``(3) establish an analytical and forecasting capability 
        for identifying critical mineral demand, supply, and other 
        factors to allow informed actions to be taken to avoid supply 
        shortages, mitigate price volatility, and prepare for demand 
        growth and other market shifts;'';
                    (B) in paragraph (6), by striking ``and'' after the 
                semicolon at the end; and
                    (C) by striking paragraph (7) and inserting the 
                following:
            ``(7) facilitate the availability, development, and 
        environmentally responsible production of domestic resources to 
        meet national material or critical mineral needs;
            ``(8) avoid duplication of effort, prevent unnecessary 
        paperwork, and minimize delays in the administration of 
        applicable laws (including regulations) and the issuance of 
        permits and authorizations necessary to explore for, develop, 
        and produce critical minerals and to construct critical mineral 
        manufacturing facilities in accordance with applicable 
        environmental and land management laws;
            ``(9) strengthen--
                    ``(A) educational and research capabilities at not 
                lower than the secondary school level; and
                    ``(B) workforce training for exploration and 
                development of critical minerals and critical mineral 
                manufacturing;
            ``(10) bolster international cooperation through technology 
        transfer, information sharing, and other means;
            ``(11) promote the efficient production, use, and recycling 
        of critical minerals;
            ``(12) develop alternatives to critical minerals; and
            ``(13) establish contingencies for the production of, or 
        access to, critical minerals for which viable sources do not 
        exist within the United States.''.
            (2) Conforming amendment.--Section 2(b) of the National 
        Materials and Minerals Policy, Research and Development Act of 
        1980 (30 U.S.C. 1601(b)) is amended by striking ``(b) As used 
        in this Act, the term'' and inserting the following:
    ``(b) Definitions.--In this Act:
            ``(1) Critical mineral.--The term `critical mineral' means 
        any mineral, element, substance, or material designated as 
        critical by the Secretary under section 3168(c) of the National 
        Defense Authorization Act for Fiscal Year 2021.
            ``(2) Materials.--The term''.
    (c) Critical Mineral Designations.--
            (1) Draft methodology and list.--The Secretary, acting 
        through the Director of the United States Geological Survey 
        (referred to in this subsection as the ``Secretary''), shall 
        publish in the Federal Register for public comment--
                    (A) a description of the draft methodology used to 
                identify a draft list of critical minerals;
                    (B) a draft list of minerals, elements, substances, 
                and materials that qualify as critical minerals; and
                    (C) a draft list of critical minerals recovered as 
                byproducts.
            (2) Availability of data.--If available data is 
        insufficient to provide a quantitative basis for the 
        methodology developed under this subsection, qualitative 
        evidence may be used to the extent necessary.
            (3) Final methodology and list.--After reviewing public 
        comments on the draft methodology and the draft lists published 
        under paragraph (1) and updating the methodology and lists as 
        appropriate, not later than 45 days after the date on which the 
        public comment period with respect to the draft methodology and 
        draft lists closes, the Secretary shall publish in the Federal 
        Register--
                    (A) a description of the final methodology for 
                determining which minerals, elements, substances, and 
                materials qualify as critical minerals;
                    (B) the final list of critical minerals; and
                    (C) the final list of critical minerals recovered 
                as byproducts.
            (4) Designations.--
                    (A) In general.--For purposes of carrying out this 
                subsection, the Secretary shall maintain a list of 
                minerals, elements, substances, and materials 
                designated as critical, pursuant to the final 
                methodology published under paragraph (3), that the 
                Secretary determines--
                            (i) are essential to the economic or 
                        national security of the United States;
                            (ii) the supply chain of which is 
                        vulnerable to disruption (including 
                        restrictions associated with foreign political 
                        risk, abrupt demand growth, military conflict, 
                        violent unrest, anti-competitive or 
                        protectionist behaviors, and other risks 
                        throughout the supply chain); and
                            (iii) serve an essential function in the 
                        manufacturing of a product (including energy 
                        technology-, defense-, currency-, agriculture-, 
                        consumer electronics-, and health care-related 
                        applications), the absence of which would have 
                        significant consequences for the economic or 
                        national security of the United States.
                    (B) Inclusions.--Notwithstanding the criteria under 
                paragraph (3), the Secretary may designate and include 
                on the list any mineral, element, substance, or 
                material determined by another Federal agency to be 
                strategic and critical to the defense or national 
                security of the United States.
                    (C) Required consultation.--The Secretary shall 
                consult with the Secretaries of Defense, Commerce, 
                Agriculture, and Energy and the United States Trade 
                Representative in designating minerals, elements, 
                substances, and materials as critical under this 
                paragraph.
            (5) Subsequent review.--
                    (A) In general.--The Secretary, in consultation 
                with the Secretaries of Defense, Commerce, Agriculture, 
                and Energy and the United States Trade Representative, 
                shall review the methodology and list under paragraph 
                (3) and the designations under paragraph (4) at least 
                every 3 years, or more frequently as the Secretary 
                considers to be appropriate.
                    (B) Revisions.--Subject to paragraph (4)(A), the 
                Secretary may--
                            (i) revise the methodology described in 
                        this subsection;
                            (ii) determine that minerals, elements, 
                        substances, and materials previously determined 
                        to be critical minerals are no longer critical 
                        minerals; and
                            (iii) designate additional minerals, 
                        elements, substances, or materials as critical 
                        minerals.
            (6) Notice.--On finalization of the methodology and the 
        list under paragraph (3), or any revision to the methodology or 
        list under paragraph (5), the Secretary shall submit to 
        Congress written notice of the action.
    (d) Resource Assessment.--
            (1) In general.--Not later than 4 years after the date of 
        enactment of this Act, in consultation with applicable State 
        (including geological surveys), local, academic, industry, and 
        other entities, the Secretary (acting through the Director of 
        the United States Geological Survey) or a designee of the 
        Secretary, shall complete a comprehensive national assessment 
        of each critical mineral that--
                    (A) identifies and quantifies known critical 
                mineral resources, using all available public and 
                private information and datasets, including exploration 
                histories; and
                    (B) provides a quantitative and qualitative 
                assessment of undiscovered critical mineral resources 
                throughout the United States, including probability 
                estimates of tonnage and grade, using all available 
                public and private information and datasets, including 
                exploration histories.
            (2) Supplementary information.--In carrying out this 
        subsection, the Secretary may carry out surveys and field work 
        (including drilling, remote sensing, geophysical surveys, 
        topographical and geological mapping, and geochemical sampling 
        and analysis) to supplement existing information and datasets 
        available for determining the existence of critical minerals in 
        the United States.
            (3) Public access.--Subject to applicable law, to the 
        maximum extent practicable, the Secretary shall make all data 
        and metadata collected from the comprehensive national 
        assessment carried out under paragraph (1) publically and 
        electronically accessible.
            (4) Technical assistance.--At the request of the Governor 
        of a State or the head of an Indian tribe, the Secretary may 
        provide technical assistance to State governments and Indian 
        tribes conducting critical mineral resource assessments on non-
        Federal land.
            (5) Prioritization.--
                    (A) In general.--The Secretary may sequence the 
                completion of resource assessments for each critical 
                mineral such that critical minerals considered to be 
                most critical under the methodology established under 
                subsection (c) are completed first.
                    (B) Reporting.--During the period beginning not 
                later than 1 year after the date of enactment of this 
                Act and ending on the date of completion of all of the 
                assessments required under this subsection, the 
                Secretary shall submit to Congress on an annual basis 
                an interim report that--
                            (i) identifies the sequence and schedule 
                        for completion of the assessments if the 
                        Secretary sequences the assessments; or
                            (ii) describes the progress of the 
                        assessments if the Secretary does not sequence 
                        the assessments.
            (6) Updates.--The Secretary may periodically update the 
        assessments conducted under this subsection based on--
                    (A) the generation of new information or datasets 
                by the Federal Government; or
                    (B) the receipt of new information or datasets from 
                critical mineral producers, State geological surveys, 
                academic institutions, trade associations, or other 
                persons.
            (7) Additional surveys.--The Secretary shall complete a 
        resource assessment for each additional mineral or element 
        subsequently designated as a critical mineral under subsection 
        (c)(5)(B) not later than 2 years after the designation of the 
        mineral or element.
            (8) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        report describing the status of geological surveying of Federal 
        land for any mineral commodity--
                    (A) for which the United States was dependent on a 
                foreign country for more than 25 percent of the United 
                States supply, as depicted in the report issued by the 
                United States Geological Survey entitled ``Mineral 
                Commodity Summaries 2020''; but
                    (B) that is not designated as a critical mineral 
                under subsection (c).
    (e) Permitting.--
            (1) Sense of congress.--It is the sense of Congress that--
                    (A) critical minerals are fundamental to the 
                economy, competitiveness, and security of the United 
                States;
                    (B) to the maximum extent practicable, the critical 
                mineral needs of the United States should be satisfied 
                by minerals responsibly produced and recycled in the 
                United States; and
                    (C) the Federal permitting process has been 
                identified as an impediment to mineral production and 
                the mineral security of the United States.
            (2) Performance improvements.--To improve the quality and 
        timeliness of decisions, the Secretary (acting through the 
        Director of the Bureau of Land Management) and the Secretary of 
        Agriculture (acting through the Chief of the Forest Service) 
        (referred to in this subsection as the ``Secretaries'') shall, 
        to the maximum extent practicable, with respect to critical 
        mineral production on Federal land, complete Federal permitting 
        and review processes with maximum efficiency and effectiveness, 
        while supporting vital economic growth, by--
                    (A) establishing and adhering to timelines and 
                schedules for the consideration of, and final decisions 
                regarding, applications, operating plans, leases, 
                licenses, permits, and other use authorizations for 
                mineral-related activities on Federal land;
                    (B) establishing clear, quantifiable, and temporal 
                permitting performance goals and tracking progress 
                against those goals;
                    (C) engaging in early collaboration among agencies, 
                project sponsors, and affected stakeholders--
                            (i) to incorporate and address the 
                        interests of those parties; and
                            (ii) to minimize delays;
                    (D) ensuring transparency and accountability by 
                using cost-effective information technology to collect 
                and disseminate information regarding individual 
                projects and agency performance;
                    (E) engaging in early and active consultation with 
                State, local, and Indian tribal governments to avoid 
                conflicts or duplication of effort, resolve concerns, 
                and allow for concurrent, rather than sequential, 
                reviews;
                    (F) providing demonstrable improvements in the 
                performance of Federal permitting and review processes, 
                including lower costs and more timely decisions;
                    (G) expanding and institutionalizing permitting and 
                review process improvements that have proven effective;
                    (H) developing mechanisms to better communicate 
                priorities and resolve disputes among agencies at the 
                national, regional, State, and local levels; and
                    (I) developing other practices, such as 
                preapplication procedures.
            (3) Review and report.--Not later than 1 year after the 
        date of enactment of this Act, the Secretaries shall submit to 
        Congress a report that--
                    (A) identifies additional measures (including 
                regulatory and legislative proposals, as appropriate) 
                that would increase the timeliness of permitting 
                activities for the exploration and development of 
                domestic critical minerals;
                    (B) identifies options (including cost recovery 
                paid by permit applicants) for ensuring adequate 
                staffing and training of Federal entities and personnel 
                responsible for the consideration of applications, 
                operating plans, leases, licenses, permits, and other 
                use authorizations for critical mineral-related 
                activities on Federal land;
                    (C) quantifies the amount of time typically 
                required (including range derived from minimum and 
                maximum durations, mean, median, variance, and other 
                statistical measures or representations) to complete 
                each step (including those aspects outside the control 
                of the executive branch, such as judicial review, 
                applicant decisions, or State and local government 
                involvement) associated with the development and 
                processing of applications, operating plans, leases, 
                licenses, permits, and other use authorizations for 
                critical mineral-related activities on Federal land, 
                which shall serve as a baseline for the performance 
                metric under paragraph (4); and
                    (D) describes actions carried out pursuant to 
                paragraph (2).
            (4) Performance metric.--Not later than 90 days after the 
        date of submission of the report under paragraph (3), the 
        Secretaries, after providing public notice and an opportunity 
        to comment, shall develop and publish a performance metric for 
        evaluating the progress made by the executive branch to 
        expedite the permitting of activities that will increase 
        exploration for, and development of, domestic critical 
        minerals, while maintaining environmental standards.
            (5) Annual reports.--Beginning with the first budget 
        submission by the President under section 1105 of title 31, 
        United States Code, after publication of the performance metric 
        required under paragraph (4), and annually thereafter, the 
        Secretaries shall submit to Congress a report that--
                    (A) summarizes the implementation of 
                recommendations, measures, and options identified in 
                subparagraphs (A) and (B) of paragraph (3);
                    (B) using the performance metric under paragraph 
                (4), describes progress made by the executive branch, 
                as compared to the baseline established pursuant to 
                paragraph (3)(C), on expediting the permitting of 
                activities that will increase exploration for, and 
                development of, domestic critical minerals; and
                    (C) compares the United States to other countries 
                in terms of permitting efficiency and any other 
                criteria relevant to the globally competitive critical 
                minerals industry.
            (6) Individual projects.--Using data from the Secretaries 
        generated under paragraph (5), the Director of the Office of 
        Management and Budget shall prioritize inclusion of individual 
        critical mineral projects on the website operated by the Office 
        of Management and Budget in accordance with section 1122 of 
        title 31, United States Code.
            (7) Report of small business administration.--Not later 
        than 1 year and 300 days after the date of enactment of this 
        Act, the Administrator of the Small Business Administration 
        shall submit to the applicable committees of Congress a report 
        that assesses the performance of Federal agencies with respect 
        to--
                    (A) complying with chapter 6 of title 5, United 
                States Code (commonly known as the ``Regulatory 
                Flexibility Act''), in promulgating regulations 
                applicable to the critical minerals industry; and
                    (B) performing an analysis of regulations 
                applicable to the critical minerals industry that may 
                be outmoded, inefficient, duplicative, or excessively 
                burdensome.
    (f) Federal Register Process.--
            (1) Departmental review.--Absent any extraordinary 
        circumstance, and except as otherwise required by law, the 
        Secretary and the Secretary of Agriculture shall ensure that 
        each Federal Register notice described in paragraph (2) shall 
        be--
                    (A) subject to any required reviews within the 
                Department of the Interior or the Department of 
                Agriculture; and
                    (B) published in final form in the Federal Register 
                not later than 45 days after the date of initial 
                preparation of the notice.
            (2) Preparation.--The preparation of Federal Register 
        notices required by law associated with the issuance of a 
        critical mineral exploration or mine permit shall be delegated 
        to the organizational level within the agency responsible for 
        issuing the critical mineral exploration or mine permit.
            (3) Transmission.--All Federal Register notices regarding 
        official document availability, announcements of meetings, or 
        notices of intent to undertake an action shall be originated 
        in, and transmitted to the Federal Register from, the office in 
        which, as applicable--
                    (A) the documents or meetings are held; or
                    (B) the activity is initiated.
    (g) Recycling, Efficiency, and Alternatives.--
            (1) Establishment.--The Secretary of Energy (referred to in 
        this subsection as the ``Secretary'') shall conduct a program 
        of research and development--
                    (A) to promote the efficient production, use, and 
                recycling of critical minerals throughout the supply 
                chain; and
                    (B) to develop alternatives to critical minerals 
                that do not occur in significant abundance in the 
                United States.
            (2) Cooperation.--In carrying out the program, the 
        Secretary shall cooperate with appropriate--
                    (A) Federal agencies and National Laboratories;
                    (B) critical mineral producers;
                    (C) critical mineral processors;
                    (D) critical mineral manufacturers;
                    (E) trade associations;
                    (F) academic institutions;
                    (G) small businesses; and
                    (H) other relevant entities or individuals.
            (3) Activities.--Under the program, the Secretary shall 
        carry out activities that include the identification and 
        development of--
                    (A) advanced critical mineral extraction, 
                production, separation, alloying, or processing 
                technologies that decrease the energy consumption, 
                environmental impact, and costs of those activities, 
                including--
                            (i) efficient water and wastewater 
                        management strategies;
                            (ii) technologies and management strategies 
                        to control the environmental impacts of 
                        radionuclides in ore tailings;
                            (iii) technologies for separation and 
                        processing; and
                            (iv) technologies for increasing the 
                        recovery rates of byproducts from host metal 
                        ores;
                    (B) technologies or process improvements that 
                minimize the use, or lead to more efficient use, of 
                critical minerals across the full supply chain;
                    (C) technologies, process improvements, or design 
                optimizations that facilitate the recycling of critical 
                minerals, and options for improving the rates of 
                collection of products and scrap containing critical 
                minerals from post-consumer, industrial, or other waste 
                streams;
                    (D) commercial markets, advanced storage methods, 
                energy applications, and other beneficial uses of 
                critical minerals processing byproducts;
                    (E) alternative minerals, metals, and materials, 
                particularly those available in abundance within the 
                United States and not subject to potential supply 
                restrictions, that lessen the need for critical 
                minerals; and
                    (F) alternative energy technologies or alternative 
                designs of existing energy technologies, particularly 
                those that use minerals that--
                            (i) occur in abundance in the United 
                        States; and
                            (ii) are not subject to potential supply 
                        restrictions.
            (4) Reports.--Not later than 2 years after the date of 
        enactment of this Act, and annually thereafter, the Secretary 
        shall submit to Congress a report summarizing the activities, 
        findings, and progress of the program.
    (h) Analysis and Forecasting.--
            (1) Capabilities.--In order to evaluate existing critical 
        mineral policies and inform future actions that may be taken to 
        avoid supply shortages, mitigate price volatility, and prepare 
        for demand growth and other market shifts, the Secretary 
        (acting through the Director of the United States Geological 
        Survey) or a designee of the Secretary, in consultation with 
        the Energy Information Administration, academic institutions, 
        and others in order to maximize the application of existing 
        competencies related to developing and maintaining computer-
        models and similar analytical tools, shall conduct and publish 
        the results of an annual report that includes--
                    (A) as part of the annually published Mineral 
                Commodity Summaries from the United States Geological 
                Survey, a comprehensive review of critical mineral 
                production, consumption, and recycling patterns, 
                including--
                            (i) the quantity of each critical mineral 
                        domestically produced during the preceding 
                        year;
                            (ii) the quantity of each critical mineral 
                        domestically consumed during the preceding 
                        year;
                            (iii) market price data or other price data 
                        for each critical mineral;
                            (iv) an assessment of--
                                    (I) critical mineral requirements 
                                to meet the national security, energy, 
                                economic, industrial, technological, 
                                and other needs of the United States 
                                during the preceding year;
                                    (II) the reliance of the United 
                                States on foreign sources to meet those 
                                needs during the preceding year; and
                                    (III) the implications of any 
                                supply shortages, restrictions, or 
                                disruptions during the preceding year;
                            (v) the quantity of each critical mineral 
                        domestically recycled during the preceding 
                        year;
                            (vi) the market penetration during the 
                        preceding year of alternatives to each critical 
                        mineral;
                            (vii) a discussion of international trends 
                        associated with the discovery, production, 
                        consumption, use, costs of production, prices, 
                        and recycling of each critical mineral as well 
                        as the development of alternatives to critical 
                        minerals; and
                            (viii) such other data, analyses, and 
                        evaluations as the Secretary finds are 
                        necessary to achieve the purposes of this 
                        subsection; and
                    (B) a comprehensive forecast, entitled the ``Annual 
                Critical Minerals Outlook'', of projected critical 
                mineral production, consumption, and recycling 
                patterns, including--
                            (i) the quantity of each critical mineral 
                        projected to be domestically produced over the 
                        subsequent 1-year, 5-year, and 10-year periods;
                            (ii) the quantity of each critical mineral 
                        projected to be domestically consumed over the 
                        subsequent 1-year, 5-year, and 10-year periods;
                            (iii) an assessment of--
                                    (I) critical mineral requirements 
                                to meet projected national security, 
                                energy, economic, industrial, 
                                technological, and other needs of the 
                                United States;
                                    (II) the projected reliance of the 
                                United States on foreign sources to 
                                meet those needs; and
                                    (III) the projected implications of 
                                potential supply shortages, 
                                restrictions, or disruptions;
                            (iv) the quantity of each critical mineral 
                        projected to be domestically recycled over the 
                        subsequent 1-year, 5-year, and 10-year periods;
                            (v) the market penetration of alternatives 
                        to each critical mineral projected to take 
                        place over the subsequent 1-year, 5-year, and 
                        10-year periods;
                            (vi) a discussion of reasonably foreseeable 
                        international trends associated with the 
                        discovery, production, consumption, use, costs 
                        of production, and recycling of each critical 
                        mineral as well as the development of 
                        alternatives to critical minerals; and
                            (vii) such other projections relating to 
                        each critical mineral as the Secretary 
                        determines to be necessary to achieve the 
                        purposes of this subsection.
            (2) Proprietary information.--In preparing a report 
        described in paragraph (1), the Secretary shall ensure, 
        consistent with section 5(f) of the National Materials and 
        Minerals Policy, Research and Development Act of 1980 (30 
        U.S.C. 1604(f)), that--
                    (A) no person uses the information and data 
                collected for the report for a purpose other than the 
                development of or reporting of aggregate data in a 
                manner such that the identity of the person or firm who 
                supplied the information is not discernible and is not 
                material to the intended uses of the information;
                    (B) no person discloses any information or data 
                collected for the report unless the information or data 
                has been transformed into a statistical or aggregate 
                form that does not allow the identification of the 
                person or firm who supplied particular information; and
                    (C) procedures are established to require the 
                withholding of any information or data collected for 
                the report if the Secretary determines that withholding 
                is necessary to protect proprietary information, 
                including any trade secrets or other confidential 
                information.
    (i) Education and Workforce.--
            (1) Workforce assessment.--Not later than 1 year and 300 
        days after the date of enactment of this Act, the Secretary of 
        Labor (in consultation with the Secretary, the Director of the 
        National Science Foundation, institutions of higher education 
        with substantial expertise in mining, institutions of higher 
        education with significant expertise in minerals research, 
        including fundamental research into alternatives, and employers 
        in the critical minerals sector) shall submit to Congress an 
        assessment of the domestic availability of technically trained 
        personnel necessary for critical mineral exploration, 
        development, assessment, production, manufacturing, recycling, 
        analysis, forecasting, education, and research, including an 
        analysis of--
                    (A) skills that are in the shortest supply as of 
                the date of the assessment;
                    (B) skills that are projected to be in short supply 
                in the future;
                    (C) the demographics of the critical minerals 
                industry and how the demographics will evolve under the 
                influence of factors such as an aging workforce;
                    (D) the effectiveness of training and education 
                programs in addressing skills shortages;
                    (E) opportunities to hire locally for new and 
                existing critical mineral activities;
                    (F) the sufficiency of personnel within relevant 
                areas of the Federal Government for achieving the 
                policies described in section 3 of the National 
                Materials and Minerals Policy, Research and Development 
                Act of 1980 (30 U.S.C. 1602); and
                    (G) the potential need for new training programs to 
                have a measurable effect on the supply of trained 
                workers in the critical minerals industry.
            (2) Curriculum study.--
                    (A) In general.--The Secretary and the Secretary of 
                Labor shall jointly enter into an arrangement with the 
                National Academy of Sciences and the National Academy 
                of Engineering under which the Academies shall 
                coordinate with the National Science Foundation on 
                conducting a study--
                            (i) to design an interdisciplinary program 
                        on critical minerals that will support the 
                        critical mineral supply chain and improve the 
                        ability of the United States to increase 
                        domestic, critical mineral exploration, 
                        development, production, manufacturing, 
                        research, including fundamental research into 
                        alternatives, and recycling;
                            (ii) to address undergraduate and graduate 
                        education, especially to assist in the 
                        development of graduate level programs of 
                        research and instruction that lead to advanced 
                        degrees with an emphasis on the critical 
                        mineral supply chain or other positions that 
                        will increase domestic, critical mineral 
                        exploration, development, production, 
                        manufacturing, research, including fundamental 
                        research into alternatives, and recycling;
                            (iii) to develop guidelines for proposals 
                        from institutions of higher education with 
                        substantial capabilities in the required 
                        disciplines for activities to improve the 
                        critical mineral supply chain and advance the 
                        capacity of the United States to increase 
                        domestic, critical mineral exploration, 
                        research, development, production, 
                        manufacturing, and recycling; and
                            (iv) to outline criteria for evaluating 
                        performance and recommendations for the amount 
                        of funding that will be necessary to establish 
                        and carry out the program described in 
                        paragraph (3).
                    (B) Report.--Not later than 2 years after the date 
                of enactment of this Act, the Secretary shall submit to 
                Congress a description of the results of the study 
                required under subparagraph (A).
            (3) Program.--
                    (A) Establishment.--The Secretary and the Secretary 
                of Labor shall jointly conduct a competitive grant 
                program under which institutions of higher education 
                may apply for and receive 4-year grants for--
                            (i) startup costs for newly designated 
                        faculty positions in integrated critical 
                        mineral education, research, innovation, 
                        training, and workforce development programs 
                        consistent with paragraph (2);
                            (ii) internships, scholarships, and 
                        fellowships for students enrolled in programs 
                        related to critical minerals;
                            (iii) equipment necessary for integrated 
                        critical mineral innovation, training, and 
                        workforce development programs; and
                            (iv) research of critical minerals and 
                        their applications, particularly concerning the 
                        manufacture of critical components vital to 
                        national security.
                    (B) Renewal.--A grant under this paragraph shall be 
                renewable for up to 2 additional 3-year terms based on 
                performance criteria outlined under paragraph 
                (2)(A)(iv).
    (j) National Geological and Geophysical Data Preservation 
Program.--Section 351(k) of the Energy Policy Act of 2005 (42 U.S.C. 
15908(k)) is amended by striking ``$30,000,000 for each of fiscal years 
2006 through 2010'' and inserting ``$5,000,000 for each of fiscal years 
2021 through 2030, to remain available until expended''.
    (k) Administration.--
            (1) In general.--The National Critical Materials Act of 
        1984 (30 U.S.C. 1801 et seq.) is repealed.
            (2) Conforming amendment.--Section 3(d) of the National 
        Superconductivity and Competitiveness Act of 1988 (15 U.S.C. 
        5202(d)) is amended in the first sentence by striking ``, with 
        the assistance of the National Critical Materials Council as 
        specified in the National Critical Materials Act of 1984 (30 
        U.S.C. 1801 et seq.),''.
            (3) Savings clauses.--
                    (A) In general.--Nothing in this section or an 
                amendment made by this section modifies any requirement 
                or authority provided by--
                            (i) the matter under the heading 
                        ``geological survey'' of the first section of 
                        the Act of March 3, 1879 (43 U.S.C. 31(a)); or
                            (ii) the first section of Public Law 87-626 
                        (43 U.S.C. 31(b)).
                    (B) Effect on department of defense.--Nothing in 
                this section or an amendment made by this section 
                affects the authority of the Secretary of Defense with 
                respect to the work of the Department of Defense on 
                critical material supplies in furtherance of the 
                national defense mission of the Department of Defense.
                    (C) Secretarial order not affected.--This section 
                shall not apply to any mineral described in Secretarial 
                Order No. 3324, issued by the Secretary on December 3, 
                2012, in any area to which the order applies.
            (4) Application of certain provisions.--
                    (A) In general.--Subsections (e) and (f) shall 
                apply to--
                            (i) an exploration project in which the 
                        presence of a byproduct is reasonably expected, 
                        based on known mineral companionality, geologic 
                        formation, mineralogy, or other factors; and
                            (ii) a project that demonstrates that the 
                        byproduct is of sufficient grade that, when 
                        combined with the production of a host mineral, 
                        the byproduct is economic to recover, as 
                        determined by the applicable Secretary in 
                        accordance with subparagraph (B).
                    (B) Requirement.--In making the determination under 
                subparagraph (A)(ii), the applicable Secretary shall 
                consider the cost effectiveness of the byproducts 
                recovery.
    (l) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $50,000,000 for each of fiscal 
years 2021 through 2030.

SEC. 10002. RARE EARTH ELEMENT ADVANCED COAL TECHNOLOGIES.

    (a) Program for Extraction and Recovery of Rare Earth Elements and 
Minerals From Coal and Coal Byproducts.--
            (1) In general.--The Secretary of Energy, acting through 
        the Assistant Secretary for Fossil Energy (referred to in this 
        section as the ``Secretary''), shall carry out a program under 
        which the Secretary shall develop advanced separation 
        technologies for the extraction and recovery of rare earth 
        elements and minerals from coal and coal byproducts.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out the program 
        described in paragraph (1) $23,000,000 for each of fiscal years 
        2021 through 2028.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Energy and 
Natural Resources of the Senate and the Committee on Energy and 
Commerce of the House of Representatives a report evaluating the 
development of advanced separation technologies for the extraction and 
recovery of rare earth elements and minerals from coal and coal 
byproducts, including acid mine drainage from coal mines.

                   TITLE XI--MISCELLANEOUS PROVISIONS

SEC. 11001. EMERGENCY DESIGNATION.

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

DIVISION B--CORONAVIRUS RESPONSE ADDITIONAL SUPPLEMENTAL APPROPRIATIONS 
                               ACT, 2020

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

                                TITLE I

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

   payments to states for the child care and development block grant

    For an additional amount for ``Payments to States for the Child 
Care and Development Block Grant'', $5,000,000,000, to remain available 
through September 30, 2021, to prevent, prepare for, and respond to 
coronavirus, domestically or internationally, including for Federal 
administrative expenses, which shall be used to supplement, not 
supplant State, Territory, and Tribal general revenue funds for child 
care assistance for low-income families within the United States 
(including territories) without regard to requirements in sections 
658E(c)(3)(D)-(E) or 658G of the Child Care and Development Block Grant 
Act:  Provided, That funds provided under this heading in this Act may 
be used to provide continued payments and assistance to child care 
providers in the case of decreased enrollment or closures related to 
coronavirus, and to assure they are able to remain open or reopen as 
appropriate and applicable:  Provided further, That States, 
Territories, and Tribes are encouraged to place conditions on payments 
to child care providers that ensure that child care providers use a 
portion of funds received to continue to pay the salaries and wages of 
staff:  Provided further, That the Secretary shall remind States that 
CCDBG State plans do not need to be amended prior to utilizing existing 
authorities in the CCDBG Act for the purposes provided herein:  
Provided further, That States, Territories, and Tribes are authorized 
to use funds appropriated under this heading in this Act to provide 
child care assistance to health care sector employees, emergency 
responders, sanitation workers, and other workers deemed essential 
during the response to coronavirus by public officials, without regard 
to the income eligibility requirements of section 658P(4) of such Act:  
Provided further, That funds appropriated under this heading in this 
Act shall be available to eligible child care providers under section 
658P(6) of the CCDBG Act, even if such providers were not receiving 
CCDBG assistance prior to the public health emergency as a result of 
the coronavirus and any renewal of such declaration pursuant to such 
section 319, for the purposes of cleaning and sanitation, and other 
activities necessary to maintain or resume the operation of programs:  
Provided further, That payments made under this heading in this Act may 
be obligated in this fiscal year or the succeeding two fiscal years:  
Provided further, That funds appropriated under this heading in this 
Act may be made available to restore amounts, either directly or 
through reimbursement, for obligations incurred to prevent, prepare 
for, and respond to coronavirus, domestically or internationally, prior 
to the date of enactment of this Act:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                     back to work child care grants

    For an additional amount for ``Back to Work Child Care Grants'', 
$10,000,000,000, to remain available through September 30, 2021, to 
prevent, prepare for, and respond to coronavirus, domestically or 
internationally, which shall be for activities to carry out Back to 
Work Child Care Grants as authorized by section 6101 of division A of 
this Act:  Provided, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                        Office of the Secretary

            public health and social services emergency fund

                     (including transfer of funds)

    For an additional amount for ``Public Health and Social Services 
Emergency Fund'', $31,000,000,000, to remain available until September 
30, 2024, to prevent, prepare for, and respond to coronavirus, 
domestically or internationally, including the development of necessary 
countermeasures and vaccines, prioritizing platform-based technologies 
with U.S.-based manufacturing capabilities, the purchase of vaccines, 
therapeutics, diagnostics, necessary medical supplies, as well as 
medical surge capacity, addressing blood supply chain, workforce 
modernization, telehealth access and infrastructure, initial advanced 
manufacturing, novel dispensing, enhancements to the U.S. Commissioned 
Corps, and other preparedness and response activities:  Provided, That 
funds appropriated under this paragraph in this Act may be used to 
develop and demonstrate innovations and enhancements to manufacturing 
platforms to support such capabilities:  Provided further, That the 
Secretary of Health and Human Services shall purchase vaccines 
developed using funds made available under this paragraph in this Act 
to respond to an outbreak or pandemic related to coronavirus in 
quantities determined by the Secretary to be adequate to address the 
public health need:  Provided further, That products purchased by the 
Federal government with funds made available under this paragraph in 
this Act, including vaccines, therapeutics, and diagnostics, shall be 
purchased in accordance with Federal Acquisition Regulation guidance on 
fair and reasonable pricing:  Provided further, That the Secretary may 
take such measures authorized under current law to ensure that 
vaccines, therapeutics, and diagnostics developed from funds provided 
in this Act will be affordable in the commercial market:  Provided 
further, That in carrying out the previous proviso, the Secretary shall 
not take actions that delay the development of such products:  Provided 
further, That the Secretary shall ensure that protections remain for 
individuals enrolled in group or individual health care coverage with 
pre-existing conditions, including those linked to coronavirus:  
Provided further, That products purchased with funds appropriated under 
this paragraph in this Act may, at the discretion of the Secretary of 
Health and Human Services, be deposited in the Strategic National 
Stockpile under section 319F-2 of the Public Health Service Act:  
Provided further, That of the amount appropriated under this paragraph 
in this Act, not more than $2,000,000,000 shall be for the Strategic 
National Stockpile under section 319F-2(a) of such Act:  Provided 
further, That funds appropriated under this paragraph in this Act may 
be transferred to, and merged with, the fund authorized by section 
319F-4, the Covered Counter measure Process Fund, of the Public Health 
Service Act:  Provided further, That of the amount appropriated under 
this paragraph in this Act, not more than $2,000,000,000, to remain 
available until September 30, 2022, shall be for activities to improve 
and sustain State medical stockpiles, as described in the amendments 
made by section 7002 of division A of this Act:  Provided further, That 
of the amount appropriated under this paragraph in this Act, 
$20,000,000,000 shall be available to the Biomedical Advanced Research 
and Development Authority for necessary expenses of manufacturing, 
production, and purchase, at the discretion of the Secretary, of 
vaccines, therapeutics, diagnostics, and small molecule active 
pharmaceutical ingredients, including the development, translation, and 
demonstration at scale of innovations in manufacturing platforms:  
Provided further, That funds in the previous proviso may be used for 
the construction or renovation of U.S.-based next generation 
manufacturing facilities, other than facilities owned by the United 
States Government:    Provided further, That amounts provided in the 
eleventh proviso may be for necessary expenses related to the sustained 
on-shore manufacturing capacity for public health emergencies, as 
described in the amendments made by section 7001 of division A of this 
Act:  Provided further, That of the amount appropriated under this 
paragraph in this Act, $6,000,000,000 shall be for activities to plan, 
prepare for, promote, distribute, administer, monitor, and track 
coronavirus vaccines to ensure broad-based distribution, access, and 
vaccine coverage:  Provided further, That the Secretary shall 
coordinate funding and activities outlined in the previous proviso 
through the Director of CDC:  Provided further, That the Secretary, 
through the Director of CDC, shall report to the Committees on 
Appropriations of the House of Representatives and the Senate within 60 
days of enactment of this Act on a comprehensive coronavirus vaccine 
distribution strategy and spend plan that includes how existing 
infrastructure will be leveraged, enhancements or new infrastructure 
that may be built, considerations for moving and storing vaccines, 
guidance for how States and health care providers should prepare for, 
store, and administer vaccines, nationwide vaccination targets, funding 
that will be distributed to States, how an informational campaign to 
both the public and health care providers will be executed, and how the 
vaccine distribution plan will focus efforts on high risk, underserved, 
and minority populations:  Provided further, That such plan shall be 
updated and provided to the Committees on Appropriations of the House 
of Representatives and the Senate 90 days after submission of the first 
plan:  Provided further, That the Secretary shall notify the Committees 
on Appropriations of the House of Representatives and the Senate 2 days 
in advance of any obligation in excess of $50,000,000, including but 
not limited to contracts and interagency agreements, from funds 
provided in this paragraph in this Act:  Provided further, That funds 
appropriated under this paragraph in this Act may be used for the 
construction, alteration, or renovation of non-federally owned 
facilities for the production of vaccines, therapeutics, diagnostics, 
and medical supplies where the Secretary determines that such a 
contract is necessary to secure sufficient amounts of such supplies:  
Provided further, That the not later than 30 days after enactment of 
this Act, and every 30 days thereafter until funds are expended, the 
Secretary shall report to the Committees on Appropriations of the House 
of Representatives and the Senate on uses of funding for Operation Warp 
Speed, detailing current obligations by Department or Agency, or 
component thereof broken out by the coronavirus supplemental 
appropriations Act that provided the source of funds:  Provided 
further, That the plan outlined in the previous proviso shall include 
funding by contract, grant, or other transaction in excess of 
$20,000,000 with a notation of which Department or Agency, and 
component thereof is managing the contract:  Provided further, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.
    For an additional amount for ``Public Health and Social Services 
Emergency Fund'', $16,000,000,000, to remain available until September 
30, 2022, to prevent, prepare for, and respond to coronavirus, 
domestically or internationally, which shall be for necessary expenses 
for testing, contact tracing, surveillance, containment, and mitigation 
to monitor and suppress COVID-19, including tests for both active 
infection and prior exposure, including molecular, antigen, and 
serological tests, the manufacturing, procurement and distribution of 
tests, testing equipment and testing supplies, including personal 
protective equipment needed for administering tests, the development 
and validation of rapid, molecular point-of-care tests, and other 
tests, support for workforce, epidemiology, to scale up academic, 
commercial, public health, and hospital laboratories, to conduct 
surveillance and contact tracing, support development of COVID-19 
testing plans, and other related activities related to COVID-19 
testing:  Provided, That of the amount appropriated under this 
paragraph in this Act, not less than $15,000,000,000 shall be for 
States, localities, territories, tribes, tribal organizations, urban 
Indian health organizations, or health service providers to tribes for 
necessary expenses for testing, contact tracing, surveillance, 
containment, and mitigation, including support for workforce, 
epidemiology, use by employers, elementary and secondary schools, child 
care facilities, institutions of higher education, long-term care 
facilities, or in other settings, scale up of testing by public health, 
academic, commercial, and hospital laboratories, and community-based 
testing sites, health care facilities, and other entities engaged in 
COVID-19 testing, and other related activities related to COVID-19 
testing, contact tracing, surveillance, containment, and mitigation:  
Provided further, That the amount provided in the preceding proviso 
under this paragraph in this Act shall be made available within 30 days 
of the date of enactment of this Act:  Provided further, That the 
amount identified in the first proviso under this paragraph in this Act 
shall be allocated to States, localities, and territories according to 
the formula that applied to the Public Health Emergency Preparedness 
cooperative agreement in fiscal year 2019:  Provided further, That not 
less than $500,000,000 shall be allocated in coordination with the 
Director of the Indian Health Service, to tribes, tribal organizations, 
urban Indian health organizations, or health service providers to 
tribes:  Provided further, That the Secretary of Health and Human 
Services (referred to in this paragraph as the ``Secretary'') may 
satisfy the funding thresholds outlined in the first and fourth 
provisos under this paragraph in this Act by making awards through 
other grant or cooperative agreement mechanisms:  Provided further, 
That the Governor or designee of each State, locality, territory, 
tribe, or tribal organization receiving funds pursuant to this Act 
shall update their plans, as applicable, for COVID-19 testing and 
contact tracing submitted to the Secretary pursuant to the Paycheck 
Protection Program and Health Care Enhancement Act (Public Law 116-139) 
and submit such updates to the Secretary not later than 60 days after 
funds appropriated in this paragraph in this Act have been awarded to 
such recipient:  Provided further, That not later than 60 days after 
enactment, and every quarter thereafter until funds are expended, the 
Governor or designee of each State, locality, territory, tribe, or 
tribal organization receiving funds shall report to the Secretary on 
uses of funding, detailing current commitments and obligations broken 
out by the coronavirus supplemental appropriations Act that provided 
the source of funds:  Provided further, That not later than 15 days 
after receipt of such reports, the Secretary shall summarize and report 
to the Committees on Appropriations of the House of Representatives and 
the Senate on States' commitments and obligations of funding:  Provided 
further, That funds an entity receives from amounts described in the 
first proviso in this paragraph may also be used for the rent, lease, 
purchase, acquisition, construction, alteration, renovation, or 
equipping of non-federally owned facilities to improve coronavirus 
preparedness and response capability at the State and local level:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                        DEPARTMENT OF EDUCATION

                      education stabilization fund

    For an additional amount for ``Education Stabilization Fund'', 
$105,000,000,000, to remain available through September 30, 2021, to 
prevent, prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                           General Provisions

                      education stabilization fund

    Sec. 101. (a) Allocations.--From the amount made available under 
this heading in this Act to carry out the Education Stabilization Fund, 
the Secretary shall first allocate--
            (1) not more than one half of 1 percent to the outlying 
        areas on the basis of the terms and conditions for funding 
        provided under this heading in the Coronavirus Aid, Relief, and 
        Economic Security (CARES) Act (Public Law 116-136); and
            (2) one-half of 1 percent for the Secretary of the Interior 
        for programs operated or funded by the Bureau of Indian 
        Education, under the terms and conditions established for 
        funding provided under this heading in the CARES Act (Public 
        Law 116-136).
    (b) Reservations.--After carrying out subsection (a), the Secretary 
shall reserve the remaining funds made available as follows:
            (1) 5 percent to carry out section 102 of this title.
            (2) 67 percent to carry out section 103 of this title.
            (3) 28 percent to carry out section 104 of this title.

               governor's emergency education relief fund

    Sec. 102. (a) Grants.--From funds reserved under section 101(b)(1) 
of this title, the Secretary shall make supplemental Emergency 
Education Relief grants to the Governor of each State with an approved 
application under section 18002 of division B of the CARES Act (Public 
Law 116-136). The Secretary shall award funds under this section to the 
Governor of each State with an approved application within 30 calendar 
days of enactment of this Act.
    (b) Allocations.--The amount of each grant under subsection (a) 
shall be allocated by the Secretary to each State as follows:
            (1) 60 percent on the basis of their relative population of 
        individuals aged 5 through 24.
            (2) 40 percent on the basis of their relative number of 
        children counted under section 1124(c) of the Elementary and 
        Secondary Education Act of 1965 (referred to under this heading 
        as ``ESEA'').
    (c) Uses of Funds.--Grant funds awarded under subsection (b) may be 
used to--
            (1) provide emergency support through grants to local 
        educational agencies that the State educational agency deems 
        have been most significantly impacted by coronavirus to support 
        the ability of such local educational agencies to continue to 
        provide educational services to their students and to support 
        the on-going functionality of the local educational agency;
            (2) provide emergency support through grants to 
        institutions of higher education serving students within the 
        State that the Governor determines have been most significantly 
        impacted by coronavirus to support the ability of such 
        institutions to continue to provide educational services and 
        support the on-going functionality of the institution; and
            (3) provide support to any other institution of higher 
        education, local educational agency, or education related 
        entity within the State that the Governor deems essential for 
        carrying out emergency educational services to students for 
        authorized activities described in section 103(e) of this 
        title, the ESEA of 1965, the Higher Education Act of 1965, the 
        provision of child care and early childhood education, social 
        and emotional support, career and technical education, adult 
        education, and the protection of education-related jobs.
    (d) Reallocation.--Each Governor shall return to the Secretary any 
funds received under this section that the Governor does not award 
within 6 months of receiving such funds and the Secretary shall 
reallocate such funds to the remaining States in accordance with 
subsection (b).
    (e) Report.--A Governor receiving funds under this section shall 
submit a report to the Secretary, not later than 6 months after 
receiving funding provided in this Act, in such manner and with such 
subsequent frequency as the Secretary may require, that provides a 
detailed accounting of the use of funds provided under this section.

         elementary and secondary school emergency relief fund

    Sec. 103. (a) Grants.--From funds reserved under section 101(b)(2) 
of this title, the Secretary shall make supplemental elementary and 
secondary school emergency relief grants to each State educational 
agency with an approved application under section 18003 of division B 
of the CARES Act (Public Law 116-136). The Secretary shall award funds 
under this section to each State educational agency with an approved 
application within 15 calendar days of enactment of this Act.
    (b) Allocations to States.--The amount of each grant under 
subsection (a) shall be allocated by the Secretary to each State in the 
same proportion as each State received under part A of title I of the 
ESEA of 1965 in the most recent fiscal year.
    (c) Subgrants.--From the payment provided by the Secretary under 
subsection (b), the State educational agency may provide services and 
assistance to local educational agencies and non-public schools, 
consistent with the provisions of this title. After carrying out the 
reservation of funds in section 105 of this title, each State shall 
allocate not less than 90 percent of the remaining grant funds awarded 
to the State under this section as subgrants to local educational 
agencies (including charter schools that are local educational 
agencies) in the State in proportion to the amount of funds such local 
educational agencies and charter schools that are local educational 
agencies received under part A of title I of the ESEA of 1965 in the 
most recent fiscal year. The State educational agency shall make such 
subgrants to local educational agencies as follows--
            (1) one-third of funds shall be awarded not less than 15 
        calendar days after receiving an award from the Secretary under 
        this section; and
            (2) the remaining two-thirds of funds shall be awarded only 
        after the local educational agency submits to the Governor and 
        the Governor approves a comprehensive school reopening plan for 
        the 2020-2021 school-year, based on criteria determined by the 
        Governor in consultation with the State educational agency 
        (including criteria for the Governor to carry out subparagraph 
        (A) through (C)), that describes how the local educational 
        agency will safely reopen schools with the physical presence of 
        students, consistent with maintaining safe and continuous 
        operations aligned with challenging state academic standards. 
        The Governor shall approve such plans within 30 days after the 
        plan is submitted, subject to the requirements in subparagraphs 
        (A) through (C).
                    (A) A local educational agency that provides in-
                person instruction for at least 50 percent of its 
                students where the students physically attend school no 
                less than 50 percent of each school-week, as it was 
                defined by the local educational agency prior to the 
                coronavirus emergency, shall have its plan 
                automatically approved.
                    (B) A local educational agency that does not 
                provide in-person instruction to any students where the 
                students physically attend school in-person shall not 
                be eligible to receive a subgrant under paragraph (2).
                    (C) A local educational agency that provides in-
                person instruction to at least some students where the 
                students physically attend school in-person but does 
                not satisfy the requirements in subparagraph (A) shall 
                have its allocation reduced on a pro rata basis as 
                determined by the Governor.
    (d) Plan Contents.--A school reopening plan submitted to a Governor 
under subsection (c)(2) shall include, in addition to any other 
information necessary to meet the criteria determined by the Governor--
            (1) A detailed timeline for when the local educational 
        agency will provide in-person instruction, including the goals 
        and criteria used for providing full-time in-person instruction 
        to all students;
            (2) A description of how many days of in-person instruction 
        per calendar week the local educational agency plans to offer 
        to students during the 2020-2021 school year; and
            (3) An assurance that the local educational agency will 
        offer students as much in-person instruction as is safe and 
        practicable, consistent with maintaining safe and continuous 
        operations aligned with challenging state academic standards.
    (e) Uses of Funds.--
            (1) A local educational agency or non-public school that 
        receives funds under subsection (c)(1) or section 105 may use 
        funds for any of the following:
                    (A) Activities to support returning to in-person 
                instruction, including purchasing personal protective 
                equipment, implementing flexible schedules to keep 
                children in isolated groups, purchasing box lunches so 
                that children can eat in their classroom, purchasing 
                physical barriers, providing additional transportation 
                services, repurposing existing school rooms and space, 
                and improving ventilation systems.
                    (B) Developing and implementing procedures and 
                systems to improve the preparedness and response 
                efforts of local educational agencies or non-public 
                schools including coordination with State, local, 
                Tribal, and territorial public health departments, and 
                other relevant agencies, to improve coordinated 
                responses among such entities to prevent, prepare for, 
                and respond to coronavirus.
                    (C) Providing principals and other school leaders 
                with the resources necessary to address the needs of 
                their individual schools directly related to 
                coronavirus.
                    (D) Providing additional services to address the 
                unique needs of low-income children or students, 
                children with disabilities, English learners, racial 
                and ethnic minorities, students experiencing 
                homelessness, and foster care youth, including how 
                outreach and service delivery will meet the needs of 
                each population.
                    (E) Training and professional development for staff 
                of the local educational agency or non-public school on 
                sanitation and minimizing the spread of infectious 
                diseases.
                    (F) Purchasing supplies to sanitize, clean, and 
                disinfect the facilities of a local educational agency 
                or non-public school, including buildings operated by 
                such agency.
                    (G) Planning for and coordinating during long-term 
                closures, including for how to provide meals to 
                eligible students, how to provide technology for online 
                learning to all students, how to provide guidance for 
                carrying out requirements under the Individuals with 
                Disabilities Education Act (20 U.S.C. 1401 et seq.) and 
                how to ensure other educational services can continue 
                to be provided consistent with all Federal, State, and 
                local requirements.
                    (H) Purchasing educational technology (including 
                hardware, software, and connectivity) for students who 
                are served by the local educational agency or non-
                public school that aids in regular and substantive 
                educational interaction between students and their 
                classroom instructors, including low-income students 
                and students with disabilities, which may include 
                assistive technology or adaptive equipment.
                    (I) Expanding healthcare and other health services 
                (including mental health services and supports), 
                including for children at risk of abuse or neglect.
                    (J) Planning and implementing activities related to 
                summer learning and supplemental afterschool programs, 
                including providing classroom instruction or online 
                learning during the summer months and addressing the 
                needs of low-income students, students with 
                disabilities, English learners, migrant students, 
                students experiencing homelessness, and children in 
                foster care.
            (2) A local educational agency that receives funds under 
        subsection (c)(2) may use the funds for activities to carry out 
        a comprehensive school reopening plan as described in this 
        section, including:
                    (A) Purchasing personal protective equipment, 
                implementing flexible schedules to keep children in 
                isolated groups, purchasing box lunches so that 
                children can eat in their classroom, purchasing 
                physical barriers, providing additional transportation 
                services, repurposing existing school rooms and space, 
                and improving ventilation systems.
                    (B) Developing and implementation of procedures and 
                systems to improve the preparedness and response 
                efforts of local educational agencies or non-public 
                schools, including coordination with State, local, 
                Tribal, and territorial public health departments, and 
                other relevant agencies, to improve coordinated 
                responses among such entities to prevent, prepare for, 
                and respond to coronavirus.
                    (C) Providing principals and others school leaders 
                with the resources necessary to address the needs of 
                their individual schools.
                    (D) Providing additional services to address the 
                unique needs of low-income children or students, 
                children with disabilities, English learners, racial 
                and ethnic minorities, students experiencing 
                homelessness, and foster care youth, including how 
                outreach and service delivery will meet the needs of 
                each population.
                    (E) Training and professional development for staff 
                of the local educational agency or non-public school on 
                sanitation and minimizing the spread of infectious 
                diseases.
                    (F) Purchasing supplies to sanitize, clean, and 
                disinfect the facilities of a local educational agency 
                or non-public school, including buildings operated by 
                such agency.
                    (G) Purchasing educational technology (including 
                hardware, software, and connectivity) for students who 
                are served by the local educational agency or non-
                public school that aids in regular and substantive 
                educational interaction between students and their 
                classroom instructors, including low-income students 
                and students with disabilities, which may include 
                assistive technology or adaptive equipment.
                    (H) Expanding healthcare and other health services 
                (including mental health services and supports), 
                including for children at risk of abuse or neglect.
                    (I) Planning and implementing activities related to 
                summer learning and supplemental afterschool programs, 
                including providing classroom instruction during the 
                summer months and addressing the needs of low-income 
                students, students with disabilities, English learners, 
                migrant students, students experiencing homelessness, 
                and children in foster care.
    (f) State Funding.--With funds not otherwise allocated or reserved 
under this section, a State may reserve not more than 1/2 of 1 percent 
of its grant under this section for administrative costs and the 
remainder for emergency needs as determined by the State educational 
agency to address issues responding to coronavirus, which may be 
addressed through the use of grants or contracts.
    (g) Assurances.--A State, State educational agency, or local 
educational agency receiving funding under this section shall provide 
assurances, as applicable, that:
            (1) A State, State educational agency, or local educational 
        agency will maintain and expand access to high-quality schools, 
        including high-quality public charter schools, and will not--
                    (A) enact policies to close or prevent the 
                expansion of such schools to address revenue shortfalls 
                that result in the disproportionate closure or denial 
                of expansion of public charter schools that are 
                otherwise meeting the terms of their charter for 
                academic achievement; or
                    (B) disproportionally reduce funding to charter 
                schools or otherwise increase funding gaps between 
                charter schools and other public schools in the local 
                educational agency.
            (2) Allocations of funding and services provided from funds 
        provided in this section to public charter schools are made on 
        the same basis as is used for all public schools, consistent 
        with state law and in consultation with charter school leaders.
    (h) Report.--A State receiving funds under this section shall 
submit a report to the Secretary, not later than 6 months after 
receiving funding provided in this Act, in such manner and with such 
subsequent frequency as the Secretary may require, that provides a 
detailed accounting of the use of funds provided under this section.
    (i) Reallocation.--A State shall return to the Secretary any funds 
received under this section that the State does not award within 4 
months of receiving such funds and the Secretary shall deposit such 
funds into the general fund of the Treasury.
    (j) Rule of Construction.--
            (1) The receipt of any funds authorized or appropriated 
        under this section, including pursuant to section 105 of this 
        Act, by a nonprofit entity, or by any individual who has been 
        admitted or applied for admission to such entity (or any parent 
        or guardian of such individual), shall not be construed to 
        render such entity or person a recipient of Federal financial 
        assistance for any purpose, nor shall any such person or entity 
        be required to make any alteration to its existing programs, 
        facilities, or employment practices except as required under 
        this section.
            (2) No State participating in any program under this 
        section, including pursuant to section 105 of this Act, shall 
        impose any penalty or additional requirement upon, or otherwise 
        disadvantage, such entity or person as a consequence or 
        condition of its receipt of such funds.
            (3) No State participating in any program under this 
        section shall authorize any person or entity to use any funds 
        authorized or appropriated under this section, including 
        pursuant to section 105 of this Act, except as provided by 
        subsection (e), nor shall any such State impose any limits upon 
        the use of any such funds except as provided by subsection (e).

                 higher education emergency relief fund

    Sec. 104. (a) In General.--From funds reserved under section 
101(b)(3) of this title the Secretary shall allocate amounts as 
follows:
            (1) 85 percent to each institution of higher education 
        described in section 101 or section 102(c) of the Higher 
        Education Act of 1965 to prevent, prepare for, and respond to 
        coronavirus, by apportioning it--
                    (A) 90 percent according to the relative share of 
                full-time equivalent enrollment of Federal Pell Grant 
                recipients who were not exclusively enrolled in 
                distance education courses prior to the coronavirus 
                emergency; and
                    (B) 10 percent according to the relative share of 
                full-time equivalent enrollment of students who were 
                not Federal Pell Grant recipients who were not 
                exclusively enrolled in distance education courses 
                prior to the coronavirus emergency.
            (2) 10 percent for additional awards under parts A and B of 
        title III, parts A and B of title V, and subpart 4 of part A of 
        title VII of the Higher Education Act to address needs directly 
        related to coronavirus, that shall be in addition to awards 
        made in section 104(a)(1) of this title, and allocated by the 
        Secretary proportionally to such programs based on the relative 
        share of funding appropriated to such programs in the Further 
        Consolidated Appropriations Act, 2020 (Public Law 116-94) and 
        distributed to eligible institutions of higher education, 
        except as otherwise provided in subparagraphs (A)-(D), on the 
        basis of the formula described in section 104(a)(1) of this 
        title:
                    (A) Except as otherwise provided in subparagraph 
                (B), for eligible institutions under part B of title 
                III and subpart 4 of part A of title VII of the Higher 
                Education Act, the Secretary shall allot to each 
                eligible institution an amount using the following 
                formula:
                            (i) 70 percent according to a ratio 
                        equivalent to the number of Pell Grant 
                        recipients in attendance at such institution at 
                        the end of the school year preceding the 
                        beginning of the most recent fiscal year and 
                        the total number of Pell Grant recipients at 
                        all such institutions;
                            (ii) 20 percent according to a ratio 
                        equivalent to the total number of students 
                        enrolled at such institution at the end of the 
                        school year preceding the beginning of that 
                        fiscal year and the number of students enrolled 
                        at all such institutions; and
                            (iii) 10 percent according to a ratio 
                        equivalent to the total endowment size at all 
                        eligible institutions at the end of the school 
                        year preceding the beginning of that fiscal 
                        year and the total endowment size at such 
                        institutions;
                    (B) For eligible institutions under section 326 of 
                the Higher Education Act, the Secretary shall allot to 
                each eligible institution an amount in proportion to 
                the award received from funding for such institutions 
                in the Further Consolidated Appropriations Act, 2020 
                (Public Law 116-94);
                    (C) For eligible institutions under section 316 of 
                the Higher Education Act, the Secretary shall allot 
                funding according to the formula in section 316(d)(3) 
                of the Higher Education Act; and
                    (D) Notwithstanding section 318(f) of the Higher 
                Education Act, for eligible institutions under section 
                318 of the Higher Education Act, the Secretary shall 
                allot funding according to the formula in section 
                318(e) of the Higher Education Act.
            (3) 5 percent for grants to institutions of higher 
        education that the Secretary determines, through an application 
        process and after allocating funds under paragraphs 104(a)(1) 
        and (2) of this Act, have the greatest unmet needs related to 
        coronavirus. In awarding funds to institutions of higher 
        education under this paragraph the Secretary shall prioritize 
        institutions of higher education--
                    (A) described under title I of the Higher Education 
                Act of 1965 that were not eligible to receive an award 
                under section 104(a)(1) of this title, including 
                institutions described in section 102(b) of the Higher 
                Education Act of 1965; and
                    (B) that otherwise demonstrate significant needs 
                related to coronavirus that were not addressed by 
                funding allocated under subsections (a)(1) or (a)(2) of 
                this section.
    (b) Distribution.--The funds made available to each institution 
under subsection (a)(1) shall be distributed by the Secretary using the 
same systems as the Secretary otherwise distributes funding to each 
institution under title IV of the Higher Education Act of 1965 (20 
U.S.C. 1001 et seq.).
    (c) Uses of Funds.--An institution of higher education receiving 
funds under this section may use the funds received to:
            (1) defray expenses associated with coronavirus (including 
        lost revenue, reimbursement for expenses already incurred, 
        technology costs associated with a transition to distance 
        education, faculty and staff trainings, and payroll); and
            (2) provide financial aid grants to students (including 
        students exclusively enrolled in distance education), which may 
        be used for any component of the student's cost of attendance 
        or for emergency costs that arise due to coronavirus.
    (d) Special Provisions.--
            (1) A Historically Black College and University or a 
        Minority Serving Institution may use prior awards provided 
        under titles III, V, and VII of the Higher Education Act to 
        prevent, prepare for, and respond to coronavirus.
            (2) An institution of higher education receiving funds 
        under section 18004 of division B of the CARES Act (Public Law 
        116-136) may use those funds under the terms and conditions of 
        section 104(c) of this Act. Amounts repurposed pursuant to this 
        paragraph that were previously designated by the Congress as an 
        emergency requirement pursuant to the Balanced Budget and 
        Emergency Deficit Control Act of 1985 are designated by the 
        Congress as an emergency requirement pursuant to section 
        251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
        Control Act of 1985.
            (3) No funds received by an institution of higher education 
        under this section shall be used to fund contractors for the 
        provision of pre-enrollment recruitment activities; endowments; 
        or capital outlays associated with facilities related to 
        athletics, sectarian instruction, or religious worship.
            (4) An institution of higher education that was required to 
        remit payment to the Internal Revenue Service for the excise 
        tax based on investment income of private colleges and 
        universities under section 4968 of the Internal Revenue Code of 
        1986 for tax year 2019 shall have their allocation under this 
        section reduced by 50 percent and may only use funds for 
        activities described in paragraph (c)(2). This paragraph shall 
        not apply to an institution of higher education designated by 
        the Secretary as an eligible institution under section 448 of 
        the Higher Education Act of 1965.
    (e) Report.--An institution receiving funds under this section 
shall submit a report to the Secretary, not later than 6 months after 
receiving funding provided in this Act, in such manner and with such 
subsequent frequency as the Secretary may require, that provides a 
detailed accounting of the use of funds provided under this section.
    (f) Reallocation.--Any funds allocated to an institution of higher 
education under this section on the basis of a formula described in 
subsection (a)(1) or (a)(2) but for which an institution does not apply 
for funding within 60 days of the publication of the notice inviting 
applications, shall be reallocated to eligible institutions that had 
submitted an application by such date.

                    assistance to non-public schools

    Sec. 105. (a) Funds Availability.--From the payment provided by the 
Secretary under section 103 of this title to a State educational 
agency, the State educational agency shall reserve an amount of funds 
equal to the percentage of students enrolled in non-public elementary 
and secondary schools in the State prior to the coronavirus emergency. 
Upon reserving funds under this section, the Governor of the State may 
award subgrants--
            (1) to eligible scholarship-granting organizations for 
        carrying out section 6001 of division A of this Act; and
            (2) to non-public schools accredited or otherwise located 
        in and licensed to operate in the State based on the number of 
        students enrolled in the non-public school prior to the 
        coronavirus emergency, subject to the requirements in 
        subsection (b).
    (b)(1) A non-public school that provides in-person instruction for 
at least 50 percent of its students where the students physically 
attend school no less than 50 percent of each school-week, as 
determined by the non-public school prior to the coronavirus emergency, 
shall be eligible for the full amount of assistance per student as 
prescribed under this section.
    (2) A non-public school that does not provide in-person instruction 
to any students where the students physically attend school in-person 
shall only be eligible for one-third of the amount of assistance per 
student as prescribed under this section.
    (3) A non-public school that provides in-person instruction to at 
least some students where the students physically attend school in-
person but does not satisfy the requirements in paragraph (1) shall 
have its amount of assistance as prescribed under this section reduced 
on a pro rata basis, which shall be calculated using the same 
methodology as is used under section 103(c)(2)(C) of this title.
    (c) A Governor shall allocate not less than 50 percent of the funds 
reserved in this section to non-public schools or eligible scholarship-
granting organizations within 30 days of receiving an award from the 
Secretary and the remaining 50 percent not less than 4 months after 
receiving an award from the Secretary.

                     continued payment to employees

    Sec. 106.  A local educational agency, State, institution of higher 
education, or other entity that receives funds under ``Education 
Stabilization Fund'', shall to the greatest extent practicable, 
continue to pay its employees and contractors during the period of any 
disruptions or closures related to coronavirus.

                              definitions

    Sec. 107.  Except as otherwise provided in sections 101-106 of this 
title, as used in such sections--
            (1) the terms ``elementary education'' and ``secondary 
        education'' have the meaning given such terms under State law;
            (2) the term ``institution of higher education'' has the 
        meaning given such term in title I of the Higher Education Act 
        of 1965 (20 U.S.C. 1001 et seq.);
            (3) the term ``Secretary'' means the Secretary of 
        Education;
            (4) the term ``State'' means each of the 50 States, the 
        District of Columbia, and the Commonwealth of Puerto Rico;
            (5) the term ``cost of attendance'' has the meaning given 
        such term in section 472 of the Higher Education Act of 1965.
            (6) the term ``Non-public school'' means a non-public 
        elementary and secondary school that (A) is accredited, 
        licensed, or otherwise operates in accordance with State law; 
        and (B) was in existence prior to the date of the qualifying 
        emergency for which grants are awarded under this section;
            (7) the term ``public school'' means a public elementary or 
        secondary school; and
            (8) any other term used that is defined in section 8101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801) shall have the meaning given the term in such section.

                     GENERAL PROVISION--THIS TITLE

    Sec. 108.  Not later than 30 days after the date of enactment of 
this Act, the Secretaries of Health and Human Services and Education 
shall provide a detailed spend plan of anticipated uses of funds made 
available in this title, including estimated personnel and 
administrative costs, to the Committees on Appropriations of the House 
of Representatives and the Senate:  Provided, That such plans shall be 
updated and submitted to such Committees every 60 days until September 
30, 2024:  Provided further, That the spend plans shall be accompanied 
by a listing of each contract obligation incurred that exceeds 
$5,000,000 which has not previously been reported, including the amount 
of each such obligation.

                                TITLE II

                       DEPARTMENT OF AGRICULTURE

                         AGRICULTURAL PROGRAMS

                        Office of the Secretary

    For an additional amount for the ``Office of the Secretary'', 
$20,000,000,000, to remain available until expended, to prevent, 
prepare for, and respond to coronavirus by providing support for 
agricultural producers, growers, and processors impacted by 
coronavirus, including producers, growers, and processors of specialty 
crops, non-specialty crops, dairy, livestock and poultry, including 
livestock and poultry depopulated due to insufficient processing access 
and growers who produce livestock or poultry under a contract for 
another entity:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                               TITLE III

                         DEPARTMENT OF COMMERCE

                     fisheries disaster assistance

    For an additional amount for ``Fisheries Disaster Assistance'', 
$500,000,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally, which shall be for activities authorized under section 
12005 of the Coronavirus Aid, Relief, and Economic Security Act (Public 
Law 116-136):  Provided, That the formula prescribed by the Secretary 
of Commerce to allocate the amount provided under this heading in this 
Act shall be divided proportionally to States, Tribes, and territories 
and shall be the same as the formula used for funds appropriated under 
section 12005 of Public Law 116-136, but shall be calculated to also 
evenly weight the 5-year total annual average domestic landings for 
each State, Tribe, and territory:  Provided further, That the amount 
provided under this heading in this Act shall only be allocated to 
States of the United States in, or bordering on, the Atlantic, Pacific, 
or Arctic Ocean, or the Gulf of Mexico, as well as to Puerto Rico, the 
Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, 
American Samoa, Federally Recognized Tribes on the West Coast, and 
Federally Recognized Tribes in Alaska:  Provided further, That no 
State, Tribe, or territory shall receive a total amount in a fiscal 
year that is from amounts provided under either section 12005 of Public 
Law 116-136 or amounts provided under this heading in this Act that 
exceeds that State, Tribe, or territory's total annual average revenue 
from commercial fishing operations, aquaculture firms, the seafood 
supply chain, and charter fishing businesses:  Provided further, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

    Sec. 401.  Each amount appropriated or made available by this Act 
is in addition to amounts otherwise appropriated for the fiscal year 
involved.
    Sec. 402.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 403.  Unless otherwise provided for by this Act, the 
additional amounts appropriated by this Act to appropriations accounts 
shall be available under the authorities and conditions applicable to 
such appropriations accounts for fiscal year 2020.
    Sec. 404.  In this Act, the term ``coronavirus'' means SARS-CoV-2 
or another coronavirus with pandemic potential.
    Sec. 405.  Each amount designated in this Act by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985 shall 
be available (or rescinded or transferred, if applicable) only if the 
President subsequently so designates all such amounts and transmits 
such designations to the Congress.
    Sec. 406.  Any amount appropriated by this Act, designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 and subsequently so designated by the President, and 
transferred pursuant to transfer authorities provided by this Act shall 
retain such designation.

                           budgetary effects

    Sec. 407. (a) Statutory PAYGO Scorecards.--The budgetary effects of 
this division shall not be entered on either PAYGO scorecard maintained 
pursuant to section 4(d) of the Statutory Pay As-You-Go Act of 2010.
    (b) Senate PAYGO Scorecards.--The budgetary effects of this 
division shall not be entered on any PAYGO scorecard maintained for 
purposes of section 4106 of H. Con. Res. 71 (115th Congress).
    (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of 
the Budget Scorekeeping Guidelines set forth in the joint explanatory 
statement of the committee of conference accompanying Conference Report 
105-217 and section 250(c)(7) and (c)(8) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, the budgetary effects of this 
division shall be estimated for purposes of section 251 of such Act.
    (d) Ensuring No Within-Session Sequestration.--Solely for the 
purpose of calculating a breach within a category for fiscal year 2020 
pursuant to section 251(a)(6) or section 254(g) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, and notwithstanding any 
other provision of this division, the budgetary effects from this 
division shall be counted as amounts designated as being for an 
emergency requirement pursuant to section 251(b)(2)(A) of such Act.
    This division may be cited as the ``Coronavirus Response Additional 
Supplemental Appropriations Act, 2020''.
                                                       Calendar No. 564

116th CONGRESS

  2d Session

                                S. 4775

_______________________________________________________________________

                                 A BILL

  To provide continued emergency assistance, educational support, and 
health care response for individuals, families, and businesses affected 
                   by the 2020 coronavirus pandemic.

_______________________________________________________________________

                            October 1, 2020

            Read the second time and placed on the calendar