CARES Act
PL 116-136 (PDF 1MB) (H.R.748), enacted 03/27/2020

[116th Congress Public Law 136]
[From the U.S. Government Publishing Office]



[[Page 134 STAT. 281]]

Public Law 116-136
116th Congress

                                 An Act


 
 To amend the Internal Revenue Code of 1986 to repeal the excise tax on 
     high cost employer-sponsored health coverage. <<NOTE: Mar. 27, 
                          2020 -  [H.R. 748]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Coronavirus Aid, 
Relief, and Economic Security Act. 15 USC 9001 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coronavirus Aid, Relief, and Economic 
Security Act'' or the ``CARES Act''.
SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.

   DIVISION A--KEEPING WORKERS PAID AND EMPLOYED, HEALTH CARE SYSTEM 
                ENHANCEMENTS, AND ECONOMIC STABILIZATION

         TITLE I--KEEPING AMERICAN WORKERS PAID AND EMPLOYED ACT

Sec. 1101. Definitions.
Sec. 1102. Paycheck protection program.
Sec. 1103. Entrepreneurial development.
Sec. 1104. State trade expansion program.
Sec. 1105. Waiver of matching funds requirement under the women's 
           business center program.
Sec. 1106. Loan forgiveness.
Sec. 1107. Direct appropriations.
Sec. 1108. Minority business development agency.
Sec. 1109. United States Treasury Program Management Authority.
Sec. 1110. Emergency EIDL grants.
Sec. 1111. Resources and services in languages other than English.
Sec. 1112. Subsidy for certain loan payments.
Sec. 1113. Bankruptcy.
Sec. 1114. Emergency rulemaking authority.

   TITLE II--ASSISTANCE FOR AMERICAN WORKERS, FAMILIES, AND BUSINESSES

              Subtitle A--Unemployment Insurance Provisions

Sec. 2101. Short title.
Sec. 2102. Pandemic Unemployment Assistance.
Sec. 2103. Emergency unemployment relief for governmental entities and 
           nonprofit organizations.
Sec. 2104. Emergency increase in unemployment compensation benefits.
Sec. 2105. Temporary full Federal funding of the first week of 
           compensable regular unemployment for States with no waiting 
           week.
Sec. 2106. Emergency State staffing flexibility.
Sec. 2107. Pandemic emergency unemployment compensation.
Sec. 2108. Temporary financing of short-time compensation payments in 
           States with programs in law.
Sec. 2109. Temporary financing of short-time compensation agreements.

[[Page 134 STAT. 282]]

Sec. 2110. Grants for short-time compensation programs.
Sec. 2111. Assistance and guidance in implementing programs.
Sec. 2112. Waiver of the 7-day waiting period for benefits under the 
           Railroad Unemployment Insurance Act.
Sec. 2113. Enhanced benefits under the Railroad Unemployment Insurance 
           Act.
Sec. 2114. Extended unemployment benefits under the Railroad 
           Unemployment Insurance Act.
Sec. 2115. Funding for the DOL Office of Inspector General for oversight 
           of unemployment provisions.
Sec. 2116. Implementation.

           Subtitle B--Rebates and Other Individual Provisions

Sec. 2201. 2020 recovery rebates for individuals.
Sec. 2202. Special rules for use of retirement funds.
Sec. 2203. Temporary waiver of required minimum distribution rules for 
           certain retirement plans and accounts.
Sec. 2204. Allowance of partial above the line deduction for charitable 
           contributions.
Sec. 2205. Modification of limitations on charitable contributions 
           during 2020.
Sec. 2206. Exclusion for certain employer payments of student loans.

                     Subtitle C--Business Provisions

Sec. 2301. Employee retention credit for employers subject to closure 
           due to COVID-19.
Sec. 2302. Delay of payment of employer payroll taxes.
Sec. 2303. Modifications for net operating losses.
Sec. 2304. Modification of limitation on losses for taxpayers other than 
           corporations.
Sec. 2305. Modification of credit for prior year minimum tax liability 
           of corporations.
Sec. 2306. Modifications of limitation on business interest.
Sec. 2307. Technical amendments regarding qualified improvement 
           property.
Sec. 2308. Temporary exception from excise tax for alcohol used to 
           produce hand sanitizer.

TITLE III--SUPPORTING AMERICA'S HEALTH CARE SYSTEM IN THE FIGHT AGAINST 
                             THE CORONAVIRUS

                      Subtitle A--Health Provisions

Sec. 3001. Short title.

                   PART I--Addressing Supply Shortages

                   subpart a--medical product supplies

Sec. 3101. National Academies report on America's medical product supply 
           chain security.
Sec. 3102. Requiring the strategic national stockpile to include certain 
           types of medical supplies.
Sec. 3103. Treatment of respiratory protective devices as covered 
           countermeasures.

             subpart b--mitigating emergency drug shortages

Sec. 3111. Prioritize reviews of drug applications; incentives.
Sec. 3112. Additional manufacturer reporting requirements in response to 
           drug shortages.

             subpart c--preventing medical device shortages

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

          PART II--Access to Health Care for COVID-19 Patients

         subpart a--coverage of testing and preventive services

Sec. 3201. Coverage of diagnostic testing for COVID-19.
Sec. 3202. Pricing of diagnostic testing.
Sec. 3203. Rapid coverage of preventive services and vaccines for 
           coronavirus.

              subpart b--support for health care providers

Sec. 3211. Supplemental awards for health centers.
Sec. 3212. Telehealth network and telehealth resource centers grant 
           programs.
Sec. 3213. Rural health care services outreach, rural health network 
           development, and small health care provider quality 
           improvement grant programs.

[[Page 134 STAT. 283]]

Sec. 3214. United States Public Health Service Modernization.
Sec. 3215. Limitation on liability for volunteer health care 
           professionals during COVID-19 emergency response.
Sec. 3216. Flexibility for members of National Health Service Corps 
           during emergency period.

                   subpart c--miscellaneous provisions

Sec. 3221. Confidentiality and disclosure of records relating to 
           substance use disorder.
Sec. 3222. Nutrition services.
Sec. 3223. Continuity of service and opportunities for participants in 
           community service activities under title V of the Older 
           Americans Act of 1965.
Sec. 3224. Guidance on protected health information.
Sec. 3225. Reauthorization of healthy start program.
Sec. 3226. Importance of the blood supply.

                          PART III--Innovation

Sec. 3301. Removing the cap on OTA during public health emergencies.
Sec. 3302. Priority zoonotic animal drugs.

                     PART IV--Health Care Workforce

Sec. 3401. Reauthorization of health professions workforce programs.
Sec. 3402. Health workforce coordination.
Sec. 3403. Education and training relating to geriatrics.
Sec. 3404. Nursing workforce development.

                    Subtitle B--Education Provisions

Sec. 3501. Short title.
Sec. 3502. Definitions.
Sec. 3503. Campus-based aid waivers.
Sec. 3504. Use of supplemental educational opportunity grants for 
           emergency aid.
Sec. 3505. Federal work-study during a qualifying emergency.
Sec. 3506. Adjustment of subsidized loan usage limits.
Sec. 3507. Exclusion from Federal Pell Grant duration limit.
Sec. 3508. Institutional refunds and Federal student loan flexibility.
Sec. 3509. Satisfactory academic progress.
Sec. 3510. Continuing education at affected foreign institutions.
Sec. 3511. National emergency educational waivers.
Sec. 3512. HBCU Capital financing.
Sec. 3513. Temporary relief for federal student loan borrowers.
Sec. 3514. Provisions related to the Corporation for National and 
           Community Service.
Sec. 3515. Workforce response activities.
Sec. 3516. Technical amendments.
Sec. 3517. Waiver authority and reporting requirement for institutional 
           aid.
Sec. 3518. Authorized uses and other modifications for grants.
Sec. 3519. Service obligations for teachers.

                      Subtitle C--Labor Provisions

Sec. 3601. Limitation on paid leave.
Sec. 3602. Emergency Paid Sick Leave Act Limitation.
Sec. 3603. Unemployment insurance.
Sec. 3604. OMB Waiver of Paid Family and Paid Sick Leave.
Sec. 3605. Paid leave for rehired employees.
Sec. 3606. Advance refunding of credits.
Sec. 3607. Expansion of DOL Authority to postpone certain deadlines.
Sec. 3608. Single-employer plan funding rules.
Sec. 3609. Application of cooperative and small employer charity pension 
           plan rules to certain charitable employers whose primary 
           exempt purpose is providing services with respect to mothers 
           and children.
Sec. 3610. Federal contractor authority.
Sec. 3611. Technical corrections.

                      Subtitle D--Finance Committee

Sec. 3701. Exemption for telehealth services.
Sec. 3702. Inclusion of certain over-the-counter medical products as 
           qualified medical expenses.
Sec. 3703. Increasing Medicare telehealth flexibilities during emergency 
           period.
Sec. 3704. Enhancing Medicare telehealth services for Federally 
           qualified health centers and rural health clinics during 
           emergency period.

[[Page 134 STAT. 284]]

Sec. 3705. Temporary waiver of requirement for face-to-face visits 
           between home dialysis patients and physicians.
Sec. 3706. Use of telehealth to conduct face-to-face encounter prior to 
           recertification of eligibility for hospice care during 
           emergency period.
Sec. 3707. Encouraging use of telecommunications systems for home health 
           services furnished during emergency period.
Sec. 3708. Improving care planning for Medicare home health services.
Sec. 3709. Adjustment of sequestration.
Sec. 3710. Medicare hospital inpatient prospective payment system add-on 
           payment for COVID-19 patients during emergency period.
Sec. 3711. Increasing access to post-acute care during emergency period.
Sec. 3712. Revising payment rates for durable medical equipment under 
           the Medicare program through duration of emergency period.
Sec. 3713. Coverage of the COVID-19 vaccine under part B of the Medicare 
           program without any cost-sharing.
Sec. 3714. Requiring Medicare prescription drug plans and MA-PD plans to 
           allow during the COVID-19 emergency period for fills and 
           refills of covered part D drugs for up to a 3-month supply.
Sec. 3715. Providing home and community-based services in acute care 
           hospitals.
Sec. 3716. Clarification regarding uninsured individuals.
Sec. 3717. Clarification regarding coverage of COVID-19 testing 
           products.
Sec. 3718. Amendments relating to reporting requirements with respect to 
           clinical diagnostic laboratory tests.
Sec. 3719. Expansion of the Medicare hospital accelerated payment 
           program during the COVID-19 public health emergency.
Sec. 3720. Delaying requirements for enhanced FMAP to enable State 
           legislation necessary for compliance.

             Subtitle E--Health and Human Services Extenders

                       PART I--Medicare Provisions

Sec. 3801. Extension of the work geographic index floor under the 
           Medicare program.
Sec. 3802. Extension of funding for quality measure endorsement, input, 
           and selection.
Sec. 3803. Extension of funding outreach and assistance for low-income 
           programs.

                      PART II--Medicaid Provisions

Sec. 3811. Extension of the Money Follows the Person rebalancing 
           demonstration program.
Sec. 3812. Extension of spousal impoverishment protections.
Sec. 3813. Delay of DSH reductions.
Sec. 3814. Extension and expansion of Community Mental Health Services 
           demonstration program.

           PART III--Human Services and Other Health Programs

Sec. 3821. Extension of sexual risk avoidance education program.
Sec. 3822. Extension of personal responsibility education program.
Sec. 3823. Extension of demonstration projects to address health 
           professions workforce needs.
Sec. 3824. Extension of the temporary assistance for needy families 
           program and related programs.

                    PART IV--Public Health Provisions

Sec. 3831. Extension for community health centers, the National Health 
           Service Corps, and teaching health centers that operate GME 
           programs.
Sec. 3832. Diabetes programs.

                    PART V--Miscellaneous Provisions

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

                   Subtitle F--Over-the-Counter Drugs

                         PART I--OTC Drug Review

Sec. 3851. Regulation of certain nonprescription drugs that are marketed 
           without an approved drug application.
Sec. 3852. Misbranding.
Sec. 3853. Drugs excluded from the over-the-counter drug review.
Sec. 3854. Treatment of Sunscreen Innovation Act.
Sec. 3855. Annual update to Congress on appropriate pediatric indication 
           for certain OTC cough and cold drugs.

[[Page 134 STAT. 285]]

Sec. 3856. Technical corrections.

                           PART II--User Fees

Sec. 3861. Finding.
Sec. 3862. Fees relating to over-the-counter drugs.

 TITLE IV--ECONOMIC STABILIZATION AND ASSISTANCE TO SEVERELY DISTRESSED 
                  SECTORS OF THE UNITED STATES ECONOMY

       Subtitle A--Coronavirus Economic Stabilization Act of 2020

Sec. 4001. Short title.
Sec. 4002. Definitions.
Sec. 4003. Emergency relief and taxpayer protections.
Sec. 4004. Limitation on certain employee compensation.
Sec. 4005. Continuation of certain air service.
Sec. 4006. Coordination with Secretary of Transportation.
Sec. 4007. Suspension of certain aviation excise taxes.
Sec. 4008. Debt guarantee authority.
Sec. 4009. Temporary Government in the Sunshine Act relief.
Sec. 4010. Temporary hiring flexibility.
Sec. 4011. Temporary lending limit waiver.
Sec. 4012. Temporary relief for community banks.
Sec. 4013. Temporary relief from troubled debt restructurings.
Sec. 4014. Optional temporary relief from current expected credit 
           losses.
Sec. 4015. Non-applicability of restrictions on ESF during national 
           emergency.
Sec. 4016. Temporary credit union provisions.
Sec. 4017. Increasing access to materials necessary for national 
           security and pandemic recovery.
Sec. 4018. Special Inspector General for Pandemic Recovery.
Sec. 4019. Conflicts of interest.
Sec. 4020. Congressional Oversight Commission.
Sec. 4021. Credit protection during COVID-19.
Sec. 4022. Foreclosure moratorium and consumer right to request 
           forbearance.
Sec. 4023. Forbearance of residential mortgage loan payments for 
           multifamily properties with federally backed loans.
Sec. 4024. Temporary moratorium on eviction filings.
Sec. 4025. Protection of collective bargaining agreement.
Sec. 4026. Reports.
Sec. 4027. Direct appropriation.
Sec. 4028. Rule of construction.
Sec. 4029. Termination of authority.

                 Subtitle B--Air Carrier Worker Support

Sec. 4111. Definitions.
Sec. 4112. Pandemic relief for aviation workers.
Sec. 4113. Procedures for providing payroll support.
Sec. 4114. Required assurances.
Sec. 4115. Protection of collective bargaining agreement.
Sec. 4116. Limitation on certain employee compensation.
Sec. 4117. Tax payer protection.
Sec. 4118. Reports.
Sec. 4119. Coordination.
Sec. 4120. Direct appropriation.

                    TITLE V--CORONAVIRUS RELIEF FUNDS

Sec. 5001. Coronavirus Relief Fund.

                   TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 6001. COVID-19 borrowing authority for the United States Postal 
           Service.
Sec. 6002. Emergency designation.

DIVISION B--EMERGENCY APPROPRIATIONS FOR CORONAVIRUS HEALTH RESPONSE AND 
                            AGENCY OPERATIONS

SEC. 3. <<NOTE: 1 USC 1 note.>>  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.

[[Page 134 STAT. 286]]

   DIVISION A--KEEPING WORKERS PAID AND EMPLOYED, HEALTH CARE SYSTEM 
                ENHANCEMENTS, AND ECONOMIC STABILIZATION

         TITLE I--KEEPING AMERICAN WORKERS PAID AND EMPLOYED ACT

SEC. 1101. <<NOTE: 15 USC 9001.>>  DEFINITIONS.

    In this title--
            (1) the terms ``Administration'' and ``Administrator'' mean 
        the Small Business Administration and the Administrator thereof, 
        respectively; and
            (2) the term ``small business concern'' has the meaning 
        given the term in section 3 of the Small Business Act (15 U.S.C. 
        636).
SEC. 1102. PAYCHECK PROTECTION PROGRAM.

    (a) In General.--Section 7(a) of the Small Business Act (15 U.S.C. 
636(a)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), in the matter preceding 
                clause (i), by striking ``and (E)'' and inserting ``(E), 
                and (F)''; and
                    (B) by adding at the end the following:
                    ``(F) Participation in the paycheck protection 
                program.--In an agreement to participate in a loan on a 
                deferred basis under paragraph (36), the participation 
                by the Administration shall be 100 percent.''; and
            (2) by adding at the end the following:
            ``(36) Paycheck protection program.--
                    ``(A) Definitions.--In this paragraph--
                          ``(i) the terms `appropriate Federal banking 
                      agency' and `insured depository institution' have 
                      the meanings given those terms in section 3 of the 
                      Federal Deposit Insurance Act (12 U.S.C. 1813);
                          ``(ii) the term `covered loan' means a loan 
                      made under this paragraph during the covered 
                      period;
                          ``(iii) the term `covered period' means the 
                      period beginning on February 15, 2020 and ending 
                      on June 30, 2020;
                          ``(iv) the term `eligible recipient' means an 
                      individual or entity that is eligible to receive a 
                      covered loan;
                          ``(v) the term `eligible self-employed 
                      individual' has the meaning given the term in 
                      section 7002(b) of the Families First Coronavirus 
                      Response Act (Public Law 116-127);
                          ``(vi) the term `insured credit union' has the 
                      meaning given the term in section 101 of the 
                      Federal Credit Union Act (12 U.S.C. 1752);
                          ``(vii) the term `nonprofit organization' 
                      means an organization that is described in section 
                      501(c)(3) of the Internal Revenue Code of 1986 and 
                      that is exempt from taxation under section 501(a) 
                      of such Code;

[[Page 134 STAT. 287]]

                          ``(viii) the term `payroll costs'--
                                    ``(I) means--
                                            ``(aa) the sum of payments 
                                        of any compensation with respect 
                                        to employees that is a--
                                                ``(AA) salary, wage, 
                                            commission, or similar 
                                            compensation;
                                                ``(BB) payment of cash 
                                            tip or equivalent;
                                                ``(CC) payment for 
                                            vacation, parental, family, 
                                            medical, or sick leave;
                                                ``(DD) allowance for 
                                            dismissal or separation;
                                                ``(EE) payment required 
                                            for the provisions of group 
                                            health care benefits, 
                                            including insurance 
                                            premiums;
                                                ``(FF) payment of any 
                                            retirement benefit; or
                                                ``(GG) payment of State 
                                            or local tax assessed on the 
                                            compensation of employees; 
                                            and
                                            ``(bb) the sum of payments 
                                        of any compensation to or income 
                                        of a sole proprietor or 
                                        independent contractor that is a 
                                        wage, commission, income, net 
                                        earnings from self-employment, 
                                        or similar compensation and that 
                                        is in an amount that is not more 
                                        than $100,000 in 1 year, as 
                                        prorated for the covered period; 
                                        and
                                    ``(II) shall not include--
                                            ``(aa) the compensation of 
                                        an individual employee in excess 
                                        of an annual salary of $100,000, 
                                        as prorated for the covered 
                                        period;
                                            ``(bb) taxes imposed or 
                                        withheld under chapters 21, 22, 
                                        or 24 of the Internal Revenue 
                                        Code of 1986 during the covered 
                                        period;
                                            ``(cc) any compensation of 
                                        an employee whose principal 
                                        place of residence is outside of 
                                        the United States;
                                            ``(dd) qualified sick leave 
                                        wages for which a credit is 
                                        allowed under section 7001 of 
                                        the Families First Coronavirus 
                                        Response Act (Public Law 116-
                                        127); or
                                            ``(ee) qualified family 
                                        leave wages for which a credit 
                                        is allowed under section 7003 of 
                                        the Families First Coronavirus 
                                        Response Act (Public Law 116-
                                        127); and
                          ``(ix) the term `veterans organization' means 
                      an organization that is described in section 
                      501(c)(19) of the Internal Revenue Code that is 
                      exempt from taxation under section 501(a) of such 
                      Code.
                    ``(B) Paycheck protection loans.--Except as 
                otherwise provided in this paragraph, the Administrator 
                may guarantee covered loans under the same terms, 
                conditions, and processes as a loan made under this 
                subsection.

[[Page 134 STAT. 288]]

                    ``(C) <<NOTE: Deadline.>>  Registration of loans.--
                Not later than 15 days after the date on which a loan is 
                made under this paragraph, the Administration shall 
                register the loan using the TIN (as defined in section 
                7701 of the Internal Revenue Code of 1986) assigned to 
                the borrower.
                    ``(D) Increased eligibility for certain small 
                businesses and organizations.--
                          ``(i) In general.--During the covered period, 
                      in addition to small business concerns, any 
                      business concern, nonprofit organization, veterans 
                      organization, or Tribal business concern described 
                      in section 31(b)(2)(C) shall be eligible to 
                      receive a covered loan if the business concern, 
                      nonprofit organization, veterans organization, or 
                      Tribal business concern employs not more than the 
                      greater of--
                                    ``(I) 500 employees; or
                                    ``(II) if applicable, the size 
                                standard in number of employees 
                                established by the Administration for 
                                the industry in which the business 
                                concern, nonprofit organization, 
                                veterans organization, or Tribal 
                                business concern operates.
                          ``(ii) Inclusion of sole proprietors, 
                      independent contractors, and eligible self-
                      employed individuals.--
                                    ``(I) In general.--During the 
                                covered period, individuals who operate 
                                under a sole proprietorship or as an 
                                independent contractor and eligible 
                                self-employed individuals shall be 
                                eligible to receive a covered loan.
                                    ``(II) <<NOTE: Determination.>>  
                                Documentation.--An eligible self-
                                employed individual, independent 
                                contractor, or sole proprietorship 
                                seeking a covered loan shall submit such 
                                documentation as is necessary to 
                                establish such individual as eligible, 
                                including payroll tax filings reported 
                                to the Internal Revenue Service, Forms 
                                1099-MISC, and income and expenses from 
                                the sole proprietorship, as determined 
                                by the Administrator and the Secretary.
                          ``(iii) Business concerns with more than 1 
                      physical location.--During the covered period, any 
                      business concern that employs not more than 500 
                      employees per physical location of the business 
                      concern and that is assigned a North American 
                      Industry Classification System code beginning with 
                      72 at the time of disbursal shall be eligible to 
                      receive a covered loan.
                          ``(iv) Waiver of affiliation rules.--During 
                      the covered period, the provisions applicable to 
                      affiliations under section 121.103 of title 13, 
                      Code of Federal Regulations, or any successor 
                      regulation, are waived with respect to eligibility 
                      for a covered loan for--
                                    ``(I) any business concern with not 
                                more than 500 employees that, as of the 
                                date on which the covered loan is 
                                disbursed, is assigned a North American 
                                Industry Classification System code 
                                beginning with 72;

[[Page 134 STAT. 289]]

                                    ``(II) any business concern 
                                operating as a franchise that is 
                                assigned a franchise identifier code by 
                                the Administration; and
                                    ``(III) any business concern that 
                                receives financial assistance from a 
                                company licensed under section 301 of 
                                the Small Business Investment Act of 
                                1958 (15 U.S.C. 681).
                          ``(v) <<NOTE: Definition.>>  Employee.--For 
                      purposes of determining whether a business 
                      concern, nonprofit organization, veterans 
                      organization, or Tribal business concern described 
                      in section 31(b)(2)(C) employs not more than 500 
                      employees under clause (i)(I), the term `employee' 
                      includes individuals employed on a full-time, 
                      part-time, or other basis.
                          ``(vi) <<NOTE: Applicability.>>  
                      Affiliation.--The provisions applicable to 
                      affiliations under section 121.103 of title 13, 
                      Code of Federal Regulations, or any successor 
                      thereto, shall apply with respect to a nonprofit 
                      organization and a veterans organization in the 
                      same manner as with respect to a small business 
                      concern.
                    ``(E) Maximum loan amount.--During the covered 
                period, with respect to a covered loan, the maximum loan 
                amount shall be the lesser of--
                          ``(i)(I) the sum of--
                                    ``(aa) the product obtained by 
                                multiplying--
                                            ``(AA) <<NOTE: Time 
                                        periods. Determination.>>  the 
                                        average total monthly payments 
                                        by the applicant for payroll 
                                        costs incurred during the 1-year 
                                        period before the date on which 
                                        the loan is made, except that, 
                                        in the case of an applicant that 
                                        is seasonal employer, as 
                                        determined by the Administrator, 
                                        the average total monthly 
                                        payments for payroll shall be 
                                        for the 12-week period beginning 
                                        February 15, 2019, or at the 
                                        election of the eligible 
                                        recipient, March 1, 2019, and 
                                        ending June 30, 2019; by
                                            ``(BB) 2.5; and
                                    ``(bb) the outstanding amount of a 
                                loan under subsection (b)(2) that was 
                                made during the period beginning on 
                                January 31, 2020 and ending on the date 
                                on which covered loans are made 
                                available to be refinanced under the 
                                covered loan; or
                          ``(II) if requested by an otherwise eligible 
                      recipient that was not in business during the 
                      period beginning on February 15, 2019 and ending 
                      on June 30, 2019, the sum of--
                                    ``(aa) the product obtained by 
                                multiplying--
                                            ``(AA) the average total 
                                        monthly payments by the 
                                        applicant for payroll costs 
                                        incurred during the period 
                                        beginning on January 1, 2020 and 
                                        ending on February 29, 2020; by
                                            ``(BB) 2.5; and
                                    ``(bb) the outstanding amount of a 
                                loan under subsection (b)(2) that was 
                                made during the period beginning on 
                                January 31, 2020 and ending on the date 
                                on which covered loans are made 
                                available to be refinanced under the 
                                covered loan; or

[[Page 134 STAT. 290]]

                          ``(ii) $10,000,000.
                    ``(F) Allowable uses of covered loans.--
                          ``(i) In general.--During the covered period, 
                      an eligible recipient may, in addition to the 
                      allowable uses of a loan made under this 
                      subsection, use the proceeds of the covered loan 
                      for--
                                    ``(I) payroll costs;
                                    ``(II) costs related to the 
                                continuation of group health care 
                                benefits during periods of paid sick, 
                                medical, or family leave, and insurance 
                                premiums;
                                    ``(III) employee salaries, 
                                commissions, or similar compensations;
                                    ``(IV) payments of interest on any 
                                mortgage obligation (which shall not 
                                include any prepayment of or payment of 
                                principal on a mortgage obligation);
                                    ``(V) rent (including rent under a 
                                lease agreement);
                                    ``(VI) utilities; and
                                    ``(VII) interest on any other debt 
                                obligations that were incurred before 
                                the covered period.
                          ``(ii) Delegated authority.--
                                    ``(I) In general.--For purposes of 
                                making covered loans for the purposes 
                                described in clause (i), a lender 
                                approved to make loans under this 
                                subsection shall be deemed to have been 
                                delegated authority by the Administrator 
                                to make and approve covered loans, 
                                subject to the provisions of this 
                                paragraph.
                                    ``(II) <<NOTE: Evaluation.>>  
                                Considerations.--In evaluating the 
                                eligibility of a borrower for a covered 
                                loan with the terms described in this 
                                paragraph, a lender shall consider 
                                whether the borrower--
                                            ``(aa) was in operation on 
                                        February 15, 2020; and
                                            ``(bb)(AA) had employees for 
                                        whom the borrower paid salaries 
                                        and payroll taxes; or
                                            ``(BB) paid independent 
                                        contractors, as reported on a 
                                        Form 1099-MISC.
                          ``(iii) <<NOTE: Determination.>>  Additional 
                      lenders.--The authority to make loans under this 
                      paragraph shall be extended to additional lenders 
                      determined by the Administrator and the Secretary 
                      of the Treasury to have the necessary 
                      qualifications to process, close, disburse and 
                      service loans made with the guarantee of the 
                      Administration.
                          ``(iv) <<NOTE: Time period.>>  Refinance.--A 
                      loan made under subsection (b)(2) during the 
                      period beginning on January 31, 2020 and ending on 
                      the date on which covered loans are made available 
                      may be refinanced as part of a covered loan.
                          ``(v) Nonrecourse.--Notwithstanding the waiver 
                      of the personal guarantee requirement or 
                      collateral under subparagraph (J), the 
                      Administrator shall have no recourse against any 
                      individual shareholder, member, or partner of an 
                      eligible recipient of a covered loan for 
                      nonpayment of any covered loan, except to

[[Page 134 STAT. 291]]

                      the extent that such shareholder, member, or 
                      partner uses the covered loan proceeds for a 
                      purpose not authorized under clause (i).
                    ``(G) Borrower requirements.--
                          ``(i) Certification.--An eligible recipient 
                      applying for a covered loan shall make a good 
                      faith certification--
                                    ``(I) that the uncertainty of 
                                current economic conditions makes 
                                necessary the loan request to support 
                                the ongoing operations of the eligible 
                                recipient;
                                    ``(II) acknowledging that funds will 
                                be used to retain workers and maintain 
                                payroll or make mortgage payments, lease 
                                payments, and utility payments;
                                    ``(III) that the eligible recipient 
                                does not have an application pending for 
                                a loan under this subsection for the 
                                same purpose and duplicative of amounts 
                                applied for or received under a covered 
                                loan; and
                                    ``(IV) <<NOTE: Time period.>>  
                                during the period beginning on February 
                                15, 2020 and ending on December 31, 
                                2020, that the eligible recipient has 
                                not received amounts under this 
                                subsection for the same purpose and 
                                duplicative of amounts applied for or 
                                received under a covered loan.
                    ``(H) Fee waiver.--During the covered period, with 
                respect to a covered loan--
                          ``(i) in lieu of the fee otherwise applicable 
                      under paragraph (23)(A), the Administrator shall 
                      collect no fee; and
                          ``(ii) in lieu of the fee otherwise applicable 
                      under paragraph (18)(A), the Administrator shall 
                      collect no fee.
                    ``(I) Credit elsewhere.--During the covered period, 
                the requirement that a small business concern is unable 
                to obtain credit elsewhere, as defined in section 3(h), 
                shall not apply to a covered loan.
                    ``(J) Waiver of personal guarantee requirement.--
                During the covered period, with respect to a covered 
                loan--
                          ``(i) no personal guarantee shall be required 
                      for the covered loan; and
                          ``(ii) no collateral shall be required for the 
                      covered loan.
                    ``(K) Maturity for loans with remaining balance 
                after application of forgiveness.--With respect to a 
                covered loan that has a remaining balance after 
                reduction based on the loan forgiveness amount under 
                section 1106 of the CARES Act--
                          ``(i) the remaining balance shall continue to 
                      be guaranteed by the Administration under this 
                      subsection; and
                          ``(ii) the covered loan shall have a maximum 
                      maturity of 10 years from the date on which the 
                      borrower applies for loan forgiveness under that 
                      section.
                    ``(L) Interest rate requirements.--A covered loan 
                shall bear an interest rate not to exceed 4 percent.

[[Page 134 STAT. 292]]

                    ``(M) <<NOTE: Time period.>>  Loan deferment.--
                          ``(i) Definition of impacted borrower.--
                                    ``(I) In general.--In this 
                                subparagraph, the term `impacted 
                                borrower' means an eligible recipient 
                                that--
                                            ``(aa) is in operation on 
                                        February 15, 2020; and
                                            ``(bb) has an application 
                                        for a covered loan that is 
                                        approved or pending approval on 
                                        or after the date of enactment 
                                        of this paragraph.
                                    ``(II) Presumption.--For purposes of 
                                this subparagraph, an impacted borrower 
                                is presumed to have been adversely 
                                impacted by COVID-19.
                          ``(ii) Deferral.--During the covered period, 
                      the Administrator shall--
                                    ``(I) consider each eligible 
                                recipient that applies for a covered 
                                loan to be an impacted borrower; and
                                    ``(II) require lenders under this 
                                subsection to provide complete payment 
                                deferment relief for impacted borrowers 
                                with covered loans for a period of not 
                                less than 6 months, including payment of 
                                principal, interest, and fees, and not 
                                more than 1 year.
                          ``(iii) Secondary market.--During the covered 
                      period, with respect to a covered loan that is 
                      sold on the secondary market, if an investor 
                      declines to approve a deferral requested by a 
                      lender under clause (ii), the Administrator shall 
                      exercise the authority to purchase the loan so 
                      that the impacted borrower may receive a deferral 
                      for a period of not less than 6 months, including 
                      payment of principal, interest, and fees, and not 
                      more than 1 year.
                          ``(iv) <<NOTE: Deadline.>>  Guidance.--Not 
                      later than 30 days after the date of enactment of 
                      this paragraph, the Administrator shall provide 
                      guidance to lenders under this paragraph on the 
                      deferment process described in this subparagraph.
                    ``(N) Secondary market sales.--A covered loan shall 
                be eligible to be sold in the secondary market 
                consistent with this subsection. The Administrator may 
                not collect any fee for any guarantee sold into the 
                secondary market under this subparagraph.
                    ``(O) Regulatory capital requirements.--
                          ``(i) Risk weight.--With respect to the 
                      appropriate Federal banking agencies or the 
                      National Credit Union Administration Board 
                      applying capital requirements under their 
                      respective risk-based capital requirements, a 
                      covered loan shall receive a risk weight of zero 
                      percent.
                          ``(ii) Temporary relief from tdr 
                      disclosures.--Notwithstanding any other provision 
                      of law, an insured depository institution or an 
                      insured credit union that modifies a covered loan 
                      in relation to COVID-19-related difficulties in a 
                      troubled debt restructuring on or after March 13, 
                      2020, shall not be required to comply with the 
                      Financial Accounting Standards Board

[[Page 134 STAT. 293]]

                      Accounting Standards Codification Subtopic 310-40 
                      (`Receivables - Troubled Debt Restructurings by 
                      Creditors') for purposes of compliance with the 
                      requirements of the Federal Deposit Insurance Act 
                      (12 U.S.C. 1811 et seq.), until such time and 
                      under such circumstances as the appropriate 
                      Federal banking agency or the National Credit 
                      Union Administration Board, as applicable, 
                      determines appropriate.
                    ``(P) Reimbursement for processing.--
                          ``(i) In general.--The Administrator shall 
                      reimburse a lender authorized to make a covered 
                      loan at a rate, based on the balance of the 
                      financing outstanding at the time of disbursement 
                      of the covered loan, of--
                                    ``(I) 5 percent for loans of not 
                                more than $350,000;
                                    ``(II) 3 percent for loans of more 
                                than $350,000 and less than $2,000,000; 
                                and
                                    ``(III) 1 percent for loans of not 
                                less than $2,000,000.
                          ``(ii) Fee limits.--An agent that assists an 
                      eligible recipient to prepare an application for a 
                      covered loan may not collect a fee in excess of 
                      the limits established by the Administrator.
                          ``(iii) <<NOTE: Deadline.>>  Timing.--A 
                      reimbursement described in clause (i) shall be 
                      made not later than 5 days after the disbursement 
                      of the covered loan.
                          ``(iv) Sense of the senate.--It is the sense 
                      of the Senate that the Administrator should issue 
                      guidance to lenders and agents to ensure that the 
                      processing and disbursement of covered loans 
                      prioritizes small business concerns and entities 
                      in underserved and rural markets, including 
                      veterans and members of the military community, 
                      small business concerns owned and controlled by 
                      socially and economically disadvantaged 
                      individuals (as defined in section 8(d)(3)(C)), 
                      women, and businesses in operation for less than 2 
                      years.
                    ``(Q) <<NOTE: Time period.>>  Duplication.--Nothing 
                in this paragraph shall prohibit a recipient of an 
                economic injury disaster loan made under subsection 
                (b)(2) during the period beginning on January 31, 2020 
                and ending on the date on which covered loans are made 
                available that is for a purpose other than paying 
                payroll costs and other obligations described in 
                subparagraph (F) from receiving assistance under this 
                paragraph.
                    ``(R) Waiver of prepayment penalty.--Notwithstanding 
                any other provision of law, there shall be no prepayment 
                penalty for any payment made on a covered loan.''.

    (b) <<NOTE: Time period.>>  Commitments for 7(a) Loans.--During the 
period beginning on February 15, 2020 and ending on June 30, 2020--
            (1) the amount authorized for commitments for general 
        business loans authorized under section 7(a) of the Small 
        Business Act (15 U.S.C. 636(a)), including loans made under 
        paragraph (36) of such section, as added by subsection (a), 
        shall be $349,000,000,000; and

[[Page 134 STAT. 294]]

            (2) the amount authorized for commitments for such loans 
        under the heading ``business loans program account'' under the 
        heading ``Small Business Administration'' under title V of the 
        Consolidated Appropriations Act, 2020 (Public Law 116-93; 133 
        Stat. 2475) shall not apply.

    (c) Express Loans.--
            (1) In general.--Section 7(a)(31)(D) of the Small Business 
        Act (15 U.S.C. 636(a)(31)(D)) is amended by striking 
        ``$350,000'' and inserting ``$1,000,000''.
            (2) <<NOTE: Effective date. 15 USC 636 note.>>  Prospective 
        repeal.--Effective on January 1, 2021, section 7(a)(31)(D) of 
        the Small Business Act (15 U.S.C. 636(a)(31)(D)) is amended by 
        striking ``$1,000,000'' and inserting ``$350,000''.

    (d) Exception to Guarantee Fee Waiver for Veterans.--Section 
7(a)(31)(G) of the Small Business Act (15 U.S.C. 636(a)(31)(G)) is 
amended--
            (1) by striking clause (ii); and
            (2) by redesignating clause (iii) as clause (ii).

    (e) <<NOTE: 15 USC 636 note.>>  Interim Rule.--On and after the date 
of enactment of this Act, the interim final rule published by the 
Administrator entitled ``Express Loan Programs: Affiliation Standards'' 
(85 Fed. Reg. 7622 (February 10, 2020)) is permanently rescinded and 
shall have no force or effect.
SEC. 1103. <<NOTE: 15 USC 9002.>>  ENTREPRENEURIAL DEVELOPMENT.

    (a) Definitions.--In this section--
            (1) the term ``covered small business concern'' means a 
        small business concern that has experienced, as a result of 
        COVID-19--
                    (A) supply chain disruptions, including changes in--
                          (i) quantity and lead time, including the 
                      number of shipments of components and delays in 
                      shipments;
                          (ii) quality, including shortages in supply 
                      for quality control reasons; and
                          (iii) technology, including a compromised 
                      payment network;
                    (B) staffing challenges;
                    (C) a decrease in gross receipts or customers; or
                    (D) a closure;
            (2) the term ``resource partner'' means--
                    (A) a small business development center; and
                    (B) a women's business center;
            (3) the term ``small business development center'' has the 
        meaning given the term in section 3 of the Small Business Act 
        (15 U.S.C. 632); and
            (4) the term ``women's business center'' means a women's 
        business center described in section 29 of the Small Business 
        Act (15 U.S.C. 656).

    (b) Education, Training, and Advising Grants.--
            (1) In general.--The Administration may provide financial 
        assistance in the form of grants to resource partners to provide 
        education, training, and advising to covered small business 
        concerns.
            (2) Use of funds.--Grants under this subsection shall be 
        used for the education, training, and advising of covered small 
        business concerns and their employees on--

[[Page 134 STAT. 295]]

                    (A) accessing and applying for resources provided by 
                the Administration and other Federal resources relating 
                to access to capital and business resiliency;
                    (B) the hazards and prevention of the transmission 
                and communication of COVID-19 and other communicable 
                diseases;
                    (C) the potential effects of COVID-19 on the supply 
                chains, distribution, and sale of products of covered 
                small business concerns and the mitigation of those 
                effects;
                    (D) the management and practice of telework to 
                reduce possible transmission of COVID-19;
                    (E) the management and practice of remote customer 
                service by electronic or other means;
                    (F) the risks of and mitigation of cyber threats in 
                remote customer service or telework practices;
                    (G) the mitigation of the effects of reduced travel 
                or outside activities on covered small business concerns 
                during COVID-19 or similar occurrences; and
                    (H) any other relevant business practices necessary 
                to mitigate the economic effects of COVID-19 or similar 
                occurrences.
            (3) Grant determination.--
                    (A) Small business development centers.--The 
                Administration shall award 80 percent of funds 
                authorized to carry out this subsection to small 
                business development centers, which shall be awarded 
                pursuant to a formula jointly developed, negotiated, and 
                agreed upon, with full participation of both parties, 
                between the association formed under section 21(a)(3)(A) 
                of the Small Business Act (15 U.S.C. 648(a)(3)(A)) and 
                the Administration.
                    (B) Women's business centers.--The Administration 
                shall award 20 percent of funds authorized to carry out 
                this subsection to women's business centers, which shall 
                be awarded pursuant to a process established by the 
                Administration in consultation with recipients of 
                assistance.
                    (C) No matching funds required.--Matching funds 
                shall not be required for any grant under this 
                subsection.
            (4) Goals and metrics.--
                    (A) In general.--Goals and metrics for the funds 
                made available under this subsection shall be jointly 
                developed, negotiated, and agreed upon, with full 
                participation of both parties, between the resource 
                partners and the Administrator, which shall--
                          (i) take into consideration the extent of the 
                      circumstances relating to the spread of COVID-19, 
                      or similar occurrences, that affect covered small 
                      business concerns located in the areas covered by 
                      the resource partner, particularly in rural areas 
                      or economically distressed areas;
                          (ii) generally follow the use of funds 
                      outlined in paragraph (2), but shall not restrict 
                      the activities of resource partners in responding 
                      to unique situations; and
                          (iii) encourage resource partners to develop 
                      and provide services to covered small business 
                      concerns.

[[Page 134 STAT. 296]]

                    (B) <<NOTE: Methodologies.>>  Public availability.--
                The Administrator shall make publicly available the 
                methodology by which the Administrator and resource 
                partners jointly develop the metrics and goals described 
                in subparagraph (A).

    (c) Resource Partner Association Grants.--
            (1) In general.--The Administrator may provide grants to an 
        association or associations representing resource partners under 
        which the association or associations shall establish a single 
        centralized hub for COVID-19 information, which shall include--
                    (A) 1 online platform that consolidates resources 
                and information available across multiple Federal 
                agencies for small business concerns related to COVID-
                19; and
                    (B) a training program to educate resource partner 
                counselors, members of the Service Corps of Retired 
                Executives established under section 8(b)(1)(B) of the 
                Small Business Act (15 U.S.C. 637(b)(1)(B)), and 
                counselors at veterans business outreach centers 
                described in section 32 of the Small Business Act (15 
                U.S.C. 657b) on the resources and information described 
                in subparagraph (A).
            (2) Goals and metrics.--Goals and metrics for the funds made 
        available under this subsection shall be jointly developed, 
        negotiated, and agreed upon, with full participation of both 
        parties, between the association or associations receiving a 
        grant under this subsection and the Administrator.

    (d) Report.--Not later than 6 months after the date of enactment of 
this Act, and annually thereafter, the Administrator shall submit to the 
Committee on Small Business and Entrepreneurship of the Senate and the 
Committee on Small Business of the House of Representatives a report 
that describes--
            (1) with respect to the initial year covered by the report--
                    (A) the programs and services developed and provided 
                by the Administration and resource partners under 
                subsection (b);
                    (B) the initial efforts to provide those services 
                under subsection (b); and
                    (C) the online platform and training developed and 
                provided by the Administration and the association or 
                associations under subsection (c); and
            (2) with respect to the subsequent years covered by the 
        report--
                    (A) with respect to the grant program under 
                subsection (b)--
                          (i) the efforts of the Administrator and 
                      resource partners to develop services to assist 
                      covered small business concerns;
                          (ii) the challenges faced by owners of covered 
                      small business concerns in accessing services 
                      provided by the Administration and resource 
                      partners;
                          (iii) the number of unique covered small 
                      business concerns that were served by the 
                      Administration and resource partners; and
                          (iv) other relevant outcome performance data 
                      with respect to covered small business concerns, 
                      including the number of employees affected, the 
                      effect on sales, the disruptions of supply chains, 
                      and the efforts made

[[Page 134 STAT. 297]]

                      by the Administration and resource partners to 
                      mitigate these effects; and
                    (B) with respect to the grant program under 
                subsection (c)--
                          (i) the efforts of the Administrator and the 
                      association or associations to develop and evolve 
                      an online resource for small business concerns; 
                      and
                          (ii) the efforts of the Administrator and the 
                      association or associations to develop a training 
                      program for resource partner counselors, including 
                      the number of counselors trained.
SEC. 1104. STATE TRADE EXPANSION PROGRAM.

    (a) <<NOTE: Extension.>>  In General.--Notwithstanding paragraph 
(3)(C)(iii) of section 22(l) of the Small Business Act (15 U.S.C. 
649(l)), for grants under the State Trade Expansion Program under such 
section 22(l) using amounts made available for fiscal year 2018 or 
fiscal year 2019, the period of the grant shall continue through the end 
of fiscal year 2021.

    (b) Reimbursement.--The Administrator shall reimburse any recipient 
of assistance under section 22(l) of the Small Business Act (15 U.S.C. 
649(l)) for financial losses relating to a foreign trade mission or a 
trade show exhibition that was cancelled solely due to a public health 
emergency declared due to COVID-19 if the reimbursement does not exceed 
a recipient's grant funding.
SEC. 1105. <<NOTE: Time period. 15 USC 9004.>>  WAIVER OF MATCHING 
                          FUNDS REQUIREMENT UNDER THE WOMEN'S 
                          BUSINESS CENTER PROGRAM.

    During the 3-month period beginning on the date of enactment of this 
Act, the requirement relating to obtaining cash contributions from non-
Federal sources under section 29(c)(1) of the Small Business Act (15 
U.S.C. 656(c)(1)) is waived for any recipient of assistance under such 
section 29.
SEC. 1106. <<NOTE: 15 USC 9005.>>  LOAN FORGIVENESS.

    (a) Definitions.--In this section--
            (1) the term ``covered loan'' means a loan guaranteed under 
        paragraph (36) of section 7(a) of the Small Business Act (15 
        U.S.C. 636(a)), as added by section 1102;
            (2) the term ``covered mortgage obligation'' means any 
        indebtedness or debt instrument incurred in the ordinary course 
        of business that--
                    (A) is a liability of the borrower;
                    (B) is a mortgage on real or personal property; and
                    (C) was incurred before February 15, 2020;
            (3) the term ``covered period'' means the 8-week period 
        beginning on the date of the origination of a covered loan;
            (4) the term ``covered rent obligation'' means rent 
        obligated under a leasing agreement in force before February 15, 
        2020;
            (5) the term ``covered utility payment'' means payment for a 
        service for the distribution of electricity, gas, water, 
        transportation, telephone, or internet access for which service 
        began before February 15, 2020;
            (6) the term ``eligible recipient'' means the recipient of a 
        covered loan;
            (7) the term ``expected forgiveness amount'' means the 
        amount of principal that a lender reasonably expects a borrower 
        to expend during the covered period on the sum of any--

[[Page 134 STAT. 298]]

                    (A) payroll costs;
                    (B) payments of interest on any covered mortgage 
                obligation (which shall not include any prepayment of or 
                payment of principal on a covered mortgage obligation);
                    (C) payments on any covered rent obligation; and
                    (D) covered utility payments; and
            (8) the term ``payroll costs'' has the meaning given that 
        term in paragraph (36) of section 7(a) of the Small Business Act 
        (15 U.S.C. 636(a)), as added by section 1102 of this Act.

    (b) Forgiveness.--An eligible recipient shall be eligible for 
forgiveness of indebtedness on a covered loan in an amount equal to the 
sum of the following costs incurred and payments made during the covered 
period:
            (1) Payroll costs.
            (2) Any payment of interest on any covered mortgage 
        obligation (which shall not include any prepayment of or payment 
        of principal on a covered mortgage obligation).
            (3) Any payment on any covered rent obligation.
            (4) Any covered utility payment.

    (c) Treatment of Amounts Forgiven.--
            (1) In general.--Amounts which have been forgiven under this 
        section shall be considered canceled indebtedness by a lender 
        authorized under section 7(a) of the Small Business Act (15 
        U.S.C. 636(a)).
            (2) Purchase of guarantees.--For purposes of the purchase of 
        the guarantee for a covered loan by the Administrator, amounts 
        which are forgiven under this section shall be treated in 
        accordance with the procedures that are otherwise applicable to 
        a loan guaranteed under section 7(a) of the Small Business Act 
        (15 U.S.C. 636(a)).
            (3) <<NOTE: Deadline.>>  Remittance.--Not later than 90 days 
        after the date on which the amount of forgiveness under this 
        section is determined, the Administrator shall remit to the 
        lender an amount equal to the amount of forgiveness, plus any 
        interest accrued through the date of payment.
            (4) Advance purchase of covered loan.--
                    (A) Report.--A lender authorized under section 7(a) 
                of the Small Business Act (15 U.S.C. 636(a)), or, at the 
                discretion of the Administrator, a third party 
                participant in the secondary market, may, report to the 
                Administrator an expected forgiveness amount on a 
                covered loan or on a pool of covered loans of up to 100 
                percent of the principal on the covered loan or pool of 
                covered loans, respectively.
                    (B) Purchase.--The Administrator shall purchase the 
                expected forgiveness amount described in subparagraph 
                (A) as if the amount were the principal amount of a loan 
                guaranteed under section 7(a) of the Small Business Act 
                636(a)).
                    (C) <<NOTE: Deadline.>>  Timing.--Not later than 15 
                days after the date on which the Administrator receives 
                a report under subparagraph (A), the Administrator shall 
                purchase the expected forgiveness amount under 
                subparagraph (B) with respect to each covered loan to 
                which the report relates.

    (d) Limits on Amount of Forgiveness.--

[[Page 134 STAT. 299]]

            (1) Amount may not exceed principal.--The amount of loan 
        forgiveness under this section shall not exceed the principal 
        amount of the financing made available under the applicable 
        covered loan.
            (2) Reduction based on reduction in number of employees.--
                    (A) In general.--The amount of loan forgiveness 
                under this section shall be reduced, but not increased, 
                by multiplying the amount described in subsection (b) by 
                the quotient obtained by dividing--
                          (i) the average number of full-time equivalent 
                      employees per month employed by the eligible 
                      recipient during the covered period; by
                          (ii)(I) <<NOTE: Time periods.>>  at the 
                      election of the borrower--
                                    (aa) the average number of full-time 
                                equivalent employees per month employed 
                                by the eligible recipient during the 
                                period beginning on February 15, 2019 
                                and ending on June 30, 2019; or
                                    (bb) the average number of full-time 
                                equivalent employees per month employed 
                                by the eligible recipient during the 
                                period beginning on January 1, 2020 and 
                                ending on February 29, 2020; or
                          (II) <<NOTE: Determination.>>  in the case of 
                      an eligible recipient that is seasonal employer, 
                      as determined by the Administrator, the average 
                      number of full-time equivalent employees per month 
                      employed by the eligible recipient during the 
                      period beginning on February 15, 2019 and ending 
                      on June 30, 2019.
                    (B) Calculation of average number of employees.--
                For <<NOTE: Determination.>>  purposes of subparagraph 
                (A), the average number of full-time equivalent 
                employees shall be determined by calculating the average 
                number of full-time equivalent employees for each pay 
                period falling within a month.
            (3) Reduction relating to salary and wages.--
                    (A) In general.--The amount of loan forgiveness 
                under this section shall be reduced by the amount of any 
                reduction in total salary or wages of any employee 
                described in subparagraph (B) during the covered period 
                that is in excess of 25 percent of the total salary or 
                wages of the employee during the most recent full 
                quarter during which the employee was employed before 
                the covered period.
                    (B) Employees described.--An employee described in 
                this subparagraph is any employee who did not receive, 
                during any single pay period during 2019, wages or 
                salary at an annualized rate of pay in an amount more 
                than $100,000.
            (4) Tipped workers.--An eligible recipient with tipped 
        employees described in section 3(m)(2)(A) of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)) may receive 
        forgiveness for additional wages paid to those employees.
            (5) Exemption for re-hires.--
                    (A) <<NOTE: Determination. Time period.>>  In 
                general.--In a circumstance described in subparagraph 
                (B), the amount of loan forgiveness under this section 
                shall be determined without regard to a reduction in the 
                number of full-time equivalent employees of an eligible 
                recipient or a reduction in the salary of 1 or

[[Page 134 STAT. 300]]

                more employees of the eligible recipient, as applicable, 
                during the period beginning on February 15, 2020 and 
                ending on the date that is 30 days after the date of 
                enactment of this Act.
                    (B) <<NOTE: Time period. Deadline.>>  
                Circumstances.--A circumstance described in this 
                subparagraph is a circumstance--
                          (i) in which--
                                    (I) during the period beginning on 
                                February 15, 2020 and ending on the date 
                                that is 30 days after the date of 
                                enactment of this Act, there is a 
                                reduction, as compared to February 15, 
                                2020, in the number of full-time 
                                equivalent employees of an eligible 
                                recipient; and
                                    (II) not later than June 30, 2020, 
                                the eligible employer has eliminated the 
                                reduction in the number of full-time 
                                equivalent employees;
                          (ii) in which--
                                    (I) during the period beginning on 
                                February 15, 2020 and ending on the date 
                                that is 30 days after the date of 
                                enactment of this Act, there is a 
                                reduction, as compared to February 15, 
                                2020, in the salary or wages of 1 or 
                                more employees of the eligible 
                                recipient; and
                                    (II) not later than June 30, 2020, 
                                the eligible employer has eliminated the 
                                reduction in the salary or wages of such 
                                employees; or
                          (iii) in which the events described in clause 
                      (i) and (ii) occur.
            (6) Exemptions.--The Administrator and the Secretary of the 
        Treasury may prescribe regulations granting de minimis 
        exemptions from the requirements under this subsection.

    (e) Application.--An eligible recipient seeking loan forgiveness 
under this section shall submit to the lender that is servicing the 
covered loan an application, which shall include--
            (1) documentation verifying the number of full-time 
        equivalent employees on payroll and pay rates for the periods 
        described in subsection (d), including--
                    (A) payroll tax filings reported to the Internal 
                Revenue Service; and
                    (B) State income, payroll, and unemployment 
                insurance filings;
            (2) documentation, including cancelled checks, payment 
        receipts, transcripts of accounts, or other documents verifying 
        payments on covered mortgage obligations, payments on covered 
        lease obligations, and covered utility payments;
            (3) <<NOTE: Certification.>>  a certification from a 
        representative of the eligible recipient authorized to make such 
        certifications that--
                    (A) the documentation presented is true and correct; 
                and
                    (B) the amount for which forgiveness is requested 
                was used to retain employees, make interest payments on 
                a covered mortgage obligation, make payments on a 
                covered rent obligation, or make covered utility 
                payments; and
            (4) any other documentation the Administrator determines 
        necessary.

    (f) <<NOTE: Requirement.>>  Prohibition on Forgiveness Without 
Documentation.--No eligible recipient shall receive forgiveness under 
this section

[[Page 134 STAT. 301]]

without submitting to the lender that is servicing the covered loan the 
documentation required under subsection (e).

    (g) <<NOTE: Deadline.>>  Decision.--Not later than 60 days after the 
date on which a lender receives an application for loan forgiveness 
under this section from an eligible recipient, the lender shall issue a 
decision on the an application.

    (h) Hold Harmless.--If a lender has received the documentation 
required under this section from an eligible recipient attesting that 
the eligible recipient has accurately verified the payments for payroll 
costs, payments on covered mortgage obligations, payments on covered 
lease obligations, or covered utility payments during covered period--
            (1) an enforcement action may not be taken against the 
        lender under section 47(e) of the Small Business Act (15 U.S.C. 
        657t(e)) relating to loan forgiveness for the payments for 
        payroll costs, payments on covered mortgage obligations, 
        payments on covered lease obligations, or covered utility 
        payments, as the case may be; and
            (2) the lender shall not be subject to any penalties by the 
        Administrator relating to loan forgiveness for the payments for 
        payroll costs, payments on covered mortgage obligations, 
        payments on covered lease obligations, or covered utility 
        payments, as the case may be.

    (i) Taxability.--For purposes of the Internal Revenue Code of 1986, 
any amount which (but for this subsection) would be includible in gross 
income of the eligible recipient by reason of forgiveness described in 
subsection (b) shall be excluded from gross income.
    (j) Rule of Construction.--The cancellation of indebtedness on a 
covered loan under this section shall not otherwise modify the terms and 
conditions of the covered loan.
    (k) <<NOTE: Deadline. Guidance.>>  Regulations.--Not later than 30 
days after the date of enactment of this Act, the Administrator shall 
issue guidance and regulations implementing this section.
SEC. 1107. <<NOTE: 15 USC 9006.>>  DIRECT APPROPRIATIONS.

    (a) In General.--There is appropriated, out of amounts in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2020, to remain available until September 30, 2021, for 
additional amounts--
            (1) $349,000,000,000 under the heading ``Small Business 
        Administration--Business Loans Program Account, CARES Act'' for 
        the cost of guaranteed loans as authorized under paragraph (36) 
        of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as 
        added by section 1102(a) of this Act;
            (2) $675,000,000 under the heading ``Small Business 
        Administration--Salaries and Expenses'' for salaries and 
        expenses of the Administration;
            (3) $25,000,000 under the heading ``Small Business 
        Administration--Office of Inspector General'', to remain 
        available until September 30, 2024, for necessary expenses of 
        the Office of Inspector General of the Administration in 
        carrying out the provisions of the Inspector General Act of 1978 
        (5 U.S.C. App.);
            (4) $265,000,000 under the heading ``Small Business 
        Administration--Entrepreneurial Development Programs'', of 
        which--

[[Page 134 STAT. 302]]

                    (A) $240,000,000 shall be for carrying out section 
                1103(b) of this Act; and
                    (B) $25,000,000 shall be for carrying out section 
                1103(c) of this Act;
            (5) $10,000,000 under the heading ``Department of Commerce--
        Minority Business Development Agency'' for minority business 
        centers of the Minority Business Development Agency to provide 
        technical assistance to small business concerns;
            (6) $10,000,000,000 under the heading ``Small Business 
        Administration--Emergency EIDL Grants'' shall be for carrying 
        out section 1110 of this Act;
            (7) $17,000,000,000 under the heading ``Small Business 
        Administration--Business Loans Program Account, CARES Act'' 
        shall be for carrying out section 1112 of this Act; and
            (8) $25,000,000 under the heading ``Department of the 
        Treasury--Departmental Offices--Salaries and Expenses'' shall be 
        for carrying out section 1109 of this Act.

    (b) <<NOTE: Time period.>>  Secondary Market.--During the period 
beginning on the date of enactment of this Act and ending on September 
30, 2021, guarantees of trust certificates authorized by section 5(g) of 
the Small Business Act (15 U.S.C. 635(g)) shall not exceed a principal 
amount of $100,000,000,000.

    (c) <<NOTE: Expenditure plan.>>  Reports.--Not later than 180 days 
after the date of enactment of this Act, the Administrator shall submit 
to the Committee on Appropriations of the Senate and the Committee on 
Appropriations of the House of Representatives a detailed expenditure 
plan for using the amounts appropriated to the Administration under 
subsection (a).
SEC. 1108. <<NOTE: 15 USC 9007.>>  MINORITY BUSINESS DEVELOPMENT 
                          AGENCY.

    (a) Definitions.--In this section--
            (1) the term ``Agency'' means the Minority Business 
        Development Agency of the Department of Commerce;
            (2) the term ``minority business center'' means a Business 
        Center of the Agency;
            (3) the term ``minority business enterprise'' means a for-
        profit business enterprise--
                    (A) not less than 51 percent of which is owned by 1 
                or more socially disadvantaged individuals, as 
                determined by the Agency; and
                    (B) the management and daily business operations of 
                which are controlled by 1 or more socially disadvantaged 
                individuals, as determined by the Agency; and
            (4) the term ``minority chamber of commerce'' means a 
        chamber of commerce developed specifically to support minority 
        business enterprises.

    (b) Education, Training, and Advising Grants.--
            (1) In general.--The Agency may provide financial assistance 
        in the form of grants to minority business centers and minority 
        chambers of commerce to provide education, training, and 
        advising to minority business enterprises.
            (2) Use of funds.--Grants under this section shall be used 
        for the education, training, and advising of minority business 
        enterprises and their employees on--
                    (A) accessing and applying for resources provided by 
                the Agency and other Federal resources relating to 
                access to capital and business resiliency;

[[Page 134 STAT. 303]]

                    (B) the hazards and prevention of the transmission 
                and communication of COVID-19 and other communicable 
                diseases;
                    (C) the potential effects of COVID-19 on the supply 
                chains, distribution, and sale of products of minority 
                business enterprises and the mitigation of those 
                effects;
                    (D) the management and practice of telework to 
                reduce possible transmission of COVID-19;
                    (E) the management and practice of remote customer 
                service by electronic or other means;
                    (F) the risks of and mitigation of cyber threats in 
                remote customer service or telework practices;
                    (G) the mitigation of the effects of reduced travel 
                or outside activities on minority business enterprises 
                during COVID-19 or similar occurrences; and
                    (H) any other relevant business practices necessary 
                to mitigate the economic effects of COVID-19 or similar 
                occurrences.
            (3) No matching funds required.--Matching funds shall not be 
        required for any grant under this section.
            (4) Goals and metrics.--
                    (A) In general.--Goals and metrics for the funds 
                made available under this section shall be jointly 
                developed, negotiated, and agreed upon, with full 
                participation of both parties, between the minority 
                business centers, minority chambers of commerce, and the 
                Agency, which shall--
                          (i) take into consideration the extent of the 
                      circumstances relating to the spread of COVID-19, 
                      or similar occurrences, that affect minority 
                      business enterprises located in the areas covered 
                      by minority business centers and minority chambers 
                      of commerce, particularly in rural areas or 
                      economically distressed areas;
                          (ii) generally follow the use of funds 
                      outlined in paragraph (2), but shall not restrict 
                      the activities of minority business centers and 
                      minority chambers of commerce in responding to 
                      unique situations; and
                          (iii) encourage minority business centers and 
                      minority chambers of commerce to develop and 
                      provide services to minority business enterprises.
                    (B) <<NOTE: Methodologies.>>  Public availability.--
                The Agency shall make publicly available the methodology 
                by which the Agency, minority business centers, and 
                minority chambers of commerce jointly develop the 
                metrics and goals described in subparagraph (A).

    (c) <<NOTE: Time periods.>>  Waivers.--
            (1) In general.--Notwithstanding any other provision of law 
        or regulation, the Agency may, during the 3-month period that 
        begins on the date of enactment of this Act, waive any matching 
        requirement imposed on a minority business center or a specialty 
        center of the Agency under a cooperative agreement between such 
        a center and the Agency if the applicable center is unable to 
        raise funds, or has suffered a loss of revenue, because of the 
        effects of COVID-19.
            (2) Remaining compliant.--Notwithstanding any provision of a 
        cooperative agreement between the Agency and a minority business 
        center, if, during the period beginning on the date

[[Page 134 STAT. 304]]

        of enactment of this Act and ending on September 30, 2021, such 
        a center decides not to collect fees because of the economic 
        consequences of COVID-19, the center shall be considered to be 
        in compliance with that agreement if--
                    (A) <<NOTE: Notification.>>  the center notifies the 
                Agency with respect to that decision, which the center 
                may provide through electronic mail; and
                    (B) <<NOTE: Deadline.>>  the Agency, not later than 
                15 days after the date on which the center provides 
                notice to the Agency under subparagraph (A)--
                          (i) confirms receipt of the notification under 
                      subparagraph (A); and
                          (ii) accepts the decision of the center.

    (d) Report.--Not later than 6 months after the date of enactment of 
this Act, and annually thereafter, the Agency shall submit to the 
Committee on Small Business and Entrepreneurship and the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee on 
Small Business and the Committee on Energy and Commerce of the House of 
Representatives a report that describes--
            (1) with respect to the period covered by the initial 
        report--
                    (A) the programs and services developed and provided 
                by the Agency, minority business centers, and minority 
                chambers of commerce under subsection (b); and
                    (B) the initial efforts to provide those services 
                under subsection (b); and
            (2) with respect to subsequent years covered by the report--
                    (A) with respect to the grant program under 
                subsection (b)--
                          (i) the efforts of the Agency, minority 
                      business centers, and minority chambers of 
                      commerce to develop services to assist minority 
                      business enterprises;
                          (ii) the challenges faced by owners of 
                      minority business enterprises in accessing 
                      services provided by the Agency, minority business 
                      centers, and minority chambers of commerce;
                          (iii) the number of unique minority business 
                      enterprises that were served by the Agency, 
                      minority business centers, or minority chambers of 
                      commerce; and
                          (iv) other relevant outcome performance data 
                      with respect to minority business enterprises, 
                      including the number of employees affected, the 
                      effect on sales, the disruptions of supply chains, 
                      and the efforts made by the Agency, minority 
                      business centers, and minority chambers of 
                      commerce to mitigate these effects .

    (e) Authorization of Appropriations.--There is authorized to be 
appropriated $10,000,000 to carry out this section, to remain available 
until expended.
SEC. 1109. <<NOTE: 15 USC 9008.>>  UNITED STATES TREASURY PROGRAM 
                          MANAGEMENT AUTHORITY.

    (a) Definitions.--In this section--
            (1) the terms ``appropriate Federal banking agency'' and 
        ``insured depository institution'' have the meanings given those 
        terms in section 3 of the Federal Deposit Insurance Act (12 
        U.S.C. 1813);

[[Page 134 STAT. 305]]

            (2) the term ``insured credit union'' has the meaning given 
        the term in section 101 of the Federal Credit Union Act (12 
        U.S.C. 1752); and
            (3) the term ``Secretary'' means the Secretary of the 
        Treasury.

    (b) Authority to Include Additional Financial Institutions.--The 
Department <<NOTE: Consultation. Criteria.>>  of the Treasury, in 
consultation with the Administrator, and the Chairman of the Farm Credit 
Administration shall establish criteria for insured depository 
institutions, insured credit unions, institutions of the Farm Credit 
System chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 et 
seq.), and other lenders that do not already participate in lending 
under programs of the Administration, to participate in the paycheck 
protection program to provide loans under this section until the date on 
which the national emergency declared by the President under the 
National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the 
Coronavirus Disease 2019 (COVID-19) expires.

    (c) <<NOTE: Determination. Consultation.>>  Safety and Soundness.--
An insured depository institution, insured credit union, institution of 
the Farm Credit System chartered under the Farm Credit Act of 1971 (12 
U.S.C. 2001 et seq.), or other lender may only participate in the 
program established under this section if participation does not affect 
the safety and soundness of the institution or lender, as determined by 
the Secretary in consultation with the appropriate Federal banking 
agencies or the National Credit Union Administration Board, as 
applicable.

    (d) Regulations for Lenders and Loans.--
            (1) In general.--The Secretary may issue regulations and 
        guidance as necessary to carry out the purposes of this section, 
        including to--
                    (A) allow additional lenders to originate loans 
                under this section; and
                    (B) establish terms and conditions for loans under 
                this section, including terms and conditions concerning 
                compensation, underwriting standards, interest rates, 
                and maturity.
            (2) Requirements.--The terms and conditions established 
        under paragraph (1) shall provide for the following:
                    (A) A rate of interest that does not exceed the 
                maximum permissible rate of interest available on a loan 
                of comparable maturity under paragraph (36) of section 
                7(a) of the Small Business Act (15 U.S.C. 636(a)), as 
                added by section 1102 of this Act.
                    (B) Terms and conditions that, to the maximum extent 
                practicable, are consistent with the terms and 
                conditions required under the following provisions of 
                paragraph (36) of section 7(a) of the Small Business Act 
                (15 U.S.C. 636(a)), as added by section 1102 of this 
                Act:
                          (i) Subparagraph (D), pertaining to borrower 
                      eligibility.
                          (ii) Subparagraph (E), pertaining to the 
                      maximum loan amount.
                          (iii) Subparagraph (F)(i), pertaining to 
                      allowable uses of program loans.
                          (iv) Subparagraph (H), pertaining to fee 
                      waivers.
                          (v) Subparagraph (M), pertaining to loan 
                      deferment.

[[Page 134 STAT. 306]]

                    (C) A guarantee percentage that, to the maximum 
                extent practicable, is consistent with the guarantee 
                percentage required under subparagraph (F) of section 
                7(a)(2) of the Small Business Act (15 U.S.C. 636(a)(2)), 
                as added by section 1102 of this Act.
                    (D) Loan forgiveness under terms and conditions 
                that, to the maximum extent practicable, is consistent 
                with the terms and conditions for loan forgiveness under 
                section 1106 of this Act.

    (e) Additional Regulations Generally.--The Secretary may issue 
regulations and guidance as necessary to carry out the purposes of this 
section, including to allow additional lenders to originate loans under 
this title and to establish terms and conditions such as compensation, 
underwriting standards, interest rates, and maturity for under this 
section.
    (f) Certification.--As a condition of receiving a loan under this 
section, a borrower shall certify under terms acceptable to the 
Secretary that the borrower--
            (1) does not have an application pending for a loan under 
        section 7(a) of the Small Business Act (15 U.S.C. 636(a)) for 
        the same purpose; and
            (2) <<NOTE: Time period.>>  has not received such a loan 
        during the period beginning on February 15, 2020 and ending on 
        December 31, 2020.

    (g) Opt-in for SBA Qualified Lenders.--Lenders qualified to 
participate as a lender under 7(a) of the Small Business Act (15 U.S.C. 
636(a)) may elect to participate in the paycheck protection program 
under the criteria, terms, and conditions established under this 
section. Such participation shall not preclude the lenders from 
continuing participation as a lender under section 7(a) of the Small 
Business Act (15 U.S.C. 636(a)).
    (h) Program Administration.--With guidance from the Secretary, the 
Administrator shall administer the program established under this 
section, including the making and purchasing of guarantees on loans 
under the program, until the date on which the national emergency 
declared by the President under the National Emergencies Act (50 U.S.C. 
1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID-19) 
expires.
    (i) Criminal Penalties.--A loan under this section shall be deemed 
to be a loan under the Small Business Act (15 U.S.C. 631 et seq.) for 
purposes of section 16 of such Act (15 U.S.C. 645).
SEC. 1110. <<NOTE: 15 USC 9009.>>  EMERGENCY EIDL GRANTS.

    (a) Definitions.--In this section--
            (1) the term ``covered period'' means the period beginning 
        on January 31, 2020 and ending on December 31, 2020; and
            (2) the term ``eligible entity'' means--
                    (A) a business with not more than 500 employees;
                    (B) any individual who operates under a sole 
                proprietorship, with or without employees, or as an 
                independent contractor;
                    (C) a cooperative with not more than 500 employees;
                    (D) an ESOP (as defined in section 3 of the Small 
                Business Act (15 U.S.C. 632)) with not more than 500 
                employees; or

[[Page 134 STAT. 307]]

                    (E) a tribal small business concern, as described in 
                section 31(b)(2)(C) of the Small Business Act (15 U.S.C. 
                657a(b)(2)(C)), with not more than 500 employees.

    (b) Eligible Entities.--During the covered period, in addition to 
small business concerns, private nonprofit organizations, and small 
agricultural cooperatives, an eligible entity shall be eligible for a 
loan made under section 7(b)(2) of the Small Business Act (15 U.S.C. 
636(b)(2)).
    (c) <<NOTE: Waiver authority.>>  Terms; Credit Elsewhere.--With 
respect to a loan made under section 7(b)(2) of the Small Business Act 
(15 U.S.C. 636(b)(2)) in response to COVID-19 during the covered period, 
the Administrator shall waive--
            (1) any rules related the personal guarantee on advances and 
        loans of not more than $200,000 during the covered period for 
        all applicants;
            (2) <<NOTE: Time period.>>  the requirement that an 
        applicant needs to be in business for the 1-year period before 
        the disaster, except that no waiver may be made for a business 
        that was not in operation on January 31, 2020; and
            (3) the requirement in the flush matter following 
        subparagraph (E) of section 7(b)(2) of the Small Business Act 
        (15 U.S.C. 636(b)(2)), as so redesignated by subsection (f) of 
        this section, that an applicant be unable to obtain credit 
        elsewhere.

    (d) Approval and Ability to Repay for Small Dollar Loans.--With 
respect to a loan made under section 7(b)(2) of the Small Business Act 
(15 U.S.C. 636(b)(2)) in response to COVID-19 during the covered period, 
the Administrator may--
            (1) approve an applicant based solely on the credit score of 
        the applicant and shall not require an applicant to submit a tax 
        return or a tax return transcript for such approval; or
            (2) use alternative appropriate methods to determine an 
        applicant's ability to repay.

    (e) Emergency Grant.--
            (1) <<NOTE: Deadline.>>  In general.--During the covered 
        period, an entity included for eligibility in subsection (b), 
        including small business concerns, private nonprofit 
        organizations, and small agricultural cooperatives, that applies 
        for a loan under section 7(b)(2) of the Small Business Act (15 
        U.S.C. 636(b)(2)) in response to COVID-19 may request that the 
        Administrator provide an advance that is, subject to paragraph 
        (3), in the amount requested by such applicant to such applicant 
        within 3 days after the Administrator receives an application 
        from such applicant.
            (2) Verification.--Before disbursing amounts under this 
        subsection, the Administrator shall verify that the applicant is 
        an eligible entity by accepting a self-certification from the 
        applicant under penalty of perjury pursuant to section 1746 of 
        title 28 United States Code.
            (3) Amount.--The amount of an advance provided under this 
        subsection shall be not more than $10,000.
            (4) Use of funds.--An advance provided under this subsection 
        may be used to address any allowable purpose for a loan made 
        under section 7(b)(2) of the Small Business Act (15 U.S.C. 
        636(b)(2)), including--
                    (A) providing paid sick leave to employees unable to 
                work due to the direct effect of the COVID-19;

[[Page 134 STAT. 308]]

                    (B) maintaining payroll to retain employees during 
                business disruptions or substantial slowdowns;
                    (C) meeting increased costs to obtain materials 
                unavailable from the applicant's original source due to 
                interrupted supply chains;
                    (D) making rent or mortgage payments; and
                    (E) repaying obligations that cannot be met due to 
                revenue losses.
            (5) Repayment.--An applicant shall not be required to repay 
        any amounts of an advance provided under this subsection, even 
        if subsequently denied a loan under section 7(b)(2) of the Small 
        Business Act (15 U.S.C. 636(b)(2)).
            (6) Unemployment grant.--If an applicant that receives an 
        advance under this subsection transfers into, or is approved 
        for, the loan program under section 7(a) of the Small Business 
        Act (15 U.S.C. 636(a)), the advance amount shall be reduced from 
        the loan forgiveness amount for a loan for payroll costs made 
        under such section 7(a).
            (7) Authorization of appropriations.--There is authorized to 
        be appropriated to the Administration $10,000,000,000 to carry 
        out this subsection.
            (8) Termination.--The authority to carry out grants under 
        this subsection shall terminate on December 31, 2020.

    (f) Emergencies Involving Federal Primary Responsibility Qualifying 
for SBA Assistance.--Section 7(b)(2) of the Small Business Act (15 
U.S.C. 636(b)(2)) is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by striking ``or'' at the end;
            (3) in subparagraph (C), by striking ``or'' at the end;
            (4) by redesignating subparagraph (D) as subparagraph (E);
            (5) by inserting after subparagraph (C) the following:
                    ``(D) an emergency involving Federal primary 
                responsibility determined to exist by the President 
                under the section 501(b) of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5191(b)); or''; and
            (6) in subparagraph (E), as so redesignated--
                    (A) by striking ``or (C)'' and inserting ``(C), or 
                (D)'';
                    (B) by striking ``disaster declaration'' each place 
                it appears and inserting ``disaster or emergency 
                declaration'';
                    (C) by striking ``disaster has occurred'' and 
                inserting ``disaster or emergency has occurred'';
                    (D) by striking ``such disaster'' and inserting 
                ``such disaster or emergency''; and
                    (E) by striking ``disaster stricken'' and inserting 
                ``disaster- or emergency-stricken''; and
            (7) in the flush matter following subparagraph (E), as so 
        redesignated, by striking the period at the end and inserting 
        the following: ``: Provided further, That for purposes of 
        subparagraph (D), the Administrator shall deem that such an 
        emergency affects each State or subdivision thereof (including 
        counties), and that each State or subdivision has sufficient 
        economic damage to small business concerns to qualify for 
        assistance under this paragraph and the Administrator shall 
        accept applications for such assistance immediately.''.

[[Page 134 STAT. 309]]

SEC. 1111. <<NOTE: 15 USC 9010.>>  RESOURCES AND SERVICES IN 
                          LANGUAGES OTHER THAN ENGLISH.

    (a) In General.--The Administrator shall provide the resources and 
services made available by the Administration to small business concerns 
in the 10 most commonly spoken languages, other than English, in the 
United States, which shall include Mandarin, Cantonese, Japanese, and 
Korean.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator $25,000,000 to carry out this section.
SEC. 1112. <<NOTE: 15 USC 9011.>>  SUBSIDY FOR CERTAIN LOAN 
                          PAYMENTS.

    (a) Definition of Covered Loan.--In this section, the term ``covered 
loan'' means a loan that is--
            (1) guaranteed by the Administration under--
                    (A) section 7(a) of the Small Business Act (15 
                U.S.C. 636(a))--
                          (i) including a loan made under the Community 
                      Advantage Pilot Program of the Administration; and
                          (ii) excluding a loan made under paragraph 
                      (36) of such section 7(a), as added by section 
                      1102; or
                    (B) title V of the Small Business Investment Act of 
                1958 (15 U.S.C. 695 et seq.); or
            (2) made by an intermediary to a small business concern 
        using loans or grants received under section 7(m) of the Small 
        Business Act (15 U.S.C. 636(m)).

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) all borrowers are adversely affected by COVID-19;
            (2) relief payments by the Administration are appropriate 
        for all borrowers; and
            (3) in addition to the relief provided under this Act, the 
        Administration should encourage lenders to provide payment 
        deferments, when appropriate, and to extend the maturity of 
        covered loans, so as to avoid balloon payments or any 
        requirement for increases in debt payments resulting from 
        deferments provided by lenders during the period of the national 
        emergency declared by the President under the National 
        Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the 
        Coronavirus Disease 2019 (COVID-19).

    (c) Principal and Interest Payments.--
            (1) <<NOTE: Time periods.>>  In general.--The Administrator 
        shall pay the principal, interest, and any associated fees that 
        are owed on a covered loan in a regular servicing status--
                    (A) with respect to a covered loan made before the 
                date of enactment of this Act and not on deferment, for 
                the 6-month period beginning with the next payment due 
                on the covered loan;
                    (B) with respect to a covered loan made before the 
                date of enactment of this Act and on deferment, for the 
                6-month period beginning with the next payment due on 
                the covered loan after the deferment period; and
                    (C) with respect to a covered loan made during the 
                period beginning on the date of enactment of this Act 
                and ending on the date that is 6 months after such date 
                of enactment, for the 6-month period beginning with the 
                first payment due on the covered loan.

[[Page 134 STAT. 310]]

            (2) <<NOTE: Deadline.>>  Timing of payment.--The 
        Administrator shall begin making payments under paragraph (1) on 
        a covered loan not later than 30 days after the date on which 
        the first such payment is due.
            (3) Application of payment.--Any payment made by the 
        Administrator under paragraph (1) shall be applied to the 
        covered loan such that the borrower is relieved of the 
        obligation to pay that amount.

    (d) <<NOTE: Coordination.>>  Other Requirements.--The Administrator 
shall--
            (1) communicate and coordinate with the Federal Deposit 
        Insurance Corporation, the Office of the Comptroller of the 
        Currency, and State bank regulators to encourage those entities 
        to not require lenders to increase their reserves on account of 
        receiving payments made by the Administrator under subsection 
        (c);
            (2) <<NOTE: Waiver authority. Time period.>>  waive 
        statutory limits on maximum loan maturities for any covered loan 
        durations where the lender provides a deferral and extends the 
        maturity of covered loans during the 1-year period following the 
        date of enactment of this Act; and
            (3) <<NOTE: Deadline.>>  when necessary to provide more time 
        because of the potential of higher volumes, travel restrictions, 
        and the inability to access some properties during the COVID-19 
        pandemic, extend lender site visit requirements to--
                    (A) not more than 60 days (which may be extended at 
                the discretion of the Administration) after the 
                occurrence of an adverse event, other than a payment 
                default, causing a loan to be classified as in 
                liquidation; and
                    (B) not more than 90 days after a payment default.

    (e) Rule of Construction.--Nothing in this section may be construed 
to limit the authority of the Administrator to make payments pursuant to 
subsection (c) with respect to a covered loan solely because the covered 
loan has been sold in the secondary market.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator $17,000,000,000 to carry out this 
section.
SEC. 1113. BANKRUPTCY.

    (a) Small Business Debtor Reorganization.--
            (1) In general.--Section 1182(1) of title 11, United States 
        Code, is amended to read as follows:
            ``(1) <<NOTE: Definition.>>  Debtor.--The term `debtor'--
                    ``(A) subject to subparagraph (B), means a person 
                engaged in commercial or business activities (including 
                any affiliate of such person that is also a debtor under 
                this title and excluding a person whose primary activity 
                is the business of owning single asset real estate) that 
                has aggregate noncontingent liquidated secured and 
                unsecured debts as of the date of the filing of the 
                petition or the date of the order for relief in an 
                amount not more than $7,500,000 (excluding debts owed to 
                1 or more affiliates or insiders) not less than 50 
                percent of which arose from the commercial or business 
                activities of the debtor; and
                    ``(B) does not include--
                          ``(i) any member of a group of affiliated 
                      debtors that has aggregate noncontingent 
                      liquidated secured

[[Page 134 STAT. 311]]

                      and unsecured debts in an amount greater than 
                      $7,500,000 (excluding debt owed to 1 or more 
                      affiliates or insiders);
                          ``(ii) any debtor that is a corporation 
                      subject to the reporting requirements under 
                      section 13 or 15(d) of the Securities Exchange Act 
                      of 1934 (15 U.S.C. 78m, 78o(d)); or
                          ``(iii) any debtor that is an affiliate of an 
                      issuer, as defined in section 3 of the Securities 
                      Exchange Act of 1934 (15 U.S.C. 78c).''.
            (2) Applicability of chapters.--Section 103(i) of title 11, 
        United States Code, is amended by striking ``small business 
        debtor'' and inserting ``debtor (as defined in section 1182)''.
            (3) <<NOTE: 11 USC 1182 note.>>  Application of amendment.--
        The amendment made by paragraph (1) shall apply only with 
        respect to cases commenced under title 11, United States Code, 
        on or after the date of enactment of this Act.
            (4) Technical corrections.--
                    (A) Definition of small business debtor.--Section 
                101(51D)(B)(iii) of title 11, United States Code, is 
                amended to read as follows:
                          ``(iii) any debtor that is an affiliate of an 
                      issuer (as defined in section 3 of the Securities 
                      Exchange Act of 1934 (15 U.S.C. 78c)).''.
                    (B) Unclaimed property.--Section 347(b) of title 11, 
                United States Code, is amended by striking ``1194'' and 
                inserting ``1191''.
            (5) <<NOTE: 11 USC 1182 note.>>  Sunset.--On the date that 
        is 1 year after the date of enactment of this Act, section 
        1182(1) of title 11, United States Code, is amended to read as 
        follows:
            ``(1) <<NOTE: Definition.>>  Debtor.--The term `debtor' 
        means a small business debtor.''.

    (b) Bankruptcy Relief.--
            (1) In general.--
                    (A) Exclusion from current monthly income.--Section 
                101(10A)(B)(ii) of title 11, United States Code, is 
                amended--
                          (i) in subclause (III), by striking ``; and'' 
                      and inserting a semicolon;
                          (ii) in subclause (IV), by striking the period 
                      at the end and inserting ``; and''; and
                          (iii) by adding at the end the following:
                                    ``(V) Payments made under Federal 
                                law relating to the national emergency 
                                declared by the President under the 
                                National Emergencies Act (50 U.S.C. 1601 
                                et seq.) with respect to the coronavirus 
                                disease 2019 (COVID-19).''.
                    (B) Confirmation of plan.--Section 1325(b)(2) of 
                title 11, United States Code, is amended by inserting 
                ``payments made under Federal law relating to the 
                national emergency declared by the President under the 
                National Emergencies Act (50 U.S.C. 1601 et seq.) with 
                respect to the coronavirus disease 2019 (COVID-19),'' 
                after ``other than''.
                    (C) Modification of plan after confirmation.--
                Section 1329 of title 11, United States Code, is amended 
                by adding at end the following:

[[Page 134 STAT. 312]]

    ``(d)(1) Subject to paragraph (3), for a plan confirmed prior to the 
date of enactment of this subsection, the plan may be modified upon the 
request of the debtor if--
            ``(A) the debtor is experiencing or has experienced a 
        material financial hardship due, directly or indirectly, to the 
        coronavirus disease 2019 (COVID-19) pandemic; and
            ``(B) the modification is approved after notice and a 
        hearing.

    ``(2) <<NOTE: Time period.>>  A plan modified under paragraph (1) 
may not provide for payments over a period that expires more than 7 
years after the time that the first payment under the original confirmed 
plan was due.

    ``(3) Sections 1322(a), 1322(b), 1323(c), and the requirements of 
section 1325(a) shall apply to any modification under paragraph (1).''.
                    (D) Applicability.--
                          (i) <<NOTE: 11 USC 101 note.>>  The amendments 
                      made by subparagraphs (A) and (B) shall apply to 
                      any case commenced before, on, or after the date 
                      of enactment of this Act.
                          (ii) <<NOTE: 11 USC 1329 note.>>  The 
                      amendment made by subparagraph (C) shall apply to 
                      any case for which a plan has been confirmed under 
                      section 1325 of title 11, United States Code, 
                      before the date of enactment of this Act.
            (2) Sunset.--
                    (A) In general.--
                          (i) Exclusion from current monthly income.--
                      Section 101(10A)(B)(ii) of title 11, United States 
                      Code, is amended--
                                    (I) in subclause (III), by striking 
                                the semicolon at the end and inserting 
                                ``; and'';
                                    (II) in subclause (IV), by striking 
                                ``; and'' and inserting a period; and
                                    (III) by striking subclause (V).
                          (ii) Confirmation of plan.--Section 1325(b)(2) 
                      of title 11, United States Code, is amended by 
                      striking ``payments made under Federal law 
                      relating to the national emergency declared by the 
                      President under the National Emergencies Act (50 
                      U.S.C. 1601 et seq.) with respect to the 
                      coronavirus disease 2019 (COVID-19),''.
                          (iii) Modification of plan after 
                      confirmation.--Section 1329 of title 11, United 
                      States Code, is amended by striking subsection 
                      (d).
                    (B) <<NOTE: 11 USC 101 note.>>  Effective date.--The 
                amendments made by subparagraph (A) shall take effect on 
                the date that is 1 year after the date of enactment of 
                this Act.
SEC. 1114. <<NOTE: Deadline. 15 USC 9012.>>  EMERGENCY RULEMAKING 
                          AUTHORITY.

    Not later than 15 days after the date of enactment of this Act, the 
Administrator shall issue regulations to carry out this title and the 
amendments made by this title without regard to the notice requirements 
under section 553(b) of title 5, United States Code.

[[Page 134 STAT. 313]]

   TITLE II--ASSISTANCE FOR AMERICAN WORKERS, FAMILIES, AND BUSINESSES

 Subtitle A <<NOTE: Relief for Workers Affected by Coronavirus Act.>> --
Unemployment Insurance Provisions
SEC. 2101. <<NOTE: 15 USC 9001 note.>>  SHORT TITLE.

    This subtitle may be cited as the ``Relief for Workers Affected by 
Coronavirus Act''.
SEC. 2102. <<NOTE: 15 USC 9021.>>  PANDEMIC UNEMPLOYMENT 
                          ASSISTANCE.

    (a) Definitions.--In this section:
            (1) COVID-19.--The term ``COVID-19'' means the 2019 Novel 
        Coronavirus or 2019-nCoV.
            (2) COVID-19 public health emergency.--The term ``COVID-19 
        public health emergency'' means the public health emergency 
        declared by the Secretary of Health and Human Services on 
        January 27, 2020, with respect to the 2019 Novel Coronavirus.
            (3) Covered individual.--The term ``covered individual''--
                    (A) means an individual who--
                          (i) is not eligible for regular compensation 
                      or extended benefits under State or Federal law or 
                      pandemic emergency unemployment compensation under 
                      section 2107, including an individual who has 
                      exhausted all rights to regular unemployment or 
                      extended benefits under State or Federal law or 
                      pandemic emergency unemployment compensation under 
                      section 2107; and
                          (ii) provides self-certification that the 
                      individual--
                                    (I) is otherwise able to work and 
                                available for work within the meaning of 
                                applicable State law, except the 
                                individual is unemployed, partially 
                                unemployed, or unable or unavailable to 
                                work because--
                                            (aa) the individual has been 
                                        diagnosed with COVID-19 or is 
                                        experiencing symptoms of COVID-
                                        19 and seeking a medical 
                                        diagnosis;
                                            (bb) a member of the 
                                        individual's household has been 
                                        diagnosed with COVID-19;
                                            (cc) the individual is 
                                        providing care for a family 
                                        member or a member of the 
                                        individual's household who has 
                                        been diagnosed with COVID-19;
                                            (dd) a child or other person 
                                        in the household for which the 
                                        individual has primary 
                                        caregiving responsibility is 
                                        unable to attend school or 
                                        another facility that is closed 
                                        as a direct result of the COVID-
                                        19 public health emergency and 
                                        such school or facility care is 
                                        required for the individual to 
                                        work;
                                            (ee) the individual is 
                                        unable to reach the place of 
                                        employment because of a 
                                        quarantine imposed as a direct 
                                        result of the COVID-19 public 
                                        health emergency;

[[Page 134 STAT. 314]]

                                            (ff) the individual is 
                                        unable to reach the place of 
                                        employment because the 
                                        individual has been advised by a 
                                        health care provider to self-
                                        quarantine due to concerns 
                                        related to COVID-19;
                                            (gg) the individual was 
                                        scheduled to commence employment 
                                        and does not have a job or is 
                                        unable to reach the job as a 
                                        direct result of the COVID-19 
                                        public health emergency;
                                            (hh) the individual has 
                                        become the breadwinner or major 
                                        support for a household because 
                                        the head of the household has 
                                        died as a direct result of 
                                        COVID-19;
                                            (ii) the individual has to 
                                        quit his or her job as a direct 
                                        result of COVID-19;
                                            (jj) the individual's place 
                                        of employment is closed as a 
                                        direct result of the COVID-19 
                                        public health emergency; or
                                            (kk) the individual meets 
                                        any additional criteria 
                                        established by the Secretary for 
                                        unemployment assistance under 
                                        this section; or
                                    (II) is self-employed, is seeking 
                                part-time employment, does not have 
                                sufficient work history, or otherwise 
                                would not qualify for regular 
                                unemployment or extended benefits under 
                                State or Federal law or pandemic 
                                emergency unemployment compensation 
                                under section 2107 and meets the 
                                requirements of subclause (I); and
                    (B) does not include--
                          (i) an individual who has the ability to 
                      telework with pay; or
                          (ii) an individual who is receiving paid sick 
                      leave or other paid leave benefits, regardless of 
                      whether the individual meets a qualification 
                      described in items (aa) through (kk) of 
                      subparagraph (A)(i)(I).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (5) State.--The term ``State'' includes the District of 
        Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, 
        Guam, American Samoa, the Commonwealth of the Northern Mariana 
        Islands, the Federated States of Micronesia, the Republic of the 
        Marshall Islands, and the Republic of Palau.

    (b) Assistance for Unemployment as a Result of COVID-19.--Subject to 
subsection (c), the Secretary shall provide to any covered individual 
unemployment benefit assistance while such individual is unemployed, 
partially unemployed, or unable to work for the weeks of such 
unemployment with respect to which the individual is not entitled to any 
other unemployment compensation (as that term is defined in section 
85(b) of title 26, United States Code) or waiting period credit.
    (c) Applicability.--
            (1) In general.--Except as provided in paragraph (2), the 
        assistance authorized under subsection (b) shall be available to 
        a covered individual--
                    (A) <<NOTE: Time period.>>  for weeks of 
                unemployment, partial unemployment, or inability to work 
                caused by COVID-19--

[[Page 134 STAT. 315]]

                          (i) beginning on or after January 27, 2020; 
                      and
                          (ii) ending on or before December 31, 2020; 
                      and
                    (B) subject to subparagraph (A)(ii), as long as the 
                covered individual's unemployment, partial unemployment, 
                or inability to work caused by COVID-19 continues.
            (2) Limitation on duration of assistance.--The total number 
        of weeks for which a covered individual may receive assistance 
        under this section shall not exceed 39 weeks and such total 
        shall include any week for which the covered individual received 
        regular compensation or extended benefits under any Federal or 
        State law, except that if after the date of enactment of this 
        Act, the duration of extended benefits is extended, the 39-week 
        period described in this paragraph shall be extended by the 
        number of weeks that is equal to the number of weeks by which 
        the extended benefits were extended.
            (3) Assistance for unemployment before date of enactment.--
        The <<NOTE: Time period.>>  Secretary shall establish a process 
        for making assistance under this section available for weeks 
        beginning on or after January 27, 2020, and before the date of 
        enactment of this Act.

    (d) Amount of Assistance.--
            (1) In general.--The assistance authorized under subsection 
        (b) for a week of unemployment, partial unemployment, or 
        inability to work shall be--
                    (A)(i) the weekly benefit amount authorized under 
                the unemployment compensation law of the State where the 
                covered individual was employed, except that the amount 
                may not be less than the minimum weekly benefit amount 
                described in section 625.6 of title 20, Code of Federal 
                Regulations, or any successor thereto; and
                    (ii) the amount of Federal Pandemic Unemployment 
                Compensation under section 2104; and
                    (B) in the case of an increase of the weekly benefit 
                amount after the date of enactment of this Act, 
                increased in an amount equal to such increase.
            (2) Calculations of amounts for certain covered 
        individuals.--In the case of a covered individual who is self-
        employed, who lives in a territory described in subsection (c) 
        or (d) of section 625.6 of title 20, Code of Federal 
        Regulations, or who would not otherwise qualify for unemployment 
        compensation under State law, the assistance authorized under 
        subsection (b) for a week of unemployment shall be calculated in 
        accordance with section 625.6 of title 20, Code of Federal 
        Regulations, or any successor thereto, and shall be increased by 
        the amount of Federal Pandemic Unemployment Compensation under 
        section 2104.
            (3) Allowable methods of payment.--Any assistance provided 
        for in accordance with paragraph (1)(A)(ii) shall be payable 
        either--
                    (A) as an amount which is paid at the same time and 
                in the same manner as the assistance provided for in 
                paragraph (1)(A)(i) is payable for the week involved; or
                    (B) at the option of the State, by payments which 
                are made separately from, but on the same weekly basis 
                as, any assistance provided for in paragraph (1)(A)(i).

[[Page 134 STAT. 316]]

    (e) Waiver of State Requirement.--Notwithstanding State law, for 
purposes of assistance authorized under this section, compensation under 
this Act shall be made to an individual otherwise eligible for such 
compensation without any waiting period.
    (f) Agreements With States.--
            (1) In general.--The Secretary shall provide the assistance 
        authorized under subsection (b) through agreements with States 
        which, in the judgment of the Secretary, have an adequate system 
        for administering such assistance through existing State 
        agencies.
            (2) Payments to states.--There shall be paid to each State 
        which has entered into an agreement under this subsection an 
        amount equal to 100 percent of--
                    (A) the total amount of assistance provided by the 
                State pursuant to such agreement; and
                    (B) any additional administrative expenses incurred 
                by the State by reason of such agreement (as determined 
                by the Secretary), including any administrative expenses 
                necessary to facilitate processing of applications for 
                assistance under this section online or by telephone 
                rather than in-person.
            (3) <<NOTE: Reimbursement. Determination. Estimate.>>  Terms 
        of payments.--Sums payable to any State by reason of such 
        State's having an agreement under this subsection shall be 
        payable, either in advance or by way of reimbursement (as 
        determined by the Secretary), in such amounts as the Secretary 
        estimates the State will be entitled to receive under this 
        subsection for each calendar month, reduced or increased, as the 
        case may be, by any amount by which the Secretary finds that his 
        estimates for any prior calendar month were greater or less than 
        the amounts which should have been paid to the State. Such 
        estimates may be made on the basis of such statistical, 
        sampling, or other method as may be agreed upon by the Secretary 
        and the State agency of the State involved.

    (g) Funding.--
            (1) Assistance.--
                    (A) In general.--Funds in the extended unemployment 
                compensation account (as established by section 905(a) 
                of the Social Security Act (42 U.S.C. 1105(a)) of the 
                Unemployment Trust Fund (as established by section 
                904(a) of such Act (42 U.S.C. 1104(a)) shall be used to 
                make payments to States pursuant to subsection 
                (f)(2)(A).
                    (B) Transfer of funds.--Notwithstanding any other 
                provision of law, the Secretary of the Treasury shall 
                transfer from the general fund of the Treasury (from 
                funds not otherwise appropriated) to the extended 
                unemployment compensation account such sums as the 
                Secretary of Labor estimates to be necessary to make 
                payments described in subparagraph (A). There are 
                appropriated from the general fund of the Treasury, 
                without fiscal year limitation, the sums referred to in 
                the preceding sentence and such sums shall not be 
                required to be repaid.
            (2) Administrative expenses.--
                    (A) In general.--Funds in the employment security 
                administration account (as established by section 901(a) 
                of the Social Security Act (42 U.S.C. 1105(a)) of the 
                Unemployment Trust Fund (as established by section

[[Page 134 STAT. 317]]

                904(a) of such Act (42 U.S.C. 1104(a)) shall be used to 
                make payments to States pursuant to subsection 
                (f)(2)(B).
                    (B) Transfer of funds.--Notwithstanding any other 
                provision of law, the Secretary of the Treasury shall 
                transfer from the general fund of the Treasury (from 
                funds not otherwise appropriated) to the employment 
                security administration account such sums as the 
                Secretary of Labor estimates to be necessary to make 
                payments described in subparagraph (A). There are 
                appropriated from the general fund of the Treasury, 
                without fiscal year limitation, the sums referred to in 
                the preceding sentence and such sums shall not be 
                required to be repaid.
            (3) Certifications.--The Secretary of Labor shall from time 
        to time certify to the Secretary of the Treasury for payment to 
        each State the sums payable to such State under paragraphs (1) 
        and (2).

    (h) Relationship Between Pandemic Unemployment Assistance and 
Disaster Unemployment Assistance.--Except 
as <<NOTE: Applicability. Definitions.>>  otherwise provided in this 
section or to the extent there is a conflict between this section and 
section 625 of title 20, Code of Federal Regulations, such section 625 
shall apply to this section as if--
            (1) the term ``COVID-19 public health emergency'' were 
        substituted for the term ``major disaster'' each place it 
        appears in such section 625; and
            (2) the term ``pandemic'' were substituted for the term 
        ``disaster'' each place it appears in such section 625.
SEC. 2103. <<NOTE: 15 USC 9022.>>  EMERGENCY UNEMPLOYMENT RELIEF 
                          FOR GOVERNMENTAL ENTITIES AND NONPROFIT 
                          ORGANIZATIONS.

    (a) Flexibility in Paying Reimbursement.--The Secretary of Labor may 
issue clarifying guidance to allow States to interpret their State 
unemployment compensation laws in a manner that would provide maximum 
flexibility to reimbursing employers as it relates to timely payment and 
assessment of penalties and interest pursuant to such State laws.
    (b) Federal Funding.--Section 903 of the Social Security Act (42 
U.S.C. 1103) is amended by adding at the end the following:

    ``Transfers for Federal Reimbursement of State Unemployment Funds

    ``(i)(1)(A) In addition to any other amounts, the Secretary of Labor 
shall provide for the transfer of funds during the applicable period to 
the accounts of the States in the Unemployment Trust Fund, by transfer 
from amounts reserved for that purpose in the Federal unemployment 
account, in accordance with the succeeding provisions of this 
subsection.
    ``(B) The amount of funds transferred to the account of a State 
under subparagraph (A) during the applicable period shall, as determined 
by the Secretary of Labor, be equal to one-half of the amounts of 
compensation (as defined in section 3306(h) of the Internal Revenue Code 
of 1986) attributable under the State law to service to which section 
3309(a)(1) of such Code applies that were paid by the State for weeks of 
unemployment beginning and ending during such period. Such transfers 
shall be made at such times as the Secretary of Labor considers 
appropriate.
    ``(C) Notwithstanding any other law, funds transferred to the 
account of a State under subparagraph (A) shall be used exclusively

[[Page 134 STAT. 318]]

to reimburse governmental entities and other organizations described in 
section 3309(a)(2) of such Code for amounts paid (in lieu of 
contributions) into the State unemployment fund pursuant to such 
section.
    ``(D) <<NOTE: Definition. Time period.>>  For purposes of this 
paragraph, the term `applicable period' means the period beginning on 
March 13, 2020, and ending on December 31, 2020.

    ``(2)(A) Notwithstanding any other provision of law, the Secretary 
of the Treasury shall transfer from the general fund of the Treasury 
(from funds not otherwise appropriated) to the Federal unemployment 
account such sums as the Secretary of Labor estimates to be necessary 
for purposes of making the transfers described in paragraph (1).
    ``(B) There are appropriated from the general fund of the Treasury, 
without fiscal year limitation, the sums referred to in subparagraph (A) 
and such sums shall not be required to be repaid.''.
SEC. 2104. <<NOTE: 15 USC 9023.>>  EMERGENCY INCREASE IN 
                          UNEMPLOYMENT COMPENSATION BENEFITS.

    (a) Federal-State Agreements.--Any State which desires to do so may 
enter into and participate in an agreement under this section with the 
Secretary of Labor (in this section referred to as the 
``Secretary''). <<NOTE: Time period. Notification.>>  Any State which is 
a party to an agreement under this section may, upon providing 30 days' 
written notice to the Secretary, terminate such agreement.

    (b) Provisions of Agreement.--
            (1) Federal pandemic unemployment compensation.--Any 
        agreement under this section shall provide that the State agency 
        of the State will make payments of regular compensation to 
        individuals in amounts and to the extent that they would be 
        determined if the State law of the State were applied, with 
        respect to any week for which the individual is (disregarding 
        this section) otherwise entitled under the State law to receive 
        regular compensation, as if such State law had been modified in 
        a manner such that the amount of regular compensation (including 
        dependents' allowances) payable for any week shall be equal to--
                    (A) the amount determined under the State law 
                (before the application of this paragraph), plus
                    (B) an additional amount of $600 (in this section 
                referred to as ``Federal Pandemic Unemployment 
                Compensation'').
            (2) Allowable methods of payment.--Any Federal Pandemic 
        Unemployment Compensation provided for in accordance with 
        paragraph (1) shall be payable either--
                    (A) as an amount which is paid at the same time and 
                in the same manner as any regular compensation otherwise 
                payable for the week involved; or
                    (B) at the option of the State, by payments which 
                are made separately from, but on the same weekly basis 
                as, any regular compensation otherwise payable.

    (c) Nonreduction Rule.--
            (1) <<NOTE: Determination.>>  In general.--An agreement 
        under this section shall not apply (or shall cease to apply) 
        with respect to a State upon a determination by the Secretary 
        that the method governing the computation of regular 
        compensation under the State

[[Page 134 STAT. 319]]

        law of that State has been modified in a manner such that the 
        number of weeks (the maximum benefit entitlement), or the 
        average weekly benefit amount, of regular compensation which 
        will be payable during the period of the agreement (determined 
        disregarding any Federal Pandemic Unemployment Compensation) 
        will be less than the number of weeks, or the average weekly 
        benefit amount, of the average weekly benefit amount of regular 
        compensation which would otherwise have been payable during such 
        period under the State law, as in effect on January 1, 2020.
            (2) <<NOTE: Definition.>>  Maximum benefit entitlement.--In 
        paragraph (1), the term ``maximum benefit entitlement'' means 
        the amount of regular unemployment compensation payable to an 
        individual with respect to the individual's benefit year.

    (d) Payments to States.--
            (1) In general.--
                    (A) Full reimbursement.--There shall be paid to each 
                State which has entered into an agreement under this 
                section an amount equal to 100 percent of--
                          (i) the total amount of Federal Pandemic 
                      Unemployment Compensation paid to individuals by 
                      the State pursuant to such agreement; and
                          (ii) <<NOTE: Determination.>>  any additional 
                      administrative expenses incurred by the State by 
                      reason of such agreement (as determined by the 
                      Secretary).
                    
                (B) <<NOTE: Reimbursement. Determination. Estimate.>>  
                Terms of payments.--Sums payable to any State by reason 
                of such State's having an agreement under this section 
                shall be payable, either in advance or by way of 
                reimbursement (as determined by the Secretary), in such 
                amounts as the Secretary estimates the State will be 
                entitled to receive under this section for each calendar 
                month, reduced or increased, as the case may be, by any 
                amount by which the Secretary finds that his estimates 
                for any prior calendar month were greater or less than 
                the amounts which should have been paid to the State. 
                Such estimates may be made on the basis of such 
                statistical, sampling, or other method as may be agreed 
                upon by the Secretary and the State agency of the State 
                involved.
            (2) Certifications.--The Secretary shall from time to time 
        certify to the Secretary of the Treasury for payment to each 
        State the sums payable to such State under this section.
            (3) Appropriation.--There are appropriated from the general 
        fund of the Treasury, without fiscal year limitation, such sums 
        as may be necessary for purposes of this subsection.

    (e) <<NOTE: Time period.>>  Applicability.--An agreement entered 
into under this section shall apply to weeks of unemployment--
            (1) beginning after the date on which such agreement is 
        entered into; and
            (2) ending on or before July 31, 2020.

    (f) Fraud and Overpayments.--
            (1) In general.--If an individual knowingly has made, or 
        caused to be made by another, a false statement or 
        representation of a material fact, or knowingly has failed, or 
        caused another to fail, to disclose a material fact, and as a 
        result

[[Page 134 STAT. 320]]

        of such false statement or representation or of such 
        nondisclosure such individual has received an amount of Federal 
        Pandemic Unemployment Compensation to which such individual was 
        not entitled, such individual--
                    (A) shall be ineligible for further Federal Pandemic 
                Unemployment Compensation in accordance with the 
                provisions of the applicable State unemployment 
                compensation law relating to fraud in connection with a 
                claim for unemployment compensation; and
                    (B) shall be subject to prosecution under section 
                1001 of title 18, United States Code.
            (2) Repayment.--In the case of individuals who have received 
        amounts of Federal Pandemic Unemployment Compensation to which 
        they were not entitled, the State shall require such individuals 
        to repay the amounts of such Federal Pandemic Unemployment 
        Compensation to the State agency, except that the State agency 
        may waive such repayment if it determines that--
                    (A) the payment of such Federal Pandemic 
                Unemployment Compensation was without fault on the part 
                of any such individual; and
                    (B) such repayment would be contrary to equity and 
                good conscience.
            (3) Recovery by state agency.--
                    (A) <<NOTE: Time period.>>  In general.--The State 
                agency shall recover the amount to be repaid, or any 
                part thereof, by deductions from any Federal Pandemic 
                Unemployment Compensation payable to such individual or 
                from any unemployment compensation payable to such 
                individual under any State or Federal unemployment 
                compensation law administered by the State agency or 
                under any other State or Federal law administered by the 
                State agency which provides for the payment of any 
                assistance or allowance with respect to any week of 
                unemployment, during the 3-year period after the date 
                such individuals received the payment of the Federal 
                Pandemic Unemployment Compensation to which they were 
                not entitled, in accordance with the same procedures as 
                apply to the recovery of overpayments of regular 
                unemployment benefits paid by the State.
                    (B) <<NOTE: Determination. Notification.>>  
                Opportunity for hearing.--No repayment shall be 
                required, and no deduction shall be made, until a 
                determination has been made, notice thereof and an 
                opportunity for a fair hearing has been given to the 
                individual, and the determination has become final.
            (4) <<NOTE: Determination.>>  Review.--Any determination by 
        a State agency under this section shall be subject to review in 
        the same manner and to the same extent as determinations under 
        the State unemployment compensation law, and only in that manner 
        and to that extent.

    (g) Application to Other Unemployment Benefits.--Each agreement 
under this section shall include provisions to provide that the purposes 
of the preceding provisions of this section shall be applied with 
respect to unemployment benefits described in subsection (i)(2) to the 
same extent and in the same manner as if those benefits were regular 
compensation.
    (h) Disregard of Additional Compensation for Purposes of Medicaid 
and CHIP.--The monthly equivalent of any Federal

[[Page 134 STAT. 321]]

pandemic unemployment compensation paid to an individual under this 
section shall be disregarded when determining income for any purpose 
under the programs established under titles XIX and title XXI of the 
Social Security Act (42 U.S.C. 1396 et seq., 1397aa et seq.) .
    (i) Definitions.--For purposes of this section--
            (1) the terms ``compensation'', ``regular compensation'', 
        ``benefit year'', ``State'', ``State agency'', ``State law'', 
        and ``week'' have the respective meanings given such terms under 
        section 205 of the Federal-State Extended Unemployment 
        Compensation Act of 1970 (26 U.S.C. 3304 note); and
            (2) any reference to unemployment benefits described in this 
        paragraph shall be considered to refer to--
                    (A) extended compensation (as defined by section 205 
                of the Federal-State Extended Unemployment Compensation 
                Act of 1970);
                    (B) regular compensation (as defined by section 
                85(b) of the Internal Revenue Code of 1986) provided 
                under any program administered by a State under an 
                agreement with the Secretary;
                    (C) pandemic unemployment assistance under section 
                2102; and
                    (D) pandemic emergency unemployment compensation 
                under section 2107.
SEC. 2105. <<NOTE: 15 USC 9024.>>  TEMPORARY FULL FEDERAL FUNDING 
                          OF THE FIRST WEEK OF COMPENSABLE REGULAR 
                          UNEMPLOYMENT FOR STATES WITH NO WAITING 
                          WEEK.

    (a) Federal-State Agreements.--Any State which desires to do so may 
enter into and participate in an agreement under this section with the 
Secretary of Labor (in this section referred to as the 
``Secretary''). <<NOTE: Time period. Notice.>>  Any State which is a 
party to an agreement under this section may, upon providing 30 days' 
written notice to the Secretary, terminate such agreement.

    (b) Requirement That State Law Does Not Apply a Waiting Week.--A 
State is eligible to enter into an agreement under this section if the 
State law (including a waiver of State law) provides that compensation 
is paid to individuals for their first week of regular unemployment 
without a waiting week. <<NOTE: Determination.>>  An agreement under 
this section shall not apply (or shall cease to apply) with respect to a 
State upon a determination by the Secretary that the State law no longer 
meets the requirement under the preceding sentence.

    (c) <<NOTE: Determinations.>>  Payments to States.--
            (1) Full reimbursement.--There shall be paid to each State 
        which has entered into an agreement under this section an amount 
        equal to 100 percent of--
                    (A) the total amount of regular compensation paid to 
                individuals by the State for their first week of regular 
                unemployment; and
                    (B) any additional administrative expenses incurred 
                by the State by reason of such agreement (as determined 
                by the Secretary).
            (2) Terms of payments.--Sums payable to any State by reason 
        of such State's having an agreement under this section shall be 
        payable, either in advance or by way of reimbursement (as 
        determined by the Secretary), in such amounts as the

[[Page 134 STAT. 322]]

        Secretary estimates the State will be entitled to receive under 
        this section for each calendar month, reduced or increased, as 
        the case may be, by any amount by which the Secretary finds that 
        his estimates for any prior calendar month were greater or less 
        than the amounts which should have been paid to the State. Such 
        estimates may be made on the basis of such statistical, 
        sampling, or other method as may be agreed upon by the Secretary 
        and the State agency of the State involved.

    (d) Funding.--
            (1) Compensation.--
                    (A) In general.--Funds in the Federal unemployment 
                account (as established by section 905(g)) of the 
                Unemployment Trust Fund (as established by section 
                904(a)) shall be used to make payments under subsection 
                (c)(1)(A).
                    (B) Transfer of funds.--Notwithstanding any other 
                provision of law, the Secretary of the Treasury shall 
                transfer from the general fund of the Treasury (from 
                funds not otherwise appropriated) to the Federal 
                unemployment account such sums as the Secretary of Labor 
                estimates to be necessary to make payments described in 
                subparagraph (A). There are appropriated from the 
                general fund of the Treasury, without fiscal year 
                limitation, the sums referred to in the preceding 
                sentence and such sums shall not be required to be 
                repaid.
            (2) Administrative expenses.--
                    (A) In general.--Funds in the employment security 
                administration account (as established by section 901(a) 
                of the Social Security Act (42 U.S.C. 1105(a)) of the 
                Unemployment Trust Fund (as established by section 
                904(a) of such Act (42 U.S.C. 1104(a)) shall be used to 
                make payments to States pursuant to subsection 
                (c)(1)(B).
                    (B) Transfer of funds.--Notwithstanding any other 
                provision of law, the Secretary of the Treasury shall 
                transfer from the general fund of the Treasury (from 
                funds not otherwise appropriated) to the employment 
                security administration account such sums as the 
                Secretary of Labor estimates to be necessary to make 
                payments described in subparagraph (A). There are 
                appropriated from the general fund of the Treasury, 
                without fiscal year limitation, the sums referred to in 
                the preceding sentence and such sums shall not be 
                required to be repaid.
            (3) Certifications.--The Secretary shall from time to time 
        certify to the Secretary of the Treasury for payment to each 
        State the sums payable to such State under this section.

    (e) <<NOTE: Time period.>>  Applicability.--An agreement entered 
into under this section shall apply to weeks of unemployment--
            (1) beginning after the date on which such agreement is 
        entered into; and
            (2) ending on or before December 31, 2020.

    (f) <<NOTE: Applicability.>>  Fraud and Overpayments.--The 
provisions of section 2107(e) shall apply with respect to compensation 
paid under an agreement under this section to the same extent and in the 
same manner as in the case of pandemic emergency unemployment 
compensation under such section.

    (g) Definitions.--For purposes of this section, the terms ``regular 
compensation'', ``State'', ``State agency'', ``State law'', and ``week''

[[Page 134 STAT. 323]]

have the respective meanings given such terms under section 205 of the 
Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 
3304 note).
SEC. 2106. EMERGENCY STATE STAFFING FLEXIBILITY.

    Section 4102(b) of the Emergency Unemployment Stabilization and 
Access Act of 2020 (contained in division D of the Families First 
Coronavirus Response Act) <<NOTE: Ante, p. 194.>>  is amended--
            (1) by striking ``or employer experience rating'' and 
        inserting ``employer experience rating, or, subject to the 
        succeeding sentence, personnel standards on a merit basis''; and
            (2) <<NOTE: Termination date.>>  by adding at the end the 
        following new sentence: ``The emergency flexibility for 
        personnel standards on a merit basis shall only apply through 
        December 31, 2020, and is limited to engaging of temporary 
        staff, rehiring of retirees or former employees on a non-
        competitive basis, and other temporary actions to quickly 
        process applications and claims.''.
SEC. 2107. <<NOTE: 15 USC 9025.>>  PANDEMIC EMERGENCY UNEMPLOYMENT 
                          COMPENSATION.

    (a) Federal-State Agreements.--
            (1) In general.--Any State which desires to do so may enter 
        into and participate in an agreement under this section with the 
        Secretary of Labor (in this section referred to as the 
        ``Secretary''). <<NOTE: Time period. Notification.>>  Any State 
        which is a party to an agreement under this section may, upon 
        providing 30 days' written notice to the Secretary, terminate 
        such agreement.
            (2) Provisions of agreement.--Any agreement under paragraph 
        (1) shall provide that the State agency of the State will make 
        payments of pandemic emergency unemployment compensation to 
        individuals who--
                    (A) have exhausted all rights to regular 
                compensation under the State law or under Federal law 
                with respect to a benefit year (excluding any benefit 
                year that ended before July1, 2019);
                    (B) have no rights to regular compensation with 
                respect to a week under such law or any other State 
                unemployment compensation law or to compensation under 
                any other Federal law;
                    (C) are not receiving compensation with respect to 
                such week under the unemployment compensation law of 
                Canada; and
                    (D) are able to work, available to work, and 
                actively seeking work.
            (3) Exhaustion of benefits.--For purposes of paragraph 
        (2)(A), an individual shall be deemed to have exhausted such 
        individual's rights to regular compensation under a State law 
        when--
                    (A) no payments of regular compensation can be made 
                under such law because such individual has received all 
                regular compensation available to such individual based 
                on employment or wages during such individual's base 
                period; or
                    (B) such individual's rights to such compensation 
                have been terminated by reason of the expiration of the 
                benefit year with respect to which such rights existed.
            (4) Weekly benefit amount, etc.--For purposes of any 
        agreement under this section--

[[Page 134 STAT. 324]]

                    (A) the amount of pandemic emergency unemployment 
                compensation which shall be payable to any individual 
                for any week of total unemployment shall be equal to--
                          (i) the amount of the regular compensation 
                      (including dependents' allowances) payable to such 
                      individual during such individual's benefit year 
                      under the State law for a week of total 
                      unemployment; and
                          (ii) the amount of Federal Pandemic 
                      Unemployment Compensation under section 2104;
                    (B) the terms and conditions of the State law which 
                apply to claims for regular compensation and to the 
                payment thereof (including terms and conditions relating 
                to availability for work, active search for work, and 
                refusal to accept work) shall apply to claims for 
                pandemic emergency unemployment compensation and the 
                payment thereof, except where otherwise inconsistent 
                with the provisions of this section or with the 
                regulations or operating instructions of the Secretary 
                promulgated to carry out this section;
                    (C) the maximum amount of pandemic emergency 
                unemployment compensation payable to any individual for 
                whom an pandemic emergency unemployment compensation 
                account is established under subsection (b) shall not 
                exceed the amount established in such account for such 
                individual; and
                    (D) the allowable methods of payment under section 
                2104(b)(2) shall apply to payments of amounts described 
                in subparagraph (A)(ii).
            (5) <<NOTE: Applicability. Determination.>>  Coordination 
        rule.--An agreement under this section shall apply with respect 
        to a State only upon a determination by the Secretary that, 
        under the State law or other applicable rules of such State, the 
        payment of extended compensation for which an individual is 
        otherwise eligible must be deferred until after the payment of 
        any pandemic emergency unemployment compensation under 
        subsection (b) for which the individual is concurrently 
        eligible.
            (6) Nonreduction rule.--
                    (A) <<NOTE: Determination.>>  In general.--An 
                agreement under this section shall not apply (or shall 
                cease to apply) with respect to a State upon a 
                determination by the Secretary that the method governing 
                the computation of regular compensation under the State 
                law of that State has been modified in a manner such 
                that the number of weeks (the maximum benefit 
                entitlement), or the average weekly benefit amount, of 
                regular compensation which will be payable during the 
                period of the agreement will be less than the number of 
                weeks, or the average weekly benefit amount, of the 
                average weekly benefit amount of regular compensation 
                which would otherwise have been payable during such 
                period under the State law, as in effect on January 1, 
                2020.
                    (B) <<NOTE: Definition.>>  Maximum benefit 
                entitlement.--In subparagraph (A), the term ``maximum 
                benefit entitlement'' means the amount of regular 
                unemployment compensation payable to an individual with 
                respect to the individual's benefit year.
            (7) Actively seeking work.--

[[Page 134 STAT. 325]]

                    (A) <<NOTE: Definition.>>  In general.--Subject to 
                subparagraph (C), for purposes of paragraph (2)(D), the 
                term ``actively seeking work'' means, with respect to 
                any individual, that such individual--
                          (i) is registered for employment services in 
                      such a manner and to such extent as prescribed by 
                      the State agency;
                          (ii) has engaged in an active search for 
                      employment that is appropriate in light of the 
                      employment available in the labor market, the 
                      individual's skills and capabilities, and includes 
                      a number of employer contacts that is consistent 
                      with the standards communicated to the individual 
                      by the State;
                          (iii) has maintained a record of such work 
                      search, including employers contacted, method of 
                      contact, and date contacted; and
                          (iv) when requested, has provided such work 
                      search record to the State agency.
                    (B) Flexibility.--Notwithstanding the requirements 
                under subparagraph (A) and paragraph (2)(D), a State 
                shall provide flexibility in meeting such requirements 
                in case of individuals unable to search for work because 
                of COVID-19, including because of illness, quarantine, 
                or movement restriction.

    (b) Pandemic Emergency Unemployment Compensation Account.--
            (1) In general.--Any agreement under this section shall 
        provide that the State will establish, for each eligible 
        individual who files an application for pandemic emergency 
        unemployment compensation, an pandemic emergency unemployment 
        compensation account with respect to such individual's benefit 
        year.
            (2) Amount in account.--The amount established in an account 
        under subsection (a) shall be equal to 13 times the individual's 
        average weekly benefit amount, which includes the amount of 
        Federal Pandemic Unemployment Compensation under section 2104, 
        for the benefit year.
            (3) Weekly benefit amount.--For purposes of this subsection, 
        an individual's weekly benefit amount for any week is the amount 
        of regular compensation (including dependents' allowances) under 
        the State law payable to such individual for such week for total 
        unemployment plus the amount of Federal Pandemic Unemployment 
        Compensation under section 2104.

    (c) Payments to States Having Agreements for the Payment of Pandemic 
Emergency Unemployment Compensation.--
            (1) In general.--There shall be paid to each State that has 
        entered into an agreement under this section an amount equal to 
        100 percent of the pandemic emergency unemployment compensation 
        paid to individuals by the State pursuant to such agreement.
            (2) Treatment of reimbursable compensation.--No payment 
        shall be made to any State under this section in respect of any 
        compensation to the extent the State is entitled to 
        reimbursement in respect of such compensation under the 
        provisions of any Federal law other than this section or chapter 
        85 of title 5, United States Code. A State shall not be entitled 
        to any reimbursement under such chapter 85 in respect of

[[Page 134 STAT. 326]]

        any compensation to the extent the State is entitled to 
        reimbursement under this section in respect of such 
        compensation.
            (3) <<NOTE: Reimbursement. Estimate.>>  Determination of 
        amount.--Sums payable to any State by reason of such State 
        having an agreement under this section shall be payable, either 
        in advance or by way of reimbursement (as may be determined by 
        the Secretary), in such amounts as the Secretary estimates the 
        State will be entitled to receive under this section for each 
        calendar month, reduced or increased, as the case may be, by any 
        amount by which the Secretary finds that the Secretary's 
        estimates for any prior calendar month were greater or less than 
        the amounts which should have been paid to the State. Such 
        estimates may be made on the basis of such statistical, 
        sampling, or other method as may be agreed upon by the Secretary 
        and the State agency of the State involved.

    (d) Financing Provisions.--
            (1) Compensation.--
                    (A) In general.--Funds in the extended unemployment 
                compensation account (as established by section 905(a) 
                of the Social Security Act (42 U.S.C. 1105(a)) of the 
                Unemployment Trust Fund (as established by section 
                904(a) of such Act (42 U.S.C. 1104(a)) shall be used for 
                the making of payments to States having agreements 
                entered into under this section.
                    (B) Transfer of funds.--Notwithstanding any other 
                provision of law, the Secretary of the Treasury shall 
                transfer from the general fund of the Treasury (from 
                funds not otherwise appropriated) to the extended 
                unemployment compensation account such sums as the 
                Secretary of Labor estimates to be necessary to make 
                payments described in subparagraph (A). There are 
                appropriated from the general fund of the Treasury, 
                without fiscal year limitation, the sums referred to in 
                the preceding sentence and such sums shall not be 
                required to be repaid.
            (2) Administration.--
                    (A) In general.--There are appropriated out of the 
                employment security administration account (as 
                established by section 901(a) of the Social Security Act 
                (42 U.S.C. 1101(a)) of the Unemployment Trust Fund, 
                without fiscal year limitation, such funds as may be 
                necessary for purposes of assisting States (as provided 
                in title III of the Social Security Act (42 U.S.C. 501 
                et seq.)) in meeting the costs of administration of 
                agreements under this section.
                    (B) Transfer of funds.--Notwithstanding any other 
                provision of law, the Secretary of the Treasury shall 
                transfer from the general fund of the Treasury (from 
                funds not otherwise appropriated) to the employment 
                security administration account such sums as the 
                Secretary of Labor estimates to be necessary to make 
                payments described in subparagraph (A). There are 
                appropriated from the general fund of the Treasury, 
                without fiscal year limitation, the sums referred to in 
                the preceding sentence and such sums shall not be 
                required to be repaid.
            (3) Certification.--The Secretary shall from time to time 
        certify to the Secretary of the Treasury for payment to each

[[Page 134 STAT. 327]]

        State the sums payable to such State under this subsection. The 
        Secretary of the Treasury, prior to audit or settlement by the 
        Government Accountability Office, shall make payments to the 
        State in accordance with such certification, by transfers from 
        the extended unemployment compensation account (as so 
        established) to the account of such State in the Unemployment 
        Trust Fund (as so established).

    (e) Fraud and Overpayments.--
            (1) In general.--If an individual knowingly has made, or 
        caused to be made by another, a false statement or 
        representation of a material fact, or knowingly has failed, or 
        caused another to fail, to disclose a material fact, and as a 
        result of such false statement or representation or of such 
        nondisclosure such individual has received an amount of pandemic 
        emergency unemployment compensation under this section to which 
        such individual was not entitled, such individual--
                    (A) shall be ineligible for further pandemic 
                emergency unemployment compensation under this section 
                in accordance with the provisions of the applicable 
                State unemployment compensation law relating to fraud in 
                connection with a claim for unemployment compensation; 
                and
                    (B) shall be subject to prosecution under section 
                1001 of title 18, United States Code.
            (2) <<NOTE: Waiver authority. Determination.>>  Repayment.--
        In the case of individuals who have received amounts of pandemic 
        emergency unemployment compensation under this section to which 
        they were not entitled, the State shall require such individuals 
        to repay the amounts of such pandemic emergency unemployment 
        compensation to the State agency, except that the State agency 
        may waive such repayment if it determines that--
                    (A) the payment of such pandemic emergency 
                unemployment compensation was without fault on the part 
                of any such individual; and
                    (B) such repayment would be contrary to equity and 
                good conscience.
            (3) Recovery by state agency.--
                    (A) <<NOTE: Time period.>>  In general.--The State 
                agency shall recover the amount to be repaid, or any 
                part thereof, by deductions from any pandemic emergency 
                unemployment compensation payable to such individual 
                under this section or from any unemployment compensation 
                payable to such individual under any State or Federal 
                unemployment compensation law administered by the State 
                agency or under any other State or Federal law 
                administered by the State agency which provides for the 
                payment of any assistance or allowance with respect to 
                any week of unemployment, during the 3-year period after 
                the date such individuals received the payment of the 
                pandemic emergency unemployment compensation to which 
                they were not entitled, in accordance with the same 
                procedures as apply to the recovery of overpayments of 
                regular unemployment benefits paid by the State.
                    (B) <<NOTE: Determination. Notification.>>  
                Opportunity for hearing.--No repayment shall be 
                required, and no deduction shall be made, until a 
                determination has been made, notice thereof and an 
                opportunity for a fair hearing has been given to the 
                individual, and the determination has become final.

[[Page 134 STAT. 328]]

            (4) Review.--Any determination by a State agency under this 
        section shall be subject to review in the same manner and to the 
        same extent as determinations under the State unemployment 
        compensation law, and only in that manner and to that extent.

    (f) Definitions.--In this section, the terms ``compensation'', 
``regular compensation'', ``extended compensation'', ``benefit year'', 
``base period'', ``State'', ``State agency'', ``State law'', and 
``week'' have the respective meanings given such terms under section 205 
of the Federal-State Extended Unemployment Compensation Act of 1970 (26 
U.S.C. 3304 note).
    (g) <<NOTE: Time period.>>  Applicability.--An agreement entered 
into under this section shall apply to weeks of unemployment--
            (1) beginning after the date on which such agreement is 
        entered into; and
            (2) ending on or before December 31, 2020.
SEC. 2108. <<NOTE: 15 USC 9026.>>  TEMPORARY FINANCING OF SHORT-
                          TIME COMPENSATION PAYMENTS IN STATES 
                          WITH PROGRAMS IN LAW.

    (a) Payments to States.--
            (1) In general.--Subject to paragraph (3), there shall be 
        paid to a State an amount equal to 100 percent of the amount of 
        short-time compensation paid under a short-time compensation 
        program (as defined in section 3306(v) of the Internal Revenue 
        Code of 1986) under the provisions of the State law.
            (2) <<NOTE: Reimbursement. Estimate.>>  Terms of payments.--
        Payments made to a State under paragraph (1) shall be payable by 
        way of reimbursement in such amounts as the Secretary estimates 
        the State will be entitled to receive under this section for 
        each calendar month, reduced or increased, as the case may be, 
        by any amount by which the Secretary finds that the Secretary's 
        estimates for any prior calendar month were greater or less than 
        the amounts which should have been paid to the State. Such 
        estimates may be made on the basis of such statistical, 
        sampling, or other method as may be agreed upon by the Secretary 
        and the State agency of the State involved.
            (3) Limitations on payments.--
                    (A) General payment limitations.--No payments shall 
                be made to a State under this section for short-time 
                compensation paid to an individual by the State during a 
                benefit year in excess of 26 times the amount of regular 
                compensation (including dependents' allowances) under 
                the State law payable to such individual for a week of 
                total unemployment.
                    (B) Employer limitations.--No payments shall be made 
                to a State under this section for benefits paid to an 
                individual by the State under a short-time compensation 
                program if such individual is employed by the 
                participating employer on a seasonal, temporary, or 
                intermittent basis.

    (b) <<NOTE: Time period.>>  Applicability.--Payments to a State 
under subsection (a) shall be available for weeks of unemployment--
            (1) beginning on or after the date of the enactment of this 
        Act; and
            (2) ending on or before December 31, 2020.

    (c) New Programs.--Subject to subsection (b)(2), if at any point 
after the date of the enactment of this Act the State enacts a State law 
providing for the payment of short-time compensation

[[Page 134 STAT. 329]]

under a short-time compensation program that meets the definition of 
such a program under section 3306(v) of the Internal Revenue Code of 
1986, the State shall be eligible for payments under this section after 
the effective date of such enactment.
    (d) Funding and Certifications.--
            (1) Funding.--There are appropriated, out of moneys in the 
        Treasury not otherwise appropriated, such sums as may be 
        necessary for purposes of carrying out this section.
            (2) Certifications.--The Secretary shall from time to time 
        certify to the Secretary of the Treasury for payment to each 
        State the sums payable to such State under this section.

    (e) Definitions.--In this section:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (2) State; state agency; state law.--The terms ``State'', 
        ``State agency'', and ``State law'' have the meanings given 
        those terms in section 205 of the Federal-State Extended 
        Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

    (f) Technical Correction to Definition.--Section 3306(v)(6) of the 
Internal Revenue Code of 1986 (26 U.S.C. 3306) is amended by striking 
``Workforce Investment Act of 1998'' and inserting ``Workforce 
Innovation and Opportunity Act''.
SEC. 2109. <<NOTE: 15 USC 9027.>>  TEMPORARY FINANCING OF SHORT-
                          TIME COMPENSATION AGREEMENTS.

    (a) Federal-State Agreements.--
            (1) In general.--Any State which desires to do so may enter 
        into, and participate in, an agreement under this section with 
        the Secretary provided that such State's law does not provide 
        for the payment of short-time compensation under a short-time 
        compensation program (as defined in section 3306(v) of the 
        Internal Revenue Code of 1986).
            (2) <<NOTE: Deadline. Notification.>>  Ability to 
        terminate.--Any State which is a party to an agreement under 
        this section may, upon providing 30 days' written notice to the 
        Secretary, terminate such agreement.

    (b) Provisions of Federal-State Agreement.--
            (1) In general.--Any agreement under this section shall 
        provide that the State agency of the State will make payments of 
        short-time compensation under a plan approved by the State. Such 
        plan shall provide that payments are made in accordance with the 
        requirements under section 3306(v) of the Internal Revenue Code 
        of 1986.
            (2) Limitations on plans.--
                    (A) General payment limitations.--A short-time 
                compensation plan approved by a State shall not permit 
                the payment of short-time compensation to an individual 
                by the State during a benefit year in excess of 26 times 
                the amount of regular compensation (including 
                dependents' allowances) under the State law payable to 
                such individual for a week of total unemployment.
                    (B) Employer limitations.--A short-time compensation 
                plan approved by a State shall not provide payments to 
                an individual if such individual is employed by the 
                participating employer on a seasonal, temporary, or 
                intermittent basis.
            (3) Employer payment of costs.--Any short-time compensation 
        plan entered into by an employer must provide that

[[Page 134 STAT. 330]]

        the employer will pay the State an amount equal to one-half of 
        the amount of short-time compensation paid under such plan. Such 
        amount shall be deposited in the State's unemployment fund and 
        shall not be used for purposes of calculating an employer's 
        contribution rate under section 3303(a)(1) of the Internal 
        Revenue Code of 1986.

    (c) Payments to States.--
            (1) In general.--There shall be paid to each State with an 
        agreement under this section an amount equal to--
                    (A) one-half of the amount of short-time 
                compensation paid to individuals by the State pursuant 
                to such agreement; and
                    (B) any additional administrative expenses incurred 
                by the State by reason of such agreement (as determined 
                by the Secretary).
            (2) <<NOTE: Reimbursement. Estimate.>>  Terms of payments.--
        Payments made to a State under paragraph (1) shall be payable by 
        way of reimbursement in such amounts as the Secretary estimates 
        the State will be entitled to receive under this section for 
        each calendar month, reduced or increased, as the case may be, 
        by any amount by which the Secretary finds that the Secretary's 
        estimates for any prior calendar month were greater or less than 
        the amounts which should have been paid to the State. Such 
        estimates may be made on the basis of such statistical, 
        sampling, or other method as may be agreed upon by the Secretary 
        and the State agency of the State involved.
            (3) Funding.--There are appropriated, out of moneys in the 
        Treasury not otherwise appropriated, such sums as may be 
        necessary for purposes of carrying out this section.
            (4) Certifications.--The Secretary shall from time to time 
        certify to the Secretary of the Treasury for payment to each 
        State the sums payable to such State under this section.

    (d) <<NOTE: Time period.>>  Applicability.--An agreement entered 
into under this section shall apply to weeks of unemployment--
            (1) beginning on or after the date on which such agreement 
        is entered into; and
            (2) ending on or before December 31, 2020.

    (e) Special Rule.--If a State has entered into an agreement under 
this section and subsequently enacts a State law providing for the 
payment of short-time compensation under a short-time compensation 
program that meets the definition of such a program under section 
3306(v) of the Internal Revenue Code of 1986, the State--
            (1) shall not be eligible for payments under this section 
        for weeks of unemployment beginning after the effective date of 
        such State law; and
            (2) subject to section 2108(b)(2), shall be eligible to 
        receive payments under section 2108 after the effective date of 
        such State law.

    (f) Definitions.--In this section:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (2) State; state agency; state law.--The terms ``State'', 
        ``State agency'', and ``State law'' have the meanings given 
        those terms in section 205 of the Federal-State Extended 
        Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

[[Page 134 STAT. 331]]

SEC. 2110. <<NOTE: 15 USC 9028.>>  GRANTS FOR SHORT-TIME 
                          COMPENSATION PROGRAMS.

    (a) Grants.--
            (1) For implementation or improved administration.--The 
        Secretary shall award grants to States that enact short-time 
        compensation programs (as defined in subsection (i)(2)) for the 
        purpose of implementation or improved administration of such 
        programs.
            (2) For promotion and enrollment.--The Secretary shall award 
        grants to States that are eligible and submit plans for a grant 
        under paragraph (1) for such States to promote and enroll 
        employers in short-time compensation programs (as so defined).
            (3) Eligibility.--
                    (A) <<NOTE: Determination.>>  In general.--The 
                Secretary shall determine eligibility criteria for the 
                grants under paragraphs (1) and (2).
                    (B) Clarification.--A State administering a short-
                time compensation program that does not meet the 
                definition of a short-time compensation program under 
                section 3306(v) of the Internal Revenue Code of 1986, 
                and a State with an agreement under section 2109, shall 
                not be eligible to receive a grant under this section 
                until such time as the State law of the State provides 
                for payments under a short-time compensation program 
                that meets such definition and such law.

    (b) Amount of Grants.--
            (1) In general.--The maximum amount available for making 
        grants to a State under paragraphs (1) and (2) shall be equal to 
        the amount obtained by multiplying $100,000,000 (less the amount 
        used by the Secretary under subsection (e)) by the same ratio as 
        would apply under subsection (a)(2)(B) of section 903 of the 
        Social Security Act (42 U.S.C. 1103) for purposes of determining 
        such State's share of any excess amount (as described in 
        subsection (a)(1) of such section) that would have been subject 
        to transfer to State accounts, as of October 1, 2019, under the 
        provisions of subsection (a) of such section.
            (2) Amount available for different grants.--Of the maximum 
        incentive payment determined under paragraph (1) with respect to 
        a State--
                    (A) one-third shall be available for a grant under 
                subsection (a)(1); and
                    (B) two-thirds shall be available for a grant under 
                subsection (a)(2).

    (c) Grant Application and Disbursal.--
            (1) Application.--Any State seeking a grant under paragraph 
        (1) or (2) of subsection (a) shall submit an application to the 
        Secretary at such time, in such manner, and complete with such 
        information as the Secretary may require. In no case may the 
        Secretary award a grant under this section with respect to an 
        application that is submitted after December 31, 2023.
            (2) Notice.--The Secretary shall, within 30 days after 
        receiving a complete application, notify the State agency of the 
        State of the Secretary's findings with respect to the 
        requirements for a grant under paragraph (1) or (2) (or both) of 
        subsection (a).

[[Page 134 STAT. 332]]

            (3) Certification.--If the Secretary finds that the State 
        law provisions meet the requirements for a grant under 
        subsection (a), the Secretary shall thereupon make a 
        certification to that effect to the Secretary of the Treasury, 
        together with a certification as to the amount of the grant 
        payment to be transferred to the State account in the 
        Unemployment Trust Fund (as established in section 904(a) of the 
        Social Security Act (42 U.S.C. 1104(a))) pursuant to 
        that <<NOTE: Deadline.>>  finding. The Secretary of the Treasury 
        shall make the appropriate transfer to the State account within 
        7 days after receiving such certification.
            (4) Requirement.--No certification of compliance with the 
        requirements for a grant under paragraph (1) or (2) of 
        subsection (a) may be made with respect to any State whose--
                    (A) State law is not otherwise eligible for 
                certification under section 303 of the Social Security 
                Act (42 U.S.C. 503) or approvable under section 3304 of 
                the Internal Revenue Code of 1986; or
                    (B) <<NOTE: Deadline.>>  short-time compensation 
                program is subject to discontinuation or is not 
                scheduled to take effect within 12 months of the 
                certification.

    (d) Use of Funds.--The amount of any grant awarded under this 
section shall be used for the implementation of short-time compensation 
programs and the overall administration of such programs and the 
promotion and enrollment efforts associated with such programs, such as 
through--
            (1) the creation or support of rapid response teams to 
        advise employers about alternatives to layoffs;
            (2) <<NOTE: Assessment.>>  the provision of education or 
        assistance to employers to enable them to assess the feasibility 
        of participating in short-time compensation programs; and
            (3) the development or enhancement of systems to automate--
                    (A) the submission and approval of plans; and
                    (B) the filing and approval of new and ongoing 
                short-time compensation claims.

    (e) Administration.--The Secretary is authorized to use 0.25 percent 
of the funds available under subsection (g) to provide for outreach and 
to share best practices with respect to this section and short-time 
compensation programs.
    (f) <<NOTE: Determination. Time period.>>  Recoupment.--The 
Secretary shall establish a process under which the Secretary shall 
recoup the amount of any grant awarded under paragraph (1) or (2) of 
subsection (a) if the Secretary determines that, during the 5-year 
period beginning on the first date that any such grant is awarded to the 
State, the State--
            (1) terminated the State's short-time compensation program; 
        or
            (2) failed to meet appropriate requirements with respect to 
        such program (as established by the Secretary).

    (g) Funding.--There are appropriated, out of moneys in the Treasury 
not otherwise appropriated, to the Secretary, $100,000,000 to carry out 
this section, to remain available without fiscal year limitation.
    (h) Reporting.--The Secretary may establish reporting requirements 
for States receiving a grant under this section in order to provide 
oversight of grant funds.
    (i) Definitions.--In this section:

[[Page 134 STAT. 333]]

            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (2) Short-time compensation program.--The term ``short-time 
        compensation program'' has the meaning given such term in 
        section 3306(v) of the Internal Revenue Code of 1986.
            (3) State; state agency; state law.--The terms ``State'', 
        ``State agency'', and ``State law'' have the meanings given 
        those terms in section 205 of the Federal-State Extended 
        Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
SEC. 2111. <<NOTE: 15 USC 9029.>>  ASSISTANCE AND GUIDANCE IN 
                          IMPLEMENTING PROGRAMS.

    (a) In General.--In order to assist States in establishing, 
qualifying, and implementing short-time compensation programs (as 
defined in section 3306(v) of the Internal Revenue Code of 1986), the 
Secretary of Labor (in this section referred to as the ``Secretary'') 
shall--
            (1) develop model legislative language, or disseminate 
        existing model legislative language, which may be used by States 
        in developing and enacting such programs, and periodically 
        review and revise such model legislative language;
            (2) provide technical assistance and guidance in developing, 
        enacting, and implementing such programs; and
            (3) <<NOTE: Requirements.>>  establish reporting 
        requirements for States, including reporting on--
                    (A) the number of estimated averted layoffs;
                    (B) the number of participating employers and 
                workers; and
                    (C) such other items as the Secretary of Labor 
                determines are appropriate.

    (b) Model Language and Guidance.--The model language and guidance 
developed under subsection (a) shall allow sufficient flexibility by 
States and participating employers while ensuring accountability and 
program integrity.
    (c) Consultation.--In developing the model legislative language and 
guidance under subsection (a), and in order to meet the requirements of 
subsection (b), the Secretary shall consult with employers, labor 
organizations, State workforce agencies, and other program experts. 
Existing model legislative language that has been developed through such 
a consultative process shall be deemed to meet the consultation 
requirement of this subsection.
    (d) Repeal.--Section 4104 of the Emergency Unemployment 
Stabilization and Access Act of 2020 (contained in division D of the 
Families First Coronavirus Response Act) <<NOTE: Ante, p. 194.>>  is 
repealed.
SEC. 2112. <<NOTE: 15 USC 9030.>>  WAIVER OF THE 7-DAY WAITING 
                          PERIOD FOR BENEFITS UNDER THE RAILROAD 
                          UNEMPLOYMENT INSURANCE ACT.

    (a) No Waiting Week.--With respect to any registration period 
beginning after the date of enactment of this Act and ending on or 
before December 31, 2020, subparagraphs (A)(ii) and (B)(ii) of section 
2(a)(1) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(1)) 
shall not apply.
    (b) Operating Instructions and Regulations.--The Railroad Retirement 
Board may prescribe any operating instructions or regulations necessary 
to carry out this section.
    (c) Funding.--Out of any funds in the Treasury not otherwise 
appropriated, there are appropriated $50,000,000 to cover the costs of 
additional benefits payable due to the application of subsection

[[Page 134 STAT. 334]]

(a). Upon the exhaustion of the funds appropriated under this 
subsection, subsection (a) shall no longer apply with respect to any 
registration period beginning after the date of exhaustion of funds.
    (d) Definition of Registration Period.--For purposes of this 
section, the term ``registration period'' has the meaning given such 
term under section 1 of the Railroad Unemployment Insurance Act (45 
U.S.C. 351).
SEC. 2113. ENHANCED BENEFITS UNDER THE RAILROAD UNEMPLOYMENT 
                          INSURANCE ACT.

    Section 2(a) of the Railroad Unemployment Insurance Act (45 U.S.C. 
Sec.  352(a)) is amended by adding at the end the following:
    ``(5)(A) <<NOTE: Time periods.>>  Notwithstanding paragraph (3), 
subsection (c)(1)(B), and any other limitation on total benefits in this 
Act, for registration periods beginning on or after April 1, 2020, but 
on or before July 31, 2020, a recovery benefit in the amount of $1,200 
shall be payable to a qualified employee with respect to any 
registration period in which the employee received unemployment benefits 
under paragraph (1)(A), and in any registration period in which the 
employee did not receive unemployment benefits due to the limitation in 
subsection (c)(1)(B) or due to reaching the maximum number of days of 
benefits in the benefit year beginning July 1, 2019, under subsection 
(c)(1)(A). No recovery benefits shall be payable under this section upon 
the exhaustion of the funds appropriated under subparagraph (B) for 
payment of benefits under this subparagraph.

    ``(B) Out of any funds in the Treasury not otherwise appropriated, 
there are appropriated $425,000,000 to cover the cost of recovery 
benefits provided under subparagraph (A), to remain available until 
expended.''.
SEC. 2114. EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD 
                          UNEMPLOYMENT INSURANCE ACT.

    (a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad Unemployment 
Insurance Act (45 U.S.C. 352(c)(2)(D)(iii) is amended--
            (1) by striking ``July 1, 2008'' and inserting ``July 1, 
        2019'';
            (2) by striking ``June 30, 2013'' and inserting ``June 30, 
        2020''; and
            (3) by striking ``December 31, 2013'' and inserting 
        ``December 31, 2020''.

    (b) <<NOTE: 45 USC 352 note.>>  Clarification on Authority To Use 
Funds.--Funds appropriated under either the first or second sentence of 
clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance 
Act shall be available to cover the cost of additional extended 
unemployment benefits provided under such section 2(c)(2)(D) by reason 
of the amendments made by subsection (a) as well as to cover the cost of 
such benefits provided under such section 2(c)(2)(D) as in effect on the 
day before the date of enactment of this Act.
SEC. 2115. <<NOTE: 15 USC 9031.>>  FUNDING FOR THE DOL OFFICE OF 
                          INSPECTOR GENERAL FOR OVERSIGHT OF 
                          UNEMPLOYMENT PROVISIONS.

    There are appropriated, out of moneys in the Treasury not otherwise 
appropriated, to the Office of the Inspector General of the Department 
of Labor, $25,000,000 to carry out audits, investigations, and other 
oversight activities authorized under the Inspector

[[Page 134 STAT. 335]]

General Act of 1978 (5 U.S.C. App.) that are related to the provisions 
of, and amendments made by, this subtitle, to remain available without 
fiscal year limitation.
SEC. 2116. <<NOTE: 15 USC 9032.>>  IMPLEMENTATION.

    (a) Non-application of the Paperwork Reduction Act.--Chapter 35 of 
title 44, United States Code (commonly referred to as the ``Paperwork 
Reduction Act of 1995''), shall not apply to the provisions of, and the 
amendments made by, this subtitle.
    (b) Operating Instructions or Other Guidance.--Notwithstanding any 
other provision of law, the Secretary of Labor may issue any operating 
instructions or other guidance necessary to carry out the provisions of, 
or the amendments made by, this subtitle.

           Subtitle B--Rebates and Other Individual Provisions

SEC. 2201. 2020 RECOVERY REBATES FOR INDIVIDUALS.

    (a) In General.--Subchapter B of chapter 65 of subtitle F of the 
Internal Revenue Code of 1986 is amended by inserting after section 6427 
the following new section:
``SEC. 6428. <<NOTE: 26 USC 6428.>>  2020 RECOVERY REBATES FOR 
                          INDIVIDUALS.

    ``(a) In General.--In the case of an eligible individual, there 
shall be allowed as a credit against the tax imposed by subtitle A for 
the first taxable year beginning in 2020 an amount equal to the sum of--
            ``(1) $1,200 ($2,400 in the case of eligible individuals 
        filing a joint return), plus
            ``(2) an amount equal to the product of $500 multiplied by 
        the number of qualifying children (within the meaning of section 
        24(c)) of the taxpayer.

    ``(b) Treatment of Credit.--The credit allowed by subsection (a) 
shall be treated as allowed by subpart C of part IV of subchapter A of 
chapter 1.
    ``(c) Limitation Based on Adjusted Gross Income.--The amount of the 
credit allowed by subsection (a) (determined without regard to this 
subsection and subsection (e)) shall be reduced (but not below zero) by 
5 percent of so much of the taxpayer's adjusted gross income as 
exceeds--
            ``(1) $150,000 in the case of a joint return,
            ``(2) $112,500 in the case of a head of household, and
            ``(3) $75,000 in the case of a taxpayer not described in 
        paragraph (1) or (2).

    ``(d) Eligible Individual.--For purposes of this section, the term 
`eligible individual' means any individual other than--
            ``(1) any nonresident alien individual,
            ``(2) any individual with respect to whom a deduction under 
        section 151 is allowable to another taxpayer for a taxable year 
        beginning in the calendar year in which the individual's taxable 
        year begins, and
            ``(3) an estate or trust.

    ``(e) Coordination With Advance Refunds of Credit.--
            ``(1) In general.--The amount of credit which would (but for 
        this paragraph) be allowable under this section shall be

[[Page 134 STAT. 336]]

        reduced (but not below zero) by the aggregate refunds and 
        credits made or allowed to the taxpayer under subsection (f). 
        Any failure to so reduce the credit shall be treated as arising 
        out of a mathematical or clerical error and assessed according 
        to section 6213(b)(1).
            ``(2) Joint returns.--In the case of a refund or credit made 
        or allowed under subsection (f) with respect to a joint return, 
        half of such refund or credit shall be treated as having been 
        made or allowed to each individual filing such return.

    ``(f) Advance Refunds and Credits.--
            ``(1) In general.--Subject to paragraph (5), each individual 
        who was an eligible individual for such individual's first 
        taxable year beginning in 2019 shall be treated as having made a 
        payment against the tax imposed by chapter 1 for such taxable 
        year in an amount equal to the advance refund amount for such 
        taxable year.
            ``(2) Advance refund amount.--For purposes of paragraph (1), 
        the advance refund amount is the amount that would have been 
        allowed as a credit under this section for such taxable year if 
        this section (other than subsection (e) and this subsection) had 
        applied to such taxable year.
            ``(3) Timing and manner of payments.--
                    ``(A) Timing.--The Secretary shall, subject to the 
                provisions of this title, refund or credit any 
                overpayment attributable to this section as rapidly as 
                possible. No refund or credit shall be made or allowed 
                under this subsection after December 31, 2020.
                    ``(B) Delivery of payments.--Notwithstanding any 
                other provision of law, the Secretary may certify and 
                disburse refunds payable under this subsection 
                electronically to any account to which the payee 
                authorized, on or after January 1, 2018, the delivery of 
                a refund of taxes under this title or of a Federal 
                payment (as defined in section 3332 of title 31, United 
                States Code).
                    ``(C) Waiver of certain rules.--Notwithstanding 
                section 3325 of title 31, United States Code, or any 
                other provision of law, with respect to any payment of a 
                refund under this subsection, a disbursing official in 
                the executive branch of the United States Government may 
                modify payment information received from an officer or 
                employee described in section 3325(a)(1)(B) of such 
                title for the purpose of facilitating the accurate and 
                efficient delivery of such payment. Except in cases of 
                fraud or reckless neglect, no liability under sections 
                3325, 3527, 3528, or 3529 of title 31, United States 
                Code, shall be imposed with respect to payments made 
                under this subparagraph.
            ``(4) No interest.--No interest shall be allowed on any 
        overpayment attributable to this section.
            ``(5) Alternate taxable year.--In the case of an individual 
        who, at the time of any determination made pursuant to paragraph 
        (3), has not filed a tax return for the year described in 
        paragraph (1), the Secretary may--
                    ``(A) apply such paragraph by substituting `2018' 
                for `2019', and
                    ``(B) if the individual has not filed a tax return 
                for such individual's first taxable year beginning in 
                2018, use

[[Page 134 STAT. 337]]

                information with respect to such individual for calendar 
                year 2019 provided in--
                          ``(i) Form SSA-1099, Social Security Benefit 
                      Statement, or
                          ``(ii) Form RRB-1099, Social Security 
                      Equivalent Benefit Statement.
            ``(6) <<NOTE: Deadline.>>  Notice to taxpayer.--Not later 
        than 15 days after the date on which the Secretary distributed 
        any payment to an eligible taxpayer pursuant to this subsection, 
        notice shall be sent by mail to such taxpayer's last known 
        address. Such notice shall indicate the method by which such 
        payment was made, the amount of such payment, and a phone number 
        for the appropriate point of contact at the Internal Revenue 
        Service to report any failure to receive such payment.

    ``(g) Identification Number Requirement.--
            ``(1) In general.--No credit shall be allowed under 
        subsection (a) to an eligible individual who does not include on 
        the return of tax for the taxable year--
                    ``(A) such individual's valid identification number,
                    ``(B) in the case of a joint return, the valid 
                identification number of such individual's spouse, and
                    ``(C) in the case of any qualifying child taken into 
                account under subsection (a)(2), the valid 
                identification number of such qualifying child.
            ``(2) Valid identification number.--
                    ``(A) In general.--For purposes of paragraph (1), 
                the term `valid identification number' means a social 
                security number (as such term is defined in section 
                24(h)(7)).
                    ``(B) Adoption taxpayer identification number.--For 
                purposes of paragraph (1)(C), in the case of a 
                qualifying child who is adopted or placed for adoption, 
                the term `valid identification number' shall include the 
                adoption taxpayer identification number of such child.
            ``(3) Special rule for members of the armed forces.--
        Paragraph (1)(B) shall not apply in the case where at least 1 
        spouse was a member of the Armed Forces of the United States at 
        any time during the taxable year and at least 1 spouse satisfies 
        paragraph (1)(A).
            ``(4) Mathematical or clerical error authority.--Any 
        omission of a correct valid identification number required under 
        this subsection shall be treated as a mathematical or clerical 
        error for purposes of applying section 6213(g)(2) to such 
        omission.

    ``(h) Regulations.--The Secretary shall prescribe such regulations 
or other guidance as may be necessary to carry out the purposes of this 
section, including any such measures as are deemed appropriate to avoid 
allowing multiple credits or rebates to a taxpayer.''.
    (b) Administrative Amendments.--
            (1) Definition of deficiency.--Section 6211(b)(4)(A) of the 
        Internal Revenue Code of 1986 <<NOTE: 26 USC 6211.>>  is amended 
        by striking ``and 36B, 168(k)(4)'' and inserting ``36B, and 
        6428''.
            (2) Mathematical or clerical error authority.--Section 
        6213(g)(2)(L) of such Code is amended by striking ``or 32'' and 
        inserting ``32, or 6428''.

    (c) <<NOTE: 26 USC 6428 note.>>  Treatment of Possessions.--
            (1) Payments to possessions.--

[[Page 134 STAT. 338]]

                    (A) Mirror code possession.--The Secretary of the 
                Treasury shall pay to each possession of the United 
                States which has a mirror code tax system amounts equal 
                to the loss (if any) to that possession by reason of the 
                amendments made by this 
                section. <<NOTE: Determination.>>  Such amounts shall be 
                determined by the Secretary of the Treasury based on 
                information provided by the government of the respective 
                possession.
                    (B) Other possessions.--The Secretary of the 
                Treasury shall pay to each possession of the United 
                States which does not have a mirror code tax system 
                amounts estimated by the Secretary of the Treasury as 
                being equal to the aggregate benefits (if any) that 
                would have been provided to residents of such possession 
                by reason of the amendments made by this section if a 
                mirror code tax system had been in effect in such 
                possession. The preceding sentence shall not apply 
                unless the respective possession has a plan, which has 
                been approved by the Secretary of the Treasury, under 
                which such possession will promptly distribute such 
                payments to its residents.
            (2) Coordination with credit allowed against united states 
        income taxes.--No credit shall be allowed against United States 
        income taxes under section 6428 of the Internal Revenue Code of 
        1986 (as added by this section) to any person--
                    (A) to whom a credit is allowed against taxes 
                imposed by the possession by reason of the amendments 
                made by this section, or
                    (B) who is eligible for a payment under a plan 
                described in paragraph (1)(B).
            (3) Definitions and special rules.--
                    (A) Possession of the united states.--For purposes 
                of this subsection, the term ``possession of the United 
                States'' includes the Commonwealth of Puerto Rico and 
                the Commonwealth of the Northern Mariana Islands.
                    (B) Mirror code tax system.--For purposes of this 
                subsection, the term ``mirror code tax system'' means, 
                with respect to any possession of the United States, the 
                income tax system of such possession if the income tax 
                liability of the residents of such possession under such 
                system is determined by reference to the income tax laws 
                of the United States as if such possession were the 
                United States.
                    (C) Treatment of payments.--For purposes of section 
                1324 of title 31, United States Code, the payments under 
                this subsection shall be treated in the same manner as a 
                refund due from a credit provision referred to in 
                subsection (b)(2) of such section.

    (d) <<NOTE: 26 USC 6428 note.>>  Exception From Reduction or 
Offset.--Any credit or refund allowed or made to any individual by 
reason of section 6428 of the Internal Revenue Code of 1986 (as added by 
this section) or by reason of subsection (c) of this section shall not 
be--
            (1) subject to reduction or offset pursuant to section 3716 
        or 3720A of title 31, United States Code,
            (2) subject to reduction or offset pursuant to subsection 
        (d), (e), or (f) of section 6402 of the Internal Revenue Code of 
        1986, or

[[Page 134 STAT. 339]]

            (3) reduced or offset by other assessed Federal taxes that 
        would otherwise be subject to levy or collection.

    (e) <<NOTE: Coordination. 26 USC 6428 note.>>  Public Awareness 
Campaign.--The Secretary of the Treasury (or the Secretary's delegate) 
shall conduct a public awareness campaign, in coordination with the 
Commissioner of Social Security and the heads of other relevant Federal 
agencies, to provide information regarding the availability of the 
credit and rebate allowed under section 6428 of the Internal Revenue 
Code of 1986 (as added by this section), including information with 
respect to individuals who may not have filed a tax return for taxable 
year 2018 or 2019.

    (f) Appropriations to Carry Out Rebates.--
            (1) In general.--Immediately upon the enactment of this Act, 
        the following sums are appropriated, out of any money in the 
        Treasury not otherwise appropriated, for the fiscal year ending 
        September 30, 2020:
                    (A) Department of the treasury.--
                          (i) For an additional amount for ``Department 
                      of the Treasury--Bureau of the Fiscal Service--
                      Salaries and Expenses'', $78,650,000, to remain 
                      available until September 30, 2021.
                          (ii) For an additional amount for ``Department 
                      of the Treasury--Internal Revenue Service--
                      Taxpayer Services'', $293,500,000, to remain 
                      available until September 30, 2021.
                          (iii) For an additional amount for 
                      ``Department of the Treasury--Internal Revenue 
                      Service--Operations Support'', $170,000,000, to 
                      remain available until September 30, 2021.
                          (iv) For an additional amount for ``Department 
                      of Treasury--Internal Revenue Service--
                      Enforcement'', $37,200,000, to remain available 
                      until September 30, 2021.
                Amounts made available in appropriations under clauses 
                (ii), (iii), and (iv) of this subparagraph may be 
                transferred between such appropriations upon the advance 
                notification of the Committees on Appropriations of the 
                House of Representatives and the Senate. Such transfer 
                authority is in addition to any other transfer authority 
                provided by law.
                    (B) Social security administration.--For an 
                additional amount for ``Social Security Administration--
                Limitation on Administrative Expenses'', $38,000,000, to 
                remain available until September 30, 2021.
            (2) <<NOTE: Plan.>>  Reports.--No later than 15 days after 
        enactment of this Act, the Secretary of the Treasury shall 
        submit a plan to the Committees on Appropriations of the House 
        of Representatives and the Senate detailing the expected use of 
        the funds provided by paragraph (1)(A). <<NOTE: Time period.>>  
        Beginning 90 days after enactment of this Act, the Secretary of 
        the Treasury shall submit a quarterly report to the Committees 
        on Appropriations of the House of Representatives and the Senate 
        detailing the actual expenditure of funds provided by paragraph 
        (1)(A) and the expected expenditure of such funds in the 
        subsequent quarter.

    (g) Conforming Amendments.--

[[Page 134 STAT. 340]]

            (1) Paragraph (2) of section 1324(b) of title 31, United 
        States Code, is amended by inserting ``6428,'' after 
        ``54B(h),''.
            (2) The table of sections for subchapter B of chapter 65 of 
        subtitle F of the Internal Revenue Code of 1986 <<NOTE: 26 USC 
        6411 prec.>>  is amended by inserting after the item relating to 
        section 6427 the following:

``Sec. 6428. 2020 Recovery Rebates for individuals.''.

SEC. 2202. <<NOTE: 26 USC 72 note.>>  SPECIAL RULES FOR USE OF 
                          RETIREMENT FUNDS.

    (a) Tax-favored Withdrawals From Retirement Plans.--
            (1) In general.--Section 72(t) of the Internal Revenue Code 
        of 1986 shall not apply to any coronavirus-related distribution.
            (2) Aggregate dollar limitation.--
                    (A) In general.--For purposes of this subsection, 
                the aggregate amount of distributions received by an 
                individual which may be treated as coronavirus-related 
                distributions for any taxable year shall not exceed 
                $100,000.
                    (B) Treatment of plan distributions.--If a 
                distribution to an individual would (without regard to 
                subparagraph (A)) be a coronavirus-related distribution, 
                a plan shall not be treated as violating any requirement 
                of the Internal Revenue Code of 1986 merely because the 
                plan treats such distribution as a coronavirus-related 
                distribution, unless the aggregate amount of such 
                distributions from all plans maintained by the employer 
                (and any member of any controlled group which includes 
                the employer) to such individual exceeds $100,000.
                    (C) <<NOTE: Definition.>>  Controlled group.--For 
                purposes of subparagraph (B), the term ``controlled 
                group'' means any group treated as a single employer 
                under subsection (b), (c), (m), or (o) of section 414 of 
                the Internal Revenue Code of 1986.
            (3) Amount distributed may be repaid.--
                    (A) <<NOTE: Time period.>>  In general.--Any 
                individual who receives a coronavirus-related 
                distribution may, at any time during the 3-year period 
                beginning on the day after the date on which such 
                distribution was received, make 1 or more contributions 
                in an aggregate amount not to exceed the amount of such 
                distribution to an eligible retirement plan of which 
                such individual is a beneficiary and to which a rollover 
                contribution of such distribution could be made under 
                section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 
                457(e)(16), of the Internal Revenue Code of 1986, as the 
                case may be.
                    (B) Treatment of repayments of distributions from 
                eligible retirement plans other <<NOTE: Deadline.>> than 
                iras.--For purposes of the Internal Revenue Code of 
                1986, if a contribution is made pursuant to subparagraph 
                (A) with respect to a coronavirus-related distribution 
                from an eligible retirement plan other than an 
                individual retirement plan, then the taxpayer shall, to 
                the extent of the amount of the contribution, be treated 
                as having received the coronavirus-related distribution 
                in an eligible rollover distribution (as defined in 
                section 402(c)(4) of such Code) and as having 
                transferred the amount to the eligible retirement plan 
                in a direct trustee to trustee transfer within 60 days 
                of the distribution.

[[Page 134 STAT. 341]]

                    (C) Treatment of repayments of distributions from 
                iras.--For <<NOTE: Deadline.>>  purposes of the Internal 
                Revenue Code of 1986, if a contribution is made pursuant 
                to subparagraph (A) with respect to a coronavirus-
                related distribution from an individual retirement plan 
                (as defined by section 7701(a)(37) of such Code), then, 
                to the extent of the amount of the contribution, the 
                coronavirus-related distribution shall be treated as a 
                distribution described in section 408(d)(3) of such Code 
                and as having been transferred to the eligible 
                retirement plan in a direct trustee to trustee transfer 
                within 60 days of the distribution.
            (4) Definitions.--For purposes of this subsection--
                    (A) Coronavirus-related distribution.--Except as 
                provided in paragraph (2), the term ``coronavirus-
                related distribution'' means any distribution from an 
                eligible retirement plan made--
                          (i) <<NOTE: Time period.>>  on or after 
                      January 1, 2020, and before December 31, 2020,
                          (ii) to an individual--
                                    (I) who is diagnosed with the virus 
                                SARS-CoV-2 or with coronavirus disease 
                                2019 (COVID-19) by a test approved by 
                                the Centers for Disease Control and 
                                Prevention,
                                    (II) whose spouse or dependent (as 
                                defined in section 152 of the Internal 
                                Revenue Code of 1986) is diagnosed with 
                                such virus or disease by such a test, or
                                    (III) who experiences adverse 
                                financial consequences as a result of 
                                being quarantined, being furloughed or 
                                laid off or having work hours reduced 
                                due to such virus or disease, being 
                                unable to work due to lack of child care 
                                due to such virus or disease, closing or 
                                reducing hours of a business owned or 
                                operated by the individual due to such 
                                virus or disease, or other factors as 
                                determined by the Secretary of the 
                                Treasury (or the Secretary's delegate).
                    (B) Employee certification.--The administrator of an 
                eligible retirement plan may rely on an employee's 
                certification that the employee satisfies the conditions 
                of subparagraph (A)(ii) in determining whether any 
                distribution is a coronavirus-related distribution.
                    (C) Eligible retirement plan.--The term ``eligible 
                retirement plan'' has the meaning given such term by 
                section 402(c)(8)(B) of the Internal Revenue Code of 
                1986.
            (5) Income inclusion spread over 3-year period.--
                    (A) <<NOTE: Time period.>>  In general.--In the case 
                of any coronavirus-related distribution, unless the 
                taxpayer elects not to have this paragraph apply for any 
                taxable year, any amount required to be included in 
                gross income for such taxable year shall be so included 
                ratably over the 3-taxable-year period beginning with 
                such taxable year.
                    (B) Special rule.--For purposes of subparagraph (A), 
                rules similar to the rules of subparagraph (E) of 
                section 408A(d)(3) of the Internal Revenue Code of 1986 
                shall apply.
            (6) Special rules.--

[[Page 134 STAT. 342]]

                    (A) Exemption of distributions from trustee to 
                trustee transfer and withholding rules.--For purposes of 
                sections 401(a)(31), 402(f), and 3405 of the Internal 
                Revenue Code of 1986, coronavirus-related distributions 
                shall not be treated as eligible rollover distributions.
                    (B) Coronavirus-related distributions treated as 
                meeting plan distribution requirements.--For purposes of 
                the Internal Revenue Code of 1986, a coronavirus-related 
                distribution shall be treated as meeting the 
                requirements of sections 401(k)(2)(B)(i), 
                403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A) of such 
                Code and section 8433(h)(1) of title 5, United States 
                Code.

    (b) Loans From Qualified Plans.--
            (1) <<NOTE: Time period.>>  Increase in limit on loans not 
        treated as distributions.--In the case of any loan from a 
        qualified employer plan (as defined under section 72(p)(4) of 
        the Internal Revenue Code of 1986) to a qualified individual 
        made during the 180-day period beginning on the date of the 
        enactment of this Act--
                    (A) clause (i) of section 72(p)(2)(A) of such Code 
                shall be applied by substituting ``$100,000'' for 
                ``$50,000'', and
                    (B) clause (ii) of such section shall be applied by 
                substituting ``the present value of the nonforfeitable 
                accrued benefit of the employee under the plan'' for 
                ``one-half of the present value of the nonforfeitable 
                accrued benefit of the employee under the plan''.
            (2) Delay of repayment.--In the case of a qualified 
        individual with an outstanding loan (on or after the date of the 
        enactment of this Act) from a qualified employer plan (as 
        defined in section 72(p)(4) of the Internal Revenue Code of 
        1986)--
                    (A) <<NOTE: Time period.>>  if the due date pursuant 
                to subparagraph (B) or (C) of section 72(p)(2) of such 
                Code for any repayment with respect to such loan occurs 
                during the period beginning on the date of the enactment 
                of this Act and ending on December 31, 2020, such due 
                date shall be delayed for 1 year,
                    (B) any subsequent repayments with respect to any 
                such loan shall be appropriately adjusted to reflect the 
                delay in the due date under subparagraph (A) and any 
                interest accruing during such delay, and
                    (C) in determining the 5-year period and the term of 
                a loan under subparagraph (B) or (C) of section 72(p)(2) 
                of such Code, the period described in subparagraph (A) 
                of this paragraph shall be disregarded.
            (3) <<NOTE: Definition.>>  Qualified individual.--For 
        purposes of this subsection, the term ``qualified individual'' 
        means any individual who is described in subsection 
        (a)(4)(A)(ii).

    (c) Provisions Relating to Plan Amendments.--
            (1) <<NOTE: Applicability.>>  In general.--If this 
        subsection applies to any amendment to any plan or annuity 
        contract--
                    (A) such plan or contract shall be treated as being 
                operated in accordance with the terms of the plan during 
                the period described in paragraph (2)(B)(i), and
                    (B) except as provided by the Secretary of the 
                Treasury (or the Secretary's delegate), such plan or 
                contract shall not fail to meet the requirements of 
                section 411(d)(6) of

[[Page 134 STAT. 343]]

                the Internal Revenue Code of 1986 and section 204(g) of 
                the Employee Retirement Income Security Act of 1974 by 
                reason of such amendment.
            (2) Amendments to which subsection applies.--
                    (A) In general.--This subsection shall apply to any 
                amendment to any plan or annuity contract which is 
                made--
                          (i) pursuant to any provision of this section, 
                      or pursuant to any regulation issued by the 
                      Secretary of the Treasury or the Secretary of 
                      Labor (or the delegate of either such Secretary) 
                      under any provision of this section, and
                          (ii) <<NOTE: Time period.>>  on or before the 
                      last day of the first plan year beginning on or 
                      after January 1, 2022, or such later date as the 
                      Secretary of the Treasury (or the Secretary's 
                      delegate) may prescribe.
                In the case of a governmental plan (as defined in 
                section 414(d) of the Internal Revenue Code of 1986), 
                clause (ii) shall be applied by substituting the date 
                which is 2 years after the date otherwise applied under 
                clause (ii).
                    (B) Conditions.--This subsection shall not apply to 
                any amendment unless--
                          (i) <<NOTE: Time period.>>  during the 
                      period--
                                    (I) beginning on the date that this 
                                section or the regulation described in 
                                subparagraph (A)(i) takes effect (or in 
                                the case of a plan or contract amendment 
                                not required by this section or such 
                                regulation, the effective date specified 
                                by the plan), and
                                    (II) ending on the date described in 
                                subparagraph (A)(ii) (or, if earlier, 
                                the date the plan or contract amendment 
                                is adopted),
                      the plan or contract is operated as if such plan 
                      or contract amendment were in effect, and
                          (ii) such plan or contract amendment applies 
                      retroactively for such period.
SEC. 2203. TEMPORARY WAIVER OF REQUIRED MINIMUM DISTRIBUTION RULES 
                          FOR CERTAIN RETIREMENT PLANS AND 
                          ACCOUNTS.

    (a) In General.--Section 401(a)(9) of the Internal Revenue Code of 
1986 <<NOTE: 26 USC 401.>>  is amended by adding at the end the 
following new subparagraph:
                    ``(I) Temporary waiver of minimum required 
                distribution.--
                          ``(i) In general.--The requirements of this 
                      paragraph shall not apply for calendar year 2020 
                      to--
                                    ``(I) a defined contribution plan 
                                which is described in this subsection or 
                                in section 403(a) or 403(b),
                                    ``(II) a defined contribution plan 
                                which is an eligible deferred 
                                compensation plan described in section 
                                457(b) but only if such plan is 
                                maintained by an employer described in 
                                section 457(e)(1)(A), or
                                    ``(III) an individual retirement 
                                plan.

[[Page 134 STAT. 344]]

                          ``(ii) <<NOTE: Applicability.>>  Special rule 
                      for required beginning dates in 2020.--Clause (i) 
                      shall apply to any distribution which is required 
                      to be made in calendar year 2020 by reason of--
                                    ``(I) a required beginning date 
                                occurring in such calendar year, and
                                    ``(II) such distribution not having 
                                been made before January 1, 2020.
                          ``(iii) Special rules regarding waiver 
                      period.--For purposes of this paragraph--
                                    ``(I) the required beginning date 
                                with respect to any individual shall be 
                                determined without regard to this 
                                subparagraph for purposes of applying 
                                this paragraph for calendar years after 
                                2020, and
                                    ``(II) if clause (ii) of 
                                subparagraph (B) applies, the 5-year 
                                period described in such clause shall be 
                                determined without regard to calendar 
                                year 2020.''.

    (b) Eligible Rollover Distributions.--Section 402(c)(4) of the 
Internal Revenue Code of 1986 <<NOTE: 26 USC 402.>>  is amended by 
striking ``2009'' each place it appears in the last sentence and 
inserting ``2020''.

    (c) <<NOTE: 26 USC 401 note.>>  Effective Dates.--
            (1) In general.--The amendments made by this section shall 
        apply for calendar years beginning after December 31, 2019.
            (2) Provisions relating to plan or contract amendments.--
                    (A) <<NOTE: Applicability.>>  In general.--If this 
                paragraph applies to any plan or contract amendment--
                          (i) such plan or contract shall not fail to be 
                      treated as being operated in accordance with the 
                      terms of the plan during the period described in 
                      subparagraph (B)(ii) solely because the plan 
                      operates in accordance with this section, and
                          (ii) except as provided by the Secretary of 
                      the Treasury (or the Secretary's delegate), such 
                      plan or contract shall not fail to meet the 
                      requirements of section 411(d)(6) of the Internal 
                      Revenue Code of 1986 and section 204(g) of the 
                      Employee Retirement Income Security Act of 1974 by 
                      reason of such amendment.
                    (B) Amendments to which paragraph applies.--
                          (i) In general.--This paragraph shall apply to 
                      any amendment to any plan or annuity contract 
                      which--
                                    (I) is made pursuant to the 
                                amendments made by this section, and
                                    (II) is made on or before the last 
                                day of the first plan year beginning on 
                                or after January 1, 2022.
                      In the case of a governmental plan, subclause (II) 
                      shall be applied by substituting ``2024'' for 
                      ``2022''.
                          (ii) <<NOTE: Time period.>>  Conditions.--This 
                      paragraph shall not apply to any amendment unless 
                      during the period beginning on the effective date 
                      of the amendment and ending on December 31, 2020, 
                      the plan or contract is operated as if such plan 
                      or contract amendment were in effect.

[[Page 134 STAT. 345]]

SEC. 2204. ALLOWANCE OF PARTIAL ABOVE THE LINE DEDUCTION FOR 
                          CHARITABLE CONTRIBUTIONS.

    (a) In General.--Section 62(a) of the Internal Revenue Code of 
1986 <<NOTE: 26 USC 62.>>  is amended by inserting after paragraph (21) 
the following new paragraph:
            ``(22) Charitable contributions.--In the case of taxable 
        years beginning in 2020, the amount (not to exceed $300) of 
        qualified charitable contributions made by an eligible 
        individual during the taxable year.''.

    (b) Definitions.--Section 62 of such Code is amended by adding at 
the end the following new subsection:
    ``(f) Definitions Relating to Qualified Charitable Contributions.--
For purposes of subsection (a)(22)--
            ``(1) Eligible individual.--The term `eligible individual' 
        means any individual who does not elect to itemize deductions.
            ``(2) Qualified charitable contributions.--The term 
        `qualified charitable contribution' means a charitable 
        contribution (as defined in section 170(c))--
                    ``(A) which is made in cash,
                    ``(B) for which a deduction is allowable under 
                section 170 (determined without regard to subsection (b) 
                thereof), and
                    ``(C) which is--
                          ``(i) made to an organization described in 
                      section 170(b)(1)(A), and
                          ``(ii) not--
                                    ``(I) to an organization described 
                                in section 509(a)(3), or
                                    ``(II) for the establishment of a 
                                new, or maintenance of an existing, 
                                donor advised fund (as defined in 
                                section 4966(d)(2)).
                      Such term shall not include any amount which is 
                      treated as a charitable contribution made in such 
                      taxable year by reason of subsection (b)(1)(G)(ii) 
                      or (d)(1) of section 170.''.

    (c) <<NOTE: 26 USC 62 note.>>  Effective Date.--The amendments made 
by this section shall apply to taxable years beginning after December 
31, 2019.
SEC. 2205. <<NOTE: 26 USC 170 note.>>  MODIFICATION OF LIMITATIONS 
                          ON CHARITABLE CONTRIBUTIONS DURING 2020.

    (a) Temporary Suspension of Limitations on Certain Cash 
Contributions.--
            (1) In general.--Except as otherwise provided in paragraph 
        (2), qualified contributions shall be disregarded in applying 
        subsections (b) and (d) of section 170 of the Internal Revenue 
        Code of 1986.
            (2) Treatment of excess contributions.--For purposes of 
        section 170 of the Internal Revenue Code of 1986--
                    (A) Individuals.--In the case of an individual--
                          (i) Limitation.--Any qualified contribution 
                      shall be allowed as a deduction only to the extent 
                      that the aggregate of such contributions does not 
                      exceed the excess of the taxpayer's contribution 
                      base (as defined in subparagraph (H) of section 
                      170(b)(1) of such Code) over the amount of all 
                      other charitable contributions allowed under 
                      section 170(b)(1) of such Code.

[[Page 134 STAT. 346]]

                          (ii) Carryover.--If the aggregate amount of 
                      qualified contributions made in the contribution 
                      year (within the meaning of section 170(d)(1) of 
                      such Code) exceeds the limitation of clause (i), 
                      such excess shall be added to the excess described 
                      in section 170(b)(1)(G)(ii).
                    (B) Corporations.--In the case of a corporation--
                          (i) Limitation.--Any qualified contribution 
                      shall be allowed as a deduction only to the extent 
                      that the aggregate of such contributions does not 
                      exceed the excess of 25 percent of the taxpayer's 
                      taxable income (as determined under paragraph (2) 
                      of section 170(b) of such Code) over the amount of 
                      all other charitable contributions allowed under 
                      such paragraph.
                          (ii) Carryover.--If the aggregate amount of 
                      qualified contributions made in the contribution 
                      year (within the meaning of section 170(d)(2) of 
                      such Code) exceeds the limitation of clause (i), 
                      such excess shall be appropriately taken into 
                      account under section 170(d)(2) subject to the 
                      limitations thereof.
            (3) Qualified contributions.--
                    (A) <<NOTE: Definition.>>  In general.--For purposes 
                of this subsection, the term ``qualified contribution'' 
                means any charitable contribution (as defined in section 
                170(c) of the Internal Revenue Code of 1986) if--
                          (i) such contribution is paid in cash during 
                      calendar year 2020 to an organization described in 
                      section 170(b)(1)(A) of such Code, and
                          (ii) the taxpayer has elected the application 
                      of this section with respect to such contribution.
                    (B) Exception.--Such term shall not include a 
                contribution by a donor if the contribution is--
                          (i) to an organization described in section 
                      509(a)(3) of the Internal Revenue Code of 1986, or
                          (ii) for the establishment of a new, or 
                      maintenance of an existing, donor advised fund (as 
                      defined in section 4966(d)(2) of such Code).
                    (C) Application of election to partnerships and s 
                corporations.--In the case of a partnership or S 
                corporation, the election under subparagraph (A)(ii) 
                shall be made separately by each partner or shareholder.

    (b) Increase in Limits on Contributions of Food Inventory.--In the 
case <<NOTE: Applicability.>>  of any charitable contribution of food 
during 2020 to which section 170(e)(3)(C) of the Internal Revenue Code 
of 1986 applies, subclauses (I) and (II) of clause (ii) thereof shall 
each be applied by substituting ``25 percent'' for ``15 percent.''

    (c) Effective Date.--This section shall apply to taxable years 
ending after December 31, 2019.
SEC. 2206. EXCLUSION FOR CERTAIN EMPLOYER PAYMENTS OF STUDENT 
                          LOANS.

    (a) In General.--Paragraph (1) of section 127(c) of the Internal 
Revenue Code of 1986 is amended by striking ``and'' at the end of 
subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), 
and by inserting after subparagraph (A) the following new subparagraph:

[[Page 134 STAT. 347]]

                    ``(B) in the case of payments made before January 1, 
                2021, the payment by an employer, whether paid to the 
                employee or to a lender, of principal or interest on any 
                qualified education loan (as defined in section 
                221(d)(1)) incurred by the employee for education of the 
                employee, and''.

    (b) Conforming Amendment; Denial of Double Benefit.--The first 
sentence of paragraph (1) of section 221(e) of the Internal Revenue Code 
of 1986 <<NOTE: 26 USC 221.>>  is amended by inserting before the period 
the following: ``, or for which an exclusion is allowable under section 
127 to the taxpayer by reason of the payment by the taxpayer's employer 
of any indebtedness on a qualified education loan of the taxpayer''.

    (c) <<NOTE: 26 USC 127 note.>>  Effective Date.--The amendments made 
by this section shall apply to payments made after the date of the 
enactment of this Act.

                     Subtitle C--Business Provisions

SEC. 2301. <<NOTE: 26 USC 3111 note.>>  EMPLOYEE RETENTION CREDIT 
                          FOR EMPLOYERS SUBJECT TO CLOSURE DUE TO 
                          COVID-19.

    (a) In General.--In the case of an eligible employer, there shall be 
allowed as a credit against applicable employment taxes for each 
calendar quarter an amount equal to 50 percent of the qualified wages 
with respect to each employee of such employer for such calendar 
quarter.
    (b) Limitations and Refundability.--
            (1) Wages taken into account.--The amount of qualified wages 
        with respect to any employee which may be taken into account 
        under subsection (a) by the eligible employer for all calendar 
        quarters shall not exceed $10,000.
            (2) Credit limited to employment taxes.--The credit allowed 
        by subsection (a) with respect to any calendar quarter shall not 
        exceed the applicable employment taxes (reduced by any credits 
        allowed under subsections (e) and (f) of section 3111 of the 
        Internal Revenue Code of 1986 and sections 7001 and 7003 of the 
        Families First Coronavirus Response Act) on the wages paid with 
        respect to the employment of all the employees of the eligible 
        employer for such calendar quarter.
            (3) Refundability of excess credit.--
                    (A) In general.--If the amount of the credit under 
                subsection (a) exceeds the limitation of paragraph (2) 
                for any calendar quarter, such excess shall be treated 
                as an overpayment that shall be refunded under sections 
                6402(a) and 6413(b) of the Internal Revenue Code of 
                1986.
                    (B) Treatment of payments.--For purposes of section 
                1324 of title 31, United States Code, any amounts due to 
                the employer under this paragraph shall be treated in 
                the same manner as a refund due from a credit provision 
                referred to in subsection (b)(2) of such section.

    (c) Definitions.--For purposes of this section--
            (1) Applicable employment taxes.--The term ``applicable 
        employment taxes'' means the following:
                    (A) The taxes imposed under section 3111(a) of the 
                Internal Revenue Code of 1986.

[[Page 134 STAT. 348]]

                    (B) So much of the taxes imposed under section 
                3221(a) of such Code as are attributable to the rate in 
                effect under section 3111(a) of such Code.
            (2) Eligible employer.--
                    (A) In general.--The term ``eligible employer'' 
                means any employer--
                          (i) which was carrying on a trade or business 
                      during calendar year 2020, and
                          (ii) with respect to any calendar quarter, for 
                      which--
                                    (I) the operation of the trade or 
                                business described in clause (i) is 
                                fully or partially suspended during the 
                                calendar quarter due to orders from an 
                                appropriate governmental authority 
                                limiting commerce, travel, or group 
                                meetings (for commercial, social, 
                                religious, or other purposes) due to the 
                                coronavirus disease 2019 (COVID-19), or
                                    (II) such calendar quarter is within 
                                the period described in subparagraph 
                                (B).
                    (B) <<NOTE: Time period.>>  Significant decline in 
                gross receipts.--The period described in this 
                subparagraph is the period--
                          (i) beginning with the first calendar quarter 
                      beginning after December 31, 2019, for which gross 
                      receipts (within the meaning of section 448(c) of 
                      the Internal Revenue Code of 1986) for the 
                      calendar quarter are less than 50 percent of gross 
                      receipts for the same calendar quarter in the 
                      prior year, and
                          (ii) ending with the calendar quarter 
                      following the first calendar quarter beginning 
                      after a calendar quarter described in clause (i) 
                      for which gross receipts of such employer are 
                      greater than 80 percent of gross receipts for the 
                      same calendar quarter in the prior year.
                    (C) <<NOTE: Applicability.>>  Tax-exempt 
                organizations.--In the case of an organization which is 
                described in section 501(c) of the Internal Revenue Code 
                of 1986 and exempt from tax under section 501(a) of such 
                Code, clauses (i) and (ii)(I) of subparagraph (A) shall 
                apply to all operations of such organization.
            (3) Qualified wages.--
                    (A) In general.--The term ``qualified wages'' 
                means--
                          (i) in the case of an eligible employer for 
                      which the average number of full-time employees 
                      (within the meaning of section 4980H of the 
                      Internal Revenue Code of 1986) employed by such 
                      eligible employer during 2019 was greater than 
                      100, wages paid by such eligible employer with 
                      respect to which an employee is not providing 
                      services due to circumstances described in 
                      subclause (I) or (II) of paragraph (2)(A)(ii), or
                          (ii) in the case of an eligible employer for 
                      which the average number of full-time employees 
                      (within the meaning of section 4980H of the 
                      Internal Revenue Code of 1986) employed by such 
                      eligible employer during 2019 was not greater than 
                      100--
                                    (I) with respect to an eligible 
                                employer described in subclause (I) of 
                                paragraph (2)(A)(ii),

[[Page 134 STAT. 349]]

                                wages paid by such eligible employer 
                                with respect to an employee during any 
                                period described in such clause, or
                                    (II) with respect to an eligible 
                                employer described in subclause (II) of 
                                such paragraph, wages paid by such 
                                eligible employer with respect to an 
                                employee during such quarter.
                Such term shall not include any wages taken into account 
                under section 7001 or section 7003 of the Families First 
                Coronavirus Response Act.
                    (B) Limitation.--Qualified wages paid or incurred by 
                an eligible employer described in subparagraph (A)(i) 
                with respect to an employee for any period described in 
                such subparagraph may not exceed the amount such 
                employee would have been paid for working an equivalent 
                duration during the 30 days immediately preceding such 
                period.
                    (C) Allowance for certain health plan expenses.--
                          (i) In general.--The term ``qualified wages'' 
                      shall include so much of the eligible employer's 
                      qualified health plan expenses as are properly 
                      allocable to such wages.
                          (ii) Qualified health plan expenses.--For 
                      purposes of this paragraph, the term ``qualified 
                      health plan expenses'' means amounts paid or 
                      incurred by the eligible employer to provide and 
                      maintain a group health plan (as defined in 
                      section 5000(b)(1) of the Internal Revenue Code of 
                      1986), but only to the extent that such amounts 
                      are excluded from the gross income of employees by 
                      reason of section 106(a) of such Code.
                          (iii) Allocation rules.--For purposes of this 
                      paragraph, qualified health plan expenses shall be 
                      allocated to qualified wages in such manner as the 
                      Secretary may prescribe. Except as otherwise 
                      provided by the Secretary, such allocation shall 
                      be treated as properly made if made on the basis 
                      of being pro rata among employees and pro rata on 
                      the basis of periods of coverage (relative to the 
                      periods to which such wages relate).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury or the Secretary's delegate.
            (5) Wages.--The term ``wages'' means wages (as defined in 
        section 3121(a) of the Internal Revenue Code of 1986) and 
        compensation (as defined in section 3231(e) of such Code).
            (6) Other terms.--Any term used in this section which is 
        also used in chapter 21 or 22 of the Internal Revenue Code of 
        1986 shall have the same meaning as when used in such chapter.

    (d) Aggregation Rule.--All persons treated as a single employer 
under subsection (a) or (b) of section 52 of the Internal Revenue Code 
of 1986, or subsection (m) or (o) of section 414 of such Code, shall be 
treated as one employer for purposes of this section.
    (e) Certain Rules to Apply.--For purposes of this section, rules 
similar to the rules of sections 51(i)(1) and 280C(a) of the Internal 
Revenue Code of 1986 shall apply.
    (f) Certain Governmental Employers.--This credit shall not apply to 
the Government of the United States, the government

[[Page 134 STAT. 350]]

of any State or political subdivision thereof, or any agency or 
instrumentality of any of the foregoing.
    (g) Election Not to Have Section Apply.--This section shall not 
apply with respect to any eligible employer for any calendar quarter if 
such employer elects (at such time and in such manner as the Secretary 
may prescribe) not to have this section apply.
    (h) Special Rules.--
            (1) Employee not taken into account more than once.--An 
        employee shall not be included for purposes of this section for 
        any period with respect to any employer if such employer is 
        allowed a credit under section 51 of the Internal Revenue Code 
        of 1986 with respect to such employee for such period.
            (2) Denial of double benefit.--Any wages taken into account 
        in determining the credit allowed under this section shall not 
        be taken into account for purposes of determining the credit 
        allowed under section 45S of such Code.
            (3) Third party payors.--Any credit allowed under this 
        section shall be treated as a credit described in section 
        3511(d)(2) of such Code.

    (i) Transfers to Federal Old-Age and Survivors Insurance Trust 
Fund.--There are hereby appropriated to the Federal Old-Age and 
Survivors Insurance Trust Fund and the Federal Disability Insurance 
Trust Fund established under section 201 of the Social Security Act (42 
U.S.C. 401) and the Social Security Equivalent Benefit Account 
established under section 15A(a) of the Railroad Retirement Act of 1974 
(45 U.S.C. 14 231n-1(a)) amounts equal to the reduction in revenues to 
the Treasury by reason of this section (without regard to this 
subsection). Amounts appropriated by the preceding sentence shall be 
transferred from the general fund at such times and in such manner as to 
replicate to the extent possible the transfers which would have occurred 
to such Trust Fund or Account had this section not been enacted.
    (j) Rule for Employers Taking Small Business Interruption Loan.--If 
an eligible employer receives a covered loan under paragraph (36) of 
section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by 
section 1102 of this Act, such employer shall not be eligible for the 
credit under this section.
    (k) <<NOTE: Waiver authority. Determination.>>  Treatment of 
Deposits.--The Secretary shall waive any penalty under section 6656 of 
the Internal Revenue Code of 1986 for any failure to make a deposit of 
any applicable employment taxes if the Secretary determines that such 
failure was due to the reasonable anticipation of the credit allowed 
under this section.

    (l) Regulations and Guidance.--The Secretary shall issue such forms, 
instructions, regulations, and guidance as are necessary--
            (1) to allow the advance payment of the credit under 
        subsection (a), subject to the limitations provided in this 
        section, based on such information as the Secretary shall 
        require,
            (2) to provide for the reconciliation of such advance 
        payment with the amount advanced at the time of filing the 
        return of tax for the applicable calendar quarter or taxable 
        year,
            (3) to provide for the recapture of the credit under this 
        section if such credit is allowed to a taxpayer which receives a 
        loan described in subsection (j) during a subsequent quarter,
            (4) with respect to the application of the credit under 
        subsection (a) to third party payors (including professional

[[Page 134 STAT. 351]]

        employer organizations, certified professional employer 
        organizations, or agents under section 3504 of the Internal 
        Revenue Code of 1986), including regulations or guidance 
        allowing such payors to submit documentation necessary to 
        substantiate the eligible employer status of employers that use 
        such payors, and
            (5) for application of subparagraphs (A)(ii)(II) and (B) of 
        subsection (c)(2) in the case of any employer which was not 
        carrying on a trade or business for all or part of the same 
        calendar quarter in the prior year.

    (m) Application.--This section shall only apply to wages paid after 
March 12, 2020, and before January 1, 2021.
SEC. 2302. <<NOTE: 26 USC 3111 note.>>  DELAY OF PAYMENT OF 
                          EMPLOYER PAYROLL TAXES.

    (a) In General.--
            (1) Taxes.--Notwithstanding any other provision of law, the 
        payment for applicable employment taxes for the payroll tax 
        deferral period shall not be due before the applicable date.
            (2) Deposits.--Notwithstanding section 6302 of the Internal 
        Revenue Code of 1986, an employer shall be treated as having 
        timely made all deposits of applicable employment taxes that are 
        required to be made (without regard to this section) for such 
        taxes during the payroll tax deferral period if all such 
        deposits are made not later than the applicable date.
            (3) Exception.--This subsection shall not apply to any 
        taxpayer if such taxpayer has had indebtedness forgiven under 
        section 1106 of this Act with respect to a loan under paragraph 
        (36) of section 7(a) of the Small Business Act (15 U.S.C. 
        636(a)), as added by section 1102 of this Act, or indebtedness 
        forgiven under section 1109 of this Act.

    (b) SECA.--
            (1) In general.--Notwithstanding any other provision of law, 
        the payment for 50 percent of the taxes imposed under section 
        1401(a) of the Internal Revenue Code of 1986 for the payroll tax 
        deferral period shall not be due before the applicable date.
            (2) Estimated taxes.--For purposes of applying section 6654 
        of the Internal Revenue Code of 1986 to any taxable year which 
        includes any part of the payroll tax deferral period, 50 percent 
        of the taxes imposed under section 1401(a) of such Code for the 
        payroll tax deferral period shall not be treated as taxes to 
        which such section 6654 applies.

    (c) Liability of Third Parties.--
            (1) Acts to be performed by agents.--For purposes of section 
        3504 of the Internal Revenue Code of 1986, in the case of any 
        person designated pursuant to such section (and any regulations 
        or other guidance issued by the Secretary with respect to such 
        section) to perform acts otherwise required to be performed by 
        an employer under such Code, if such employer directs such 
        person to defer payment of any applicable employment taxes 
        during the payroll tax deferral period under this section, such 
        employer shall be solely liable for the payment of such 
        applicable employment taxes before the applicable date for any 
        wages paid by such person on behalf of such employer during such 
        period.

[[Page 134 STAT. 352]]

            (2) Certified professional employer organizations.--For 
        purposes of section 3511, in the case of a certified 
        professional employer organization (as defined in subsection (a) 
        of section 7705 of the Internal Revenue Code of 1986) that has 
        entered into a service contract described in subsection (e)(2) 
        of such section with a customer, if such customer directs such 
        organization to defer payment of any applicable employment taxes 
        during the payroll tax deferral period under this section, such 
        customer shall, notwithstanding subsections (a) and (c) of 
        section 3511, be solely liable for the payment of such 
        applicable employment taxes before the applicable date for any 
        wages paid by such organization to any work site employee 
        performing services for such customer during such period.

    (d) Definitions.--For purposes of this section--
            (1) Applicable employment taxes.--The term ``applicable 
        employment taxes'' means the following:
                    (A) The taxes imposed under section 3111(a) of the 
                Internal Revenue Code of 1986.
                    (B) So much of the taxes imposed under section 
                3211(a) of such Code as are attributable to the rate in 
                effect under section 3111(a) of such Code.
                    (C) So much of the taxes imposed under section 
                3221(a) of such Code as are attributable to the rate in 
                effect under section 3111(a) of such Code.
            (2) Payroll tax deferral period.--The term ``payroll tax 
        deferral period'' means the period beginning on the date of the 
        enactment of this Act and ending before January 1, 2021.
            (3) Applicable date.--The term ``applicable date'' means--
                    (A) December 31, 2021, with respect to 50 percent of 
                the amounts to which subsection (a) or (b), as the case 
                may be, apply, and
                    (B) December 31, 2022, with respect to the remaining 
                such amounts.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury (or the Secretary's delegate).

    (e) Trust Funds Held Harmless.--There are hereby appropriated (out 
of any money in the Treasury not otherwise appropriated) for each fiscal 
year to the Federal Old-Age and Survivors Insurance Trust Fund and the 
Federal Disability Insurance Trust Fund established under section 201 of 
the Social Security Act (42 U.S.C. 401) and the Social Security 
Equivalent Benefit Account established under section 15A(a) of the 
Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a)) an amount equal to 
the reduction in the transfers to such fund for such fiscal year by 
reason of this section. Amounts appropriated by the preceding sentence 
shall be transferred from the general fund at such times and in such 
manner as to replicate to the extent possible the transfers which would 
have occurred to such Trust Fund had such amendments not been enacted.
    (f) Regulatory Authority.--The Secretary shall issue such 
regulations or other guidance as necessary to carry out the purposes of 
this section, including rules for the administration and enforcement of 
subsection (c).
SEC. 2303. MODIFICATIONS FOR NET OPERATING LOSSES.

    (a) Temporary Repeal of Taxable Income Limitation.--

[[Page 134 STAT. 353]]

            (1) In general.--The first sentence of section 172(a) of the 
        Internal Revenue Code of 1986 <<NOTE: 26 USC 172.>>  is amended 
        by striking ``an amount equal to'' and all that follows and 
        inserting ``an amount equal to--
            ``(1) in the case of a taxable year beginning before January 
        1, 2021, the aggregate of the net operating loss carryovers to 
        such year, plus the net operating loss carrybacks to such year, 
        and
            ``(2) in the case of a taxable year beginning after December 
        31, 2020, the sum of--
                    ``(A) the aggregate amount of net operating losses 
                arising in taxable years beginning before January 1, 
                2018, carried to such taxable year, plus
                    ``(B) the lesser of--
                          ``(i) the aggregate amount of net operating 
                      losses arising in taxable years beginning after 
                      December 31, 2017, carried to such taxable year, 
                      or
                          ``(ii) 80 percent of the excess (if any) of--
                                    ``(I) taxable income computed 
                                without regard to the deductions under 
                                this section and sections 199A and 250, 
                                over
                                    ``(II) the amount determined under 
                                subparagraph (A).''.
            (2) Conforming amendments.--
                    (A) Section 172(b)(2)(C) of such Code is amended to 
                read as follows:
                    ``(C) for taxable years beginning after December 31, 
                2020, be reduced by 20 percent of the excess (if any) 
                described in subsection (a)(2)(B)(ii) for such taxable 
                year.''.
                    (B) Section 172(d)(6)(C) of such Code is amended by 
                striking ``subsection (a)(2)'' and inserting 
                ``subsection (a)(2)(B)(ii)(I)''.
                    (C) Section 860E(a)(3)(B) of such Code is amended by 
                striking all that follows ``for purposes of'' and 
                inserting ``subsection (a)(2)(B)(ii)(I) and the second 
                sentence of subsection (b)(2) of section 172.''.

    (b) Modifications of Rules Relating to Carrybacks.--
            (1) In general.--Section 172(b)(1) of the Internal Revenue 
        Code of 1986 is amended by adding at the end the following new 
        subparagraph:
                    ``(D) Special rule for losses arising in 2018, 2019, 
                and 2020.--
                          ``(i) In general.--In the case of any net 
                      operating loss arising in a taxable year beginning 
                      after December 31, 2017, and before January 1, 
                      2021--
                                    ``(I) such loss shall be a net 
                                operating loss carryback to each of the 
                                5 taxable years preceding the taxable 
                                year of such loss, and
                                    ``(II) subparagraphs (B) and (C)(i) 
                                shall not apply.
                          ``(ii) Special rules for reits.--For purposes 
                      of this subparagraph--
                                    ``(I) In general.--A net operating 
                                loss for a REIT year shall not be a net 
                                operating loss carryback to any taxable 
                                year preceding the taxable year of such 
                                loss.

[[Page 134 STAT. 354]]

                                    ``(II) Special rule.--In the case of 
                                any net operating loss for a taxable 
                                year which is not a REIT year, such loss 
                                shall not be carried to any preceding 
                                taxable year which is a REIT year.
                                    ``(III) REIT year.--For purposes of 
                                this subparagraph, the term `REIT year' 
                                means any taxable year for which the 
                                provisions of part II of subchapter M 
                                (relating to real estate investment 
                                trusts) apply to the taxpayer.
                          ``(iii) Special rule for life insurance 
                      companies.-- In the case of a life insurance 
                      company, if a net operating loss is carried 
                      pursuant to clause (i)(I) to a life insurance 
                      company taxable year beginning before January 1, 
                      2018, such net operating loss carryback shall be 
                      treated in the same manner as an operations loss 
                      carryback (within the meaning of section 810 as in 
                      effect before its repeal) of such company to such 
                      taxable year.
                          ``(iv) Rule relating to carrybacks to years to 
                      which section 965 applies.--If a net operating 
                      loss of a taxpayer is carried pursuant to clause 
                      (i)(I) to any taxable year in which an amount is 
                      includible in gross income by reason of section 
                      965(a), the taxpayer shall be treated as having 
                      made the election under section 965(n) with 
                      respect to each such taxable year.
                          ``(v) Special rules for elections under 
                      paragraph (3).--
                                    ``(I) Special election to exclude 
                                section 965 years.-- <<NOTE: Time 
                                period.>>  If the 5-year carryback 
                                period under clause (i)(I) with respect 
                                to any net operating loss of a taxpayer 
                                includes 1 or more taxable years in 
                                which an amount is includible in gross 
                                income by reason of section 965(a), the 
                                taxpayer may, in lieu of the election 
                                otherwise available under paragraph (3), 
                                elect under such paragraph to exclude 
                                all such taxable years from such 
                                carryback period.
                                    ``(II) Time of elections.--An 
                                election under paragraph (3) (including 
                                an election described in subclause (I)) 
                                with respect to a net operating loss 
                                arising in a taxable year beginning in 
                                2018 or 2019 shall be made by the due 
                                date (including extensions of time) for 
                                filing the taxpayer's return for the 
                                first taxable year ending after the date 
                                of the enactment of this 
                                subparagraph.''.
            (2) Conforming amendment.--Section 172(b)(1)(A) of such 
        Code, as amended by subsection (c)(2), is amended by striking 
        ``and (C)(i)'' and inserting ``, (C)(i), and (D)''.

    (c) Technical Amendment Relating to Section 13302 of Public Law 115-
97.--
            (1) <<NOTE: 26 USC 172 note.>>  Section 13302(e) of Public 
        Law 115-97 is amended to read as follows:

    ``(e) <<NOTE: Applicability.>> Effective Dates.--
            ``(1) Net operating loss limitation.--The amendments made by 
        subsections (a) and (d)(2) shall apply to--

[[Page 134 STAT. 355]]

                    ``(A) taxable years beginning after December 31, 
                2017, and
                    ``(B) taxable years beginning on or before such date 
                to which net operating losses arising in taxable years 
                beginning after such date are carried.
            ``(2) Carryovers and carrybacks.--The amendments made by 
        subsections (b), (c), and (d)(1) shall apply to net operating 
        losses arising in taxable years beginning after December 31, 
        2017.''.
            (2) Section 172(b)(1)(A) of the Internal Revenue Code of 
        1986 is amended <<NOTE: 26 USC 172.>>  to read as follows:
                    ``(A) General rule.--A net operating loss for any 
                taxable year--
                          ``(i) shall be a net operating loss carryback 
                      to the extent provided in subparagraphs (B) and 
                      (C)(i), and
                          ``(ii) except as provided in subparagraph 
                      (C)(ii), shall be a net operating loss carryover--
                                    ``(I) in the case of a net operating 
                                loss arising in a taxable year beginning 
                                before January 1, 2018, to each of the 
                                20 taxable years following the taxable 
                                year of the loss, and
                                    ``(II) in the case of a net 
                                operating loss arising in a taxable year 
                                beginning after December 31, 2017, to 
                                each taxable year following the taxable 
                                year of the loss.''.

    (d) <<NOTE: Applicability. 26 USC 172 note.>>  Effective Dates.--
            (1) Net operating loss limitation.--The amendments made by 
        subsection (a) shall apply--
                    (A) to taxable years beginning after December 31, 
                2017, and
                    (B) to taxable years beginning on or before December 
                31, 2017, to which net operating losses arising in 
                taxable years beginning after December 31, 2017, are 
                carried.
            (2) Carryovers and carrybacks.--The amendment made by 
        subsection (b) shall apply to--
                    (A) net operating losses arising in taxable years 
                beginning after December 31, 2017, and
                    (B) taxable years beginning before, on, or after 
                such date to which such net operating losses are 
                carried.
            (3) Technical amendments.--The amendments made by subsection 
        (c) shall take effect as if included in the provisions of Public 
        Law 115-97 to which they relate.
            (4) <<NOTE: Time period. Deadline.>>  Special rule.--In the 
        case of a net operating loss arising in a taxable year beginning 
        before January 1, 2018, and ending after December 31, 2017--
                    (A) an application under section 6411(a) of the 
                Internal Revenue Code of 1986 with respect to the 
                carryback of such net operating loss shall not fail to 
                be treated as timely filed if filed not later than the 
                date which is 120 days after the date of the enactment 
                of this Act, and
                    (B) an election to--
                          (i) forgo any carryback of such net operating 
                      loss,
                          (ii) reduce any period to which such net 
                      operating loss may be carried back, or
                          (iii) revoke any election made under section 
                      172(b) to forgo any carryback of such net 
                      operating loss,

[[Page 134 STAT. 356]]

                shall not fail to be treated as timely made if made not 
                later than the date which is 120 days after the date of 
                the enactment of this Act.
SEC. 2304. MODIFICATION OF LIMITATION ON LOSSES FOR TAXPAYERS 
                          OTHER THAN CORPORATIONS.

    (a) In General.--Section 461(l)(1) of the Internal Revenue Code of 
1986 <<NOTE: 26 USC 461.>>  is amended to read as follows:
            ``(1) <<NOTE: Time periods.>>  Limitation.--In the case of a 
        taxpayer other than a corporation--
                    ``(A) for any taxable year beginning after December 
                31, 2017, and before January 1, 2026, subsection (j) 
                (relating to limitation on excess farm losses of certain 
                taxpayers) shall not apply, and
                    ``(B) for any taxable year beginning after December 
                31, 2020, and before January 1, 2026, any excess 
                business loss of the taxpayer for the taxable year shall 
                not be allowed.''.

    (b) Technical Amendments Relating to Section 11012 of Public Law 
115-97.--
            (1) Section 461(l)(2) of the Internal Revenue Code of 1986 
        is amended by striking ``a net operating loss carryover to the 
        following taxable year under section 172'' and inserting ``a net 
        operating loss for the taxable year for purposes of determining 
        any net operating loss carryover under section 172(b) for 
        subsequent taxable years''.
            (2) Section 461(l)(3)(A) of such Code is amended--
                    (A) in clause (i), by inserting ``and without regard 
                to any deduction allowable under section 172 or 199A'' 
                after ``under paragraph (1)'', and
                    (B) by adding at the end the following flush 
                sentence:
        ``Such excess shall be determined without regard to any 
        deductions, gross income, or gains attributable to any trade or 
        business of performing services as an employee.''.
            (3) Section 461(l)(3) of such Code is amended by 
        redesignating subparagraph (B) as subparagraph (C) and by 
        inserting after subparagraph (A) the following new subparagraph:
                    ``(B) Treatment of capital gains and losses.--
                          ``(i) Losses.--Deductions for losses from 
                      sales or exchanges of capital assets shall not be 
                      taken into account under subparagraph (A)(i).
                          ``(ii) Gains.--The amount of gains from sales 
                      or exchanges of capital assets taken into account 
                      under subparagraph (A)(ii) shall not exceed the 
                      lesser of--
                                    ``(I) the capital gain net income 
                                determined by taking into account only 
                                gains and losses attributable to a trade 
                                or business, or
                                    ``(II) the capital gain net 
                                income.''.

    (c) <<NOTE: 26 USC 461 note.>>  Effective Dates.--
            (1) In general.--The amendments made by subsection (a) shall 
        apply to taxable years beginning after December 31, 2017.
            (2) Technical amendments.--The amendments made by subsection 
        (b) shall take effect as if included in the provisions of Public 
        Law 115-97 to which they relate.

[[Page 134 STAT. 357]]

SEC. 2305. MODIFICATION OF CREDIT FOR PRIOR YEAR MINIMUM TAX 
                          LIABILITY OF CORPORATIONS.

    (a) In General.--Section 53(e) of the Internal Revenue Code of 
1986 <<NOTE: 26 USC 53.>>  is amended--
            (1) by striking ``2018, 2019, 2020, or 2021'' in paragraph 
        (1) and inserting ``2018 or 2019'', and
            (2) by striking ``2021'' in paragraph (2) and inserting 
        ``2019''.

    (b) Election to Take Entire Refundable Credit Amount in 2018.--
            (1) In general.--Section 53(e) of such Code is amended by 
        adding at the end the following new paragraph:
            ``(5) Special rule.--In the case of a corporation making an 
        election under this paragraph--
                    ``(A) paragraph (1) shall not apply, and
                    ``(B) subsection (c) shall not apply to the first 
                taxable year of such corporation beginning in 2018.''.

    (c) <<NOTE: 26 USC 53 note.>>  Effective Date.--The amendments made 
by this section shall apply to taxable years beginning after December 
31, 2017.

    (d) <<NOTE: 26 USC 53 note.>>  Special Rule.--
            (1) In general.--For purposes of the Internal Revenue Code 
        of 1986, a credit or refund for which an application described 
        in paragraph (2)(A) is filed shall be treated as made under 
        section 6411 of such Code.
            (2) Tentative refund.--
                    (A) Application.--A taxpayer may file an application 
                for a tentative refund of any amount for which a refund 
                is due by reason of an election under section 53(e)(5) 
                of the Internal Revenue Code of 1986. Such application 
                shall be in such manner and form as the Secretary of the 
                Treasury (or the Secretary's delegate) may prescribe and 
                shall--
                          (i) be verified in the same manner as an 
                      application under section 6411(a) of such Code,
                          (ii) <<NOTE: Deadline.>>  be filed prior to 
                      December 31, 2020, and
                          (iii) set forth--
                                    (I) the amount of the refundable 
                                credit claimed under section 53(e) of 
                                such Code for such taxable year,
                                    (II) the amount of the refundable 
                                credit claimed under such section for 
                                any previously filed return for such 
                                taxable year, and
                                    (III) the amount of the refund 
                                claimed.
                    (B) <<NOTE: Time period.>>  Allowance of 
                adjustments.--Within a period of 90 days from the date 
                on which an application is filed under subparagraph (A), 
                the Secretary of the Treasury (or the Secretary's 
                delegate) shall--
                          (i) <<NOTE: Review.>>  review the application,
                          (ii) <<NOTE: Determination.>>  determine the 
                      amount of the overpayment, and
                          (iii) apply, credit, or refund such 
                      overpayment,
                in a manner similar to the manner provided in section 
                6411(b) of the Internal Revenue Code of 1986.
                    (C) <<NOTE: Applicability.>>  Consolidated 
                returns.--The provisions of section 6411(c) of the 
                Internal Revenue Code of 1986 Code shall apply to an 
                adjustment under this paragraph to the same extent and 
                manner as the Secretary of the Treasury (or the 
                Secretary's delegate) may provide.

[[Page 134 STAT. 358]]

SEC. 2306. MODIFICATIONS OF LIMITATION ON BUSINESS INTEREST.

    (a) In General.--Section 163(j) of the Internal Revenue Code of 
1986 <<NOTE: 26 USC 163.>>  is amended by redesignating paragraph (10) 
as paragraph (11) and by inserting after paragraph (9) the following new 
paragraph:
            ``(10) Special rule for taxable years beginning in 2019 and 
        2020.--
                    ``(A) In general.--
                          ``(i) <<NOTE: Applicability.>>  In general.--
                      Except as provided in clause (ii) or (iii), in the 
                      case of any taxable year beginning in 2019 or 
                      2020, paragraph (1)(B) shall be applied by 
                      substituting `50 percent' for `30 percent'.
                          ``(ii) Special rule for partnerships.--In the 
                      case of a partnership--
                                    ``(I) clause (i) shall not apply to 
                                any taxable year beginning in 2019, but
                                    ``(II) unless a partner elects not 
                                to have this subclause apply, in the 
                                case of any excess business interest of 
                                the partnership for any taxable year 
                                beginning in 2019 which is allocated to 
                                the partner under paragraph 
                                (4)(B)(i)(II)--
                                            ``(aa) 50 percent of such 
                                        excess business interest shall 
                                        be treated as business interest 
                                        which, notwithstanding paragraph 
                                        (4)(B)(ii), is paid or accrued 
                                        by the partner in the partner's 
                                        first taxable year beginning in 
                                        2020 and which is not subject to 
                                        the limits of paragraph (1), and
                                            ``(bb) 50 percent of such 
                                        excess business interest shall 
                                        be subject to the limitations of 
                                        paragraph (4)(B)(ii) in the same 
                                        manner as any other excess 
                                        business interest so allocated.
                          ``(iii) Election out.--A taxpayer may elect, 
                      at such time and in such manner as the Secretary 
                      may prescribe, not to have clause (i) apply to any 
                      taxable year. Such an election, once made, may be 
                      revoked only with the consent of the Secretary. In 
                      the case of a partnership, any such election shall 
                      be made by the partnership and may be made only 
                      for taxable years beginning in 2020.
                    ``(B) Election to use 2019 adjusted taxable income 
                for taxable years beginning in 2020.--
                          ``(i) In general.--Subject to clause (ii), in 
                      the case of any taxable year beginning in 2020, 
                      the taxpayer may elect to apply this subsection by 
                      substituting the adjusted taxable income of the 
                      taxpayer for the last taxable year beginning in 
                      2019 for the adjusted taxable income for such 
                      taxable year. In the case of a partnership, any 
                      such election shall be made by the partnership.
                          ``(ii) Special rule for short taxable years.--
                      If an election is made under clause (i) for a 
                      taxable year which is a short taxable year, the 
                      adjusted taxable income for the taxpayer's last 
                      taxable year beginning in 2019 which is 
                      substituted under clause (i) shall be equal to the 
                      amount which bears the same ratio to such adjusted 
                      taxable income determined without

[[Page 134 STAT. 359]]

                      regard to this clause as the number of months in 
                      the short taxable year bears to 12''.

    (b) <<NOTE: 26 USC 163.>>  Effective Date.--The amendments made by 
this section shall apply to taxable years beginning after December 31, 
2018.
SEC. 2307. TECHNICAL AMENDMENTS REGARDING QUALIFIED IMPROVEMENT 
                          PROPERTY.

    (a) In General.--Section 168 of the Internal Revenue Code of 
1986 <<NOTE: 26 USC 168.>>  is amended--
            (1) in subsection (e)--
                    (A) in paragraph (3)(E), by striking ``and'' at the 
                end of clause (v), by striking the period at the end of 
                clause (vi) and inserting ``, and'', and by adding at 
                the end the following new clause:
                          ``(vii) any qualified improvement property.'', 
                      and
                    (B) in paragraph (6)(A), by inserting ``made by the 
                taxpayer'' after ``any improvement'', and
            (2) in the table contained in subsection (g)(3)(B)--
                    (A) by striking the item relating to subparagraph 
                (D)(v), and
                    (B) by inserting after the item relating to 
                subparagraph (E)(vi) the following new item:
        ``(E)(vii)..............................................   20''.

    (b) <<NOTE: 26 USC 168 note.>>  Effective Date.--The amendments made 
by this section shall take effect as if included in section 13204 of 
Public Law 115-97.
SEC. 2308. TEMPORARY EXCEPTION FROM EXCISE TAX FOR ALCOHOL USED TO 
                          PRODUCE HAND SANITIZER.

    (a) In General.--Section 5214(a) of the Internal Revenue Code of 
1986 is amended--
            (1) in paragraph (13), by striking the period at the end and 
        inserting ``; or'', and
            (2) <<NOTE: Time period.>>  by adding at the end the 
        following new paragraph:
            ``(14) with respect to distilled spirits removed after 
        December 31, 2019, and before January 1, 2021, free of tax for 
        use in or contained in hand sanitizer produced and distributed 
        in a manner consistent with any guidance issued by the Food and 
        Drug Administration that is related to the outbreak of virus 
        SARS-CoV-2 or coronavirus disease 2019 (COVID-19).''.

    (b) <<NOTE: 26 USC 5214 note.>>  Effective Date.--The amendments 
made by this section shall apply to distilled spirits removed after 
December 31, 2019.

    (c) <<NOTE: 26 USC 5214 note.>>  Application of Other Laws.--Any 
distilled spirits or product described in paragraph (14) of section 
5214(a) of the Internal Revenue Code of 1986 (as added by this section) 
shall not be subject to any requirements related to labeling or bulk 
sales under--
            (1) section 105 or 106 of the Federal Alcohol Administration 
        Act (27 U.S.C. 205, 206); or
            (2) section 204 of the Alcoholic Beverage Labeling Act of 
        1988 (27 U.S.C. 215).

[[Page 134 STAT. 360]]

TITLE III--SUPPORTING AMERICA'S HEALTH CARE SYSTEM IN THE FIGHT AGAINST 
                             THE CORONAVIRUS

  Subtitle A-- <<NOTE: Coronavirus Aid, Relief, and Economic Security 
Act. 42 USC 201 note.>> Health Provisions
SEC. 3001. SHORT TITLE.

    This subtitle may be cited as the ``Coronavirus Aid, Relief, and 
Economic Security Act''.

                   PART I--ADDRESSING SUPPLY SHORTAGES

                   Subpart A--Medical Product Supplies

SEC. 3101. NATIONAL ACADEMIES REPORT ON AMERICA'S MEDICAL PRODUCT 
                          SUPPLY CHAIN SECURITY.

    (a) <<NOTE: Contracts.>>  In General.--Not later than 60 days after 
the date of enactment of this Act, the Secretary of Health and Human 
Services shall enter into an agreement with the National Academies of 
Sciences, Engineering, and Medicine (referred to in this section as the 
``National Academies'') to examine, and, in a manner that does not 
compromise national security, report on, the security of the United 
States medical product supply chain.

    (b) Purposes.--The report developed under this section shall--
            (1) <<NOTE: Assessment. Evaluation.>>  assess and evaluate 
        the dependence of the United States, including the private 
        commercial sector, States, and the Federal Government, on 
        critical drugs and devices that are sourced or manufactured 
        outside of the United States, which may include an analysis of--
                    (A) the supply chain of critical drugs and devices 
                of greatest priority to providing health care;
                    (B) any potential public health security or national 
                security risks associated with reliance on critical 
                drugs and devices sourced or manufactured outside of the 
                United States, which may include responses to previous 
                or existing shortages or public health emergencies, such 
                as infectious disease outbreaks, bioterror attacks, and 
                other public health threats;
                    (C) any existing supply chain information gaps, as 
                applicable; and
                    (D) potential economic impact of increased domestic 
                manufacturing; and
            (2) <<NOTE: Recommenda- tions.>>  provide recommendations, 
        which may include a plan to improve the resiliency of the supply 
        chain for critical drugs and devices as described in paragraph 
        (1), and to address any supply vulnerabilities or potential 
        disruptions of such products that would significantly affect or 
        pose a threat to public health security or national security, as 
        appropriate, which may include strategies to--
                    (A) promote supply chain redundancy and contingency 
                planning;
                    (B) encourage domestic manufacturing, including 
                consideration of economic impacts, if any;
                    (C) improve supply chain information gaps;

[[Page 134 STAT. 361]]

                    (D) improve planning considerations for medical 
                product supply chain capacity during public health 
                emergencies; and
                    (E) promote the accessibility of such drugs and 
                devices.

    (c) Input.--In conducting the study and developing the report under 
subsection (b), the National Academies shall--
            (1) consider input from the Department of Health and Human 
        Services, the Department of Homeland Security, the Department of 
        Defense, the Department of Commerce, the Department of State, 
        the Department of Veterans Affairs, the Department of Justice, 
        and any other Federal agencies as appropriate; and
            (2) <<NOTE: Consultation.>>  consult with relevant 
        stakeholders, which may include conducting public meetings and 
        other forms of engagement, as appropriate, with health care 
        providers, medical professional societies, State-based 
        societies, public health experts, State and local public health 
        departments, State medical boards, patient groups, medical 
        product manufacturers, health care distributors, wholesalers and 
        group purchasing organizations, pharmacists, and other entities 
        with experience in health care and public health, as 
        appropriate.

    (d) Definitions.--In this section, the terms ``device'' and ``drug'' 
have the meanings given such terms in section 201 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 321).
SEC. 3102. REQUIRING THE STRATEGIC NATIONAL STOCKPILE TO INCLUDE 
                          CERTAIN TYPES OF MEDICAL SUPPLIES.

    Section 319F-2(a)(1) of the Public Health Service Act (42 U.S.C. 
247d-6b(a)(1)) is amended by inserting ``(including personal protective 
equipment, ancillary medical supplies, and other applicable supplies 
required for the administration of drugs, vaccines and other biological 
products, medical devices, and diagnostic tests in the stockpile)'' 
after ``other supplies''.
SEC. 3103. TREATMENT OF RESPIRATORY PROTECTIVE DEVICES AS COVERED 
                          COUNTERMEASURES.

    Section 319F-3(i)(1)(D) of the Public Health Service Act (42 U.S.C. 
247d-6d(i)(1)(D)) is amended to read as follows:
                    ``(D) <<NOTE: Determination.>>  a respiratory 
                protective device that is approved by the National 
                Institute for Occupational Safety and Health under part 
                84 of title 42, Code of Federal Regulations (or any 
                successor regulations), and that the Secretary 
                determines to be a priority for use during a public 
                health emergency declared under section 319.''.

             Subpart B--Mitigating Emergency Drug Shortages

SEC. 3111. PRIORITIZE REVIEWS OF DRUG APPLICATIONS; INCENTIVES.

    Section 506C(g) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 356c(g)) is amended--
            (1) in paragraph (1), by striking ``the Secretary may'' and 
        inserting ``the Secretary shall, as appropriate'';
            (2) in paragraph (1), by inserting ``prioritize and'' before 
        ``expedite the review''; and
            (3) in paragraph (2), by inserting ``prioritize and'' before 
        ``expedite an inspection''.

[[Page 134 STAT. 362]]

SEC. 3112. ADDITIONAL MANUFACTURER REPORTING REQUIREMENTS IN 
                          RESPONSE TO DRUG SHORTAGES.

    (a) Expansion To Include Active Pharmaceutical Ingredients.--
Subsection (a) of section 506C of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 356c) is amended--
            (1) in paragraph (1)(C), by inserting ``or any such drug 
        that is critical to the public health during a public health 
        emergency declared by the Secretary under section 319 of the 
        Public Health Service Act'' after ``during surgery''; and
            (2) in the flush text at the end--
                    (A) by inserting ``, or a permanent discontinuance 
                in the manufacture of an active pharmaceutical 
                ingredient or an interruption in the manufacture of the 
                active pharmaceutical ingredient of such drug that is 
                likely to lead to a meaningful disruption in the supply 
                of the active pharmaceutical ingredient of such drug,'' 
                before ``and the reasons''; and
                    (B) by adding at the end the following: 
                ``Notification under this subsection shall include 
                disclosure of reasons for the discontinuation or 
                interruption, and if applicable, an active 
                pharmaceutical ingredient is a reason for, or risk 
                factor in, such discontinuation or interruption, the 
                source of the active pharmaceutical ingredient and any 
                alternative sources for the active pharmaceutical 
                ingredient known by the manufacturer; whether any 
                associated device used for preparation or administration 
                included in the drug is a reason for, or a risk factor 
                in, such discontinuation or interruption; the expected 
                duration of the interruption; and such other information 
                as the Secretary may require.''.

    (b) Risk Management.--Section 506C of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 356c) is amended by adding at the end the 
following:
    ``(j) Risk Management Plans.--Each manufacturer of a drug described 
in subsection (a) or of any active pharmaceutical ingredient or any 
associated medical device used for preparation or administration 
included in the drug, shall develop, maintain, and implement, as 
appropriate, a redundancy risk management plan that identifies and 
evaluates risks to the supply of the drug, as applicable, for each 
establishment in which such drug or active pharmaceutical ingredient of 
such drug is manufactured. <<NOTE: Inspection.>>  A risk management plan 
under this section shall be subject to inspection and copying by the 
Secretary pursuant to an inspection or a request under section 
704(a)(4).''.

    (c) Annual Notification.--Section 506E of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 356e) is amended by adding at the end the 
following:
    ``(d) Interagency Notification.--Not later than 180 days after the 
date of enactment of this subsection, and every 90 days thereafter, the 
Secretary shall transmit a report regarding the drugs of the current 
drug shortage list under this section to the Administrator of the 
Centers for Medicare & Medicaid Services.''.
    (d) Reporting After Inspections.--Section 704(b) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 374(b)) is amended--
            (1) by redesignating paragraphs (1) and (2) and 
        subparagraphs (A) and (B);
            (2) by striking ``(b) Upon completion'' and inserting 
        ``(b)(1) Upon completion''; and

[[Page 134 STAT. 363]]

            (3) by adding at the end the following:

    ``(2) <<NOTE: Records.>>  In carrying out this subsection with 
respect to any establishment manufacturing a drug approved under 
subsection (c) or (j) of section 505 for which a notification has been 
submitted in accordance with section 506C is, or has been in the last 5 
years, listed on the drug shortage list under section 506E, or that is 
described in section 505(j)(11)(A), a copy of the report shall be sent 
promptly to the appropriate offices of the Food and Drug Administration 
with expertise regarding drug shortages.''.

    (e) Reporting Requirement.--Section 510(j) of the Federal Food, 
Drug, Cosmetic Act (21 U.S.C. 360(j)) is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3)(A) Each person who registers with the Secretary under 
        this section with regard to a drug shall report annually to the 
        Secretary on the amount of each drug listed under paragraph (1) 
        that was manufactured, prepared, propagated, compounded, or 
        processed by such person for commercial distribution. Such 
        information may be required to be submitted in an electronic 
        format as determined by the Secretary. The Secretary may require 
        that information required to be reported under this paragraph be 
        submitted at the time a public health emergency is declared by 
        the Secretary under section 319 of the Public Health Service 
        Act.
            ``(B) <<NOTE: Determination.>>  By order of the Secretary, 
        certain biological products or categories of biological products 
        regulated under section 351 of the Public Health Service Act may 
        be exempt from some or all of the reporting requirements under 
        subparagraph (A), if the Secretary determines that applying such 
        reporting requirements to such biological products or categories 
        of biological products is not necessary to protect the public 
        health.''.

    (f) <<NOTE: 21 USC 356c note.>>  Confidentiality.--Nothing in the 
amendments made by this section shall be construed as authorizing the 
Secretary to disclose any information that is a trade secret or 
confidential information subject to section 552(b)(4) of title 5, United 
States Code, or section 1905 of title 18, United States Code.

    (g) <<NOTE: 21 USC 356c note.>>  Effective Date.--The amendments 
made by this section and section 3111 shall take effect on the date that 
is 180 days after the date of enactment of this Act.

             Subpart C--Preventing Medical Device Shortages

SEC. 3121. DISCONTINUANCE OR INTERRUPTION IN THE PRODUCTION OF 
                          MEDICAL DEVICES.

    Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 
et seq.) is amended by inserting after section 506I the following:
``SEC. 506J. <<NOTE: 21 USC 356j.>>  DISCONTINUANCE OR 
                          INTERRUPTION IN THE PRODUCTION OF 
                          MEDICAL DEVICES.

    ``(a) In General.--A manufacturer of a device that--
            ``(1) is critical to public health during a public health 
        emergency, including devices that are life-supporting, life-
        sustaining, or intended for use in emergency medical care or 
        during surgery; or

[[Page 134 STAT. 364]]

            ``(2) <<NOTE: Determination. Notification.>>  for which the 
        Secretary determines that information on potential meaningful 
        supply disruptions of such device is needed during, or in 
        advance of, a public health emergency;

shall, during, or in advance of, a public health emergency declared by 
the Secretary under section 319 of the Public Health Service Act, notify 
the Secretary, in accordance with subsection (b), of a permanent 
discontinuance in the manufacture of the device (except for 
discontinuances as a result of an approved modification of the device) 
or an interruption of the manufacture of the device that is likely to 
lead to a meaningful disruption in the supply of that device in the 
United States, and the reasons for such discontinuance or interruption.
    ``(b) Timing.--A notice required under subsection (a) shall be 
submitted to the Secretary--
            ``(1) at least 6 months prior to the date of the 
        discontinuance or interruption; or
            ``(2) if compliance with paragraph (1) is not possible, as 
        soon as practicable.

    ``(c) <<NOTE: Determination.>>  Distribution.--
            ``(1) Public availability.--To the maximum extent 
        practicable, subject to paragraph (2), the Secretary shall 
        distribute, through such means as the Secretary determines 
        appropriate, information on the discontinuance or interruption 
        of the manufacture of devices reported under subsection (a) to 
        appropriate organizations, including physician, health provider, 
        patient organizations, and supply chain partners, as appropriate 
        and applicable, as described in subsection (g).
            ``(2) Public health exception.--The Secretary may choose not 
        to make information collected under this section publicly 
        available pursuant to this section if the Secretary determines 
        that disclosure of such information would adversely affect the 
        public health, such as by increasing the possibility of 
        unnecessary over purchase of product, component parts, or other 
        disruption of the availability of medical products to patients.

    ``(d) Confidentiality.--Nothing in this section shall be construed 
as authorizing the Secretary to disclose any information that is a trade 
secret or confidential information subject to section 552(b)(4) of title 
5, United States Code, or section 1905 of title 18, United States Code.
    ``(e) <<NOTE: Deadlines.>>  Failure To Meet Requirements.--If a 
person fails to submit information required under subsection (a) in 
accordance with subsection (b)--
            ``(1) <<NOTE: Notification.>>  the Secretary shall issue a 
        letter to such person informing such person of such failure;
            ``(2) not later than 30 calendar days after the issuance of 
        a letter under paragraph (1), the person who receives such 
        letter shall submit to the Secretary a written response to such 
        letter setting forth the basis for noncompliance and providing 
        information required under subsection (a); and
            ``(3) <<NOTE: Public information. Web 
        posting. Determination.>>  not later than 45 calendar days after 
        the issuance of a letter under paragraph (1), the Secretary 
        shall make such letter and any response to such letter under 
        paragraph (2) available to the public on the internet website of 
        the Food and Drug Administration, with appropriate redactions 
        made to protect information described in subsection (d), except 
        that, if the Secretary determines that the letter under 
        paragraph (1) was issued in error or, after review of such 
        response, the

[[Page 134 STAT. 365]]

        person had a reasonable basis for not notifying as required 
        under subsection (a), the requirements of this paragraph shall 
        not apply.

    ``(f) Expedited Inspections and Reviews.--If, based on notifications 
described in subsection (a) or any other relevant information, the 
Secretary concludes that there is, or is likely to be, a shortage of an 
device, the Secretary shall, as appropriate--
            ``(1) prioritize and expedite the review of a submission 
        under section 513(f)(2), 515, review of a notification under 
        section 510(k), or 520(m) for a device that could help mitigate 
        or prevent such shortage; or
            ``(2) prioritize and expedite an inspection or reinspection 
        of an establishment that could help mitigate or prevent such 
        shortage.

    ``(g) Device Shortage List.--
            ``(1) <<NOTE: Determination.>>  Establishment.--The 
        Secretary shall establish and maintain an up-to-date list of 
        devices that are determined by the Secretary to be in shortage 
        in the United States.
            ``(2) Contents.--For each device included on the list under 
        paragraph (1), the Secretary shall include the following 
        information:
                    ``(A) The category or name of the device in 
                shortage.
                    ``(B) The name of each manufacturer of such device.
                    ``(C) The reason for the shortage, as determined by 
                the Secretary, selecting from the following categories:
                          ``(i) Requirements related to complying with 
                      good manufacturing practices.
                          ``(ii) Regulatory delay.
                          ``(iii) Shortage or discontinuance of a 
                      component or part.
                          ``(iv) Discontinuance of the manufacture of 
                      the device.
                          ``(v) Delay in shipping of the device.
                          ``(vi) Delay in sterilization of the device.
                          ``(vii) Demand increase for the device.
                          ``(viii) Facility closure.
                    ``(D) <<NOTE: Estimate. Determination.>>  The 
                estimated duration of the shortage as determined by the 
                Secretary.
            ``(3) Public availability.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), the Secretary shall make the information in the 
                list under paragraph (1) publicly available.
                    ``(B) Trade secrets and confidential information.--
                Nothing in this subsection shall be construed to alter 
                or amend section 1905 of title 18, United States Code, 
                or section 552(b)(4) of title 5 of such Code.
                    ``(C) <<NOTE: Determination.>>  Public health 
                exception.--The Secretary may elect not to make 
                information collected under this subsection publicly 
                available if the Secretary determines that disclosure of 
                such information would adversely affect the public 
                health (such as by increasing the possibility of 
                hoarding or other disruption of the availability of the 
                device to patients).

    ``(h) Rule of Construction.--Nothing in this section shall be 
construed to affect the authority of the Secretary on the date of 
enactment of this section to expedite the review of devices under 
section 515 of the Federal Food, Drug, and Cosmetic Act, section

[[Page 134 STAT. 366]]

515B of such Act relating to the priority review program for devices, 
and section 564 of such Act relating to the emergency use authorization 
authorities.
    ``(i) Definitions.--In this section:
            ``(1) Meaningful disruption.--The term `meaningful 
        disruption'--
                    ``(A) means a change in production that is 
                reasonably likely to lead to a reduction in the supply 
                of a device by a manufacturer that is more than 
                negligible and affects the ability of the manufacturer 
                to fill orders or meet expected demand for its product;
                    ``(B) does not include interruptions in 
                manufacturing due to matters such as routine maintenance 
                or insignificant changes in manufacturing so long as the 
                manufacturer expects to resume operations in a short 
                period of time, not to exceed 6 months;
                    ``(C) does not include interruptions in 
                manufacturing of components or raw materials so long as 
                such interruptions do not result in a shortage of the 
                device and the manufacturer expects to resume operations 
                in a reasonable period of time; and
                    ``(D) does not include interruptions in 
                manufacturing that do not lead to a reduction in 
                procedures or diagnostic tests associated with a medical 
                device designed to perform more than one procedure or 
                diagnostic test.
            ``(2) Shortage.--The term `shortage', with respect to a 
        device, means a period of time when the demand or projected 
        demand for the device within the United States exceeds the 
        supply of the device.''.

          PART II--ACCESS TO HEALTH CARE FOR COVID-19 PATIENTS

         Subpart A--Coverage of Testing and Preventive Services

SEC. 3201. COVERAGE OF DIAGNOSTIC TESTING FOR COVID-19.

    Paragraph (1) of section 6001(a) of division F of the Families First 
Coronavirus Response Act (Public Law 116-127) <<NOTE: Ante, p. 201.>>  
is amended to read as follows:
            ``(1) An in vitro diagnostic test defined in section 809.3 
        of title 21, Code of Federal Regulations (or successor 
        regulations) for the detection of SARS-CoV-2 or the diagnosis of 
        the virus that causes COVID-19, and the administration of such a 
        test, that--
                    ``(A) is approved, cleared, or authorized under 
                section 510(k), 513, 515, or 564 of the Federal Food, 
                Drug, and Cosmetic Act (21 U.S.C. 360(k), 360c, 360e, 
                360bbb-3);
                    ``(B) the developer has requested, or intends to 
                request, emergency use authorization under section 564 
                of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                360bbb-3), unless and until the emergency use 
                authorization request under such section 564 has been 
                denied or the developer of such test does not submit a 
                request under such section within a reasonable 
                timeframe;

[[Page 134 STAT. 367]]

                    ``(C) is developed in and authorized by a State that 
                has notified the Secretary of Health and Human Services 
                of its intention to review tests intended to diagnose 
                COVID-19; or
                    ``(D) other test that the Secretary determines 
                appropriate in guidance.''.
SEC. 3202. <<NOTE: 42 USC 256b note.>>  PRICING OF DIAGNOSTIC 
                          TESTING.

    (a) Reimbursement Rates.--A group health plan or a health insurance 
issuer providing coverage of items and services described in section 
6001(a) of division F of the Families First Coronavirus Response Act 
(Public Law 116-127) with respect to an enrollee shall reimburse the 
provider of the diagnostic testing as follows:
            (1) <<NOTE: Applicability.>>  If the health plan or issuer 
        has a negotiated rate with such provider in effect before the 
        public health emergency declared under section 319 of the Public 
        Health Service Act (42 U.S.C. 247d), such negotiated rate shall 
        apply throughout the period of such declaration.
            (2) <<NOTE: Reimbursement. Public information. Web 
        posting.>>  If the health plan or issuer does not have a 
        negotiated rate with such provider, such plan or issuer shall 
        reimburse the provider in an amount that equals the cash price 
        for such service as listed by the provider on a public internet 
        website, or such plan or issuer may negotiate a rate with such 
        provider for less than such cash price.

    (b) Requirement to Publicize Cash Price for Diagnostic Testing for 
COVID-19.--
            (1) <<NOTE: Web posting.>>  In general.--During the 
        emergency period declared under section 319 of the Public Health 
        Service Act (42 U.S.C. 247d), each provider of a diagnostic test 
        for COVID-19 shall make public the cash price for such test on a 
        public internet website of such provider.
            (2) <<NOTE: Compliance.>>  Civil monetary penalties.--The 
        Secretary of Health and Human Services may impose a civil 
        monetary penalty on any provider of a diagnostic test for COVID-
        19 that is not in compliance with paragraph (1) and has not 
        completed a corrective action plan to comply with the 
        requirements of such paragraph, in an amount not to exceed $300 
        per day that the violation is ongoing.
SEC. 3203. <<NOTE: 42 USC 300gg-13 note.>>  RAPID COVERAGE OF 
                          PREVENTIVE SERVICES AND VACCINES FOR 
                          CORONAVIRUS.

    (a) <<NOTE: Regulations.>>  In General.--Notwithstanding 2713(b) of 
the Public Health Service Act (42 U.S.C. 300gg-13), the Secretary of 
Health and Human Services, the Secretary of Labor, and the Secretary of 
the Treasury shall require group health plans and health insurance 
issuers offering group or individual health insurance to cover (without 
cost-sharing) any qualifying coronavirus preventive service, pursuant to 
section 2713(a) of the Public Health Service Act (42 U.S.C. 300gg-13(a)) 
(including the regulations under sections 2590.715-2713 of title 29, 
Code of Federal Regulations, section 54.9815-2713 of title 26, Code of 
Federal Regulations, and section 147.130 of title 45, Code of Federal 
Regulations (or any successor regulations)). <<NOTE: Effective date.>>  
The requirement described in this subsection shall take effect with 
respect to a qualifying coronavirus preventive service on the specified 
date described in subsection (b)(2).

    (b) Definitions.--For purposes of this section:
            (1) Qualifying coronavirus preventive service.--The term 
        ``qualifying coronavirus preventive service'' means an item,

[[Page 134 STAT. 368]]

        service, or immunization that is intended to prevent or mitigate 
        coronavirus disease 2019 and that is--
                    (A) an evidence-based item or service that has in 
                effect a rating of ``A'' or ``B'' in the current 
                recommendations of the United States Preventive Services 
                Task Force; or
                    (B) an immunization that has in effect a 
                recommendation from the Advisory Committee on 
                Immunization Practices of the Centers for Disease 
                Control and Prevention with respect to the individual 
                involved.
            (2) <<NOTE: Time period. Recommenda- tion.>>  Specified 
        date.--The term ``specified date'' means the date that is 15 
        business days after the date on which a recommendation is made 
        relating to the qualifying coronavirus preventive service as 
        described in such paragraph.
            (3) Additional terms.--In this section, the terms ``group 
        health plan'', ``health insurance issuer'', ``group health 
        insurance coverage'', and ``individual health insurance 
        coverage'' have the meanings given such terms in section 2791 of 
        the Public Health Service Act (42 U.S.C. 300gg-91), section 733 
        of the Employee Retirement Income Security Act of 1974 (29 
        U.S.C. 1191b), and section 9832 of the Internal Revenue Code, as 
        applicable.

              Subpart B--Support for Health Care Providers

SEC. 3211. SUPPLEMENTAL AWARDS FOR HEALTH CENTERS.

    (a) Supplemental Awards.--Section 330(r) of the Public Health 
Service Act (42 U.S.C. 254b(r)) is amended by adding at the end the 
following:
            ``(6) Additional amounts for supplemental awards.--In 
        addition to any amounts made available pursuant to this 
        subsection, section 402A of this Act, or section 10503 of the 
        Patient Protection and Affordable Care Act, there is authorized 
        to be appropriated, and there is appropriated, out of any monies 
        in the Treasury not otherwise appropriated, $1,320,000,000 for 
        fiscal year 2020 for supplemental awards under subsection (d) 
        for the detection of SARS-CoV-2 or the prevention, diagnosis, 
        and treatment of COVID-19.''.

    (b) Application of Provisions.--Amounts appropriated pursuant to the 
amendment made by subsection (a) for fiscal year 2020 shall be subject 
to the requirements contained in Public Law 116-94 for funds for 
programs authorized under sections 330 through 340 of the Public Health 
Service Act (42 U.S.C. 254 through 256).
SEC. 3212. TELEHEALTH NETWORK AND TELEHEALTH RESOURCE CENTERS 
                          GRANT PROGRAMS.

    Section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is 
amended--
            (1) in subsection (d)--
                    (A) in paragraph (1)--
                          (i) in the matter preceding subparagraph (A), 
                      by striking ``projects to demonstrate how 
                      telehealth technologies can be used through 
                      telehealth networks'' and inserting ``evidence-
                      based projects that utilize telehealth 
                      technologies through telehealth networks'';
                          (ii) in subparagraph (A)--
                                    (I) by striking ``the quality of'' 
                                and inserting ``access to, and the 
                                quality of,''; and
                                    (II) by inserting ``and'' after the 
                                semicolon;

[[Page 134 STAT. 369]]

                          (iii) by striking subparagraph (B);
                          (iv) by redesignating subparagraph (C) as 
                      subparagraph (B); and
                          (v) in subparagraph (B), as so redesignated, 
                      by striking ``and patients and their families, for 
                      decisionmaking'' and inserting ``, patients, and 
                      their families''; and
                    (B) in paragraph (2)--
                          (i) by striking ``demonstrate how telehealth 
                      technologies can be used'' and inserting ``support 
                      initiatives that utilize telehealth 
                      technologies''; and
                          (ii) by striking ``, to establish telehealth 
                      resource centers'';
            (2) in subsection (e), by striking ``4 years'' and inserting 
        ``5 years'';
            (3) in subsection (f)--
                    (A) by striking paragraph (2);
                    (B) in paragraph (1)(B)--
                          (i) by redesignating clauses (i) through (iii) 
                      as paragraphs (1) through (3), respectively, and 
                      adjusting the margins accordingly;
                          (ii) in paragraph (3), as so redesignated by 
                      clause (i), by redesignating subclauses (I) 
                      through (XII) as subparagraphs (A) through (L), 
                      respectively, and adjusting the margins 
                      accordingly; and
                          (iii) by striking ``(1) Telehealth network 
                      grants--'' and all that follows through ``(B) 
                      Telehealth networks--''; and
                    (C) in paragraph (3)(I), as so redesignated, by 
                inserting ``and substance use disorder'' after ``mental 
                health'' each place such term appears;
            (4) in subsection (g)(2), by striking ``or improve'' and 
        inserting ``and improve'';
            (5) by striking subsection (h);
            (6) by redesignating subsections (i) through (p) as 
        subsection (h) through (o), respectively;
            (7) in subsection (h), as so redesignated--
                    (A) in paragraph (1)--
                          (i) in subparagraph (B), by striking ``mental 
                      health, public health, long-term care, home care, 
                      preventive'' and inserting ``mental health care, 
                      public health services, long-term care, home care, 
                      preventive care'';
                          (ii) in subparagraph (E), by inserting ``and 
                      regional'' after ``local''; and
                          (iii) by striking subparagraph (F); and
                    (B) in paragraph (2)(A), by striking ``medically 
                underserved areas or'' and inserting ``rural areas, 
                medically underserved areas, or'';
            (8) in paragraph (2) of subsection (i), as so redesignated, 
        by striking ``ensure that--'' and all that follows through the 
        end of subparagraph (B) and inserting ``ensure that not less 
        than 50 percent of the funds awarded shall be awarded for 
        projects in rural areas.'';
            (9) in subsection (j), as so redesignated--
                    (A) in paragraph (1)(B), by striking ``computer 
                hardware and software, audio and video equipment, 
                computer

[[Page 134 STAT. 370]]

                network equipment, interactive equipment, data terminal 
                equipment, and other''; and
                    (B) in paragraph (2)(F), by striking ``health care 
                providers and'';
            (10) in subsection (k), as so redesignated--
                    (A) in paragraph (2), by striking ``40 percent'' and 
                inserting ``20 percent''; and
                    (B) in paragraph (3), by striking ``(such as laying 
                cable or telephone lines, or purchasing or installing 
                microwave towers, satellite dishes, amplifiers, or 
                digital switching equipment)'';
            (11) by striking subsections (q) and (r) and inserting the 
        following:

    ``(p) Report.--Not later than 4 years after the date of enactment of 
the Coronavirus Aid, Relief, and Economic Security Act, and every 5 
years thereafter, the Secretary shall prepare and submit to the 
Committee on Health, Education, Labor, and Pensions of the Senate and 
the Committee on Energy and Commerce of the House of Representatives a 
report on the activities and outcomes of the grant programs under 
subsection (b).'';
            (12) by redesignating subsection (s) as subsection (q); and
            (13) in subsection (q), as so redesignated, by striking 
        ``this section--'' and all that follows through the end of 
        paragraph (2) and inserting ``this section $29,000,000 for each 
        of fiscal years 2021 through 2025.''.
SEC. 3213. RURAL HEALTH CARE SERVICES OUTREACH, RURAL HEALTH 
                          NETWORK DEVELOPMENT, AND SMALL HEALTH 
                          CARE PROVIDER QUALITY IMPROVEMENT GRANT 
                          PROGRAMS.

    Section 330A of the Public Health Service Act (42 U.S.C. 254c) is 
amended--
            (1) in subsection (d)(2)--
                    (A) in subparagraph (A), by striking ``essential'' 
                and inserting ``basic''; and
                    (B) in subparagraph (B)--
                          (i) in the matter preceding clause (i), by 
                      inserting ``to'' after ``grants''; and
                          (ii) in clauses (i), (ii), and (iii), by 
                      striking ``to'' each place such term appears;
            (2) in subsection (e)--
                    (A) in paragraph (1)--
                          (i) by inserting ``improving and'' after 
                      ``outreach by'';
                          (ii) by inserting ``, through community 
                      engagement and evidence-based or innovative, 
                      evidence-informed models'' before the period of 
                      the first sentence; and
                          (iii) by striking ``3 years'' and inserting 
                      ``5 years'';
                    (B) in paragraph (2)--
                          (i) in the matter preceding subparagraph (A), 
                      by inserting ``shall'' after ``entity'';
                          (ii) in subparagraph (A), by striking ``shall 
                      be a rural public or rural nonprofit private 
                      entity'' and inserting ``be an entity with 
                      demonstrated experience serving, or the capacity 
                      to serve, rural underserved populations'';

[[Page 134 STAT. 371]]

                          (iii) in subparagraphs (B) and (C), by 
                      striking ``shall'' each place such term appears; 
                      and
                          (iv) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i), by inserting ``that'' after 
                                ``members''; and
                                    (II) in clauses (i) and (ii), by 
                                striking ``that'' each place such term 
                                appears; and
                    (C) in paragraph (3)(C), by striking ``the local 
                community or region'' and inserting ``the rural 
                underserved populations in the local community or 
                region'';
            (3) in subsection (f)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``promote, through 
                                planning and implementation, the 
                                development of integrated health care 
                                networks that have combined the 
                                functions of the entities participating 
                                in the networks'' and inserting ``plan, 
                                develop, and implement integrated health 
                                care networks that collaborate''; and
                                    (II) in clause (ii), by striking 
                                ``essential health care services'' and 
                                inserting ``basic health care services 
                                and associated health outcomes''; and
                          (ii) by amending subparagraph (B) to read as 
                      follows:
                    ``(B) Grant periods.--The Director may award grants 
                under this subsection for periods of not more than 5 
                years.'';
                    (B) in paragraph (2)--
                          (i) in the matter preceding subparagraph (A), 
                      by inserting ``shall'' after ``entity'';
                          (ii) in subparagraph (A), by striking ``shall 
                      be a rural public or rural nonprofit private 
                      entity'' and inserting ``be an entity with 
                      demonstrated experience serving, or the capacity 
                      to serve, rural underserved populations'';
                          (iii) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i)--
                                            (aa) by striking ``shall''; 
                                        and
                                            (bb) by inserting ``that'' 
                                        after ``participants''; and
                                    (II) in clauses (i) and (ii), by 
                                striking ``that'' each place such term 
                                appears; and
                          (iv) in subparagraph (C), by striking 
                      ``shall''; and
                    (C) in paragraph (3)--
                          (i) by amending clause (iii) of subparagraph 
                      (C) to read as follows:
                          ``(iii) how the rural underserved populations 
                      in the local community or region to be served will 
                      benefit from and be involved in the development 
                      and ongoing operations of the network;''; and
                          (ii) in subparagraph (D), by striking ``the 
                      local community or region'' and inserting ``the 
                      rural underserved populations in the local 
                      community or region'';
            (4) in subsection (g)--
                    (A) in paragraph (1)--

[[Page 134 STAT. 372]]

                          (i) by inserting ``, including activities 
                      related to increasing care coordination, enhancing 
                      chronic disease management, and improving patient 
                      health outcomes'' before the period of the first 
                      sentence; and
                          (ii) by striking ``3 years'' and inserting ``5 
                      years'';
                    (B) in paragraph (2)--
                          (i) in the matter preceding subparagraph (A), 
                      by inserting ``shall'' after ``entity'';
                          (ii) in subparagraphs (A) and (B), by striking 
                      ``shall'' each place such term appears; and
                          (iii) in subparagraph (A)(ii), by inserting 
                      ``or regional'' after ``local''; and
                    (C) in paragraph (3)(D), by striking ``the local 
                community or region'' and inserting ``the rural 
                underserved populations in the local community or 
                region'';
            (5) in subsection (h)(3), in the matter preceding 
        subparagraph (A), by inserting ``, as appropriate,'' after ``the 
        Secretary'';
            (6) by amending subsection (i) to read as follows:

    ``(i) Report.--Not later than 4 years after the date of enactment of 
the Coronavirus Aid, Relief, and Economic Security Act, and every 5 
years thereafter, the Secretary shall prepare and submit to the 
Committee on Health, Education, Labor, and Pensions of the Senate and 
the Committee on Energy and Commerce of the House of Representatives a 
report on the activities and outcomes of the grant programs under 
subsections (e), (f), and (g), including the impact of projects funded 
under such programs on the health status of rural residents with chronic 
conditions.''; and
            (7) in subsection (j), by striking ``$45,000,000 for each of 
        fiscal years 2008 through 2012'' and inserting ``$79,500,000 for 
        each of fiscal years 2021 through 2025''.
SEC. 3214. UNITED STATES PUBLIC HEALTH SERVICE MODERNIZATION.

    (a) Commissioned Corps and Ready Reserve Corps.--Section 203 of the 
Public Health Service Act (42 U.S.C. 204) is amended--
            (1) in subsection (a)(1), by striking ``a Ready Reserve 
        Corps for service in time of national emergency'' and inserting 
        ``, for service in time of a public health or national 
        emergency, a Ready Reserve Corps''; and
            (2) in subsection (c)--
                    (A) in the heading, by striking ``Research'' and 
                inserting ``Reserve Corps'';
                    (B) in paragraph (1), by inserting ``during public 
                health or national emergencies'' before the period;
                    (C) in paragraph (2)--
                          (i) in the matter preceding subparagraph (A), 
                      by inserting ``, consistent with paragraph (1)'' 
                      after ``shall'';
                          (ii) in subparagraph (C), by inserting 
                      ``during such emergencies'' after ``members''; and
                          (iii) in subparagraph (D), by inserting ``, 
                      consistent with subparagraph (C)'' before the 
                      period; and
                    (D) by adding at the end the following:
            ``(3) Statutory references to reserve.--A reference in any 
        Federal statute, except in the case of subsection (b), to the 
        `Reserve Corps' of the Public Health Service or to the `reserve' 
        of the Public Health Service shall be deemed to be a reference 
        to the Ready Reserve Corps.''.

[[Page 134 STAT. 373]]

    (b) Deployment Readiness.--Section 203A(a)(1)(B) of the Public 
Health Service Act (42 U.S.C. 204a(a)(1)(B)) is amended by striking 
``Active Reserves'' and inserting ``Ready Reserve Corps''.
    (c) Retirement of Commissioned Officers.--Section 211 of the Public 
Health Service Act (42 U.S.C. 212) is amended--
            (1) by striking ``the Service'' each place it appears and 
        inserting ``the Regular Corps'';
            (2) in subsection (a)(4), by striking ``(in the case of an 
        officer in the Reserve Corps)'';
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                          (i) by striking ``or an officer of the Reserve 
                      Corps''; and
                          (ii) by inserting ``or under section 
                      221(a)(19)'' after ``subsection (a)''; and
                    (B) in paragraph (2), by striking ``Regular or 
                Reserve Corps'' and inserting ``Regular Corps or Ready 
                Reserve Corps''; and
            (4) in subsection (f), by striking ``the Regular or Reserve 
        Corps of''.

    (d) Rights, Privileges, etc. of Officers and Surviving 
Beneficiaries.--Section 221 of the Public Health Service Act (42 U.S.C. 
213a) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(19) Chapter 1223, Retired Pay for Non-Regular Service.
            ``(20) Section 12601, Compensation: Reserve on active duty 
        accepting from any person.
            ``(21) Section 12684, Reserves: separation for absence 
        without authority or sentence to imprisonment.''; and
            (2) in subsection (b)--
                    (A) by striking ``Secretary of Health, Education, 
                and Welfare or his designee'' and inserting ``Secretary 
                of Health and Human Services or the designee of such 
                secretary'';
                    (B) by striking ``(b) The authority vested'' and 
                inserting the following:

    ``(b)(1) The authority vested'';
                    (C) by striking ``For purposes of'' and inserting 
                the following:

    ``(2) For purposes of''; and
                    (D) by adding at the end the following:

    ``(3) <<NOTE: Definitions.>>  For purposes of paragraph (19) of 
subsection (a), the terms `Military department', `Secretary concerned', 
and `Armed forces' in such title 10 shall be deemed to include, 
respectively, the Department of Health and Human Services, the Secretary 
of Health and Human Services, and the Commissioned Corps.''.

    (e) Technical Amendments.--Title II of the Public Health Service Act 
(42 U.S.C. 202 et seq.) is amended--
            (1) <<NOTE: 42 USC 205, 209.>>  in sections 204 and 207(c), 
        by striking ``Regular or Reserve Corps'' each place it appears 
        and inserting ``Regular Corps or Ready Reserve Corps'';
            (2) <<NOTE: 42 USC 210.>>  in section 208(a), by striking 
        ``Regular and Reserve Corps'' each place it appears and 
        inserting ``Regular Corps and Ready Reserve Corps''; and
            (3) <<NOTE: 42 USC 206, 207, 211, 210-1, 209.>>  in section 
        205(c), 206(c), 210, and 219, and in subsections (a), (b), and 
        (d) of section 207, by striking ``Reserve Corps'' each place it 
        appears and inserting ``Ready Reserve Corps''.

[[Page 134 STAT. 374]]

SEC. 3215. <<NOTE: 42 USC 234 note.>>  LIMITATION ON LIABILITY FOR 
                          VOLUNTEER HEALTH CARE PROFESSIONALS 
                          DURING COVID-19 EMERGENCY RESPONSE.

    (a) Limitation on Liability.--Except as provided in subsection (b), 
a health care professional shall not be liable under Federal or State 
law for any harm caused by an act or omission of the professional in the 
provision of health care services during the public health emergency 
with respect to COVID-19 declared by the Secretary of Health and Human 
Services (referred to in this section as the ``Secretary'') under 
section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 
31, 2020, if--
            (1) the professional is providing health care services in 
        response to such public health emergency, as a volunteer; and
            (2) the act or omission occurs--
                    (A) in the course of providing health care services;
                    (B) in the health care professional's capacity as a 
                volunteer;
                    (C) in the course of providing health care services 
                that--
                          (i) are within the scope of the license, 
                      registration, or certification of the volunteer, 
                      as defined by the State of licensure, 
                      registration, or certification; and
                          (ii) do not exceed the scope of license, 
                      registration, or certification of a substantially 
                      similar health professional in the State in which 
                      such act or omission occurs; and
                    (D) in a good faith belief that the individual being 
                treated is in need of health care services.

    (b) Exceptions.--Subsection (a) does not apply if--
            (1) the harm was caused by an act or omission constituting 
        willful or criminal misconduct, gross negligence, reckless 
        misconduct, or a conscious flagrant indifference to the rights 
        or safety of the individual harmed by the health care 
        professional; or
            (2) the health care professional rendered the health care 
        services under the influence (as determined pursuant to 
        applicable State law) of alcohol or an intoxicating drug.

    (c) Preemption.--
            (1) In general.--This section preempts the laws of a State 
        or any political subdivision of a State to the extent that such 
        laws are inconsistent with this section, unless such laws 
        provide greater protection from liability.
            (2) Volunteer protection act.--Protections afforded by this 
        section are in addition to those provided by the Volunteer 
        Protection Act of 1997 (Public Law 105-19).

    (d) Definitions.--In this section--
            (1) the term ``harm'' includes physical, nonphysical, 
        economic, and noneconomic losses;
            (2) the term ``health care professional'' means an 
        individual who is licensed, registered, or certified under 
        Federal or State law to provide health care services;
            (3) the term ``health care services'' means any services 
        provided by a health care professional, or by any individual 
        working under the supervision of a health care professional that 
        relate to--
                    (A) the diagnosis, prevention, or treatment of 
                COVID-19; or

[[Page 134 STAT. 375]]

                    (B) the assessment or care of the health of a human 
                being related to an actual or suspected case of COVID-
                19; and
            (4) the term ``volunteer'' means a health care professional 
        who, with respect to the health care services rendered, does not 
        receive compensation or any other thing of value in lieu of 
        compensation, which compensation--
                    (A) includes a payment under any insurance policy or 
                health plan, or under any Federal or State health 
                benefits program; and
                    (B) excludes--
                          (i) receipt of items to be used exclusively 
                      for rendering health care services in the health 
                      care professional's capacity as a volunteer 
                      described in subsection (a)(1); and
                          (ii) any reimbursement for travel to the site 
                      where the volunteer services are rendered and any 
                      payments in cash or kind to cover room and board, 
                      if services are being rendered more than 75 miles 
                      from the volunteer's principal place of residence.

    (e) <<NOTE: Applicability.>>  Effective Date.--This section shall 
take effect upon the date of enactment of this Act, and applies to a 
claim for harm only if the act or omission that caused such harm 
occurred on or after the date of enactment.

    (f) Sunset.--This section shall be in effect only for the length of 
the public health emergency declared by the Secretary of Health and 
Human Services (referred to in this section as the ``Secretary'') under 
section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 
31, 2020 with respect to COVID-19.
SEC. 3216. <<NOTE: 42 USC 254f note.>>  FLEXIBILITY FOR MEMBERS OF 
                          NATIONAL HEALTH SERVICE CORPS DURING 
                          EMERGENCY PERIOD.

    During the public health emergency declared by the Secretary of 
Health and Human Services under section 319 of the Public Health Service 
Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19, the 
Secretary may, notwithstanding section 333 of the Public Health Service 
Act (42 U.S.C. 254f), assign members of the National Health Service 
Corps, with the voluntary agreement of such corps members, to provide 
such health services at such places, and for such number of hours, as 
the Secretary determines necessary to respond to such emergency, 
provided that such places are within a reasonable distance of the site 
to which such members were originally assigned, and the total number of 
hours required are the same as were required of such members prior to 
the date of enactment of this Act.

                   Subpart C--Miscellaneous Provisions

SEC. 3221. <<NOTE: 42 USC 290dd-2 note.>>  CONFIDENTIALITY AND 
                          DISCLOSURE OF RECORDS RELATING TO 
                          SUBSTANCE USE DISORDER.

    (a) Conforming Changes Relating to Substance Use Disorder.--
Subsections (a) and (h) of section 543 of the Public Health Service Act 
(42 U.S.C. 290dd-2) are each amended by striking ``substance abuse'' and 
inserting ``substance use disorder''.
    (b) Disclosures to Covered Entities Consistent With HIPAA.--
Paragraph (1) of section 543(b) of the Public Health Service Act (42 
U.S.C. 290dd-2(b)) is amended to read as follows:

[[Page 134 STAT. 376]]

            ``(1) <<NOTE: Applicability.>>  Consent.--The following 
        shall apply with respect to the contents of any record referred 
        to in subsection (a):
                    ``(A) Such contents may be used or disclosed in 
                accordance with the prior written consent of the patient 
                with respect to whom such record is maintained.
                    ``(B) Once prior written consent of the patient has 
                been obtained, such contents may be used or disclosed by 
                a covered entity, business associate, or a program 
                subject to this section for purposes of treatment, 
                payment, and health care operations as permitted by the 
                HIPAA regulations. Any information so disclosed may then 
                be redisclosed in accordance with the HIPAA regulations. 
                Section 13405(c) of the Health Information Technology 
                and Clinical Health Act (42 U.S.C. 17935(c)) shall apply 
                to all disclosures pursuant to subsection (b)(1) of this 
                section.
                    ``(C) It shall be permissible for a patient's prior 
                written consent to be given once for all such future 
                uses or disclosures for purposes of treatment, payment, 
                and health care operations, until such time as the 
                patient revokes such consent in writing.
                    ``(D) Section 13405(a) of the Health Information 
                Technology and Clinical Health Act (42 U.S.C. 17935(a)) 
                shall apply to all disclosures pursuant to subsection 
                (b)(1) of this section.''.

    (c) Disclosures of De-Identified Health Information to Public Health 
Authorities.--Paragraph (2) of section 543(b) of the Public Health 
Service Act (42 U.S.C. 290dd-2(b)), is amended by adding at the end the 
following:
                    ``(D) To a public health authority, so long as such 
                content meets the standards established in section 
                164.514(b) of title 45, Code of Federal Regulations (or 
                successor regulations) for creating de-identified 
                information.''.

    (d) Definitions.--Section 543 of the Public Health Service Act (42 
U.S.C. 290dd-2) is amended by adding at the end the following:
    ``(k) Definitions.--For purposes of this section:
            ``(1) Breach.--The term `breach' has the meaning given such 
        term for purposes of the HIPAA regulations.
            ``(2) Business associate.--The term `business associate' has 
        the meaning given such term for purposes of the HIPAA 
        regulations.
            ``(3) Covered entity.--The term `covered entity' has the 
        meaning given such term for purposes of the HIPAA regulations.
            ``(4) Health care operations.--The term `health care 
        operations' has the meaning given such term for purposes of the 
        HIPAA regulations.
            ``(5) HIPAA regulations.--The term `HIPAA regulations' has 
        the meaning given such term for purposes of parts 160 and 164 of 
        title 45, Code of Federal Regulations.
            ``(6) Payment.--The term `payment' has the meaning given 
        such term for purposes of the HIPAA regulations.
            ``(7) Public health authority.--The term `public health 
        authority' has the meaning given such term for purposes of the 
        HIPAA regulations.
            ``(8) Treatment.--The term `treatment' has the meaning given 
        such term for purposes of the HIPAA regulations.

[[Page 134 STAT. 377]]

            ``(9) Unsecured protected health information.--The term 
        `unprotected health information' has the meaning given such term 
        for purposes of the HIPAA regulations.''.

    (e) Use of Records in Criminal, Civil, or Administrative 
Investigations, Actions, or Proceedings.--Subsection (c) of section 543 
of the Public Health Service Act (42 U.S.C. 290dd-2(c)) is amended to 
read as follows:
    ``(c) Use of Records in Criminal, Civil, or Administrative 
Contexts.--Except as otherwise authorized by a court order under 
subsection (b)(2)(C) or by the consent of the patient, a record referred 
to in subsection (a), or testimony relaying the information contained 
therein, may not be disclosed or used in any civil, criminal, 
administrative, or legislative proceedings conducted by any Federal, 
State, or local authority, against a patient, including with respect to 
the following activities:
            ``(1) Such record or testimony shall not be entered into 
        evidence in any criminal prosecution or civil action before a 
        Federal or State court.
            ``(2) Such record or testimony shall not form part of the 
        record for decision or otherwise be taken into account in any 
        proceeding before a Federal, State, or local agency.
            ``(3) Such record or testimony shall not be used by any 
        Federal, State, or local agency for a law enforcement purpose or 
        to conduct any law enforcement investigation.
            ``(4) Such record or testimony shall not be used in any 
        application for a warrant.''.

    (f) Penalties.--Subsection (f) of section 543 of the Public Health 
Service Act (42 U.S.C. 290dd-2) is amended to read as follows:
    ``(f) <<NOTE: Applicability.>>  Penalties.--The provisions of 
sections 1176 and 1177 of the Social Security Act shall apply to a 
violation of this section to the extent and in the same manner as such 
provisions apply to a violation of part C of title XI of such Act. In 
applying the previous sentence--
            ``(1) the reference to `this subsection' in subsection 
        (a)(2) of such section 1176 shall be treated as a reference to 
        `this subsection (including as applied pursuant to section 
        543(f) of the Public Health Service Act)'; and
            ``(2) in subsection (b) of such section 1176--
                    ``(A) each reference to `a penalty imposed under 
                subsection (a)' shall be treated as a reference to `a 
                penalty imposed under subsection (a) (including as 
                applied pursuant to section 543(f) of the Public Health 
                Service Act)'; and
                    ``(B) each reference to `no damages obtained under 
                subsection (d)' shall be treated as a reference to `no 
                damages obtained under subsection (d) (including as 
                applied pursuant to section 543(f) of the Public Health 
                Service Act)'.''.

    (g) Antidiscrimination.--Section 543 of the Public Health Service 
Act (42 U.S.C. 290dd-2) is amended by inserting after subsection (h) the 
following:
    ``(i) Antidiscrimination.--
            ``(1) In general.--No entity shall discriminate against an 
        individual on the basis of information received by such entity 
        pursuant to an inadvertent or intentional disclosure of records,

[[Page 134 STAT. 378]]

        or information contained in records, described in subsection (a) 
        in--
                    ``(A) admission, access to, or treatment for health 
                care;
                    ``(B) hiring, firing, or terms of employment, or 
                receipt of worker's compensation;
                    ``(C) the sale, rental, or continued rental of 
                housing;
                    ``(D) access to Federal, State, or local courts; or
                    ``(E) access to, approval of, or maintenance of 
                social services and benefits provided or funded by 
                Federal, State, or local governments.
            ``(2) Recipients of federal funds.--No recipient of Federal 
        funds shall discriminate against an individual on the basis of 
        information received by such recipient pursuant to an 
        intentional or inadvertent disclosure of such records or 
        information contained in records described in subsection (a) in 
        affording access to the services provided with such funds.''.

    (h) Notification in Case of Breach.--Section 543 of the Public 
Health Service Act (42 U.S.C. 290dd-2), as amended by subsection (g), is 
further amended by inserting after subsection (i) the following:
    ``(j) <<NOTE: Applicability.>>  Notification in Case of Breach.--The 
provisions of section 13402 of the HITECH Act (42 U.S.C. 17932) shall 
apply to a program or activity described in subsection (a), in case of a 
breach of records described in subsection (a), to the same extent and in 
the same manner as such provisions apply to a covered entity in the case 
of a breach of unsecured protected health information.''.

    (i) <<NOTE: Consultation. 42 USC 290dd-2 note.>>  Regulations.--
            (1) <<NOTE: Applicability. Time period.>>  In general.--The 
        Secretary of Health and Human Services, in consultation with 
        appropriate Federal agencies, shall make such revisions to 
        regulations as may be necessary for implementing and enforcing 
        the amendments made by this section, such that such amendments 
        shall apply with respect to uses and disclosures of information 
        occurring on or after the date that is 12 months after the date 
        of enactment of this Act.
            (2) <<NOTE: Deadline. Update.>>  Easily understandable 
        notice of privacy practices.--Not later than 1 year after the 
        date of enactment of this Act, the Secretary of Health and Human 
        Services, in consultation with appropriate legal, clinical, 
        privacy, and civil rights experts, shall update section 164.520 
        of title 45, Code of Federal Regulations, so that covered 
        entities and entities creating or maintaining the records 
        described in subsection (a) provide notice, written in plain 
        language, of privacy practices regarding patient records 
        referred to in section 543(a) of the Public Health Service Act 
        (42 U.S.C. 290dd-2(a)), including--
                    (A) a statement of the patient's rights, including 
                self-pay patients, with respect to protected health 
                information and a brief description of how the 
                individual may exercise these rights (as required by 
                subsection (b)(1)(iv) of such section 164.520); and
                    (B) a description of each purpose for which the 
                covered entity is permitted or required to use or 
                disclose protected health information without the 
                patient's written authorization (as required by 
                subsection (b)(2) of such section 164.520).

[[Page 134 STAT. 379]]

    (j) <<NOTE: 42 USC 290dd-2 note.>>  Rules of Construction.--Nothing 
in this Act or the amendments made by this Act shall be construed to 
limit--
            (1) a patient's right, as described in section 164.522 of 
        title 45, Code of Federal Regulations, or any successor 
        regulation, to request a restriction on the use or disclosure of 
        a record referred to in section 543(a) of the Public Health 
        Service Act (42 U.S.C. 290dd-2(a)) for purposes of treatment, 
        payment, or health care operations; or
            (2) a covered entity's choice, as described in section 
        164.506 of title 45, Code of Federal Regulations, or any 
        successor regulation, to obtain the consent of the individual to 
        use or disclose a record referred to in such section 543(a) to 
        carry out treatment, payment, or health care operation.

    (k) Sense of Congress.--It is the sense of the Congress that--
            (1) any person treating a patient through a program or 
        activity with respect to which the confidentiality requirements 
        of section 543 of the Public Health Service Act (42 U.S.C. 
        290dd-2) apply is encouraged to access the applicable State-
        based prescription drug monitoring program when clinically 
        appropriate;
            (2) patients have the right to request a restriction on the 
        use or disclosure of a record referred to in section 543(a) of 
        the Public Health Service Act (42 U.S.C. 290dd-2(a)) for 
        treatment, payment, or health care operations;
            (3) covered entities should make every reasonable effort to 
        the extent feasible to comply with a patient's request for a 
        restriction regarding such use or disclosure;
            (4) for purposes of applying section 164.501 of title 45, 
        Code of Federal Regulations, the definition of health care 
        operations shall have the meaning given such term in such 
        section, except that clause (v) of paragraph (6) shall not 
        apply; and
            (5) programs creating records referred to in section 543(a) 
        of the Public Health Service Act (42 U.S.C. 290dd-2(a)) should 
        receive positive incentives for discussing with their patients 
        the benefits to consenting to share such records.
SEC. 3222. <<NOTE: 42 USC 3030e note.>>  NUTRITION SERVICES.

    (a) Definitions.--In this section, the terms ``Assistant 
Secretary'', ``Secretary'', ``State agency'', and ``area agency on 
aging'' have the meanings given the terms in section 102 of the Older 
Americans Act of 1965 (42 U.S.C. 3002).
    (b) Nutrition Services Transfer Criteria.--During any portion of the 
COVID-19 public health emergency declared under section 319 of the 
Public Health Service Act (42 U.S.C. 247d), the Secretary shall allow a 
State agency or an area agency on aging, without prior approval, to 
transfer not more than 100 percent of the funds received by the State 
agency or area agency on aging, respectively, and attributable to funds 
appropriated under paragraph (1) or (2) of section 303(b) of the Older 
Americans Act of 1965 (42 U.S.C. 3023(b)), between subpart 1 and subpart 
2 of part C (42 U.S.C. 3030d-2 et seq.) for such use as the State agency 
or area agency on aging, respectively, considers appropriate to meet the 
needs of the State or area served.
    (c) Home-delivered Nutrition Services Waiver.--For purposes of State 
agencies' determining the delivery of nutrition services under section 
337 of the Older Americans Act of 1965 (42 U.S.C. 3030g), during the 
period of the COVID-19 public health

[[Page 134 STAT. 380]]

emergency declared under section 319 of the Public Health Service Act 
(42 U.S.C. 247d), the same meaning shall be given to an individual who 
is unable to obtain nutrition because the individual is practicing 
social distancing due to the emergency as is given to an individual who 
is homebound by reason of illness.
    (d) Dietary Guidelines Waiver.--To facilitate implementation of 
subparts 1 and 2 of part C of title III of the Older Americans Act of 
1965 (42 U.S.C. 3030d-2 et seq.) during any portion of the COVID-19 
public health emergency declared under section 319 of the Public Health 
Service Act (42 U.S.C. 247d), the Assistant Secretary may waive the 
requirements for meals provided under those subparts to comply with the 
requirements of clauses (i) and (ii) of section 339(2)(A) of such Act 
(42 U.S.C. 3030g-21(2)(A)).
SEC. 3223. <<NOTE: Determinations. 42 USC 3056 note.>>  CONTINUITY 
                          OF SERVICE AND OPPORTUNITIES FOR 
                          PARTICIPANTS IN COMMUNITY SERVICE 
                          ACTIVITIES UNDER TITLE V OF THE OLDER 
                          AMERICANS ACT OF 1965.

     To ensure continuity of service and opportunities for participants 
in community service activities under title V of the Older Americans Act 
of 1965 (42 U.S.C. 3056 et seq.), the Secretary of Labor--
            (1)(A) may allow individuals participating in projects under 
        such title as of March 1, 2020, to extend their participation 
        for a period that exceeds the period described in section 
        518(a)(3)(B)(i) of such Act (42 U.S.C. 3056p(a)(3)(B)(i)) if the 
        Secretary determines such extension is appropriate due to the 
        effects of the COVID-19 public health emergency declared under 
        section 319 of the Public Health Service Act (42 U.S.C. 247d); 
        and
            (B) may increase the average participation cap for eligible 
        individuals applicable to grantees as described in section 
        502(b)(1)(C) of the Older Americans Act of 1965 (42 U.S.C. 
        3056(b)(1)(C)) to a cap the Secretary determines is appropriate 
        due to the effects of the COVID-19 public health emergency 
        declared under section 319 of the Public Health Service Act (42 
        U.S.C. 247d); and
            (2) may increase the amount available to pay the authorized 
        administrative costs for a project, described in section 
        502(c)(3) of the Older Americans Act of 1965 (42 U.S.C. 
        3056(c)(3)) to an amount not to exceed 20 percent of the grant 
        amount if the Secretary determines that such increase is 
        necessary to adequately respond to the additional administrative 
        needs to respond to the COVID-19 public health emergency 
        declared under section 319 of the Public Health Service Act (42 
        U.S.C. 247d).
SEC. 3224. <<NOTE: 42 USC 1320d-2 note. Deadline.>>  GUIDANCE ON 
                          PROTECTED HEALTH INFORMATION.

    Not later than 180 days after the date of enactment of this Act, the 
Secretary of Health and Human Services shall issue guidance on the 
sharing of patients' protected health information pursuant to section 
160.103 of title 45, Code of Federal Regulations (or any successor 
regulations) during the public health emergency declared by the 
Secretary of Health and Human Services under section 319 of the Public 
Health Service Act (42 U.S.C. 247d) with respect to COVID-19, during the 
emergency involving Federal primary responsibility determined to exist 
by the President under section 501(b) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with respect to 
COVID-

[[Page 134 STAT. 381]]

19, and during the national emergency declared by the President under 
the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to 
COVID-19. Such guidance shall include information on compliance with the 
regulations promulgated pursuant to section 264(c) of the Health 
Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 
note) and applicable policies, including such policies that may come 
into effect during such emergencies.
SEC. 3225. REAUTHORIZATION OF HEALTHY START PROGRAM.

    Section 330H of the Public Health Service Act (42 U.S.C. 254c-8) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``, during fiscal 
                year 2001 and subsequent years,''; and
                    (B) in paragraph (2), by inserting ``or increasing 
                above the national average'' after ``areas with high'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``consumers of 
                project services, public health departments, hospitals, 
                health centers under section 330'' and inserting 
                ``participants and former participants of project 
                services, public health departments, hospitals, health 
                centers under section 330, State substance abuse 
                agencies''; and
                    (B) in paragraph (2)--
                          (i) in subparagraph (A), by striking ``such as 
                      low birthweight'' and inserting ``including poor 
                      birth outcomes (such as low birthweight and 
                      preterm birth) and social determinants of 
                      health'';
                          (ii) by redesignating subparagraph (B) as 
                      subparagraph (C);
                          (iii) by inserting after subparagraph (A), the 
                      following:
                    ``(B) Communities with--
                          ``(i) high rates of infant mortality or poor 
                      perinatal outcomes; or
                          ``(ii) high rates of infant mortality or poor 
                      perinatal outcomes in specific subpopulations 
                      within the community.''; and
                          (iv) in subparagraph (C) (as so 
                      redesignated)--
                                    (I) by redesignating clauses (i) and 
                                (ii) as clauses (ii) and (iii), 
                                respectively;
                                    (II) by inserting before clause (ii) 
                                (as so redesignated) the following:
                          ``(i) collaboration with the local community 
                      in the development of the project;'';
                                    (III) in clause (ii) (as so 
                                redesignated), by striking ``and'' at 
                                the end;
                                    (IV) in clause (iii) (as so 
                                redesignated), by striking the period 
                                and inserting ``; and''; and
                                    (V) by adding at the end the 
                                following:
                          ``(iv) <<NOTE: Data.>>  the use and collection 
                      of data demonstrating the effectiveness of such 
                      program in decreasing infant mortality rates and 
                      improving perinatal outcomes, as applicable, or 
                      the process by which new applicants plan to 
                      collect this data.'';
            (3) in subsection (c)--

[[Page 134 STAT. 382]]

                    (A) by striking ``Recipients of grants'' and 
                inserting the following:
            ``(1) In general.--Recipients of grants''; and
                    (B) by adding at the end the following:
            ``(2) <<NOTE: Coordination.>>  Other programs.--The 
        Secretary shall ensure coordination of the program carried out 
        pursuant to this section with other programs and activities 
        related to the reduction of the rate of infant mortality and 
        improved perinatal and infant health outcomes supported by the 
        Department.'';
            (4) in subsection (e)--
                    (A) in paragraph (1), by striking ``appropriated--'' 
                and all that follows through the end and inserting 
                ``appropriated $125,500,000 for each of fiscal years 
                2021 through 2025.''; and
                    (B) <<NOTE: Evaluations.>>  in paragraph (2)(B), by 
                adding at the end the following: ``Evaluations may also 
                include, to the extent practicable, information related 
                to--
                          ``(i) progress toward achieving any grant 
                      metrics or outcomes related to reducing infant 
                      mortality rates, improving perinatal outcomes, or 
                      reducing the disparity in health status;
                          ``(ii) <<NOTE: Recommenda- tions.>>  
                      recommendations on potential improvements that may 
                      assist with addressing gaps, as applicable and 
                      appropriate; and
                          ``(iii) the extent to which the grantee 
                      coordinated with the community in which the 
                      grantee is located in the development of the 
                      project and delivery of services, including with 
                      respect to technical assistance and mentorship 
                      programs.''; and
            (5) by adding at the end the following:

    ``(f) GAO Report.--
            ``(1) <<NOTE: Evaluation.>>  In general.--Not later than 4 
        years after the date of the enactment of this subsection, the 
        Comptroller General of the United States shall conduct an 
        independent evaluation, and submit to the appropriate Committees 
        of Congress a report, concerning the Healthy Start program under 
        this section.
            ``(2) Evaluation.--In conducting the evaluation under 
        paragraph (1), the Comptroller General shall consider, as 
        applicable and appropriate, information from the evaluations 
        under subsection (e)(2)(B).
            ``(3) <<NOTE: Review. Assessments. Recommenda- tions.>>  
        Report.--The report described in paragraph (1) shall review, 
        assess, and provide recommendations, as appropriate, on the 
        following:
                    ``(A) The allocation of Healthy Start program grants 
                by the Health Resources and Services Administration, 
                including considerations made by such Administration 
                regarding disparities in infant mortality or perinatal 
                outcomes among urban and rural areas in making such 
                awards.
                    ``(B) Trends in the progress made toward meeting the 
                evaluation criteria pursuant to subsection (e)(2)(B), 
                including programs which decrease infant mortality rates 
                and improve perinatal outcomes, programs that have not 
                decreased infant mortality rates or improved perinatal 
                outcomes, and programs that have made an impact on 
                disparities in infant mortality or perinatal outcomes.

[[Page 134 STAT. 383]]

                    ``(C) The ability of grantees to improve health 
                outcomes for project participants, promote the awareness 
                of the Healthy Start program services, incorporate and 
                promote family participation, facilitate coordination 
                with the community in which the grantee is located, and 
                increase grantee accountability through quality 
                improvement, performance monitoring, evaluation, and the 
                effect such metrics may have toward decreasing the rate 
                of infant mortality and improving perinatal outcomes.
                    ``(D) The extent to which such Federal programs are 
                coordinated across agencies and the identification of 
                opportunities for improved coordination in such Federal 
                programs and activities.''.
SEC. 3226. <<NOTE: 42 USC 247d note.>>  IMPORTANCE OF THE BLOOD 
                          SUPPLY.

    (a) In General.--The Secretary of Health and Human Services 
(referred to in this section as the ``Secretary'') shall carry out a 
national campaign to improve awareness of, and support outreach to the 
public and health care providers about the importance and safety of 
blood donation and the need for donations for the blood supply during 
the public health emergency declared by the Secretary under section 319 
of the Public Health Service Act (42 U.S.C. 247d) with respect to COVID-
19.
    (b) <<NOTE: Contracts.>>  Awareness Campaign.--In carrying out 
subsection (a), the Secretary may enter into contracts with one or more 
public or private nonprofit entities, to establish a national blood 
donation awareness campaign that may include television, radio, 
internet, and newspaper public service announcements, and other 
activities to provide for public and professional awareness and 
education.

    (c) Consultation.--In carrying out subsection (a), the Secretary 
shall consult with the Commissioner of Food and Drugs, the Assistant 
Secretary for Health, the Director of the Centers for Disease Control 
and Prevention, the Director of the National Institutes of Health, and 
the heads of other relevant Federal agencies, and relevant accrediting 
bodies and representative organizations.
    (d) Report to Congress.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall submit to the Committee on 
Health, Education, Labor, and Pensions of the Senate and the Committee 
on Energy and Commerce of the House of Representatives, a report that 
shall include--
            (1) a description of the activities carried out under 
        subsection (a);
            (2) a description of trends in blood supply donations; and
            (3) <<NOTE: Evaluation.>>  an evaluation of the impact of 
        the public awareness campaign, including any geographic or 
        population variations.

                          PART III--INNOVATION

SEC. 3301. REMOVING THE CAP ON OTA DURING PUBLIC HEALTH 
                          EMERGENCIES.

    Section 319L(c)(5)(A) of the Public Health Service Act (42 U.S.C. 
247d-7e(c)(5)(A)) is amended--
            (1) by redesignating clause (iii) as clause (iv); and
            (2) by inserting after clause (ii) the following:
                          ``(iii) Authority during a public health 
                      emergency.--

[[Page 134 STAT. 384]]

                                    ``(I) <<NOTE: Procedures.>>  In 
                                general.--Notwithstanding clause (ii), 
                                the Secretary, shall, to the maximum 
                                extent practicable, use competitive 
                                procedures when entering into 
                                transactions to carry out projects under 
                                this subsection for purposes of a public 
                                health emergency declared by the 
                                Secretary under section 319. Any such 
                                transactions entered into during such 
                                public health emergency shall not be 
                                terminated solely due to the expiration 
                                of such public health emergency, if such 
                                public health emergency ends before the 
                                completion of the terms of such 
                                agreement.
                                    ``(II) Report.--After the expiration 
                                of the public health emergency declared 
                                by the Secretary under section 319, the 
                                Secretary shall provide a report to the 
                                Committee on Health, Education, Labor, 
                                and Pensions of the Senate and the 
                                Committee on Energy and Commerce of the 
                                House of Representatives regarding the 
                                use of any funds pursuant to the 
                                authority under subclause (I), including 
                                any outcomes, benefits, and risks 
                                associated with the use of such funds, 
                                and a description of the reasons for the 
                                use of such authority for the project or 
                                projects.''.
SEC. 3302. PRIORITY ZOONOTIC ANIMAL DRUGS.

    Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 
et seq.) is amended by inserting after section 512 the following:
``SEC. 512A. <<NOTE: 21 USC 360b-1.>>  PRIORITY ZOONOTIC ANIMAL 
                          DRUGS.

    ``(a) In General.--The Secretary shall, at the request of the 
sponsor intending to submit an application for approval of a new animal 
drug under section 512(b)(1) or an application for conditional approval 
of a new animal drug under section 571, expedite the development and 
review of such new animal drug if preliminary clinical evidence 
indicates that the new animal drug, alone or in combination with 1 or 
more other animal drugs, has the potential to prevent or treat a 
zoonotic disease in animals, including a vector borne-disease, that has 
the potential to cause serious adverse health consequences for, or 
serious or life-threatening diseases in, humans.
    ``(b) Request for Designation.--The sponsor of a new animal drug may 
request the Secretary to designate a new animal drug described in 
subsection (a) as a priority zoonotic animal drug. A request for the 
designation may be made concurrently with, or at any time after, the 
opening of an investigational new animal drug file under section 512(j) 
or the filing of an application under section 512(b)(1) or 571.
    ``(c) Designation.--
            ``(1) <<NOTE: Deadline. Determination.>>  In general.--Not 
        later than 60 calendar days after the receipt of a request under 
        subsection (b), the Secretary shall determine whether the new 
        animal drug that is the subject of the request meets the 
        criteria described in subsection (a). If the Secretary 
        determines that the new animal drug meets the criteria, the 
        Secretary shall designate the new animal drug as a priority 
        zoonotic animal drug and shall take such actions as are 
        appropriate to expedite the development and

[[Page 134 STAT. 385]]

        review of the application for approval or conditional approval 
        of such new animal drug.
            ``(2) Actions.--The actions to expedite the development and 
        review of an application under paragraph (1) may include, as 
        appropriate--
                    ``(A) taking steps to ensure that the design of 
                clinical trials is as efficient as practicable, when 
                scientifically appropriate, such as by utilizing novel 
                trial designs or drug development tools (including 
                biomarkers) that may reduce the number of animals needed 
                for studies;
                    ``(B) providing timely advice to, and interactive 
                communication with, the sponsor (which may include 
                meetings with the sponsor and review team) regarding the 
                development of the new animal drug to ensure that the 
                development program to gather the nonclinical and 
                clinical data necessary for approval is as efficient as 
                practicable;
                    ``(C) involving senior managers and review staff 
                with experience in zoonotic or vector-borne disease to 
                facilitate collaborative, cross-disciplinary review, 
                including, as appropriate, across agency centers; and
                    ``(D) implementing additional administrative or 
                process enhancements, as necessary, to facilitate an 
                efficient review and development program.''.

                     PART IV--HEALTH CARE WORKFORCE

SEC. 3401. REAUTHORIZATION OF HEALTH PROFESSIONS WORKFORCE 
                          PROGRAMS.

    Title VII of the Public Health Service Act (42 U.S.C. 292 et seq.) 
is amended--
            (1) in section 736 (42 U.S.C. 293), by striking subsection 
        (i) and inserting the following:

    ``(i) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $23,711,000 for each of fiscal 
years 2021 through 2025.'';
            (2) in section 740 (42 U.S.C. 293d)--
                    (A) in subsection (a), by striking ``$51,000,000 for 
                fiscal year 2010, and such sums as may be necessary for 
                each of the fiscal years 2011 through 2014'' and 
                inserting ``$51,470,000 for each of fiscal years 2021 
                through 2025'';
                    (B) in subsection (b), by striking ``$5,000,000 for 
                each of the fiscal years 2010 through 2014'' and 
                inserting ``$1,190,000 for each of fiscal years 2021 
                through 2025'';
                    (C) in subsection (c), by striking ``$60,000,000 for 
                fiscal year 2010 and such sums as may be necessary for 
                each of the fiscal years 2011 through 2014'' and 
                inserting ``$15,000,000 for each of fiscal years 2021 
                through 2025''; and
                    (D) in subsection (d), by striking ``Not Later than 
                6 months after the date of enactment of this part, the 
                Secretary shall prepare and submit to the appropriate 
                committees of Congress'' and inserting: ``Not later than 
                September 30, 2025, and every five years thereafter, the 
                Secretary shall prepare and submit to the Committee on 
                Health, Education, Labor, and Pensions of the Senate, 
                and the Committee on Energy and Commerce of the House of 
                Representatives,'';

[[Page 134 STAT. 386]]

            (3) in section 747 (42 U.S.C. 293k)--
                    (A) in subsection (a)--
                          (i) in paragraph (1)(G), by striking ``to 
                      plan, develop, and operate a demonstration program 
                      that provides training'' and inserting: ``to plan, 
                      develop, and operate a program that identifies or 
                      develops innovative models of providing care, and 
                      trains primary care physicians on such models 
                      and''; and
                          (ii) by adding at the end the following:
            ``(3) Priorities in making awards.--In awarding grants or 
        contracts under paragraph (1), the Secretary may give priority 
        to qualified applicants that train residents in rural areas, 
        including for Tribes or Tribal Organizations in such areas.'';
                    (B) in subsection (b)(3)(E), by striking 
                ``substance-related disorders'' and inserting 
                ``substance use disorders''; and
                    (C) in subsection (c)(1), by striking ``$125,000,000 
                for fiscal year 2010, and such sums as may be necessary 
                for each of fiscal years 2011 through 2014'' and 
                inserting ``$48,924,000 for each of fiscal years 2021 
                through 2025'';
            (4) in section 748 (42 U.S.C. 293k-2)--
                    (A) in subsection (c)(5), by striking ``substance-
                related disorders'' and inserting ``substance use 
                disorders''; and
                    (B) in subsection (f), by striking ``$30,000,000 for 
                fiscal year 2010 and such sums as may be necessary for 
                each of fiscal years 2011 through 2015'' and inserting 
                ``$28,531,000 for each of fiscal years 2021 through 
                2025'';
            (5) in section 749(d)(2) (42 U.S.C. 293l(d)(2)), by striking 
        ``Committee on Labor and Human Resources of the Senate, and the 
        Committee on Commerce of the House of Representatives'' and 
        inserting ``Committee on Health, Education, Labor, and Pensions 
        of the Senate, and the Committee on Energy and Commerce of the 
        House of Representatives'';
            (6) in section 751(j)(1) (42 U.S.C. 294a(j)(1)), by striking 
        ``$125,000,000 for each of the fiscal years 2010 through 2014'' 
        and inserting ``$41,250,000 for each of fiscal years 2021 
        through 2025'';
            (7) in section 754(b)(1)(A) (42 U.S.C. 294d(b)(1)(A)), by 
        striking ``new and innovative'' and inserting ``innovative or 
        evidence-based'';
            (8) in section 755(b)(1)(A) (42 U.S.C. 294e(b)(1)(A)), by 
        striking ``the elderly'' and inserting ``geriatric populations 
        or for maternal and child health'';
            (9) in section 761(e) (42 U.S.C. 294n(e))--
                    (A) in paragraph (1)(A), by striking ``$7,500,000 
                for each of fiscal years 2010 through 2014'' and 
                inserting ``$5,663,000 for each of fiscal years 2021 
                through 2025''; and
                    (B) in paragraph (2), by striking ``subsection (a)'' 
                and inserting ``paragraph (1)'';
            (10) in section 762 (42 U.S.C. 294o)--
                    (A) in subsection (a)(1), by striking ``Committee on 
                Labor and Human Resources'' and inserting ``Committee on 
                Health, Education, Labor, and Pensions'';
                    (B) in subsection (b)--

[[Page 134 STAT. 387]]

                          (i) in paragraph (2), by striking ``Health 
                      Care Financing Administration'' and inserting 
                      ``Centers for Medicare & Medicaid Services'';
                          (ii) by redesignating paragraphs (4) through 
                      (6) as paragraphs (5) through (7), respectively; 
                      and
                          (iii) by inserting after paragraph (3), the 
                      following:
            ``(4) the Administrator of the Health Resources and Services 
        Administration;'';
                    (C) by striking subsections (i), (j), and (k) and 
                inserting the following:

    ``(i) Reports.--Not later than September 30, 2023, and not less than 
every 5 years thereafter, the Council shall submit to the Secretary, and 
to the Committee on Health, Education, Labor, and Pensions of the Senate 
and the Committee on Energy and Commerce of the House of 
Representatives, a report on the recommendations described in subsection 
(a).''; and
                    (D) by redesignating subsection (l) as subsection 
                (j);
            (11) in section 766(b)(1) (42 U.S.C. 295a(b)(1)), by 
        striking ``that plans'' and all that follows through the period 
        and inserting ``that plans, develops, operates, and evaluates 
        projects to improve preventive medicine, health promotion and 
        disease prevention, or access to and quality of health care 
        services in rural or medically underserved communities.'';
            (12) in section 770(a) (42 U.S.C. 295e(a)), by striking 
        ``$43,000,000 for fiscal year 2011, and such sums as may be 
        necessary for each of the fiscal years 2012 through 2015'' and 
        inserting ``$17,000,000 for each of fiscal years 2021 through 
        2025''; and
            (13) in section 775(e) (42 U.S.C. 295f(e)), by striking 
        ``$30,000,000'' and all that follows through the period and 
        inserting ``such sums as may be necessary for each of fiscal 
        years 2021 through 2025.''.
SEC. 3402. <<NOTE: 42 USC 292 note prec.>>  HEALTH WORKFORCE 
                          COORDINATION.

    (a) Strategic Plan.--
            (1) <<NOTE: Deadline. Consultation.>>  In general.--Not 
        later than 1 year after the date of enactment of this Act, the 
        Secretary of Health and Human Services (referred to in this Act 
        as the ``Secretary''), in consultation with the Advisory 
        Committee on Training in Primary Care Medicine and Dentistry and 
        the Advisory Council on Graduate Medical Education, shall 
        develop a comprehensive and coordinated plan with respect to the 
        health care workforce development programs of the Department of 
        Health and Human Services, including education and training 
        programs.
            (2) Requirements.--The plan under paragraph (1) shall--
                    (A) include performance measures to determine the 
                extent to which the programs described in paragraph (1) 
                are strengthening the Nation's health care system;
                    (B) identify any gaps that exist between the 
                outcomes of programs described in paragraph (1) and 
                projected health care workforce needs identified in 
                workforce projection reports conducted by the Health 
                Resources and Services Administration;
                    (C) identify actions to address the gaps described 
                in subparagraph (B); and
                    (D) identify barriers, if any, to implementing the 
                actions identified under subparagraph (C).

[[Page 134 STAT. 388]]

    (b) Coordination With Other Agencies.--The Secretary shall 
coordinate with the heads of other Federal agencies and departments that 
fund or administer health care workforce development programs, including 
education and training programs, to--
            (1) <<NOTE: Evaluation.>>  evaluate the performance of such 
        programs, including the extent to which such programs are 
        efficient and effective and are meeting the nation's health 
        workforce needs; and
            (2) identify opportunities to improve the quality and 
        consistency of the information collected to evaluate within and 
        across such programs, and to implement such improvements.

    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Health, 
Education, Labor, and Pensions of the Senate, and the Committee on 
Energy and Commerce of the House of Representatives, a report describing 
the plan developed under subsection (a) and actions taken to implement 
such plan.
SEC. 3403. EDUCATION AND TRAINING RELATING TO GERIATRICS.

    Section 753 of the Public Health Service Act (42 U.S.C. 294c) is 
amended to read as follows:
``SEC. 753. EDUCATION AND TRAINING RELATING TO GERIATRICS.

    ``(a) Geriatrics Workforce Enhancement Program.--
            ``(1) <<NOTE: Grants. Contracts.>>  In general.--The 
        Secretary shall award grants, contracts, or cooperative 
        agreements under this subsection to entities described in 
        paragraph (1), (3), or (4) of section 799B, section 801(2), or 
        section 865(d), or other health professions schools or programs 
        approved by the Secretary, for the establishment or operation of 
        Geriatrics Workforce Enhancement Programs that meet the 
        requirements of paragraph (2).
            ``(2) Requirements.--
                    ``(A) In general.--A Geriatrics Workforce 
                Enhancement Program receiving an award under this 
                section shall support the training of health 
                professionals in geriatrics, including traineeships or 
                fellowships. Such programs shall emphasize, as 
                appropriate, patient and family engagement, integration 
                of geriatrics with primary care and other appropriate 
                specialties, and collaboration with community partners 
                to address gaps in health care for older adults.
                    ``(B) Activities.--Activities conducted by a program 
                under this section may include the following:
                          ``(i) Clinical training on providing 
                      integrated geriatrics and primary care delivery 
                      services.
                          ``(ii) Interprofessional training to 
                      practitioners from multiple disciplines and 
                      specialties, including training on the provision 
                      of care to older adults.
                          ``(iii) Establishing or maintaining training-
                      related community-based programs for older adults 
                      and caregivers to improve health outcomes for 
                      older adults.
                          ``(iv) Providing education on Alzheimer's 
                      disease and related dementias to families and 
                      caregivers of older adults, direct care workers, 
                      and health professions students, faculty, and 
                      providers.
            ``(3) Duration.--Each grant, contract, or cooperative 
        agreement or contract awarded under paragraph (1) shall be for a 
        period not to exceed 5 years.
            ``(4) Applications.--To be eligible to receive a grant, 
        contract, or cooperative agreement under paragraph (1), an 
        entity

[[Page 134 STAT. 389]]

        described in such paragraph shall submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require.
            ``(5) Program requirements.--
                    ``(A) In general.--In awarding grants, contracts, 
                and cooperative agreements under paragraph (1), the 
                Secretary--
                          ``(i) shall give priority to programs that 
                      demonstrate coordination with another Federal or 
                      State program or another public or private entity;
                          ``(ii) shall give priority to applicants with 
                      programs or activities that are expected to 
                      substantially benefit rural or medically 
                      underserved populations of older adults, or serve 
                      older adults in Indian Tribes or Tribal 
                      organizations; and
                          ``(iii) may give priority to any program 
                      that--
                                    ``(I) integrates geriatrics into 
                                primary care practice;
                                    ``(II) provides training to 
                                integrate geriatric care into other 
                                specialties across care settings, 
                                including practicing clinical 
                                specialists, health care administrators, 
                                faculty without backgrounds in 
                                geriatrics, and students from all health 
                                professions;
                                    ``(III) emphasizes integration of 
                                geriatric care into existing service 
                                delivery locations and care across 
                                settings, including primary care 
                                clinics, medical homes, Federally 
                                qualified health centers, ambulatory 
                                care clinics, critical access hospitals, 
                                emergency care, assisted living and 
                                nursing facilities, and home- and 
                                community-based services, which may 
                                include adult daycare;
                                    ``(IV) supports the training and 
                                retraining of faculty, primary care 
                                providers, other direct care providers, 
                                and other appropriate professionals on 
                                geriatrics;
                                    ``(V) emphasizes education and 
                                engagement of family caregivers on 
                                disease management and strategies to 
                                meet the needs of caregivers of older 
                                adults; or
                                    ``(VI) proposes to conduct outreach 
                                to communities that have a shortage of 
                                geriatric workforce professionals.
                    ``(B) Special consideration.--In awarding grants, 
                contracts, and cooperative agreements under this 
                section, the Secretary shall give special consideration 
                to entities that provide services in areas with a 
                shortage of geriatric workforce professionals.
            ``(6) Priority.--The Secretary may provide awardees with 
        additional support for activities in areas of demonstrated need, 
        which may include education and training for home health 
        workers, family caregivers, and direct care workers on care for 
        older adults.
            ``(7) Reporting.--
                    ``(A) Reports from entities.--Each entity awarded a 
                grant, contract, or cooperative agreement under this 
                section shall submit an annual report to the Secretary 
                on

[[Page 134 STAT. 390]]

                the activities conducted under such grant, contract, or 
                cooperative agreement, which may include information on 
                the number of trainees, the number of professions and 
                disciplines, the number of partnerships with health care 
                delivery sites, the number of faculty and practicing 
                professionals who participated in such programs, and 
                other information, as the Secretary may require.
                    ``(B) <<NOTE: Summary.>>  Report to congress.--Not 
                later than 4 years after the date of enactment of the 
                Title VII Health Care Workforce Reauthorization Act of 
                2019 and every 5 years thereafter, the Secretary shall 
                submit to the Committee on Health, Education, Labor, and 
                Pensions of the Senate and the Committee on Energy and 
                Commerce of the House of Representatives a report that 
                provides a summary of the activities and outcomes 
                associated with grants, contracts, and cooperative 
                agreements made under this section. Such reports shall 
                include--
                          ``(i) information on the number of trainees, 
                      faculty, and professionals who participated in 
                      programs under this section;
                          ``(ii) information on the impact of the 
                      program conducted under this section on the health 
                      status of older adults, including in areas with a 
                      shortage of health professionals; and
                          ``(iii) information on outreach and education 
                      provided under this section to families and 
                      caregivers of older adults.
                    ``(C) <<NOTE: Web posting.>>  Public availability.--
                The Secretary shall make reports submitted under 
                paragraph (B) publically available on the internet 
                website of the Department of Health and Human Services.

    ``(b) Geriatric Academic Career Awards.--
            ``(1) Establishment of program.--The Secretary shall, as 
        appropriate, establish or maintain a program to provide 
        geriatric academic career awards to eligible entities applying 
        on behalf of eligible individuals to promote the career 
        development of such individuals as academic geriatricians or 
        other academic geriatrics health professionals.
            ``(2) <<NOTE: Definitions.>>  Eligibility.--
                    ``(A) Eligible entity.--For purposes of this 
                subsection, the term `eligible entity' means--
                          ``(i) an entity described in paragraph (1), 
                      (3), or (4) of section 799B or section 801(2); or
                          ``(ii) another accredited health professions 
                      school or graduate program approved by the 
                      Secretary.
                    ``(B) Eligible individual.--For purposes of this 
                subsection, the term `eligible individual' means an 
                individual who--
                          ``(i)(I) is board certified or board eligible 
                      in internal medicine, family practice, psychiatry, 
                      or licensed dentistry, or has completed required 
                      training in a discipline and is employed in an 
                      accredited health professions school or graduate 
                      program that is approved by the Secretary; or
                          ``(II) has completed an approved fellowship 
                      program in geriatrics, or has completed specialty 
                      training in geriatrics as required by the 
                      discipline and any

[[Page 134 STAT. 391]]

                      additional geriatrics training as required by the 
                      Secretary; and
                          ``(ii) has a junior, nontenured, faculty 
                      appointment at an accredited health professions 
                      school or graduate program in geriatrics or a 
                      geriatrics health profession.
                    ``(C) Clarification.--If an eligible individual is 
                promoted during the period of an award under this 
                subsection and thereby no longer meets the criteria of 
                subparagraph (B)(ii), the individual shall continue to 
                be treated as an eligible individual through the term of 
                the award.
            ``(3) Application requirements.--In order to receive an 
        award under paragraph (1), an eligible entity, on behalf of an 
        eligible individual, shall--
                    ``(A) submit to the Secretary an application, at 
                such time, in such manner, and containing such 
                information as the Secretary may require;
                    ``(B) provide, in such form and manner as the 
                Secretary may require, assurances that the eligible 
                individual will meet the service requirement described 
                in paragraph (6); and
                    ``(C) provide, in such form and manner as the 
                Secretary may require, assurances that the individual 
                has a full-time faculty appointment in a health 
                professions institution and documented commitment from 
                such eligible entity that the individual will spend 75 
                percent of the individual's time that is supported by 
                the award on teaching and developing skills in 
                interdisciplinary education in geriatrics.
            ``(4) Equitable distribution.--In making awards under this 
        subsection, the Secretary shall seek to ensure geographical 
        distribution among award recipients, including among rural or 
        medically underserved areas of the United States.
            ``(5) Amount and duration.--
                    ``(A) Amount.--The amount of an award under this 
                subsection shall be at least $75,000 for fiscal year 
                2021, adjusted for subsequent years in accordance with 
                the consumer price index. <<NOTE: Determination.>>  The 
                Secretary shall determine the amount of an award under 
                this subsection for individuals who are not physicians.
                    ``(B) Duration.--The Secretary shall make awards 
                under paragraph (1) for a period not to exceed 5 years.
            ``(6) Service requirement.--An individual who receives an 
        award under this subsection shall provide training in clinical 
        geriatrics, including the training of interprofessional teams of 
        health care professionals. The provision of such training shall 
        constitute at least 75 percent of the obligations of such 
        individual under the award.

    ``(c) Nonapplicability of Provision.--Notwithstanding any other 
provision of this title, section 791(a) shall not apply to awards made 
under this section.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated $40,737,000 for each of fiscal years 2021 through 2025 for 
purposes of carrying out this section.''.
SEC. 3404. NURSING WORKFORCE DEVELOPMENT.

    (a) In General.--Title VIII of the Public Health Service Act (42 
U.S.C. 296 et seq.) is amended--

[[Page 134 STAT. 392]]

            (1) in section 801 (42 U.S.C. 296), by adding at the end the 
        following:
            ``(18) <<NOTE: Definition.>>  Nurse managed health clinic.--
        The term `nurse managed health clinic' means a nurse-practice 
        arrangement, managed by advanced practice nurses, that provides 
        primary care or wellness services to underserved or vulnerable 
        populations and that is associated with a school, college, 
        university or department of nursing, federally qualified health 
        center, or independent nonprofit health or social services 
        agency.'';
            (2) in section 802(c) (42 U.S.C. 296a(c)), by inserting ``, 
        and how such project aligns with the goals in section 806(a)'' 
        before the period in the second sentence;
            (3) in section 803(b) (42 U.S.C. 296b(b)), by adding at the 
        end the following: ``Such Federal funds are intended to 
        supplement, not supplant, existing non-Federal expenditures for 
        such activities.'';
            (4) in section 806 (42 U.S.C. 296e)--
                    (A) in subsection (a), by striking ``as needed to'' 
                and all that follows and inserting the following: ``as 
                needed to address national nursing needs, including--
            ``(1) addressing challenges, including through supporting 
        training and education of nursing students, related to the 
        distribution of the nursing workforce and existing or projected 
        nursing workforce shortages in geographic areas that have been 
        identified as having, or that are projected to have, a nursing 
        shortage;
            ``(2) increasing access to and the quality of health care 
        services, including by supporting the training of professional 
        registered nurses, advanced practice registered nurses, and 
        advanced education nurses within community based settings and in 
        a variety of health delivery system settings; or
            ``(3) addressing the strategic goals and priorities 
        identified by the Secretary and that are in accordance with this 
        title.

Contracts may <<NOTE: Contracts. Determination.>>  be entered into under 
this title with public or private entities as determined necessary by 
the Secretary.'';
                    (B) in subsection (b)(2), by striking ``a 
                demonstration'' and all that follows and inserting the 
                following: ``the reporting of data and information 
                demonstrating that satisfactory progress has been made 
                by the program or project in meeting the performance 
                outcome standards (as described in section 802) of such 
                program or project.'';
                    (C) in subsection (e)(2), by inserting ``, and have 
                relevant expertise and experience'' before the period at 
                the end of the first sentence; and
                    (D) by adding at the end the following:

    ``(i) Biennial Report on Nursing Workforce Program Improvements.--
Not <<NOTE: Assessment.>>  later than September 30, 2020, and biennially 
thereafter, the Secretary shall submit to the Committee on Health, 
Education, Labor, and Pensions of the Senate and the Committee on Energy 
and Commerce of the House of Representatives, a report that contains an 
assessment of the programs and activities of the Department of Health 
and Human Services related to enhancing the nursing workforce, including 
the extent to which programs and activities under this title meet the 
identified goals and performance measures developed for the respective 
programs and activities, and the extent to which the Department 
coordinates with other

[[Page 134 STAT. 393]]

Federal departments regarding programs designed to improve the nursing 
workforce.'';
            (5) in section 811 (42 U.S.C. 296j)--
                    (A) in subsection (b)--
                          (i) by striking ``Master's'' and inserting 
                      ``graduate''; and
                          (ii) by inserting ``clinical nurse leaders,'' 
                      after ``nurse administrators,'';
                    (B) by redesignating subsections (f) and (g) as 
                subsections (g) and (h), respectively; and
                    (C) by inserting after subsection (e), the 
                following:

    ``(f) Authorized Clinical Nurse Specialist Programs.--Clinical nurse 
specialist programs eligible for support under this section are 
education programs that--
            ``(1) provide registered nurses with full-time clinical 
        nurse specialist education; and
            ``(2) have as their objective the education of clinical 
        nurse specialists who will, upon completion of such a program, 
        be qualified to effectively provide care through the wellness 
        and illness continuum to inpatients and outpatients experiencing 
        acute and chronic illness.''; and
            (6) in section 831 (42 U.S.C. 296p)--
                    (A) in the section heading, by striking ``and 
                quality grants'' and inserting ``quality, and retention 
                grants'';
                    (B) in subsection (b)(2), by striking ``other high-
                risk groups such as the elderly, individuals with HIV/
                AIDS, substance abusers, the homeless, and victims'' and 
                inserting ``high risk groups, such as the elderly, 
                individuals with HIV/AIDS, individuals with mental 
                health or substance use disorders, individuals who are 
                homeless, and survivors'';
                    (C) in subsection (c)(1)--
                          (i) in subparagraph (A)--
                                    (I) by striking ``advancement for 
                                nursing personnel'' and inserting the 
                                following: ``advancement for--
                          ``(i) nursing'';
                                    (II) by striking ``professional 
                                nurses, advanced education nurses, 
                                licensed practical nurses, certified 
                                nurse assistants, and home health 
                                aides'' and inserting ``professional 
                                registered nurses, advanced practice 
                                registered nurses, and nurses with 
                                graduate nursing education''; and
                                    (III) by adding at the end the 
                                following:
                          ``(ii) individuals including licensed 
                      practical nurses, licensed vocational nurses, 
                      certified nurse assistants, home health aides, 
                      diploma degree or associate degree nurses, and 
                      other health professionals, such as health aides 
                      or community health practitioners certified under 
                      the Community Health Aide Program of the Indian 
                      Health Service, to become registered nurses with 
                      baccalaureate degrees or nurses with graduate 
                      nursing education;'';
                          (ii) in subparagraph (B), by striking the 
                      period and inserting ``; and''; and
                          (iii) by adding at the end the following:

[[Page 134 STAT. 394]]

                    ``(C) developing and implementing internships, 
                accredited fellowships, and accredited residency 
                programs in collaboration with one or more accredited 
                schools of nursing, to encourage the mentoring and 
                development of specialties.'';
                    (D) by striking subsections (e) and (h);
                    (E) by redesignating subsections (f) and (g), as 
                subsections (e) and (f), respectively;
                    (F) in subsection (e) (as so redesignated), by 
                striking ``The Secretary shall submit to the Congress 
                before the end of each fiscal year'' and inserting ``As 
                part of the report on nursing workforce programs 
                described in section 806(i), the Secretary shall 
                include''; and
                    (G) in subsection (f) (as so redesignated), by 
                striking ``a school of nursing, as defined in section 
                801(2),,'' and inserting ``an accredited school of 
                nursing, as defined in section 801(2), a health care 
                facility, including federally qualified health centers 
                or nurse-managed health clinics, or a partnership of 
                such a school and facility'';
            (7) by striking section 831A (42 U.S.C. 296p-1);
            (8) in section 846 (42 U.S.C. 297n)--
                    (A) by striking the last sentence of subsection (a);
                    (B) in subsection (b)(1), by striking ``he began 
                such practice'' and inserting ``the individual began 
                such practice''; and
                    (C) in subsection (i), by striking ``Funding'' in 
                the subsection heading and all that follows through 
                ``paragraph (1)'' in paragraph (2), and inserting the 
                following: ``Allocations.--Of the amounts appropriated 
                under section 871(b),'';
            (9) in section 846A (42 U.S.C. 247n-1), by striking 
        subsection (f);
            (10) in section 847 (42 U.S.C. 297o), by striking subsection 
        (g);
            (11) in section 851 (42 U.S.C. 297t)--
                    (A) in subsection (b)(1)(A)(iv), by striking ``and 
                nurse anesthetists'' and inserting ``nurse anesthetists, 
                and clinical nurse specialists'';
                    (B) in subsection (d)(3)--
                          (i) by striking ``3 years after the date of 
                      enactment of this section'' and inserting ``2 
                      years after the date of enactment of the Title 
                      VIII Nursing Reauthorization Act'';
                          (ii) by striking ``Labor and Human Resources'' 
                      and inserting ``Health, Education, Labor, and 
                      Pensions''; and
                          (iii) by inserting ``Energy and'' before 
                      ``Commerce''; and
                    (C) in subsection (g), by striking ``under this 
                title'' and inserting ``for carrying out parts B, C, and 
                D'';
            (12) by striking sections 861 and 862 (42 U.S.C. 297w and 
        297x); and
            (13) in section 871 (42 U.S.C. 298d)--
                    (A) by striking ``For the purpose of'' and inserting 
                the following:

    ``(a) In General.--For the purpose of'';

[[Page 134 STAT. 395]]

                    (B) by striking ``$338,000,000 for fiscal year 2010, 
                and such sums as may be necessary for each of the fiscal 
                years 2011 through 2016'' and inserting ``$137,837,000 
                for each of fiscal years 2021 through 2025''; and
                    (C) by adding at the end the following:

    ``(b) Part E.--For the purpose of carrying out part E, there are 
authorized to be appropriated $117,135,000 for each of the fiscal years 
2021 through 2025.''.
    (b) Evaluation and Report on Nurse Loan Repayment Programs.--
            (1) Evaluation.--The Comptroller General shall conduct an 
        evaluation of the nurse loan repayment programs administered by 
        the Health Resources and Services Administration. Such 
        evaluation shall include--
                    (A) the manner in which payments are made under such 
                programs;
                    (B) the existing oversight functions necessary to 
                ensure the proper use of such programs, including 
                payments made as part of such programs;
                    (C) the identification of gaps, if any, in oversight 
                functions; and
                    (D) information on the number of nurses assigned to 
                facilities pursuant to such programs, including the type 
                of facility to which nurses are assigned and the impact 
                of modifying the eligibility requirements for programs 
                under section 846 of the Public Health Service Act (42 
                U.S.C. 297n), such as the impact on entities to which 
                nurses had previously been assigned prior to fiscal year 
                2019 (such as federally qualified health centers and 
                facilities affiliated with the Indian Health Service).
            (2) <<NOTE: Recommenda- tions.>>  Report.--Not later than 18 
        months after the enactment of this Act, the Comptroller General 
        shall submit to the Committee on Health, Education, Labor, and 
        Pensions of the Senate and the Committee on Energy and Commerce 
        of the House of Representatives, a report on the evaluation 
        under paragraph (1), which may include recommendations to 
        improve relevant nursing workforce loan repayment programs.

Subtitle <<NOTE: COVID-19 Pandemic Education Relief Act of 2020. 20 USC 
1001 note.>>  B--Education Provisions
SEC. 3501. SHORT TITLE.

    This subtitle may be cited as the ``COVID-19 Pandemic Education 
Relief Act of 2020''.
SEC. 3502. <<NOTE: 20 USC 1001 note.>>  DEFINITIONS.

    (a) Definitions.--In this subtitle:
            (1) Coronavirus.--The term ``coronavirus'' has the meaning 
        given the term in section 506 of the Coronavirus Preparedness 
        and Response Supplemental Appropriations Act, 2020 (Public Law 
        116-123).
            (2) Foreign institution.--The term ``foreign institution'' 
        means an institution of higher education located outside the 
        United States that is described in paragraphs (1)(C) and (2) of 
        section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 
        1002(a)).

[[Page 134 STAT. 396]]

            (3) Institution of higher education.--The term ``institution 
        of higher education'' has the meaning of the term under section 
        102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
            (4) Qualifying emergency.--The term ``qualifying emergency'' 
        means--
                    (A) a public health emergency related to the 
                coronavirus declared by the Secretary of Health and 
                Human Services pursuant to section 319 of the Public 
                Health Service Act (42 U.S.C. 247d);
                    (B) an event related to the coronavirus for which 
                the President declared a major disaster or an emergency 
                under section 401 or 501, respectively, of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5170 and 5191); or
                    (C) a national emergency related to the coronavirus 
                declared by the President under section 201 of the 
                National Emergencies Act (50 U.S.C. 1601 et seq.).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
SEC. 3503. <<NOTE: 20 USC 1001 note.>>  CAMPUS-BASED AID WAIVERS.

    (a) Waiver of Non-federal Share Requirement.--Notwithstanding 
sections 413C(a)(2) and 443(b)(5) of the Higher Education Act of 1965 
(20 U.S.C. 1070b-2(a)(2) and 1087-53(b)(5)), with respect to funds made 
available for award years 2019-2020 and 2020-2021, the Secretary shall 
waive the requirement that a participating institution of higher 
education provide a non-Federal share to match Federal funds provided to 
the institution for the programs authorized pursuant to subpart 3 of 
part A and part C of title IV of the Higher Education Act of 1965 (20 
U.S.C. 1070b et seq. and 1087-51 et seq.) for all awards made under such 
programs during such award years, except nothing in this subsection 
shall affect the non-Federal share requirement under section 443(c)(3) 
that applies to private for-profit organizations.
    (b) Authority to Reallocate.--Notwithstanding sections 413D, 442, 
and 488 of the Higher Education Act of 1965 (20 U.S.C. 1070b-3, 1087-52, 
and 1095), during a period of a qualifying emergency, an institution may 
transfer up to 100 percent of the institution's unexpended allotment 
under section 442 of such Act to the institution's allotment under 
section 413D of such Act, but may not transfer any funds from the 
institution's unexpended allotment under section 413D of such Act to the 
institution's allotment under section 442 of such Act.
SEC. 3504. <<NOTE: 20 USC 1001 note.>>  USE OF SUPPLEMENTAL 
                          EDUCATIONAL OPPORTUNITY GRANTS FOR 
                          EMERGENCY AID.

    (a) In General.--Notwithstanding section 413B of the Higher 
Education Act of 1965 (20 U.S.C. 1070b-1), an institution of higher 
education may reserve any amount of an institution's allocation under 
subpart 3 of part A of title IV of the Higher Education Act of 1965 (20 
U.S.C. 1070b et seq.) for a fiscal year to award, in such fiscal year, 
emergency financial aid grants to assist undergraduate or graduate 
students for unexpected expenses and unmet financial need as the result 
of a qualifying emergency.
    (b) Determinations.--In determining eligibility for and awarding 
emergency financial aid grants under this section, an institution of 
higher education may--

[[Page 134 STAT. 397]]

            (1) waive the amount of need calculation under section 471 
        of the Higher Education Act of 1965 (20 U.S.C. 1087kk);
            (2) allow for a student affected by a qualifying emergency 
        to receive funds in an amount that is not more than the maximum 
        Federal Pell Grant for the applicable award year; and
            (3) utilize a contract with a scholarship-granting 
        organization designated for the sole purpose of accepting 
        applications from or disbursing funds to students enrolled in 
        the institution of higher education, if such scholarship-
        granting organization disburses the full allocated amount 
        provided to the institution of higher education to the 
        recipients.

    (c) Special Rule.--Any emergency financial aid grants to students 
under this section shall not be treated as other financial assistance 
for the purposes of section 471 of the Higher Education Act of 1965 (20 
U.S.C. 1087kk).
SEC. 3505. <<NOTE: 20 USC 1001 note.>>  FEDERAL WORK-STUDY DURING 
                          A QUALIFYING EMERGENCY.

    (a) <<NOTE: Time period.>>  In General.--In the event of a 
qualifying emergency, an institution of higher education participating 
in the program under part C of title IV of the Higher Education Act of 
1965 (20 U.S.C. 1087-51 et seq.) may make payments under such part to 
affected work-study students, for the period of time (not to exceed one 
academic year) in which affected students were unable to fulfill the 
students' work-study obligation for all or part of such academic year 
due to such qualifying emergency, as follows:
            (1) Payments may be made under such part to affected work-
        study students in an amount equal to or less than the amount of 
        wages such students would have been paid under such part had the 
        students been able to complete the work obligation necessary to 
        receive work study funds, as a one time grant or as multiple 
        payments.
            (2) Payments shall not be made to any student who was not 
        eligible for work study or was not completing the work 
        obligation necessary to receive work study funds under such part 
        prior to the occurrence of the qualifying emergency.
            (3) Any payments made to affected work-study students under 
        this subsection shall meet the matching requirements of section 
        443 of the Higher Education Act of 1965 (20 U.S.C. 1087-53), 
        unless such matching requirements are waived by the Secretary.

    (b) Definition of Affected Work-study Student.--In this section, the 
term ``affected work-study student'' means a student enrolled at an 
eligible institution participating in the program under part C of title 
IV of the Higher Education Act of 1965 (20 U.S.C. 1087-51 et seq.) who--
            (1) received a work-study award under section 443 of the 
        Higher Education Act of 1965 (20 U.S.C. 1087-53) for the 
        academic year during which a qualifying emergency occurred;
            (2) earned Federal work-study wages from such eligible 
        institution for such academic year; and
            (3) was prevented from fulfilling the student's work-study 
        obligation for all or part of such academic year due to such 
        qualifying emergency.

[[Page 134 STAT. 398]]

SEC. 3506. <<NOTE: 20 USC 1001 note.>>  ADJUSTMENT OF SUBSIDIZED 
                          LOAN USAGE LIMITS.

     Notwithstanding section 455(q)(3) of the Higher Education Act of 
1965 (20 U.S.C. 1087e(q)(3)), the Secretary shall exclude from a 
student's period of enrollment for purposes of loans made under part D 
of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et 
seq.) any semester (or the equivalent) that the student does not 
complete due to a qualifying emergency, if the Secretary is able to 
administer such policy in a manner that limits complexity and the burden 
on the student.
SEC. 3507. <<NOTE: 20 USC 1001 note.>>  EXCLUSION FROM FEDERAL 
                          PELL GRANT DURATION LIMIT.

    The Secretary shall exclude from a student's Federal Pell Grant 
duration limit under section 401(c)(5) of the Higher Education Act of 
1965 (2 U.S.C. 1070a(c)(5)) any semester (or the equivalent) that the 
student does not complete due to a qualifying emergency if the Secretary 
is able to administer such policy in a manner that limits complexity and 
the burden on the student.
SEC. 3508. <<NOTE: 20 USC 1001 note.>>  INSTITUTIONAL REFUNDS AND 
                          FEDERAL STUDENT LOAN FLEXIBILITY.

    (a) Institutional Waiver.--
            (1) In general.--The Secretary shall waive the institutional 
        requirement under section 484B of the Higher Education Act of 
        1965 (20 U.S.C. 1091b) with respect to the amount of grant or 
        loan assistance (other than assistance received under part C of 
        title IV of such Act) to be returned under such section if a 
        recipient of assistance under title IV of the Higher Education 
        Act of 1965 (20 U.S.C. 1070 et seq.) withdraws from the 
        institution of higher education during the payment period or 
        period of enrollment as a result of a qualifying emergency.
            (2) <<NOTE: Requirements.>>  Waivers.--The Secretary shall 
        require each institution using a waiver relating to the 
        withdrawal of recipients under this subsection to report the 
        number of such recipients, the amount of grant or loan 
        assistance (other than assistance received under part C of title 
        IV of such Act) associated with each such recipient, and the 
        total amount of grant or loan assistance (other than assistance 
        received under part C of title IV of such Act) for which each 
        institution has not returned assistance under title IV to the 
        Secretary.

    (b) Student Waiver.--The Secretary shall waive the amounts that 
students are required to return under section 484B of the Higher 
Education Act of 1965 (20 U.S.C. 1091b) with respect to Federal Pell 
Grants or other grant assistance if the withdrawals on which the returns 
are based, are withdrawals by students who withdrew from the institution 
of higher education as a result of a qualifying emergency.
    (c) Canceling Loan Obligation.--Notwithstanding any other provision 
of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the 
Secretary shall cancel the borrower's obligation to repay the entire 
portion of a loan made under part D of title IV of such Act (20 U.S.C. 
1087a et seq.) associated with a payment period for a recipient of such 
loan who withdraws from the institution of higher education during the 
payment period as a result of a qualifying emergency.
    (d) Approved Leave of Absence.--Notwithstanding any other provision 
of the Higher Education Act of 1965 (20 U.S.C. 1001

[[Page 134 STAT. 399]]

et seq.), for purposes of receiving assistance under title IV of the 
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), an institution of 
higher education may, as a result of a qualifying emergency, provide a 
student with an approved leave of absence that does not require the 
student to return at the same point in the academic program that the 
student began the leave of absence if the student returns within the 
same semester (or the equivalent).
SEC. 3509. <<NOTE: 20 USC 1001 note.>>  SATISFACTORY ACADEMIC 
                          PROGRESS.

    Notwithstanding section 484 of the Higher Education Act of 1965 (20 
U.S.C. 1091), in determining whether a student is maintaining 
satisfactory academic progress for purposes of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1070 et seq.), an institution of higher 
education may, as a result of a qualifying emergency, exclude from the 
quantitative component of the calculation any attempted credits that 
were not completed by such student without requiring an appeal by such 
student.
SEC. 3510. <<NOTE: 20 USC 1001 note.>>  CONTINUING EDUCATION AT 
                          AFFECTED FOREIGN INSTITUTIONS.

    (a) In General.--Notwithstanding section 481(b) of the Higher 
Education Act of 1965 (20 U.S.C. 1088(b)), with respect to a foreign 
institution, in the case of a public health emergency, major disaster or 
emergency, or national emergency declared by the applicable government 
authorities in the country in which the foreign institution is located, 
the Secretary may permit any part of an otherwise eligible program to be 
offered via distance education for the duration of such emergency or 
disaster and the following payment period for purposes of title IV of 
the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
    (b) <<NOTE: Time periods.>>  Eligibility.--An otherwise eligible 
program that is offered in whole or in part through distance education 
by a foreign institution between March 1, 2020, and the date of 
enactment of this Act shall be deemed eligible for the purposes of part 
D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et 
seq.) for the duration of the qualifying emergency and the following 
payment period for purposes of title IV of the Higher Education Act of 
1965 (20 U.S.C. 1070 et seq.). <<NOTE: Reports. Deadlines.>>  An 
institution of higher education that uses the authority provided in the 
previous sentence shall report such use to the Secretary--
            (1) for the 2019-2020 award year, not later than June 30, 
        2020; and
            (2) for an award year subsequent to the 2019-2020 award 
        year, not later than 30 days after such use.

    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, and every 180 days thereafter for the duration of the 
qualifying emergency and the following payment period, the Secretary 
shall submit to the authorizing committees (as defined in section 103 of 
the Higher Education Act of 1965 (20 U.S.C. 1003)) a report that 
identifies each foreign institution that carried out a distance 
education program authorized under this section.
    (d) Written Arrangements.--
            (1) In general.--Notwithstanding section 102 of the Higher 
        Education Act of 1965 (20 U.S.C. 1002), for the duration of a 
        qualifying emergency and the following payment period, the 
        Secretary may allow a foreign institution to enter into a 
        written arrangement with an institution of higher education 
        located in the United States that participates in the Federal

[[Page 134 STAT. 400]]

        Direct Loan Program under part D of title IV of the Higher 
        Education Act of 1965 (20 U.S.C. 1087a et seq.) for the purpose 
        of allowing a student of the foreign institution who is a 
        borrower of a loan made under such part to take courses from the 
        institution of higher education located in the United States.
            (2) Form of arrangements.--
                    (A) Public or other nonprofit institutions.--A 
                foreign institution that is a public or other nonprofit 
                institution may enter into a written arrangement under 
                subsection (a) only with an institution of higher 
                education described in section 101 of such Act (20 
                U.S.C. 1001).
                    (B) Other institutions.--A foreign institution that 
                is a graduate medical school, nursing school, or a 
                veterinary school and that is not a public or other 
                nonprofit institution may enter into a written 
                arrangement under subsection (a) with an institution of 
                higher education described in section 101 or section 102 
                of such Act (20 U.S.C. 1001 and 1002).
            (3) <<NOTE: Deadlines.>>  Report on use.--An institution of 
        higher education that uses the authority described in paragraph 
        (2) shall report such use to the Secretary--
                    (A) for the 2019-2020 award year, not later than 
                June 30, 2020; and
                    (B) for an award year subsequent to the 2019-2020 
                award year, not later than 30 days after such use.
            (4) Report from the secretary.--Not later than 180 days 
        after the date of enactment of this Act, and every 180 days 
        thereafter for the duration of the qualifying emergency and the 
        following payment period, the Secretary shall submit to the 
        authorizing committees (as defined in section 103 of the Higher 
        Education Act of 1965 (20 U.S.C. 1003)) a report that identifies 
        each foreign institution that entered into a written arrangement 
        authorized under subsection (a).
SEC. 3511. <<NOTE: Determinations. 20 USC 7861 note.>>  NATIONAL 
                          EMERGENCY EDUCATIONAL WAIVERS.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary may, upon the request of a State educational agency or Indian 
tribe, waive any statutory or regulatory provision described under 
paragraphs (1) and (2) of subsection (b), and upon the request of a 
local educational agency, waive any statutory or regulatory provision 
described under paragraph (2) of subsection (b), if the Secretary 
determines that such a waiver is necessary and appropriate due to the 
emergency involving Federal primary responsibility determined to exist 
by the President under the section 501(b) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with 
respect to the Coronavirus Disease 2019 (COVID-19).
    (b) Applicable Provisions of Law.--
            (1) Streamlined waivers.--The Secretary shall create an 
        expedited application process to request a waiver and the 
        Secretary may waive any statutory or regulatory requirements for 
        a State educational agency (related to assessments, 
        accountability, and reporting requirements related to 
        assessments and accountability), if the Secretary determines 
        that such a waiver is necessary and appropriate as described in 
        subsection (a), under the following provisions of law:

[[Page 134 STAT. 401]]

                    (A) The following provisions under section 1111 of 
                the Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311):
                          (i) Paragraphs (2) and (3) of subsection (b).
                          (ii) Subsection (c)(4).
                          (iii) Subparagraphs (C) and (D) of subsection 
                      (d)(2).
                          (iv) The following provisions under subsection 
                      (h) of such section 1111:
                                    (I) Clauses (i), (ii), (iii)(I), 
                                (iv), (v), (vi), (vii), and (xi) of 
                                paragraph (1)(C).
                                    (II) Paragraph (2)(C) with respect 
                                to the waived requirements under 
                                subclause (I).
                                    (III) Clauses (i) and (ii) of 
                                paragraph (2)(C).
                    (B) Section 421(b) of the General Education 
                Provisions Act (20 U.S.C. 1225(b)).
            (2) State and locally-requested waivers.--For a State 
        educational agency, local educational agency, or Indian tribe 
        that receives funds under a program authorized under the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 
        et seq.) that requests a waiver under subsection (c), the 
        Secretary may waive statutory and regulatory requirements under 
        any of the following provisions of such Act:
                    (A) Section 1114(a)(1).
                    (B) Section 1118(a) and section 8521.
                    (C) Section 1127.
                    (D) Section 4106(d).
                    (E) Subparagraphs (C), (D), and (E) of section 
                4106(e)(2).
                    (F) Section 4109(b).
                    (G) The definition under section 8101(42) for 
                purposes of the Elementary and Secondary Education Act 
                of 1965 (20 U.S.C. 6301 et seq.).
            (3) Applicability to charter schools.--Any waivers issued by 
        the Secretary under this section shall be implemented, as 
        applicable--
                    (A) for all public schools, including public charter 
                schools within the boundaries of the recipient of the 
                waiver;
                    (B) in accordance with State charter school law; and
                    (C) pursuant to section 1111(c)(5) of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 
                6311(c)(5)).
            (4) Limitation.--Nothing in this section shall be construed 
        to allow the Secretary to waive any statutory or regulatory 
        requirements under applicable civil rights laws.
            (5) Accountability and improvement.--Any school located in a 
        State that receives a waiver under paragraph (1) and that is 
        identified for comprehensive support and improvement, targeted 
        support and improvement, or additional targeted support in the 
        2019-2020 school year under section 1111(c)(4)(D) or section 
        1111(d)(2) of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 6311(c)(4)(D) or (d)(2)) shall maintain that 
        identification status in the 2020-2021 school year and continue 
        to receive supports and interventions consistent with the 
        school's support and improvement plan in the 2020-2021 school 
        year.

    (c) State and Local Requests for Waivers.--
            (1) In general.--A State educational agency, local 
        educational agency, or Indian tribe that desires a waiver from

[[Page 134 STAT. 402]]

        any statutory or regulatory provision described under subsection 
        (b)(2), may submit a waiver request to the Secretary in 
        accordance with this subsection.
            (2) Requests submitted.--A request for a waiver under this 
        subsection shall--
                    (A) identify the Federal programs affected by the 
                requested waiver;
                    (B) describe which Federal statutory or regulatory 
                requirements are to be waived;
                    (C) describe how the emergency involving Federal 
                primary responsibility determined to exist by the 
                President under the section 501(b) of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5191(b)) with respect to the Coronavirus 
                Disease 2019 (COVID-19) prevents or otherwise restricts 
                the ability of the State, State educational agency, 
                local educational agency, Indian tribe, or school to 
                comply with such statutory or regulatory requirements; 
                and
                    (D) provide an assurance that the State educational 
                agency, local educational agency, or Indian tribe will 
                work to mitigate any negative effects, if any, that may 
                occur as a result of the requested waiver.
            (3) Secretary approval.--
                    (A) <<NOTE: Deadline.>>  In general.--Except as 
                provided under subparagraph (B), the Secretary shall 
                approve or disapprove a waiver request submitted under 
                paragraph (1) not more than 30 days after the date on 
                which such request is submitted.
                    (B) Exceptions.--The Secretary may disapprove a 
                waiver request submitted under paragraph (1), only if 
                the Secretary determines that--
                          (i) the waiver request does not meet the 
                      requirements of this section;
                          (ii) the waiver is not permitted pursuant to 
                      subsection (b)(2); or
                          (iii) the description required under paragraph 
                      (2)(C) provides insufficient information to 
                      demonstrate that the waiving of such requirements 
                      is necessary or appropriate consistent with 
                      subsection (a).
            (4) Duration.--A waiver approved by the Secretary under this 
        section may be for a period not to exceed the 2019-2020 academic 
        year, except to carry out full implementation of any maintenance 
        of effort waivers granted during the 2019-2020 academic year.

    (d) Reporting and Publication.--
            (1) <<NOTE: State and local government. Web posting.>>  
        Public notice.--A State educational agency, Indian Tribe, or 
        local educational agency requesting a waiver under subsection 
        (b)(2) shall provide the public and all local educational 
        agencies in the State with notice of, and the opportunity to 
        comment on, the request by posting information regarding the 
        waiver request and the process for commenting on the State 
        website.
            (2) <<NOTE: Deadline.>>  Notifying congress.--Not later than 
        7 days after granting a waiver under this section, the Secretary 
        shall notify the Committee on Health, Education, Labor, and 
        Pensions of the Senate, the Committee on Appropriations of the 
        Senate,

[[Page 134 STAT. 403]]

        the Committee on Education and Labor of the House of 
        Representatives, and the Committee on Appropriations of the 
        House of Representatives of such waiver.
            (3) <<NOTE: Deadline. Federal 
        Register, publication. Notice. Web posting.>>  Publication.--Not 
        later than 30 days after granting a waiver under this section, 
        the Secretary shall publish a notice of the Secretary's decision 
        (including which waiver was granted and the reason for granting 
        the waiver) in the Federal Register and on the website of the 
        Department of Education.
            (4) <<NOTE: Recommenda- tions.>>  Report.--Not later than 30 
        days after the date of enactment of this Act, the Secretary 
        shall prepare and submit a report to the Committee on Health, 
        Education, Labor, and Pensions and the Committee on 
        Appropriations of the Senate, and the Committee on Education and 
        Labor and the Committee on Appropriations of the House of 
        Representatives, with recommendations on any additional waivers 
        under the Individuals with Disabilities Education Act (20 U.S.C. 
        1401 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 et 
        seq.), the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6301 et seq.), and the Carl D. Perkins Career and 
        Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) the 
        Secretary believes are necessary to be enacted into law to 
        provide limited flexibility to States and local educational 
        agencies to meet the needs of students during the emergency 
        involving Federal primary responsibility determined to exist by 
        the President under section 501(b) of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) 
        with respect to the Coronavirus Disease 2019 (COVID-19).

    (e) <<NOTE: Definition.>>  Terms.--In this section, the term ``State 
educational agency'' includes the Bureau of Indian Education, and the 
term ``local educational agency'' includes Bureau of Indian Education 
funded schools operated pursuant to a grant under the Tribally 
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), or a contract 
under the Indian Self-Determination and Education Assistance Act (25 
U.S.C. 5301 et seq.).
SEC. 3512. <<NOTE: 20 USC 1001 note.>>  HBCU CAPITAL FINANCING.

    (a) Deferment Period.--
            (1) In general.--Notwithstanding any provision of title III 
        of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.), or 
        any regulation promulgated under such title, the Secretary may 
        grant a deferment, for the duration of a qualifying emergency, 
        to an institution that has received a loan under part D of title 
        III of such Act (20 U.S.C. 1066 et seq.).
            (2) Terms.--During the deferment period granted under this 
        subsection--
                    (A) the institution shall not be required to pay any 
                periodic installment of principal or interest required 
                under the loan agreement for such loan; and
                    (B) the Secretary shall make principal and interest 
                payments otherwise due under the loan agreement.
            (3) Closing.--At the closing of a loan deferred under this 
        subsection, terms shall be set under which the institution shall 
        be required to repay the Secretary for the payments of principal 
        and interest made by the Secretary during the deferment, on a 
        schedule that begins upon repayment to the lender in full on the 
        loan agreement, except in no case shall repayment

[[Page 134 STAT. 404]]

        be required to begin before the date that is 1 full fiscal year 
        after the date that is the end of the qualifying emergency.

    (b) Termination Date.--
            (1) In general.--The authority provided under this section 
        to grant a loan deferment under subsection (a) shall terminate 
        on the date on which the qualifying emergency is no longer in 
        effect.
            (2) Duration.--Any provision of a loan agreement or 
        insurance agreement modified by the authority under this section 
        shall remain so modified for the duration of the period covered 
        by the loan agreement or insurance agreement.

    (c) <<NOTE: Time period.>>  Report.--Not later than 180 days after 
the date of enactment of this Act, and every 180 days thereafter during 
the period beginning on the first day of the qualifying emergency and 
ending on September 30 of the fiscal year following the end of the 
qualifying emergency, the Secretary shall submit to the authorizing 
committees (as defined in section 103 of the Higher Education Act of 
1965 (20 U.S.C. 1003)) a report that identifies each institution that 
received assistance under this section.

    (d) Funding.--There is hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, $62,000,000 to carry out this 
section.
SEC. 3513. <<NOTE: 20 USC 1001 note.>>  TEMPORARY RELIEF FOR 
                          FEDERAL STUDENT LOAN BORROWERS.

    (a) In General.--The Secretary shall suspend all payments due for 
loans made under part D and part B (that are held by the Department of 
Education) of title IV of the Higher Education Act of 1965 (20 U.S.C. 
1087a et seq.; 1071 et seq.) through September 30, 2020.
    (b) No Accrual of Interest.--Notwithstanding any other provision of 
the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), interest 
shall not accrue on a loan described under subsection (a) for which 
payment was suspended for the period of the suspension.
    (c) Consideration of Payments.--Notwithstanding any other provision 
of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the 
Secretary shall deem each month for which a loan payment was suspended 
under this section as if the borrower of the loan had made a payment for 
the purpose of any loan forgiveness program or loan rehabilitation 
program authorized under part D or B of title IV of the Higher Education 
Act of 1965 (20 U.S.C. 1087a et seq.; 1071 et seq.) for which the 
borrower would have otherwise qualified.
    (d) Reporting to Consumer Reporting Agencies.--During the period in 
which the Secretary suspends payments on a loan under subsection (a), 
the Secretary shall ensure that, for the purpose of reporting 
information about the loan to a consumer reporting agency, any payment 
that has been suspended is treated as if it were a regularly scheduled 
payment made by a borrower.
    (e) Suspending Involuntary Collection.--During the period in which 
the Secretary suspends payments on a loan under subsection (a), the 
Secretary shall suspend all involuntary collection related to the loan, 
including--
            (1) a wage garnishment authorized under section 488A of the 
        Higher Education Act of 1965 (20 U.S.C. 1095a) or section 3720D 
        of title 31, United States Code;

[[Page 134 STAT. 405]]

            (2) a reduction of tax refund by amount of debt authorized 
        under section 3720A of title 31, United States Code, or section 
        6402(d) of the Internal Revenue Code of 1986;
            (3) a reduction of any other Federal benefit payment by 
        administrative offset authorized under section 3716 of title 31, 
        United States Code (including a benefit payment due to an 
        individual under the Social Security Act or any other provision 
        described in subsection (c)(3)(A)(i) of such section); and
            (4) any other involuntary collection activity by the 
        Secretary.

    (f) Waivers.--In carrying out this section, the Secretary may waive 
the application of--
            (1) subchapter I of chapter 35 of title 44, United States 
        Code (commonly known as the ``Paperwork Reduction Act'');
            (2) the master calendar requirements under section 482 of 
        the Higher Education Act of 1965 (20 U.S.C. 1089);
            (3) negotiated rulemaking under section 492 of the Higher 
        Education Act of 1965 (20 U.S.C. 1098a); and
            (4) <<NOTE: Notices. Deadline.>>  the requirement to publish 
        the notices related to the system of records of the agency 
        before implementation required under paragraphs (4) and (11) of 
        section 552a(e) of title 5, United States Code (commonly known 
        as the ``Privacy Act of 1974''), except that the notices shall 
        be published not later than 180 days after the date of enactment 
        of this Act.

    (g) Notice to Borrowers and Transition Period.--To inform borrowers 
of the actions taken in accordance with this section and ensure an 
effective transition, the Secretary shall--
            (1) <<NOTE: Deadline.>>  not later than 15 days after the 
        date of enactment of this Act, notify borrowers--
                    (A) of the actions taken in accordance with 
                subsections (a) and (b) for whom payments have been 
                suspended and interest waived;
                    (B) of the actions taken in accordance with 
                subsection (e) for whom collections have been suspended;
                    (C) of the option to continue making payments toward 
                principal; and
                    (D) that the program under this section is a 
                temporary program.
            (2) <<NOTE: Effective date.>>  beginning on August 1, 2020, 
        carry out a program to provide not less than 6 notices by postal 
        mail, telephone, or electronic communication to borrowers 
        indicating--
                    (A) when the borrower's normal payment obligations 
                will resume; and
                    (B) that the borrower has the option to enroll in 
                income-driven repayment, including a brief description 
                of such options.
SEC. 3514. <<NOTE: 42 USC 12501 note.>>  PROVISIONS RELATED TO THE 
                          CORPORATION FOR NATIONAL AND COMMUNITY 
                          SERVICE.

    (a) Accrual of Service Hours.--
            (1) Accrual through other service hours.--
                    (A) In general.--Notwithstanding any other provision 
                of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 
                4950 et seq.) or the National and Community Service Act 
                of 1990 (42 U.S.C. 12501 et seq.), the Corporation for 
                National and Community Service shall allow an individual 
                described in subparagraph (B) to accrue other service 
                hours

[[Page 134 STAT. 406]]

                that will count toward the number of hours needed for 
                the individual's education award.
                    (B) <<NOTE: Applicability.>>  Affected 
                individuals.--Subparagraph (A) shall apply to any 
                individual serving in a position eligible for an 
                educational award under subtitle D of title I of the 
                National and Community Service Act of 1990 (42 U.S.C. 
                12601 et seq.)--
                          (i) who is performing limited service due to 
                      COVID-19; or
                          (ii) whose position has been suspended or 
                      placed on hold due to COVID-19.
            (2) Provisions in case of early exit.--In any case where an 
        individual serving in a position eligible for an educational 
        award under subtitle D of title I of the National and Community 
        Service Act of 1990 (42 U.S.C. 12601 et seq.) was required to 
        exit the position early at the direction of the Corporation for 
        National and Community Service, the Chief Executive Officer of 
        the Corporation for National and Community Service may--
                    (A) deem such individual as having met the 
                requirements of the position; and
                    (B) award the individual the full value of the 
                educational award under such subtitle for which the 
                individual would otherwise have been eligible.

    (b) Availability of Funds.--Notwithstanding any other provision of 
law, all funds made available to the Corporation for National and 
Community Service under any Act, including the amounts appropriated to 
the Corporation under the headings ``operating expenses'', ``salaries 
and expenses'', and ``office of the inspector general'' under the 
heading ``Corporation for National and Community Service'' under title 
IV of Division A of the Further Consolidated Appropriations Act, 2020 
(Public Law 116-94), shall remain available for the fiscal year ending 
September 30, 2021.
    (c) No Required Return of Grant Funds.--Notwithstanding section 
129(l)(3)(A)(i) of the National and Community Service Act of 1990 (42 
U.S.C. 12581(l)(3)(A)(i)), the Chief Executive Officer of the 
Corporation for National and Community Service may permit fixed-amount 
grant recipients under such section 129(l) to maintain a pro rata amount 
of grant funds, at the discretion of the Corporation for National and 
Community Service, for participants who exited, were suspended, or are 
serving in a limited capacity due to COVID-19, to enable the grant 
recipients to maintain operations and to accept participants.
    (d) <<NOTE: Time period.>>  Extension of Terms and Age Limits.--
Notwithstanding any other provision of law, the Corporation for National 
and Community Service may extend the term of service (for a period not 
to exceed the 1-year period immediately following the end of the 
national emergency) or waive any upper age limit (except in no case 
shall the maximum age exceed 26 years of age) for national service 
programs carried out by the National Civilian Community Corps under 
subtitle E of title I of the National and Community Service Act of 1990 
(42 U.S.C. 12611 et seq.), and the participants in such programs, for 
the purposes of--
            (1) addressing disruptions due to COVID-19; and
            (2) minimizing the difficulty in returning to full operation 
        due to COVID-19 on such programs and participants.

[[Page 134 STAT. 407]]

SEC. 3515. <<NOTE: 29 USC 3163 note.>>  WORKFORCE RESPONSE 
                          ACTIVITIES.

    (a) Administrative Costs.--Notwithstanding section 128(b)(4) of the 
Workforce Innovation Opportunity Act (29 U.S.C. 3163(b)(4)), of the 
total amount allocated to a local area (including the total amount 
allotted to a single State local area) under subtitle B of title I of 
such Act (29 U.S.C. 3151 et seq.) for program year 2019, not more than 
20 percent of the total amount may be used for the administrative costs 
of carrying out local workforce investment activities under chapter 2 or 
chapter 3 of subtitle B of title I of such Act, if the portion of the 
total amount that exceeds 10 percent of the total amount is used to 
respond to a qualifying emergency.
    (b) Rapid Response Activities.--
            (1) Statewide rapid response.--Of the funds reserved by a 
        Governor for program year 2019 for statewide activities under 
        section 128(a) of the Workforce Innovation and Opportunity Act 
        (29 U.S.C. 3163(a)) that remain unobligated, such funds may be 
        used for statewide rapid response activities as described in 
        section 134(a)(2)(A) of such Act (29 U.S.C. 3174(a)(2)(A)) for 
        responding to a qualifying emergency.
            (2) <<NOTE: Deadline.>>  Local boards.--Of the funds 
        reserved by a Governor for program year 2019 under section 
        133(a)(2) of such Act (29 U.S.C. 3173(a)(2)) that remain 
        unobligated, such funds may be released within 30 days after the 
        date of enactment of this Act to the local boards most impacted 
        by the coronavirus at the determination of the Governor for 
        rapid response activities related to responding to a qualifying 
        emergency.

    (c) Definitions.--Except as otherwise provided, the terms in this 
section have the meanings given the terms in section 3 of the Workforce 
Innovation and Opportunity Act (29 U.S.C. 3102).
SEC. 3516. TECHNICAL AMENDMENTS.

    (a) In General.--
            (1) Section 6103(a)(3) of the Internal Revenue Code of 1986, 
        as amended by the FUTURE Act <<NOTE: 26 USC 6103.>>  (Public Law 
        116-91), is further amended by striking ``(13), (16)'' and 
        inserting ``(13)(A), (13)(B), (13)(C), (13)(D)(i), (16)''.
            (2) Section 6103(p)(3)(A) of such Code, as so amended, is 
        further amended by striking ``(12),'' and inserting ``(12), 
        (13)(A), (13)(B), (13)(C), (13)(D)(i)''.
            (3) Section 6103(p)(4) of such Code, as so amended, is 
        further amended by striking ``(13) or (16)'' each place it 
        appears and inserting ``(13), or (16)''.
            (4) Section 6103(p)(4) of such Code, as so amended and as 
        amended by paragraph (3), is further amended by striking 
        ``(13)'' each place it appears and inserting ``(13)(A), (13)(B), 
        (13)(C), (13)(D)(i)''.
            (5) Section 6103(l)(13)(C)(ii) of such Code, as added by the 
        FUTURE Act (Public Law 116-91), is amended by striking ``section 
        236A(e)(4)'' and inserting ``section 263A(e)(4)''.

    (b) <<NOTE: 26 USC 6103 note.>>  Effective Date.--The amendments 
made by this section shall apply as if included in the enactment of the 
FUTURE Act (Public Law 116-91).

[[Page 134 STAT. 408]]

SEC. 3517. <<NOTE: 20 USC 1001 note.>>  WAIVER AUTHORITY AND 
                          REPORTING REQUIREMENT FOR INSTITUTIONAL 
                          AID.

    (a) <<NOTE: Time period.>>  Waiver Authority.--Notwithstanding any 
other provision of the Higher Education Act of 1965 (U.S.C. 1001 et 
seq.), unless enacted with specific reference to this section, for any 
institution of higher education that was receiving assistance under 
title III, title V, or subpart 4 of part A of title VII of such Act (20 
U.S.C. 1051 et seq.; 1101 et seq.; 1136a et seq.) at the time of a 
qualifying emergency, the Secretary may, for the period beginning on the 
first day of the qualifying emergency and ending on September 30 of the 
fiscal year following the end of the qualifying emergency--
            (1) waive--
                    (A) the eligibility data requirements set forth in 
                section 391(d) and 521(e) of the Higher Education Act of 
                1965 (20 U.S.C. 1068(d); 1103(e));
                    (B) the wait-out period set forth in section 313(d) 
                of the Higher Education Act of 1965 (20 U.S.C. 1059(d));
                    (C) the allotment requirements under paragraphs (2) 
                and (3) of subsection 318(e) of the Higher Education Act 
                of 1965 (20 U.S.C. 1059e(e)), and the reference to ``the 
                academic year preceding the beginning of that fiscal 
                year'' under such section 318(e)(1);
                    (D) the allotment requirements under subsections 
                (b), (c), and (g) of section 324 of the Higher Education 
                Act of 1965 (20 U.S.C. 1063), the reference to ``the end 
                of the school year preceding the beginning of that 
                fiscal year'' under such section 324(a), and the 
                reference to ``the academic year preceding such fiscal 
                year'' under such section 324(h);
                    (E) subparagraphs (A), (C), (D), and (E) of section 
                326(f)(3) of the Higher Education Act of 1965 (20 U.S.C. 
                1063b(f)(3)), and references to ``previous year'' under 
                such section 326(f)(3)(B);
                    (F) subparagraphs (A), (C), (D), and (E) of section 
                723(f)(3) and subparagraphs (A), (C), (D), and (E) of 
                section 724(f)(3) of the Higher Education Act of 1965 
                (20 U.S.C. 1136a(f)(3); 1136b(f)(3)), and references to 
                ``previous academic year'' under subparagraph (B) of 
                such sections 723(f)(3) and 724(f)(3); and
                    (G) the allotment restriction set forth in section 
                318(d)(4) and section 323(c)(2) of the Higher Education 
                Act of 1965 (20 U.S.C. 1059e(d)(4); 1062(c)(2)); and
            (2) <<NOTE: Time period.>>  waive or modify any statutory or 
        regulatory provision to ensure that institutions that were 
        receiving assistance under title III, title V, or subpart 4 of 
        part A of title VII of such Act (20 U.S.C. 1051 et seq.; 1101 et 
        seq.; 1136a et seq.) at the time of a qualifying emergency are 
        not adversely affected by any formula calculation for fiscal 
        year 2020 and for the period beginning on the first day of the 
        qualifying emergency and ending on September 30 of the fiscal 
        year following the end of the qualifying emergency, as 
        necessary.

    (b) <<NOTE: Time periods.>>  Use of Unexpended Funds.--Any funds 
paid to an institution under title III, title V, or subpart 4 of part A 
of title VII of the Higher Education Act of 1965 (20 U.S.C. 1051 et 
seq.; 1101 et seq.; 1136a et seq.) and not expended or used for the 
purposes for which the funds were paid to the institution during the 5-
year period following the date on which the funds were first paid

[[Page 134 STAT. 409]]

to the institution, may be carried over and expended during the 
succeeding 5-year period.

    (c) <<NOTE: Time period.>>  Report.--Not later than 180 days after 
the date of enactment of this Act, and every 180 days thereafter for the 
period beginning on the first day of the qualifying emergency and ending 
on September 30 of the fiscal year following the end of the qualifying 
emergency, the Secretary shall submit to the authorizing committees (as 
defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 
1003)) a report that identifies each institution that received a waiver 
or modification under this section.
SEC. 3518. <<NOTE: Time period. 20 USC 1001 note.>>  AUTHORIZED 
                          USES AND OTHER MODIFICATIONS FOR GRANTS.

    (a) In General.--The Secretary is authorized to modify the required 
and allowable uses of funds for grants awarded under part A or B of 
title III, chapter I or II of subpart 2 of part A of title IV, title V, 
or subpart 4 of part A of title VII of the Higher Education Act of 1965 
(20 U.S.C. 1057 et seq.; 1060 et seq.; 1070a-11 et seq.; 1070a-21 et 
seq.; 1101 et seq.; 1136a et seq.) to an institution of higher education 
or other grant recipient (not including individual recipients of Federal 
student financial assistance), at the request of an institution of 
higher education or other recipient of a grant (not including individual 
recipients of Federal student financial assistance) as a result of a 
qualifying emergency, for the period beginning on the first day of the 
qualifying emergency and ending on September 30 of the fiscal year 
following the end of the qualifying emergency.
    (b) Matching Requirement Modifications.--Notwithstanding any other 
provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), 
the Secretary is authorized to modify any Federal share or other 
financial matching requirement for a grant awarded on a competitive 
basis or a grant awarded under part A or B of title III or subpart 4 of 
part A of title VII of the Higher Education Act of 1965 (20 U.S.C. 1057 
et seq.; 1060 et seq.; 1136a et seq.) at the request of an institution 
of higher education or other grant recipient as a result of a qualifying 
emergency, for the period beginning on the first day of the qualifying 
emergency and ending on September 30 of the fiscal year following the 
end of the qualifying emergency.
    (c) Reports.--Not later than 180 days after the date of enactment of 
this Act, and every 180 days thereafter for the duration of the period 
beginning on the first day of the qualifying emergency and ending on 
September 30 of the fiscal year following the end of the qualifying 
emergency, the Secretary shall submit to the authorizing committees (as 
defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 
1003)) a report that identifies each institution of higher education or 
other grant recipient that received a modification under this section.
SEC. 3519. <<NOTE: 20 USC 1001 note.>>  SERVICE OBLIGATIONS FOR 
                          TEACHERS.

    (a) Teach Grants.--For the purpose of section 420N of the Higher 
Education Act of 1965 (20 U.S.C. 1070g-2), during a qualifying 
emergency, the Secretary--
            (1) may modify the categories of extenuating circumstances 
        under which a recipient of a grant under subpart 9 of part A of 
        title IV of the Higher Education Act of 1965 (20 U.S.C. 1070g et 
        seq.) who is unable to fulfill all or part of the recipient's

[[Page 134 STAT. 410]]

        service obligation may be excused from fulfilling that portion 
        of the service obligation; and
            (2) shall consider teaching service that, as a result of a 
        qualifying emergency, is part-time or temporarily interrupted, 
        to be full-time service and to fulfill the service obligations 
        under such section 420N.

    (b) <<NOTE: Waiver authority.>>  Teacher Loan Forgiveness.--
Notwithstanding section 428J or 460 of the Higher Education Act of 1965 
(20 U.S.C. 1078-10; 1087j), the Secretary shall waive the requirements 
under such sections that years of teaching service shall be consecutive 
if--
            (1) the teaching service of a borrower is temporarily 
        interrupted due to a qualifying emergency; and
            (2) after the temporary interruption due to a qualifying 
        emergency, the borrower resumes teaching service and completes a 
        total of 5 years of qualifying teaching service under such 
        sections, including qualifying teaching service performed 
        before, during, and after such qualifying emergency.

                      Subtitle C--Labor Provisions

SEC. 3601. LIMITATION ON PAID LEAVE.

    Section 110(b)(2)(B) of the Family and Medical Leave Act of 1993 (as 
added by the Emergency Family and Medical Leave Expansion 
Act) <<NOTE: Ante, p. 191.>>  is amended by striking clause (ii) and 
inserting the following:
                          ``(ii) Limitation.--An employer shall not be 
                      required to pay more than $200 per day and $10,000 
                      in the aggregate for each employee for paid leave 
                      under this section.''.
SEC. 3602. EMERGENCY PAID SICK LEAVE ACT LIMITATION.

    Section 5102 of the Emergency Paid Sick Leave Act (division E of the 
Families First Coronavirus Response Act) <<NOTE: Ante, p. 195.>>  is 
amended by adding at the end the following:

    ``(f) Limitations.--An employer shall not be required to pay more 
than either--
            ``(1) $511 per day and $5,110 in the aggregate for each 
        employee, when the employee is taking leave for a reason 
        described in paragraph (1), (2), or (3) of section 5102(a); or
            ``(2) $200 per day and $2,000 in the aggregate for each 
        employee, when the employee is taking leave for a reason 
        described in paragraph (4), (5), or (6) of section 5102(a).''.
SEC. 3603. UNEMPLOYMENT INSURANCE.

    Section 903(h)(2)(B) of the Social Security Act (42 U.S.C. 
1103(h)(2)(B)), as added by section 4102 of the Emergency Unemployment 
Insurance Stabilization and Access Act of <<NOTE: Ante, p. 193.>>  2020, 
is amended to read as follows:
                    ``(B) The State ensures that applications for 
                unemployment compensation, and assistance with the 
                application process, are accessible, to the extent 
                practicable in at least two of the following: in person, 
                by phone, or online.''.
SEC. 3604. OMB WAIVER OF PAID FAMILY AND PAID SICK LEAVE.

    (a) Family and Medical Leave Act of 1993.--Section 110(a) of title I 
of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.) (as 
added by division C of the Families First

[[Page 134 STAT. 411]]

Coronavirus Response Act) <<NOTE: Ante, p. 189.>>  is amended by adding 
at the end the following new paragraph:
            ``(4) The Director of the Office of Management and Budget 
        shall have the authority to exclude for good cause from the 
        requirements under subsection (b) certain employers of the 
        United States Government with respect to certain categories of 
        Executive Branch employees.''.

    (b) Emergency Paid Sick Leave Act.--The Emergency Paid Sick Leave 
Act (division E of the Families First Coronavirus Response Act) is 
amended by adding at the end the following new section:
``SEC. 5112. <<NOTE: 29 USC 2601 note.>>  AUTHORITY TO EXCLUDE 
                          CERTAIN EMPLOYEES.

    ``The Director of the Office of Management and Budget shall have the 
authority to exclude for good cause from the definition of employee 
under section 5110(1) certain employees described in subparagraphs (E) 
and (F) of such section, including by exempting certain United States 
Government employers covered by section 5110(2)(A)(i)(V) from the 
requirements of this title with respect to certain categories of 
Executive Branch employees.''.
SEC. 3605. PAID LEAVE FOR REHIRED EMPLOYEES.

    Section 110(a)(1)(A) of the Family and Medical Leave Act of 1993, as 
added by section 3102 of the Emergency Family and Medical Leave 
Expansion Act <<NOTE: Ante, p. 189.>> , is amended to read as follows:
                    ``(A) <<NOTE: Definitions. Time periods.>>  Eligible 
                employee.--
                          ``(i) In general.--In lieu of the definition 
                      in sections 101(2)(A) and 101(2)(B)(ii), the term 
                      `eligible employee' means an employee who has been 
                      employed for at least 30 calendar days by the 
                      employer with respect to whom leave is requested 
                      under section 102(a)(1)(F).
                          ``(ii) Rule regarding rehired employees.--For 
                      purposes of clause (i), the term `employed for at 
                      least 30 calendar days', used with respect to an 
                      employee and an employer described in clause (i), 
                      includes an employee who was laid off by that 
                      employer not earlier than March 1, 2020, had 
                      worked for the employer for not less than 30 of 
                      the last 60 calendar days prior to the employee's 
                      layoff, and was rehired by the employer.''.
SEC. 3606. ADVANCE REFUNDING OF CREDITS.

    (a) Payroll Credit for Required Paid Sick Leave.--Section 7001 of 
division G of the Families First Coronavirus Response Act is amended-- 
<<NOTE: Ante, p. 210.>> 
            (1) in subsection (b)(4)(A)--
                    (A) by striking ``(A) In general.--If the amount'' 
                and inserting ``(A)(i) Credit is refundable.--If the 
                amount''; and
                    (B) by adding at the end the following:
                          ``(ii) Advancing credit.--In anticipation of 
                      the credit, including the refundable portion under 
                      clause (i), the credit may be advanced, according 
                      to forms and instructions provided by the 
                      Secretary, up to an amount calculated under 
                      subsection (a), subject to the limits under 
                      subsection (b), both calculated through the end of 
                      the most recent payroll period in the quarter.'';

[[Page 134 STAT. 412]]

            (2) in subsection (f)--
                    (A) in paragraph (4), by striking ``, and'' and 
                inserting a comma;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``, and''; and
                    (C) by adding at the end the following:
            ``(6) regulations or other guidance to permit the 
        advancement of the credit determined under subsection (a).''; 
        and
            (3) by inserting after subsection (h) the following new 
        subsection:

    ``(i) <<NOTE: Waiver authority.>>  Treatment of Deposits.--The 
Secretary of the Treasury (or the Secretary's delegate) shall waive any 
penalty under section 6656 of the Internal Revenue Code of 1986 for any 
failure to make a deposit of the tax imposed by section 3111(a) or 
3221(a) of such Code if the Secretary determines that such failure was 
due to the anticipation of the credit allowed under this section.''.

    (b) Payroll Credit for Required Paid Family Leave.--Section 7003 of 
division G of the Families First Coronavirus Response Act is amended-- 
<<NOTE: Ante, p. 214.>> 
            (1) in subsection (b)(3)--
                    (A) by striking ``If the amount'' and inserting 
                ``(A) Credit is refundable.--If the amount''; and
                    (B) by adding at the end the following:
                    ``(B) Advancing credit.--In anticipation of the 
                credit, including the refundable portion under 
                subparagraph (A), the credit may be advanced, according 
                to forms and instructions provided by the Secretary, up 
                to an amount calculated under subsection (a), subject to 
                the limits under subsection (b), both calculated through 
                the end of the most recent payroll period in the 
                quarter.'';
            (2) in subsection (f)--
                    (A) in paragraph (4), by striking ``, and'' and 
                inserting a comma;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``, and''; and
                    (C) by adding at the end the following:
            ``(6) regulations or other guidance to permit the 
        advancement of the credit determined under subsection (a).''; 
        and

    (c) by inserting after subsection (h) the following new subsection:
    ``(i) <<NOTE: Waiver authority. Determination.>>  Treatment of 
Deposits.--The Secretary of the Treasury (or the Secretary's delegate) 
shall waive any penalty under section 6656 of the Internal Revenue Code 
of 1986 for any failure to make a deposit of the tax imposed by section 
3111(a) or 3221(a) of such Code if the Secretary determines that such 
failure was due to the anticipation of the credit allowed under this 
section.''.
SEC. 3607. EXPANSION OF DOL AUTHORITY TO POSTPONE CERTAIN 
                          DEADLINES.

    Section 518 of the Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1148) is amended by striking ``or a terroristic or military 
action (as defined in section 692(c)(2) of such Code), the Secretary 
may'' and inserting ``a terroristic or military action (as defined in 
section 692(c)(2) of such Code), or a public health emergency declared 
by the Secretary of Health and Human Services pursuant to section 319 of 
the Public Health Service Act, the Secretary may''.

[[Page 134 STAT. 413]]

SEC. 3608. <<NOTE: 26 USC 430 note.>>  SINGLE-EMPLOYER PLAN 
                          FUNDING RULES.

    (a) Delay in Payment of Minimum Required Contributions.--In the case 
of any minimum required contribution (as determined under section 430(a) 
of the Internal Revenue Code of 1986 and section 303(a) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1083(a))) which (but 
for this section) would otherwise be due under section 430(j) of such 
Code (including quarterly contributions under paragraph (3) thereof) and 
section 303(j) of such Act (29 U.S.C. 1083(j)) (including quarterly 
contributions under paragraph (3) thereof) during calendar year 2020--
            (1) the due date for such contributions shall be January 1, 
        2021, and
            (2) the amount of each such minimum required contribution 
        shall be increased by interest accruing for the period between 
        the original due date (without regard to this section) for the 
        contribution and the payment date, at the effective rate of 
        interest for the plan for the plan year which includes such 
        payment date.

    (b) Benefit Restriction Status.--For purposes of section 436 of the 
Internal Revenue Code of 1986 and section 206(g) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1056(g)), a plan 
sponsor may elect to treat the plan's adjusted funding target attainment 
percentage for the last plan year ending before January 1, 2020, as the 
adjusted funding target attainment percentage for plan years which 
include calendar year 2020.
SEC. 3609. APPLICATION OF COOPERATIVE AND SMALL EMPLOYER CHARITY 
                          PENSION PLAN RULES TO CERTAIN CHARITABLE 
                          EMPLOYERS WHOSE PRIMARY EXEMPT PURPOSE 
                          IS PROVIDING SERVICES WITH RESPECT TO 
                          MOTHERS AND CHILDREN.

    (a) Employee Retirement Income Security Act of 1974.--Section 
210(f)(1) of the Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1060(f)(1)) is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph 
        (C)(iv) and inserting ``; or''; and
            (3) by inserting after subparagraph (C) the following new 
        subparagraph:
                    ``(D) that, as of January 1, 2000, was maintained by 
                an employer--
                          ``(i) described in section 501(c)(3) of the 
                      Internal Revenue Code of 1986,
                          ``(ii) who has been in existence since at 
                      least 1938,
                          ``(iii) who conducts medical research directly 
                      or indirectly through grant making, and
                          ``(iv) whose primary exempt purpose is to 
                      provide services with respect to mothers and 
                      children.''.

    (b) Internal Revenue Code of 1986.--Section 414(y)(1) of the 
Internal Revenue Code of 1986 <<NOTE: 26 USC 414.>>  is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph 
        (C)(iv) and inserting ``; or''; and
            (3) by inserting after subparagraph (C) the following new 
        subparagraph:
                    ``(D) that, as of January 1, 2000, was maintained by 
                an employer--

[[Page 134 STAT. 414]]

                          ``(i) described in section 501(c)(3),
                          ``(ii) who has been in existence since at 
                      least 1938,
                          ``(iii) who conducts medical research directly 
                      or indirectly through grant making, and
                          ``(iv) whose primary exempt purpose is to 
                      provide services with respect to mothers and 
                      children.''.

    (c) <<NOTE: 26 USC 414 note.>>  Effective Date.--The amendments made 
by this section shall apply to plan years beginning after December 31, 
2018.
SEC. 3610. <<NOTE: 41 USC 6301 note prec.>>  FEDERAL CONTRACTOR 
                          AUTHORITY.

    Notwithstanding any other provision of law, and subject to the 
availability of appropriations, funds made available to an agency by 
this Act or any other Act may be used by such agency to modify the terms 
and conditions of a contract, or other agreement, without consideration, 
to reimburse at the minimum applicable contract billing rates not to 
exceed an average of 40 hours per week any paid leave, including sick 
leave, a contractor provides to keep its employees or subcontractors in 
a ready state, including to protect the life and safety of Government 
and contractor personnel, but in no event beyond September 30, 
2020. <<NOTE: Applicability.>>  Such authority shall apply only to a 
contractor whose employees or subcontractors cannot perform work on a 
site that has been approved by the Federal Government, including a 
federally-owned or leased facility or site, due to facility closures or 
other restrictions, and who cannot telework because their job duties 
cannot be performed remotely during the public health emergency declared 
on January 31, 2020 for COVID-19: Provided, <<NOTE: Reimbursement.>>  
That the maximum reimbursement authorized by this section shall be 
reduced by the amount of credit a contractor is allowed pursuant to 
division G of Public Law 116-127 and any applicable credits a contractor 
is allowed under this Act.
SEC. 3611. TECHNICAL CORRECTIONS.
            (1) Section 110(a)(3) of the Family and Medical Leave Act of 
        1993 (as added by the Emergency and Medical Leave Expansion 
        Act) <<NOTE: Ante, p. 190.>>  is amended by striking 
        ``553(d)(A)'' and inserting ``553(d)(3)''.
            (2) Section 5111 of the Emergency Paid Sick Leave Act 
        (division E of the Families First Coronavirus <<NOTE: Ante, p. 
        201.>> Response Act) is amended by striking ``553(d)(A)'' and 
        inserting ``553(d)(3)''.
            (3) Section 110(c) of the Family and Medical Leave Act of 
        1993 (as added by the Emergency and Medical Leave Expansion Act) 
        is amended by striking ``subsection (a)(2)(A)(iii)'' and 
        inserting ``subsection (a)(2)(A)''.
            (4) Section 3104 of the Emergency Family and Medical Leave 
        Expansion Act (division C of the Families First Coronavirus 
        Response Act) <<NOTE: Ante, p. 192.>>  is amended--
                    (A) by striking ``110(a)(B)'' and inserting 
                ``section 110(a)(1)(B) of the Family and Medical Leave 
                Act of 1993''; and
                    (B) by striking ``section 107(a) for a violation of 
                section 102(a)(1)(F) if the employer does not meet the 
                definition of employer set forth in Section 
                101(4)(A)(i)'' and inserting ``section 107(a) of such 
                Act for a violation of section 102(a)(1)(F) of such Act 
                if the employer does not meet the definition of employer 
                set forth in section 101(4)(A)(i) of such Act''.

[[Page 134 STAT. 415]]

            (5) Section 5110(1) of the Emergency Paid Sick Leave Act 
        (division E of the Families First Coronavirus 
        Response <<NOTE: Ante, p. 198.>>  Act) is amended--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``terms'' and inserting ``term''; and
                    (B) in subparagraph (A)(i), by striking ``paragraph 
                (5)(A)'' and inserting ``paragraph (2)(A)''.
            (6) Section 5110(2)(B)(ii) of the Emergency Paid Sick Leave 
        Act (division E of the Families First Coronavirus Response Act) 
        is amended by striking ``clause (i)(IV)'' and inserting ``clause 
        (i)(III)''.
            (7) Section 110(a)(3) of the Family and Medical Leave Act of 
        1993 (as added by the Emergency and Medical Leave Expansion 
        Act) <<NOTE: Ante, p. 190.>>  is amended--
                    (A) by striking ``and'' after the semicolon at the 
                end of subparagraph (A);
                    (B) by striking the period at end of subparagraph 
                (B) and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) as necessary to carry out the purposes of this 
                Act, including to ensure consistency between this Act 
                and Division E and Division G of the Families First 
                Coronavirus Response Act.''.
            (8) Section 5104(1) of the Emergency Paid Sick Leave Act 
        (division E of the Families First Coronavirus 
        Response <<NOTE: Ante, p. 197.>>  Act) is amended by striking 
        ``and'' after the semicolon and inserting ``or''.
            (9) Section 5105 of the Emergency Paid Sick Leave Act 
        (division E of the Families First Coronavirus 
        Response <<NOTE: Ante, p. 197.>>  Act) is amended by adding at 
        the end the following:

    ``(c) Investigations and Collection of Data.--The Secretary of Labor 
or his designee may investigate and gather data to ensure compliance 
with this Act in the same manner as authorized by sections 9 and 11 of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 209; 211).''.

                      Subtitle D--Finance Committee

SEC. 3701. EXEMPTION FOR TELEHEALTH SERVICES.

    (a) In General.--Paragraph (2) of section 223(c) of the Internal 
Revenue Code of 1986 <<NOTE: 26 USC 223.>>  is amended by adding at the 
end the following new subparagraph:
                    ``(E) Safe harbor for absence of deductible for 
                telehealth.--In the case of plan years beginning on or 
                before December 31, 2021, a plan shall not fail to be 
                treated as a high deductible health plan by reason of 
                failing to have a deductible for telehealth and other 
                remote care services.''.

    (b) Certain Coverage Disregarded.--Clause (ii) of section 
223(c)(1)(B) of the Internal Revenue Code of 1986 is amended by striking 
``or long-term care'' and inserting ``long-term care, or (in the case of 
plan years beginning on or before December 31, 2021) telehealth and 
other remote care''.
    (c) <<NOTE: 26 USC 223 note.>>  Effective Date.--The amendments made 
by this section shall take effect on the date of the enactment of this 
Act.

[[Page 134 STAT. 416]]

SEC. 3702. INCLUSION OF CERTAIN OVER-THE-COUNTER MEDICAL PRODUCTS 
                          AS QUALIFIED MEDICAL EXPENSES.

    (a) HSAs.--Section 223(d)(2) of the Internal Revenue Code of 1986 
is <<NOTE: 26 USC 223.>>  amended--
            (1) by striking the last sentence of subparagraph (A) and 
        inserting the following: ``For purposes of this subparagraph, 
        amounts paid for menstrual care products shall be treated as 
        paid for medical care.''; and
            (2) by adding at the end the following new subparagraph:
                    ``(D) <<NOTE: Definition.>>  Menstrual care 
                product.--For purposes of this paragraph, the term 
                `menstrual care product' means a tampon, pad, liner, 
                cup, sponge, or similar product used by individuals with 
                respect to menstruation or other genital-tract 
                secretions.''.

    (b) Archer MSAs.--Section 220(d)(2)(A) of such Code is amended by 
striking the last sentence and inserting the following: ``For purposes 
of this subparagraph, amounts paid for menstrual care products (as 
defined in section 223(d)(2)(D)) shall be treated as paid for medical 
care.''.
    (c) Health Flexible Spending Arrangements and Health Reimbursement 
Arrangements.--Section 106 of such Code is amended by striking 
subsection (f) and inserting the following new subsection:
    ``(f) Reimbursements for Menstrual Care Products.--For purposes of 
this section and section 105, expenses incurred for menstrual care 
products (as defined in section 223(d)(2)(D)) shall be treated as 
incurred for medical care.''.
    (d) <<NOTE: Applicability.>>  Effective Dates.--
            (1) <<NOTE: 26 USC 220 note.>>  Distributions from savings 
        accounts.--The amendment made by subsections (a) and (b) shall 
        apply to amounts paid after December 31, 2019.
            (2) <<NOTE: 26 USC 106 note.>>  Reimbursements.--The 
        amendment made by subsection (c) shall apply to expenses 
        incurred after December 31, 2019.
SEC. 3703. INCREASING MEDICARE TELEHEALTH FLEXIBILITIES DURING 
                          EMERGENCY PERIOD.

    Section 1135 of the Social Security Act (42 U.S.C. 1320b-5) is 
amended--
            (1) in subsection (b)(8), by striking ``to an individual by 
        a qualified provider (as defined in subsection (g)(3))'' and all 
        that follows through the period and inserting ``, the 
        requirements of section 1834(m).''; and
            (2) in subsection (g), by striking paragraph (3).
SEC. 3704. ENHANCING MEDICARE TELEHEALTH SERVICES FOR FEDERALLY 
                          QUALIFIED HEALTH CENTERS AND RURAL 
                          HEALTH CLINICS DURING EMERGENCY PERIOD.

    Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is 
amended--
            (1) in the first sentence of paragraph (1), by striking 
        ``The Secretary'' and inserting ``Subject to paragraph (8), the 
        Secretary'';
            (2) in paragraph (2)(A), by striking ``The Secretary'' and 
        inserting ``Subject to paragraph (8), the Secretary'';
            (3) in paragraph (4)--

[[Page 134 STAT. 417]]

                    (A) in subparagraph (A), by striking ``The term'' 
                and inserting ``Subject to paragraph (8), the term''; 
                and
                    (B) in subparagraph (F)(i), by striking ``The term'' 
                and inserting ``Subject to paragraph (8), the term''; 
                and
            (4) by adding at the end the following new paragraph:
            ``(8) Enhancing telehealth services for federally qualified 
        health centers and rural health clinics during emergency 
        period.--
                    ``(A) In general.--During the emergency period 
                described in section 1135(g)(1)(B)--
                          ``(i) the Secretary shall pay for telehealth 
                      services that are furnished via a 
                      telecommunications system by a Federally qualified 
                      health center or a rural health clinic to an 
                      eligible telehealth individual enrolled under this 
                      part notwithstanding that the Federally qualified 
                      health center or rural clinic providing the 
                      telehealth service is not at the same location as 
                      the beneficiary;
                          ``(ii) the amount of payment to a Federally 
                      qualified health center or rural health clinic 
                      that serves as a distant site for such a 
                      telehealth service shall be determined under 
                      subparagraph (B); and
                          ``(iii) <<NOTE: Definitions.>>  for purposes 
                      of this subsection--
                                    ``(I) the term `distant site' 
                                includes a Federally qualified health 
                                center or rural health clinic that 
                                furnishes a telehealth service to an 
                                eligible telehealth individual; and
                                    ``(II) the term `telehealth 
                                services' includes a rural health clinic 
                                service or Federally qualified health 
                                center service that is furnished using 
                                telehealth to the extent that payment 
                                codes corresponding to services 
                                identified by the Secretary under clause 
                                (i) or (ii) of paragraph (4)(F) are 
                                listed on the corresponding claim for 
                                such rural health clinic service or 
                                Federally qualified health center 
                                service.
                    ``(B) Special payment rule.--
                          ``(i) In general.--The Secretary shall develop 
                      and implement payment methods that apply under 
                      this subsection to a Federally qualified health 
                      center or rural health clinic that serves as a 
                      distant site that furnishes a telehealth service 
                      to an eligible telehealth individual during such 
                      emergency period. Such payment methods shall be 
                      based on payment rates that are similar to the 
                      national average payment rates for comparable 
                      telehealth services under the physician fee 
                      schedule under section 1848. Notwithstanding any 
                      other provision of law, the Secretary may 
                      implement such payment methods through program 
                      instruction or otherwise.
                          ``(ii) Exclusion from fqhc pps calculation and 
                      rhc air calculation.--Costs associated with 
                      telehealth services shall not be used to determine 
                      the amount of payment for Federally qualified 
                      health center services under the prospective 
                      payment system under section 1834(o) or for rural 
                      health clinic services under the methodology for 
                      all-inclusive rates (established by the Secretary) 
                      under section 1833(a)(3).''.

[[Page 134 STAT. 418]]

SEC. 3705. TEMPORARY WAIVER OF REQUIREMENT FOR FACE-TO-FACE VISITS 
                          BETWEEN HOME DIALYSIS PATIENTS AND 
                          PHYSICIANS.

    Section 1881(b)(3)(B) of the Social Security Act (42 U.S.C. 
1395rr(b)(3)(B)) is amended--
            (1) in clause (i), by striking ``clause (ii)'' and inserting 
        ``clauses (ii) and (iii)'';
            (2) in clause (ii), in the matter preceding subclause (I), 
        by striking ``Clause (i)'' and inserting ``Except as provided in 
        clause (iii), clause (i)''; and
            (3) by adding at the end the following new clause:
                          ``(iii) The Secretary may waive the provisions 
                      of clause (ii) during the emergency period 
                      described in section 1135(g)(1)(B).''.
SEC. 3706. USE OF TELEHEALTH TO CONDUCT FACE-TO-FACE ENCOUNTER 
                          PRIOR TO RECERTIFICATION OF ELIGIBILITY 
                          FOR HOSPICE CARE DURING EMERGENCY 
                          PERIOD.

    Section 1814(a)(7)(D)(i) of the Social Security Act (42 U.S.C. 
1395f(a)(7(D)(i)) is amended--
            (1) by striking ``a hospice'' and inserting ``(I) subject to 
        subclause (II), a hospice''; and
            (2) by inserting after subclause (I), as added by paragraph 
        (1), the following new subclause:
                          ``(II) <<NOTE: Determination.>>  during the 
                      emergency period described in section 
                      1135(g)(1)(B), a hospice physician or nurse 
                      practitioner may conduct a face-to-face encounter 
                      required under this clause via telehealth, as 
                      determined appropriate by the Secretary; and''.
SEC. 3707. <<NOTE: 42 USC 1395m note.>>  ENCOURAGING USE OF 
                          TELECOMMUNICATIONS SYSTEMS FOR HOME 
                          HEALTH SERVICES FURNISHED DURING 
                          EMERGENCY PERIOD.

    With respect to home health services (as defined in section 1861(m) 
of the Social Security Act (42 U.S.C. 1395x(m)) that are furnished 
during the emergency period described in section 1135(g)(1)(B) of such 
Act (42 U.S.C. 1320b-5(g)(1)(B)), the Secretary of Health and Human 
Services shall consider ways to encourage the use of telecommunications 
systems, including for remote patient monitoring as described in section 
409.46(e) of title 42, Code of Federal Regulations (or any successor 
regulations) and other communications or monitoring services, consistent 
with the plan of care for the individual, including by clarifying 
guidance and conducting outreach, as appropriate.
SEC. 3708. IMPROVING CARE PLANNING FOR MEDICARE HOME HEALTH 
                          SERVICES.

    (a) Part A Provisions.--Section 1814(a) of the Social Security Act 
(42 U.S.C. 1395f(a)) is amended--
            (1) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``, a nurse practitioner or clinical nurse 
                specialist (as such terms are defined in section 
                1861(aa)(5)) who is working in accordance with State 
                law, or a physician assistant (as defined in section 
                1861(aa)(5)) who is working in accordance with State 
                law, who is'' after ``in the case of services described 
                in subparagraph (C), a physician''; and

[[Page 134 STAT. 419]]

                    (B) in subparagraph (C)--
                          (i) by inserting ``, a nurse practitioner, a 
                      clinical nurse specialist, or a physician 
                      assistant (as the case may be)'' after 
                      ``physician'' the first 2 times it appears; and
                          (ii) <<NOTE: Deadline.>>  by striking ``, and, 
                      in the case of a certification made by a 
                      physician'' and all that follows through ``face-
                      to-face encounter'' and inserting ``, and, in the 
                      case of a certification made by a physician after 
                      January 1, 2010, or by a nurse practitioner, 
                      clinical nurse specialist, or physician assistant 
                      (as the case may be) after a date specified by the 
                      Secretary (but in no case later than the date that 
                      is 6 months after the date of the enactment of the 
                      CARES Act), prior to making such certification a 
                      physician, nurse practitioner, clinical nurse 
                      specialist, or physician assistant must document 
                      that a physician, nurse practitioner, clinical 
                      nurse specialist, certified nurse-midwife (as 
                      defined in section 1861(gg)) as authorized by 
                      State law, or physician assistant has had a face-
                      to-face encounter'';
            (2) in the third sentence--
                    (A) by striking ``physician certification'' and 
                inserting ``certification'';
                    (B) <<NOTE: Regulations. Effective date.>>  by 
                inserting ``(or in the case of regulations to implement 
                the amendments made by section 3708 of the CARES Act, 
                the Secretary shall prescribe regulations, which shall 
                become effective no later than 6 months after the date 
                of the enactment of such Act)'' after ``1981''; and
                    (C) by striking ``a physician who'' and inserting 
                ``a physician, nurse practitioner, clinical nurse 
                specialist, or physician assistant who'';
            (3) in the fourth sentence, by inserting ``, nurse 
        practitioner, clinical nurse specialist, or physician 
        assistant'' after ``physician''; and
            (4) in the fifth sentence--
                    (A) by inserting ``or no later than 6 months after 
                the date of the enactment of the CARES Act for purposes 
                of documentation for certification and recertification 
                made under paragraph (2) by a nurse practitioner, 
                clinical nurse specialist, or physician assistant,'' 
                after ``January 1, 2019''; and
                    (B) by inserting ``, nurse practitioner, clinical 
                nurse specialist, or physician assistant'' after ``of 
                the physician''.

    (b) Part B Provisions.--Section 1835(a) of the Social Security Act 
(42 U.S.C. 1395n(a)) is amended--
            (1) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``, a nurse practitioner or clinical nurse 
                specialist (as those terms are defined in section 
                1861(aa)(5)) who is working in accordance with State 
                law, or a physician assistant (as defined in section 
                1861(aa)(5)) who is working in accordance with State 
                law, who is'' after ``in the case of services described 
                in subparagraph (A), a physician''; and
                    (B) in subparagraph (A)--

[[Page 134 STAT. 420]]

                          (i) in each of clauses (ii) and (iii) of 
                      subparagraph (A) by inserting ``, a nurse 
                      practitioner, a clinical nurse specialist, or a 
                      physician assistant (as the case may be)'' after 
                      ``physician''; and
                          (ii) <<NOTE: Deadline.>>  in clause (iv), by 
                      striking ``after January 1, 2010'' and all that 
                      follows through ``face-to-face encounter'' and 
                      inserting ``made by a physician after January 1, 
                      2010, or by a nurse practitioner, clinical nurse 
                      specialist, or physician assistant (as the case 
                      may be) after a date specified by the Secretary 
                      (but in no case later than the date that is 6 
                      months after the date of the enactment of the 
                      CARES Act), prior to making such certification a 
                      physician, nurse practitioner, clinical nurse 
                      specialist, or physician assistant must document 
                      that a physician, nurse practitioner, clinical 
                      nurse specialist, certified nurse-midwife (as 
                      defined in section 1861(gg)) as authorized by 
                      State law, or physician assistant has had a face-
                      to-face encounter'';
            (2) in the third sentence, by inserting ``, nurse 
        practitioner, clinical nurse specialist, or physician assistant 
        (as the case may be)'' after physician;
            (3) in the fourth sentence--
                    (A) by striking ``physician certification'' and 
                inserting ``certification'';
                    (B) <<NOTE: Regulations. Effective date.>>  by 
                inserting ``(or in the case of regulations to implement 
                the amendments made by section 3708 of the CARES Act the 
                Secretary shall prescribe regulations which shall become 
                effective no later than 6 months after the enactment of 
                such Act)'' after ``1981''; and
                    (C) by striking ``a physician who'' and inserting 
                ``a physician, nurse practitioner, clinical nurse 
                specialist, or physician assistant who'';
            (4) in the fifth sentence, by inserting ``, nurse 
        practitioner, clinical nurse specialist, or physician 
        assistant'' after ``physician''; and
            (5) in the sixth sentence--
                    (A) by inserting ``or no later than 6 months after 
                the date of the enactment of the CARES Act for purposes 
                of documentation for certification and recertification 
                made under paragraph (2) by a nurse practitioner, 
                clinical nurse specialist, or physician assistant,'' 
                after ``January 1, 2019''; and
                    (B) by inserting ``, nurse practitioner, clinical 
                nurse specialist, or physician assistant'' after ``of 
                the physician''.

    (c) Definition Provisions.--
            (1) Home health services.--Section 1861(m) of the Social 
        Security Act (42 U.S.C. 1395x(m)) is amended--
                    (A) in the matter preceding paragraph (1)--
                          (i) by inserting ``, a nurse practitioner or a 
                      clinical nurse specialist (as those terms are 
                      defined in subsection (aa)(5)), or a physician 
                      assistant (as defined in subsection (aa)(5))'' 
                      after ``physician'' the first place it appears; 
                      and
                          (ii) by inserting ``, a nurse practitioner, a 
                      clinical nurse specialist, or a physician 
                      assistant'' after ``physician'' the second place 
                      it appears; and

[[Page 134 STAT. 421]]

                    (B) in paragraph (3), by inserting ``, a nurse 
                practitioner, a clinical nurse specialist, or a 
                physician assistant'' after ``physician''.
            (2) Home health agency.--Section 1861(o)(2) of the Social 
        Security Act (42 U.S.C. 1395x(o)(2)) is amended--
                    (A) by inserting ``, nurse practitioners or clinical 
                nurse specialists (as those terms are defined in 
                subsection (aa)(5)), certified nurse-midwives (as 
                defined in subsection (gg)), or physician assistants (as 
                defined in subsection (aa)(5))'' after ``physicians''; 
                and
                    (B) by inserting ``, nurse practitioner, clinical 
                nurse specialist, certified nurse-midwife, physician 
                assistant,'' after ``physician''.
            (3) Covered osteoporosis drug.--Section 1861(kk)(1) of the 
        Social Security Act (42 U.S.C. 1395x(kk)(1)) is amended by 
        inserting ``, nurse practitioner or clinical nurse specialist 
        (as those terms are defined in subsection (aa)(5)), certified 
        nurse-midwife (as defined in subsection (gg)), or physician 
        assistant (as defined in subsection (aa)(5))'' after ``attending 
        physician''.

    (d) Home Health Prospective Payment System Provisions.--Section 1895 
of the Social Security Act (42 U.S.C. 1395fff) is amended--
            (1) in subsection (c)(1)--
                    (A) by striking ``(provided under section 
                1842(r))''; and
                    (B) by inserting ``the nurse practitioner or 
                clinical nurse specialist (as those terms are defined in 
                section 1861(aa)(5)), or the physician assistant (as 
                defined in section 1861(aa)(5))'' after ``physician''; 
                and
            (2) in subsection (e)--
                    (A) in paragraph (1)(A), by inserting ``a nurse 
                practitioner or clinical nurse specialist, or a 
                physician assistant'' after ``physician''; and
                    (B) in paragraph (2)--
                          (i) in the heading, by striking ``Physician 
                      certification'' and inserting ``Rule of 
                      construction regarding requirement for 
                      certification''; and
                          (ii) by striking ``physician''.

    (e) <<NOTE: 42 USC 1395f note.>>  Application to Medicaid.--The 
amendments made under this section shall apply under title XIX of the 
Social Security Act in the same manner and to the same extent as such 
requirements apply under title XVIII of such Act or regulations 
promulgated thereunder.

    (f) <<NOTE: Regulations. 42 USC 1395f note.>>  Effective Date.--The 
Secretary of Health and Human Services shall prescribe regulations to 
apply the amendments made by this section to items and services 
furnished, which shall become effective no later than 6 months after the 
date of the enactment of this legislation. The Secretary shall 
promulgate an interim final rule if necessary, to comply with the 
required effective date.
SEC. 3709. <<NOTE: 2 USC 901a note.>>  ADJUSTMENT OF 
                          SEQUESTRATION.

    (a) <<NOTE: Time period.>>  Temporary Suspension of Medicare 
Sequestration.--During the period beginning on May 1, 2020 and ending on 
December 31, 2020, the Medicare programs under title XVIII of the Social 
Security Act (42 U.S.C. 1395 et seq.) shall be exempt from reduction 
under any sequestration order issued before, on, or after the date of 
enactment of this Act.

[[Page 134 STAT. 422]]

    (b) Extension of Direct Spending Reductions Through Fiscal Year 
2030.--Section 251A(6) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (2 U.S.C. 901a(6)) is amended--
            (1) in subparagraph (B), in the matter preceding clause (i), 
        by striking ``through 2029'' and inserting ``through 2030''; and
            (2) in subparagraph (C), in the matter preceding clause (i), 
        by striking ``fiscal year 2029'' and inserting ``fiscal year 
        2030''.
SEC. 3710. MEDICARE HOSPITAL INPATIENT PROSPECTIVE PAYMENT SYSTEM 
                          ADD-ON PAYMENT FOR COVID-19 PATIENTS 
                          DURING EMERGENCY PERIOD.

    (a) In General.--Section 1886(d)(4)(C) of the Social Security Act 
(42 U.S.C. 1395ww(d)(4)(C)) is amended by adding at the end the 
following new clause:
    ``(iv)(I) For discharges occurring during the emergency period 
described in section 1135(g)(1)(B), in the case of a discharge of an 
individual diagnosed with COVID-19, the Secretary shall increase the 
weighting factor that would otherwise apply to the diagnosis-related 
group to which the discharge is assigned by 20 percent. The Secretary 
shall identify a discharge of such an individual through the use of 
diagnosis codes, condition codes, or other such means as may be 
necessary.
    ``(II) Any adjustment under subclause (I) shall not be taken into 
account in applying budget neutrality under clause (iii)
    ``(III) In the case of a State for which the Secretary has waived 
all or part of this section under the authority of section 1115A, 
nothing in this section shall preclude such State from implementing an 
adjustment similar to the adjustment under subclause (I).''.
    (b) <<NOTE: 42 USC 1395ww note.>>  Implementation.--Notwithstanding 
any other provision of law, the Secretary may implement the amendment 
made by subsection (a) by program instruction or otherwise.
SEC. 3711. <<NOTE: 42 USC 1395ww note.>>  INCREASING ACCESS TO 
                          POST-ACUTE CARE DURING EMERGENCY PERIOD.

    (a) Waiver of IRF 3-hour Rule.--With respect to inpatient 
rehabilitation services furnished by a rehabilitation facility described 
in section 1886(j)(1) of the Social Security Act (42 U.S.C. 
1395ww(j)(1)) during the emergency period described in section 
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)), 
the Secretary of Health and Human Services shall waive section 
412.622(a)(3)(ii) of title 42, Code of Federal Regulations (or any 
successor regulations), relating to the requirement that patients of an 
inpatient rehabilitation facility receive at least 15 hours of therapy 
per week.
    (b) Waiver of Site-neutral Payment Rate Provisions for Long-term 
Care Hospitals.--With respect to inpatient hospital services furnished 
by a long-term care hospital described in section 1886(d)(1)(B)(iv) of 
the Social Security Act (42 U.S.C. 1395ww(d)(1)(B)(iv)) during the 
emergency period described in section 1135(g)(1)(B) of the Social 
Security Act (42 U.S.C. 1320b-5(g)(1)(B)), the Secretary of Health and 
Human Services shall waive the following provisions of section 
1886(m)(6) of such Act (42 U.S.C. 1395ww(m)(6)):
            (1) LTCH 50-percent rule.--Subparagraph (C)(ii) of such 
        section, relating to the payment adjustment for long-term care

[[Page 134 STAT. 423]]

        hospitals that do not have a discharge payment percentage for 
        the period that is at least 50 percent.
            (2) Site-neutral ipps payment rate.--Subparagraph (A)(i) of 
        such section, relating to the application of the site-neutral 
        payment rate (and payment shall be made to a long-term care 
        hospital without regard to such section) for a discharge if the 
        admission occurs during such emergency period and is in response 
        to the public health emergency described in such section 
        1135(g)(1)(B).
SEC. 3712. <<NOTE: 42 USC 1395m note.>>  REVISING PAYMENT RATES 
                          FOR DURABLE MEDICAL EQUIPMENT UNDER THE 
                          MEDICARE PROGRAM THROUGH DURATION OF 
                          EMERGENCY PERIOD.

    (a) Rural and Noncontiguous Areas.--The Secretary of Health and 
Human Services shall implement section 414.210(g)(9)(iii) of title 42, 
Code of Federal Regulations (or any successor regulation), to apply the 
transition rule described in such section to all applicable items and 
services furnished in rural areas and noncontiguous areas (as such terms 
are defined for purposes of such section) as planned through December 
31, 2020, and through the duration of the emergency period described in 
section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
5(g)(1)(B)), if longer.
    (b) Areas Other Than Rural and Noncontiguous Areas.--With 
respect <<NOTE: Effective date. Applicability.>>  to items and services 
furnished on or after the date that is 30 days after the date of the 
enactment of this Act, the Secretary of Health and Human Services shall 
apply section 414.210(g)(9)(iv) of title 42, Code of Federal Regulations 
(or any successor regulation), as if the reference to ``dates of service 
from June 1, 2018 through December 31, 2020, based on the fee schedule 
amount for the area is equal to 100 percent of the adjusted payment 
amount established under this section'' were instead a reference to 
``dates of service from March 6, 2020, through the remainder of the 
duration of the emergency period described in section 1135(g)(1)(B) of 
the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)), based on the fee 
schedule amount for the area is equal to 75 percent of the adjusted 
payment amount established under this section and 25 percent of the 
unadjusted fee schedule amount''.
SEC. 3713. COVERAGE OF THE COVID-19 VACCINE UNDER PART B OF THE 
                          MEDICARE PROGRAM WITHOUT ANY COST-
                          SHARING.

    (a) Medical and Other Health Services.--Section 1861(s)(10)(A) of 
the Social Security Act (42 U.S.C. 1395x(s)(10)(A)) is amended by 
inserting ``, and COVID-19 vaccine and its administration'' after 
``influenza vaccine and its administration''.
    (b) Part B Deductible.--The first sentence of section 1833(b) of the 
Social Security Act (42 U.S.C. 1395l(b)) is amended--
            (1) in paragraph (10), by striking ``and'' at the end; and
            (2) in paragraph (11), by striking the period at the end and 
        inserting ``, and (12) such deductible shall not apply with 
        respect a COVID-19 vaccine and its administration described in 
        section 1861(s)(10)(A).''.

    (c) Medicare Advantage.--Section 1852(a)(1)(B) of the Social 
Security Act (42 U.S.C. 1395w-22(a)(1)(B)) is amended--
            (1) in clause (iv)--
                    (A) by redesignating subclause (VI) as subclause 
                (VII); and

[[Page 134 STAT. 424]]

                    (B) by inserting after subclause (V) the following 
                new subclause:
                                    ``(VI) A COVID-19 vaccine and its 
                                administration described in section 
                                1861(s)(10)(A).''; and
            (2) in clause (v), by striking ``subclauses (IV) and (V)'' 
        inserting ``subclauses (IV), (V), and (VI)''.

    (d) <<NOTE: Applicability. 42 USC 1395l note.>>  Effective Date.--
The amendments made by this section shall take effect on the date of 
enactment of this Act and shall apply with respect to a COVID-19 vaccine 
beginning on the date that such vaccine is licensed under section 351 of 
the Public Health Service Act (42 U.S.C. 262).

    (e) <<NOTE: 42 USC 1395l note.>>  Implementation.--Notwithstanding 
any other provision of law, the Secretary may implement the provisions 
of, and the amendments made by, this section by program instruction or 
otherwise.
SEC. 3714. REQUIRING MEDICARE PRESCRIPTION DRUG PLANS AND MA-PD 
                          PLANS TO ALLOW DURING THE COVID-19 
                          EMERGENCY PERIOD FOR FILLS AND REFILLS 
                          OF COVERED PART D DRUGS FOR UP TO A 3-
                          MONTH SUPPLY.

    (a) In General.--Section 1860D-4(b) of the Social Security Act (42 
U.S.C. 1395w-104(b)) is amended by adding at the end the following new 
paragraph:
            ``(4) Ensuring access during covid-19 public health 
        emergency period.--
                    ``(A) In general.--During the emergency period 
                described in section 1135(g)(1)(B), subject to 
                subparagraph (B), a prescription drug plan or MA-PD plan 
                shall, notwithstanding any cost and utilization 
                management, medication therapy management, or other such 
                programs under this part, permit a part D eligible 
                individual enrolled in such plan to obtain in a single 
                fill or refill, at the option of such individual, the 
                total day supply (not to exceed a 90-day supply) 
                prescribed for such individual for a covered part D 
                drug.
                    ``(B) Safety edit exception.--A prescription drug 
                plan or MA-PD plan may not permit a part D eligible 
                individual to obtain a single fill or refill 
                inconsistent with an applicable safety edit.''.

    (b) <<NOTE: 42 USC 1395w-104 note.>>  Implementation.--
Notwithstanding any other provision of law, the Secretary of Health and 
Human Services may implement the amendment made by this section by 
program instruction or otherwise.
SEC. 3715. PROVIDING HOME AND COMMUNITY-BASED SERVICES IN ACUTE 
                          CARE HOSPITALS.

    Section 1902(h) of the Social Security Act (42 U.S.C. 1396a(h)) is 
amended--
            (1) by inserting ``(1)'' after ``(h)'';
            (2) by inserting ``, home and community-based services 
        provided under subsection (c), (d), or (i) of section 1915 or 
        under a waiver or demonstration project under section 1115, 
        self-directed personal assistance services provided pursuant to 
        a written plan of care under section 1915(j), and home and 
        community-based attendant services and supports under section 
        1915(k)'' before the period; and
            (3) by adding at the end the following:

[[Page 134 STAT. 425]]

    ``(2) Nothing in this title, title XVIII, or title XI shall be 
construed as prohibiting receipt of any care or services specified in 
paragraph (1) in an acute care hospital that are--
            ``(A) identified in an individual's person-centered service 
        plan (or comparable plan of care);
            ``(B) provided to meet needs of the individual that are not 
        met through the provision of hospital services;
            ``(C) not a substitute for services that the hospital is 
        obligated to provide through its conditions of participation or 
        under Federal or State law, or under another applicable 
        requirement; and
            ``(D) designed to ensure smooth transitions between acute 
        care settings and home and community-based settings, and to 
        preserve the individual's functional abilities.''.
SEC. 3716. CLARIFICATION REGARDING UNINSURED INDIVIDUALS.

    Subsection (ss) of section 1902 of the Social Security Act (42 
U.S.C. 1396a), as added by section 6004(a)(3)(C) of the Families First 
Coronavirus Response Act, is amended--
            (1) in paragraph (1), by inserting ``(excluding subclause 
        (VIII) of such subsection if the individual is a resident of a 
        State which does not furnish medical assistance to individuals 
        described in such subclause)'' before the semicolon; and
            (2) in paragraph (2), by inserting ``, except that 
        individuals who are eligible for medical assistance under 
        subsection (a)(10)(A)(ii)(XII), subsection 
        (a)(10)(A)(ii)(XVIII), subsection (a)(10)(A)(ii)(XXI), or 
        subsection (a)(10)(C) (but only to the extent such an individual 
        is considered to not have minimum essential coverage under 
        section 5000A(f)(1) of the Internal Revenue Code of 1986), or 
        who are described in subsection (l)(1)(A) and are eligible for 
        medical assistance only because of subsection (a)(10)(A)(i)(IV) 
        or (a)(10)(A)(ii)(IX) and whose eligibility for such assistance 
        is limited by the State under clause (VII) in the matter 
        following subsection (a)(10)(G), shall not be treated as 
        enrolled in a Federal health care program for purposes of this 
        paragraph'' before the period at the end.
SEC. 3717. CLARIFICATION REGARDING COVERAGE OF COVID-19 TESTING 
                          PRODUCTS.

    Subparagraph (B) of section 1905(a)(3) of the Social Security Act 
(42 U.S.C. 1396d(a)(3)), as added by section 6004(a)(1)(C) of the 
Families First Coronavirus Response Act (Public Law 116-127), 
is <<NOTE: Ante, p. 204.>> amended by striking ``that are approved, 
cleared, or authorized under section 510(k), 513, 515 or 564 of the 
Federal Food, Drug, and Cosmetic Act''.
SEC. 3718. AMENDMENTS RELATING TO REPORTING REQUIREMENTS WITH 
                          RESPECT TO CLINICAL DIAGNOSTIC 
                          LABORATORY TESTS.

    (a) Revised Reporting Period for Reporting of Private Sector Payment 
Rates for Establishment of Medicare Payment Rates.--Section 
1834A(a)(1)(B) of the Social Security Act (42 U.S.C. 1395m-1(a)(1)(B)) 
is amended--
            (1) in clause (i), by striking ``December 31, 2020'' and 
        inserting ``December 31, 2021''; and
            (2) in clause (ii)--
                    (A) by striking ``January 1, 2021'' and inserting 
                ``January 1, 2022''; and

[[Page 134 STAT. 426]]

                    (B) by striking ``March 31, 2021'' and inserting 
                ``March 31, 2022''.

    (b) Revised Phase-in of Reductions From Private Payor Rate 
Implementation.--Section 1834A(b)(3) of the Social Security Act (42 
U.S.C. 1395m-1(b)(3)) is amended--
            (1) in subparagraph (A), by striking ``through 2023'' and 
        inserting ``through 2024''; and
            (2) in subparagraph (B)--
                    (A) in clause (i), by striking ``and'' at the end;
                    (B) by redesignating clause (ii) as clause (iii);
                    (C) by inserting after clause (i) the following new 
                clause:
                          ``(ii) for 2021, 0 percent; and''; and
                    (D) in clause (iii), as redesignated by subparagraph 
                (B), by striking ``2021 through 2023'' and inserting 
                ``2022 through 2024''.
SEC. 3719. EXPANSION OF THE MEDICARE HOSPITAL ACCELERATED PAYMENT 
                          PROGRAM DURING THE COVID-19 PUBLIC 
                          HEALTH EMERGENCY.

    Section 1815 of the Social Security Act (42 U.S.C. 1395g) is 
amended--
            (1) in subsection (e)(3), by striking ``In the case'' and 
        inserting ``Subject to subsection (f), in the case''; and
            (2) by adding at the end the following new subsection:

    ``(f)(1) During the emergency period described in section 
1135(g)(1)(B), the Secretary shall expand the program under subsection 
(e)(3) pursuant to paragraph (2).
    ``(2) <<NOTE: Applicability.>>  In expanding the program under 
subsection (e)(3), the following shall apply:
            ``(A)(i) In addition to the hospitals described in 
        subsection (e)(3), the following hospitals shall be eligible to 
        participate in the program:
                    ``(I) Hospitals described in clause (iii) of section 
                1886(d)(1)(B).
                    ``(II) Hospitals described in clause (v) of such 
                section.
                    ``(III) Critical access hospitals (as defined in 
                section 1861(mm)(1)).
            ``(ii) Subject to appropriate safeguards against fraud, 
        waste, and abuse, upon a request of a hospital described in 
        clause (i), the Secretary shall provide accelerated payments 
        under the program to such hospital.
            ``(B) Upon the request of the hospital, the Secretary may do 
        any of the following:
                    ``(i) Make accelerated payments on a periodic or 
                lump sum basis.
                    ``(ii) Increase the amount of payment that would 
                otherwise be made to hospitals under the program up to 
                100 percent (or, in the case of critical access 
                hospitals, up to 125 percent).
                    ``(iii) <<NOTE: Time period.>>  Extend the period 
                that accelerated payments cover so that it covers up to 
                a 6-month period.
            ``(C) <<NOTE: Time periods.>>  Upon the request of the 
        hospital, the Secretary shall do the following:
                    ``(i) Provide up to 120 days before claims are 
                offset to recoup the accelerated payment.

[[Page 134 STAT. 427]]

                    ``(ii) Allow not less than 12 months from the date 
                of the first accelerated payment before requiring that 
                the outstanding balance be paid in full.

    ``(3) Nothing in this subsection shall preclude the Secretary from 
carrying out the provisions described in clauses (i), (ii), and (iii) of 
paragraph (2)(B) and clauses (i) and (ii) of paragraph (2)(C) under the 
program under subsection (e)(3) after the period for which this 
subsection applies.
    ``(4) Notwithstanding any other provision of law, the Secretary may 
implement the provisions of this subsection by program instruction or 
otherwise.''.
SEC. 3720. DELAYING REQUIREMENTS FOR ENHANCED FMAP TO ENABLE STATE 
                          LEGISLATION NECESSARY FOR COMPLIANCE.

    Section 6008 of the Families First Coronavirus 
Response <<NOTE: Ante, p. 208.>>  Act is amended by adding at the end 
the following new subsection:

    ``(d) <<NOTE: Time period. Effective date.>>  Delay in Application 
of Premium Requirement.--During the 30 day period beginning on the date 
of enactment of this Act, a State shall not be ineligible for the 
increase to the Federal medical assistance percentage of the State 
described in subsection (a) on the basis that the State imposes a 
premium that violates the requirement of subsection (b)(2) if such 
premium was in effect on the date of enactment of this Act.''.

             Subtitle E--Health and Human Services Extenders

                       PART I--MEDICARE PROVISIONS

SEC. 3801. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER THE 
                          MEDICARE PROGRAM.

    Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w-
4(e)(1)(E)) is amended by striking ``May 23, 2020'' and inserting 
``December 1, 2020''.
SEC. 3802. <<NOTE: Time period.>>  EXTENSION OF FUNDING FOR 
                          QUALITY MEASURE ENDORSEMENT, INPUT, AND 
                          SELECTION.

    (a) In General.--Section 1890(d)(2) of the Social Security Act (42 
U.S.C. 1395aaa(d)(2)) is amended--
            (1) in the first sentence, by striking ``and $4,830,000 for 
        the period beginning on October 1, 2019, and ending on May 22, 
        2020'' and inserting ``$20,000,000 for fiscal year 2020, and for 
        the period beginning on October 1, 2020, and ending on November 
        30, 2020, the amount equal to the pro rata portion of the amount 
        appropriated for such period for fiscal year 2020''; and
            (2) in the third sentence, by striking ``and 2019 and for 
        the period beginning on October 1, 2019, and ending on May 22, 
        2020'' and inserting ``, 2019, and 2020, and for the period 
        beginning on October 1, 2020, and ending on November 30, 
        2020,''.

    (b) <<NOTE: 42 USC 1395aaa note.>>  Effective Date.--The amendments 
made by subsection (a) shall take effect as if included in the enactment 
of the Further Consolidated Appropriations Act, 2020 (Public Law 116-
94).

[[Page 134 STAT. 428]]

SEC. <<NOTE: Time period.>> 3803. EXTENSION OF FUNDING OUTREACH 
                          AND ASSISTANCE FOR LOW-INCOME PROGRAMS.

    (a) Funding Extensions.--
            (1) Additional funding for state health insurance 
        programs.--Subsection (a)(1)(B) of section 119 of the Medicare 
        Improvements for Patients and Providers Act of 2008 (42 U.S.C. 
        1395b-3 note), as amended by section 3306 of the Patient 
        Protection and Affordable Care Act (Public Law 111-148), section 
        610 of the American Taxpayer Relief Act of 2012 (Public Law 112-
        240), section 1110 of the Pathway for SGR Reform Act of 2013 
        (Public Law 113-67), section 110 of the Protecting Access to 
        Medicare Act of 2014 (Public Law 113-93), section 208 of the 
        Medicare Access and CHIP Reauthorization Act of 2015 (Public Law 
        114-10), section 50207 of division E of the Bipartisan Budget 
        Act of 2018 (Public Law 115-123), section 1402 of division B of 
        the Continuing Appropriations Act, 2020, and Health Extenders 
        Act of 2019 (Public Law 116-59), section 1402 of division B of 
        the Further Continuing Appropriations Act, 2020, and Further 
        Health Extenders Act of 2019 (Public Law 116-69), and section 
        103 of division N of the Further Consolidated Appropriations 
        Act, 2020 (Public Law 116-94) is amended by striking clauses (x) 
        through (xii) and inserting the following new clauses:
                          ``(x) for fiscal year 2020, of $13,000,000; 
                      and
                          ``(xi) for the period beginning on October 1, 
                      2020, and ending on November 30, 2020, the amount 
                      equal to the pro rata portion of the amount 
                      appropriated for such period for fiscal year 
                      2020.''.
            (2) Additional funding for area agencies on aging.--
        Subsection (b)(1)(B) of such section 119, as so amended, is 
        amended by striking clauses (x) through (xii) and inserting the 
        following new clauses:
                          ``(x) for fiscal year 2020, of $7,500,000; and
                          ``(xi) for the period beginning on October 1, 
                      2020, and ending on November 30, 2020, the amount 
                      equal to the pro rata portion of the amount 
                      appropriated for such period for fiscal year 
                      2020.''.
            (3) Additional funding for aging and disability resource 
        centers.--Subsection (c)(1)(B) of such section 119, as so 
        amended, is amended by striking clauses (x) through (xii) and 
        inserting the following new clauses:
                          ``(x) for fiscal year 2020, of $5,000,000; and
                          ``(xi) for the period beginning on October 1, 
                      2020, and ending on November 30, 2020, the amount 
                      equal to the pro rata portion of the amount 
                      appropriated for such period for fiscal year 
                      2020.''.
            (4) Additional funding for contract with the national center 
        for benefits and outreach enrollment.--Subsection (d)(2) of such 
        section 119, as so amended, is amended by striking clauses (x) 
        through (xii) and inserting the following new clauses:
                          ``(x) for fiscal year 2020, of $12,000,000; 
                      and
                          ``(xi) for the period beginning on October 1, 
                      2020, and ending on November 30, 2020, the amount 
                      equal to the pro rata portion of the amount 
                      appropriated for such period for fiscal year 
                      2020.''.

[[Page 134 STAT. 429]]

    (b) <<NOTE: 42 USC 1395b-3 note.>>  Effective Date.--The amendments 
made by subsection (a) shall take effect as if included in the enactment 
of the Further Consolidated Appropriations Act, 2020 (Public Law 116-
94).

                      PART II--MEDICAID PROVISIONS

SEC. 3811. <<NOTE: Time period.>> EXTENSION OF THE MONEY FOLLOWS 
                          THE PERSON REBALANCING DEMONSTRATION 
                          PROGRAM.

    Section 6071(h) of the Deficit Reduction Act of 2005 (42 U.S.C. 
1396a note) is amended--
            (1) in paragraph (1), by striking subparagraph (G) and 
        inserting the following:
                    ``(G) subject to paragraph (3), $337,500,000 for the 
                period beginning on January 1, 2020, and ending on 
                September 30, 2020; and
                    ``(H) subject to paragraph (3), for the period 
                beginning on October 1, 2020, and ending on November 30, 
                2020, the amount equal to the pro rata portion of the 
                amount appropriated for such period for fiscal year 
                2020.''; and
            (2) in paragraph (3), by striking ``and (G)'' and inserting 
        ``, (G), and (H)''.
SEC. 3812. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS.

    (a) In General.--Section 2404 of Public Law 111-148 (42 U.S.C. 
1396r-5 note) is amended by striking ``May 22, 2020'' and inserting 
``November 30, 2020''.
    (b) <<NOTE: 42 USC 1396a note.>>  Rule of Construction.--Nothing in 
section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) or section 
1902(a)(17) or 1924 of the Social Security Act (42 U.S.C. 1396a(a)(17), 
1396r-5) shall be construed as prohibiting a State from--
            (1) applying an income or resource disregard under a 
        methodology authorized under section 1902(r)(2) of such Act (42 
        U.S.C. 1396a(r)(2))--
                    (A) to the income or resources of an individual 
                described in section 1902(a)(10)(A)(ii)(VI) of such Act 
                (42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a 
                disregard of the income or resources of such 
                individual's spouse); or
                    (B) on the basis of an individual's need for home 
                and community-based services authorized under subsection 
                (c), (d), (i), or (k) of section 1915 of such Act (42 
                U.S.C. 1396n) or under section 1115 of such Act (42 
                U.S.C. 1315); or
            (2) disregarding an individual's spousal income and assets 
        under a plan amendment to provide medical assistance for home 
        and community-based services for individuals by reason of being 
        determined eligible under section 1902(a)(10)(C) of such Act (42 
        U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of such 
        Act (42 U.S.C. 1396a(f)) or otherwise on the basis of a 
        reduction of income based on costs incurred for medical or other 
        remedial care under which the State disregarded the income and 
        assets of the individual's spouse in determining the initial and 
        ongoing financial eligibility of an individual for such services 
        in place of the spousal impoverishment provisions applied under 
        section 1924 of such Act (42 U.S.C. 1396r-5).
SEC. 3813. DELAY OF DSH REDUCTIONS.

    Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r-
4(f)(7)(A)) is amended--

[[Page 134 STAT. 430]]

            (1) in clause (i), in the matter preceding subclause (I), by 
        striking ``May 23, 2020, and ending September 30, 2020, and for 
        each of fiscal years 2021'' and inserting ``December 1, 2020, 
        and ending September 30, 2021, and for each of fiscal years 
        2022''; and
            (2) in clause (ii)--
                    (A) in subclause (I), by striking ``May 23, 2020, 
                and ending September 30, 2020'' and inserting ``December 
                1, 2020, and ending September 30, 2021''; and
                    (B) in subclause (II), by striking ``2021'' and 
                inserting ``2022''.
SEC. 3814. EXTENSION AND EXPANSION OF COMMUNITY MENTAL HEALTH 
                          SERVICES DEMONSTRATION PROGRAM.

    (a) In General.--Section 223(d) of the Protecting Access to Medicare 
Act of 2014 (42 U.S.C. 1396a note) is amended--
            (1) in paragraph (3)--
                    (A) by striking ``Not more than'' and inserting 
                ``Subject to paragraph (8), not more than''; and
                    (B) by striking ``May 22, 2020'' and inserting 
                ``November 30, 2020''; and
            (2) by adding at the end the following new paragraph:
            ``(8) Additional programs.--
                    ``(A) <<NOTE: Deadline.>>  In general.--Not later 
                than 6 months after the date of enactment of this 
                paragraph, in addition to the 8 States selected under 
                paragraph (1), the Secretary shall select 2 States to 
                participate in 2-year demonstration programs that meet 
                the requirements of this subsection.
                    ``(B) Selection of states.--
                          ``(i) In general.--Subject to clause (ii), in 
                      selecting States under this paragraph, the 
                      Secretary--
                                    ``(I) shall select States that--
                                            ``(aa) were awarded planning 
                                        grants under subsection (c); and
                                            ``(bb) applied to 
                                        participate in the demonstration 
                                        programs under this subsection 
                                        under paragraph (1) but, as of 
                                        the date of enactment of this 
                                        paragraph, were not selected to 
                                        participate under paragraph (1); 
                                        and
                                    ``(II) shall use the results of the 
                                Secretary's evaluation of each State's 
                                application under paragraph (1) to 
                                determine which States to select, and 
                                shall not require the submission of any 
                                additional application.
                    ``(C) Requirements for selected states.--Prior to 
                services being delivered under the demonstration 
                authority in a State selected under this paragraph, the 
                State shall--
                          ``(i) <<NOTE: Plan.>>  submit a plan to 
                      monitor certified community behavioral health 
                      clinics under the demonstration program to ensure 
                      compliance with certified community behavioral 
                      health criteria during the demonstration period; 
                      and
                          ``(ii) <<NOTE: Data. Notification.>>  commit 
                      to collecting data, notifying the Secretary of any 
                      planned changes that would deviate from the 
                      prospective payment system methodology outlined in 
                      the State's demonstration application, and 
                      obtaining

[[Page 134 STAT. 431]]

                      approval from the Secretary for any such change 
                      before implementing the change.''.

    (b) Limitation.--Section 223(d)(5) of the Protecting Access to 
Medicare Act of 2014 (42 U.S.C. 1396a note) is amended--
            (1) in subparagraph (B), in the matter preceding clause (i), 
        by striking ``The Federal matching'' and inserting ``Subject to 
        subparagraph (C)(iii), the Federal matching''; and
            (2) in subparagraph (C), by adding at the end the following 
        new clause:
                          ``(iii) Payments for amounts expended after 
                      2019.--The Federal matching percentage applicable 
                      under subparagraph (B) to amounts expended by a 
                      State participating in the demonstration program 
                      under this subsection shall--
                                    ``(I) <<NOTE: Effective date. Time 
                                period.>>  in the case of a State 
                                participating in the demonstration 
                                program as of January 1, 2020, apply to 
                                amounts expended by the State during the 
                                8 fiscal quarter period (or any portion 
                                of such period) that begins on January 
                                1, 2020; and
                                    ``(II) in the case of a State 
                                selected to participate in the 
                                demonstration program under paragraph 
                                (8), during first 8 fiscal quarter 
                                period (or any portion of such period) 
                                that the State participates in a 
                                demonstration program.''.

    (c) GAO Study and Report on the Community and Mental Health Services 
Demonstration Program.--
            (1) In general.--Not later than 18 months after the date of 
        the enactment of this Act, the Comptroller General of the United 
        States shall submit to the Committee on Energy and Commerce of 
        the House of Representatives and the Committee on Finance of the 
        Senate a report on the community and mental health services 
        demonstration program conducted under section 223 of the 
        Protecting Access to Medicare Act of 2014 (42 U.S.C. 1396a note) 
        (referred to in this subsection as the ``demonstration 
        program'').
            (2) Content of report.--The report required under paragraph 
        (1) shall include the following information:
                    (A) Information on States' experiences participating 
                in the demonstration program, including the extent to 
                which States--
                          (i) measure the effects of access to certified 
                      community behavioral health clinics on patient 
                      health and cost of care, including--
                                    (I) engagement in treatment for 
                                behavioral health conditions;
                                    (II) relevant clinical outcomes, to 
                                the extent collected;
                                    (III) screening and treatment for 
                                comorbid medical conditions; and
                                    (IV) use of crisis stabilization, 
                                emergency department, and inpatient 
                                care.
                    (B) Information on Federal efforts to evaluate the 
                demonstration program, including--
                          (i) quality measures used to evaluate the 
                      program;
                          (ii) assistance provided to States on data 
                      collection and reporting;

[[Page 134 STAT. 432]]

                          (iii) <<NOTE: Assessments.>>  assessments of 
                      the reliability and usefulness of State-submitted 
                      data; and
                          (iv) the extent to which such efforts provide 
                      information on the relative quality, scope, and 
                      cost of services as compared with services not 
                      provided under the demonstration program, and in 
                      comparison to Medicaid beneficiaries with mental 
                      illness and substance use disorders not served 
                      under the demonstration program.
                    (C) <<NOTE: Recommenda- tions.>>  Recommendations 
                for improvements to the following:
                          (i) The reporting, accuracy, and validation of 
                      encounter data.
                          (ii) Accuracy in payments to certified 
                      community behavioral health clinics under State 
                      plans or waivers under title XIX of the Social 
                      Security Act (42 U.S.C. 1396 et seq.).

           PART III--HUMAN SERVICES AND OTHER HEALTH PROGRAMS

SEC. 3821. <<NOTE: Time period.>>  EXTENSION OF SEXUAL RISK 
                          AVOIDANCE EDUCATION PROGRAM.

    Section 510 of the Social Security Act (42 U.S.C. 710) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A)--
                          (i) by striking ``and 2019 and for the period 
                      beginning October 1, 2019, and ending May 22, 
                      2020'' and inserting ``through 2020 and for the 
                      period beginning October 1, 2020, and ending 
                      November 30, 2020''; and
                          (ii) by striking ``fiscal year 2020'' and 
                      inserting ``fiscal year 2021''
                    (B) in paragraph (2)(A)--
                          (i) by striking ``and 2019 and for the period 
                      beginning October 1, 2019, and ending May 22, 
                      2020'' and inserting ``through 2020 and for the 
                      period beginning October 1, 2020, and ending 
                      November 30, 2020''; and
                          (ii) by striking ``fiscal year 2020'' and 
                      inserting ``fiscal year 2021''; and
            (2) in subsection (f)(1), by striking ``and 2019 and 
        $48,287,671 for the period beginning October 1, 2019, and ending 
        May 22, 2020'' and inserting ``through 2020, and for the period 
        beginning on October 1, 2020, and ending on November 30, 2020, 
        the amount equal to the pro rata portion of the amount 
        appropriated for such period for fiscal year 2020''.
SEC. 3822. <<NOTE: Time periods.>>  EXTENSION OF PERSONAL 
                          RESPONSIBILITY EDUCATION PROGRAM.

    Section 513 of the Social Security Act (42 U.S.C. 713) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--

[[Page 134 STAT. 433]]

                          (i) in subparagraph (A), in the matter 
                      preceding clause (i), by striking ``2019 and for 
                      the period beginning October 1, 2019, and ending 
                      May 22, 2020'' and inserting ``2020 and for the 
                      period beginning October 1, 2020, and ending 
                      November 30, 2020''; and
                          (ii) in subparagraph (B)(i), by striking by 
                      striking ``October 1, 2019, and ending May 22, 
                      2020'' and inserting ``October 1, 2020, and ending 
                      November 30, 2020'';
            (2) in paragraph (4)(A), by striking ``2019'' each place it 
        appears and inserting ``2020''; and
            (3) in subsection (f), by striking ``2019 and $48,287,671 
        for the period beginning October 1, 2019, and ending May 22, 
        2020'' and inserting ``2020, and for the period beginning on 
        October 1, 2020, and ending on November 30, 2020, the amount 
        equal to the pro rata portion of the amount appropriated for 
        such period for fiscal year 2020''.
SEC. 3823. <<NOTE: 42 USC 1397g note.>>  EXTENSION OF 
                          DEMONSTRATION PROJECTS TO ADDRESS HEALTH 
                          PROFESSIONS WORKFORCE NEEDS.

    Activities authorized by section 2008 of the Social Security Act 
shall continue through November 30, 2020, in the manner authorized for 
fiscal year 2019, and out of any money in the Treasury of the United 
States not otherwise appropriated, there are hereby appropriated such 
sums as may be necessary for such purpose. Grants and payments may be 
made pursuant to this authority through the date so specified at the pro 
rata portion of the total amount authorized for such activities in 
fiscal year 2019.
SEC. 3824. <<NOTE: 42 USC 601 note.>>  EXTENSION OF THE TEMPORARY 
                          ASSISTANCE FOR NEEDY FAMILIES PROGRAM 
                          AND RELATED PROGRAMS.

    Activities authorized by part A of title IV and section 1108(b) of 
the Social Security Act shall continue through November 30, 2020, in the 
manner authorized for fiscal year 2019, and out of any money in the 
Treasury of the United States not otherwise appropriated, there are 
hereby appropriated such sums as may be necessary for such purpose.

                    PART IV--PUBLIC HEALTH PROVISIONS

SEC. 3831. <<NOTE: Time periods.>>  EXTENSION FOR COMMUNITY HEALTH 
                          CENTERS, THE NATIONAL HEALTH SERVICE 
                          CORPS, AND TEACHING HEALTH CENTERS THAT 
                          OPERATE GME PROGRAMS.

    (a) Community Health Centers.--Section 10503(b)(1)(F) of the Patient 
Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F)) is 
amended by striking ``and $2,575,342,466 for the period beginning on 
October 1, 2019, and ending on May 22, 2020'' and inserting 
``$4,000,000,000 for fiscal year 2020, and $668,493,151 for the period 
beginning on October 1, 2020, and ending on November 30, 2020''.
    (b) National Health Service Corps.--Section 10503(b)(2) of the 
Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)) is 
amended--
            (1) in subparagraph (F), by striking ``and'' at the end; and
            (2) by striking subparagraph (G) and inserting the 
        following:

[[Page 134 STAT. 434]]

                    ``(G) $310,000,000 for fiscal year 2020; and
                    ``(H) $51,808,219 for the period beginning on 
                October 1, 2020, and ending on November 30, 2020.''.

    (c) Teaching Health Centers That Operate Graduate Medical Education 
Programs.--Section 340H(g)(1) of the Public Health Service Act (42 
U.S.C. 256h(g)(1)) is amended by striking ``and 2019, and $81,445,205 
for the period beginning on October 1, 2019, and ending on May 22, 
2020'' and inserting ``through fiscal year 2020, and $21,141,096 for the 
period beginning on October 1, 2020, and ending on November 30, 2020''.
    (d) Application of Provisions.--Amounts appropriated pursuant to the 
amendments made by this section for fiscal year 2020 and for the period 
beginning on October 1, 2020, and ending on November 30, 2020, shall be 
subject to the requirements contained in Public Law 116-94 for funds for 
programs authorized under sections 330 through 340 of the Public Health 
Service Act (42 U.S.C. 254 through 256).
    (e) Conforming Amendment.--Paragraph (4) of section 3014(h) of title 
18, United States Code, as amended by section 401(e) of division N of 
Public Law 116-94, is amended by striking ``section 401(d) of division N 
of the Further Consolidated Appropriations Act, 2020'' and inserting 
``section 3831 of the CARES Act''.
SEC. 3832. <<NOTE: Time period.>>  DIABETES PROGRAMS.

    (a) Type I.--Section 330B(b)(2)(D) of the Public Health Service Act 
(42 U.S.C. 254c-2(b)(2)(D)) is amended by striking ``and 2019, and 
$96,575,342 for the period beginning on October 1, 2019, and ending on 
May 22, 2020'' and inserting ``through 2020, and $25,068,493 for the 
period beginning on October 1, 2020, and ending on November 30, 2020''.
    (b) Indians.--Section 330C(c)(2)(D) of the Public Health Service Act 
(42 U.S.C. 254c-3(c)(2)(D)) is amended by striking ``and 2019, and 
$96,575,342 for the period beginning on October 1, 2019, and ending on 
May 22, 2020'' and inserting ``through 2020, and $25,068,493 for the 
period beginning on October 1, 2020, and ending on November 30, 2020''.

                    PART V--MISCELLANEOUS PROVISIONS

SEC. 3841. PREVENTION OF DUPLICATE APPROPRIATIONS FOR FISCAL YEAR 
                          2020.

     Expenditures made under any provision of law amended in this title 
pursuant to the amendments made by the Continuing Appropriations Act, 
2020, and Health Extenders Act of 2019 (Public Law 116-59), the Further 
Continuing Appropriations Act, 2020, and Further Health Extenders Act of 
2019 (Public Law 116-69), and the Further Consolidated Appropriations 
Act, 2020 (Public Law 116-94) for fiscal year 2020 shall be charged to 
the applicable appropriation or authorization provided by the amendments 
made by this title to such provision of law for such fiscal year.

[[Page 134 STAT. 435]]

                   Subtitle F--Over-the-Counter Drugs

                         PART I--OTC DRUG REVIEW

SEC. 3851. REGULATION OF CERTAIN NONPRESCRIPTION DRUGS THAT ARE 
                          MARKETED WITHOUT AN APPROVED DRUG 
                          APPLICATION.

    (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic 
Act is amended by inserting after section 505F of such Act (21 U.S.C. 
355g) the following:
``SEC. 505G. <<NOTE: 21 USC 355h.>>  REGULATION OF CERTAIN 
                          NONPRESCRIPTION DRUGS THAT ARE MARKETED 
                          WITHOUT AN APPROVED DRUG APPLICATION.

    ``(a) Nonprescription Drugs Marketed Without an Approved 
Application.--Nonprescription drugs marketed without an approved drug 
application under section 505, as of the date of the enactment of this 
section, shall be treated in accordance with this subsection.
            ``(1) Drugs subject to a final monograph; category i drugs 
        subject to a tentative final monograph.--A drug is deemed to be 
        generally recognized as safe and effective under section 
        201(p)(1), not a new drug under section 201(p), and not subject 
        to section 503(b)(1), if--
                    ``(A) the drug is--
                          ``(i) in conformity with the requirements for 
                      nonprescription use of a final monograph issued 
                      under part 330 of title 21, Code of Federal 
                      Regulations (except as provided in paragraph (2)), 
                      the general requirements for nonprescription 
                      drugs, and conditions or requirements under 
                      subsections (b), (c), and (k); and
                          ``(ii) except as permitted by an order issued 
                      under subsection (b) or, in the case of a minor 
                      change in the drug, in conformity with an order 
                      issued under subsection (c), in a dosage form 
                      that, immediately prior to the date of the 
                      enactment of this section, has been used to a 
                      material extent and for a material time under 
                      section 201(p)(2); or
                    ``(B) the drug is--
                          ``(i) classified in category I for safety and 
                      effectiveness under a tentative final monograph 
                      that is the most recently applicable proposal or 
                      determination issued under part 330 of title 21, 
                      Code of Federal Regulations;
                          ``(ii) in conformity with the proposed 
                      requirements for nonprescription use of such 
                      tentative final monograph, any applicable 
                      subsequent determination by the Secretary, the 
                      general requirements for nonprescription drugs, 
                      and conditions or requirements under subsections 
                      (b), (c), and (k); and
                          ``(iii) except as permitted by an order issued 
                      under subsection (b) or, in the case of a minor 
                      change in the drug, in conformity with an order 
                      issued under subsection (c), in a dosage form 
                      that, immediately prior to the date of the 
                      enactment of this section, has been used to a 
                      material extent and for a material time under 
                      section 201(p)(2).

[[Page 134 STAT. 436]]

            ``(2) Treatment of sunscreen drugs.--With respect to 
        sunscreen drugs subject to this section, the applicable 
        requirements in terms of conformity with a final monograph, for 
        purposes of paragraph (1)(A)(i), shall be the requirements 
        specified in part 352 of title 21, Code of Federal Regulations, 
        as published on May 21, 1999, beginning on page 27687 of volume 
        64 of the Federal Register, except that the applicable 
        requirements governing effectiveness and labeling shall be those 
        specified in section 201.327 of title 21, Code of Federal 
        Regulations.
            ``(3) Category iii drugs subject to a tentative final 
        monograph; category i drugs subject to proposed monograph or 
        advance notice of proposed rulemaking.--A drug that is not 
        described in paragraph (1), (2), or (4) is not required to be 
        the subject of an application approved under section 505, and is 
        not subject to section 503(b)(1), if--
                    ``(A) the drug is--
                          ``(i) classified in category III for safety or 
                      effectiveness in the preamble of a proposed rule 
                      establishing a tentative final monograph that is 
                      the most recently applicable proposal or 
                      determination for such drug issued under part 330 
                      of title 21, Code of Federal Regulations;
                          ``(ii) in conformity with--
                                    ``(I) the conditions of use, 
                                including indication and dosage 
                                strength, if any, described for such 
                                category III drug in such preamble or in 
                                an applicable subsequent proposed rule;
                                    ``(II) the proposed requirements for 
                                drugs classified in such tentative final 
                                monograph in category I in the most 
                                recently proposed rule establishing 
                                requirements related to such tentative 
                                final monograph and in any final rule 
                                establishing requirements that are 
                                applicable to the drug; and
                                    ``(III) the general requirements for 
                                nonprescription drugs and conditions or 
                                requirements under subsection (b) or 
                                (k); and
                          ``(iii) in a dosage form that, immediately 
                      prior to the date of the enactment of this 
                      section, had been used to a material extent and 
                      for a material time under section 201(p)(2); or
                    ``(B) the drug is--
                          ``(i) classified in category I for safety and 
                      effectiveness under a proposed monograph or 
                      advance notice of proposed rulemaking that is the 
                      most recently applicable proposal or determination 
                      for such drug issued under part 330 of title 21, 
                      Code of Federal Regulations;
                          ``(ii) in conformity with the requirements for 
                      nonprescription use of such proposed monograph or 
                      advance notice of proposed rulemaking, any 
                      applicable subsequent determination by the 
                      Secretary, the general requirements for 
                      nonprescription drugs, and conditions or 
                      requirements under subsection (b) or (k); and
                          ``(iii) in a dosage form that, immediately 
                      prior to the date of the enactment of this 
                      section, has been used to a material extent and 
                      for a material time under section 201(p)(2).

[[Page 134 STAT. 437]]

            ``(4) <<NOTE: Effective date. Determination.>>  Category ii 
        drugs deemed new drugs.--A drug that is classified in category 
        II for safety or effectiveness under a tentative final monograph 
        or that is subject to a determination to be not generally 
        recognized as safe and effective in a proposed rule that is the 
        most recently applicable proposal issued under part 330 of title 
        21, Code of Federal Regulations, shall be deemed to be a new 
        drug under section 201(p), misbranded under section 502(ee), and 
        subject to the requirement for an approved new drug application 
        under section 505 beginning on the day that is 180 calendar days 
        after the date of the enactment of this section, unless, before 
        such day, the Secretary determines that it is in the interest of 
        public health to extend the period during which the drug may be 
        marketed without such an approved new drug application.
            ``(5) Drugs not grase deemed new drugs.--A drug that the 
        Secretary has determined not to be generally recognized as safe 
        and effective under section 201(p)(1) under a final 
        determination issued under part 330 of title 21, Code of Federal 
        Regulations, shall be deemed to be a new drug under section 
        201(p), misbranded under section 502(ee), and subject to the 
        requirement for an approved new drug application under section 
        505.
            ``(6) Other drugs deemed new drugs.--Except as provided in 
        subsection (m), a drug is deemed to be a new drug under section 
        201(p) and misbranded under section 502(ee) if the drug--
                    ``(A) is not subject to section 503(b)(1); and
                    ``(B) is not described in paragraph (1), (2), (3), 
                (4), or (5), or subsection (b)(1)(B).

    ``(b) Administrative Orders.--
            ``(1) In general.--
                    ``(A) Determination.--The Secretary may, on the 
                initiative of the Secretary or at the request of one or 
                more requestors, issue an administrative order 
                determining whether there are conditions under which a 
                specific drug, a class of drugs, or a combination of 
                drugs, is determined to be--
                          ``(i) not subject to section 503(b)(1); and
                          ``(ii) generally recognized as safe and 
                      effective under section 201(p)(1).
                    ``(B) Effect.--A drug or combination of drugs shall 
                be deemed to not require approval under section 505 if 
                such drug or combination of drugs--
                          ``(i) is determined by the Secretary to meet 
                      the conditions specified in clauses (i) and (ii) 
                      of subparagraph (A);
                          ``(ii) is marketed in conformity with an 
                      administrative order under this subsection;
                          ``(iii) meets the general requirements for 
                      nonprescription drugs; and
                          ``(iv) meets the requirements under 
                      subsections (c) and (k).
                    ``(C) Standard.--The Secretary shall find that a 
                drug is not generally recognized as safe and effective 
                under section 201(p)(1) if--

[[Page 134 STAT. 438]]

                          ``(i) the evidence shows that the drug is not 
                      generally recognized as safe and effective under 
                      section 201(p)(1); or
                          ``(ii) the evidence is inadequate to show that 
                      the drug is generally recognized as safe and 
                      effective under section 201(p)(1).
            ``(2) Administrative orders initiated by the secretary.--
                    ``(A) In general.--In issuing an administrative 
                order under paragraph (1) upon the Secretary's 
                initiative, the Secretary shall--
                          ``(i) <<NOTE: Notification. Deadline.>>  make 
                      reasonable efforts to notify informally, not later 
                      than 2 business days before the issuance of the 
                      proposed order, the sponsors of drugs who have a 
                      listing in effect under section 510(j) for the 
                      drugs or combination of drugs that will be subject 
                      to the administrative order;
                          ``(ii) after any such reasonable efforts of 
                      notification--
                                    ``(I) <<NOTE: Web posting.>>  issue 
                                a proposed administrative order by 
                                publishing it on the website of the Food 
                                and Drug Administration and include in 
                                such order the reasons for the issuance 
                                of such order; and
                                    ``(II) <<NOTE: Notice. Federal 
                                Register, publication. Public 
                                comment. Time period.>>  publish a 
                                notice of availability of such proposed 
                                order in the Federal Register;
                          ``(iii) except as provided in subparagraph 
                      (B), provide for a public comment period with 
                      respect to such proposed order of not less than 45 
                      calendar days; and
                          ``(iv) <<NOTE: Determination.>>  if, after 
                      completion of the proceedings specified in clauses 
                      (i) through (iii), the Secretary determines that 
                      it is appropriate to issue a final administrative 
                      order--
                                    ``(I) issue the final administrative 
                                order, together with a detailed 
                                statement of reasons, which order shall 
                                not take effect until the time for 
                                requesting judicial review under 
                                paragraph (3)(D)(ii) has expired;
                                    ``(II) <<NOTE: Notice. Federal 
                                Register, publication. Deadlines.>>  
                                publish a notice of such final 
                                administrative order in the Federal 
                                Register;
                                    ``(III) afford requestors of drugs 
                                that will be subject to such order the 
                                opportunity for formal dispute 
                                resolution up to the level of the 
                                Director of the Center for Drug 
                                Evaluation and Research, which initially 
                                must be requested within 45 calendar 
                                days of the issuance of the order, and, 
                                for subsequent levels of appeal, within 
                                30 calendar days of the prior decision; 
                                and
                                    ``(IV) except with respect to drugs 
                                described in paragraph (3)(B), upon 
                                completion of the formal dispute 
                                resolution procedure, inform the persons 
                                which sought such dispute resolution of 
                                their right to request a hearing.
                    ``(B) Exceptions.--When issuing an administrative 
                order under paragraph (1) on the Secretary's initiative 
                proposing to determine that a drug described in 
                subsection (a)(3) is not generally recognized as safe 
                and effective under

[[Page 134 STAT. 439]]

                section 201(p)(1), the Secretary shall follow the 
                procedures in subparagraph (A), except that--
                          ``(i) <<NOTE: Notice.>>  the proposed order 
                      shall include notice of--
                                    ``(I) the general categories of data 
                                the Secretary has determined necessary 
                                to establish that the drug is generally 
                                recognized as safe and effective under 
                                section 201(p)(1); and
                                    ``(II) the format for submissions by 
                                interested persons;
                          ``(ii) <<NOTE: Public comment. Time period.>>  
                      the Secretary shall provide for a public comment 
                      period of no less than 180 calendar days with 
                      respect to such proposed order, except when the 
                      Secretary determines, for good cause, that a 
                      shorter period is in the interest of public 
                      health; and
                          ``(iii) <<NOTE: Certification.>>  any person 
                      who submits data in such comment period shall 
                      include a certification that the person has 
                      submitted all evidence created, obtained, or 
                      received by that person that is both within the 
                      categories of data identified in the proposed 
                      order and relevant to a determination as to 
                      whether the drug is generally recognized as safe 
                      and effective under section 201(p)(1).
            ``(3) Hearings; judicial review.--
                    ``(A) In general.--Only a person who participated in 
                each stage of formal dispute resolution under subclause 
                (III) of paragraph (2)(A)(iv) of an administrative order 
                with respect to a drug may request a hearing concerning 
                a final administrative order issued under such paragraph 
                with respect to such drug. <<NOTE: Deadline.>>  If a 
                hearing is sought, such person must submit a request for 
                a hearing, which shall be based solely on information in 
                the administrative record, to the Secretary not later 
                than 30 calendar days after receiving notice of the 
                final decision of the formal dispute resolution 
                procedure.
                    ``(B) No hearing required with respect to orders 
                relating to certain drugs.--
                          ``(i) In general.--The Secretary shall not be 
                      required to provide notice and an opportunity for 
                      a hearing pursuant to paragraph (2)(A)(iv) if the 
                      final administrative order involved relates to a 
                      drug--
                                    ``(I) that is described in 
                                subsection (a)(3)(A); and
                                    ``(II) with respect to which no 
                                human or non-human data studies relevant 
                                to the safety or effectiveness of such 
                                drug have been submitted to the 
                                administrative record since the issuance 
                                of the most recent tentative final 
                                monograph relating to such drug.
                          ``(ii) Human data studies and non-human data 
                      defined.--In this subparagraph:
                                    ``(I) The term `human data studies' 
                                means clinical trials of safety or 
                                effectiveness (including actual use 
                                studies), pharmacokinetics studies, or 
                                bioavailability studies.
                                    ``(II) The term `non-human data' 
                                means data from testing other than with 
                                human subjects which

[[Page 134 STAT. 440]]

                                provides information concerning safety 
                                or effectiveness.
                    ``(C) Hearing procedures.--
                          ``(i) <<NOTE: Determination.>>  Denial of 
                      request for hearing.--If the Secretary determines 
                      that information submitted in a request for a 
                      hearing under subparagraph (A) with respect to a 
                      final administrative order issued under paragraph 
                      (2)(A)(iv) does not identify the existence of a 
                      genuine and substantial question of material fact, 
                      the Secretary may deny such request. In making 
                      such a determination, the Secretary may consider 
                      only information and data that are based on 
                      relevant and reliable scientific principles and 
                      methodologies.
                          ``(ii) Single hearing for multiple related 
                      requests.--If more than one request for a hearing 
                      is submitted with respect to the same 
                      administrative order under subparagraph (A), the 
                      Secretary may direct that a single hearing be 
                      conducted in which all persons whose hearing 
                      requests were granted may participate.
                          ``(iii) Presiding officer.--The presiding 
                      officer of a hearing requested under subparagraph 
                      (A) shall--
                                    ``(I) <<NOTE: Designation.>>  be 
                                designated by the Secretary;
                                    ``(II) not be an employee of the 
                                Center for Drug Evaluation and Research; 
                                and
                                    ``(III) not have been previously 
                                involved in the development of the 
                                administrative order involved or 
                                proceedings relating to that 
                                administrative order.
                          ``(iv) Rights of parties to hearing.--The 
                      parties to a hearing requested under subparagraph 
                      (A) shall have the right to present testimony, 
                      including testimony of expert witnesses, and to 
                      cross-examine witnesses presented by other 
                      parties. Where appropriate, the presiding officer 
                      may require that cross-examination by parties 
                      representing substantially the same interests be 
                      consolidated to promote efficiency and avoid 
                      duplication.
                          ``(v) Final decision.--
                                    ``(I) At the conclusion of a hearing 
                                requested under subparagraph (A), the 
                                presiding officer of the hearing shall 
                                issue a decision containing findings of 
                                fact and conclusions of law. The 
                                decision of the presiding officer shall 
                                be final.
                                    ``(II) The final decision may not 
                                take effect until the period under 
                                subparagraph (D)(ii) for submitting a 
                                request for judicial review of such 
                                decision expires.
                    ``(D) Judicial review of final administrative 
                order.--
                          ``(i) <<NOTE: Applicability.>>  In general.--
                      The procedures described in section 505(h) shall 
                      apply with respect to judicial review of final 
                      administrative orders issued under this subsection 
                      in the same manner and to the same extent as such 
                      section applies to an order described in such 
                      section except that the judicial review shall be 
                      taken by filing in an appropriate district court 
                      of the United

[[Page 134 STAT. 441]]

                      States in lieu of the appellate courts specified 
                      in such section.
                          ``(ii) Period to submit a request for judicial 
                      review.--A person <<NOTE: Deadline.>>  eligible to 
                      request a hearing under this paragraph and seeking 
                      judicial review of a final administrative order 
                      issued under this subsection shall file such 
                      request for judicial review not later than 60 
                      calendar days after the latest of--
                                    ``(I) the date on which notice of 
                                such order is published;
                                    ``(II) the date on which a hearing 
                                with respect to such order is denied 
                                under subparagraph (B) or (C)(i);
                                    ``(III) the date on which a final 
                                decision is made following a hearing 
                                under subparagraph (C)(v); or
                                    ``(IV) if no hearing is requested, 
                                the date on which the time for 
                                requesting a hearing expires.
            ``(4) Expedited procedure with respect to administrative 
        orders initiated by the secretary.--
                    ``(A) Imminent hazard to the public health.--
                          
                      ``(i) <<NOTE: Determination. Notification. Deadline
                      .>>  In general.--In the case of a determination 
                      by the Secretary that a drug, class of drugs, or 
                      combination of drugs subject to this section poses 
                      an imminent hazard to the public health, the 
                      Secretary, after first making reasonable efforts 
                      to notify, not later than 48 hours before issuance 
                      of such order under this subparagraph, sponsors 
                      who have a listing in effect under section 510(j) 
                      for such drug or combination of drugs--
                                    ``(I) may issue an interim final 
                                administrative order for such drug, 
                                class of drugs, or combination of drugs 
                                under paragraph (1), together with a 
                                detailed statement of the reasons for 
                                such order;
                                    ``(II) <<NOTE: Federal 
                                Register, publication. Notice. Public 
                                comment. Time period.>>  shall publish 
                                in the Federal Register a notice of 
                                availability of any such order; and
                                    ``(III) shall provide for a public 
                                comment period of at least 45 calendar 
                                days with respect to such interim final 
                                order.
                          ``(ii) Nondelegation.--The Secretary may not 
                      delegate the authority to issue an interim final 
                      administrative order under this subparagraph.
                    ``(B) Safety labeling changes.--
                          ``(i) <<NOTE: Determination.>>  In general.--
                      In the case of a determination by the Secretary 
                      that a change in the labeling of a drug, class of 
                      drugs, or combination of drugs subject to this 
                      section is reasonably expected to mitigate a 
                      significant or unreasonable risk of a serious 
                      adverse event associated with use of the drug, the 
                      Secretary may--
                                    
                                ``(I) <<NOTE: Notification. Deadline.>>  
                                make reasonable efforts to notify 
                                informally, not later than 48 hours 
                                before the issuance of the interim final 
                                order, the sponsors of drugs who have a 
                                listing in effect under section 510(j) 
                                for such drug or combination of drugs;
                                    ``(II) after reasonable efforts of 
                                notification, issue an interim final 
                                administrative order in

[[Page 134 STAT. 442]]

                                accordance with paragraph (1) to require 
                                such change, together with a detailed 
                                statement of the reasons for such order;
                                    ``(III) <<NOTE: Federal 
                                Register, publication. Notice. Public 
                                comment. Time period.>>  publish in the 
                                Federal Register a notice of 
                                availability of such order; and
                                    ``(IV) provide for a public comment 
                                period of at least 45 calendar days with 
                                respect to such interim final order.
                          ``(ii) Content of order.--An interim final 
                      order issued under this subparagraph with respect 
                      to the labeling of a drug may provide for new 
                      warnings and other information required for safe 
                      use of the drug.
                    ``(C) Effective date.--An order under subparagraph 
                (A) or (B) shall take effect on a date specified by the 
                Secretary.
                    ``(D) Final order.--After the completion of the 
                proceedings in subparagraph (A) or (B), the Secretary 
                shall--
                          ``(i) issue a final order in accordance with 
                      paragraph (1);
                          ``(ii) <<NOTE: Notice. Federal 
                      Register, publication. Deadlines. Appeals.>>  
                      publish a notice of availability of such final 
                      administrative order in the Federal Register; and
                          ``(iii) afford sponsors of such drugs that 
                      will be subject to such an order the opportunity 
                      for formal dispute resolution up to the level of 
                      the Director of the Center for Drug Evaluation and 
                      Research, which must initially be within 45 
                      calendar days of the issuance of the order, and 
                      for subsequent levels of appeal, within 30 
                      calendar days of the prior decision.
                    ``(E) Hearings.--A sponsor of a drug subject to a 
                final order issued under subparagraph (D) and that 
                participated in each stage of formal dispute resolution 
                under clause (iii) of such subparagraph may request a 
                hearing on such order. The 
                provisions <<NOTE: Applicability.>>  of subparagraphs 
                (A), (B), and (C) of paragraph (3), other than paragraph 
                (3)(C)(v)(II), shall apply with respect to a hearing on 
                such order in the same manner and to the same extent as 
                such provisions apply with respect to a hearing on an 
                administrative order issued under paragraph (2)(A)(iv).
                    ``(F) Timing.--
                          ``(i) <<NOTE: Deadlines.>>  Final order and 
                      hearing.--The Secretary shall--
                                    ``(I) not later than 6 months after 
                                the date on which the comment period 
                                closes under subparagraph (A) or (B), 
                                issue a final order in accordance with 
                                paragraph (1); and
                                    ``(II) not later than 12 months 
                                after the date on which such final order 
                                is issued, complete any hearing under 
                                subparagraph (E).
                          ``(ii) Dispute resolution request.--The 
                      Secretary shall specify in an interim final order 
                      issued under subparagraph (A) or (B) such shorter 
                      periods for requesting dispute resolution under 
                      subparagraph (D)(iii) as are necessary to meet the 
                      requirements of this subparagraph.
                    ``(G) Judicial review.--A final order issued 
                pursuant to subparagraph (F) shall be subject to 
                judicial review in accordance with paragraph (3)(D).

[[Page 134 STAT. 443]]

            ``(5) Administrative order initiated at the request of a 
        requestor.--
                    ``(A) <<NOTE: Determinations.>>  In general.--In 
                issuing an administrative order under paragraph (1) at 
                the request of a requestor with respect to certain 
                drugs, classes of drugs, or combinations of drugs--
                          ``(i) the Secretary shall, after receiving a 
                      request under this subparagraph, determine whether 
                      the request is sufficiently complete and formatted 
                      to permit a substantive review;
                          ``(ii) if the Secretary determines that the 
                      request is sufficiently complete and formatted to 
                      permit a substantive review, the Secretary shall--
                                    ``(I) file the request; and
                                    ``(II) initiate proceedings with 
                                respect to issuing an administrative 
                                order in accordance with paragraphs (2) 
                                and (3); and
                          ``(iii) except as provided in paragraph (6), 
                      if the Secretary determines that a request does 
                      not meet the requirements for filing or is not 
                      sufficiently complete and formatted to permit a 
                      substantive review, the requestor may demand that 
                      the request be filed over protest, and the 
                      Secretary shall initiate proceedings to review the 
                      request in accordance with paragraph (2)(A).
                    ``(B) <<NOTE: Determinations.>>  Request to initiate 
                proceedings.--
                          ``(i) In general.--A requestor seeking an 
                      administrative order under paragraph (1) with 
                      respect to certain drugs, classes of drugs, or 
                      combinations of drugs, shall submit to the 
                      Secretary a request to initiate proceedings for 
                      such order in the form and manner as specified by 
                      the Secretary. Such requestor may submit a request 
                      under this subparagraph for the issuance of an 
                      administrative order--
                                    ``(I) determining whether a drug is 
                                generally recognized as safe and 
                                effective under section 201(p)(1), 
                                exempt from section 503(b)(1), and not 
                                required to be the subject of an 
                                approved application under section 505; 
                                or
                                    ``(II) determining whether a change 
                                to a condition of use of a drug is 
                                generally recognized as safe and 
                                effective under section 201(p)(1), 
                                exempt from section 503(b)(1), and not 
                                required to be the subject of an 
                                approved application under section 505, 
                                if, absent such a changed condition of 
                                use, such drug is--
                                            ``(aa) generally recognized 
                                        as safe and effective under 
                                        section 201(p)(1) in accordance 
                                        with subsection (a)(1), (a)(2), 
                                        or an order under this 
                                        subsection; or
                                            ``(bb) subject to subsection 
                                        (a)(3), but only if such 
                                        requestor initiates such request 
                                        in conjunction with a request 
                                        for the Secretary to determine 
                                        whether such drug is generally 
                                        recognized as safe and effective 
                                        under section 201(p)(1), which 
                                        is filed by the Secretary under 
                                        subparagraph (A)(ii).

[[Page 134 STAT. 444]]

                          ``(ii) Exception.--The Secretary is not 
                      required to complete review of a request for a 
                      change described in clause (i)(II) if the 
                      Secretary determines that there is an inadequate 
                      basis to find the drug is generally recognized as 
                      safe and effective under section 201(p)(1) under 
                      paragraph (1) and issues a final order announcing 
                      that determination.
                          ``(iii) Withdrawal.--The requestor may 
                      withdraw a request under this paragraph, according 
                      to the procedures set forth pursuant to subsection 
                      (d)(2)(B). Notwithstanding any other provision of 
                      this section, if such request is withdrawn, the 
                      Secretary may cease proceedings under this 
                      subparagraph.
                    ``(C) Exclusivity.--
                          ``(i) <<NOTE: Time period.>>  In general.--A 
                      final administrative order issued in response to a 
                      request under this section shall have the effect 
                      of authorizing solely the order requestor (or the 
                      licensees, assignees, or successors in interest of 
                      such requestor with respect to the subject of such 
                      order), for a period of 18 months following the 
                      effective date of such final order and beginning 
                      on the date the requestor may lawfully market such 
                      drugs pursuant to the order, to market drugs--
                                    ``(I) incorporating changes 
                                described in clause (ii); and
                                    ``(II) subject to the limitations 
                                under clause (iv).
                          ``(ii) Changes described.--A change described 
                      in this clause is a change subject to an order 
                      specified in clause (i), which--
                                    ``(I) provides for a drug to contain 
                                an active ingredient (including any 
                                ester or salt of the active ingredient) 
                                not previously incorporated in a drug 
                                described in clause (iii); or
                                    ``(II) provides for a change in the 
                                conditions of use of a drug, for which 
                                new human data studies conducted or 
                                sponsored by the requestor (or for which 
                                the requestor has an exclusive right of 
                                reference) were essential to the 
                                issuance of such order.
                          ``(iii) Drugs described.--The drugs described 
                      in this clause are drugs--
                                    ``(I) specified in subsection 
                                (a)(1), (a)(2), or (a)(3);
                                    ``(II) subject to a final order 
                                issued under this section;
                                    ``(III) subject to a final sunscreen 
                                order (as defined in section 586(2)(A)); 
                                or
                                    ``(IV) described in subsection 
                                (m)(1), other than drugs subject to an 
                                active enforcement action under chapter 
                                III of this Act.
                          ``(iv) Limitations on exclusivity.--
                                    ``(I) <<NOTE: Time period.>> In 
                                general.--Only one 18-month period under 
                                this subparagraph shall be granted, 
                                under each order described in clause 
                                (i), with respect to changes (to the 
                                drug subject to such order) which are 
                                either--

[[Page 134 STAT. 445]]

                                            ``(aa) changes described in 
                                        clause (ii)(I), relating to 
                                        active ingredients; or
                                            ``(bb) changes described in 
                                        clause (ii)(II), relating to 
                                        conditions of use.
                                    ``(II) No exclusivity allowed.--No 
                                exclusivity shall apply to changes to a 
                                drug which are--
                                            ``(aa) the subject of a Tier 
                                        2 OTC monograph order request 
                                        (as defined in section 744L);
                                            ``(bb) safety-related 
                                        changes, as defined by the 
                                        Secretary, or any other changes 
                                        the Secretary considers 
                                        necessary to assure safe use; or
                                            ``(cc) changes related to 
                                        methods of testing safety or 
                                        efficacy.
                          ``(v) New human data studies defined.--In this 
                      subparagraph, the term `new human data studies' 
                      means clinical trials of safety or effectiveness 
                      (including actual use studies), pharmacokinetics 
                      studies, or bioavailability studies, the results 
                      of which--
                                    ``(I) have not been relied on by the 
                                Secretary to support--
                                            ``(aa) a proposed or final 
                                        determination that a drug 
                                        described in subclause (I), 
                                        (II), or (III) of clause (iii) 
                                        is generally recognized as safe 
                                        and effective under section 
                                        201(p)(1); or
                                            ``(bb) approval of a drug 
                                        that was approved under section 
                                        505; and
                                    ``(II) do not duplicate the results 
                                of another study that was relied on by 
                                the Secretary to support--
                                            ``(aa) a proposed or final 
                                        determination that a drug 
                                        described in subclause (I), 
                                        (II), or (III) of clause (iii) 
                                        is generally recognized as safe 
                                        and effective under section 
                                        201(p)(1); or
                                            ``(bb) approval of a drug 
                                        that was approved under section 
                                        505.
                          ``(vi) Notification of drug not available for 
                      sale.--A requestor <<NOTE: Deadline. Time 
                      period.>>  that is granted exclusivity with 
                      respect to a drug under this subparagraph shall 
                      notify the Secretary in writing within 1 year of 
                      the issuance of the final administrative order if 
                      the drug that is the subject of such order will 
                      not be available for sale within 1 year of the 
                      date of issuance of such order. The requestor 
                      shall include with such notice the--
                                    ``(I) identity of the drug by 
                                established name and by proprietary 
                                name, if any;
                                    ``(II) strength of the drug;
                                    ``(III) date on which the drug will 
                                be available for sale, if known; and
                                    ``(IV) reason for not marketing the 
                                drug after issuance of the order.

[[Page 134 STAT. 446]]

            ``(6) Information regarding safe nonprescription marketing 
        and use as condition for filing a generally recognized as safe 
        and effective request.--
                    ``(A) In general.--In response to a request under 
                this section that a drug described in subparagraph (B) 
                be generally recognized as safe and effective, the 
                Secretary--
                          ``(i) may file such request, if the request 
                      includes information specified under subparagraph 
                      (C) with respect to safe nonprescription marketing 
                      and use of such drug; or
                          ``(ii) if the request fails to include 
                      information specified under subparagraph (C), 
                      shall refuse to file such request and require that 
                      nonprescription marketing of the drug be pursuant 
                      to a new drug application as described in 
                      subparagraph (D).
                    ``(B) Drug described.--A drug described in this 
                subparagraph is a nonprescription drug which contains an 
                active ingredient not previously incorporated in a 
                drug--
                          ``(i) specified in subsection (a)(1), (a)(2), 
                      or (a)(3);
                          ``(ii) subject to a final order under this 
                      section; or
                          ``(iii) subject to a final sunscreen order (as 
                      defined in section 586(2)(A)).
                    ``(C) Information demonstrating prima facie safe 
                nonprescription marketing and use.--Information 
                specified in this subparagraph, with respect to a 
                request described in subparagraph (A)(i), is--
                          ``(i) information sufficient for a prima facie 
                      demonstration that the drug subject to such 
                      request has a verifiable history of being marketed 
                      and safely used by consumers in the United States 
                      as a nonprescription drug under comparable 
                      conditions of use;
                          ``(ii) if the drug has not been previously 
                      marketed in the United States as a nonprescription 
                      drug, information sufficient for a prima facie 
                      demonstration that the drug was marketed and 
                      safely used under comparable conditions of 
                      marketing and use in a country listed in section 
                      802(b)(1)(A) or designated by the Secretary in 
                      accordance with section 802(b)(1)(B)--
                                    ``(I) for such period as needed to 
                                provide reasonable assurances concerning 
                                the safe nonprescription use of the 
                                drug; and
                                    ``(II) during such time was subject 
                                to sufficient monitoring by a regulatory 
                                body considered acceptable by the 
                                Secretary for such monitoring purposes, 
                                including for adverse events associated 
                                with nonprescription use of the drug; or
                          ``(iii) <<NOTE: Determination.>>  if the 
                      Secretary determines that information described in 
                      clause (i) or (ii) is not needed to provide a 
                      prima facie demonstration that the drug can be 
                      safely marketed and used as a nonprescription 
                      drug, such other information the Secretary 
                      determines is sufficient for such purposes.
                    ``(D) <<NOTE: Determinations.>> Marketing pursuant 
                to new drug application.--In the case of a request 
                described in subparagraph (A)(ii), the drug subject to 
                such request may be resubmitted for filing only if--

[[Page 134 STAT. 447]]

                          ``(i) the drug is marketed as a 
                      nonprescription drug, under conditions of use 
                      comparable to the conditions specified in the 
                      request, for such period as the Secretary 
                      determines appropriate (not to exceed 5 
                      consecutive years) pursuant to an application 
                      approved under section 505; and
                          ``(ii) during such period, 1,000,000 retail 
                      packages of the drug, or an equivalent quantity as 
                      determined by the Secretary, were distributed for 
                      retail sale, as determined in such manner as the 
                      Secretary finds appropriate.
                    ``(E) Rule of application.--Except in the case of a 
                request involving a drug described in section 586(9), as 
                in effect on January 1, 2017, if the Secretary refuses 
                to file a request under this paragraph, the requestor 
                may not file such request over protest under paragraph 
                (5)(A)(iii).
            ``(7) Packaging.--An administrative order issued under 
        paragraph (2), (4)(A), or (5) may include requirements for the 
        packaging of a drug to encourage use in accordance with 
        labeling. Such requirements may include unit dose packaging, 
        requirements for products intended for use by pediatric 
        populations, requirements to reduce risk of harm from 
        unsupervised ingestion, and other appropriate requirements. This 
        paragraph does not authorize the Food and Drug Administration to 
        require standards or testing procedures as described in part 
        1700 of title 16, Code of Federal Regulations.
            ``(8) Final and tentative final monographs for category i 
        drugs deemed final administrative orders.--
                    ``(A) In general.--A final monograph or tentative 
                final monograph described in subparagraph (B) shall be 
                deemed to be a final administrative order under this 
                subsection and may be amended, revoked, or otherwise 
                modified in accordance with the procedures of this 
                subsection.
                    ``(B) Monographs described.--For purposes of 
                subparagraph (A), a final monograph or tentative final 
                monograph is described in this subparagraph if it--
                          ``(i) establishes conditions of use for a drug 
                      described in paragraph (1) or (2) of subsection 
                      (a); and
                          ``(ii) represents the most recently 
                      promulgated version of such conditions, including 
                      as modified, in whole or in part, by any proposed 
                      or final rule.
                    ``(C) Deemed orders include harmonizing technical 
                amendments.--The deemed <<NOTE: Determination.>>  
                establishment of a final administrative order under 
                subparagraph (A) shall be construed to include any 
                technical amendments to such order as the Secretary 
                determines necessary to ensure that such order is 
                appropriately harmonized, in terms of terminology or 
                cross-references, with the applicable provisions of this 
                Act (and regulations thereunder) and any other orders 
                issued under this section.

    ``(c) Procedure for Minor Changes.--
            ``(1) In general.--Minor changes in the dosage form of a 
        drug that is described in paragraph (1) or (2) of subsection (a) 
        or the subject of an order issued under subsection (b) may

[[Page 134 STAT. 448]]

        be made by a requestor without the issuance of an order under 
        subsection (b) if--
                    ``(A) the requestor maintains such information as is 
                necessary to demonstrate that the change--
                          ``(i) will not affect the safety or 
                      effectiveness of the drug; and
                          ``(ii) will not materially affect the extent 
                      of absorption or other exposure to the active 
                      ingredient in comparison to a suitable reference 
                      product; and
                    ``(B) the change is in conformity with the 
                requirements of an applicable administrative order 
                issued by the Secretary under paragraph (3).
            ``(2) Additional information.--
                    ``(A) <<NOTE: Deadline.>>  Access to records.--A 
                sponsor shall submit records requested by the Secretary 
                relating to such a minor change under section 704(a)(4), 
                within 15 business days of receiving such a request, or 
                such longer period as the Secretary may provide.
                    ``(B) <<NOTE: Determination.>>  Insufficient 
                information.--If the Secretary determines that the 
                information contained in such records is not sufficient 
                to demonstrate that the change does not affect the 
                safety or effectiveness of the drug or materially affect 
                the extent of absorption or other exposure to the active 
                ingredient, the Secretary--
                          ``(i) may so inform the sponsor of the drug in 
                      writing; and
                          ``(ii) if the Secretary so informs the 
                      sponsor, shall provide the sponsor of the drug 
                      with a reasonable opportunity to provide 
                      additional information.
                    ``(C) <<NOTE: Determination.>>  Failure to submit 
                sufficient information.--If the sponsor fails to provide 
                such additional information within a time prescribed by 
                the Secretary, or if the Secretary determines that such 
                additional information does not demonstrate that the 
                change does not--
                          ``(i) affect the safety or effectiveness of 
                      the drug; or
                          ``(ii) materially affect the extent of 
                      absorption or other exposure to the active 
                      ingredient in comparison to a suitable reference 
                      product,
                the drug as modified is a new drug under section 201(p) 
                and shall be deemed to be misbranded under section 
                502(ee).
            ``(3) Determining whether a change will affect safety or 
        effectiveness.--
                    ``(A) <<NOTE: Requirements. Guidance.>>  In 
                general.--The Secretary shall issue one or more 
                administrative orders specifying requirements for 
                determining whether a minor change made by a sponsor 
                pursuant to this subsection will affect the safety or 
                effectiveness of a drug or materially affect the extent 
                of absorption or other exposure to an active ingredient 
                in the drug in comparison to a suitable reference 
                product, together with guidance for applying those 
                orders to specific dosage forms.
                    ``(B) Standard practices.--The orders and guidance 
                issued by the Secretary under subparagraph (A) shall 
                take into account relevant public standards and standard 
                practices for evaluating the quality of drugs, and may 
                take

[[Page 134 STAT. 449]]

                into account the special needs of populations, including 
                children.

    ``(d) Confidentiality of Information Submitted to the Secretary.--
            ``(1) In general.--Subject to paragraph (2), any 
        information, including reports of testing conducted on the drug 
        or drugs involved, that is submitted by a requestor in 
        connection with proceedings on an order under this section 
        (including any minor change under subsection (c)) and is a trade 
        secret or confidential information subject to section 552(b)(4) 
        of title 5, United States Code, or section 1905 of title 18, 
        United States Code, shall not be disclosed to the public unless 
        the requestor consents to that disclosure.
            ``(2) Public availability.--
                    ``(A) <<NOTE: Deadlines.>>  In general.--Except as 
                provided in subparagraph (B), the Secretary shall--
                          ``(i) make any information submitted by a 
                      requestor in support of a request under subsection 
                      (b)(5)(A) available to the public not later than 
                      the date on which the proposed order is issued; 
                      and
                          ``(ii) make any information submitted by any 
                      other person with respect to an order requested 
                      (or initiated by the Secretary) under subsection 
                      (b), available to the public upon such submission.
                    ``(B) Limitations on public availability.--
                Information described in subparagraph (A) shall not be 
                made public if--
                          ``(i) the information pertains to 
                      pharmaceutical quality information, unless such 
                      information is necessary to establish standards 
                      under which a drug is generally recognized as safe 
                      and effective under section 201(p)(1);
                          ``(ii) <<NOTE: Procedures.>> the information 
                      is submitted in a requestor-initiated request, but 
                      the requestor withdraws such request, in 
                      accordance with withdrawal procedures established 
                      by the Secretary, before the Secretary issues the 
                      proposed order;
                          ``(iii) the Secretary requests and obtains the 
                      information under subsection (c) and such 
                      information is not submitted in relation to an 
                      order under subsection (b); or
                          ``(iv) the information is of the type 
                      contained in raw datasets.

    ``(e) <<NOTE: Deadlines.>>  Updates to Drug Listing Information.--A 
sponsor who makes a change to a drug subject to this section shall 
submit updated drug listing information for the drug in accordance with 
section 510(j) within 30 calendar days of the date when the drug is 
first commercially marketed, except that a sponsor who was the order 
requestor with respect to an order subject to subsection (b)(5)(C) (or a 
licensee, assignee, or successor in interest of such requestor) shall 
submit updated drug listing information on or before the date when the 
drug is first commercially marketed.

    ``(f) Approvals Under Section 505.--The provisions of this section 
shall not be construed to preclude a person from seeking or maintaining 
the approval of an application for a drug under sections 505(b)(1), 
505(b)(2), and 505(j) <<NOTE: Determination.>> . A determination under 
this section that a drug is not subject to section 503(b)(1), is 
generally

[[Page 134 STAT. 450]]

recognized as safe and effective under section 201(p)(1), and is not a 
new drug under section 201(p) shall constitute a finding that the drug 
is safe and effective that may be relied upon for purposes of an 
application under section 505(b)(2), so that the applicant shall be 
required to submit for purposes of such application only information 
needed to support any modification of the drug that is not covered by 
such determination under this section.

    ``(g) <<NOTE: Time period. Determination.>>  Public Availability of 
Administrative Orders.--The Secretary shall establish, maintain, update 
(as determined necessary by the Secretary but no less frequently than 
annually), and make publicly available, with respect to orders issued 
under this section--
            ``(1) a repository of each final order and interim final 
        order in effect, including the complete text of the order; and
            ``(2) <<NOTE: Lists.>>  a listing of all orders proposed and 
        under development under subsection (b)(2), including--
                    ``(A) a brief description of each such order; and
                    ``(B) <<NOTE: Time period.>>  the Secretary's 
                expectations, if resources permit, for issuance of 
                proposed orders over a 3-year period.

    ``(h) Development Advice to Sponsors or Requestors.--The 
Secretary <<NOTE: Procedures.>>  shall establish procedures under which 
sponsors or requestors may meet with appropriate officials of the Food 
and Drug Administration to obtain advice on the studies and other 
information necessary to support submissions under this section and 
other matters relevant to the regulation of nonprescription drugs and 
the development of new nonprescription drugs under this section.

    ``(i) Participation of Multiple Sponsors or Requestors.--The 
Secretary <<NOTE: Procedures.>>  shall establish procedures to 
facilitate efficient participation by multiple sponsors or requestors in 
proceedings under this section, including provision for joint meetings 
with multiple sponsors or requestors or with organizations nominated by 
sponsors or requestors to represent their interests in a proceeding.

    ``(j) Electronic Format.--All submissions under this section shall 
be in electronic format.
    ``(k) Effect on Existing Regulations Governing Nonprescription 
Drugs.--
            ``(1) Regulations of general applicability to 
        nonprescription drugs.--Except as provided in this subsection, 
        nothing in this section supersedes regulations establishing 
        general requirements for nonprescription drugs, including 
        regulations of general applicability contained in parts 201, 
        250, and 330 of title 21, Code of Federal Regulations, or any 
        successor regulations. The Secretary shall establish or modify 
        such regulations by means of rulemaking in accordance with 
        section 553 of title 5, United States Code.
            ``(2) Regulations establishing requirements for specific 
        nonprescription drugs.--
                    ``(A) The provisions of section 310.545 of title 21, 
                Code of Federal Regulations, as in effect on the day 
                before the date of the enactment of this section, shall 
                be deemed to be a final order under subsection (b).
                    ``(B) Regulations in effect on the day before the 
                date of the enactment of this section, establishing 
                requirements for specific nonprescription drugs marketed 
                pursuant to this section (including such requirements in 
                parts 201 and 250 of title 21, Code of Federal 
                Regulations), shall be

[[Page 134 STAT. 451]]

                deemed to be final orders under subsection (b), only as 
                they apply to drugs--
                          ``(i) subject to paragraph (1), (2), (3), or 
                      (4) of subsection (a); or
                          ``(ii) otherwise subject to an order under 
                      this section.
            ``(3) Withdrawal of regulations.--The Secretary shall 
        withdraw regulations establishing final monographs and the 
        procedures governing the over-the-counter drug review under part 
        330 and other relevant parts of title 21, Code of Federal 
        Regulations (as in effect on the day before the date of the 
        enactment of this section), or make technical changes to such 
        regulations to ensure conformity with appropriate terminology 
        and cross references. <<NOTE: Notice. Effective date. Federal 
        Register, publication.>>  Notwithstanding subchapter II of 
        chapter 5 of title 5, United States Code, any such withdrawal or 
        technical changes shall be made without public notice and 
        comment and shall be effective upon publication through notice 
        in the Federal Register (or upon such date as specified in such 
        notice).

    ``(l) Guidance.--The Secretary shall issue guidance that specifies--
            ``(1) <<NOTE: Procedures.>>  the procedures and principles 
        for formal meetings between the Secretary and sponsors or 
        requestors for drugs subject to this section;
            ``(2) the format and content of data submissions to the 
        Secretary under this section;
            ``(3) the format of electronic submissions to the Secretary 
        under this section;
            ``(4) <<NOTE: Appeals. Procedures.>>  consolidated 
        proceedings for appeal and the procedures for such proceedings 
        where appropriate; and
            ``(5) <<NOTE: Recommenda- tions.>>  for minor changes in 
        drugs, recommendations on how to comply with the requirements in 
        orders issued under subsection (c)(3).

    ``(m) Rule of Construction.--
            ``(1) In general.--This section shall not affect the 
        treatment or status of a nonprescription drug--
                    ``(A) that is marketed without an application 
                approved under section 505 as of the date of the 
                enactment of this section;
                    ``(B) that is not subject to an order issued under 
                this section; and
                    ``(C) to which paragraph (1), (2), (3), (4), or (5) 
                of subsection (a) do not apply.
            ``(2) Treatment of products previously found to be subject 
        to time and extent requirements.--
                    ``(A) Notwithstanding subsection (a), a drug 
                described in subparagraph (B) may only be lawfully 
                marketed, without an application approved under section 
                505, pursuant to an order issued under this section.
                    ``(B) A drug described in this subparagraph is a 
                drug which, prior to the date of the enactment of this 
                section, the Secretary determined in a proposed or final 
                rule to be ineligible for review under the OTC drug 
                review (as such phrase `OTC drug review' was used in 
                section 330.14 of title 21, Code of Federal Regulations, 
                as in effect on the day before the date of the enactment 
                of this section).
            ``(3) Preservation of authority.--

[[Page 134 STAT. 452]]

                    ``(A) Nothing in paragraph (1) shall be construed to 
                preclude or limit the applicability of any provision of 
                this Act other than this section.
                    ``(B) Nothing in subsection (a) shall be construed 
                to prohibit the Secretary from issuing an order under 
                this section finding a drug to be not generally 
                recognized as safe and effective under section 
                201(p)(1), as the Secretary determines appropriate.

    ``(n) Investigational New Drugs.--A drug is not subject to this 
section if an exemption for investigational use under section 505(i) is 
in effect for such drug.
    ``(o) Inapplicability of Paperwork Reduction Act.--Chapter 35 of 
title 44, United States Code, shall not apply to collections of 
information made under this section.
    ``(p) Inapplicability of Notice and Comment Rulemaking and Other 
Requirements.--The requirements <<NOTE: Applicability.>>  of subsection 
(b) shall apply with respect to orders issued under this section instead 
of the requirements of subchapter II of chapter 5 of title 5, United 
States Code.

    ``(q) Definitions.--In this section:
            ``(1) The term `nonprescription drug' refers to a drug not 
        subject to the requirements of section 503(b)(1).
            ``(2) The term `sponsor' refers to any person marketing, 
        manufacturing, or processing a drug that--
                    ``(A) is listed pursuant to section 510(j); and
                    ``(B) is or will be subject to an administrative 
                order under this section of the Food and Drug 
                Administration.
            ``(3) The term `requestor' refers to any person or group of 
        persons marketing, manufacturing, processing, or developing a 
        drug.''.

    (b) <<NOTE: Deadline.>>  GAO Study.--Not later than 4 years after 
the date of enactment of this Act, the Comptroller General of the United 
States shall submit a study to the Committee on Energy and Commerce of 
the House of Representatives and the Committee on Health, Education, 
Labor, and Pensions of the Senate addressing the effectiveness and 
overall impact of exclusivity under section 505G of the Federal Food, 
Drug, and Cosmetic Act, as added by subsection (a), and section 586C of 
such Act (21 U.S.C. 360fff-3), including the impact of such exclusivity 
on consumer access. <<NOTE: Analyses.>>  Such study shall include--
            (1) an analysis of the impact of exclusivity under such 
        section 505G for nonprescription drug products, including--
                    (A) the number of nonprescription drug products that 
                were granted exclusivity and the indication for which 
                the nonprescription drug products were determined to be 
                generally recognized as safe and effective;
                    (B) whether the exclusivity for such drug products 
                was granted for--
                          (i) a new active ingredient (including any 
                      ester or salt of the active ingredient); or
                          (ii) changes in the conditions of use of a 
                      drug, for which new human data studies conducted 
                      or sponsored by the requestor were essential;
                    (C) whether, and to what extent, the exclusivity 
                impacted the requestor's or sponsor's decision to 
                develop the drug product;

[[Page 134 STAT. 453]]

                    (D) an analysis of the implementation of the 
                exclusivity provision in such section 505G, including--
                          (i) the resources used by the Food and Drug 
                      Administration;
                          (ii) the impact of such provision on 
                      innovation, as well as research and development in 
                      the nonprescription drug market;
                          (iii) the impact of such provision on 
                      competition in the nonprescription drug market;
                          (iv) the impact of such provision on consumer 
                      access to nonprescription drug products;
                          (v) the impact of such provision on the prices 
                      of nonprescription drug products; and
                          (vi) whether the administrative orders 
                      initiated by requestors under such section 505G 
                      have been sufficient to encourage the development 
                      of nonprescription drug products that would likely 
                      not be otherwise developed, or developed in as 
                      timely a manner; and
                    (E) whether the administrative orders initiated by 
                requestors under such section 505G have been sufficient 
                incentive to encourage innovation in the nonprescription 
                drug market; and
            (2) an analysis of the impact of exclusivity under such 
        section 586C for sunscreen ingredients, including--
                    (A) the number of sunscreen ingredients that were 
                granted exclusivity and the specific ingredient that was 
                determined to be generally recognized as safe and 
                effective;
                    (B) whether, and to what extent, the exclusivity 
                impacted the requestor's or sponsor's decision to 
                develop the sunscreen ingredient;
                    (C) whether, and to what extent, the sunscreen 
                ingredient granted exclusivity had previously been 
                available outside of the United States;
                    (D) an analysis of the implementation of the 
                exclusivity provision in such section 586C, including--
                          (i) the resources used by the Food and Drug 
                      Administration;
                          (ii) the impact of such provision on 
                      innovation, as well as research and development in 
                      the sunscreen market;
                          (iii) the impact of such provision on 
                      competition in the sunscreen market;
                          (iv) the impact of such provision on consumer 
                      access to sunscreen products;
                          (v) the impact of such provision on the prices 
                      of sunscreen products; and
                          (vi) whether the administrative orders 
                      initiated by requestors under such section 505G 
                      have been utilized by sunscreen ingredient 
                      sponsors and whether such process has been 
                      sufficient to encourage the development of 
                      sunscreen ingredients that would likely not be 
                      otherwise developed, or developed in as timely a 
                      manner; and
                    (E) whether the administrative orders initiated by 
                requestors under such section 586C have been sufficient 
                incentive to encourage innovation in the sunscreen 
                market.

[[Page 134 STAT. 454]]

    (c) Conforming Amendment.--Section 751(d)(1) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 379r(d)(1)) is amended--
            (1) in the matter preceding subparagraph (A)--
                    (A) by striking ``final regulation promulgated'' and 
                inserting ``final order under section 505G''; and
                    (B) by striking ``and not misbranded''; and
            (2) in subparagraph (A), by striking ``regulation in 
        effect'' and inserting ``regulation or order in effect''.
SEC. 3852. MISBRANDING.

    Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
352) is amended by adding at the end the following:
    ``(ee) If it is a nonprescription drug that is subject to section 
505G, is not the subject of an application approved under section 505, 
and does not comply with the requirements under section 505G.
    ``(ff) If it is a drug and it was manufactured, prepared, 
propagated, compounded, or processed in a facility for which fees have 
not been paid as required by section 744M.''.
SEC. 3853. <<NOTE: 21 USC 355h note.>>  DRUGS EXCLUDED FROM THE 
                          OVER-THE-COUNTER DRUG REVIEW.

    (a) In General.--Nothing in this Act (or the amendments made by this 
Act) shall apply to any nonprescription drug (as defined in section 
505G(q) of the Federal Food, Drug, and Cosmetic Act, as added by section 
3851 of this subtitle) which was excluded by the Food and Drug 
Administration from the Over-the-Counter Drug Review in accordance with 
the paragraph numbered 25 on page 9466 of volume 37 of the Federal 
Register, published on May 11, 1972.
    (b) Rule of Construction.--Nothing in this section shall be 
construed to preclude or limit the applicability of any other provision 
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
SEC. 3854. <<NOTE: 21 USC 360fff-3 note.>>  TREATMENT OF SUNSCREEN 
                          INNOVATION ACT.

    (a) Review of Nonprescription Sunscreen Active Ingredients.--
            (1) Applicability of section 505g for pending submissions.--
                    (A) <<NOTE: Notification. Deadline.>>  In general.--
                A sponsor of a nonprescription sunscreen active 
                ingredient or combination of nonprescription sunscreen 
                active ingredients that, as of the date of enactment of 
                this Act, is subject to a proposed sunscreen order under 
                section 586C of the Federal Food, Drug, and Cosmetic Act 
                (21 U.S.C. 360fff-3) may elect, by means of giving 
                written notification to the Secretary of Health and 
                Human Services within 180 calendar days of the enactment 
                of this Act, to transition into the review of such 
                ingredient or combination of ingredients pursuant to the 
                process set out in section 505G of the Federal Food, 
                Drug, and Cosmetic Act, as added by section 3851 of this 
                subtitle.
                    (B) Election exercised.--Upon receipt by the 
                Secretary of Health and Human Services of a timely 
                notification under subparagraph (A)--
                          (i) the proposed sunscreen order involved is 
                      deemed to be a request for an order under 
                      subsection (b) of section 505G of the Federal 
                      Food, Drug, and

[[Page 134 STAT. 455]]

                      Cosmetic Act, as added by section 3851 of this 
                      subtitle; and
                          (ii) such order is deemed to have been 
                      accepted for filing under subsection (b)(6)(A)(i) 
                      of such section 505G.
                    (C) <<NOTE: Deadline.>>  Election not exercised.--If 
                a notification under subparagraph (A) is not received by 
                the Secretary of Health and Human Services within 180 
                calendar days of the date of enactment of this Act, the 
                review of the proposed sunscreen order described in 
                subparagraph (A)--
                          (i) shall continue under section 586C of the 
                      Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                      360fff-3); and
                          (ii) shall not be eligible for review under 
                      section 505G, added by section 3851 of this 
                      subtitle.
            (2) Definitions.--In this subsection, the terms ``sponsor'', 
        ``nonprescription'', ``sunscreen active ingredient'', and 
        ``proposed sunscreen order'' have the meanings given to those 
        terms in section 586 of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 360fff).

    (b) Amendments to Sunscreen Provisions.--
            (1) Final sunscreen orders.--Paragraph (3) of section 
        586C(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
        360fff-3(e)) is amended to read as follows:
            ``(3) Relationship to orders under section 505g.--A final 
        sunscreen order shall be deemed to be a final order under 
        section 505G.''.
            (2) Meetings.--Paragraph (7) of section 586C(b) of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff-3(b)) is 
        amended--
                    (A) by striking ``A sponsor may request'' and 
                inserting the following:
                    ``(A) In general.--A sponsor may request''; and
                    (B) by adding at the end the following:
                    ``(B) Confidential meetings.--A sponsor may request 
                one or more confidential meetings with respect to a 
                proposed sunscreen order, including a letter deemed to 
                be a proposed sunscreen order under paragraph (3), to 
                discuss matters relating to data requirements to support 
                a general recognition of safety and effectiveness 
                involving confidential information and public 
                information related to such proposed sunscreen order, as 
                appropriate. The Secretary shall convene a confidential 
                meeting with such sponsor in a reasonable time 
                period. <<NOTE: Determination.>>  If a sponsor requests 
                more than one confidential meeting for the same proposed 
                sunscreen order, the Secretary may refuse to grant an 
                additional confidential meeting request if the Secretary 
                determines that such additional confidential meeting is 
                not reasonably necessary for the sponsor to advance its 
                proposed sunscreen order, or if the request for a 
                confidential meeting fails to include sufficient 
                information upon which to base a substantive 
                discussion. <<NOTE: Publication. Summary.>>  The 
                Secretary shall publish a post-meeting summary of each 
                confidential meeting under this subparagraph that does 
                not disclose confidential commercial information or 
                trade secrets. This subparagraph does not authorize the 
                disclosure of confidential commercial information or 
                trade secrets subject to 552(b)(4) of title

[[Page 134 STAT. 456]]

                5, United States Code, or section 1905 of title 18, 
                United States Code.''.
            (3) Exclusivity.--Section 586C of the Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 360fff-3) is amended by adding at 
        the end the following:

    ``(f) Exclusivity.--
            ``(1) <<NOTE: Time period.>>  In general.--A final sunscreen 
        order shall have the effect of authorizing solely the order 
        requestor (or the licensees, assignees, or successors in 
        interest of such requestor with respect to the subject of such 
        request and listed under paragraph (5)) for a period of 18 
        months, to market a sunscreen ingredient under this section 
        incorporating changes described in paragraph (2) subject to the 
        limitations under paragraph (4), beginning on the date the 
        requestor (or any licensees, assignees, or successors in 
        interest of such requestor with respect to the subject of such 
        request and listed under paragraph (5)) may lawfully market such 
        sunscreen ingredient pursuant to the order.
            ``(2) Changes described.--A change described in this 
        paragraph is a change subject to an order specified in paragraph 
        (1) that permits a sunscreen to contain an active sunscreen 
        ingredient not previously incorporated in a marketed sunscreen 
        listed in paragraph (3).
            ``(3) Marketed sunscreen.--The marketed sunscreen 
        ingredients described in this paragraph are sunscreen 
        ingredients--
                    ``(A) marketed in accordance with a final monograph 
                for sunscreen drug products set forth at part 352 of 
                title 21, Code of Federal Regulations (as published at 
                64 Fed. Reg. 27687); or
                    ``(B) marketed in accordance with a final order 
                issued under this section.
            ``(4) Limitations on exclusivity.-- <<NOTE: Time 
        period.>> Only one 18-month period may be granted per ingredient 
        under paragraph (1).
            ``(5) Listing of licensees, assignees, or successors in 
        interest.--Requestors shall submit to the Secretary at the time 
        when a drug subject to such request is introduced or delivered 
        for introduction into interstate commerce, a list of licensees, 
        assignees, or successors in interest under paragraph (1).''.
            (4) Sunset provision.--Subchapter I of chapter V of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff et seq.) 
        is amended by adding at the end the following:
``SEC. 586H. <<NOTE: 21 USC 360fff-8.>>  SUNSET.

    ``This subchapter shall cease to be effective at the end of fiscal 
year 2022.''.
            (5) Treatment of final sunscreen order.--The Federal Food, 
        Drug, and Cosmetic Act is amended by striking section 586E of 
        such Act (21 U.S.C. 360fff-5).

    (c) <<NOTE: 21 USC 355h note.>>  Treatment of Authority Regarding 
Finalization of Sunscreen Monograph.--
            (1) In general.--
                    (A) Revision of final sunscreen order.--The 
                Secretary of Health and Human Services (referred to in 
                this subsection as the ``Secretary'') shall amend and 
                revise the

[[Page 134 STAT. 457]]

                final administrative order concerning nonprescription 
                sunscreen (referred to in this subsection as the 
                ``sunscreen order'') for which the content, prior to the 
                date of enactment of this Act, was represented by the 
                final monograph for sunscreen drug products set forth in 
                part 352 of title 21, Code of Federal Regulations (as in 
                effect on May 21, 1999).
                    (B) <<NOTE: Deadlines.>>  Issuance of revised 
                sunscreen order; effective date.--A revised sunscreen 
                order described in subparagraph (A) shall be--
                          (i) issued in accordance with the procedures 
                      described in section 505G(b)(2) of the Federal 
                      Food, Drug, and Cosmetic Act;
                          (ii) issued in proposed form not later than 18 
                      months after the date of enactment of this Act; 
                      and
                          (iii) issued by the Secretary at least 1 year 
                      prior to the effective date of the revised order.
            (2) <<NOTE: Plan. Timeline.>>  Reports.--If a revised 
        sunscreen order issued under paragraph (1) does not include 
        provisions related to the effectiveness of various sun 
        protection factor levels, and does not address all dosage forms 
        known to the Secretary to be used in sunscreens marketed in the 
        United States without a new drug application approved under 
        section 505 of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 355), the Secretary shall submit a report to the 
        Committee on Energy and Commerce of the House of Representatives 
        and the Committee on Health, Education, Labor, and Pensions of 
        the Senate on the rationale for omission of such provisions from 
        such order, and a plan and timeline to compile any information 
        necessary to address such provisions through such order.

    (d) <<NOTE: 21 USC 360fff-6 note.>>  Treatment of Non-Sunscreen Time 
and Extent Applications.--
            (1) In general.--Any application described in section 586F 
        of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff-6) 
        that was submitted to the Secretary pursuant to section 330.14 
        of title 21, Code of Federal Regulations, as such provisions 
        were in effect immediately prior to the date of enactment date 
        of this Act, shall be extinguished as of such date of enactment, 
        subject to paragraph (2).
            (2) Order request.--Nothing in paragraph (1) precludes the 
        submission of an order request under section 505G(b) of the 
        Federal Food, Drug, and Cosmetic Act, as added by section 3851 
        of this subtitle, with respect to a drug that was the subject of 
        an application extinguished under paragraph (1).
SEC. 3855. <<NOTE: 21 USC 355h note.>>  ANNUAL UPDATE TO CONGRESS 
                          ON APPROPRIATE PEDIATRIC INDICATION FOR 
                          CERTAIN OTC COUGH AND COLD DRUGS.

    (a) <<NOTE: Deadline.>>  In General.--Subject to subsection (c), the 
Secretary of Health and Human Services shall, beginning not later than 1 
year after the date of enactment of this Act, annually submit to the 
Committee on Energy and Commerce of the House of Representatives and the 
Committee on Health, Education, Labor, and Pensions of the Senate a 
letter describing the progress of the Food and Drug Administration--
            (1) in evaluating the cough and cold monograph described in 
        subsection (b) with respect to children under age 6; and

[[Page 134 STAT. 458]]

            (2) as appropriate, revising such cough and cold monograph 
        to address such children through the order process under section 
        505G(b) of the Federal Food, Drug, and Cosmetic Act, as added by 
        section 3851 of this subtitle.

    (b) Cough and Cold Monograph Described.--The cough and cold 
monograph described in this subsection consists of the conditions under 
which nonprescription drugs containing antitussive, expectorant, nasal 
decongestant, or antihistamine active ingredients (or combinations 
thereof) are generally recognized as safe and effective, as specified in 
part 341 of title 21, Code of Federal Regulations (as in effect 
immediately prior to the date of enactment of this Act), and included in 
an order deemed to be established under section 505G(b) of the Federal 
Food, Drug, and Cosmetic Act, as added by section 3851 of this subtitle.
    (c) Duration of Authority.--The requirement under subsection (a) 
shall terminate as of the date of a letter submitted by the Secretary of 
Health and Human Services pursuant to such subsection in which the 
Secretary indicates that the Food and Drug Administration has completed 
its evaluation and revised, in a final order, as applicable, the cough 
and cold monograph as described in subsection (a)(2).
SEC. 3856. TECHNICAL CORRECTIONS.

    (a) Imports and Exports.--Section 801(e)(4)(E)(iii) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 381(e)(4)(E)(iii)) is amended by 
striking ``subparagraph'' each place such term appears and inserting 
``paragraph''.
    (b) FDA Reauthorization Act of 2017.--
            (1) In general.--Section 905(b)(4) of the FDA 
        Reauthorization Act of 2017 (Public Law 115-52) <<NOTE: 21 USC 
        379j-52.>>  is amended by striking ``Section 744H(e)(2)(B)'' and 
        inserting ``Section 744H(f)(2)(B)''.
            (2) <<NOTE: 21 USC 379j-52 note.>>  Effective date.--The 
        amendment made by paragraph (1) shall take effect as of the 
        enactment of the FDA Reauthorization Act of 2017 (Public Law 
        115-52).

                           PART II--USER FEES

SEC. 3861. <<NOTE: 21 USC 379j-71 note.>>  FINDING.

    The Congress finds that the fees authorized by the amendments made 
in this part will be dedicated to OTC monograph drug activities, as set 
forth in the goals identified for purposes of part 10 of subchapter C of 
chapter VII of the Federal Food, Drug, and Cosmetic Act, in the letters 
from the Secretary of Health and Human Services to the Chairman of the 
Committee on Health, Education, Labor, and Pensions of the Senate and 
the Chairman of the Committee on Energy and Commerce of the House of 
Representatives, as set forth in the Congressional Record.
SEC. 3862. FEES RELATING TO OVER-THE-COUNTER DRUGS.

    Subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 379f et seq.) is amended by inserting after part 9 the 
following:

[[Page 134 STAT. 459]]

           ``PART 10--FEES RELATING TO OVER-THE-COUNTER DRUGS

``SEC. 744L. <<NOTE: 21 USC 379j-71.>>  DEFINITIONS.

    ``In this part:
            ``(1) The term `affiliate' means a business entity that has 
        a relationship with a second business entity if, directly or 
        indirectly--
                    ``(A) one business entity controls, or has the power 
                to control, the other business entity; or
                    ``(B) a third party controls, or has power to 
                control, both of the business entities.
            ``(2) The term `contract manufacturing organization 
        facility' means an OTC monograph drug facility where neither the 
        owner of such manufacturing facility nor any affiliate of such 
        owner or facility sells the OTC monograph drug produced at such 
        facility directly to wholesalers, retailers, or consumers in the 
        United States.
            ``(3) The term `costs of resources allocated for OTC 
        monograph drug activities' means the expenses in connection with 
        OTC monograph drug activities for--
                    ``(A) officers and employees of the Food and Drug 
                Administration, contractors of the Food and Drug 
                Administration, advisory committees, and costs related 
                to such officers, employees, and committees and costs 
                related to contracts with such contractors;
                    ``(B) management of information, and the 
                acquisition, maintenance, and repair of computer 
                resources;
                    ``(C) leasing, maintenance, renovation, and repair 
                of facilities and acquisition, maintenance, and repair 
                of fixtures, furniture, scientific equipment, and other 
                necessary materials and supplies; and
                    ``(D) collecting fees under section 744M and 
                accounting for resources allocated for OTC monograph 
                drug activities.
            ``(4) The term `FDA establishment identifier' is the unique 
        number automatically generated by Food and Drug Administration's 
        Field Accomplishments and Compliance Tracking System (FACTS) (or 
        any successor system).
            ``(5) The term `OTC monograph drug' means a nonprescription 
        drug without an approved new drug application which is governed 
        by the provisions of section 505G.
            ``(6) The term `OTC monograph drug activities' means 
        activities of the Secretary associated with OTC monograph drugs 
        and inspection of facilities associated with such products, 
        including the following activities:
                    ``(A) The activities necessary for review and 
                evaluation of OTC monographs and OTC monograph order 
                requests, including--
                          ``(i) orders proposing or finalizing 
                      applicable conditions of use for OTC monograph 
                      drugs;
                          ``(ii) orders affecting status regarding 
                      general recognition of safety and effectiveness of 
                      an OTC monograph ingredient or combination of 
                      ingredients under specified conditions of use;
                          ``(iii) all OTC monograph drug development and 
                      review activities, including intra-agency 
                      collaboration;

[[Page 134 STAT. 460]]

                          ``(iv) regulation and policy development 
                      activities related to OTC monograph drugs;
                          ``(v) development of product standards for 
                      products subject to review and evaluation;
                          ``(vi) meetings referred to in section 
                      505G(i);
                          ``(vii) review of labeling prior to issuance 
                      of orders related to OTC monograph drugs or 
                      conditions of use; and
                          ``(viii) regulatory science activities related 
                      to OTC monograph drugs.
                    ``(B) Inspections related to OTC monograph drugs.
                    ``(C) Monitoring of clinical and other research 
                conducted in connection with OTC monograph drugs.
                    ``(D) Safety activities with respect to OTC 
                monograph drugs, including--
                          ``(i) collecting, developing, and reviewing 
                      safety information on OTC monograph drugs, 
                      including adverse event reports;
                          ``(ii) developing and using improved adverse 
                      event data-collection systems, including 
                      information technology systems; and
                          ``(iii) developing and using improved 
                      analytical tools to assess potential safety risks, 
                      including access to external databases.
                    ``(E) Other activities necessary for implementation 
                of section 505G.
            ``(7) The term `OTC monograph order request' means a request 
        for an order submitted under section 505G(b)(5).
            ``(8) The term `Tier 1 OTC monograph order request' means 
        any OTC monograph order request not determined to be a Tier 2 
        OTC monograph order request.
            ``(9)(A) The term `Tier 2 OTC monograph order request' 
        means, subject to subparagraph (B), an OTC monograph order 
        request for--
                    ``(i) the reordering of existing information in the 
                drug facts label of an OTC monograph drug;
                    ``(ii) the addition of information to the other 
                information section of the drug facts label of an OTC 
                monograph drug, as limited by section 201.66(c)(7) of 
                title 21, Code of Federal Regulations (or any successor 
                regulations);
                    ``(iii) modification to the directions for use 
                section of the drug facts label of an OTC monograph 
                drug, if such changes conform to changes made pursuant 
                to section 505G(c)(3)(A);
                    ``(iv) the standardization of the concentration or 
                dose of a specific finalized ingredient within a 
                particular finalized monograph;
                    ``(v) a change to ingredient nomenclature to align 
                with nomenclature of a standards-setting organization; 
                or
                    ``(vi) addition of an interchangeable term in 
                accordance with section 330.1 of title 21, Code of 
                Federal Regulations (or any successor regulations).
            ``(B) The Secretary may, based on program implementation 
        experience or other factors found appropriate by the Secretary, 
        characterize any OTC monograph order request as a Tier 2 OTC 
        monograph order request (including recharacterizing a

[[Page 134 STAT. 461]]

        request from Tier 1 to Tier 2) and publish such determination in 
        a proposed order issued pursuant to section 505G.
            ``(10)(A) The term `OTC monograph drug facility' means a 
        foreign or domestic business or other entity that--
                    ``(i) is--
                          ``(I) under one management, either direct or 
                      indirect; and
                          ``(II) at one geographic location or address 
                      engaged in manufacturing or processing the 
                      finished dosage form of an OTC monograph drug;
                    ``(ii) includes a finished dosage form manufacturer 
                facility in a contractual relationship with the sponsor 
                of one or more OTC monograph drugs to manufacture or 
                process such drugs; and
                    ``(iii) does not include a business or other entity 
                whose only manufacturing or processing activities are 
                one or more of the following: production of clinical 
                research supplies, testing, or placement of outer 
                packaging on packages containing multiple products, for 
                such purposes as creating multipacks, when each 
                monograph drug product contained within the 
                overpackaging is already in a final packaged form prior 
                to placement in the outer overpackaging.
            ``(B) For purposes of subparagraph (A)(i)(II), separate 
        buildings or locations within close proximity are considered to 
        be at one geographic location or address if the activities 
        conducted in such buildings or locations are--
                    ``(i) closely related to the same business 
                enterprise;
                    ``(ii) under the supervision of the same local 
                management; and
                    ``(iii) under a single FDA establishment identifier 
                and capable of being inspected by the Food and Drug 
                Administration during a single inspection.
            ``(C) If a business or other entity would meet criteria 
        specified in subparagraph (A), but for being under multiple 
        management, the business or other entity is deemed to constitute 
        multiple facilities, one per management entity, for purposes of 
        this paragraph.
            ``(11) The term `OTC monograph drug meeting' means any 
        meeting regarding the content of a proposed OTC monograph order 
        request.
            ``(12) The term `person' includes an affiliate of a person.
            ``(13) The terms `requestor' and `sponsor' have the meanings 
        given such terms in section 505G.
``SEC. 744M. <<NOTE: 21 USC 379j-72.>>  AUTHORITY TO ASSESS AND 
                          USE OTC MONOGRAPH FEES.

    ``(a) <<NOTE: Effective date.>>  Types of Fees.--Beginning with 
fiscal year 2021, the Secretary shall assess and collect fees in 
accordance with this section as follows:
            ``(1) Facility fee.--
                    ``(A) <<NOTE: Time period.>>  In general.--Each 
                person that owns a facility identified as an OTC 
                monograph drug facility on December 31 of the fiscal 
                year or at any time during the preceding 12-month period 
                shall be assessed an annual fee for each such facility 
                as determined under subsection (c).
                    ``(B) Exceptions.--

[[Page 134 STAT. 462]]

                          ``(i) Facilities that cease activities.--A fee 
                      shall not be assessed under subparagraph (A) if 
                      the identified OTC monograph drug facility--
                                    ``(I) has ceased all activities 
                                related to OTC monograph drugs prior to 
                                December 31 of the year immediately 
                                preceding the applicable fiscal year; 
                                and
                                    ``(II) has updated its registration 
                                to reflect such change under the 
                                requirements for drug establishment 
                                registration set forth in section 510.
                          ``(ii) Contract manufacturing organizations.--
                      The amount of the fee for a contract manufacturing 
                      organization facility shall be equal to two-thirds 
                      of the amount of the fee for an OTC monograph drug 
                      facility that is not a contract manufacturing 
                      organization facility.
                    ``(C) Amount.--The amount of fees established under 
                subparagraph (A) shall be established under subsection 
                (c).
                    ``(D) Due date.--
                          ``(i) For first program year.--For fiscal year 
                      2021, the facility fees required under 
                      subparagraph (A) shall be due on the later of--
                                    ``(I) the first business day of July 
                                of 2020; or
                                    ``(II) 45 calendar days after 
                                publication of the Federal Register 
                                notice provided for under subsection 
                                (c)(4)(A).
                          ``(ii) Subsequent fiscal years.--For each 
                      fiscal year after fiscal year 2021, the facility 
                      fees required under subparagraph (A) shall be due 
                      on the later of--
                                    ``(I) the first business day of June 
                                of such year; or
                                    ``(II) the first business day after 
                                the enactment of an appropriations Act 
                                providing for the collection and 
                                obligation of fees under this section 
                                for such year.
            ``(2) OTC monograph order request fee.--
                    ``(A) In general.--Each person that submits an OTC 
                monograph order request shall be subject to a fee for an 
                OTC monograph order request. The amount of such fee 
                shall be--
                          ``(i) for a Tier 1 OTC monograph order 
                      request, $500,000, adjusted for inflation for the 
                      fiscal year (as determined under subsection 
                      (c)(1)(B)); and
                          ``(ii) for a Tier 2 OTC monograph order 
                      request, $100,000, adjusted for inflation for the 
                      fiscal year (as determined under subsection 
                      (c)(1)(B)).
                    ``(B) Due date.--The OTC monograph order request 
                fees required under subparagraph (A) shall be due on the 
                date of submission of the OTC monograph order request.
                    ``(C) Exception for certain safety changes.--A 
                person who is named as the requestor in an OTC monograph 
                order shall not be subject to a fee under subparagraph 
                (A) if the Secretary finds that the OTC monograph order 
                request seeks to change the drug facts labeling of an 
                OTC monograph drug in a way that would add to or 
                strengthen--

[[Page 134 STAT. 463]]

                          ``(i) a contraindication, warning, or 
                      precaution;
                          ``(ii) a statement about risk associated with 
                      misuse or abuse; or
                          ``(iii) an instruction about dosage and 
                      administration that is intended to increase the 
                      safe use of the OTC monograph drug.
                    ``(D) Refund of fee if order request is 
                recategorized as a tier 2 otc monograph order request.--
                If the Secretary <<NOTE: Determination.>>  determines 
                that an OTC monograph request initially characterized as 
                Tier 1 shall be re-characterized as a Tier 2 OTC 
                monograph order request, and the requestor has paid a 
                Tier 1 fee in accordance with subparagraph (A)(i), the 
                Secretary shall refund the requestor the difference 
                between the Tier 1 and Tier 2 fees determined under 
                subparagraphs (A)(i) and (A)(ii), respectively.
                    ``(E) Refund of fee if order request refused for 
                filing or withdrawn before filing.--The Secretary shall 
                refund 75 percent of the fee paid under subparagraph (B) 
                for any order request which is refused for filing or was 
                withdrawn before being accepted or refused for filing.
                    ``(F) Fees for order requests previously refused for 
                filing or withdrawn before filing.--An OTC monograph 
                order request that was submitted but was refused for 
                filing, or was withdrawn before being accepted or 
                refused for filing, shall be subject to the full fee 
                under subparagraph (A) upon being resubmitted or filed 
                over protest.
                    ``(G) Refund of fee if order request withdrawn.--If 
                an order request is withdrawn after the order request 
                was filed, the Secretary may refund the fee or a portion 
                of the fee if no substantial work was performed on the 
                order request after the application was filed. The 
                Secretary shall have the sole discretion to refund a fee 
                or a portion of the fee under this subparagraph. A 
                determination by the Secretary concerning a refund under 
                this subparagraph shall not be reviewable.
            ``(3) Refunds.--
                    ``(A) In general.--Other than refunds provided 
                pursuant to any of subparagraphs (D) through (G) of 
                paragraph (2), the Secretary shall not refund any fee 
                paid under paragraph (1) except as provided in 
                subparagraph (B).
                    ``(B) <<NOTE: Deadline.>>  Disputes concerning 
                fees.--To qualify for the return of a fee claimed to 
                have been paid in error under paragraph (1) or (2), a 
                person shall submit to the Secretary a written request 
                justifying such return within 180 calendar days after 
                such fee was paid.
            ``(4) <<NOTE: Federal Register, publication.>>  Notice.--
        Within the timeframe specified in subsection (c), the Secretary 
        shall publish in the Federal Register the amount of the fees 
        under paragraph (1) for such fiscal year.

    ``(b) Fee Revenue Amounts.--
            ``(1) Fiscal year 2021.--For fiscal year 2021, fees under 
        subsection (a)(1) shall be established to generate a total 
        facility fee revenue amount equal to the sum of--
                    ``(A) the annual base revenue for fiscal year 2021 
                (as determined under paragraph (3));

[[Page 134 STAT. 464]]

                    ``(B) the dollar amount equal to the operating 
                reserve adjustment for the fiscal year, if applicable 
                (as determined under subsection (c)(2)); and
                    ``(C) additional direct cost adjustments (as 
                determined under subsection (c)(3)).
            ``(2) Subsequent fiscal years.--For each of the fiscal years 
        2022 through 2025, fees under subsection (a)(1) shall be 
        established to generate a total facility fee revenue amount 
        equal to the sum of--
                    ``(A) the annual base revenue for the fiscal year 
                (as determined under paragraph (3));
                    ``(B) the dollar amount equal to the inflation 
                adjustment for the fiscal year (as determined under 
                subsection (c)(1));
                    ``(C) the dollar amount equal to the operating 
                reserve adjustment for the fiscal year, if applicable 
                (as determined under subsection (c)(2));
                    ``(D) additional direct cost adjustments (as 
                determined under subsection (c)(3)); and
                    ``(E) additional dollar amounts for each fiscal year 
                as follows:
                          ``(i) $7,000,000 for fiscal year 2022.
                          ``(ii) $6,000,000 for fiscal year 2023.
                          ``(iii) $7,000,000 for fiscal year 2024.
                          ``(iv) $3,000,000 for fiscal year 2025.
            ``(3) Annual base revenue.--For purposes of paragraphs 
        (1)(A) and (2)(A), the dollar amount of the annual base revenue 
        for a fiscal year shall be--
                    ``(A) for fiscal year 2021, $8,000,000; and
                    ``(B) for fiscal years 2022 through 2025, the dollar 
                amount of the total revenue amount established under 
                this subsection for the previous fiscal year, not 
                including any adjustments made under subsection (c)(2) 
                or (c)(3).

    ``(c) Adjustments; Annual Fee Setting.--
            ``(1) Inflation adjustment.--
                    ``(A) In general.--For purposes of subsection 
                (b)(2)(B), the dollar amount of the inflation adjustment 
                to the annual base revenue for fiscal year 2022 and each 
                subsequent fiscal year shall be equal to the product 
                of--
                          ``(i) such annual base revenue for the fiscal 
                      year under subsection (b)(2); and
                          ``(ii) the inflation adjustment percentage 
                      under subparagraph (C).
                    ``(B) OTC monograph order request fees.--For 
                purposes of subsection (a)(2), the dollar amount of the 
                inflation adjustment to the fee for OTC monograph order 
                requests for fiscal year 2022 and each subsequent fiscal 
                year shall be equal to the product of--
                          ``(i) the applicable fee under subsection 
                      (a)(2) for the preceding fiscal year; and
                          ``(ii) the inflation adjustment percentage 
                      under subparagraph (C).
                    ``(C) <<NOTE: Time periods.>>  Inflation adjustment 
                percentage.--The inflation adjustment percentage under 
                this subparagraph for a fiscal year is equal to--
                          ``(i) for each of fiscal years 2022 and 2023, 
                      the average annual percent change that occurred in 
                      the

[[Page 134 STAT. 465]]

                      Consumer Price Index for urban consumers 
                      (Washington-Baltimore, DC-MD-VA-WV; Not Seasonally 
                      Adjusted; All items; Annual Index) for the first 3 
                      years of the preceding 4 years of available data; 
                      and
                          ``(ii) for each of fiscal years 2024 and 2025, 
                      the sum of--
                                    ``(I) the average annual percent 
                                change in the cost, per full-time 
                                equivalent position of the Food and Drug 
                                Administration, of all personnel 
                                compensation and benefits paid with 
                                respect to such positions for the first 
                                3 years of the preceding 4 fiscal years, 
                                multiplied by the proportion of 
                                personnel compensation and benefits 
                                costs to total costs of OTC monograph 
                                drug activities for the first 3 years of 
                                the preceding 4 fiscal years; and
                                    ``(II) the average annual percent 
                                change that occurred in the Consumer 
                                Price Index for urban consumers 
                                (Washington-Baltimore, DC-MD-VA-WV; Not 
                                Seasonally Adjusted; All items; Annual 
                                Index) for the first 3 years of the 
                                preceding 4 years of available data 
                                multiplied by the proportion of all 
                                costs other than personnel compensation 
                                and benefits costs to total costs of OTC 
                                monograph drug activities for the first 
                                3 years of the preceding 4 fiscal years.
            ``(2) Operating reserve adjustment.--
                    ``(A) In general.--For fiscal year 2021 and 
                subsequent fiscal years, for purposes of subsections 
                (b)(1)(B) and (b)(2)(C), the Secretary may, in addition 
                to adjustments under paragraph (1), further increase the 
                fee revenue and fees if such an adjustment is necessary 
                to provide operating reserves of carryover user fees for 
                OTC monograph drug activities for not more than the 
                number of weeks specified in subparagraph (B).
                    ``(B) Number of weeks.--The number of weeks 
                specified in this subparagraph is--
                          ``(i) 3 weeks for fiscal year 2021;
                          ``(ii) 7 weeks for fiscal year 2022;
                          ``(iii) 10 weeks for fiscal year 2023;
                          ``(iv) 10 weeks for fiscal year 2024; and
                          ``(v) 10 weeks for fiscal year 2025.
                    ``(C) <<NOTE: Time period.>>  Decrease.--If the 
                Secretary has carryover balances for such process in 
                excess of 10 weeks of the operating reserves referred to 
                in subparagraph (A), the Secretary shall decrease the 
                fee revenue and fees referred to in such subparagraph to 
                provide for not more than 10 weeks of such operating 
                reserves.
                    ``(D) Rationale for adjustment.--If an adjustment 
                under this paragraph is made, the rationale for the 
                amount of the increase or decrease (as applicable) in 
                fee revenue and fees shall be contained in the annual 
                Federal Register notice under paragraph (4) establishing 
                fee revenue and fees for the fiscal year involved.
            ``(3) Additional direct cost adjustment.--The Secretary 
        shall, in addition to adjustments under paragraphs (1) and (2), 
        further increase the fee revenue and fees for purposes of 
        subsection (b)(2)(D) by an amount equal to--

[[Page 134 STAT. 466]]

                    ``(A) $14,000,000 for fiscal year 2021;
                    ``(B) $7,000,000 for fiscal year 2022;
                    ``(C) $4,000,000 for fiscal year 2023;
                    ``(D) $3,000,000 for fiscal year 2024; and
                    ``(E) $3,000,000 for fiscal year 2025.
            ``(4) <<NOTE: Deadline. Federal Register, publication.>>  
        Annual fee setting.--
                    ``(A) Fiscal year 2021.--The Secretary shall, not 
                later than the second Monday in May of 2020--
                          ``(i) establish OTC monograph drug facility 
                      fees for fiscal year 2021 under subsection (a), 
                      based on the revenue amount for such year under 
                      subsection (b) and the adjustments provided under 
                      this subsection; and
                          ``(ii) publish fee revenue, facility fees, and 
                      OTC monograph order requests in the Federal 
                      Register.
                    ``(B) Subsequent fiscal years.--The Secretary shall, 
                for each fiscal year that begins after September 30, 
                2021, not later than the second Monday in March that 
                precedes such fiscal year--
                          ``(i) establish for such fiscal year, based on 
                      the revenue amounts under subsection (b) and the 
                      adjustments provided under this subsection--
                                    ``(I) OTC monograph drug facility 
                                fees under subsection (a)(1); and
                                    ``(II) OTC monograph order request 
                                fees under subsection (a)(2); and
                          ``(ii) publish such fee revenue amounts, 
                      facility fees, and OTC monograph order request 
                      fees in the Federal Register.

    ``(d) Identification of Facilities.--Each person that owns an OTC 
monograph drug facility shall submit to the Secretary the information 
required under this subsection each year. Such information shall, for 
each fiscal year--
            ``(1) be submitted as part of the requirements for drug 
        establishment registration set forth in section 510; and
            ``(2) include for each such facility, at a minimum, 
        identification of the facility's business operation as that of 
        an OTC monograph drug facility.

    ``(e) Effect of Failure To Pay Fees.--
            ``(1) OTC monograph drug facility fee.--
                    ``(A) <<NOTE: Time period.>>  In general.--Failure 
                to pay the fee under subsection (a)(1) within 20 
                calendar days of the due date as specified in 
                subparagraph (D) of such subsection shall result in the 
                following:
                          ``(i) <<NOTE: Public information. List.>>  The 
                      Secretary shall place the facility on a publicly 
                      available arrears list.
                          ``(ii) All OTC monograph drugs manufactured in 
                      such a facility or containing an ingredient 
                      manufactured in such a facility shall be deemed 
                      misbranded under section 502(ff).
                    ``(B) Application of penalties.--The penalties under 
                this paragraph shall apply until the fee established by 
                subsection (a)(1) is paid.
            ``(2) Order requests.--An OTC monograph order request 
        submitted by a person subject to fees under subsection (a) shall 
        be considered incomplete and shall not be accepted for

[[Page 134 STAT. 467]]

        filing by the Secretary until all fees owed by such person under 
        this section have been paid.
            ``(3) Meetings.--A person subject to fees under this section 
        shall be considered ineligible for OTC monograph drug meetings 
        until all such fees owed by such person have been paid.

    ``(f) Crediting and Availability of Fees.--
            ``(1) In general.--Fees authorized under subsection (a) 
        shall be collected and available for obligation only to the 
        extent and in the amount provided in advance in appropriations 
        Acts. Such fees are authorized to remain available until 
        expended. Such sums as may be necessary may be transferred from 
        the Food and Drug Administration salaries and expenses 
        appropriation account without fiscal year limitation to such 
        appropriation account for salaries and expenses with such fiscal 
        year limitation. The sums transferred shall be available solely 
        for OTC monograph drug activities.
            ``(2) Collections and appropriation acts.--
                    ``(A) In general.--Subject to subparagraph (C), the 
                fees authorized by this section shall be collected and 
                available in each fiscal year in an amount not to exceed 
                the amount specified in appropriation Acts, or otherwise 
                made available for obligation, for such fiscal year.
                    ``(B) Use of fees and limitation.--The fees 
                authorized by this section shall be available to defray 
                increases in the costs of the resources allocated for 
                OTC monograph drug activities (including increases in 
                such costs for an additional number of full-time 
                equivalent positions in the Department of Health and 
                Human Services to be engaged in such activities), only 
                if the Secretary allocates for such purpose an amount 
                for such fiscal year (excluding amounts from fees 
                collected under this section) no less than $12,000,000, 
                multiplied by the adjustment factor applicable to the 
                fiscal year involved under subsection (c)(1).
                    ``(C) Compliance.--The Secretary shall be considered 
                to have met the requirements of subparagraph (B) in any 
                fiscal year if the costs funded by appropriations and 
                allocated for OTC monograph drug activities are not more 
                than 15 percent below the level specified in such 
                subparagraph.
                    ``(D) Provision for early payments in subsequent 
                years.--Payment of fees authorized under this section 
                for a fiscal year (after fiscal year 2021), prior to the 
                due date for such fees, may be accepted by the Secretary 
                in accordance with authority provided in advance in a 
                prior year appropriations Act.
            ``(3) Authorization of appropriations.--For each of the 
        fiscal years 2021 through 2025, there is authorized to be 
        appropriated for fees under this section an amount equal to the 
        total amount of fees assessed for such fiscal year under this 
        section.

    ``(g) <<NOTE: Deadline.>>  Collection of Unpaid Fees.--In any case 
where the Secretary does not receive payment of a fee assessed under 
subsection (a) within 30 calendar days after it is due, such fee shall 
be treated as a claim of the United States Government subject to 
subchapter II of chapter 37 of title 31, United States Code.

    ``(h) Construction.--This section may not be construed to require 
that the number of full-time equivalent positions in the

[[Page 134 STAT. 468]]

Department of Health and Human Services, for officers, employers, and 
advisory committees not engaged in OTC monograph drug activities, be 
reduced to offset the number of officers, employees, and advisory 
committees so engaged.
``SEC. 744N. <<NOTE: 21 USC 379j-73.>>  REAUTHORIZATION; REPORTING 
                          REQUIREMENTS.

    ``(a) <<NOTE: Effective date.>>  Performance Report.--Beginning with 
fiscal year 2021, and not later than 120 calendar days after the end of 
each fiscal year thereafter for which fees are collected under this 
part, the Secretary shall prepare and submit to the Committee on Energy 
and Commerce of the House of Representatives and the Committee on 
Health, Education, Labor, and Pensions of the Senate a report concerning 
the progress of the Food and Drug Administration in achieving the goals 
identified in the letters described in section 3861(b) of the CARES Act 
during such fiscal year and the future plans of the Food and Drug 
Administration for meeting such goals.

    ``(b) Fiscal Report.--Not later than 120 calendar days after the end 
of fiscal year 2021 and each subsequent fiscal year for which fees are 
collected under this part, the Secretary shall prepare and submit to the 
Committee on Energy and Commerce of the House of Representatives and the 
Committee on Health, Education, Labor, and Pensions of the Senate a 
report on the implementation of the authority for such fees during such 
fiscal year and the use, by the Food and Drug Administration, of the 
fees collected for such fiscal year.
    ``(c) <<NOTE: Web posting.>>  Public Availability.--The Secretary 
shall make the reports required under subsections (a) and (b) available 
to the public on the internet website of the Food and Drug 
Administration.

    ``(d) Reauthorization.--
            ``(1) <<NOTE: Recommenda- tions. Plans. Time period.>>  
        Consultation.--In developing recommendations to present to the 
        Congress with respect to the goals described in subsection (a), 
        and plans for meeting the goals, for OTC monograph drug 
        activities for the first 5 fiscal years after fiscal year 2025, 
        and for the reauthorization of this part for such fiscal years, 
        the Secretary shall consult with--
                    ``(A) the Committee on Energy and Commerce of the 
                House of Representatives;
                    ``(B) the Committee on Health, Education, Labor, and 
                Pensions of the Senate;
                    ``(C) scientific and academic experts;
                    ``(D) health care professionals;
                    ``(E) representatives of patient and consumer 
                advocacy groups; and
                    ``(F) the regulated industry.
            ``(2) Public review of recommendations.--After negotiations 
        with the regulated industry, the Secretary shall--
                    ``(A) present the recommendations developed under 
                paragraph (1) to the congressional committees specified 
                in such paragraph;
                    ``(B) <<NOTE: Federal Register, publication.>>  
                publish such recommendations in the Federal Register;
                    ``(C) <<NOTE: Time period.>>  provide for a period 
                of 30 calendar days for the public to provide written 
                comments on such recommendations;
                    ``(D) hold a meeting at which the public may present 
                its views on such recommendations; and

[[Page 134 STAT. 469]]

                    ``(E) after consideration of such public views and 
                comments, revise such recommendations as necessary.
            ``(3) <<NOTE: Deadline. Summary.>>  Transmittal of 
        recommendations.--Not later than January 15, 2025, the Secretary 
        shall transmit to the Congress the revised recommendations under 
        paragraph (2), a summary of the views and comments received 
        under such paragraph, and any changes made to the 
        recommendations in response to such views and comments.''.

 TITLE IV--ECONOMIC STABILIZATION AND ASSISTANCE TO SEVERELY DISTRESSED 
                  SECTORS OF THE UNITED STATES ECONOMY

 Subtitle <<NOTE: Coronavirus Economic Stabilization Act of 2020.>>  A--
Coronavirus Economic Stabilization Act of 2020
SEC. 4001. <<NOTE: 15 USC 9001 note.>>  SHORT TITLE.

    This subtitle may be cited as the ``Coronavirus Economic 
Stabilization Act of 2020''.
SEC. 4002. <<NOTE: 15 USC 9041.>>  DEFINITIONS.

    In this subtitle:
            (1) Air carrier.--The term ``air carrier'' has the meaning 
        such term has under section 40102 of title 49, United States 
        Code.
            (2) Coronavirus.--The term ``coronavirus'' means SARS-CoV-2 
        or another coronavirus with pandemic potential.
            (3) Covered loss.--The term ``covered loss'' includes losses 
        incurred directly or indirectly as a result of coronavirus, as 
        determined by the Secretary.
            (4) Eligible business.--The term ``eligible business'' 
        means--
                    (A) an air carrier; or
                    (B) a United States business that has not otherwise 
                received adequate economic relief in the form of loans 
                or loan guarantees provided under this Act.
            (5) Employee.--Except where the context otherwise requires, 
        the term ``employee''--
                    (A) has the meaning given the term in section 2 of 
                the National Labor Relations Act (29 U.S.C. 152); and
                    (B) includes any individual employed by an employer 
                subject to the Railway Labor Act (45 U.S.C. 151 et 
                seq.).
            (6) Equity security; exchange.--The terms ``equity 
        security'' and ``exchange'' have the meanings given the terms in 
        section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 
        78c(a)).
            (7) Municipality.--The term ``municipality'' includes--
                    (A) a political subdivision of a State, and
                    (B) an instrumentality of a municipality, a State, 
                or a political subdivision of a State.
            (8) National securities exchange.--The term ``national 
        securities exchange'' means an exchange registered as a

[[Page 134 STAT. 470]]

        national securities exchange under section 6 of the Securities 
        Exchange Act of 1934 (15 U.S.C. 78f).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury, or the designee of the Secretary of the 
        Treasury.
            (10) State.--The term ``State'' means--
                    (A) any of the several States;
                    (B) the District of Columbia;
                    (C) any of the territories and possessions of the 
                United States;
                    (D) any bi-State or multi-State entity; and
                    (E) any Indian Tribe.
SEC. 4003. <<NOTE: 15 USC 9042.>>  EMERGENCY RELIEF AND TAXPAYER 
                          PROTECTIONS.

    (a) <<NOTE: Loans.>>  In General.--Notwithstanding any other 
provision of law, to provide liquidity to eligible businesses, States, 
and municipalities related to losses incurred as a result of 
coronavirus, the Secretary is authorized to make loans, loan guarantees, 
and other investments in support of eligible businesses, States, and 
municipalities that do not, in the aggregate, exceed $500,000,000,000 
and provide the subsidy amounts necessary for such loans, loan 
guarantees, and other investments in accordance with the provisions of 
the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).

    (b) Loans, Loan Guarantees, and Other Investments.--Loans, loan 
guarantees, and other investments made pursuant to subsection (a) shall 
be made available as follows:
            (1) Not more than $25,000,000,000 shall be available to make 
        loans and loan guarantees for passenger air carriers, eligible 
        businesses that are certified under part 145 of title 14, Code 
        of Federal Regulations, and approved to perform inspection, 
        repair, replace, or overhaul services, and ticket agents (as 
        defined in section 40102 of title 49, United States Code).
            (2) Not more than $4,000,000,000 shall be available to make 
        loans and loan guarantees for cargo air carriers.
            (3) Not more than $17,000,000,000 shall be available to make 
        loans and loan guarantees for businesses critical to maintaining 
        national security.
            (4) Not more than the sum of $454,000,000,000 and any 
        amounts available under paragraphs (1), (2), and (3) that are 
        not used as provided under those paragraphs shall be available 
        to make loans and loan guarantees to, and other investments in, 
        programs or facilities established by the Board of Governors of 
        the Federal Reserve System for the purpose of providing 
        liquidity to the financial system that supports lending to 
        eligible businesses, States, or municipalities by--
                    (A) purchasing obligations or other interests 
                directly from issuers of such obligations or other 
                interests;
                    (B) purchasing obligations or other interests in 
                secondary markets or otherwise; or
                    (C) making loans, including loans or other advances 
                secured by collateral.

    (c) Terms and Conditions.--
            (1) In general.--
                    (A) Forms; terms and conditions.--A loan, loan 
                guarantee, or other investment by the Secretary shall be 
                made under this section in such form and on such terms 
                and

[[Page 134 STAT. 471]]

                conditions and contain such covenants, representations, 
                warranties, and requirements (including requirements for 
                audits) as the Secretary determines appropriate. Any 
                loans made by the Secretary under this section shall be 
                at a rate determined by the Secretary based on the risk 
                and the current average yield on outstanding marketable 
                obligations of the United States of comparable maturity.
                    (B) <<NOTE: Deadline. Publication.>>  Procedures.--
                As soon as practicable, but in no case later than 10 
                days after the date of enactment of this Act, the 
                Secretary shall publish procedures for application and 
                minimum requirements, which may be supplemented by the 
                Secretary in the Secretary's discretion, for making 
                loans, loan guarantees, or other investments under 
                paragraphs (1), (2) and (3) of subsection (b) .
            (2) <<NOTE: Time periods. Determinations.>>  Loans and loan 
        guarantees .--The Secretary may enter into agreements to make 
        loans or loan guarantees to 1 or more eligible businesses under 
        paragraphs (1), (2) and (3) of subsection (b) if the Secretary 
        determines that, in the Secretary's discretion--
                    (A) the applicant is an eligible business for which 
                credit is not reasonably available at the time of the 
                transaction;
                    (B) the intended obligation by the applicant is 
                prudently incurred;
                    (C) the loan or loan guarantee is sufficiently 
                secured or is made at a rate that--
                          (i) reflects the risk of the loan or loan 
                      guarantee; and
                          (ii) is to the extent practicable, not less 
                      than an interest rate based on market conditions 
                      for comparable obligations prevalent prior to the 
                      outbreak of the coronavirus disease 2019 (COVID-
                      19);
                    (D) the duration of the loan or loan guarantee is as 
                short as practicable and in any case not longer than 5 
                years;
                    (E) the agreement provides that, until the date 12 
                months after the date the loan or loan guarantee is no 
                longer outstanding, neither the eligible business nor 
                any affiliate of the eligible business may purchase an 
                equity security that is listed on a national securities 
                exchange of the eligible business or any parent company 
                of the eligible business, except to the extent required 
                under a contractual obligation in effect as of the date 
                of enactment of this Act;
                    (F) the agreement provides that, until the date 12 
                months after the date the loan or loan guarantee is no 
                longer outstanding, the eligible business shall not pay 
                dividends or make other capital distributions with 
                respect to the common stock of the eligible business;
                    (G) the agreement provides that, until September 30, 
                2020, the eligible business shall maintain its 
                employment levels as of March 24, 2020, to the extent 
                practicable, and in any case shall not reduce its 
                employment levels by more than 10 percent from the 
                levels on such date;
                    (H) <<NOTE: Certification.>>  the agreement includes 
                a certification by the eligible business that it is 
                created or organized in the United States or under the 
                laws of the United States

[[Page 134 STAT. 472]]

                and has significant operations in and a majority of its 
                employees based in the United States; and
                    (I) <<NOTE: Determination.>>  for purposes of a loan 
                or loan guarantee under paragraphs (1), (2), and (3) of 
                subsection (b), the eligible business must have incurred 
                or is expected to incur covered losses such that the 
                continued operations of the business are jeopardized, as 
                determined by the Secretary.
            (3) Federal reserve programs or facilities.--
                    (A) Terms and conditions.--
                          (i) Definition.--In this paragraph, the term 
                      ``direct loan'' means a loan under a bilateral 
                      loan agreement that is --
                                    (I) entered into directly with an 
                                eligible business as borrower; and
                                    (II) not part of a syndicated loan, 
                                a loan originated by a financial 
                                institution in the ordinary course of 
                                business, or a securities or capital 
                                markets transaction.
                          (ii) <<NOTE: Time periods.>>  Restrictions.--
                      The Secretary may make a loan, loan guarantee, or 
                      other investment under subsection (b)(4) as part 
                      of a program or facility that provides direct 
                      loans only if the applicable eligible businesses 
                      agree--
                                    (I) until the date 12 months after 
                                the date on which the direct loan is no 
                                longer outstanding, not to repurchase an 
                                equity security that is listed on a 
                                national securities exchange of the 
                                eligible business or any parent company 
                                of the eligible business while the 
                                direct loan is outstanding, except to 
                                the extent required under a contractual 
                                obligation that is in effect as of the 
                                date of enactment of this Act;
                                    (II) until the date 12 months after 
                                the date on which the direct loan is no 
                                longer outstanding, not to pay dividends 
                                or make other capital distributions with 
                                respect to the common stock of the 
                                eligible business; and
                                    (III) to comply with the limitations 
                                on compensation set forth in section 
                                4004.
                          (iii) <<NOTE: Determination.>>  Waiver.--The 
                      Secretary may waive the requirement under clause 
                      (ii) with respect to any program or facility upon 
                      a determination that such waiver is necessary to 
                      protect the interests of the Federal 
                      Government. <<NOTE: Testimony.>>  If the Secretary 
                      exercises a waiver under this clause, the 
                      Secretary shall make himself available to testify 
                      before the Committee on Banking, Housing, and 
                      Urban Affairs of the Senate and the Committee on 
                      Financial Services of the House of Representatives 
                      regarding the reasons for the waiver.
                    (B) Federal reserve act taxpayer protections and 
                other requirements apply.--For the avoidance of doubt, 
                any applicable requirements under section 13(3) of the 
                Federal Reserve Act (12 U.S.C. 343(3)), including 
                requirements relating to loan collateralization, 
                taxpayer protection, and borrower solvency, shall apply 
                with respect to any program or facility described in 
                subsection (b)(4).

[[Page 134 STAT. 473]]

                    (C) United states businesses.--A program or facility 
                in which the Secretary makes a loan, loan guarantee, or 
                other investment under subsection (b)(4) shall only 
                purchase obligations or other interests (other than 
                securities that are based on an index or that are based 
                on a diversified pool of securities) from, or make loans 
                or other advances to, businesses that are created or 
                organized in the United States or under the laws of the 
                United States and that have significant operations in 
                and a majority of its employees based in the United 
                States.
                    (D) Assistance for mid-sized businesses.--
                          (i) In general.--Without limiting the terms 
                      and conditions of the programs and facilities that 
                      the Secretary may otherwise provide financial 
                      assistance to under subsection (b)(4), the 
                      Secretary shall endeavor to seek the 
                      implementation of a program or facility described 
                      in subsection (b)(4) that provides financing to 
                      banks and other lenders that make direct loans to 
                      eligible businesses including, to the extent 
                      practicable, nonprofit organizations, with between 
                      500 and 10,000 employees, with such direct loans 
                      being subject to an annualized interest rate that 
                      is not higher than 2 percent per 
                      annum. <<NOTE: Time period.>>  For the first 6 
                      months after any such direct loan is made, or for 
                      such longer period as the Secretary may determine 
                      in his discretion, no principal or interest shall 
                      be due and payable. <<NOTE: Certification.>>  Any 
                      eligible borrower applying for a direct loan under 
                      this program shall make a good-faith certification 
                      that--
                                    (I) the uncertainty of economic 
                                conditions as of the date of the 
                                application makes necessary the loan 
                                request to support the ongoing 
                                operations of the recipient;
                                    (II) <<NOTE: Termination date.>>  
                                the funds it receives will be used to 
                                retain at least 90 percent of the 
                                recipient's workforce, at full 
                                compensation and benefits, until 
                                September 30, 2020;
                                    (III) <<NOTE: Deadline.>>  the 
                                recipient intends to restore not less 
                                than 90 percent of the workforce of the 
                                recipient that existed as of February 1, 
                                2020, and to restore all compensation 
                                and benefits to the workers of the 
                                recipient no later than 4 months after 
                                the termination date of the public 
                                health emergency declared by the 
                                Secretary of Health and Human Services 
                                on January 31, 2020, under section 319 
                                of the Public Health Services Act (42 
                                U.S.C. 247d) in response to COVID-19;
                                    (IV) the recipient is an entity or 
                                business that is domiciled in the United 
                                States with significant operations and 
                                employees located in the United States;
                                    (V) the recipient is not a debtor in 
                                a bankruptcy proceeding;
                                    (VI) the recipient is created or 
                                organized in the United States or under 
                                the laws of the United States and has 
                                significant operations in and a majority 
                                of its employees based in the United 
                                States;

[[Page 134 STAT. 474]]

                                    (VII) the recipient will not pay 
                                dividends with respect to the common 
                                stock of the eligible business, or 
                                repurchase an equity security that is 
                                listed on a national securities exchange 
                                of the recipient or any parent company 
                                of the recipient while the direct loan 
                                is outstanding, except to the extent 
                                required under a contractual obligation 
                                that is in effect as of the date of 
                                enactment of this Act;
                                    (VIII) <<NOTE: Time period.>>  the 
                                recipient will not outsource or offshore 
                                jobs for the term of the loan and 2 
                                years after completing repayment of the 
                                loan;
                                    (IX) <<NOTE: Time period.>>  the 
                                recipient will not abrogate existing 
                                collective bargaining agreements for the 
                                term of the loan and 2 years after 
                                completing repayment of the loan; and
                                    (X) that the recipient will remain 
                                neutral in any union organizing effort 
                                for the term of the loan.
                          (ii) Main street lending program.--Nothing in 
                      this subparagraph shall limit the discretion of 
                      the Board of Governors of the Federal Reserve 
                      System to establish a Main Street Lending Program 
                      or other similar program or facility that supports 
                      lending to small and mid-sized businesses on such 
                      terms and conditions as the Board may set 
                      consistent with section 13(3) of the Federal 
                      Reserve Act (12 U.S.C. 343(3)), including any such 
                      program in which the Secretary makes a loan, loan 
                      guarantee, or other investment under subsection 
                      (b)(4).
                    (E) Government participants.--The Secretary shall 
                endeavor to seek the implementation of a program or 
                facility in accordance with subsection (b)(4) that 
                provides liquidity to the financial system that supports 
                lending to States and municipalities.

    (d) Financial Protection of Government.--
            (1) Warrant or senior debt instrument.--The Secretary may 
        not issue a loan to, or a loan guarantee for, an eligible 
        business under paragraph (1), (2), or (3) of subsection (b) 
        unless--
                    (A)(i) the eligible business has issued securities 
                that are traded on a national securities exchange; and
                    (ii) the Secretary receives a warrant or equity 
                interest in the eligible business; or
                    (B) in the case of any eligible business other than 
                an eligible business described in subparagraph (A), the 
                Secretary receives, in the discretion of the Secretary--
                          (i) a warrant or equity interest in the 
                      eligible business; or
                          (ii) a senior debt instrument issued by the 
                      eligible business.
            (2) Terms and conditions.--The terms and conditions of any 
        warrant, equity interest, or senior debt instrument received 
        under paragraph (1) shall be set by the Secretary and shall meet 
        the following requirements:
                    (A) Purposes.--Such terms and conditions shall be 
                designed to provide for a reasonable participation by 
                the

[[Page 134 STAT. 475]]

                Secretary, for the benefit of taxpayers, in equity 
                appreciation in the case of a warrant or other equity 
                interest, or a reasonable interest rate premium, in the 
                case of a debt instrument.
                    (B) Authority to sell, exercise, or surrender.--For 
                the primary benefit of taxpayers, the Secretary may 
                sell, exercise, or surrender a warrant or any senior 
                debt instrument received under this subsection. The 
                Secretary shall not exercise voting power with respect 
                to any shares of common stock acquired under this 
                section.
                    (C) <<NOTE: Determination.>>  Sufficiency.--If the 
                Secretary determines that the eligible business cannot 
                feasibly issue warrants or other equity interests as 
                required by this subsection, the Secretary may accept a 
                senior debt instrument in an amount and on such terms as 
                the Secretary deems appropriate.
            (3) Prohibition on loan forgiveness.--The principal amount 
        of any obligation issued by an eligible business, State, or 
        municipality under a program described in subsection (b) shall 
        not be reduced through loan forgiveness.

    (e) Deposit of Proceeds.--Amounts collected under subsection (b) 
shall be deposited in the following order of priority:
            (1) Into the financing accounts established under section 
        505 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661d) to 
        implement this subtitle, up to an amount equal to the sum of--
                    (A) the amount transferred from the appropriation 
                made under section 4027 to the financing accounts; and
                    (B) the amount necessary to repay any amount lent 
                from the Treasury to such financing accounts.
            (2) After the deposits specified in paragraph (1) of this 
        subsection have been made, into the Federal Old-Age and 
        Survivors Insurance Trust Fund established under section 201(a) 
        of the Social Security Act (42 U.S.C. 401).

    (f) Administrative Provisions.--Notwithstanding any other provision 
of law, the Secretary may use not greater than $100,000,000 of the funds 
made available under section 4027 to pay costs and administrative 
expenses associated with the loans, loan guarantees, and other 
investments authorized under this section. The Secretary is authorized 
to take such actions as the Secretary deems necessary to carry out the 
authorities in this subtitle, including, without limitation--
            (1) using direct hiring authority to hire employees to 
        administer this subtitle;
            (2) <<NOTE: Contracts.>>  entering into contracts, including 
        contracts for services authorized by this subtitle;
            (3) establishing vehicles that are authorized, subject to 
        supervision by the Secretary, to purchase, hold, and sell assets 
        and issue obligations; and
            (4) <<NOTE: Regulations. Guidance.>>  issuing such 
        regulations and other guidance as may be necessary or 
        appropriate to carry out the authorities or purposes of this 
        subtitle.

    (g) Financial Agents.--The Secretary is authorized to designate 
financial institutions, including but not limited to, depositories, 
brokers, dealers, and other institutions, as financial agents of the 
United States. Such institutions shall--
            (1) perform all reasonable duties the Secretary determines 
        necessary to respond to the coronavirus; and

[[Page 134 STAT. 476]]

            (2) <<NOTE: Reimbursement.>>  be paid for such duties using 
        appropriations available to the Secretary to reimburse financial 
        institutions in their capacity as financial agents of the United 
        States.

    (h) Loans Made by or Guaranteed by the Department of the Treasury 
Treated as Indebtedness for Tax Purposes.--
            (1) In general.--Any loan made by or guaranteed by the 
        Department of the Treasury under this section shall be treated 
        as indebtedness for purposes of the Internal Revenue Code of 
        1986, shall be treated as issued for its stated principal 
        amount, and stated interest on such loans shall be treated as 
        qualified stated interest.
            (2) Regulations or guidance.--The Secretary of the Treasury 
        (or the Secretary's delegate) shall prescribe such regulations 
        or guidance as may be necessary or appropriate to carry out the 
        purposes of this section, including guidance providing that the 
        acquisition of warrants, stock options, common or preferred 
        stock or other equity under this section does not result in an 
        ownership change for purposes of section 382 of the Internal 
        Revenue Code of 1986.
SEC. 4004. <<NOTE: Time periods. 15 USC 9043.>>  LIMITATION ON 
                          CERTAIN EMPLOYEE COMPENSATION.

    (a) In General.--The Secretary may only enter into an agreement with 
an eligible business to make a loan or loan guarantee under paragraph 
(1), (2) or (3) of section 4003(b) if such agreement provides that, 
during the period beginning on the date on which the agreement is 
executed and ending on the date that is 1 year after the date on which 
the loan or loan guarantee is no longer outstanding--
            (1) no officer or employee of the eligible business whose 
        total compensation exceeded $425,000 in calendar year 2019 
        (other than an employee whose compensation is determined through 
        an existing collective bargaining agreement entered into prior 
        to March 1, 2020)--
                    (A) will receive from the eligible business total 
                compensation which exceeds, during any 12 consecutive 
                months of such period, the total compensation received 
                by the officer or employee from the eligible business in 
                calendar year 2019; or
                    (B) will receive from the eligible business 
                severance pay or other benefits upon termination of 
                employment with the eligible business which exceeds 
                twice the maximum total compensation received by the 
                officer or employee from the eligible business in 
                calendar year 2019; and
            (2) no officer or employee of the eligible business whose 
        total compensation exceeded $3,000,000 in calendar year 2019 may 
        receive during any 12 consecutive months of such period total 
        compensation in excess of the sum of--
                    (A) $3,000,000; and
                    (B) 50 percent of the excess over $3,000,000 of the 
                total compensation received by the officer or employee 
                from the eligible business in calendar year 2019.

    (b) Total Compensation Defined.--In this section, the term ``total 
compensation'' includes salary, bonuses, awards of stock, and other 
financial benefits provided by an eligible business to an officer or 
employee of the eligible business.

[[Page 134 STAT. 477]]

SEC. 4005. <<NOTE: Requirement. 15 USC 9044.>>  CONTINUATION OF 
                          CERTAIN AIR SERVICE.

    The Secretary of Transportation is authorized to require, to the 
extent reasonable and practicable, an air carrier receiving loans and 
loan guarantees under section 4003 to maintain scheduled air 
transportation service as the Secretary of Transportation deems 
necessary to ensure services to any point served by that carrier before 
March 1, 2020. When considering whether to exercise the authority 
granted by this section, the Secretary of Transportation shall take into 
consideration the air transportation needs of small and remote 
communities and the need to maintain well-functioning health care and 
pharmaceutical supply chains, including for medical devices and 
supplies. <<NOTE: Termination date.>>  The authority under this section, 
including any requirement issued by the Secretary under this section, 
shall terminate on March 1, 2022.
SEC. 4006. <<NOTE: 15 USC 9045.>>  COORDINATION WITH SECRETARY OF 
                          TRANSPORTATION.

    In implementing this subtitle with respect to air carriers, the 
Secretary shall coordinate with the Secretary of Transportation.
SEC. 4007. <<NOTE: Time period. 15 USC 9046.>>  SUSPENSION OF 
                          CERTAIN AVIATION EXCISE TAXES.

    (a) Transportation by Air.--In the case of any amount paid for 
transportation by air (including any amount treated as paid for 
transportation by air by reason of section 4261(e)(3) of the Internal 
Revenue Code of 1986) during the excise tax holiday period, no tax shall 
be imposed under section 4261 or 4271 of such Code. The preceding 
sentence shall not apply to amounts paid on or before the date of the 
enactment of this Act.
    (b) Use of Kerosene in Commercial Aviation.--In the case of kerosene 
used in commercial aviation (as defined in section 4083 of the Internal 
Revenue Code of 1986) during the excise tax holiday period--
            (1) no tax shall be imposed on such kerosene under--
                    (A) section 4041(c) of the Internal Revenue Code of 
                1986, or
                    (B) section 4081 of such Code (other than at the 
                rate provided in subsection (a)(2)(B) thereof), and
            (2) <<NOTE: Applicability.>>  section 6427(l) of such Code 
        shall be applied--
                    (A) by treating such use as a nontaxable use, and
                    (B) without regard to paragraph (4)(A)(ii) thereof.

    (c) <<NOTE: Definition.>>  Excise Tax Holiday Period.--For purposes 
of this section, the term ``excise tax holiday period'' means the period 
beginning after the date of the enactment of this section and ending 
before January 1, 2021.
SEC. 4008. DEBT GUARANTEE AUTHORITY.

    (a) Section 1105 of the Dodd-Frank Wall Street Reform and Consumer 
Protection Act (12 U.S.C. 5612) is amended--
            (1) in subsection (f)--
                    (A) by inserting ``in noninterest-bearing 
                transaction accounts'' after ``institutions''; and
                    (B) by striking ``shall not'' and inserting ``may''; 
                and
            (2) by adding at the end the following:

    ``(h) Approval of Guarantee Program During the COVID-19 Crisis.--
            ``(1) <<NOTE: Deadline.>>  In general.--For purposes of the 
        congressional joint resolution of approval provided for in 
        subsections (c)(1) and (2) and (d), notwithstanding any other 
        provision of this section, the Federal Deposit Insurance 
        Corporation is approved upon

[[Page 134 STAT. 478]]

        enactment of this Act to establish a program provided for in 
        subsection (a), provided that any such program and any such 
        guarantee shall terminate not later than December 31, 2020.
            ``(2) Maximum amount.--Any debt guarantee program authorized 
        by this subsection shall include a maximum amount of outstanding 
        debt that is guaranteed.''.

    (b) <<NOTE: 15 USC 9047.>>  Federal Credit Union Transaction Account 
Guarantees.--Notwithstanding any <<NOTE: Coordination. Deadline.>>  
other provision of law and in coordination with the Federal Deposit 
Insurance Corporation, the National Credit Union Administration Board 
may by a vote of the Board increase to unlimited, or such lower amount 
as the Board approves, the share insurance coverage provided by the 
National Credit Union Share Insurance Fund on any noninterest-bearing 
transaction account in any federally insured credit union without 
exception, provided that any such increase shall terminate not later 
than December 31, 2020.
SEC. 4009. <<NOTE: Determination. Time period. 15 USC 9048.>>  
                          TEMPORARY GOVERNMENT IN THE SUNSHINE ACT 
                          RELIEF.

    (a) In General.--Except as provided in subsection (b), 
notwithstanding any other provision of law, if the Chairman of the Board 
of Governors of the Federal Reserve System determines, in writing, that 
unusual and exigent circumstances exist, the Board may conduct meetings 
without regard to the requirements of section 552b of title 5, United 
States Code, during the period beginning on the date of enactment of 
this Act and ending on the earlier of--
            (1) the date on which the national emergency concerning the 
        novel coronavirus disease (COVID-19) outbreak declared by the 
        President on March 13, 2020 under the National Emergencies Act 
        (50 U.S.C. 1601 et seq.) terminates; or
            (2) December 31, 2020.

    (b) Records.--The Board of Governors of the Federal Reserve System 
shall keep a record of all Board votes and the reasons for such votes 
during the period described in subsection (a).
SEC. 4010. <<NOTE: Time period. 15 USC 9049.>>  TEMPORARY HIRING 
                          FLEXIBILITY.

    (a) Definition.--In this section, the term ``covered period'' means 
the period beginning on the date of enactment of this Act and ending on 
the sooner of--
            (1) the termination date of the national emergency 
        concerning the novel coronavirus disease (COVID-19) outbreak 
        declared by the President on March 13, 2020 under the National 
        Emergencies Act (50 U.S.C. 1601 et seq.); or
            (2) December 31, 2020.

    (b) <<NOTE: Determination.>>  Authority.-- During the covered 
period, the Secretary of Housing and Urban Development, the Securities 
and Exchange Commission, and the Commodity Futures Trading Commission 
may, without regard to sections 3309 through 3318 of title 5, United 
States Code, recruit and appoint candidates to fill temporary and term 
appointments within their respective agencies upon a determination that 
those expedited procedures are necessary and appropriate to enable the 
respective agencies to prevent, prepare for, or respond to COVID-19.
SEC. 4011. TEMPORARY LENDING LIMIT WAIVER.

    (a) In General.--Section 5200 of the Revised Statutes of the United 
States (12 U.S.C. 84) is amended--
            (1) in subsection (c)(7)--

[[Page 134 STAT. 479]]

                    (A) by inserting ``any nonbank financial company (as 
                that term is defined in section 102 of the Financial 
                Stability Act of 2010 (12 U.S.C. 5311)),'' after ``Loans 
                or extensions of credit to''; and
                    (B) by striking ``financial institution or to'' and 
                inserting ``financial institution, or to''; and
            (2) in subsection (d), by adding at the end of paragraph (1) 
        the following: ``The Comptroller of the Currency may, by order, 
        exempt any transaction or series of transactions from the 
        requirements of this section upon a finding by the Comptroller 
        that such exemption is in the public interest and consistent 
        with the purposes of this section.''.

    (b) <<NOTE: 12 USC 84 note.>>  Effective Period.--This section, and 
the amendments made by this section, shall be effective during the 
period beginning on the date of enactment of this Act and ending on the 
sooner of--
            (1) the termination date of the national emergency 
        concerning the novel coronavirus disease (COVID-19) outbreak 
        declared by the President on March 13, 2020 under the National 
        Emergencies Act (50 U.S.C. 1601 et seq.); or
            (2) December 31, 2020.
SEC. 4012. <<NOTE: 15 USC 9050.>>  TEMPORARY RELIEF FOR COMMUNITY 
                          BANKS.

    (a) Definitions.--In this section--
            (1) the term ``appropriate Federal banking agency'' has the 
        meaning given the term in section 2 of the Economic Growth, 
        Regulatory Relief, and Consumer Protection Act (12 U.S.C. 5365 
        note); and
            (2) the terms ``Community Bank Leverage Ratio'' and 
        ``qualifying community bank'' have the meanings given the terms 
        in section 201(a) of the Economic Growth, Regulatory Relief, and 
        Consumer Protection Act (12 U.S.C. 5371 note).

    (b) Interim Rule.--
            (1) In general.--Notwithstanding any other provision of law 
        or regulation, the appropriate Federal banking agencies shall 
        issue an interim final rule that provides that, for the purposes 
        of section 201 of the Economic Growth, Regulatory Relief, and 
        Consumer Protection Act (12 U.S.C. 5371 note)--
                    (A) the Community Bank Leverage Ratio shall be 8 
                percent; and
                    (B) a qualifying community bank that falls below the 
                Community Bank Leverage Ratio established under 
                subparagraph (A) shall have a reasonable grace period to 
                satisfy the Community Bank Leverage Ratio.
            (2) Effective period.--The interim rule issued under 
        paragraph (1) shall be effective during the period beginning on 
        the date on which the appropriate Federal banking agencies issue 
        the rule and ending on the sooner of--
                    (A) the termination date of the national emergency 
                concerning the novel coronavirus disease (COVID-19) 
                outbreak declared by the President on March 13, 2020 
                under the National Emergencies Act (50 U.S.C. 1601 et 
                seq.); or
                    (B) December 31, 2020.

    (c) Grace Period.--During a grace period described in subsection 
(b)(1)(B), a qualifying community bank to which the grace period applies 
may continue to be treated as a qualifying community

[[Page 134 STAT. 480]]

bank and shall be presumed to satisfy the capital and leverage 
requirements described in section 201(c) of the Economic Growth, 
Regulatory Relief, and Consumer Protection Act (12 U.S.C. 5371 note).
SEC. 4013. <<NOTE: Time period. 15 USC 9051.>>  TEMPORARY RELIEF 
                          FROM TROUBLED DEBT RESTRUCTURINGS.

    (a) Definitions.--In this section:
            (1) Applicable period.--The term ``applicable period'' means 
        the period beginning on March 1, 2020 and ending on the earlier 
        of December 31, 2020, or the date that is 60 days after the date 
        on which the national emergency concerning the novel coronavirus 
        disease (COVID-19) outbreak declared by the President on March 
        13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et 
        seq.) terminates.
            (2) Appropriate federal banking agency.--The term 
        ``appropriate Federal banking agency''--
                    (A) has the meaning given the term in section 3 of 
                the Federal Deposit Insurance Act (12 U.S.C. 1813); and
                    (B) includes the National Credit Union 
                Administration.

    (b) Suspension.--
            (1) In general.--During the applicable period, a financial 
        institution may elect to--
                    (A) suspend the requirements under United States 
                generally accepted accounting principles for loan 
                modifications related to the coronavirus disease 2019 
                (COVID-19) pandemic that would otherwise be categorized 
                as a troubled debt restructuring; and
                    (B) suspend any determination of a loan modified as 
                a result of the effects of the coronavirus disease 2019 
                (COVID-19) pandemic as being a troubled debt 
                restructuring, including impairment for accounting 
                purposes.
            (2) Applicability.--Any suspension under paragraph (1)--
                    (A) <<NOTE: Effective date.>>  shall be applicable 
                for the term of the loan modification, but solely with 
                respect to any modification, including a forbearance 
                arrangement, an interest rate modification, a repayment 
                plan, and any other similar arrangement that defers or 
                delays the payment of principal or interest, that occurs 
                during the applicable period for a loan that was not 
                more than 30 days past due as of December 31, 2019; and
                    (B) shall not apply to any adverse impact on the 
                credit of a borrower that is not related to the 
                coronavirus disease 2019 (COVID-19) pandemic.

    (c) Deference.--The appropriate Federal banking agency of the 
financial institution shall defer to the determination of the financial 
institution to make a suspension under this section.
    (d) <<NOTE: Applicability.>>  Records.--For modified loans for which 
suspensions under subsection (a) apply--
            (1) financial institutions should continue to maintain 
        records of the volume of loans involved; and
            (2) the appropriate Federal banking agencies may collect 
        data about such loans for supervisory purposes.
SEC. 4014. <<NOTE: 15 USC 9052.>>  OPTIONAL TEMPORARY RELIEF FROM 
                          CURRENT EXPECTED CREDIT LOSSES.

    (a) Definitions.--In this section:

[[Page 134 STAT. 481]]

            (1) Appropriate federal banking agency.--The term 
        ``appropriate Federal banking agency''--
                    (A) has the meaning given the term in section 3 of 
                the Federal Deposit Insurance Act (12 U.S.C. 1813); and
                    (B) includes the National Credit Union 
                Administration.
            (2) Insured depository institution.--The term ``insured 
        depository institution''--
                    (A) has the meaning given the term in section 3 of 
                the Federal Deposit Insurance Act (12 U.S.C. 1813); and
                    (B) includes a credit union.

    (b) <<NOTE: Time period.>>  Temporary Relief From CECL Standards.--
Notwithstanding any other provision of law, no insured depository 
institution, bank holding company, or any affiliate thereof shall be 
required to comply with the Financial Accounting Standards Board 
Accounting Standards Update No. 2016-13 (``Measurement of Credit Losses 
on Financial Instruments''), including the current expected credit 
losses methodology for estimating allowances for credit losses, during 
the period beginning on the date of enactment of this Act and ending on 
the earlier of--
            (1) the date on which the national emergency concerning the 
        novel coronavirus disease (COVID-19) outbreak declared by the 
        President on March 13, 2020 under the National Emergencies Act 
        (50 U.S.C. 1601 et seq.) terminates; or
            (2) December 31, 2020.
SEC. 4015. <<NOTE: 12 USC 5236 note.>>  NON-APPLICABILITY OF 
                          RESTRICTIONS ON ESF DURING NATIONAL 
                          EMERGENCY.

    (a) <<NOTE: Time period.>>  In General.--Section 131 of the 
Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5236) shall not 
apply during the period beginning on the date of enactment of this Act 
and ending on December 31, 2020. Any guarantee established as a result 
of the application of subsection (a) shall--
            (1) be limited to a guarantee of the total value of a 
        shareholder's account in a participating fund as of the close of 
        business on the day before the announcement of the guarantee; 
        and
            (2) <<NOTE: Termination date. Reimbursement.>>  terminate 
        not later than December 31, 2020.

    (b) Direct Appropriation.--Upon the expiration of the period 
described in subsection (a), there is appropriated, out of amounts in 
the Treasury not otherwise appropriated, such sums as may be necessary 
to reimburse the fund established under section 5302(a)(1) of title 31, 
United States Code, for any funds that are used for the Treasury Money 
Market Funds Guaranty Program for the United States money market mutual 
fund industry to the extent a claim payment made exceeds the balance of 
fees collected by the fund.
SEC. 4016. TEMPORARY CREDIT UNION PROVISIONS.

    (a) In General.--
            (1) Definitions.--Section 302(1) of the Federal Credit Union 
        Act (12 U.S.C. 1795a(1)) is amended, in the matter preceding 
        subparagraph (A), by striking ``primarily serving natural 
        persons''.
            (2) Membership.--Section 304(b)(2) of the Federal Credit 
        Union Act (12 U.S.C. 1795c(b)(2)) is amended by striking ``all 
        those credit unions'' and inserting ``such credit unions as the 
        Board may in its discretion determine''.

[[Page 134 STAT. 482]]

            (3) Extensions of credit.--Section 306(a)(1) of the Federal 
        Credit Union Act (12 U.S.C. 1795e(a)(1)) is amended, in the 
        second sentence, by striking ``the intent of which is to expand 
        credit union portfolios'' and inserting ``without first having 
        obtained evidence from the applicant that the applicant has made 
        reasonable efforts to first use primary sources of liquidity of 
        the applicant, including balance sheet and market funding 
        sources, to address the liquidity needs of the applicant''.
            (4) <<NOTE: Time period.>>  Powers of the board.--Section 
        307(a)(4)(A) of the Federal Credit Union Act (12 U.S.C. 
        1795f(a)(4)(A)) is amended by inserting ``, provided that, the 
        total face value of such obligations shall not exceed 16 times 
        the subscribed capital stock and surplus of the Facility for the 
        period beginning on the date of enactment of the Coronavirus 
        Economic Stabilization Act of 2020 and ending on December 31, 
        2020'' after ``Facility''.

    (b) Sunset.--
            (1) In general.--
                    (A) Definitions.--Section 302(1) of the Federal 
                Credit Union Act (12 U.S.C. 1795a(1)) is amended, in the 
                matter preceding subparagraph (A), by inserting 
                ``primarily serving natural persons'' after ``credit 
                unions''.
                    (B) Membership.--Section 304(b)(2) of the Federal 
                Credit Union Act (12 U.S.C. 1795c(b)(2)) is amended by 
                striking ``such credit unions as the Board may in its 
                discretion determine'' and inserting ``all those credit 
                unions''.
                    (C) Extensions of credit.--Section 306(a)(1) of the 
                Federal Credit Union Act (12 U.S.C. 1795e(a)(1)) is 
                amended, in the second sentence, by striking ``without 
                first having obtained evidence from the applicant that 
                the applicant has made reasonable efforts to first use 
                primary sources of liquidity of the applicant, including 
                balance sheet and market funding sources, to address the 
                liquidity needs of the applicant'' and inserting ``the 
                intent of which is to expand credit union portfolios''.
            (2) <<NOTE: 12 USC 1795a note.>>  Effective date.--The 
        amendments made by paragraph (1) shall take effect on December 
        31, 2020.
SEC. 4017. <<NOTE: Time periods. 50 USC 4532 note.>>  INCREASING 
                          ACCESS TO MATERIALS NECESSARY FOR 
                          NATIONAL SECURITY AND PANDEMIC RECOVERY.

    Notwithstanding any other provision of law--
            (1) during the 2-year period beginning on the date of 
        enactment of this Act, the requirements described in sections 
        303(a)(6)(C) and 304(e) of the Defense Production Act of 1950 
        (50 U.S.C. 4533(a)(6)(C), 4534(e)) shall not apply; and
            (2) during the 1-year period beginning on the date of 
        enactment of this Act, the requirements described in sections 
        302(d)(1) and 303 (a)(6)(B) of the Defense Production Act of 
        1950 (50 U.S.C. 4532(d)(1), 4533(a)(6)(B)) shall not apply.
SEC. 4018. <<NOTE: 15 USC 9053.>>  SPECIAL INSPECTOR GENERAL FOR 
                          PANDEMIC RECOVERY.

    (a) <<NOTE: Establishment.>>  Office of Inspector General.--There is 
hereby established within the Department of the Treasury the Office of 
the Special Inspector General for Pandemic Recovery.

    (b) Appointment of Inspector General; Removal.--
            (1) <<NOTE: President.>>  In general.--The head of the 
        Office of the Special Inspector General for Pandemic Recovery 
        shall be the Special Inspector General for Pandemic Recovery 
        (referred to in this section as the ``Special Inspector 
        General''), who shall be

[[Page 134 STAT. 483]]

        appointed by the President, by and with the advice and consent 
        of the Senate.
            (2) Nomination.--The nomination of the Special Inspector 
        General shall be made on the basis of integrity and demonstrated 
        ability in accounting, auditing, financial analysis, law, 
        management analysis, public administration, or investigations. 
        The nomination of an individual as Special Inspector General 
        shall be made as soon as practicable after any loan, loan 
        guarantee, or other investment is made under section 4003.
            (3) Removal.--The Special Inspector General shall be 
        removable from office in accordance with the provisions of 
        section 3(b) of the Inspector General Act of 1978 (5 U.S.C. 
        App.).
            (4) Political activity.--For purposes of section 7324 of 
        title 5, United States Code, the Special Inspector General shall 
        not be considered an employee who determines policies to be 
        pursued by the United States in the nationwide administration of 
        Federal law.
            (5) Basic pay.--The annual rate of basic pay of the Special 
        Inspector General shall be the annual rate of basic pay for an 
        Inspector General under section 3(e) of the Inspector General 
        Act of 1978 (5 U.S.C. App.).

    (c) Duties.--
            (1) <<NOTE: Audits. Summary.>>  In general.--It shall be the 
        duty of the Special Inspector General to, in accordance with 
        section 4(b)(1) of the Inspector General Act of 1978 (5 U.S.C. 
        App.), conduct, supervise, and coordinate audits and 
        investigations of the making, purchase, management, and sale of 
        loans, loan guarantees, and other investments made by the 
        Secretary of the Treasury under any program established by the 
        Secretary under this Act, and the management by the Secretary of 
        any program established under this Act, including by collecting 
        and summarizing the following information:
                    (A) A description of the categories of the loans, 
                loan guarantees, and other investments made by the 
                Secretary.
                    (B) <<NOTE: List.>>  A listing of the eligible 
                businesses receiving loan, loan guarantees, and other 
                investments made under each category described in 
                subparagraph (A).
                    (C) An explanation of the reasons the Secretary 
                determined it to be appropriate to make each loan or 
                loan guarantee under this Act, including a justification 
                of the price paid for, and other financial terms 
                associated with, the applicable transaction.
                    (D) <<NOTE: List.>>  A listing of, and detailed 
                biographical information with respect to, each person 
                hired to manage or service each loan, loan guarantee, or 
                other investment made under section 4003.
                    (E) <<NOTE: Estimate.>>  A current, as of the date 
                on which the information is collected, estimate of the 
                total amount of each loan, loan guarantee, and other 
                investment made under this Act that is outstanding, the 
                amount of interest and fees accrued and received with 
                respect to each loan or loan guarantee, the total amount 
                of matured loans, the type and amount of collateral, if 
                any, and any losses or gains, if any, recorded or 
                accrued for each loan, loan guarantee, or other 
                investment.

[[Page 134 STAT. 484]]

            (2) <<NOTE: Procedures.>>  Maintenance of systems.--The 
        Special Inspector General shall establish, maintain, and oversee 
        such systems, procedures, and controls as the Special Inspector 
        General considers appropriate to discharge the duties of the 
        Special Inspector General under paragraph (1).
            (3) Additional duties and responsibilities.--In addition to 
        the duties described in paragraphs (1) and (2), the Special 
        Inspector General shall also have the duties and 
        responsibilities of inspectors general under the Inspector 
        General Act of 1978 (5 U.S.C. App.).

    (d) Powers and Authorities.--
            (1) In general.--In carrying out the duties of the Special 
        Inspector General under subsection (c), the Special Inspector 
        General shall have the authorities provided in section 6 of the 
        Inspector General Act of 1978 (5 U.S.C. App.).
            (2) Treatment of office.--The Office of the Special 
        Inspector General for Pandemic Recovery shall be considered to 
        be an office described in section 6(f)(3) of the Inspector 
        General Act of 1978 (5 U.S.C. App.) and shall be exempt from an 
        initial determination by the Attorney General under section 
        6(f)(2) of that Act.

    (e) Personnel, Facilities, and Other Resources.--
            (1) Appointment of officers and employees.--The Special 
        Inspector General may select, appoint, and employ such officers 
        and employees as may be necessary for carrying out the duties of 
        the Special Inspector General, subject to the provisions of 
        title 5, United States Code, governing appointments in the 
        competitive service, and the provisions of chapter 51 and 
        subchapter III of chapter 53 of that title, relating to 
        classification and General Schedule pay rates.
            (2) Experts and consultants.--The Special Inspector General 
        may obtain services as authorized under section 3109 of title 5, 
        United States Code, at daily rates not to exceed the equivalent 
        rate prescribed for grade GS-15 of the General Schedule by 
        section 5332 of that title.
            (3) Contracts.--The Special Inspector General may enter into 
        contracts and other arrangements for audits, studies, analyses, 
        and other services with public agencies and with private 
        persons, and make such payments as may be necessary to carry out 
        the duties of the Inspector General.
            (4) Requests for information.--
                    (A) In general.--Upon request of the Special 
                Inspector General for information or assistance from any 
                department, agency, or other entity of the Federal 
                Government, the head of that department, agency, or 
                entity shall, to the extent practicable and not in 
                contravention of any existing law, furnish that 
                information or assistance to the Special Inspector 
                General, or an authorized designee.
                    (B) <<NOTE: Reports.>>  Refusal to provide requested 
                information.--Whenever information or assistance 
                requested by the Special Inspector General is, in the 
                judgment of the Special Inspector General, unreasonably 
                refused or not provided, the Special Inspector General 
                shall report the circumstances to the appropriate 
                committees of Congress without delay.

    (f) Reports.--
            (1) Quarterly reports.--

[[Page 134 STAT. 485]]

                    (A) <<NOTE: Summary. Time period.>>  In general.--
                Not later than 60 days after the date on which the 
                Special Inspector General is confirmed, and once every 
                calendar quarter thereafter, the Special Inspector 
                General shall submit to the appropriate committees of 
                Congress a report summarizing the activities of the 
                Special Inspector General during the 3-month period 
                ending on the date on which the Special Inspector 
                General submits the report.
                    (B) Contents.--Each report submitted under 
                subparagraph (A) shall include, for the period covered 
                by the report, a detailed statement of all loans, loan 
                guarantees, other transactions, obligations, 
                expenditures, and revenues associated with any program 
                established by the Secretary under section 4003, as well 
                as the information collected under subsection (c)(1).
            (2) Rule of construction.--Nothing in this subsection may be 
        construed to authorize the public disclosure of information that 
        is--
                    (A) specifically prohibited from disclosure by any 
                other provision of law;
                    (B) specifically required by Executive order to be 
                protected from disclosure in the interest of national 
                defense or national security or in the conduct of 
                foreign affairs; or
                    (C) a part of an ongoing criminal investigation.

    (g) Funding.--
            (1) In general.--Of the amounts made available to the 
        Secretary under section 4027, $25,000,000 shall be made 
        available to the Special Inspector General to carry out this 
        section.
            (2) Availability.--The amounts made available to the Special 
        Inspector General under paragraph (1) shall remain available 
        until expended.

    (h) Termination.--The Office of the Special Inspector General shall 
terminate on the date 5 years after the enactment of this Act.
    (i) Council of the Inspectors General on Integrity and Efficiency.--
The Special Inspector General shall be a member of the Council of the 
Inspectors General on Integrity and Efficiency established under section 
11 of the Inspector General Act of 1978 (5 U.S.C. App.) until the date 
of termination of the Office of the Special Inspector General.
    (j) Corrective Responses to Audit Problems.--The Secretary shall--
            (1) take action to address deficiencies identified by a 
        report or investigation of the Special Inspector General; or
            (2) <<NOTE: Certification.>>  with respect to a deficiency 
        identified under paragraph (1), certify to the Committee on 
        Banking, Housing, and Urban Affairs of the Senate, the Committee 
        on Finance of the Senate, the Committee on Financial Services of 
        the House of Representatives, and the Committee on Ways and 
        Means of the House of Representatives that no action is 
        necessary or appropriate.
SEC. 4019. <<NOTE: 15 USC 9054.>>  CONFLICTS OF INTEREST.

    (a) Definitions.--In this section:
            (1) Controlling interest.--The term ``controlling interest'' 
        means owning, controlling, or holding not less than

[[Page 134 STAT. 486]]

        20 percent, by vote or value, of the outstanding amount of any 
        class of equity interest in an entity.
            (2) Covered entity.--The term ``covered entity'' means an 
        entity in which a covered individual directly or indirectly 
        holds a controlling interest. For the purpose of determining 
        whether an entity is a covered entity, the securities owned, 
        controlled, or held by 2 or more individuals who are related as 
        described in paragraph (3)(B) shall be aggregated.
            (3) Covered individual.--The term ``covered individual'' 
        means--
                    (A) the President, the Vice President, the head of 
                an Executive department, or a Member of Congress; and
                    (B) the spouse, child, son-in-law, or daughter-in-
                law, as determined under applicable common law, of an 
                individual described in subparagraph (A).
            (4) Executive department.--The term ``Executive department'' 
        has the meaning given the term in section 101 of title 5, United 
        States Code.
            (5) Member of congress.--The term ``member of Congress'' 
        means a member of the Senate or House of Representatives, a 
        Delegate to the House of Representatives, and the Resident 
        Commissioner from Puerto Rico.
            (6) Equity interest.--The term ``equity interest'' means--
                    (A) a share in an entity, without regard to whether 
                the share is--
                          (i) transferable; or
                          (ii) classified as stock or anything similar;
                    (B) a capital or profit interest in a limited 
                liability company or partnership; or
                    (C) a warrant or right, other than a right to 
                convert, to purchase, sell, or subscribe to a share or 
                interest described in subparagraph (A) or (B), 
                respectively.

    (b) Prohibition.--Notwithstanding any other provision of this 
subtitle, no covered entity may be eligible for any transaction 
described in section 4003.
    (c) <<NOTE: Certification.>>  Requirement.--The principal executive 
officer and the principal financial officer, or individuals performing 
similar functions, of an entity seeking to enter a transaction under 
section 4003 shall, before that transaction is approved, certify to the 
Secretary and the Board of Governors of the Federal Reserve System that 
the entity is eligible to engage in that transaction, including that the 
entity is not a covered entity.
SEC. 4020. <<NOTE: 15 USC 9055.>>  CONGRESSIONAL OVERSIGHT 
                          COMMISSION.

    (a) Establishment.--There is hereby established the Congressional 
Oversight Commission (hereafter in this section referred to as the 
``Oversight Commission'') as an establishment in the legislative branch.
    (b) Duties.--
            (1) In general.--The Oversight Commission shall--
                    (A) conduct oversight of the implementation of this 
                subtitle by the Department of the Treasury and the Board 
                of Governors of the Federal Reserve System, including 
                efforts of the Department and the Board to provide 
                economic stability as a result of the coronavirus 
                disease 2019 (COVID-19) pandemic of 2020;

[[Page 134 STAT. 487]]

                    (B) submit to Congress reports under paragraph (2); 
                and
                    (C) review the implementation of this subtitle by 
                the Federal Government.
            (2) Regular reports.--
                    (A) In general.--Reports of the Oversight Commission 
                shall include the following:
                          (i) The use by the Secretary and the Board of 
                      Governors of the Federal Reserve System of 
                      authority under this subtitle, including with 
                      respect to the use of contracting authority and 
                      administration of the provisions of this subtitle.
                          (ii) The impact of loans, loan guarantees, and 
                      investments made under this subtitle on the 
                      financial well-being of the people of the United 
                      States and the United States economy, financial 
                      markets, and financial institutions.
                          (iii) The extent to which the information made 
                      available on transactions under this subtitle has 
                      contributed to market transparency.
                          (iv) The effectiveness of loans, loan 
                      guarantees, and investments made under this 
                      subtitle of minimizing long-term costs to the 
                      taxpayers and maximizing the benefits for 
                      taxpayers.
                    (B) Timing.--The reports required under this 
                paragraph shall be submitted not later than 30 days 
                after the first exercise by the Secretary and the Board 
                of Governors of the Federal Reserve System of the 
                authority under this subtitle and every 30 days 
                thereafter.

    (c) Membership.--
            (1) <<NOTE: Appointments.>>  In general.--The Oversight 
        Commission shall consist of 5 members as follows:
                    (A) 1 member appointed by the Speaker of the House 
                of Representatives.
                    (B) 1 member appointed by the minority leader of the 
                House of Representatives.
                    (C) 1 member appointed by the majority leader of the 
                Senate.
                    (D) 1 member appointed by the minority leader of the 
                Senate.
                    (E) <<NOTE: Consultation.>>  1 member appointed as 
                Chairperson by the Speaker of the House of 
                Representatives and the majority leader of the Senate, 
                after consultation with the minority leader of the 
                Senate and the minority leader of the House of 
                Representatives
            (2) Pay.--Each member of the Oversight Commission shall be 
        paid at a rate equal to the daily equivalent of the annual rate 
        of basic pay for level I of the Executive Schedule for each day 
        (including travel time) during which such member is engaged in 
        the actual performance of duties vested in the Oversight 
        Commission.
            (3) Prohibition of compensation of federal employees.--
        Members of the Oversight Commission who are full-time officers 
        or employees of the United States may not receive additional 
        pay, allowances, or benefits by reason of their service on the 
        Oversight Commission.

[[Page 134 STAT. 488]]

            (4) Travel expenses.--Each member shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with applicable provisions under subchapter I of 
        chapter 57 of title 5, United States Code.
            (5) Quorum.--Four members of the Oversight Commission shall 
        constitute a quorum but a lesser number may hold hearings.
            (6) Vacancies.--A vacancy on the Oversight Commission shall 
        be filled in the manner in which the original appointment was 
        made.
            (7) Meetings.--The Oversight Commission shall meet at the 
        call of the Chairperson or a majority of its members.

    (d) Staff.--
            (1) In general.--The Oversight Commission may appoint and 
        fix the pay of any personnel as the Oversight Commission 
        considers appropriate.
            (2) Experts and consultants.--The Oversight Commission may 
        procure temporary and intermittent services under section 
        3109(b) of title 5, United States Code.
            (3) Staff of agencies.--Upon request of the Oversight 
        Commission, the head of any Federal department or agency may 
        detail, on a reimbursable basis, any of the personnel of that 
        department or agency to the Oversight Commission to assist it in 
        carrying out its duties under the this subtitle.

    (e) Powers.--
            (1) Hearings and evidence.--The Oversight Commission, or any 
        subcommittee or member thereof, may, for the purpose of carrying 
        out this section hold hearings, sit and act at times and places, 
        take testimony, and receive evidence as the Oversight Commission 
        considers appropriate and may administer oaths or affirmations 
        to witnesses appearing before it.
            (2) Contracting.--The Oversight Commission may, to such 
        extent and in such amounts as are provided in appropriation 
        Acts, enter into contracts to enable the Oversight Commission to 
        discharge its duties under this section.
            (3) Powers of members and agents.--Any member or agent of 
        the Oversight Commission may, if authorized by the Oversight 
        Commission, take any action which the Oversight Commission is 
        authorized to take by this section.
            (4) Obtaining official data.--The Oversight Commission may 
        secure directly from any department or agency of the United 
        States information necessary to enable it to carry out this 
        section. Upon request of the Chairperson of the Oversight 
        Commission, the head of that department or agency shall furnish 
        that information to the Oversight Commission.
            (5) Reports.--The Oversight Commission shall receive and 
        consider all reports required to be submitted to the Oversight 
        Commission under this subtitle.

    (f) Termination.--The Oversight Commission shall terminate on 
September 30, 2025.
    (g) Funding for Expenses.--
            (1) Authorization of appropriations.--There is authorized to 
        be appropriated to the Oversight Commission such sums as may be 
        necessary for any fiscal year, half of which shall be derived 
        from the applicable account of the House of Representatives, and 
        half of which shall be derived from the contingent fund of the 
        Senate.

[[Page 134 STAT. 489]]

            (2) Reimbursement of amounts.--An amount equal to the 
        expenses of the Oversight Commission shall be promptly 
        transferred by the Secretary and the Board of Governors of the 
        Federal Reserve System, from time to time upon the presentment 
        of a statement of such expenses by the Chairperson of the 
        Oversight Commission, from funds made available to the Secretary 
        under this subtitle to the applicable fund of the House of 
        Representatives and the contingent fund of the Senate, as 
        appropriate, as reimbursement for amounts expended from such 
        account and fund under paragraph (1).
SEC. 4021. CREDIT PROTECTION DURING COVID-19.

    Section 623(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681s-
2(a)(1)) is amended by adding at the end the following:
                    ``(F) Reporting information during covid-19 
                pandemic.--
                          ``(i) Definitions.--In this subsection:
                                    ``(I) Accommodation.--The term 
                                `accommodation' includes an agreement to 
                                defer 1 or more payments, make a partial 
                                payment, forbear any delinquent amounts, 
                                modify a loan or contract, or any other 
                                assistance or relief granted to a 
                                consumer who is affected by the 
                                coronavirus disease 2019 (COVID-19) 
                                pandemic during the covered period.
                                    ``(II) Covered period.--The term 
                                `covered period' means the period 
                                beginning on January 31, 2020 and ending 
                                on the later of--
                                            ``(aa) 120 days after the 
                                        date of enactment of this 
                                        subparagraph; or
                                            ``(bb) 120 days after the 
                                        date on which the national 
                                        emergency concerning the novel 
                                        coronavirus disease (COVID-19) 
                                        outbreak declared by the 
                                        President on March 13, 2020 
                                        under the National Emergencies 
                                        Act (50 U.S.C. 1601 et seq.) 
                                        terminates.
                          ``(ii) Reporting.--Except as provided in 
                      clause (iii), if a furnisher makes an 
                      accommodation with respect to 1 or more payments 
                      on a credit obligation or account of a consumer, 
                      and the consumer makes the payments or is not 
                      required to make 1 or more payments pursuant to 
                      the accommodation, the furnisher shall--
                                    ``(I) report the credit obligation 
                                or account as current; or
                                    ``(II) if the credit obligation or 
                                account was delinquent before the 
                                accommodation--
                                            ``(aa) maintain the 
                                        delinquent status during the 
                                        period in which the 
                                        accommodation is in effect; and
                                            ``(bb) if the consumer 
                                        brings the credit obligation or 
                                        account current during the 
                                        period described in item (aa), 
                                        report the credit obligation or 
                                        account as current.
                          ``(iii) Exception.--Clause (ii) shall not 
                      apply with respect to a credit obligation or 
                      account of a consumer that has been charged-
                      off.''.

[[Page 134 STAT. 490]]

SEC. 4022. <<NOTE: Time periods. 15 USC 9056.>>  FORECLOSURE 
                          MORATORIUM AND CONSUMER RIGHT TO REQUEST 
                          FORBEARANCE.

    (a) Definitions.--In this section:
            (1) Covid-19 emergency.--The term ``COVID-19 emergency'' 
        means the national emergency concerning the novel coronavirus 
        disease (COVID-19) outbreak declared by the President on March 
        13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et 
        seq.).
            (2) Federally backed mortgage loan.--The term ``Federally 
        backed mortgage loan'' includes any loan which is secured by a 
        first or subordinate lien on residential real property 
        (including individual units of condominiums and cooperatives) 
        designed principally for the occupancy of from 1- to 4- families 
        that is--
                    (A) insured by the Federal Housing Administration 
                under title II of the National Housing Act (12 U.S.C. 
                1707 et seq.);
                    (B) insured under section 255 of the National 
                Housing Act (12 U.S.C. 1715z-20);
                    (C) guaranteed under section 184 or 184A of the 
                Housing and Community Development Act of 1992 (12 U.S.C. 
                1715z-13a, 1715z-13b);
                    (D) guaranteed or insured by the Department of 
                Veterans Affairs;
                    (E) guaranteed or insured by the Department of 
                Agriculture;
                    (F) made by the Department of Agriculture; or
                    (G) purchased or securitized by the Federal Home 
                Loan Mortgage Corporation or the Federal National 
                Mortgage Association.

    (b) Forbearance.--
            (1) In general.--During the covered period, a borrower with 
        a Federally backed mortgage loan experiencing a financial 
        hardship due, directly or indirectly, to the COVID-19 emergency 
        may request forbearance on the Federally backed mortgage loan, 
        regardless of delinquency status, by--
                    (A) submitting a request to the borrower's servicer; 
                and
                    (B) affirming that the borrower is experiencing a 
                financial hardship during the COVID-19 emergency.
            (2) Duration of forbearance.--Upon a request by a borrower 
        for forbearance under paragraph (1), such forbearance shall be 
        granted for up to 180 days, and shall be extended for an 
        additional period of up to 180 days at the request of the 
        borrower, provided that, at the borrower's request, either the 
        initial or extended period of forbearance may be shortened.
            (3) Accrual of interest or fees.--During a period of 
        forbearance described in this subsection, no fees, penalties, or 
        interest beyond the amounts scheduled or calculated as if the 
        borrower made all contractual payments on time and in full under 
        the terms of the mortgage contract, shall accrue on the 
        borrower's account.

    (c) Requirements for Servicers.--
            (1) In general.--Upon receiving a request for forbearance 
        from a borrower under subsection (b), the servicer shall with no 
        additional documentation required other than the borrower's 
        attestation to a financial hardship caused by the COVID-19

[[Page 134 STAT. 491]]

        emergency and with no fees, penalties, or interest (beyond the 
        amounts scheduled or calculated as if the borrower made all 
        contractual payments on time and in full under the terms of the 
        mortgage contract) charged to the borrower in connection with 
        the forbearance, provide the forbearance for up to 180 days, 
        which may be extended for an additional period of up to 180 days 
        at the request of the borrower, provided that, the borrower's 
        request for an extension is made during the covered period, and, 
        at the borrower's request, either the initial or extended period 
        of forbearance may be shortened.
            (2) Foreclosure moratorium.--Except with respect to a vacant 
        or abandoned property, a servicer of a Federally backed mortgage 
        loan may not initiate any judicial or non-judicial foreclosure 
        process, move for a foreclosure judgment or order of sale, or 
        execute a foreclosure-related eviction or foreclosure sale for 
        not less than the 60-day period beginning on March 18, 2020.
SEC. 4023. <<NOTE: 15 USC 9057.>>  FORBEARANCE OF RESIDENTIAL 
                          MORTGAGE LOAN PAYMENTS FOR MULTIFAMILY 
                          PROPERTIES WITH FEDERALLY BACKED LOANS.

    (a) In General.--During the covered period, a multifamily borrower 
with a Federally backed multifamily mortgage loan experiencing a 
financial hardship due, directly or indirectly, to the COVID-19 
emergency may request a forbearance under the terms set forth in this 
section.
    (b) <<NOTE: Effective date.>>  Request for Relief.--A multifamily 
borrower with a Federally backed multifamily mortgage loan that was 
current on its payments as of February 1, 2020, may submit an oral or 
written request for forbearance under subsection (a) to the borrower's 
servicer affirming that the multifamily borrower is experiencing a 
financial hardship during the COVID-19 emergency.

    (c) Forbearance Period.--
            (1) In general.--Upon receipt of an oral or written request 
        for forbearance from a multifamily borrower, a servicer shall--
                    (A) document the financial hardship;
                    (B) provide the forbearance for up to 30 days; and
                    (C) extend the forbearance for up to 2 additional 30 
                day periods upon the request of the borrower provided 
                that, the borrower's request for an extension is made 
                during the covered period, and, at least 15 days prior 
                to the end of the forbearance period described under 
                subparagraph (B).
            (2) Right to discontinue.--A multifamily borrower shall have 
        the option to discontinue the forbearance at any time.

    (d) Renter Protections During Forbearance Period.--A multifamily 
borrower that receives a forbearance under this section may not, for the 
duration of the forbearance--
            (1) evict or initiate the eviction of a tenant from a 
        dwelling unit located in or on the applicable property solely 
        for nonpayment of rent or other fees or charges; or
            (2) charge any late fees, penalties, or other charges to a 
        tenant described in paragraph (1) for late payment of rent.

    (e) Notice.--A multifamily borrower that receives a forbearance 
under this section--
            (1) <<NOTE: Time period.>>  may not require a tenant to 
        vacate a dwelling unit located in or on the applicable property 
        before the date that

[[Page 134 STAT. 492]]

        is 30 days after the date on which the borrower provides the 
        tenant with a notice to vacate; and
            (2) may not issue a notice to vacate under paragraph (1) 
        until after the expiration of the forbearance.

    (f) Definitions.--In this section:
            (1) Applicable property.--The term ``applicable property'', 
        with respect to a Federally backed multifamily mortgage loan, 
        means the residential multifamily property against which the 
        mortgage loan is secured by a lien.
            (2) Federally backed multifamily mortgage loan.--The term 
        ``Federally backed multifamily mortgage loan'' includes any loan 
        (other than temporary financing such as a construction loan) 
        that--
                    (A) is secured by a first or subordinate lien on 
                residential multifamily real property designed 
                principally for the occupancy of 5 or more families, 
                including any such secured loan, the proceeds of which 
                are used to prepay or pay off an existing loan secured 
                by the same property; and
                    (B) is made in whole or in part, or insured, 
                guaranteed, supplemented, or assisted in any way, by any 
                officer or agency of the Federal Government or under or 
                in connection with a housing or urban development 
                program administered by the Secretary of Housing and 
                Urban Development or a housing or related program 
                administered by any other such officer or agency, or is 
                purchased or securitized by the Federal Home Loan 
                Mortgage Corporation or the Federal National Mortgage 
                Association.
            (3) Multifamily borrower.--the term ``multifamily borrower'' 
        means a borrower of a residential mortgage loan that is secured 
        by a lien against a property comprising 5 or more dwelling 
        units.
            (4) Covid-19 emergency.--The term ``COVID-19 emergency'' 
        means the national emergency concerning the novel coronavirus 
        disease (COVID-19) outbreak declared by the President on March 
        13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et 
        seq.).
            (5) Covered period.--The term ``covered period'' means the 
        period beginning on the date of enactment of this Act and ending 
        on the sooner of--
                    (A) the termination date of the national emergency 
                concerning the novel coronavirus disease (COVID-19) 
                outbreak declared by the President on March 13, 2020 
                under the National Emergencies Act (50 U.S.C. 1601 et 
                seq.); or
                    (B) December 31, 2020.
SEC. 4024. <<NOTE: 15 USC 9058.>>  TEMPORARY MORATORIUM ON 
                          EVICTION FILINGS.

    (a) Definitions.--In this section:
            (1) Covered dwelling.--The term ``covered dwelling'' means a 
        dwelling that--
                    (A) is occupied by a tenant--
                          (i) pursuant to a residential lease; or
                          (ii) without a lease or with a lease 
                      terminable under State law; and
                    (B) is on or in a covered property.
            (2) Covered property.--The term ``covered property'' means 
        any property that--

[[Page 134 STAT. 493]]

                    (A) participates in--
                          (i) a covered housing program (as defined in 
                      section 41411(a) of the Violence Against Women Act 
                      of 1994 (34 U.S.C. 12491(a))); or
                          (ii) the rural housing voucher program under 
                      section 542 of the Housing Act of 1949 (42 U.S.C. 
                      1490r); or
                    (B) has a--
                          (i) Federally backed mortgage loan; or
                          (ii) Federally backed multifamily mortgage 
                      loan.
            (3) Dwelling.--The term ``dwelling''--
                    (A) has the meaning given the term in section 802 of 
                the Fair Housing Act (42 U.S.C. 3602); and
                    (B) includes houses and dwellings described in 
                section 803(b) of such Act (42 U.S.C. 3603(b)).
            (4) Federally backed mortgage loan.--The term ``Federally 
        backed mortgage loan'' includes any loan (other than temporary 
        financing such as a construction loan) that--
                    (A) is secured by a first or subordinate lien on 
                residential real property (including individual units of 
                condominiums and cooperatives) designed principally for 
                the occupancy of from 1 to 4 families, including any 
                such secured loan, the proceeds of which are used to 
                prepay or pay off an existing loan secured by the same 
                property; and
                    (B) is made in whole or in part, or insured, 
                guaranteed, supplemented, or assisted in any way, by any 
                officer or agency of the Federal Government or under or 
                in connection with a housing or urban development 
                program administered by the Secretary of Housing and 
                Urban Development or a housing or related program 
                administered by any other such officer or agency, or is 
                purchased or securitized by the Federal Home Loan 
                Mortgage Corporation or the Federal National Mortgage 
                Association.
            (5) Federally backed multifamily mortgage loan.--The term 
        ``Federally backed multifamily mortgage loan'' includes any loan 
        (other than temporary financing such as a construction loan) 
        that--
                    (A) is secured by a first or subordinate lien on 
                residential multifamily real property designed 
                principally for the occupancy of 5 or more families, 
                including any such secured loan, the proceeds of which 
                are used to prepay or pay off an existing loan secured 
                by the same property; and
                    (B) is made in whole or in part, or insured, 
                guaranteed, supplemented, or assisted in any way, by any 
                officer or agency of the Federal Government or under or 
                in connection with a housing or urban development 
                program administered by the Secretary of Housing and 
                Urban Development or a housing or related program 
                administered by any other such officer or agency, or is 
                purchased or securitized by the Federal Home Loan 
                Mortgage Corporation or the Federal National Mortgage 
                Association.

    (b) <<NOTE: Time period.>>  Moratorium.--During the 120-day period 
beginning on the date of enactment of this Act, the lessor of a covered 
dwelling may not--
            (1) make, or cause to be made, any filing with the court of 
        jurisdiction to initiate a legal action to recover possession

[[Page 134 STAT. 494]]

        of the covered dwelling from the tenant for nonpayment of rent 
        or other fees or charges; or
            (2) charge fees, penalties, or other charges to the tenant 
        related to such nonpayment of rent.

    (c) Notice.--The lessor of a covered dwelling unit--
            (1) <<NOTE: Time period.>>  may not require the tenant to 
        vacate the covered dwelling unit before the date that is 30 days 
        after the date on which the lessor provides the tenant with a 
        notice to vacate; and
            (2) may not issue a notice to vacate under paragraph (1) 
        until after the expiration of the period described in subsection 
        (b).
SEC. 4025. <<NOTE: 15 USC 9059.>>  PROTECTION OF COLLECTIVE 
                          BARGAINING AGREEMENT.

    (a) In General.--Neither the Secretary, nor any other actor, 
department, or agency of the Federal Government, shall condition the 
issuance of a loan or loan guarantee under paragraph (1), (2), or (3) of 
section 4003(b) of this subtitle on an air carrier's or eligible 
business's implementation of measures to enter into negotiations with 
the certified bargaining representative of a craft or class of employees 
of the air carrier or eligible business under the Railway Labor Act (45 
U.S.C. 151 et seq.) or the National Labor Relations Act (29 U.S.C. 151 
et seq.), regarding pay or other terms and conditions of employment.
    (b) Period of Effect.--With respect to an air carrier or eligible 
business to which the loan or loan guarantee is provided under this 
subtitle, this section shall be in effect with respect to the air 
carrier or eligible business beginning on the date on which the air 
carrier or eligible business is first issued such loan or loan guarantee 
and ending on the date that is 1 year after the loan or loan guarantee 
is no longer outstanding.
SEC. 4026. <<NOTE: 15 USC 9060.>>  REPORTS.

    (a) <<NOTE: Web posting.>>  Disclosure of Transactions.--Not later 
than 72 hours after any transaction by the Secretary under paragraph 
(1), (2), or (3) of section 4003(b), the Secretary shall publish on the 
website of the Department of the Treasury--
            (1) a plain-language description of the transaction, 
        including the date of application, date of application approval, 
        and identity of the counterparty;
            (2) the amount of the loan or loan guarantee;
            (3) the interest rate, conditions, and any other material or 
        financial terms associated with the transaction, if applicable; 
        and
            (4) <<NOTE: Records.>>  a copy of the relevant and final 
        term sheet, if applicable, and contract or other relevant 
        documentation regarding the transaction.

    (b) Reports.--
            (1) To congress.--
                    (A) In general.--In addition to such reports as are 
                required under section 5302(c) of title 31, United 
                States Code, not later than 7 days after the Secretary 
                makes any loan or loan guarantee under paragraph (1), 
                (2), or (3) of section 4003(b), the Secretary shall 
                submit to the Chairmen and Ranking Members of the 
                Committee on Banking, Housing, and Urban Affairs and the 
                Committee on Finance of the Senate and the Chairmen and 
                Ranking Members of the Committee on Financial Services 
                and the

[[Page 134 STAT. 495]]

                Committee on Ways and Means of the House of 
                Representatives a report summarizing--
                          (i) an overview of actions taken by the 
                      Secretary under paragraph (1), (2) or (3) of 
                      section 4003(b) during such period;
                          (ii) the actual obligation, expenditure, and 
                      disbursements of the funds during such period; and
                          (iii) a detailed financial statement with 
                      respect to the exercise of authority under 
                      paragraph (1), (2) or (3) of section 4003(b) 
                      showing--
                                    (I) all loans and loan guarantees 
                                made, renewed, or restructured;
                                    (II) all transactions during such 
                                period, including the types of parties 
                                involved;
                                    (III) the nature of the assets 
                                purchased;
                                    (IV) a description of the vehicles 
                                established to exercise such authority; 
                                and
                                    (V) any or all repayment activity, 
                                delinquencies or defaults on loans and 
                                loan guarantees issued under paragraph 
                                (1), (2) or (3) of section 4003(b).
                    (B) <<NOTE: Web posting.>>  Publication.--Not later 
                than 7 days after the date on which the Secretary 
                submits a report under subparagraph (A) to the 
                committees of Congress described in such subparagraph, 
                the Secretary shall publish such report on the website 
                of the Department of the Treasury.
                    (C) <<NOTE: Web posting.>>  30-day reports.--Every 
                30 days during such time as a loan or loan guarantee 
                under paragraph (1), (2), or (3) of section 4003(b) is 
                outstanding, the Secretary shall publish on the website 
                of the Department of the Treasury a report summarizing 
                the information set forth in subparagraph (A).
            (2) Board of governors.--
                    (A) In general.--With respect to any program or 
                facility described in paragraph (4) of section 4003(b), 
                the Board of Governors of the Federal Reserve System 
                shall provide to the Committee on Banking, Housing, and 
                Urban Affairs of the Senate and the Committee on 
                Financial Services of the House of Representatives such 
                reports as are required to be provided under section 
                13(3) of the Federal Reserve Act (12 U.S.C. 343(3))--
                          (i) not later than 7 days after the Board 
                      authorizes a new facility or other financial 
                      assistance in accordance with section 13(3)(C)(i) 
                      of the Federal Reserve Act (12 U.S.C. 
                      343(3)(C)(i)); and
                          (ii) once every 30 days with respect to 
                      outstanding loans or financial assistance in 
                      accordance with section 13(3)(C)(ii) of the 
                      Federal Reserve Act (12 U.S.C. 343(3)(C)(ii)).
                    (B) <<NOTE: Deadline. Web posting.>>  Publication.--
                Not later than 7 days after the Board of Governors of 
                the Federal Reserve System submits a report under 
                subparagraph (A) to the committees of Congress described 
                in subparagraph (A), the Board shall publish on its 
                website such report.

    (c) <<NOTE: Time period.>>  Testimony.--The Secretary and the 
Chairman of the Board of Governors of the Federal Reserve System shall 
testify, on a quarterly basis, before the Committee on Banking, Housing, 
and

[[Page 134 STAT. 496]]

Urban Affairs of the Senate and the Committee on Financial Services of 
the House of Representatives regarding the obligations of the Department 
of the Treasury and the Federal Reserve System, and transactions entered 
into, under this Act.

    (d) <<NOTE: Web posting. Criteria. Guidelines. Requirements.>>  
Program Descriptions.--The Secretary shall post on the website of the 
Department of the Treasury all criteria, guidelines, eligibility 
requirements, and application materials for the making of any loan or 
loan guarantee under paragraph (1), (2), or (3) of section 4003(b).

    (e) <<NOTE: Deadline. Web posting. Records.>>  Administrative 
Contracts.--Not later than 24 hours after the Secretary enters into a 
contract in connection with the administration of any loan or loan 
guarantee authorized to be made under paragraph (1), (2), or (3) of 
section 4003(b), the Secretary shall post on the website of the 
Department of the Treasury a copy of the contract.

    (f) Government Accountability Office.--
            (1) Study.--The Comptroller General of the United States 
        shall conduct a study on the loans, loan guarantees, and other 
        investments provided under section 4003.
            (2) <<NOTE: Time period.>> Report.--Not later than 9 months 
        after the date of enactment of this Act, and annually thereafter 
        through the year succeeding the last year for which loans, loan 
        guarantees, or other investments made under section 4003 are 
        outstanding, the Comptroller General shall submit to the 
        Committee on Financial Services, the Committee on Transportation 
        and Infrastructure, the Committee on Appropriations, and the 
        Committee on the Budget of the House of Representatives and the 
        Committee on Banking, Housing, and Urban Affairs, the Committee 
        on Commerce, Science, and Transportation, the Committee on 
        Appropriations, and the Committee on the Budget of the Senate a 
        report on the loans, loan guarantees, and other investments made 
        under section 4003.
SEC. 4027. <<NOTE: 15 USC 9061.>>  DIRECT APPROPRIATION.

    (a) In General.--Notwithstanding any other provision of law, there 
is appropriated, out of amounts in the Treasury not otherwise 
appropriated, to the fund established under section 5302(a)(1) of title 
31, United States Code, $500,000,000,000 to carry out this subtitle.
    (b) Technical and Conforming Amendment.--Section 5302(a) of title 
31, United States Code, is amended--
            (1) by striking ``and'' before ``section 3''; and
            (2) by inserting ``and the Coronavirus Economic 
        Stabilization Act of 2020,'' before ``and for investing''.

    (c) <<NOTE: Effective dates.>>  Clarification.--
            (1) In general.--On or after January 1, 2021, any remaining 
        funds made available under section 4003(b) may be used only 
        for--
                    (A) modifications, restructurings, or other 
                amendments of loans, loan guarantees, or other 
                investments in accordance with section 4029(b)(1); and
                    (B) exercising any options, warrants, or other 
                investments made prior to January 1, 2021; and
                    (C) paying costs and administrative expenses as 
                provided in section 4003(f).

[[Page 134 STAT. 497]]

            (2) Deficit reduction.--On January 1, 2026, any funds 
        described in paragraph (1) that are remaining shall be 
        transferred to the general fund of the Treasury to be used for 
        deficit reduction.
SEC. 4028. <<NOTE: 15 USC 9062.>>  RULE OF CONSTRUCTION.

    Nothing in this subtitle shall be construed to allow the Secretary 
to provide relief to eligible businesses, States, and municipalities 
except in the form of loans, loan guarantees, and other investments as 
provided in this subtitle and under terms and conditions that are in the 
interest of the Federal Government.
SEC. 4029. <<NOTE: 15 USC 9063.>>  TERMINATION OF AUTHORITY.

    (a) In General.--Except as provided in subsection (b), on December 
31, 2020, the authority provided under this subtitle to make new loans, 
loan guarantees, or other investments shall terminate.
    (b) Outstanding.--
            (1) In general.--Except as provided in paragraph (2), any 
        loan, loan guarantee, or other investment outstanding on the 
        date described in subsection (a)--
                    (A) may be modified, restructured, or otherwise 
                amended; and
                    (B) may not be forgiven.
            (2) Duration.--The duration of any loan or loan guarantee 
        made under section 4003(b)(1) that is modified, restructured, or 
        otherwise amended under paragraph (1) shall not be extended 
        beyond 5 years from the initial origination date of the loan or 
        loan guarantee.

                 Subtitle B--Air Carrier Worker Support

SEC. 4111. <<NOTE: 15 USC 9071.>>  DEFINITIONS.

    Unless <<NOTE: Applicability.>>  otherwise specified, the terms in 
section 40102(a) of title 49, United States Code, shall apply to this 
subtitle, except that--
            (1) the term ``airline catering employee'' means an employee 
        who performs airline catering services;
            (2) the term ``airline catering services'' means 
        preparation, assembly, or both, of food, beverages, provisions 
        and related supplies for delivery, and the delivery of such 
        items, directly to aircraft or to a location on or near airport 
        property for subsequent delivery to aircraft;
            (3) the term ``contractor'' means--
                    (A) a person that performs, under contract with a 
                passenger air carrier conducting operations under part 
                121 of title 14, Code of Federal Regulations--
                          (i) catering functions; or
                          (ii) functions on the property of an airport 
                      that are directly related to the air 
                      transportation of persons, property, or mail, 
                      including but not limited to the loading and 
                      unloading of property on aircraft; assistance to 
                      passengers under part 382 of title 14, Code of 
                      Federal Regulations; security; airport ticketing 
                      and check-in functions; ground-handling of 
                      aircraft; or aircraft cleaning and sanitization 
                      functions and waste removal; or

[[Page 134 STAT. 498]]

                    (B) a subcontractor that performs such functions;
            (4) the term ``employee'' means an individual, other than a 
        corporate officer, who is employed by an air carrier or a 
        contractor; and
            (5) the term ``Secretary'' means the Secretary of the 
        Treasury.
SEC. 4112. <<NOTE: 15 USC 9072.>>  PANDEMIC RELIEF FOR AVIATION 
                          WORKERS.

    (a) Financial Assistance for Employee Wages, Salaries, and 
Benefits.--Notwithstanding any other provision of law, to preserve 
aviation jobs and compensate air carrier industry workers, the Secretary 
shall provide financial assistance that shall exclusively be used for 
the continuation of payment of employee wages, salaries, and benefits 
to--
            (1) passenger air carriers, in an aggregate amount up to 
        $25,000,000,000;
            (2) cargo air carriers, in the aggregate amount up to 
        $4,000,000,000; and
            (3) contractors, in an aggregate amount up to 
        $3,000,000,000.

    (b) Administrative Expenses.--Notwithstanding any other provision of 
law, the Secretary, may use $100,000,000 of the funds made available 
under section 4120(a) for costs and administrative expenses associated 
with providing financial assistance under this subtitle.
SEC. 4113. <<NOTE: 15 USC 9073.>>  PROCEDURES FOR PROVIDING 
                          PAYROLL SUPPORT.

    (a) <<NOTE: Time period. Certifications.>>  Awardable Amounts.--The 
Secretary shall provide financial assistance under this subtitle--
            (1) to an air carrier in an amount equal to the salaries and 
        benefits reported by the air carrier to the Department of 
        Transportation pursuant to part 241 of title 14, Code of Federal 
        Regulations, for the period from April 1, 2019, through 
        September 30, 2019; and
            (2) to an air carrier that does not transmit reports under 
        such part 241, in an amount that such air carrier certifies, 
        using sworn financial statements or other appropriate data, as 
        the amount of wages, salaries, benefits, and other compensation 
        that such air carrier paid the employees of such air carrier 
        during the period from April 1, 2019, through September 30, 
        2019; and
            (3) to a contractor, in an amount that the contractor 
        certifies, using sworn financial statements or other appropriate 
        data, as the amount of wages, salaries, benefits, and other 
        compensation that such contractor paid the employees of such 
        contractor during the period from April 1, 2019, through 
        September 30, 2019.

    (b) Deadlines and Procedures.--
            (1) In general.--
                    (A) Forms; terms and conditions.--Financial 
                assistance provided to an air carrier or contractor 
                under this subtitle shall be in such form, on such terms 
                and conditions (including requirements for audits and 
                the clawback of any financial assistance provided upon 
                failure by a passenger air carrier, cargo air carrier, 
                or contractor to honor the assurances specified in 
                section 4114), as the Secretary determines appropriate.

[[Page 134 STAT. 499]]

                    (B) <<NOTE: Publication.>>  Procedures.--The 
                Secretary shall publish streamlined and expedited 
                procedures not later than 5 days after the date of 
                enactment of this Act for air carriers and contractors 
                to submit requests for financial assistance under this 
                subtitle.
            (2) Deadline for immediate payroll assistance.--Not later 
        than 10 days after the date of enactment of this Act, the 
        Secretary shall make initial payments to air carriers and 
        contractors that submit requests for financial assistance 
        approved by to the Secretary.
            (3) <<NOTE: Determination.>>  Subsequent payments.--The 
        Secretary shall determine an appropriate method for timely 
        distribution of payments to air carriers and contractors with 
        approved requests for financial assistance from any funds 
        remaining available after providing initial financial assistance 
        payments under paragraph (2).

    (c) Pro Rata Authority.--The Secretary shall have the authority to 
reduce, on a pro rata basis, the amounts due to air carriers and 
contractors under the applicable paragraph of section 4112 in order to 
address any shortfall in assistance that would otherwise be provided 
under such section.
    (d) Audits.--The Inspector General of the Department of the Treasury 
shall audit certifications made under subsection (a).
SEC. 4114. <<NOTE: 15 USC 9074.>>  REQUIRED ASSURANCES.

    (a) <<NOTE: Contracts. Certification. Time periods.>>  In General.--
To be eligible for financial assistance under this subtitle, an air 
carrier or contractor shall enter into an agreement with the Secretary, 
or otherwise certify in such form and manner as the Secretary shall 
prescribe, that the air carrier or contractor shall--
            (1) <<NOTE: Involuntary furloughs. Pay reductions.>>  
        refrain from conducting involuntary furloughs or reducing pay 
        rates and benefits until September 30, 2020;
            (2) through September 30, 2021, ensure that neither the air 
        carrier or contractor nor any affiliate of the air carrier or 
        contractor may, in any transaction, purchase an equity security 
        of the air carrier or contractor or the parent company of the 
        air carrier or contractor that is listed on a national 
        securities exchange;
            (3) through September 30, 2021, ensure that the air carrier 
        or contractor shall not pay dividends, or make other capital 
        distributions, with respect to the common stock (or equivalent 
        interest) of the air carrier or contractor; and
            (4) meet the requirements of sections 4115 and 4116.

    (b) Department of Transportation Authority to Condition Assistance 
on Continuation of Service.--
            (1) <<NOTE: Requirement.>>  In general.--The Secretary of 
        Transportation is authorized to require, to the extent 
        reasonable and practicable, an air carrier provided financial 
        assistance under this subtitle to maintain scheduled air 
        transportation service, as the Secretary of Transportation deems 
        necessary, to ensure services to any point served by that 
        carrier before March 1, 2020.
            (2) Required considerations.--When considering whether to 
        exercise the authority provided by this section, the Secretary 
        of Transportation shall take into consideration the air 
        transportation needs of small and remote communities and the 
        need to maintain well-functioning health care supply chains, 
        including medical devices and supplies, and pharmaceutical 
        supply chains.

[[Page 134 STAT. 500]]

            (3) Sunset.--The authority provided under this subsection 
        shall terminate on March 1, 2022, and any requirements issued by 
        the Secretary of Transportation under this subsection shall 
        cease to apply after that date.
SEC. 4115. <<NOTE: 15 USC 9075.>>  PROTECTION OF COLLECTIVE 
                          BARGAINING AGREEMENT.

    (a) In General.--Neither the Secretary, nor any other actor, 
department, or agency of the Federal Government, shall condition the 
issuance of financial assistance under this subtitle on an air carrier's 
or contractor's implementation of measures to enter into negotiations 
with the certified bargaining representative of a craft or class of 
employees of the air carrier or contractor under the Railway Labor Act 
(45 U.S.C. 151 et seq.) or the National Labor Relations Act (29 U.S.C. 
151 et seq.), regarding pay or other terms and conditions of employment.
    (b) Period of Effect.--With respect to an air carrier or contractor 
to which financial assistance is provided under this subtitle, this 
section shall be in effect with respect to the air carrier or contractor 
beginning on the date on which the air carrier or contractor is first 
issued such financial assistance and ending on September 30, 2020.
SEC. 4116. <<NOTE: Time periods. 15 USC 9076.>>  LIMITATION ON 
                          CERTAIN EMPLOYEE COMPENSATION.

    (a) In General.--The Secretary may only provide financial assistance 
under this subtitle to an air carrier or contractor after such carrier 
or contractor enters into an agreement with the Secretary which provides 
that, during the 2-year period beginning March 24, 2020, and ending 
March 24, 2022, no officer or employee of the air carrier or contractor 
whose total compensation exceeded $425,000 in calendar year 2019 (other 
than an employee whose compensation is determined through an existing 
collective bargaining agreement entered into prior to enactment of this 
Act)--
            (1) will receive from the air carrier or contractor total 
        compensation which exceeds, during any 12 consecutive months of 
        such 2-year period, the total compensation received by the 
        officer or employee from the air carrier or contractor in 
        calendar year 2019;
            (2) will receive from the air carrier or contractor 
        severance pay or other benefits upon termination of employment 
        with the air carrier or contractor which exceeds twice the 
        maximum total compensation received by the officer or employee 
        from the air carrier or contractor in calendar year 2019; and
            (3) no officer or employee of the eligible business whose 
        total compensation exceeded $3,000,000 in calendar year 2019 may 
        receive during any 12 consecutive months of such period total 
        compensation in excess of the sum of--
                    (A) $3,000,000; and
                    (B) 50 percent of the excess over $3,000,000 of the 
                total compensation received by the officer or employee 
                from the eligible business in calendar year 2019.

    (b) Total Compensation Defined.--In this section, the term ``total 
compensation'' includes salary, bonuses, awards of stock, and other 
financial benefits provided by an air carrier or contractor to an 
officer or employee of the air carrier or contractor.
SEC. 4117. <<NOTE: Determination. 15 USC 9077.>>  TAX PAYER 
                          PROTECTION.

    The Secretary may receive warrants, options, preferred stock, debt 
securities, notes, or other financial instruments issued by

[[Page 134 STAT. 501]]

recipients of financial assistance under this subtitle which, in the 
sole determination of the Secretary, provide appropriate compensation to 
the Federal Government for the provision of the financial assistance.
SEC. 4118. <<NOTE: 15 USC 9078.>>  REPORTS.

    (a) Report.--Not later than November 1, 2020, the Secretary shall 
submit to the Committee on Transportation and Infrastructure and the 
Committee on Financial Services of the House of Representatives and the 
Committee on Commerce, Science, and Transportation and the Committee on 
Banking, Housing, and Urban Affairs of the Senate a report on the 
financial assistance provided to air carriers and contractors under this 
subtitle, including a description of any financial assistance provided.
    (b) <<NOTE: Time period.>>  Update.--Not later than the last day of 
the 1-year period following the date of enactment of this Act, the 
Secretary shall update and submit to the Committee on Transportation and 
the Committee on Financial Services and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation and the Committee on Banking, Housing, and Urban Affairs 
of the Senate the report described in subsection (a).
SEC. 4119. <<NOTE: 15 USC 9079.>>  COORDINATION.

    In implementing this subtitle the Secretary shall coordinate with 
the Secretary of Transportation.
SEC. 4120. <<NOTE: 15 USC 9080.>>  DIRECT APPROPRIATION.

    Notwithstanding any other provision of law, there is appropriated, 
out of amounts in the Treasury not otherwise appropriated, 
$32,000,000,000 to carry out this subtitle.

                  TITLE V-- <<NOTE: State, tribal, and 
local governments. Territories.>> CORONAVIRUS RELIEF FUNDS
SEC. 5001. CORONAVIRUS RELIEF FUND.

    (a) In General.--The Social Security Act (42 U.S.C. 301 et seq.) is 
amended by inserting after title V the following:

                   ``TITLE VI--CORONAVIRUS RELIEF FUND

``SEC. 601. <<NOTE: 42 USC 801.>>  CORONAVIRUS RELIEF FUND.

    ``(a) Appropriation.--
            ``(1) In general.--Out of any money in the Treasury of the 
        United States not otherwise appropriated, there are appropriated 
        for making payments to States, Tribal governments, and units of 
        local government under this section, $150,000,000,000 for fiscal 
        year 2020.
            ``(2) Reservation of funds.--Of the amount appropriated 
        under paragraph (1), the Secretary shall reserve--
                    ``(A) $3,000,000,000 of such amount for making 
                payments to the District of Columbia, the Commonwealth 
                of Puerto Rico, the United States Virgin Islands, Guam, 
                the Commonwealth of the Northern Mariana Islands, and 
                American Samoa; and

[[Page 134 STAT. 502]]

                    ``(B) $8,000,000,000 of such amount for making 
                payments to Tribal governments.

    ``(b) Authority to Make Payments.--
            ``(1) <<NOTE: Deadline.>>  In general.--Subject to paragraph 
        (2), not later than 30 days after the date of enactment of this 
        section, the Secretary shall pay each State and Tribal 
        government, and each unit of local government that meets the 
        condition described in paragraph (2), the amount determined for 
        the State, Tribal government, or unit of local government, for 
        fiscal year 2020 under subsection (c).
            ``(2) Direct payments to units of local government.--If a 
        unit of local government of a State submits the certification 
        required by subsection (e) for purposes of receiving a direct 
        payment from the Secretary under the authority of this 
        paragraph, the Secretary shall reduce the amount determined for 
        that State by the relative unit of local government population 
        proportion amount described in subsection (c)(5) and pay such 
        amount directly to such unit of local government.

    ``(c) Payment Amounts.--
            ``(1) In general.--Subject to paragraph (2), the amount paid 
        under this section for fiscal year 2020 to a State that is 1 of 
        the 50 States shall be the amount equal to the relative 
        population proportion amount determined for the State under 
        paragraph (3) for such fiscal year.
            ``(2) Minimum payment.--
                    ``(A) In general.--No State that is 1 of the 50 
                States shall receive a payment under this section for 
                fiscal year 2020 that is less than $1,250,000,000.
                    ``(B) Pro rata adjustments.--The Secretary shall 
                adjust on a pro rata basis the amount of the payments 
                for each of the 50 States determined under this 
                subsection without regard to this subparagraph to the 
                extent necessary to comply with the requirements of 
                subparagraph (A).
            ``(3) Relative population proportion amount.--For purposes 
        of paragraph (1), the relative population proportion amount 
        determined under this paragraph for a State for fiscal year 2020 
        is the product of--
                    ``(A) the amount appropriated under paragraph (1) of 
                subsection (a) for fiscal year 2020 that remains after 
                the application of paragraph (2) of that subsection; and
                    ``(B) the relative State population proportion (as 
                defined in paragraph (4)).
            ``(4) Relative state population proportion defined.--For 
        purposes of paragraph (3)(B), the term `relative State 
        population proportion' means, with respect to a State, the 
        quotient of--
                    ``(A) the population of the State; and
                    ``(B) the total population of all States (excluding 
                the District of Columbia and territories specified in 
                subsection (a)(2)(A)).
            ``(5) Relative unit of local government population 
        proportion amount.--For purposes <<NOTE: Definition.>>  of 
        subsection (b)(2), the term `relative unit of local government 
        population proportion amount' means, with respect to a unit of 
        local government and a State, the amount equal to the product 
        of--

[[Page 134 STAT. 503]]

                    ``(A) 45 percent of the amount of the payment 
                determined for the State under this subsection (without 
                regard to this paragraph); and
                    ``(B) the amount equal to the quotient of--
                          ``(i) the population of the unit of local 
                      government; and
                          ``(ii) the total population of the State in 
                      which the unit of local government is located.
            ``(6) District of columbia and territories.--The amount paid 
        under this section for fiscal year 2020 to a State that is the 
        District of Columbia or a territory specified in subsection 
        (a)(2)(A) shall be the amount equal to the product of--
                    ``(A) the amount set aside under subsection 
                (a)(2)(A) for such fiscal year; and
                    ``(B) <<NOTE: Determination.>>  each such District's 
                and territory's share of the combined total population 
                of the District of Columbia and all such territories, as 
                determined by the Secretary.
            ``(7) <<NOTE: Determination. Consultation.>>  Tribal 
        governments.--From the amount set aside under subsection 
        (a)(2)(B) for fiscal year 2020, the amount paid under this 
        section for fiscal year 2020 to a Tribal government shall be the 
        amount the Secretary shall determine, in consultation with the 
        Secretary of the Interior and Indian Tribes, that is based on 
        increased expenditures of each such Tribal government (or a 
        tribally-owned entity of such Tribal government) relative to 
        aggregate expenditures in fiscal year 2019 by the Tribal 
        government (or tribally-owned entity) and determined in such 
        manner as the Secretary determines appropriate to ensure that 
        all amounts available under subsection (a)(2)(B) for fiscal year 
        2020 are distributed to Tribal governments.
            ``(8) Data.--For purposes of this subsection, the population 
        of States and units of local governments shall be determined 
        based on the most recent year for which data are available from 
        the Bureau of the Census.

    ``(d) Use of Funds.--A State, Tribal government, and unit of local 
government shall use the funds provided under a payment made under this 
section to cover only those costs of the State, Tribal government, or 
unit of local government that--
            ``(1) are necessary expenditures incurred due to the public 
        health emergency with respect to the Coronavirus Disease 2019 
        (COVID-19);
            ``(2) were not accounted for in the budget most recently 
        approved as of the date of enactment of this section for the 
        State or government; and
            ``(3) <<NOTE: Time period.>>  were incurred during the 
        period that begins on March 1, 2020, and ends on December 30, 
        2020.

    ``(e) Certification.--In order to receive a payment under this 
section, a unit of local government shall provide the Secretary with a 
certification signed by the Chief Executive for the unit of local 
government that the local government's proposed uses of the funds are 
consistent with subsection (d).
    ``(f) Inspector General Oversight; Recoupment.--
            ``(1) Oversight authority.--The Inspector General of the 
        Department of the Treasury shall conduct monitoring and 
        oversight of the receipt, disbursement, and use of funds made 
        available under this section.

[[Page 134 STAT. 504]]

            ``(2) <<NOTE: Determination.>>  Recoupment.--If the 
        Inspector General of the Department of the Treasury determines 
        that a State, Tribal government, or unit of local government has 
        failed to comply with subsection (d), the amount equal to the 
        amount of funds used in violation of such subsection shall be 
        booked as a debt of such entity owed to the Federal Government. 
        Amounts recovered under this subsection shall be deposited into 
        the general fund of the Treasury.
            ``(3) Appropriation.--Out of any money in the Treasury of 
        the United States not otherwise appropriated, there are 
        appropriated to the Office of the Inspector General of the 
        Department of the Treasury, $35,000,000 to carry out oversight 
        and recoupment activities under this subsection. Amounts 
        appropriated under the preceding sentence shall remain available 
        until expended.
            ``(4) Authority of inspector general.--Nothing in this 
        subsection shall be construed to diminish the authority of any 
        Inspector General, including such authority as provided in the 
        Inspector General Act of 1978 (5 U.S.C. App.).

    ``(g) Definitions.--In this section:
            ``(1) Indian tribe.--The term `Indian Tribe' has the meaning 
        given that term in section 4(e) of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 5304(e)).
            ``(2) Local government.--The term `unit of local government' 
        means a county, municipality, town, township, village, parish, 
        borough, or other unit of general government below the State 
        level with a population that exceeds 500,000.
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of the Treasury.
            ``(4) State.--The term `State' means the 50 States, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, Guam, the Commonwealth of the 
        Northern Mariana Islands, and American Samoa.
            ``(5) Tribal government.--The term `Tribal government' means 
        the recognized governing body of an Indian Tribe.''.

    (b) Application of Provisions.--Amounts appropriated for fiscal year 
2020 under section 601(a)(1) of the Social Security Act (as added by 
subsection (a)) shall be subject to the requirements contained in Public 
Law 116-94 for funds for programs authorized under sections 330 through 
340 of the Public Health Service Act (42 U.S.C. 254 through 256).

                   TITLE VI--MISCELLANEOUS PROVISIONS

SEC. 6001. <<NOTE: 39 USC 101 note.>>  COVID-19 BORROWING 
                          AUTHORITY FOR THE UNITED STATES POSTAL 
                          SERVICE.

    (a) Definitions.--In this section--
            (1) the term ``COVID-19 emergency'' means the emergency 
        involving Federal primary responsibility determined to exist by 
        the President under section 501(b) of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) 
        with respect to the Coronavirus Disease 2019 (COVID-19); and

[[Page 134 STAT. 505]]

            (2) the term ``Postal Service'' means the United States 
        Postal Service.

    (b) Additional Borrowing Authority.--Notwithstanding section 2005 of 
title 39, United States Code, or any other provision of law, if the 
Postal Service determines that, due to the COVID-19 emergency, the 
Postal Service will not be able to fund operating expenses without 
borrowing money--
            (1) the Postal Service may borrow money from the Treasury in 
        an amount not to exceed $10,000,000,000--
                    (A) to be used for such operating expenses; and
                    (B) which may not be used to pay any outstanding 
                debt of the Postal Service; and
            (2) the Secretary of the Treasury may lend up to the amount 
        described in paragraph (1) at the request of the Postal Service, 
        upon terms and conditions mutually agreed upon by the Secretary 
        and the Postal Service.

    (c) Prioritization of Delivery for Medical Purposes During COVID-19 
Emergency.--Notwithstanding any other provision of law, during the 
COVID-19 emergency, the Postal Service--
            (1) shall prioritize delivery of postal products for medical 
        purposes; and
            (2) may establish temporary delivery points, in such form 
        and manner as the Postal Service determines necessary, to 
        protect employees of the Postal Service and individuals 
        receiving deliveries from the Postal Service.
SEC. 6002. EMERGENCY DESIGNATION.

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

    DIVISION <<NOTE: Emergency Appropriations for Coronavirus Health 
   Response and Agency Operations.>>  B--EMERGENCY APPROPRIATIONS FOR 
CORONAVIRUS HEALTH RESPONSE AND AGENCY OPERATIONS

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

                                 TITLE I

                          AGRICULTURAL PROGRAMS

                         Office of the Secretary

    For an additional amount for the ``Office of the Secretary'', 
$9,500,000,000, to remain available until expended, to prevent, prepare 
for, and respond to coronavirus by providing support for agricultural 
producers impacted by coronavirus, including producers of specialty 
crops, producers that supply local food systems, including farmers 
markets, restaurants, and schools, and livestock producers, including 
dairy producers:  Provided, That such amount

[[Page 134 STAT. 506]]

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

                       Office of Inspector General

    For an additional amount for ``Office of Inspector General'', 
$750,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That <<NOTE: Audits. Investigations.>>  the 
funding made available under this heading in this Act shall be used for 
conducting audits and investigations of projects and activities carried 
out with funds made available in this Act to the Department of 
Agriculture to prevent, prepare for, and respond to coronavirus, 
domestically or internationally:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

               Animal and Plant Health Inspection Service

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $55,000,000, 
to remain available until September 30, 2021, to prevent, prepare for, 
and respond to coronavirus, domestically or internationally, including 
for necessary expenses for salary costs associated with the Agriculture 
Quarantine and Inspection Program:    Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                     Agricultural Marketing Service

                           marketing services

    For an additional amount for ``Marketing Services'', $45,000,000, to 
remain available until September 30, 2021, to prevent, prepare for, and 
respond to coronavirus, domestically or internationally, including 
necessary expenses for salary costs associated with commodity grading, 
inspection, and audit activities:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                   Food Safety and Inspection Service

    For an additional amount for ``Food Safety and Inspection Service'', 
$33,000,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally, including for support of temporary and intermittent 
workers, relocation of inspectors, and, notwithstanding 21 U.S.C. 468, 
695 and 1053 and 7 U.S.C. 2219a, costs of overtime inspectors under the 
Federal Meat Inspection Act, the Poultry Products Inspection Act, and 
the Egg Products Inspection Act:  Provided, That such amount is 
designated by the Congress as being for

[[Page 134 STAT. 507]]

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

                FARM PRODUCTION AND CONSERVATION PROGRAMS

                           Farm Service Agency

    For an additional amount for ``Salaries and Expenses'', $3,000,000, 
to remain available until September 30, 2021, to prevent, prepare for, 
and respond to coronavirus, domestically or internationally, including 
necessary expenses to hire temporary staff and overtime expenses:  
Provided, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                       RURAL DEVELOPMENT PROGRAMS

                   Rural Business--Cooperative Service

                     rural business program account

    For an additional amount for ``Rural Business Program Account'', 
$20,500,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, for the cost of loans for rural 
business development programs authorized by section 310B and described 
in subsection (g) of section 310B of the Consolidated Farm and Rural 
Development Act:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                         Rural Utilities Service

         distance learning, telemedicine, and broadband program

    For an additional amount for ``Distance Learning, Telemedicine, and 
Broadband Program'', $25,000,000, to remain available until expended, to 
prevent, prepare for, and respond to coronavirus, domestically or 
internationally, for telemedicine and distance learning services in 
rural areas, as authorized by 7 U.S.C. 950aaa et seq.:  Provided, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                         DOMESTIC FOOD PROGRAMS

                       Food and Nutrition Service

                        child nutrition programs

    For an additional amount for ``Child Nutrition Programs'', 
$8,800,000,000 to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section

[[Page 134 STAT. 508]]

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

                supplemental nutrition assistance program

    For an additional amount for ``Supplemental Nutrition Assistance 
Program'', $15,810,000,000, to remain available until September 30, 
2021, to prevent, prepare for, and respond to coronavirus, domestically 
or internationally:  Provided, That of the amount provided under this 
heading in this Act, $15,510,000,000 shall be placed in a contingency 
reserve to be allocated as the Secretary deems necessary to support 
participation should cost or participation exceed budget estimates to 
prevent, prepare for, and respond to coronavirus:  Provided further, 
That of the amount provided under this heading in this Act, $100,000,000 
shall be for the food distribution program on Indian reservations 
program as authorized by Section 4(b) of the Food and Nutrition Act of 
2008 (7 U.S.C. 2013) and Section 4(a) of the Agriculture and Consumer 
Protection Act of 1973 (7 U.S.C. 1431) to prevent, prepare for, and 
respond to coronavirus, of which $50,000,000 shall be for facility 
improvements and equipment upgrades and of which $50,000,000 shall be 
for the costs relating to additional food purchases:  Provided further, 
That of the amount <<NOTE: Grants. Territories.>>  provided under this 
heading in this Act, $200,000,000 to remain available through September 
30, 2021, shall be available for the Secretary of Agriculture to provide 
grants to the Commonwealth of the Northern Mariana Islands, Puerto Rico, 
and American Samoa for nutrition assistance to prevent, prepare for, and 
respond to coronavirus, domestically or internationally:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                      commodity assistance program

    For an additional amount for ``Commodity Assistance Program'', 
$450,000,000, to remain available through September 30, 2021, to 
prevent, prepare for, and respond to coronavirus, domestically or 
internationally, for the emergency food assistance program as authorized 
by section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 
2036(a)) and section 204(a)(1) of the Emergency Food Assistance Act of 
1983 (7 U.S.C. 7508(a)(1)):  Provided, That of the funds made available, 
the Secretary may use up to $150,000,000 for costs associated with the 
distribution of commodities:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                 FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $4,000,000, 
to remain available until September 30, 2021, to prevent, prepare for, 
and respond to coronavirus, domestically or internationally, including 
necessary expenses to relocate employees and

[[Page 134 STAT. 509]]

their dependents back from overseas posts:  Provided, That such amount 
is designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

            RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                 Department of Health and Human Services

                      food and drug administration

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $80,000,000, 
to remain available until expended, to prevent, prepare for, and respond 
to coronavirus, domestically or internationally, including funds for the 
development of necessary medical countermeasures and vaccines, advanced 
manufacturing for medical products, the monitoring of medical product 
supply chains, and related administrative activities:  Provided, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

                      (including transfer of funds)

    Sec. 11001.  Of the funds made available to the Rural Development 
mission area in this title, and in addition to funds otherwise made 
available for such purpose, not more than 3 percent may be used for 
administrative costs to carry out loan, loan guarantee and grant 
activities funded in this title to prevent, prepare for, and respond to 
coronavirus, domestically or internationally:  Provided, That such funds 
shall be transferred to, and merged with, the appropriation for ``Rural 
Development, Salaries and Expenses'' and, once transferred, shall be 
used only to prevent, prepare for, and respond to coronavirus, 
domestically or internationally:  Provided further, that this transfer 
authority is in addition to any other transfer authority provided by 
law.

                      commodity credit corporation

              reimbursement of present net realized losses

    Sec. 11002.  Of the amounts provided in the Further Consolidated 
Appropriations Act, 2020 (Public Law 116-94) under the heading 
``Commodity Credit Corporation Fund--Reimbursement for Net Realized 
Losses'', $14,000,000,000, may be used, prior to the completion of the 
report described in 15 U.S.C. 713a-11, to reimburse the Commodity Credit 
Corporation for net realized losses sustained, but not previously 
reimbursed, as reflected in the June 2020 report of its financial 
condition:  Provided, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

[[Page 134 STAT. 510]]

    Sec. 11003.  The <<NOTE: Extension.>>  Secretary may extend the term 
of a marketing assistance loan authorized by section 1201 of the 
Agricultural Act of 2014 (7 U.S.C. 9033) for any loan commodity to 12 
months:  Provided, That <<NOTE: Expiration date.>>  the authority made 
available pursuant to this section shall expire on September 30, 2020:  
Provided further, That the amount provided by this section is designated 
by the Congress as being for an emergency requirement pursuant to 
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

    Sec. 11004.  For <<NOTE: Grants. Urban and rural areas.>>  an 
additional amount for grants under the pilot program established under 
section 779 of Public Law 115-141, to prevent, prepare for, and respond 
to coronavirus, $100,000,000, to remain available until September 30, 
2021:  Provided, That at least 90 percent of the households to be served 
by a project receiving a grant shall be in a rural area without 
sufficient access to broadband:  Provided 
further, <<NOTE: Definition.>> That for purposes of such pilot program, 
a rural area without sufficient access to broadband shall be defined as 
10 Mbps downstream and 1 Mbps upstream, and such definition shall be 
reevaluated and redefined, as necessary, on an annual basis by the 
Secretary of Agriculture:  Provided further, That an entity to which a 
grant is made under the pilot program shall not use a grant to overbuild 
or duplicate broadband expansion efforts made by any entity that has 
received a broadband loan from the Rural Utilities Service:  Provided 
further, That priority consideration for grants shall be given to 
previous applicants now eligible as a result of adjusted eligibility 
requirements:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                                TITLE II

                         DEPARTMENT OF COMMERCE

                   Economic Development Administration

                economic development assistance programs

                     (including transfers of funds)

    Pursuant to section 703 of the Public Works and Economic Development 
Act (42 U.S.C. 3233), for an additional amount for ``Economic 
Development Assistance Programs'', $1,500,000,000, to remain available 
until September 30, 2022, to prevent, prepare for, and respond to 
coronavirus, domestically or internationally, including for necessary 
expenses for responding to economic injury as a result of coronavirus:  
Provided, That such amount shall be for economic adjustment assistance 
as authorized by section 209 of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3149):  Provided further, That within 
the amount appropriated under this heading in this Act, up to 2 percent 
of funds may be transferred to the ``Salaries and Expenses'' account for 
administration and oversight activities related to preventing, preparing 
for, and responding to coronavirus: <<NOTE: 42 USC 3211 note.>>   
Provided further, That the Secretary of Commerce is authorized to 
appoint and fix the compensation of such temporary personnel as may be 
necessary to implement the requirements under this heading in this Act

[[Page 134 STAT. 511]]

to prevent, prepare for, and respond to coronavirus, without regard to 
the provisions of title 5, United States Code, governing appointments in 
competitive service:  Provided further, That <<NOTE: Appointments. Time 
period. 42 USC 3211 note.>>  the Secretary of Commerce is authorized to 
appoint such temporary personnel, after serving continuously for 2 
years, to positions in the Economic Development Administration in the 
same manner that competitive service employees with competitive status 
are considered for transfer, reassignment, or promotion to such 
positions and an individual appointed under this provision shall become 
a career-conditional employee, unless the employee has already completed 
the service requirements for career tenure:  Provided further, That 
within the amount appropriated under this heading in this Act, 
$3,000,000 shall be transferred to the ``Office of Inspector General'' 
account for carrying out investigations and audits related to the 
funding provided to prevent, prepare for, and respond to coronavirus 
under this heading in this Act:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

             National Institute of Standards and Technology

             scientific and technical research and services

    For an additional amount for ``Scientific and Technical Research and 
Services'', $6,000,000, to remain available until September, 30, 2021, 
to prevent, prepare for, and respond to coronavirus, domestically or 
internationally, by supporting continuity of operations, including 
measurement science to support viral testing and biomanufacturing:  
Provided, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                     industrial technology services

    For an additional amount for ``Industrial Technology Services'', 
$60,000,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That of the amount provided under this 
heading in this Act, $50,000,000 shall be for the Hollings Manufacturing 
Extension Partnership to assist manufacturers to prevent, prepare for, 
and respond to coronavirus and $10,000,000 shall be for the National 
Network for Manufacturing Innovation (also known as ``Manufacturing 
USA'') to prevent, prepare for, and respond to coronavirus, including to 
support development and manufacturing of medical countermeasures and 
biomedical equipment and supplies:  Provided further, That none of the 
funds provided under this heading in this Act shall be subject to cost 
share requirements under 15 U.S.C. 278k(e)(2) or 15 U.S.C. 
278s(e)(7)(A):  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

[[Page 134 STAT. 512]]

             National Oceanic and Atmospheric Administration

                  operations, research, and facilities

    For an additional amount for ``Operations, Research, and 
Facilities'', $20,000,000, to remain available until September, 30, 
2021, to prevent, prepare for, and respond to coronavirus, domestically 
or internationally, by supporting continuity of operations, including 
National Weather Service life and property related operations:  
Provided, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                          DEPARTMENT OF JUSTICE

                         General Administration

                 justice information sharing technology

    For an additional amount for ``Justice Information Sharing 
Technology'', $2,000,000, to remain available until expended, to 
prevent, prepare for, and respond to coronavirus, domestically or 
internationally, including the impact of coronavirus on the work of the 
Department of Justice:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                       Office of Inspector General

    For an additional amount for ``Office of Inspector General'', 
$2,000,000, to remain available until expended to prevent, prepare for, 
and respond to coronavirus, domestically or internationally, including 
the impact of coronavirus on the work of the Department of Justice and 
to carry out investigations and audits related to the funding made 
available for the Department of Justice in this Act:  Provided, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                            Legal Activities

             salaries and expenses, united states attorneys

    For an additional amount for ``Salaries and Expenses, United States 
Attorneys'', $3,000,000, to prevent, prepare for, and respond to 
coronavirus, domestically or internationally, including the impact of 
coronavirus on the work of the Department of Justice:  Provided, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                     United States Marshals Service

                          salaries and expenses

    For an additional amount for ``United States Marshals Service, 
Salaries and Expenses'', $15,000,000, to prevent, prepare for, and

[[Page 134 STAT. 513]]

respond to coronavirus, domestically or internationally, including the 
impact of coronavirus on the work of the Department of Justice:  
Provided, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                     Federal Bureau of Investigation

                          salaries and expenses

    For an additional amount for ``Federal Bureau of Investigation, 
Salaries and Expenses'', $20,000,000, to prevent, prepare for, and 
respond to coronavirus, domestically or internationally, including the 
impact of coronavirus on the work of the Department of Justice:  
Provided, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                     Drug Enforcement Administration

                          salaries and expenses

    For an additional amount for ``Drug Enforcement Administration, 
Salaries and Expenses'', $15,000,000, to prevent, prepare for, and 
respond to coronavirus, domestically or internationally, including the 
impact of coronavirus on the work of the Department of Justice:  
Provided, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                          Federal Prison System

                          salaries and expenses

    For an additional amount for ``Federal Prison System, Salaries and 
Expenses'', $100,000,000, to prevent, prepare for, and respond to 
coronavirus, domestically or internationally, including the impact of 
coronavirus on the work of the Department of Justice:  Provided, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

               State and Local Law Enforcement Activities

                       Office of Justice Programs

               state and local law enforcement assistance

    For an additional amount for ``State and Local Law Enforcement 
Assistance'', $850,000,000, to remain available until expended, to 
prevent, prepare for, and respond to coronavirus, domestically or 
internationally, to be awarded pursuant to the formula allocation 
(adjusted in proportion to the relative amounts statutorily designated 
therefor) that was used in fiscal year 2019 for the Edward Byrne 
Memorial Justice Assistance Grant program as authorized

[[Page 134 STAT. 514]]

by subpart 1 of part E of title I of the Omnibus Crime Control and Safe 
Streets Acts of 1968 (``1968 Act''):  Provided, That the allocation 
provisions under sections 505(a) through (e) and the special rules for 
Puerto Rico under section 505(g), and section 1001(c), of the 1968 Act, 
shall not apply to the amount provided under this heading in this Act:  
Provided further, That awards hereunder, shall not be subject to 
restrictions or special conditions that are the same as (or 
substantially similar to) those, imposed on awards under such subpart in 
fiscal year 2018, that forbid interference with Federal law enforcement: 
 Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                                 SCIENCE

              National Aeronautics and Space Administration

                  safety, security and mission services

    For an additional amount for ``Safety, Security and Mission 
Services'', $60,000,000, to remain available until September 30, 2021, 
to prevent, prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                       National Science Foundation

                     research and related activities

    For an additional amount for ``Research and Related Activities'', 
$75,000,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally, including to fund research grants and other necessary 
expenses:  Provided, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                 agency operations and award management

    For an additional amount for ``Agency Operations and Award 
Management'', $1,000,000, to prevent, prepare for, and respond to 
coronavirus, domestically or internationally, including to administer 
research grants and other necessary expenses:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

[[Page 134 STAT. 515]]

                            RELATED AGENCIES

                       Legal Services Corporation

                payment to the legal services corporation

    For an additional amount for ``Payment to the Legal Services 
Corporation'', $50,000,000, to prevent, prepare for, and respond to 
coronavirus, domestically or internationally:  Provided, That none of 
the funds appropriated under this heading in this Act to the Legal 
Services Corporation shall be expended for any purpose prohibited or 
limited by, or contrary to any of the provisions of, sections 501, 502, 
503, 504, 505, and 506 of Public Law 105-119, and all funds appropriated 
in this Act to the Legal Services Corporation shall be subject to the 
same terms and conditions set forth in such sections, except that all 
references in sections 502 and 503 to 1997 and 1998 shall be deemed to 
refer instead to 2019 and 2020, respectively, and except that sections 
501 and 503 of Public Law 104-134 (referenced by Public Law 105-119) 
shall not apply to the amount made available under this heading:  
Provided further, That for the purposes of this Act, the Legal Services 
Corporation shall be considered an agency of the United States 
Government:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 12001.  Amounts provided by the Consolidated Appropriations 
Act, 2020, (Public Law 116-93) for the Hollings Manufacturing Extension 
Partnership under the heading ``National Institute of Standards and 
Technology--Industrial Technology Services'' shall not be subject to 
cost share requirements under 15 U.S.C. 278k(e)(2):  Provided, That the 
authority made available pursuant to this section shall be elective for 
any Manufacturing Extension Partnership Center that also receives 
funding from a State that is conditioned upon the application of a 
Federal cost sharing requirement.
    Sec. 12002. (a) <<NOTE: Reimbursements. Grants.>>  Funds 
appropriated in this title for the National Science Foundation may be 
made available to restore amounts, either directly or through 
reimbursement, for obligations incurred by the National Science 
Foundation for research grants and other necessary expenses to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally, prior to the date of enactment of this Act.

    (b) <<NOTE: Time period.>>  Grants or cooperative agreements made by 
the National Science Foundation under this title, to carry out research 
grants and other necessary expenses to prevent, prepare for, and respond 
to coronavirus, domestically or internationally, shall include amounts 
to reimburse costs for these purposes incurred between January 20, 2020, 
and the date of issuance of such grants or agreements.

                            bureau of prisons

    Sec. 12003. (a) <<NOTE: 18 USC 3621 note.>>  Definitions.--In this 
section--
            (1) the term ``Bureau'' means the Bureau of Prisons;

[[Page 134 STAT. 516]]

            (2) <<NOTE: Time period.>>  the term ``covered emergency 
        period'' means the period beginning on the date on which the 
        President declared a national emergency under the National 
        Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the 
        Coronavirus Disease 2019 (COVID-19) and ending on the date that 
        is 30 days after the date on which the national emergency 
        declaration terminates; and
            (3) the term ``Secretary'' means the Secretary of Health and 
        Human Services.

    (b) Supply of Personal Protective Equipment and Test Kits to Bureau 
of Prisons; Home Confinement Authority.--
            (1) Personal protective equipment and test kits.--
                    (A) Findings.--Congress finds the following:
                          (i) There is an urgent need for personal 
                      protective equipment and test kits to the Bureau 
                      based on the density of the inmate population, the 
                      high traffic, the high volume of inmates, the high 
                      rate of turnover of inmates and personnel, and the 
                      number of high-security areas, within the 
                      facilities of the Bureau.
                          (ii) The inability of the Bureau to secure the 
                      purchase of infectious disease personal protective 
                      equipment and related supplies now and in the 
                      future is a vulnerability.
                          (iii) The Bureau is currently competing in and 
                      engaging the same landscape of vendors as all 
                      other Federal agencies and private entities.
                          (iv) The ability of the Bureau to purchase 
                      needed equipment and supplies is currently subject 
                      to an individual manufacturer's specific 
                      recognition of the Bureau as a priority and 
                      subsequent allocation of the inventory of the 
                      manufacturer to the Bureau.
                    (B) Consideration.--The Secretary shall 
                appropriately consider, relative to other priorities of 
                the Department of Health and Human Services for high-
                risk and high-need populations, the distribution of 
                infectious disease personal protective equipment and 
                COVID-19 test kits to the Bureau for use by inmates and 
                personnel of the Bureau.
            (2) <<NOTE: Time period.>>  Home confinement authority.--
        During the covered emergency period, if the Attorney General 
        finds that emergency conditions will materially affect the 
        functioning of the Bureau, the Director of the Bureau may 
        lengthen the maximum amount of time for which the Director is 
        authorized to place a prisoner in home confinement under the 
        first sentence of section 3624(c)(2) of title 18, United States 
        Code, as the Director determines appropriate.

    (c) Video Visitation.--
            (1) <<NOTE: Regulations. Time period.>>  In general.--During 
        the covered emergency period, if the Attorney General finds that 
        emergency conditions will materially affect the functioning of 
        the Bureau, the Director of the Bureau shall promulgate rules 
        regarding the ability of inmates to conduct visitation through 
        video teleconferencing and telephonically, free of charge to 
        inmates, during the covered emergency period.
            (2) Exemption from notice-and-comment rulemaking 
        requirements.--Section 553 of title 5, United States Code, shall 
        not apply to the promulgation of rules under paragraph (1) of 
        this subsection.

[[Page 134 STAT. 517]]

    (d) Emergency Requirement.--The amount provided by this section is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

    temporary authority of director of the uspto during the covid-19 
                               emergency.

    Sec. 12004. (a) <<NOTE: Determination. 35 USC 2 note.>>  In 
General.--During the emergency period described in subsection (e), the 
Director may toll, waive, adjust, or modify, any timing deadline 
established by title 35, United States Code, the Trademark Act, section 
18 of the Leahy-Smith America Invents Act (35 U.S.C. 321 note), or 
regulations promulgated thereunder, in effect during such period, if the 
Director determines that the emergency related to such period--
            (1) materially affects the functioning of the Patent and 
        Trademark Office;
            (2) prejudices the rights of applicants, registrants, patent 
        owners, or others appearing before the Office; or
            (3) prevents applicants, registrants, patent owners, or 
        others appearing before the Office from filing a document or fee 
        with the Office.

    (b) <<NOTE: Determination.>>  Public Notice.--If the Director 
determines that tolling, waiving, adjusting, or modifying a timing 
deadline under subsection (a) is appropriate, the Director shall publish 
publicly a notice to such effect.

    (c) <<NOTE: Deadline. Time period.>>  Statement Required.--Not later 
than 20 days after the Director tolls, waives, adjusts, or modifies a 
timing deadline under subsection (a) and such toll, waiver, adjustment, 
or modification is in effect for a consecutive or cumulative period 
exceeding 120 days, the Director shall submit to Congress a statement 
describing the action taken, relevant background, and rationale for the 
period of tolling, waiver, adjustment, or modification.

    (d) Other Laws.--Notwithstanding section 301 of the National 
Emergencies Act (50 U.S.C. 1631), the authority of the Director under 
subsection (a) is not contingent on a specification made by the 
President under such section or any other requirement under that Act 
(other than the emergency declaration under section 201(a) of such Act 
(50 U.S.C. 1621(a))). The authority described in this section supersedes 
the authority of title II of the National Emergencies Act (50 U.S.C. 
1621 et seq.).
    (e) Emergency Period.--The emergency period described in this 
subsection includes the duration of the portion of the emergency 
declared by the President pursuant to the National Emergencies Act on 
March 13, 2020, as a result of the COVID-19 outbreak (and any renewal 
thereof) beginning on or after the date of the enactment of this section 
and the 60 day period following such duration.
    (f) Rule of Construction.--Nothing in this section may be construed 
as limiting other statutory authorities the Director may have to grant 
relief regarding filings or deadlines.
    (g) Sunset.--Notwithstanding subsection (a), the authorities 
provided under this section shall expire upon the expiration of the 2-
year period after the date of the enactment of this section.
    (h) Definitions.--In this section:

[[Page 134 STAT. 518]]

            (1) Director.--The term ``Director'' means the Under 
        Secretary of Commerce for Intellectual Property and Director of 
        the United States Patent and Trademark Office.
            (2) Trademark act.--The term ``Trademark Act'' means the Act 
        entitled ``An Act to provide for the registration and protection 
        of trademarks used in commerce, to carry out the provisions of 
        certain international conventions, and for other purposes'', 
        approved July 5, 1946 (15 U.S.C. 1051 et seq.).

    (i) Emergency Requirement.--The amount provided by this section is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.


                   assistance to fishery participants


    Sec. 12005.  (a) <<NOTE: 15 USC 1512 note.>>  In General.--The 
Secretary of Commerce is authorized to provide assistance to Tribal, 
subsistence, commercial, and charter fishery participants affected by 
the novel coronavirus (COVID-19), which may include direct relief 
payments.

    (b) Fishery Participants.--For the purposes of this section, 
``fishery participants'' include Tribes, persons, fishing communities, 
aquaculture businesses not otherwise eligible for assistance under part 
1416 of title 7 of the Code of Federal Regulations for losses related to 
COVID-19, processors, or other fishery-related businesses, who have 
incurred, as a direct or indirect result of the coronavirus pandemic--
            (1) economic revenue losses greater than 35 percent as 
        compared to the prior 5-year average revenue; or
            (2) any negative impacts to subsistence, cultural, or 
        ceremonial fisheries.

    (c) Rolling Basis.--Funds may be awarded under this section on a 
rolling basis, and within a fishing season, to ensure rapid delivery of 
funds during the COVID-19 pandemic.
    (d) Appropriations.--In addition to funds that are otherwise made 
available to assist fishery participants under this Act, there are 
authorized to be appropriated, and there are appropriated, $300,000,000, 
to remain available until September 30, 2021, to carry out this section, 
of which up to 2 percent may be used for administration and oversight 
activities.
    (e) Emergency Requirement.--The amount provided by this section is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                                TITLE III

                          DEPARTMENT OF DEFENSE

                           MILITARY PERSONNEL

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$746,591,000, to prevent, prepare for, and respond to coronavirus, 
domestically or internationally:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

[[Page 134 STAT. 519]]

                   National Guard Personnel, Air Force

    For an additional amount for ``National Guard Personnel, Air 
Force'', $482,125,000, to prevent, prepare for, and respond to 
coronavirus, domestically or internationally:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$160,300,000, to prevent, prepare for, and respond to coronavirus, 
domestically or internationally:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                     Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$360,308,000, to prevent, prepare for, and respond to coronavirus, 
domestically or internationally:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                 Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $90,000,000, to prevent, prepare for, and respond to 
coronavirus, domestically or internationally:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $155,000,000, to prevent, prepare for, and respond to 
coronavirus, domestically or internationally:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                 Operation and Maintenance, Army Reserve

    For an additional amount for ``Operation and Maintenance, Army 
Reserve'', $48,000,000, to prevent, prepare for, and respond to 
coronavirus, domestically or internationally:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

[[Page 134 STAT. 520]]

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $186,696,000, to prevent, prepare for, and respond to 
coronavirus, domestically or internationally:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

              Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $75,754,000, to prevent, prepare for, and respond to 
coronavirus, domestically or internationally:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                 Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $827,800,000, to prevent, prepare for, and respond to 
coronavirus, domestically or internationally:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                               PROCUREMENT

                    Defense Production Act Purchases

    For an additional amount for ``Defense Production Act Purchases'', 
$1,000,000,000, to remain available until expended, to prevent, prepare 
for, and respond to coronavirus, domestically or internationally:  
Provided, That <<NOTE: Time period. Waiver. 50 USC 4531 note.>>  for the 
two-year period beginning with the date of enactment of this Act, the 
requirements described in Section 301(a)(3)(A) and 302(c)(1) of Public 
Law 81-774, shall be waived:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                     REVOLVING AND MANAGEMENT FUNDS

                      Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$1,450,000,000, to prevent, position, prepare for, and respond to 
coronavirus, domestically or internationally:  Provided, That of the 
amount provided under this heading in this Act, $475,000,000 shall be 
for the Navy Working Capital Fund, $475,000,000 shall be for the Air 
Force Working Capital Fund, and $500,000,000 shall be for the Defense-
Wide Working Capital Fund:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

[[Page 134 STAT. 521]]

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$3,805,600,000, of which $3,390,600,000 shall be for operation and 
maintenance, and $415,000,000 shall be for research, development, test 
and evaluation, to remain available until September 30, 2021, to 
prevent, prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That, notwithstanding that one percent of 
funding for operation and maintenance under this heading in Public Law 
116-93 shall remain available for obligation until September 30, 2021, 
funding for operation and maintenance made available under this heading 
in this Act shall only be available through September 30, 2020:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                     Office of the Inspector General

    For an additional amount for ``Office of the Inspector General'', 
$20,000,000, to prevent, prepare for, and respond to coronavirus, 
domestically or internationally:  Provided, That the funding made 
available under this heading in this Act shall be used for conducting 
audits and investigations of projects and activities carried out with 
funds made available in this Act to the Department of Defense to 
prevent, prepare for, and respond to coronavirus, domestically or 
internationally:  Provided further, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 13001. <<NOTE: Transfer authority.>>   Funds appropriated by 
this title may be transferred to, and merged with, other applicable 
appropriations of the Department of Defense, except for ``Drug 
Interdiction and Counter-Drug Activities, Defense'', for expenses 
incurred in preventing, preparing for, or responding to coronavirus, 
including expenses of the Department of Defense incurred in support of 
other Federal Departments and agencies, and State, local, and Indian 
tribal governments, to be merged with and to be available for the same 
purposes, and for the same time period, as the appropriation or fund to 
which transferred:  Provided, That <<NOTE: Determination.>>  upon a 
determination that all or part of the funds transferred pursuant to this 
section that are not necessary for the purposes provided herein, such 
funds shall be transferred back to the original appropriation:  Provided 
further, That the transfer authority provided by this section is in 
addition to any other transfer authority provided by law.

    Sec. 13002.  For an additional amount for ``Defense Health 
Program'', $1,095,500,000, which shall be for operation and maintenance, 
and of which $1,095,500,000 may be available for contracts entered into 
under the TRICARE program:  Provided, That, notwithstanding that one 
percent of funding for operation and maintenance under this heading in 
Public Law 116-93 shall remain available for obligation until September 
30, 2021, funding for operation and maintenance made available under 
this heading in this section

[[Page 134 STAT. 522]]

shall only be available through September 30, 2020:  Provided further, 
That such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.
    Sec. 13003. (a) <<NOTE: 10 USC 2208 note.>>  Notwithstanding section 
2208(l)(3) of title 10, United States Code, during fiscal year 2020, the 
total amount of the advance billings rendered or imposed for all 
working-capital funds of the Department of Defense may exceed the amount 
otherwise specified in such section.

    (b) <<NOTE: Definition.>>  In this section, the term ``advance 
billing'' has the meaning given that term in section 2208(l)(4) of title 
10, United States Code.

    Sec. 13004. (a) <<NOTE: 10 USC 2326 note.>>  Section 2326(b)(3) of 
title 10, United States Code, shall not apply to any undefinitized 
contract action of the Department of Defense related to the national 
emergency for the Coronavirus Disease 2019 (COVID-19).

    (b) <<NOTE: Definition.>>  In this section, the term ``undefinitized 
contract action'' has the meaning given that term in section 2326(j)(6) 
of title 10, United States Code.

    Sec. 13005. (a) <<NOTE: Waiver authority. 10 USC 2326 note.>>  The 
head of an agency may waive the provisions of section 2326(b) of title 
10, United States Code, with respect to a contract of such agency if the 
head of the agency determines that the waiver is necessary due to the 
national emergency for the Coronavirus Disease 2019 (COVID-19).

    (b) <<NOTE: Definition.>>  In this section, the term ``head of an 
agency'' has the meaning given that term in section 2302(2) of title 10, 
United States Code.

    Sec. 13006. (a) <<NOTE: 10 USC 2371b note.>>  Notwithstanding 
paragraph (3) of section 2371b(a) of title 10, United States Code, the 
authority of a senior procurement executive or director of the Defense 
Advanced Research Projects Agency or Missile Defense Agency under 
paragraph (2)(A) of such section, and the authority of the Under 
Secretaries of Defense under paragraph (2)(B) of such section, for any 
transaction related to the national emergency for the Coronavirus 
Disease 2019 (COVID-19) may be delegated to such officials in the 
Department of Defense as the Secretary of Defense shall specify for 
purposes of this section.

    (b)(1) Notwithstanding clause (ii) of section 2371b(a)(2)(B) of 
title 10, United States Code, no advance notice to Congress is required 
under that clause for transitions described in that section that are 
related to the national emergency for the Coronavirus Disease 2019 
(COVID-19).
    (2) <<NOTE: Notification.>>  In the event a transaction covered by 
paragraph (1) is carried out, the Under Secretary of Defense for 
Research and Engineering or the Under Secretary of Defense for 
Acquisition and Sustainment, as applicable, shall submit to the 
congressional defense committees a notice on the carrying out of such 
transaction as soon as is practicable after the commencement of the 
carrying out of such transaction.

    (3) <<NOTE: Definition.>>  In this subsection, the term 
``congressional defense committees'' has the meaning given such term in 
section 101(a)(16) of title 10, United States Code.

    Sec. 13007. (a) <<NOTE: President. Appointments. Termination 
dates. 10 USC 111 note.>>  The President may extend the appointment of 
the Chief of Army Reserve as prescribed in section 7038(c) of title 10, 
United States Code, for the incumbent in that position as of the date of 
the enactment of this Act until the date of

[[Page 134 STAT. 523]]

the appointment of the successor to such incumbent, notwithstanding any 
limitation otherwise imposed on such term by such section 7038(c).

    (b) The President may extend the appointment of the Chief of Navy 
Reserve as prescribed in section 8083(c) of title 10, United States 
Code, for the incumbent in that position as of the date of the enactment 
of this Act until the date of the appointment of the successor to such 
incumbent, notwithstanding any limitation otherwise imposed on such term 
by such section 8083(c).
    (c) The President may extend the appointment of the Chief of Staff 
of the Air Force prescribed in section 9033(a)(1) of title 10, United 
States Code, for the incumbent in that position as of the date of the 
enactment of this Act until the date of the appointment of the successor 
to such incumbent, notwithstanding any limitation otherwise imposed on 
such term by such section 9033(a)(1).
    (d) The President may extend the appointment of the Chief of Space 
Operations, as prescribed in section 9082(a)(2) of title 10, United 
States Code, for the incumbent in that position as of the date of the 
enactment of this Act until the date of the appointment of the successor 
to such incumbent, notwithstanding any limitation otherwise imposed on 
such term by such section 9082(a)(2).
    (e) The President may extend the appointment of the Chief of the 
National Guard Bureau as prescribed in section 10502(b) of title 10, 
United States Code, for the incumbent in that position as of the date of 
the enactment of this Act until the date of the appointment of the 
successor to such incumbent, notwithstanding any limitation otherwise 
imposed on such term by such section 10502(b).
    (f) The President may extend the appointment of Director, Army 
National Guard and Director, Air National Guard as prescribed in section 
10506(a)(3)(D) of title 10, United States Code, for the incumbent in 
such position as of the date of the enactment of this Act until the date 
of the appointment of the successor to such incumbent, notwithstanding 
any limitation otherwise imposed on such term by such section 
10506(a)(3)(D).
    (g) <<NOTE: Waiver authority. Time period.>>  Notwithstanding 
paragraph (4) of section 10505(a) of title 10, United States Code, the 
Secretary of Defense may waive the limitations in paragraphs (2) and (3) 
of that section for a period of not more than 270 days.

    (h)(1) The President may delegate the exercise of the authorities in 
subsections (a) through (f) to the Secretary of Defense.
    (2) The Secretary of Defense may not redelegate the exercise of any 
authority delegated to the Secretary pursuant to paragraph (1), and may 
not delegate the exercise of the authority in subsection (g).

[[Page 134 STAT. 524]]

                                TITLE IV

                        CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                        operation and maintenance

    For an additional amount for ``Operation and Maintenance'', 
$50,000,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                                expenses

    For an additional amount for ``Expenses'', $20,000,000, to remain 
available until September 30, 2021, to prevent, prepare for, and respond 
to coronavirus, domestically or internationally:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                       DEPARTMENT OF THE INTERIOR

                          Bureau of Reclamation

                       water and related resources

                      (including transfer of funds)

    For an additional amount for ``Water and Related Resources'', 
$12,500,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That $500,000 of the funds provided under 
this heading in this Act shall be transferred to the ``Central Utah 
Project Completion Account'' to prevent, prepare for, and respond to 
coronavirus:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                        policy and administration

    For an additional amount for ``Policy and Administration'', 
$8,100,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

[[Page 134 STAT. 525]]

                          DEPARTMENT OF ENERGY

                             ENERGY PROGRAMS

                                 Science

    For an additional amount for ``Science'', $99,500,000, to remain 
available until September 30, 2021, to prevent, prepare for, and respond 
to coronavirus, domestically or internationally, for necessary expenses 
related to providing support and access to scientific user facilities in 
the Office of Science and National Nuclear Security Administration, 
including equipment, enabling technologies, and personnel associated 
with the operations of those scientific user facilities:  Provided, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                       Departmental Administration

                      (including transfer of funds)

    For an additional amount for ``Departmental Administration'', 
$28,000,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally, including for necessary expenses related to supporting 
remote access for personnel:  Provided, That funds appropriated under 
this heading in this Act may be transferred to, and merged with, other 
appropriation accounts of the Department of Energy to prevent, prepare 
for, and respond to coronavirus, including for necessary expenses 
related to supporting remote access for personnel:  Provided further, 
That such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                          INDEPENDENT AGENCIES

                      Nuclear Regulatory Commission

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $3,300,000, 
to remain available until September 30, 2021, to prevent, prepare for, 
and respond to coronavirus, domestically or internationally:  Provided, 
That, notwithstanding 42 U.S.C. 2214, such amount shall not be derived 
from fee revenue:  Provided further, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 14001.  Funds <<NOTE: Reimbursements.>>  appropriated in this 
title may be made available to restore amounts, either directly or 
through reimbursement, for obligations incurred to prevent, prepare for, 
and respond to coronavirus prior to the date of enactment of this Act.

[[Page 134 STAT. 526]]

    Sec. 14002. (a) Section 404 of the Bipartisan Budget Act of 2015 (42 
U.S.C. 6239 note) is amended--
            (1) in subsection (e), by striking ``2020'' and inserting 
        ``2022''; and
            (2) in subsection (g), by striking ``2020'' and inserting 
        ``2022''.

    (b) Title III of division C of the Further Consolidated 
Appropriations Act, 2020 (Public Law 116-94) <<NOTE: 42 USC 6241 
note.>>  is amended in the matter under the heading ``Department of 
Energy--Energy Programs--Strategic Petroleum Reserve'' by striking the 
three provisos before the final period and inserting the following:

    `` Provided, That, as authorized by section 404 of the Bipartisan 
Budget Act of 2015 (Public Law 114-74; 42 U.S.C. 6239 note), the 
Secretary of Energy shall draw down and sell not to exceed a total of 
$450,000,000 of crude oil from the Strategic Petroleum Reserve in fiscal 
year 2020, fiscal year 2021, or fiscal year 2022:  Provided further, 
That the proceeds from such drawdown and sale shall be deposited into 
the `Energy Security and Infrastructure Modernization Fund' during the 
fiscal year in which the sale occurs and shall be made available in such 
fiscal year, to remain available until expended, for necessary expenses 
to carry out the Life Extension II project for the Strategic Petroleum 
Reserve''.
    (c) The amount provided by this section is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.
    Sec. 14003.  Any discretionary appropriation for the Corps of 
Engineers derived from the Harbor Maintenance Trust Fund (not to exceed 
the total amount deposited in the Harbor Maintenance Trust Fund in the 
prior fiscal year) shall be subtracted from the estimate of 
discretionary budget authority and outlays for any estimate of an 
appropriations Act under the Congressional Budget and Impoundment 
Control Act of 1974 or the Balanced Budget and Emergency Deficit Control 
Act of 1985:  Provided, That <<NOTE: Effective date.>>  the 
modifications described in this section shall not take effect until the 
earlier of January 1, 2021 or the date of enactment of legislation 
authorizing the development of water resources and shall remain in 
effect thereafter.

    Sec. 14004.  Section 14321(a)(2)(B)(ii) of title 40, United States 
Code, is amended by inserting ``, except that a discretionary grant to 
respond to economic distress directly related to the impacts of the 
Coronavirus Disease 2019 (COVID-19) shall not be included in such 
aggregate amount'' before the period at the end.

                                 TITLE V

                       DEPARTMENT OF THE TREASURY

                        Internal Revenue Service

           administrative provision--internal revenue service

                      (including transfer of funds)

    Sec. 15001.  In addition to the amounts otherwise available to the 
Internal Revenue Service in fiscal year 2020, $250,000,000, to remain 
available until September 30, 2021, shall be available to prevent, 
prepare for, and respond to coronavirus, domestically

[[Page 134 STAT. 527]]

or internationally, including costs associated with the extended filing 
season and implementation of the Families First Coronavirus Response 
Act:  Provided, That such funds may be transferred by the Commissioner 
to the ``Taxpayer Services,'' ``Enforcement,'' or ``Operations Support'' 
accounts of the Internal Revenue Service for an additional amount to be 
used solely to prevent, prepare for, and respond to coronavirus, 
domestically or internationally:  Provided further, 
That <<NOTE: Notification.>>  the Committees on Appropriations of the 
House of Representatives and the Senate shall be notified in advance of 
any such transfer:  Provided further, That such transfer authority is in 
addition to any other transfer authority provided by law:  Provided 
further, That <<NOTE: Deadline. Spending plan.>>  not later than 30 days 
after the date of enactment of this Act, the Commissioner shall submit 
to the Committees on Appropriations of the House of Representatives and 
the Senate a spending plan for such funds:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                              THE JUDICIARY

                   Supreme Court of the United States

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $500,000, to 
prevent, prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

     Courts of Appeals, District Courts, and Other Judicial Services

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $6,000,000, 
to prevent, prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                            defender services

    For an additional amount for ``Defender Services'', $1,000,000, to 
remain available until expended, to prevent, prepare for, and respond to 
coronavirus, domestically or internationally:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                 administrative provision--the judiciary


             video teleconferencing for criminal proceedings


    Sec. 15002.  (a) <<NOTE: 18 USC 3001 note prec.>>  Definition.--In 
this section, the term ``covered emergency period'' means the period 
beginning on the date on

[[Page 134 STAT. 528]]

which the President declared a national emergency under the National 
Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the Coronavirus 
Disease 2019 (COVID-19) and ending on the date that is 30 days after the 
date on which the national emergency declaration terminates.

    (b) Video Teleconferencing for Criminal Proceedings.--
            (1) In general.--Subject to paragraphs (3), (4), and (5), if 
        the Judicial Conference of the United States finds that 
        emergency conditions due to the national emergency declared by 
        the President under the National Emergencies Act (50 U.S.C. 1601 
        et seq.) with respect to the Coronavirus Disease 2019 (COVID-19) 
        will materially affect the functioning of either the Federal 
        courts generally or a particular district court of the United 
        States, the chief judge of a district court covered by the 
        finding (or, if the chief judge is unavailable, the most senior 
        available active judge of the court or the chief judge or 
        circuit justice of the circuit that includes the district 
        court), upon application of the Attorney General or the designee 
        of the Attorney General, or on motion of the judge or justice, 
        may authorize the use of video teleconferencing, or telephone 
        conferencing if video teleconferencing is not reasonably 
        available, for the following events:
                    (A) Detention hearings under section 3142 of title 
                18, United States Code.
                    (B) Initial appearances under Rule 5 of the Federal 
                Rules of Criminal Procedure.
                    (C) Preliminary hearings under Rule 5.1 of the 
                Federal Rules of Criminal Procedure.
                    (D) Waivers of indictment under Rule 7(b) of the 
                Federal Rules of Criminal Procedure.
                    (E) Arraignments under Rule 10 of the Federal Rules 
                of Criminal Procedure.
                    (F) Probation and supervised release revocation 
                proceedings under Rule 32.1 of the Federal Rules of 
                Criminal Procedure.
                    (G) Pretrial release revocation proceedings under 
                section 3148 of title 18, United States Code.
                    (H) Appearances under Rule 40 of the Federal Rules 
                of Criminal Procedure.
                    (I) Misdemeanor pleas and sentencings as described 
                in Rule 43(b)(2) of the Federal Rules of Criminal 
                Procedure.
                    (J) Proceedings under chapter 403 of title 18, 
                United States Code (commonly known as the ``Federal 
                Juvenile Delinquency Act''), except for contested 
                transfer hearings and juvenile delinquency adjudication 
                or trial proceedings.
            (2) Felony pleas and sentencing.--
                    (A) In general.--Subject to paragraphs (3), (4), and 
                (5), if the Judicial Conference of the United States 
                finds that emergency conditions due to the national 
                emergency declared by the President under the National 
                Emergencies Act (50 U.S.C. 1601 et seq.) with respect to 
                the Coronavirus Disease 2019 (COVID-19) will materially 
                affect the functioning of either the Federal courts 
                generally or a particular district court of the United 
                States, the chief judge of a district court covered by 
                the finding (or, if the chief judge is unavailable, the 
                most senior available active judge of the court or the 
                chief judge or circuit justice of the circuit

[[Page 134 STAT. 529]]

                that includes the district court) specifically finds, 
                upon application of the Attorney General or the designee 
                of the Attorney General, or on motion of the judge or 
                justice, that felony pleas under Rule 11 of the Federal 
                Rules of Criminal Procedure and felony sentencings under 
                Rule 32 of the Federal Rules of Criminal Procedure 
                cannot be conducted in person without seriously 
                jeopardizing public health and safety, and the district 
                judge in a particular case finds for specific reasons 
                that the plea or sentencing in that case cannot be 
                further delayed without serious harm to the interests of 
                justice, the plea or sentencing in that case may be 
                conducted by video teleconference, or by telephone 
                conference if video teleconferencing is not reasonably 
                available.
                    (B) Applicability to juveniles.--The video 
                teleconferencing and telephone conferencing authority 
                described in subparagraph (A) shall apply with respect 
                to equivalent plea and sentencing, or disposition, 
                proceedings under chapter 403 of title 18, United States 
                Code (commonly known as the ``Federal Juvenile 
                Delinquency Act'').
            (3) <<NOTE: Time periods.>>  Review.--
                    (A) In general.--On the date that is 90 days after 
                the date on which an authorization for the use of video 
                teleconferencing or telephone conferencing under 
                paragraph (1) or (2) is issued, if the emergency 
                authority has not been terminated under paragraph (5), 
                the chief judge of the district court (or, if the chief 
                judge is unavailable, the most senior available active 
                judge of the court or the chief judge or circuit justice 
                of the circuit that includes the district court) to 
                which the authorization applies shall review the 
                authorization and determine whether to extend the 
                authorization.
                    (B) Additional review.--If an authorization is 
                extended under subparagraph (A), the chief judge of the 
                district court (or, if the chief judge is unavailable, 
                the most senior available active judge of the court or 
                the chief judge or circuit justice of the circuit that 
                includes the district court) to which the authorization 
                applies shall review the extension of authority not less 
                frequently than once every 90 days until the earlier 
                of--
                          (i) <<NOTE: Determination.>>  the date on 
                      which the chief judge (or other judge or justice) 
                      determines the authorization is no longer 
                      warranted; or
                          (ii) the date on which the emergency authority 
                      is terminated under paragraph (5).
            (4) Consent.--Video teleconferencing or telephone 
        conferencing authorized under paragraph (1) or (2) may only take 
        place with the consent of the defendant, or the juvenile, after 
        consultation with counsel.
            (5) Termination of emergency authority.--The authority 
        provided under paragraphs (1), (2), and (3), and any specific 
        authorizations issued under those paragraphs, shall terminate on 
        the earlier of--
                    (A) the last day of the covered emergency period; or
                    (B) the date on which the Judicial Conference of the 
                United States finds that emergency conditions due to the 
                national emergency declared by the President under the

[[Page 134 STAT. 530]]

                National Emergencies Act (50 U.S.C. 1601 et seq.) with 
                respect to the Coronavirus Disease 2019 (COVID-19) no 
                longer materially affect the functioning of either the 
                Federal courts generally or the district court in 
                question.
            (6) National emergencies generally.--The Judicial Conference 
        of the United States and the Supreme Court of the United States 
        shall consider rule amendments under chapter 131 of title 28, 
        United States Code (commonly known as the ``Rules Enabling 
        Act''), that address emergency measures that may be taken by the 
        Federal courts when the President declares a national emergency 
        under the National Emergencies Act (50 U.S.C. 1601 et seq.).
            (7) Rule of construction.--Nothing in this subsection shall 
        obviate a defendant's right to counsel under the Sixth Amendment 
        to the Constitution of the United States, any Federal statute, 
        or the Federal Rules of Criminal Procedure.

    (c) The amount provided by this section is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                          DISTRICT OF COLUMBIA

                              Federal Funds

    federal payment for emergency planning and security costs in the 
                          district of columbia

    For an additional amount for ``Federal Payment for Emergency 
Planning and Security Costs in the District of Columbia'', $5,000,000, 
to remain available until expended, to prevent, prepare for, and respond 
to coronavirus, domestically or internationally:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                          INDEPENDENT AGENCIES

                     Election Assistance Commission

                        election security grants

    For an additional amount for ``Election Security Grants'', 
$400,000,000, to prevent, prepare for, and respond to coronavirus, 
domestically or internationally, for the 2020 Federal election cycle:  
Provided, That <<NOTE: State and local governments. Reports.>>  a State 
receiving a payment with funds provided under this heading in this Act 
shall provide to the Election Assistance Commission, within 20 days of 
each election in the 2020 Federal election cycle in that State, a report 
that includes a full accounting of the State's uses of the payment and 
an explanation of how such uses allowed the State to prevent, prepare 
for, and respond to coronavirus:  Provided further, 
That, <<NOTE: Reports.>>  within 3 days of its receipt of a report 
required in the preceding proviso, the Election Assistance Commission 
will transmit the report to the Committee on Appropriations and the 
Committee on House Administration of the House of Representatives and 
the Committee on Appropriations and the Committee on Rules and 
Administration of the Senate:

[[Page 134 STAT. 531]]

 Provided further, That <<NOTE: Deadline. Payments.>>  not later than 30 
days after the date of enactment of this Act, the Election Assistance 
Commission shall make the payments to States under this heading:  
Provided further, That any portion of a payment made to a State with 
funds provided under this heading in this Act which is unobligated on 
December 31, 2020 shall be returned to the Treasury:  Provided further, 
That such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                    Federal Communications Commission

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$200,000,000, to remain available until expended, to prevent, prepare 
for, and respond to coronavirus, domestically or internationally, 
including to support efforts of health care providers to address 
coronavirus by providing telecommunications services, information 
services, and devices necessary to enable the provision of telehealth 
services during an emergency period, as defined in section 1135(g)(1) of 
the Social Security Act (42 U.S.C. 1320b-5(g)(1)):  Provided, That the 
Federal Communications Commission may rely on the rules of the 
Commission under part 54 of title 47, Code of Federal Regulations, in 
administering the amount provided under the heading in this Act if the 
Commission determines that such administration is in the public 
interest:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                     General Services Administration

                        real property activities

                         federal buildings fund

                     (including transfers of funds)

    For an additional amount to be deposited in the ``Federal Buildings 
Fund'', $275,000,000, to remain available until expended, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That <<NOTE: Reimbursements.>>  the amount 
provided under this heading in this Act may be used to reimburse the 
Fund for obligations incurred for this purpose prior to the date of the 
enactment of this Act:  Provided further, That such amount may be 
transferred to, and merged with, accounts within the Federal Buildings 
Fund in amounts necessary to cover costs incurred to prevent, prepare 
for, and respond to coronavirus, domestically or internationally:  
Provided further, That <<NOTE: Notification. Time period.>>  the 
Administrator of General Services shall notify the Committees on 
Appropriations of the House of Representatives and the Senate quarterly 
on the obligations and expenditures of the funds provided by this Act by 
account of the Federal Buildings Fund:  Provided further, That funds 
made available to the Administrator in this or any previous Act shall 
not be subject to section 3307 of title 40, United States Code, for the 
acquisition of space necessary to prevent, prepare for, or respond to 
coronavirus, domestically or internationally:  Provided further, That no 
action taken

[[Page 134 STAT. 532]]

by the Administrator to acquire real property and interests in real 
property or to improve real property in response to coronavirus shall be 
deemed a Federal action or undertaking and subject to review under the 
National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et 
seq.), or the National Historic Preservation Act of 1966, as amended (54 
U.S.C. 300101 et seq.), respectively:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                           general activities

                      federal citizen services fund

                      (including transfer of funds)

    For an additional amount to be deposited in the ``Federal Citizen 
Services Fund'', $18,650,000, to remain available until expended, to 
prevent, prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                          working capital fund

    For an additional amount for ``Working Capital Fund'', $1,500,000, 
to remain available until expended, to prevent, prepare for, and respond 
to coronavirus, domestically or internationally:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

        administrative provision--general services administration

    Sec. 15003.  
Notwithstanding <<NOTE: Determination. Notification. Deadline. Contract. 
41 USC 3304 note.>>  41 U.S.C. 3304(a)(7)(B), the Administrator, when 
making a determination that use of noncompetitive procedures is 
necessary for public interest in accordance with 41 U.S.C. 3304(a)(7)(A) 
in response to a public health emergency declaration by the Secretary of 
Health and Human Services under section 319 of the Public Health Service 
Act (42 U.S.C. 247(d)), is required to notify Congress in writing of 
that determination not less than 3 days prior to the award of the 
contract.

              National Archives and Records Administration

                           operating expenses

    For an additional amount for ``Operating Expenses'', $8,100,000, to 
remain available until September 30, 2021, to prevent, prepare for, and 
respond to coronavirus, domestically or internationally:  Provided, That 
the amount provided under this heading in this Act may be used to 
provide expenses of the Federal Records Center Program for preventing, 
preparing for, and responding to coronavirus, domestically or 
internationally:  Provided further, That

[[Page 134 STAT. 533]]

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

                     Office of Personnel Management

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $12,100,000, 
to remain available until September 30, 2021, to prevent, prepare for, 
and respond to coronavirus, domestically or internationally, including 
technologies for digital case management, short-term methods to allow 
electronic submissions of retirement application packages in support of 
paper-based business operations, and increased telecommunications:  
Provided, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

               Pandemic Response Accountability Committee

    For an additional amount for ``Pandemic Response Accountability 
Committee'', $80,000,000, to remain available until expended, to promote 
transparency and support oversight of funds provided in this Act to 
prevent, prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                      Small Business Administration

                     disaster loans program account

                     (including transfers of funds)

    For an additional amount for the ``Disaster Loans Program Account'', 
$562,000,000, to remain available until expended, to prevent, prepare 
for, and respond to coronavirus, domestically or internationally, for 
the cost of direct loans authorized by section 7(b) of the Small 
Business Act and for administrative expenses to carry out the disaster 
loan program authorized by section 7(b) of the Small Business Act:  
Provided, That the amounts provided under this heading in this Act may 
be transferred to, and merged with, ``Small Business Administration--
Salaries and Expenses'' to prevent, prepare for, and respond to 
coronavirus, domestically or internationally:  Provided further, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE


               pandemic response accountability committee


    Sec. 15010.  (a) <<NOTE: Definitions. 5 USC app. 11 note.>>  In this 
section--
            (1) the term ``agency'' has the meaning given the term in 
        section 551 of title 5, United States Code;

[[Page 134 STAT. 534]]

            (2) the term ``appropriate congressional committees'' 
        means--
                    (A) the Committees on Appropriations of the Senate 
                and the House of Representatives;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (C) the Committee on Oversight and Reform of the 
                House of Representatives; and
                    (D) any other relevant congressional committee of 
                jurisdiction;
            (3) the term ``Chairperson'' means the Chairperson of the 
        Committee;
            (4) the term ``Council'' means the Council of the Inspectors 
        General on Integrity and Efficiency established under section 11 
        of the Inspector General Act of 1978 (5 U.S.C. App);
            (5) the term ``Committee'' means the Pandemic Response 
        Accountability Committee established under subsection (b);
            (6) the term ``covered funds'' means any funds, including 
        loans, that are made available in any form to any non-Federal 
        entity, not including an individual, under--
                    (A) this Act;
                    (B) the Coronavirus Preparedness and Response 
                Supplemental Appropriations Act, 2020 (Public Law 116-
                123);
                    (C) the Families First Coronavirus Response Act 
                (Public Law 116-127); or
                    (D) any other Act primarily making appropriations 
                for the Coronavirus response and related activities; and
            (7) the term ``Coronavirus response'' means the Federal 
        Government's response to the nationwide public health emergency 
        declared by the Secretary of Health and Human Services, 
        retroactive to January 27, 2020, pursuant to section 319 of the 
        Public Health Service Act (42 U.S.C. 247d), as a result of 
        confirmed cases of the novel coronavirus (COVID-19) in the 
        United States.

    (b) <<NOTE: Establishment.>> There is established within the Council 
the Pandemic Response Accountability Committee to promote transparency 
and conduct and support oversight of covered funds and the Coronavirus 
response to--
            (1) prevent and detect fraud, waste, abuse, and 
        mismanagement; and
            (2) mitigate major risks that cut across program and agency 
        boundaries.

    (c)(1) The Chairperson of the Committee shall be selected by the 
Chairperson of the Council from among Inspectors General described in 
subparagraphs (B), (C), and (D) of paragraph (2) with experience 
managing oversight of large organizations and expenditures.
    (2) The members of the Committee shall include--
            (A) the Chairperson;
            (B) the Inspectors General of the Departments of Defense, 
        Education, Health and Human Services, Homeland Security, 
        Justice, Labor, and the Treasury;
            (C) the Inspector General of the Small Business 
        Administration;
            (D) the Treasury Inspector General for Tax Administration; 
        and

[[Page 134 STAT. 535]]

            (E) any other Inspector General, as designated by the 
        Chairperson from any agency that expends or obligates covered 
        funds or is involved in the Coronavirus response.

    (3)(A) There shall be an Executive Director and a Deputy Executive 
Director of the Committee.
    (B)(i)(I) <<NOTE: Deadlines. Appointments. Consultations.>>  Not 
later than 30 days after the date of enactment of this Act, the 
Executive Director of the Committee shall be appointed by the 
Chairperson of the Council, in consultation with the majority leader of 
the Senate, the Speaker of the House of Representatives, the minority 
leader of the Senate, and the minority leader of the House of 
Representatives.

    (II) Not later than 90 days after the date of enactment of this Act, 
the Deputy Executive Director of the Committee shall be appointed by the 
Chairperson of the Council, in consultation with the majority leader of 
the Senate, the Speaker of the House of Representatives, the minority 
leader of the Senate, the minority leader of the House of 
Representatives, and the Executive Director of the Committee.
    (ii) The Executive Director and the Deputy Executive Director of the 
Committee shall--
            (I) have demonstrated ability in accounting, auditing, and 
        financial analysis;
            (II) have experience managing oversight of large 
        organizations and expenditures; and
            (III) be full-time employees of the Committee.

    (C) The Executive Director of the Committee shall--
            (i) report directly to the Chairperson;
            (ii) appoint staff of the Committee, subject to the approval 
        of the Chairperson, consistent with subsection (f);
            (iii) supervise and coordinate Committee functions and 
        staff; and
            (iv) perform any other duties assigned to the Executive 
        Director by the Committee.

    (4)(A) Members of the Committee may not receive additional 
compensation for services performed.
    (B) The Executive Director and Deputy Executive Director of the 
Committee shall be compensated at the rate of basic pay prescribed for 
level IV of the Executive Schedule under section 5315 of title 5, United 
States Code.
    (d)(1)(A) <<NOTE: Coordination.>>  The Committee shall conduct and 
coordinate oversight of covered funds and the Coronavirus response and 
support Inspectors General in the oversight of covered funds and the 
Coronavirus response in order to--
            (i) detect and prevent fraud, waste, abuse, and 
        mismanagement; and
            (ii) identify major risks that cut across programs and 
        agency boundaries.

    (B) <<NOTE: Reviews.>>  The functions of the Committee shall 
include--
            (i) <<NOTE: Strategic plan.>>  developing a strategic plan 
        to ensure coordinated, efficient, and effective comprehensive 
        oversight by the Committee and Inspectors General over all 
        aspects of covered funds and the Coronavirus response;
            (ii) <<NOTE: Audits.>>  auditing or reviewing covered funds, 
        including a comprehensive audit and review of charges made to 
        Federal contracts pursuant to authorities provided in the 
        Coronavirus Aid, Relief, and Economic Security Act, to determine 
        whether wasteful spending, poor contract or grant management, or 
        other

[[Page 134 STAT. 536]]

        abuses are occurring and referring matters the Committee 
        considers appropriate for investigation to the Inspector General 
        for the agency that disbursed the covered funds, including 
        conducting randomized audits to identify fraud;
            (iii) reviewing whether the reporting of contracts and 
        grants using covered funds meets applicable standards and 
        specifies the purpose of the contract or grant and measures of 
        performance;
            (iv) reviewing the economy, efficiency, and effectiveness in 
        the administration of, and the detection of fraud, waste, abuse, 
        and mismanagement in, Coronavirus response programs and 
        operations;
            (v) reviewing whether competition requirements applicable to 
        contracts and grants using covered funds have been satisfied;
            (vi) serving as a liaison to the Director of the Office of 
        Management and Budget, the Secretary of the Treasury, and other 
        officials responsible for implementing the Coronavirus response;
            (vii) reviewing whether there are sufficient qualified 
        acquisition, grant, and other applicable personnel overseeing 
        covered funds and the Coronavirus response;
            (viii) reviewing whether personnel whose duties involve the 
        Coronavirus response or acquisitions or grants made with covered 
        funds or are otherwise related to the Coronavirus response 
        receive adequate training, technology support, and other 
        resources;
            (ix) reviewing whether there are appropriate mechanisms for 
        interagency collaboration relating to the oversight of covered 
        funds and the Coronavirus response, including coordinating and 
        collaborating to the extent practicable with State and local 
        government entities;
            (x) <<NOTE: Reports.>>  expeditiously reporting to the 
        Attorney General any instance in which the Committee has 
        reasonable grounds to believe there has been a violation of 
        Federal criminal law; and
            (xi) <<NOTE: Coordination.>>  coordinating and supporting 
        Inspectors General on matters related to oversight of covered 
        funds and the Coronavirus response.

    (2)(A)(i) <<NOTE: Reports.>>  The Committee shall submit to the 
President and Congress, including the appropriate congressional 
committees, management alerts on potential management, risk, and funding 
problems that require immediate attention.

    (ii) The Committee shall submit to Congress such other reports or 
provide such periodic updates on the work of the Committee as the 
Committee considers appropriate on the use of covered funds and the 
Coronavirus response.
    (B) The Committee shall submit biannual reports to the President and 
Congress, including the appropriate congressional committees, and may 
submit additional reports as appropriate--
            (i) summarizing the findings of the Committee; and
            (ii) identifying and quantifying the impact of any tax 
        expenditures or credits authorized under this Act to the extent 
        practicable.

    (C)(i) <<NOTE: Public information. Web posting.>>  All reports 
submitted under this paragraph shall be made publicly available and 
posted on the website established under subsection (g).

[[Page 134 STAT. 537]]

    (ii) Any portion of a report submitted under this paragraph may be 
redacted when made publicly available, if that portion would disclose 
information that is not subject to disclosure under sections 552 and 
552a of title 5, United States Code, or is otherwise prohibited from 
disclosure by law.
    (3)(A) <<NOTE: Recommenda- tions.>>  The Committee shall make 
recommendations to agencies on measures to prevent or address fraud, 
waste, abuse and mismanagement, and to mitigate risks that cut across 
programs and agency boundaries, relating to covered funds and the 
Coronavirus response.

    (B) <<NOTE: Reports.>>  Not later than 30 days after receipt of a 
recommendation under subparagraph (A), an agency shall submit a report 
to the President and the appropriate congressional committees on--
            (i) whether the agency agrees or disagrees with the 
        recommendations; and
            (ii) any actions the agency will take to implement the 
        recommendations, which shall also be included in the report 
        required under section 2(b) of the GAO-IG Act (31 U.S.C. 1105 
        note).

    (e)(1) <<NOTE: Audits. Reviews. Coordination.>>  The Committee shall 
conduct audits and reviews of programs, operations, and expenditures 
relating to covered funds and the Coronavirus response and coordinate on 
such activities with the Inspector General of the relevant agency to 
avoid unnecessary duplication and overlap of work.

    (2) The Committee may--
            (A) conduct its own independent investigations, audits, and 
        reviews relating to covered funds or the Coronavirus response;
            (B) collaborate on audits and reviews relating to covered 
        funds with any Inspector General of an agency; and
            (C) provide support to relevant agency Inspectors General in 
        conducting investigations, audits, and reviews relating to the 
        covered funds and Coronavirus response.

    (3)(A) In conducting and supporting investigations, audits, and 
reviews under this subsection, the Committee--
            (i) shall have the authorities provided under section 6 of 
        the Inspector General Act of 1978 (5 U.S.C. App.);
            (ii) may issue subpoenas to compel the testimony of persons 
        who are not Federal officers or employees; and
            (iii) may enforce such subpoenas in the event of a refusal 
        to obey by order of any appropriate United States district court 
        as provided for under section 6 of the Inspector General Act of 
        1978 (5 U.S.C. App).

    (B) The Committee shall carry out the powers under paragraphs (1) 
and (2) in accordance with section 4(b)(1) of the Inspector General Act 
of 1978 (5 U.S.C. App.).
    (C) <<NOTE: Reports.>>  Whenever information or assistance requested 
by the Committee or an Inspector General is unreasonably refused or not 
provided, the Committee shall immediately report the circumstances to 
the appropriate congressional committees.

    (D) The Committee shall leverage existing information technology 
resources within the Council, such as oversight.gov, to carry out the 
duties of the Committee.
    (4)(A) The Committee may hold public hearings and Committee 
personnel may conduct necessary inquiries.
    (B) The head of each agency shall make all officers and employees of 
that agency available to provide testimony to the Committee and 
Committee personnel.

[[Page 134 STAT. 538]]

    (C) The Committee may issue subpoenas to compel the testimony of 
persons who are not Federal officers or employees at such public 
hearings, which may be enforced in the same manner as provided for 
subpoenas under section 6 of the Inspector General Act of 1978 (5 U.S.C. 
App.).
    (5) <<NOTE: Contracts.>>  The Committee may enter into contracts to 
enable the Committee to discharge its duties, including contracts and 
other arrangements for audits, studies, analyses, and other services 
with public agencies and with private persons, and make such payments as 
may be necessary to carry out the duties of the Committee.

    (6) The Committee may establish subcommittees to facilitate the 
ability of the Committee to discharge its duties.
    (7) The Committee may transfer funds appropriated to the Committee 
for expenses to support administrative support services and audits, 
reviews, or other activities related to oversight by the Committee of 
covered funds or the Coronavirus response to any Office of the Inspector 
General or the General Services Administration.
    (f)(1)(A)(i) Subject to subparagraph (B), the Committee may exercise 
the authorities of subsections (b) through (i) of section 3161 of title 
5, United States Code (without regard to subsection (a) of that section) 
to carry out the functions of the Committee under this section.
    (ii) For purposes of exercising the authorities described under 
clause (i), the term ``Chairperson'' shall be substituted for the term 
``head of a temporary organization''.
    (iii) <<NOTE: Consultation.>>  In exercising the authorities 
described in clause (i), the Chairperson shall consult with members of 
the Committee.

    (iv) In addition to the authority provided by section 3161(c) of 
title 5, United States Code, upon the request of an Inspector General, 
the Committee may detail, on a nonreimbursable basis, any personnel of 
the Council to that Inspector General to assist in carrying out any 
audit, review, or investigation pertaining to the oversight of covered 
funds or the Coronavirus response.
    (B) In exercising the employment authorities under section 3161(b) 
of title 5, United States Code, as provided under subparagraph (A) of 
this paragraph--
            (i) section 3161(b)(2) of that title (relating to periods of 
        appointments) shall not apply; and
            (ii) no period of appointment may exceed the date on which 
        the Committee terminates.

    (C)(i) A person employed by the Committee shall acquire competitive 
status for appointment to any position in the competitive service for 
which the employee possesses the required qualifications upon the 
completion of 2 years of continuous service as an employee under this 
subsection.
    (ii) No person who is first employed as described in clause (i) more 
than 2 years after the date of enactment of this Act may acquire 
competitive status under clause (i).
    (2)(A) The Committee may employ annuitants covered by section 
9902(g) of title 5, United States Code, for purposes of the oversight of 
covered funds or the Coronavirus response.
    (B) The employment of annuitants under this paragraph shall be 
subject to the provisions of section 9902(g) of title 5, United States 
Code, as if the Committee was the Department of Defense.
    (3) Upon request of the Committee for information or assistance from 
any agency or other entity of the Federal Government, the

[[Page 134 STAT. 539]]

head of such entity shall, insofar as is practicable and not in 
contravention of any existing law, and consistent with section 6 of the 
Inspector General Act of 1978 (5 U.S.C. App.), furnish such information 
or assistance to the Committee, or an authorized designee, including an 
Inspector General designated by the Chairperson.
    (4) Any Inspector General responsible for conducting oversight 
related to covered funds or the Coronavirus response may, consistent 
with the duties, responsibilities, policies, and procedures of the 
Inspector General, provide information requested by the Committee or an 
Inspector General on the Committee relating to the responsibilities of 
the Committee.
    (g)(1)(A) <<NOTE: Deadline. Website.>>  Not later than 30 days after 
the date of enactment of this Act, the Committee shall establish and 
maintain a user-friendly, public-facing website to foster greater 
accountability and transparency in the use of covered funds and the 
Coronavirus response, which shall have a uniform resource locator that 
is descriptive and memorable.

    (B) The Committee shall leverage existing information technology and 
resources, such as oversight.gov, to the greatest extent practicable to 
meet the requirements under this section.
    (2) The website established and maintained under paragraph (1) shall 
be a portal or gateway to key information relating to the oversight of 
covered funds and the Coronavirus response and provide connections to 
other Government websites with related information.
    (3) In establishing and maintaining the website under paragraph (1), 
the Committee shall ensure the following:
            (A) The website shall provide materials and information 
        explaining the Coronavirus response and how covered funds are 
        being used. The materials shall be easy to understand and 
        regularly updated.
            (i) The website shall provide accountability information, 
        including findings from Inspectors General, including any 
        progress reports, audits, inspections, or other reports, 
        including reports from or links to reports on the website of the 
        Government Accountability Office.
            (ii) <<NOTE: Data.>>  The website shall provide data on 
        relevant operational, economic, financial, grant, subgrant, 
        contract, and subcontract information in user-friendly visual 
        presentations to enhance public awareness of the use of covered 
        funds and the Coronavirus response.
            (iii) <<NOTE: Data.>>  The website shall provide detailed 
        data on any Federal Government awards that expend covered funds, 
        including a unique trackable identification number for each 
        project, information about the process that was used to award 
        the covered funds, and for any covered funds over $150,000, a 
        detailed explanation of any associated agreement, where 
        applicable.
            (iv) The website shall include downloadable, machine-
        readable, open format reports on covered funds obligated by 
        month to each State and congressional district, where 
        applicable.
            (v) The website shall provide a means for the public to give 
        feedback on the performance of any covered funds and of the 
        Coronavirus response, including confidential feedback.
            (vi) The website shall include detailed information on 
        Federal Government awards that expend covered funds, including

[[Page 134 STAT. 540]]

        data elements required under the Federal Funding Accountability 
        and Transparency Act of 2006 (31 U.S.C. 6101 note), allowing 
        aggregate reporting on awards below $50,000, as prescribed by 
        the Director of the Office of Management and Budget.
            (vii) The website shall provide a link to estimates of the 
        jobs sustained or created by this Act to the extent practicable.
            (viii) The website shall include appropriate links to other 
        government websites with information concerning covered funds 
        and the Coronavirus response, including Federal agency and State 
        websites.
            (ix) <<NOTE: Plan.>>  The website shall include a plan from 
        each Federal agency for using covered funds.
            (x) The website shall provide information on Federal 
        allocations of mandatory and other entitlement programs by 
        State, county, or other geographical unit related to covered 
        funds or the Coronavirus response.
            (xi) The website shall present the data such that funds 
        subawarded by recipients are not double counted in search 
        results, data visualizations, or other reports.
            (xii) <<NOTE: Recommenda- tions.>>  The website shall 
        include all recommendations made to agencies relating to covered 
        funds and the Coronavirus response, as well as the status of 
        each recommendation.
            (xiii) The website shall be enhanced and updated as 
        necessary to carry out the purposes of this section.

    (4) The Committee may exclude posting contractual or other 
information on the website on a case-by-case basis when necessary to 
protect national security or to protect information that is not subject 
to disclosure under sections 552 and 552a of title 5, United States 
Code.
    (h)(1) Nothing in this section shall affect the independent 
authority of an Inspector General to determine whether to conduct an 
audit or investigation of covered funds or the Coronavirus response.
    (2) <<NOTE: Reports.>>  If the Committee requests that an Inspector 
General of an agency conduct or refrain from conducting an audit or 
investigation and the Inspector General rejects the request in whole or 
in part, the Inspector General shall, not later than 30 days after 
rejecting the request, submit a report to the Committee, the head of the 
applicable agency, and the appropriate congressional committees, that 
states the reasons that the Inspector General has rejected the request 
in whole or in part.

    (i) <<NOTE: Coordination.>>  The Committee shall coordinate its 
oversight activities with the Comptroller General of the United States 
and State auditors.

    (j) For the purposes of carrying out the mission of the Committee 
under this section, there are authorized to be appropriated such sums as 
may be necessary to carry out the duties and functions of the Committee.
    (k) <<NOTE: Termination date.>>  The Committee shall terminate on 
September 30, 2025.


                        reporting on use of funds


    Sec. 15011.  (a) <<NOTE: 31 USC 6101 note. Definitions.>>  In this 
section--
            (1) the terms ``agency'', ``appropriate congressional 
        committees'', ``Committee'', ``covered funds'', and 
        ``Coronavirus response'' have the meanings given those terms in 
        section 15010;
            (2) the term ``covered recipient''--

[[Page 134 STAT. 541]]

                    (A) means any entity that receives large covered 
                funds; and
                    (B) includes any State, the District of Columbia, 
                and any territory or possession of the United States; 
                and
            (3) the term ``large covered funds'' means covered funds 
        that amount to more than $150,000.

    (b)(1)(A) On a monthly basis until September 30, 2021, each agency 
shall report to the Director of the Office of Management and Budget, the 
Bureau of Fiscal Service in the Department of the Treasury, the 
Committee, and the appropriate congressional committees on any 
obligation or expenditure of large covered funds, including loans and 
awards.
    (B) <<NOTE: Deadline. Plan.>>  Not later than 90 days after the date 
of enactment of this Act, each agency shall submit to the Committee a 
plan describing how the agency will use covered funds.

    (2) Not later than 10 days after the end of each calendar quarter, 
each covered recipient shall submit to the agency and the Committee a 
report that contains--
            (A) the total amount of large covered funds received from 
        the agency;
            (B) the amount of large covered funds received that were 
        expended or obligated for each project or activity;
            (C) <<NOTE: List.>>  a detailed list of all projects or 
        activities for which large covered funds were expended or 
        obligated, including--
                    (i) the name of the project or activity;
                    (ii) a description of the project or activity; and
                    (iii) the estimated number of jobs created or 
                retained by the project or activity, where applicable; 
                and
            (D) <<NOTE: Contracts. Grants.>>  detailed information on 
        any level of subcontracts or subgrants awarded by the covered 
        recipient or its subcontractors or subgrantees, to include the 
        data elements required to comply with the Federal Funding 
        Accountability and Transparency Act of 2006 (31 U.S.C. 6101 
        note) allowing aggregate reporting on awards below $50,000 or to 
        individuals, as prescribed by the Director of the Office of 
        Management and Budget.

    (3) <<NOTE: Consultation. Public information. Web posting.>>  Not 
later than 30 days after the end of each calendar quarter, the 
Committee, in consultation with the agency that made large covered funds 
available to any covered recipient shall make the information in reports 
submitted under paragraph (2) publicly available by posting the 
information on the website established under section 15010(g).

    (4)(A) <<NOTE: Coordination.>>  Each agency, in coordination with 
the Committee and the Director of the Office of Management and Budget 
shall provide user-friendly means for covered recipients to meet 
requirements of this subsection.

    (B) Federal agencies may use existing mechanisms to ensure that 
information under this subsection is reported accurately.
    (c)(1) <<NOTE: Consultation. Web posting.>>  The Director of the 
Office of Management and Budget, in consultation with the Secretary of 
the Treasury, the Administrator of the Small Business Administration, 
and the Chairperson of the Council of Economic Advisors, shall submit to 
the appropriate congressional committees and publicly release on the 
website established under section 15010(g) quarterly reports that detail 
the impact of programs funded through large covered funds on employment, 
estimated economic growth, and other key economic indicators, including 
information about impacted industries.

[[Page 134 STAT. 542]]

    (2)(A) The first report submitted under paragraph (1) shall be 
submitted not later than 45 days after the end of the first full quarter 
following the date of enactment of this Act.
    (B) The last report required to be submitted under paragraph (1) 
shall apply to the quarter in which the Committee terminates.

                                TITLE VI

                     DEPARTMENT OF HOMELAND SECURITY

                         Management Directorate

                         operations and support

    For an additional amount for ``Operations and Support'', 
$178,300,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally, which shall be for the purchase of personal protective 
equipment and sanitization materials:  Provided, That funds provided 
under this heading in this Act may be transferred by the Secretary of 
Homeland Security between appropriations in the Department only for the 
purchase of personal protective equipment and sanitization materials to 
prevent, prepare for, and respond to coronavirus, domestically or 
internationally:  Provided further, That none of the funds made 
available under this heading may be transferred pursuant to the 
authority in section 503 of the Department of Homeland Security 
Appropriations Act, 2020:  Provided further, 
That <<NOTE: Notification. Deadline.>>  the Department shall provide 
notice of any transfer to the Committees on Appropriations of the Senate 
and the House of Representatives not later than 5 days after executing 
such transfer:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                 Transportation Security Administration

                         operations and support

    For an additional amount for ``Operations and Support'', 
$100,000,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally, which shall be for cleaning and sanitization at 
checkpoints and other airport common areas; overtime and travel costs; 
and explosive detection materials:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                        United States Coast Guard

                         operations and support

    For an additional amount for ``Operations and Support'', 
$140,800,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally, which shall be for mobilization of reservists and 
increasing the capability and capacity of Coast Guard information

[[Page 134 STAT. 543]]

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

            Cybersecurity and Infrastructure Security Agency

                         operations and support

    For an additional amount for ``Operations and Support'', $9,100,000, 
to remain available until September 30, 2021, to prevent, prepare for, 
and respond to coronavirus, domestically or internationally, which shall 
be for support of interagency critical infrastructure coordination and 
related activities:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                   Federal Emergency Management Agency

                         operations and support

    For an additional amount for ``Operations and Support'', 
$44,987,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally, which shall be for enhancements to information 
technology and for facilities support:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                          disaster relief fund

    For an additional amount for ``Disaster Relief Fund'', 
$45,000,000,000, to remain available until expended:  Provided, That of 
the amount provided under this heading in this Act, $25,000,000,000 
shall be for major disasters declared pursuant to the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.):  
Provided further, That of the amount provided under this heading in this 
Act, $15,000,000,000 may be used for all purposes authorized under such 
Act and may be used in addition to amounts designated by the Congress as 
being for disaster relief pursuant to section 251(b)(2)(D) of the 
Balanced Budget and Emergency Deficit Control Act of 1985:  Provided 
further, That <<NOTE: Time periods. Costs.>>  every 30 days the 
Administrator shall provide the Committees on Appropriations of the 
Senate and the House of Representatives both projected and actual costs 
for funds provided under this heading for major disasters and any other 
expenses:  Provided further, That of the amounts provided under this 
heading, $3,000,000 shall be transferred to ``Office of Inspector 
General'' and shall remain available until expended for oversight of 
activities supported by funds provided under this heading:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

[[Page 134 STAT. 544]]

                           federal assistance

    For an additional amount for ``Federal Assistance'', $400,000,000, 
to remain available until September 30, 2021, to prevent, prepare for, 
and respond to coronavirus, domestically or internationally:  Provided, 
That of the amount provided under this heading in this Act, $100,000,000 
shall be for Assistance to Firefighter Grants for the purchase of 
personal protective equipment and related supplies, including 
reimbursements; $100,000,000 shall be for Emergency Management 
Performance Grants; and $200,000,000 shall be for the Emergency Food and 
Shelter Program:  Provided further, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 16001.  Notwithstanding any other provision of law, funds made 
available under each heading in this title, except for ``Federal 
Emergency Management Agency--Disaster Relief Fund'', shall only be used 
for the purposes specifically described under that heading.
    Sec. 16002.  Notwithstanding any other provision of law, any amounts 
appropriated for ``Federal Emergency Management Agency--Disaster Relief 
Fund'' in this Act are available only for the purposes for which they 
were appropriated.
    Sec. 16003. (a) <<NOTE: 5 USC 5547 note.>>  Premium Pay Authority.--
If services performed during fiscal year 2020 are determined by the head 
of the agency to be primarily related to preparation, prevention, or 
response to coronavirus, any premium pay that is funded, either directly 
or through reimbursement, by the Federal Emergency Management Agency 
shall be exempted from the aggregate of basic pay and premium pay 
calculated under section 5547(a) of title 5, United States Code, and any 
other provision of law limiting the aggregate amount of premium pay 
payable on a biweekly or calendar year basis.

    (b) Overtime Authority.--Any overtime that is funded for such 
services described in subsection (a), either directly or through 
reimbursement, by the Federal Emergency Management Agency shall be 
exempted from any annual limit on the amount of overtime payable in a 
calendar or fiscal year.
    (c) Applicability of Aggregate Limitation on Pay.--In determining 
whether an employee's pay exceeds the applicable annual rate of basic 
pay payable under section 5307 of title 5, United States Code, the head 
of an Executive agency shall not include pay exempted under this 
section.
    (d) Limitation of Pay Authority.--Pay exempted from otherwise 
applicable limits under subsection (a) shall not cause the aggregate pay 
earned for the calendar year in which the exempted pay is earned to 
exceed the rate of basic pay payable for a position at level II of the 
Executive Schedule under section 5313 of title 5, United States Code.
    (e) Effective Date.--This section shall take effect as if enacted on 
January 1, 2020.
    Sec. 16004. (a) Amounts provided for ``Coast Guard--Operations and 
Support'' in the Consolidated Appropriations Act, 2020 (Public Law 116-
93) may be available for pay and benefits of

[[Page 134 STAT. 545]]

Coast Guard Yard and Vessel Documentation personnel, Non-Appropriated 
Funds personnel, and for Morale, Welfare and Recreation Programs.
    (b) No amounts may be used under this section from amounts that were 
designated by the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to the Concurrent Resolution on the Budget or 
the Balanced Budget and Emergency Deficit Control Act of 1985.
    Sec. 16005. (a) <<NOTE: 6 USC 320 note.>>  Notwithstanding any other 
provision of law regarding the licensure of health-care providers, a 
health-care professional described in subsection (b) may practice the 
health profession or professions of the health-care professional at any 
location in any State, the District of Columbia, or Commonwealth, 
territory, or possession of the United States, or any location 
designated by the Secretary, regardless of where such health-care 
professional or the patient is located, so long as the practice is 
within the scope of the authorized Federal duties of such health-care 
professional.

    (b) Definition.--As used in this section, the term ``health-care 
professional'' means an individual (other than a member of the Coast 
Guard, a civilian employee of the Coast Guard, member of the Public 
Health Service who is assigned to the Coast Guard, or an individual with 
whom the Secretary, pursuant to 10 U.S.C. 1091, has entered into a 
personal services contract to carry out health care responsibilities of 
the Secretary at a medical treatment facility of the Coast Guard) who--
            (1) is--
                    (A) an employee of the Department of Homeland 
                Security,
                    (B) a detailee to the Department from another 
                Federal agency,
                    (C) a personal services contractor of the 
                Department, or
                    (D) hired under a Contract for Services;
            (2) performs health care services as part of duties of the 
        individual in that capacity;
            (3) has a current, valid, and unrestricted equivalent 
        license certification that is--
                    (A) issued by a State, the District of Columbia, or 
                a Commonwealth, territory, or possession of the United 
                States; and
                    (B) for the practice of medicine, osteopathic 
                medicine, dentistry, nursing, emergency medical 
                services, or another health profession; and
            (4) is not affirmatively excluded from practice in the 
        licensing or certifying jurisdiction or in any other 
        jurisdiction.

    (c) Subsection (a) shall apply during the incident period of the 
emergency declared by the President on March 13, 2020, pursuant to 
section 501(b) of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121(b)), and to any subsequent major 
declaration under section 401 of such Act that supersedes such emergency 
declaration.
    Sec. 16006.  The <<NOTE: Extension date. 49 USC 30301 note.>>  
Secretary of Homeland Security, under the authority granted under 
section 205(b) of the REAL ID Act of 2005 (Public Law 109-13; 49 U.S.C. 
30301 note) shall extend the deadline by which States are required to 
meet the driver license

[[Page 134 STAT. 546]]

and identification card issuance requirements under section 202(a)(1) of 
such Act until not earlier than September 30, 2021.

    Sec. 16007.  Section 5 of the Protecting and Securing Chemical 
Facilities from Terrorist Attacks Act of 2014 (Public Law 113-254; 6 
U.S.C. 621 note) is amended by striking ``the date that is 5 years and 3 
months after the effective date of this Act'' and inserting ``July 23, 
2020'':  Provided, That the amount provided by this section is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                                TITLE VII

                       DEPARTMENT OF THE INTERIOR

                             Indian Affairs

                        Bureau of Indian Affairs

                      operation of indian programs

                     (including transfers of funds)

    For an additional amount for ``Operation of Indian Programs'', 
$453,000,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally, including, but not limited to, funds for public safety 
and justice programs, executive direction to carry out deep cleaning of 
facilities, purchase of personal protective equipment, purchase of 
information technology to improve teleworking capability, welfare 
assistance and social services programs (including assistance to 
individuals), and assistance to tribal governments, including tribal 
governments who participate in the ``Small and Needy'' program:  
Provided, That amounts received from funds provided under this heading 
in this Act for welfare assistance programs shall not be included in the 
statutory maximum for welfare assistance funds included in Public Law 
116-94, the Further Consolidated Appropriations Act, 2020:  Provided 
further, That assistance received from funds provided under this heading 
in this Act shall not be included in the calculation of funds received 
by those tribal governments who participate in the ``Small and Needy'' 
program:  Provided further, That of the amounts provided under this 
heading in this Act, not less than $400,000,000 shall be made available 
to meet the direct needs of tribes:  Provided further, That amounts 
provided under this heading in this Act may be made available for 
distribution through tribal priority allocations for tribal response and 
capacity building activities:  Provided further, That funds provided 
under this heading in this Act, if transferred to tribes and tribal 
organizations under the Indian Self-Determination and Education 
Assistance Act, will be transferred on a one-time basis and that these 
non-recurring funds are not part of the amount required by 25 U.S.C. 
Sec.  5325:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

[[Page 134 STAT. 547]]

                       bureau of indian education

                 operation of indian education programs

    For an additional amount for ``Operation of Indian Education 
Programs'', $69,000,000, to remain available until September 30, 2021, 
to prevent, prepare for, and respond to coronavirus, domestically or 
internationally, including, but not limited to, funding for tribal 
colleges and universities, salaries, transportation, and information 
technology:  Provided, That of the amounts provided in this paragraph, 
not less than $20,000,000 shall be for tribal colleges and universities: 
 Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                          Departmental Offices

                         Office of the Secretary

                         departmental operations

                     (including transfers of funds)

    For an additional amount for ``Departmental Operations'', 
$158,400,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally, including, but not limited to, funds for purchasing 
equipment and supplies to disinfect and clean buildings and public 
areas, supporting law enforcement and emergency management operations, 
biosurveillance of wildlife and environmental persistence studies, 
employee overtime and special pay expenses, and other response, 
mitigation, or recovery activities:  Provided, That funds appropriated 
under this heading in this Act shall be used to absorb increased 
operational costs necessary to prevent, prepare for, and respond to 
coronavirus, domestically or internationally:  Provided further, That 
the Secretary of the Interior may transfer the funds provided under this 
heading in this Act to any other account in the Department to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally, and may expend such funds directly or through 
cooperative agreements:  Provided further, That <<NOTE: Reports.>>  the 
Secretary shall provide a monthly report to the Committees on 
Appropriations of the House of Representatives and the Senate detailing 
the allocation and obligation of these funds by account, beginning not 
later than 90 days after enactment of this Act:  Provided further, That 
as soon as practicable after the date of enactment of this Act, the 
Secretary shall transfer $1,000,000 to the Office of the Inspector 
General, ``Salaries and Expenses'' account for oversight activities 
related to the implementation of programs, activities or projects funded 
herein:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

[[Page 134 STAT. 548]]

                             Insular Affairs

                        assistance to territories

    For an additional amount for ``Assistance to Territories'', 
$55,000,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally, for general technical assistance:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                     ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

    For an additional amount for ``Science and Technology'', $2,250,000, 
to remain available until September 30, 2021, to prevent, prepare for, 
and respond to coronavirus, domestically or internationally:  Provided, 
That of the amount provided under this heading in this Act, $750,000 
shall be for necessary expenses for cleaning and disinfecting equipment 
or facilities of, or for use by, the Environmental Protection Agency, 
and $1,500,000 shall be for research on methods to reduce the risks from 
environmental transmission of coronavirus via contaminated surfaces or 
materials:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                  Environmental Programs and Management

    For an additional amount for ``Environmental Programs and 
Management'', $3,910,000, to remain available until September 30, 2021, 
to prevent, prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That of the amount provided under this 
heading in this Act, $2,410,000 shall be for necessary expenses for 
cleaning and disinfecting equipment or facilities of, or for use by, the 
Environmental Protection Agency, and operational continuity of 
Environmental Protection Agency programs and related activities, and 
$1,500,000 shall be for expediting registration and other actions 
related to pesticides to address coronavirus:  Provided further, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                        Buildings and Facilities

    For an additional amount for ``Buildings and Facilities'', $300,000, 
to remain available until September 30, 2021, to prevent, prepare for, 
and respond to coronavirus, domestically or internationally:  Provided, 
That the funds provided under this heading in this Act shall be for 
necessary expenses for cleaning and disinfecting equipment or facilities 
of, or for use by, the Environmental Protection Agency:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant

[[Page 134 STAT. 549]]

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

                      Hazardous Substance Superfund

    For an additional amount for ``Hazardous Substance Superfund'', 
$770,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That the funds provided under this heading 
in this Act shall be for necessary expenses for cleaning and 
disinfecting equipment or facilities of, or for use by, the 
Environmental Protection Agency:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                            RELATED AGENCIES

                        DEPARTMENT OF AGRICULTURE

                             Forest Service

                      forest and rangeland research

    For an additional amount for ``Forest and Rangeland Research'', 
$3,000,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally, including for the reestablishment of abandoned or 
failed experiments associated with employee restrictions due to the 
coronavirus outbreak:  Provided, That amounts provided under this 
heading in this Act shall be allocated at the discretion of the Chief of 
the Forest Service:  Provided further, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                         national forest system

    For an additional amount for ``National Forest System'', 
$34,000,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally, including for cleaning and disinfecting of public 
recreation amenities and for personal protective equipment and baseline 
health testing for first responders:  Provided, That amounts provided 
under this heading in this Act shall be allocated at the discretion of 
the Chief of the Forest Service:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                   capital improvement and maintenance

    For an additional amount for ``Capital Improvement and 
Maintenance'', $26,800,000, to remain available until September 30, 
2021, to prevent, prepare for, and respond to coronavirus, domestically 
or internationally, including for janitorial services:  Provided, That 
amounts provided under this heading in this Act shall be

[[Page 134 STAT. 550]]

allocated at the discretion of the Chief of the Forest Service:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                        wildland fire management

    For an additional amount for ``Wildland Fire Management'', 
$7,000,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally, including for personal protective equipment and 
baseline health testing for first responders:  Provided, That amounts 
provided under this heading in this Act shall be allocated at the 
discretion of the Chief of the Forest Service:  Provided further, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Indian Health Service

                         indian health services

                     (including transfers of funds)

    For an additional amount for ``Indian Health Services'', 
$1,032,000,000, to remain available until September 30, 2021, to 
prevent, prepare for, and respond to coronavirus, domestically or 
internationally, including for public health support, electronic health 
record modernization, telehealth and other information technology 
upgrades, Purchased/Referred Care, Catastrophic Health Emergency Fund, 
Urban Indian Organizations, Tribal Epidemiology Centers, Community 
Health Representatives, and other activities to protect the safety of 
patients and staff:  Provided, That of the amount provided under this 
heading in this Act, up to $65,000,000 is for electronic health record 
stabilization and support, including for planning and tribal 
consultation:  Provided further, That of amounts provided under this 
heading in this Act, not less than $450,000,000 shall be distributed 
through IHS directly operated programs and to tribes and tribal 
organizations under the Indian Self-Determination and Education 
Assistance Act and through contracts or grants with urban Indian 
organizations under title V of the Indian Health Care Improvement Act:  
Provided further, That any amounts provided in this paragraph not 
allocated pursuant to the preceding proviso shall be allocated at the 
discretion of the Director of the Indian Health Service:  Provided 
further, That of the funds provided herein, up to $125,000,000 may be 
transferred to and merged with the ``Indian Health Service, Indian 
Health Facilities'' appropriation at the discretion of the Director for 
the purposes specified in this Act:  Provided further, That amounts 
provided under this heading in this Act, if transferred to tribes and 
tribal organizations under the Indian Self-Determination and Education 
Assistance Act, will be transferred on a one-time basis and that these 
non-recurring funds are not part of the amount required by 25 U.S.C. 
Sec.  5325, and that such amounts may only be used for the purposes 
identified under this heading

[[Page 134 STAT. 551]]

notwithstanding any other provision of law:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

            Agency for Toxic Substances and Disease Registry

            toxic substances and environmental public health

    For an additional amount for ``Toxic Substances and Environmental 
Public Health'', $12,500,000, to remain available until September 30, 
2021, to prevent, prepare for, and respond to coronavirus, domestically 
or internationally:  Provided, That $7,500,000 of the funds provided 
under this heading in this Act shall be for necessary expenses of the 
Geospatial Research, Analysis and Services Program to support spatial 
analysis and Geographic Information System mapping of infectious disease 
hot spots, including cruise ships:  Provided further, That $5,000,000 of 
the funds provided under this heading in this Act shall be for necessary 
expenses for awards to Pediatric Environmental Health Specialty Units 
and state health departments to provide guidance and outreach on safe 
practices for disinfection for home, school, and daycare facilities:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                         OTHER RELATED AGENCIES

    Institute of American Indian and Alaska Native Culture and Arts 
                               Development

                        payment to the institute

    For an additional amount for ``Payment to the Institute'', $78,000, 
to remain available until September 30, 2021, to prevent, prepare for, 
and respond to coronavirus, domestically or internationally:  Provided, 
That such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                         Smithsonian Institution

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $7,500,000, 
to remain available until September 30, 2021, to prevent, prepare for, 
and respond to coronavirus, domestically or internationally, including 
funding for deep cleaning, security, information technology, and staff 
overtime:  Provided, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

[[Page 134 STAT. 552]]

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

    For an additional amount for ``Operations and Maintenance'', 
$25,000,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally, including funding for deep cleaning and information 
technology to improve telework capability and for operations and 
maintenance requirements related to the consequences of coronavirus:  
Provided, That notwithstanding the provisions of 20 U.S.C. 76h et seq., 
funds provided under this heading in this Act shall be made available to 
cover operating expenses required to ensure the continuity of the John 
F. Kennedy Center for the Performing Arts and its affiliates, including 
for employee compensation and benefits, grants, contracts, payments for 
rent or utilities, fees for artists or performers, information 
technology, and other administrative expenses:  Provided further, 
That <<NOTE: Reports.>>  no later than October 31, 2020, the Board of 
Trustees of the Center shall submit a report to the Committees on 
Appropriations of the House of Representatives and Senate that includes 
a detailed explanation of the distribution of the funds provided herein: 
 Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

             National Foundation on the Arts and Humanities

                     National Endowment for the Arts

                        grants and administration

    For an additional amount for ``Grants and Administration'', 
$75,000,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally, to be distributed in grants:  Provided, That such funds 
are available under the same terms and conditions as grant funding 
appropriated to this heading in Public Law 116-94:  Provided further, 
That 40 percent of such funds shall be distributed to State arts 
agencies and regional arts organizations and 60 percent of such funds 
shall be for direct grants:  Provided further, That notwithstanding any 
other provision of law, such funds may also be used by the recipients of 
such grants for purposes of the general operations of such recipients:  
Provided further, That <<NOTE: Waiver authority.>>  the matching 
requirements under subsections (e), (g)(4)(A), and (p)(3) of section 5 
of the National Foundation on the Arts and Humanities Act of 1965 (20 
U.S.C. 954) may be waived with respect to such grants:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

[[Page 134 STAT. 553]]

                  National Endowment for the Humanities

                        grants and administration

    For an additional amount for ``Grants and Administration'', 
$75,000,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally, to be distributed in grants:  Provided, That such funds 
are available under the same terms and conditions as grant funding 
appropriated to this heading in Public Law 116-94:  Provided further, 
That 40 percent of such funds shall be distributed to state humanities 
councils and 60 percent of such funds shall be for direct grants:  
Provided further, That notwithstanding any other provision of law, such 
funds may also be used by the recipients of such grants for purposes of 
the general operations of such recipients:  Provided 
further, <<NOTE: Waiver authority.>> That the matching requirements 
under subsection (h)(2)(A) of section 7 of the National Foundation on 
the Arts and Humanities Act of 1965 may be waived with respect to such 
grants:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                               TITLE VIII

                           DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

    For an additional amount for ``Training and Employment Services'', 
$345,000,000, to remain available through September 30, 2022, to 
prevent, prepare for, and respond to coronavirus, domestically or 
internationally, for necessary expenses for the dislocated workers 
assistance national reserve:  Provided, That the funds provided under 
this heading in this Act may be used to replace grant funds previously 
obligated to the impacted areas:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                         Departmental Management

                          salaries and expenses

                      (including transfer of funds)

    For an additional amount for ``Departmental Management'', 
$15,000,000, to remain available through September 30, 2022, to prevent, 
prepare for, and respond to coronavirus, including to enforce worker 
protection laws and regulations, and to oversee and coordinate 
activities related to division C, division D, division E, and division F 
of Public Law 116-127:  Provided, That the Secretary of Labor may 
transfer the amounts provided under this heading in this Act as 
necessary to ``Employee Benefits Security Administration'', ``Wage and 
Hour Division'', ``Occupational Safety and Health Administration'', and 
``Employment and Training

[[Page 134 STAT. 554]]

Administration--Program Administration'' to prevent, prepare for, and 
respond to coronavirus, including for enforcement, oversight, and 
coordination activities in those accounts:  Provided further, That of 
the amount provided under this heading in this Act, $1,000,000, to 
remain available until expended, shall be transferred to ``Office of 
Inspector General'' for oversight of activities related to Public Law 
116-127 and for oversight activities supported with funds appropriated 
to the Department of Labor to prevent, prepare for, and respond to 
coronavirus:  Provided further, That <<NOTE: Time period. Operating 
plan.>>  15 days prior to transferring any funds pursuant to the 
previous provisos under the heading in this Act, the Secretary shall 
provide to the Committees on Appropriations of the House of 
Representatives and the Senate an operating plan describing the planned 
uses of each amount proposed to be transferred:  Provided further, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

               Centers for Disease Control and Prevention

                 cdc-wide activities and program support

                      (including transfer of funds)

    For an additional amount for ``CDC-Wide Activities and Program 
Support'', $4,300,000,000, to remain available until September 30, 2024, 
to prevent, prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That not less than $1,500,000,000 of the 
amount provided under this heading in this Act shall be for grants to or 
cooperative agreements with States, localities, territories, tribes, 
tribal organizations, urban Indian health organizations, or health 
service providers to tribes, including to carry out surveillance, 
epidemiology, laboratory capacity, infection control, mitigation, 
communications, and other preparedness and response activities:  
Provided further, That every grantee that received a Public Health 
Emergency Preparedness grant for fiscal year 2019 shall receive not less 
than 100 percent of that grant level from funds provided in the first 
proviso under this heading in this Act:  Provided further, That of the 
amount in the first proviso, not less than $125,000,000 shall be 
allocated to tribes, tribal organizations, urban Indian health 
organizations, or health service providers to tribes:  Provided further, 
That the Director of the Centers for Disease Control and Prevention 
(``CDC'') may satisfy the funding thresholds outlined in the preceding 
two provisos by making awards through other grant or cooperative 
agreement mechanisms:  Provided further, That of the amount provided 
under this heading in this Act, not less than $500,000,000 shall be for 
global disease detection and emergency response:  Provided further, That 
of the amount provided under this heading in this Act, not less than 
$500,000,000 shall be for public health data surveillance and analytics 
infrastructure modernization: <<NOTE: Reports.>>   Provided further, 
That CDC shall report to the Committees on Appropriations of the House 
of Representatives and the Senate on the development of a public health 
surveillance and data collection system for coronavirus within 30 days 
of enactment of this Act:  Provided further, That of the amount provided 
under this heading in this Act, $300,000,000

[[Page 134 STAT. 555]]

shall be transferred to and merged with amounts in the Infectious 
Diseases Rapid Response Reserve Fund (``Reserve Fund''), established by 
section 231 of division B of Public Law 115-245:  Provided further, 
That <<NOTE: Consultation. Reports. Time period. 42 USC 247d-4a note.>>  
the Secretary of Health and Human Services, in consultation with the 
Director of the CDC, shall provide a report to the Committees on 
Appropriations of the House of Representatives and the Senate every 14 
days, for one year from the date from any such declaration or 
determination described in the third proviso of section 231 of division 
B of Public Law 115-245, that details commitment and obligation 
information for the Reserve Fund during the prior two weeks, as long as 
such report would detail obligations in excess of $5,000,000, and upon 
the request by such Committees:  Provided further, 
That <<NOTE: Grants.>>  funds appropriated under this heading in this 
Act may be used for grants for the rent, lease, purchase, acquisition, 
construction, alteration, or renovation of non-federally owned 
facilities to improve preparedness and response capability at the State 
and local level:  Provided further, That funds provided under this 
heading in this Act may be used for purchase and insurance of official 
motor vehicles in foreign countries:  Provided further, That such amount 
is designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                      National Institutes of Health

                national heart, lung, and blood institute

    For an additional amount for ``National Heart, Lung, and Blood 
Institute'', $103,400,000, to remain available until September 30, 2024, 
to prevent, prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

          national institute of allergy and infectious diseases

    For an additional amount for ``National Institute of Allergy and 
Infectious Diseases'', $706,000,000, to remain available until September 
30, 2024, to prevent, prepare for, and respond to coronavirus, 
domestically or internationally:  Provided, That not less than 
$156,000,000 of the amounts provided under this heading in this Act 
shall be provided for the study of, construction of, demolition of, 
renovation of, and acquisition of equipment for, vaccine and infectious 
diseases research facilities of or used by NIH, including the 
acquisition of real property:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

       national institute of biomedical imaging and bioengineering

    For an additional amount for ``National Institute of Biomedical 
Imaging and Bioengineering'', $60,000,000, to remain available until 
September 30, 2024, to prevent, prepare for, and respond to coronavirus, 
domestically or internationally:  Provided, That such amount is 
designated by the Congress as being for an emergency

[[Page 134 STAT. 556]]

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

                      national library of medicine

    For an additional amount for ``National Library of Medicine'', 
$10,000,000, to remain available until September 30, 2024, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

          national center for advancing translational sciences

    For an additional amount for ``National Center for Advancing 
Translational Sciences'', $36,000,000, to remain available until 
September 30, 2024, to prevent, prepare for, and respond to coronavirus, 
domestically or internationally:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                         office of the director

    For an additional amount for ``Office of the Director'', 
$30,000,000, to remain available until September 30, 2024, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That these funds shall be available for the 
Common Fund established under section 402A(c)(1) of the PHS Act:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

        Substance Abuse and Mental Health Services Administration

                 health surveillance and program support

    For an additional amount for ``Heath Surveillance and Program 
Support'', $425,000,000, to remain available through September 30, 2021, 
to prevent, prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That of the amount appropriated under this 
heading in this Act, not less than $250,000,000 is available for 
Certified Community Behavioral Health Clinic Expansion Grant program:  
Provided further, That of the amount appropriated under this heading in 
this Act, not less than $50,000,000 shall be available for suicide 
prevention programs:  Provided further, That of the amount appropriated 
under this heading in this Act, not less than $100,000,000 is available 
for activities authorized under section 501(o) of the Public Health 
Service Act:  Provided further, That of the funding made available under 
this heading in this Act, not less than $15,000,000 shall be allocated 
to tribes, tribal organizations, urban Indian health organizations, or 
health or behavioral health service providers to tribes:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

[[Page 134 STAT. 557]]

                Centers for Medicare & Medicaid Services

                           program management

    For an additional amount for ``Program Management'', $200,000,000, 
to remain available through September 30, 2023, to prevent, prepare for, 
and respond to coronavirus, domestically and internationally:  Provided, 
That of the amount appropriated under this heading in this Act, not less 
than $100,000,000 shall be available for necessary expenses of the 
survey and certification program, prioritizing nursing home facilities 
in localities with community transmission of coronavirus:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                Administration for Children and Families

                    low income home energy assistance

    For an additional amount for ``Low Income Home Energy Assistance'', 
$900,000,000, to remain available through September 30, 2021, to 
prevent, prepare for, or respond to coronavirus, domestically or 
internationally, for making payments under subsection (b) of section 
2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 
8621 et seq.):  Provided, That of the amount provided under this heading 
in this Act, $225,000,000 shall be allocated as though the total 
appropriation for such payments for fiscal year 2020 was less than 
$1,975,000,000:  Provided further, That section 2607(b)(2)(B) of such 
Act (42 U.S.C. 8626(b)(2)(B)) shall not apply to funds made available 
under this heading in this Act in fiscal year 2020:  Provided further, 
That such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

    payments to states for the child care and development block grant

    For an additional amount for ``Payments to States for the Child Care 
and Development Block Grant'', $3,500,000,000, to remain available 
through September 30, 2021, to prevent, prepare for, and respond to 
coronavirus, domestically or internationally, including for federal 
administrative expenses, which shall be used to supplement, not supplant 
State, Territory, and Tribal general revenue funds for child care 
assistance for low-income families within the United States (including 
territories) without regard to requirements in sections 658E(c)(3)(D)-
(E) or 658G of the Child Care and Development Block Grant Act:  
Provided, That funds provided under this heading in this Act may be used 
to provide continued payments and assistance to child care providers in 
the case of decreased enrollment or closures related to coronavirus, and 
to assure they are able to remain open or reopen as appropriate and 
applicable:  Provided further, That States, Territories, and Tribes are 
encouraged to place conditions on payments to child care providers that 
ensure that child care providers use a portion of funds received to 
continue to pay the salaries and wages of staff:  Provided further, That 
the Secretary shall remind States

[[Page 134 STAT. 558]]

that CCDBG State plans do not need to be amended prior to utilizing 
existing authorities in the CCDBG Act for the purposes provided herein:  
Provided further, That States, Territories, and Tribes are authorized to 
use funds appropriated under this heading in this Act to provide child 
care assistance to health care sector employees, emergency responders, 
sanitation workers, and other workers deemed essential during the 
response to coronavirus by public officials, without regard to the 
income eligibility requirements of section 658P(4) of such Act:  
Provided further, That funds appropriated under this heading in this Act 
shall be available to eligible child care providers under section 
658P(6) of the CCDBG Act, even if such providers were not receiving 
CCDBG assistance prior to the public health emergency as a result of the 
coronavirus, for the purposes of cleaning and sanitation, and other 
activities necessary to maintain or resume the operation of programs:  
Provided further, That <<NOTE: Time periods.>>  payments made under this 
heading in this Act may be obligated in this fiscal year or the 
succeeding two fiscal years:  Provided further, That funds appropriated 
under this heading in this Act may be made available to restore amounts, 
either directly or through reimbursement, for obligations incurred to 
prevent, prepare for, and respond to coronavirus, domestically or 
internationally, prior to the date of enactment of this Act:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                 children and families services programs

    For an additional amount for ``Children and Families Services 
Programs'', $1,874,000,000, to remain available through September 30, 
2021, to prevent, prepare for, and respond to coronavirus, domestically 
or internationally, which shall be used as follows: (1) $1,000,000,000 
for carrying out activities under sections 674 through 679 of the 
Community Services Block Grant Act, including for federal administrative 
expenses, and of which no part shall be subject to section 674(b)(3) of 
such Act:  Provided, That to the extent Community Services Block Grant 
funds are distributed as grant funds by a State to an eligible entity as 
provided under such Act, and have not been expended by such entity, they 
shall remain with such entity for carryover into the next two fiscal 
years for expenditure by such entity consistent with program purpose:  
Provided further, That for services furnished under such Act during 
fiscal years 2020 and 2021, States may apply the last sentence of 
section 673(2) of such Act by substituting ``200 percent'' for ``125 
percent''; (2) $750,000,000 for making payments under the Head Start 
Act, including for Federal administrative expenses, and allocated in an 
amount that bears the same ratio to such portion as the number of 
enrolled children served by the agency involved bears to the number of 
enrolled children by all Head Start agencies:  Provided further, That 
none of the funds appropriated in this paragraph shall be included in 
the calculation of the ``base grant'' in subsequent fiscal years, as 
such term is defined in sections 640(a)(7)(A), 641A(h)(1)(B), or 
645(d)(3) of the Head Start Act:  Provided further, That funds 
appropriated in this paragraph are not subject to the allocation 
requirements of section 640(a) of the Head Start Act:  Provided further, 
That up to

[[Page 134 STAT. 559]]

$500,000,000 shall be available for the purpose of operating 
supplemental summer programs through non-competitive grant supplements 
to existing grantees determined to be most ready to operate those 
programs by the Office of Head Start; (3) $2,000,000 for the National 
Domestic Violence Hotline as authorized by section 303(b) of the Family 
Violence Prevention and Services Act:  Provided further, That the 
Secretary may make such funds available for providing hotline services 
remotely; (4) $45,000,000 for Family Violence Prevention and Services 
formula grants as authorized by section 303(a) of the Family Violence 
and Prevention and Services Act with such funds available to grantees 
without regard to matching requirements under section 306(c)(4) of such 
Act:  Provided further, That the Secretary may make such funds available 
for providing temporary housing and assistance to victims of family, 
domestic, and dating violence; (5) $25,000,000 for carrying out 
activities under the Runaway and Homeless Youth Act:  Provided further, 
That such amounts shall be used to supplement, not supplant, existing 
funds and shall be available without regard to matching requirements; 
(6) $45,000,000 shall be used for child welfare services as authorized 
by subpart 1 of part B of title IV of the Social Security Act (other 
than sections 426, 427, and 429 of such subpart), with such funds 
available to grantees without regard to matching requirements under 
section 424(a) of that Act or any applicable reductions in federal 
financial participation under section 424(f) of that Act; and (7) 
$7,000,000 for Federal administrative expenses:  Provided further, That 
funds appropriated under this heading in this Act may be made available 
to restore amounts, either directly or through reimbursement, for 
obligations incurred to prevent, prepare for, and respond to 
coronavirus, domestically or internationally, prior to the date of 
enactment of this Act:  Provided further, That such amount is designated 
by the Congress as being for an emergency requirement pursuant to 
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                   Administration for Community Living

                 aging and disability services programs

    For an additional amount for ``Aging and Disability Services 
Programs'', $955,000,000, to remain available until September 30, 2021, 
to prevent, prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That of the amount made available under this 
heading in this Act to prevent, prepare for, and respond to coronavirus, 
$820,000,000 shall be for activities authorized under the Older 
Americans Act of 1965 (``OAA''), including $200,000,000 for supportive 
services under part B of title III; $480,000,000 for nutrition services 
under subparts 1 and 2 of part C of title III; $20,000,000 for nutrition 
services under title VI; $100,000,000 for support services for family 
caregivers under part E of title III; and $20,000,000 for elder rights 
protection activities, including the long-term ombudsman program under 
title VII of such Act:  Provided further, That of the amount made 
available under this heading in this Act, $50,000,000 shall be for aging 
and disability resource centers authorized in sections 202(b) and 411 of 
the OAA to prevent, prepare for, and respond to coronavirus:  Provided 
further, That of the amount made available under this

[[Page 134 STAT. 560]]

heading in this Act to prevent, prepare for, and respond to coronavirus, 
$85,000,000 shall be available for centers for independent living that 
have received grants funded under part C of chapter I of title VII of 
the Rehabilitation Act of 1973:  Provided further, That to facilitate 
State use of funds provided under this heading in this Act, matching 
requirements under sections 304(d)(1)(D) and 373(g)(2) of the OAA shall 
not apply to funds made available under this heading in this Act:  
Provided further, That <<NOTE: Applicability.>> the transfer authority 
under section 308(b)(4)(A) of the OAA shall apply to funds made 
available under this heading in this Act by substituting ``100 percent'' 
for ``40 percent'':  Provided further, That <<NOTE: Time period.>> the 
State Long-Term Care Ombudsman shall have continuing direct access (or 
other access through the use of technology) to residents of long-term 
care facilities during any portion of the public health emergency 
relating to coronavirus beginning on the date of enactment of this Act 
and ending on September 30, 2020, to provide services described in 
section 712(a)(3)(B) of the OAA:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                         Office of the Secretary

            public health and social services emergency fund

                      (including transfer of funds)

    For an additional amount for ``Public Health and Social Services 
Emergency Fund'', $27,014,500,000, to remain available until September 
30, 2024, to prevent, prepare for, and respond to coronavirus, 
domestically or internationally, including the development of necessary 
countermeasures and vaccines, prioritizing platform-based technologies 
with U.S.-based manufacturing capabilities, the purchase of vaccines, 
therapeutics, diagnostics, necessary medical supplies, as well as 
medical surge capacity, addressing blood supply chain, workforce 
modernization, telehealth access and infrastructure, initial advanced 
manufacturing, novel dispensing, enhancements to the U.S. Commissioned 
Corps, and other preparedness and response activities:  Provided, That 
funds appropriated under this paragraph in this Act may be used to 
develop and demonstrate innovations and enhancements to manufacturing 
platforms to support such capabilities:  Provided 
further, <<NOTE: Vaccines. Determination.>>  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

[[Page 134 STAT. 561]]

delay the development of such products:  Provided further, That products 
purchased with funds appropriated under this paragraph in this Act may, 
at the discretion of the Secretary of Health and Human Services, be 
deposited in the Strategic National Stockpile under section 319F-2 of 
the Public Health Service Act:  Provided further, That of the amount 
appropriated under this paragraph in this Act, not more than 
$16,000,000,000 shall be for the Strategic National Stockpile under 
section 319F-2(a) of such Act:  Provided further, That funds 
appropriated under this paragraph in this Act may be transferred to, and 
merged with, the fund authorized by section 319F-4, the Covered 
Countermeasure Process Fund, of the Public Health Service Act:  Provided 
further, That of the amount appropriated under this paragraph in this 
Act, not less than $250,000,000 shall be available for grants to or 
cooperative agreements with entities that are either grantees or sub-
grantees of the Hospital Preparedness Program authorized in section 
319C-2 of the Public Health Service Act or that meet such other criteria 
as the Secretary may prescribe, with such awards issued under such 
section or section 311 of such Act:  Provided further, That of the 
amount provided under this paragraph in this Act, not less than 
$3,500,000,000 shall be available to the Biomedical Advanced Research 
and Development Authority for necessary expenses of manufacturing, 
production, and purchase, at the discretion of the Secretary, of 
vaccines, therapeutics, diagnostics, and small molecule active 
pharmaceutical ingredients, including the development, translation, and 
demonstration at scale of innovations in manufacturing platforms:  
Provided further, That funds in the previous proviso may be used for the 
construction or renovation of U.S.-based next generation manufacturing 
facilities, other than facilities owned by the United States 
Government: <<NOTE: Reimbursements.>>   Provided further, That of the 
amount appropriated under this paragraph in this Act, funds may be used 
to reimburse the Department of Veterans Affairs for expenses incurred by 
the Veterans Health Administration to prevent, prepare for, and respond 
to coronavirus, and to provide medical care for such purposes to 
individuals not otherwise eligible for care:  Provided further, 
That <<NOTE: Reimbursements. Certification.>>  funds used for the 
preceding proviso shall be made available to reimburse the Department of 
Veterans Affairs only if the Secretary of Health and Human Services 
certifies to the Committees on Appropriations of the House of 
Representatives and the Senate that funds available for assignments 
under Public Law 93-288, as amended, are insufficient and such funds are 
necessary to reimburse the Department of Veterans Affairs for expenses 
incurred to provide health care to civilians:  Provided further, 
That <<NOTE: Notification. Deadline.>>  the Secretary shall notify the 
Committees on Appropriations of the House of Representatives and the 
Senate not less than 3 days prior to such certification:  Provided 
further, <<NOTE: Determination.>>  That of the amounts appropriated 
under this paragraph in this Act, not more than $289,000,000 may be 
transferred as necessary to other federal agencies for necessary 
expenses related to medical care that are incurred to prevent, prepare 
for, and respond to coronavirus for persons eligible for treatment 
pursuant to section 322 of the Public Health Service Act, as amended, as 
determined by the Secretary of the recipient agency:  Provided further, 
That <<NOTE: Deadline. Contracts.>>  of the amount appropriated under 
this paragraph in this Act, $1,500,000 shall be available for the 
Secretary to enter into an agreement with the National Academies of 
Sciences, Engineering, and Medicine not later than 60 days after the 
date of enactment of this Act

[[Page 134 STAT. 562]]

to examine, and, in a manner that does not compromise national security, 
report on, the security of the United States medical product supply 
chain:  Provided further, That funds appropriated under this paragraph 
in this Act may be used for grants for the construction, alteration, or 
renovation of non-federally owned facilities to improve preparedness and 
response capability at the State and local level:  Provided 
further, <<NOTE: Vaccines. Determination. Contracts.>> That funds 
appropriated under this paragraph in this Act may be used for the 
construction, alteration, or renovation of non-federally owned 
facilities for the production of vaccines, therapeutics, and diagnostics 
where the Secretary determines that such a contract is necessary to 
secure sufficient amounts of such supplies:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

    For an additional amount for the ``Public Health and Social Services 
Emergency Fund'', $275,000,000, to remain available until September 30, 
2022, to prevent, prepare for, and respond to coronavirus, domestically 
or internationally:  Provided, That $90,000,000 of the funds 
appropriated under this paragraph shall be transferred to ``Health 
Resources and Services Administration--Ryan White HIV/AIDS Program'' to 
remain available until September 30, 2022 for modifications to existing 
contracts, and supplements to existing grants and cooperative agreements 
under parts A, B, C, D, and section 2692(a) of title XXVI of the Public 
Health Service Act (referred to as ``PHS'' Act) to respond to 
coronavirus, domestically or internationally:  Provided 
further, <<NOTE: Data. Determination.>>  That supplements made in the 
preceding proviso shall be awarded using a data-driven methodology 
determined by the Secretary:  Provided further, That sections 2604(c), 
2612(b), and 2651(c) of the PHS Act shall not apply to funds under this 
paragraph:  Provided further, That $5,000,000 of the funds appropriated 
under this paragraph shall be transferred to ``Health Resources and 
Services Administration--Health Care Systems'' to remain available until 
September 30, 2022, for activities under sections 1271 and 1273 of the 
PHS Act to improve the capacity of poison control centers to respond to 
increased calls:  Provided further, That $180,000,000 of the funds 
appropriated under this paragraph shall be transferred to ``Health 
Resources and Services Administration--Rural Health'' to remain 
available until September 30, 2022, to carry out telehealth and rural 
health activities under sections 330A and 330I of the PHS Act and 
sections 711 and 1820 of the Social Security Act to prevent, prepare 
for, and respond to coronavirus, domestically or internationally:  
Provided further, That of the funding in the previous proviso, no less 
than $15,000,000 shall be allocated to tribes, tribal organizations, 
urban Indian health organizations, or health service providers to 
tribes:  Provided further, That section 1820(g)(3)(A), section 
1820(g)(3)(D) and section 1820(g)(3)(E) of such Act shall not apply to 
funds in the preceding two provisos:  Provided further, That funds 
appropriated under this heading in this Act may be made available to 
restore amounts, either directly or through reimbursement, for 
obligations incurred to prevent, prepare for, and respond to 
coronavirus, domestically or internationally, prior to the date of 
enactment of this Act:  Provided further, That for the purposes of any 
funding provided for fiscal year 2020 for the Health Centers Program 
pursuant to section 330 of the PHS Act (42 U.S.C. 254b), maintaining or 
increasing health center capacity and staffing levels

[[Page 134 STAT. 563]]

during a public health emergency related to coronavirus shall be deemed 
a cost of prevention, diagnosis, and treatment of coronavirus:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

    For an additional amount for ``Public Health and Social Services 
Emergency Fund'', $100,000,000,000, to remain available until expended, 
to prevent, prepare for, and respond to coronavirus, domestically or 
internationally, for necessary expenses to reimburse, through grants or 
other mechanisms, eligible health care providers for health care related 
expenses or lost revenues that are attributable to coronavirus:  
Provided, That these funds may not be used to reimburse expenses or 
losses that have been reimbursed from other sources or that other 
sources are obligated to reimburse:  Provided further, 
That <<NOTE: Reports. Records. Determination.>>  recipients of payments 
under this paragraph shall submit reports and maintain documentation as 
the Secretary determines are needed to ensure compliance with conditions 
that are imposed by this paragraph for such payments, and such reports 
and documentation shall be in such form, with such content, and in such 
time as the Secretary may prescribe for such purpose:  Provided further, 
That <<NOTE: Definition.>>  ``eligible health care providers'' means 
public entities, Medicare or Medicaid enrolled suppliers and providers, 
and such for-profit entities and not-for-profit entities not otherwise 
described in this proviso as the Secretary may specify, within the 
United States (including territories), that provide diagnoses, testing, 
or care for individuals with possible or actual cases of COVID-19:  
Provided further, That <<NOTE: Review. Payments.>>  the Secretary of 
Health and Human Services shall, on a rolling basis, review applications 
and make payments under this paragraph in this Act:  Provided further, 
That funds appropriated under this paragraph in this Act shall be 
available for building or construction of temporary structures, leasing 
of properties, medical supplies and equipment including personal 
protective equipment and testing supplies, increased workforce and 
trainings, emergency operation centers, retrofitting facilities, and 
surge capacity:  Provided further, 
That, <<NOTE: Definition. Determination.>>  in this paragraph, the term 
``payment'' means a pre-payment, prospective payment, or retrospective 
payment, as determined appropriate by the Secretary:  Provided further, 
That <<NOTE: Payments.>>  payments under this paragraph shall be made in 
consideration of the most efficient payment systems practicable to 
provide emergency payment:  Provided further, That to be eligible for a 
payment under this paragraph, an eligible health care provider shall 
submit to the Secretary of Health and Human Services an application that 
includes a statement justifying the need of the provider for the payment 
and the eligible health care provider shall have a valid tax 
identification number: <<NOTE: Reports.>>   Provided further, That, not 
later than 3 years after final payments are made under this paragraph, 
the Office of Inspector General of the Department of Health and Human 
Services shall transmit a final report on audit findings with respect to 
this program to the Committees on Appropriations of the House of 
Representatives and the Senate:  Provided further, That nothing in this 
section limits the authority of the Inspector General or the Comptroller 
General to conduct audits of interim payments at an earlier 
date: <<NOTE: Reports.>>   Provided further, That not later than 60 days 
after the date of enactment of this Act, the Secretary of Health and 
Human Services shall provide a report

[[Page 134 STAT. 564]]

to the Committees on Appropriations of the House of Representatives and 
the Senate on obligation of funds, including obligations to such 
eligible health care providers summarized by State of the payment 
receipt:  Provided further, That <<NOTE: Reports.>>  such reports shall 
be updated and submitted to such Committees every 60 days until funds 
are expended:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                         DEPARTMENT OF EDUCATION

                      education stabilization fund

    For an additional amount for ``Education Stabilization Fund'', 
$30,750,000,000, to remain available through September 30, 2021, to 
prevent, prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                           General Provisions

                      education stabilization fund

    Sec. 18001. (a) <<NOTE: 20 USC 3401 note. Consultation.>>  
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) <<NOTE: Determination.>>  not more than 1/2 of 1 percent 
        to the outlying areas on the basis of their respective needs, as 
        determined by the Secretary, in consultation with the Secretary 
        of the Interior;
            (2) one-half of 1 percent for the Secretary of Interior, in 
        consultation with the Secretary of Education, for programs 
        operated or funded by the Bureau of Indian Education; and
            (3) <<NOTE: Notice. Deadlines.>>  1 percent for grants to 
        States with the highest coronavirus burden to support activities 
        under this heading in this Act, for which the Secretary shall 
        issue a notice inviting applications not later than 30 days of 
        enactment of this Act and approve or deny applications not later 
        than 30 days after receipt.

    (b) Reservations.--After carrying out subsection (a), the Secretary 
shall reserve the remaining funds made available as follows:
            (1) 9.8 percent to carry out section 18002 of this title.
            (2) 43.9 percent to carry out section 18003 of this title.
            (3) 46.3 percent to carry out section 18004 of this title.

               governor's emergency education relief fund

    Sec. 18002. (a) <<NOTE: 20 USC 3401 note.>>  Grants.--From funds 
reserved under section 18001(b)(1) of this title, the Secretary shall 
make Emergency Education Relief grants to the Governor of each State 
with an approved application. <<NOTE: Notice. Deadlines.>>  The 
Secretary shall issue a notice inviting applications not later than 30 
days of enactment of this Act and shall approve or deny applications not 
later than 30 days after receipt.

    (b) Allocations.--The amount of each grant under subsection (a) 
shall be allocated by the Secretary to each State as follows:

[[Page 134 STAT. 565]]

            (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) <<NOTE: Determination.>>  provide emergency support 
        through grants to institutions of higher education serving 
        students within the State that the Governor determines have been 
        most significantly impacted by coronavirus to support the 
        ability of such institutions to continue to provide educational 
        services and support the on-going functionality of the 
        institution; and
            (3) provide support to any other institution of higher 
        education, local educational agency, or education related entity 
        within the State that the Governor deems essential for carrying 
        out emergency educational services to students for authorized 
        activities described in section 18003(d)(1) of this title or the 
        Higher Education Act, the provision of child care and early 
        childhood education, social and emotional support, and the 
        protection of education-related jobs.

    (d) <<NOTE: Deadline.>>  Reallocation.--Each Governor shall return 
to the Secretary any funds received under this section that the Governor 
does not award within one year of receiving such funds and the Secretary 
shall reallocate such funds to the remaining States in accordance with 
subsection (b).

          elementary and secondary school emergency relief fund

    Sec. 18003. (a) <<NOTE: 20 USC 3401 note.>>  Grants.--From funds 
reserved under section 18001(b)(2) of this title, the Secretary shall 
make elementary and secondary school emergency relief grants to each 
State educational agency with an approved 
application. <<NOTE: Notice. Deadlines.>>  The Secretary shall issue a 
notice inviting applications not later than 30 days of enactment of this 
Act and approve or deny applications not later than 30 days after 
receipt.

    (b) Allocations to States.--The amount of each grant under 
subsection (a) shall be allocated by the Secretary to each State in the 
same proportion as each State received under part A of title I of the 
ESEA of 1965 in the most recent fiscal year.
    (c) Subgrants to Local Educational Agencies.--Each State shall 
allocate not less than 90 percent of the grant funds awarded to the 
State under this section as subgrants to local educational agencies 
(including charter schools that are local educational agencies) in the 
State in proportion to the amount of funds such local educational 
agencies and charter schools that are local educational agencies 
received under part A of title I of the ESEA of 1965 in the most recent 
fiscal year.
    (d) Uses of Funds.--A local educational agency that receives funds 
under this title may use the funds for any of the following:

[[Page 134 STAT. 566]]

            (1) Any activity authorized by the ESEA of 1965, including 
        the Native Hawaiian Education Act and the Alaska Native 
        Educational Equity, Support, and Assistance Act (20 U.S.C. 6301 
        et seq.), the Individuals with Disabilities Education Act (20 
        U.S.C. 1400 et seq.) (``IDEA''), the Adult Education and Family 
        Literacy Act (20 U.S.C. 1400 et seq.), the Carl D. Perkins 
        Career and Technical Education Act of 2006 (20 U.S.C. 2301 et 
        seq.) (``the Perkins Act''), or subtitle B of title VII of the 
        McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et 
        seq.).
            (2) <<NOTE: Coordination.>>  Coordination of preparedness 
        and response efforts of local educational agencies with State, 
        local, Tribal, and territorial public health departments, and 
        other relevant agencies, to improve coordinated responses among 
        such entities to prevent, prepare for, and respond to 
        coronavirus.
            (3) Providing principals and others school leaders with the 
        resources necessary to address the needs of their individual 
        schools.
            (4) Activities to address the unique needs of low-income 
        children or students, children with disabilities, English 
        learners, racial and ethnic minorities, students experiencing 
        homelessness, and foster care youth, including how outreach and 
        service delivery will meet the needs of each population.
            (5) <<NOTE: Procedures.>>  Developing and implementing 
        procedures and systems to improve the preparedness and response 
        efforts of local educational agencies.
            (6) Training and professional development for staff of the 
        local educational agency on sanitation and minimizing the spread 
        of infectious diseases.
            (7) <<NOTE: Procurement.>>  Purchasing supplies to sanitize 
        and clean the facilities of a local educational agency, 
        including buildings operated by such agency.
            (8) Planning for and coordinating during long-term closures, 
        including for how to provide meals to eligible students, how to 
        provide technology for online learning to all students, how to 
        provide guidance for carrying out requirements under the 
        Individuals with Disabilities Education Act (20 U.S.C. 1401 et 
        seq.) and how to ensure other educational services can continue 
        to be provided consistent with all Federal, State, and local 
        requirements.
            (9) <<NOTE: Procurement.>>  Purchasing educational 
        technology (including hardware, software, and connectivity) for 
        students who are served by the local educational agency that 
        aids in regular and substantive educational interaction between 
        students and their classroom instructors, including low-income 
        students and students with disabilities, which may include 
        assistive technology or adaptive equipment.
            (10) Providing mental health services and supports.
            (11) Planning and implementing activities related to summer 
        learning and supplemental afterschool programs, including 
        providing classroom instruction or online learning during the 
        summer months and addressing the needs of low-income students, 
        students with disabilities, English learners, migrant students, 
        students experiencing homelessness, and children in foster care.
            (12) Other activities that are necessary to maintain the 
        operation of and continuity of services in local educational

[[Page 134 STAT. 567]]

        agencies and continuing to employ existing staff of the local 
        educational agency.

    (e) State Funding.--With funds not otherwise allocated under 
subsection (c), a State may reserve not more than 1/2 of 1 percent for 
administrative costs and the remainder for emergency needs as determined 
by the state educational agency to address issues responding to 
coronavirus, which may be addressed through the use of grants or 
contracts.
    (f) <<NOTE: Deadline.>>  Reallocation.--A State shall return to the 
Secretary any funds received under this section that the State does not 
award within 1 year of receiving such funds and the Secretary shall 
reallocate such funds to the remaining States in accordance with 
subsection (b).

                 higher education emergency relief fund

    Sec. 18004. (a) <<NOTE: 20 USC 3401 note.>>  In General.--The 
Secretary shall allocate funding under this section as follows:
            (1) 90 percent to each institution of higher education to 
        prevent, prepare for, and respond to coronavirus, by 
        apportioning it--
                    (A) 75 percent according to the relative share of 
                full-time equivalent enrollment of Federal Pell Grant 
                recipients who are not exclusively enrolled in distance 
                education courses prior to the coronavirus emergency; 
                and
                    (B) 25 percent according to the relative share of 
                full-time equivalent enrollment of students who were not 
                Federal Pell Grant recipients who are not exclusively 
                enrolled in distance education courses prior to the 
                coronavirus emergency.
            (2) 7.5 percent for additional awards under parts A and B of 
        title III, parts A and B of title V, and subpart 4 of part A of 
        title VII of the Higher Education Act to address needs directly 
        related to coronavirus, that shall be in addition to awards made 
        in section 18004(a)(1) of this title, and allocated by the 
        Secretary proportionally to such programs based on the relative 
        share of funding appropriated to such programs in the Further 
        Consolidated Appropriations Act, 2020 (Public Law 116-94) and 
        which may be used to defray expenses (including lost revenue, 
        reimbursement for expenses already incurred, technology costs 
        associated with a transition to distance education, faculty and 
        staff trainings, payroll) incurred by institutions of higher 
        education and for grants to students for any component of the 
        student's cost of attendance (as defined under section 472 of 
        the Higher Education Act), including food, housing, course 
        materials, technology, health care, and child care.
            (3) 2.5 percent for part B of title VII of the Higher 
        Education Act for institutions of higher education that the 
        Secretary determines have the greatest unmet needs related to 
        coronavirus, which may be used to defray expenses (including 
        lost revenue, reimbursement for expenses already incurred, 
        technology costs associated with a transition to distance 
        education, faculty and staff trainings, payroll) incurred by 
        institutions of higher education and for grants to students for 
        any component of the student's cost of attendance (as defined 
        under section 472 of the Higher Education Act), including food,

[[Page 134 STAT. 568]]

        housing, course materials, technology, health care, and child 
        care.

    (b) Distribution.--The funds made available to each institution 
under subsection (a)(1) shall be distributed by the Secretary using the 
same systems as the Secretary otherwise distributes funding to each 
institution under title IV of the Higher Education Act of 1965 (20 
U.S.C. 1001 et seq.).
    (c) Uses of Funds.--Except as otherwise specified in subsection (a), 
an institution of higher education receiving funds under this section 
may use the funds received to cover any costs associated with 
significant changes to the delivery of instruction due to the 
coronavirus, so long as such costs do not include payment to contractors 
for the provision of pre-enrollment recruitment activities; endowments; 
or capital outlays associated with facilities related to athletics, 
sectarian instruction, or religious worship. Institutions of higher 
education shall use no less than 50 percent of such funds to provide 
emergency financial aid grants to students for expenses related to the 
disruption of campus operations due to coronavirus (including eligible 
expenses under a student's cost of attendance, such as food, housing, 
course materials, technology, health care, and child care).
    (d) Special Provisions.--(1) In awarding grants under section 
18004(a)(3) of this title, the Secretary shall give priority to any 
institution of higher education that is not otherwise eligible for 
funding under paragraphs (1) and (2) of section 18004(a) of this title 
of at least $500,000 and demonstrates significant unmet needs related to 
expenses associated with coronavirus.
    (2) A Historically Black College and University or a Minority 
Serving Institution may use prior awards provided under titles III, V, 
and VII of the Higher Education Act to prevent, prepare for, and respond 
to coronavirus.
    (e) Report.--An institution receiving funds under this section shall 
submit a report to the Secretary, at such time and in such manner as the 
Secretary may require, that describes the use of funds provided under 
this section.

                    assistance to non-public schools

    Sec. 18005. (a) <<NOTE: 20 USC 3401 note.>>  In General.--A local 
educational agency receiving funds under sections 18002 or 18003 of this 
title shall provide equitable services in the same manner as provided 
under section 1117 of the ESEA of 1965 to students and teachers in non-
public schools, as determined in consultation with representatives of 
non-public schools.

    (b) Public Control of Funds.--The control of funds for the services 
and assistance provided to a non-public school under subsection (a), and 
title to materials, equipment, and property purchased with such funds, 
shall be in a public agency, and a public agency shall administer such 
funds, materials, equipment, and property and shall provide such 
services (or may contract for the provision of such services with a 
public or private entity).

                     continued payment to employees

    Sec. 18006.  A <<NOTE: 20 USC 3401 note.>>  local educational 
agency, State, institution of higher education, or other entity that 
receives funds under ``Education Stabilization Fund'', shall to the 
greatest extent practicable,

[[Page 134 STAT. 569]]

continue to pay its employees and contractors during the period of any 
disruptions or closures related to coronavirus.

                               definitions

    Sec. 18007.  Except <<NOTE: 20 USC 3401 note.>>  as otherwise 
provided in sections 18001-18006 of this title, as used in such 
sections--
            (1) the terms ``elementary education'' and ``secondary 
        education'' have the meaning given such terms under State law;
            (2) the term ``institution of higher education'' has the 
        meaning given such term in title I of the Higher Education Act 
        of 1965 (20 U.S.C. 1001 et seq.);
            (3) the term ``Secretary'' means the Secretary of Education;
            (4) the term ``State'' means each of the 50 States, the 
        District of Columbia, and the Commonwealth of Puerto Rico;
            (5) the term ``cost of attendance'' has the meaning given 
        such term in section 472 of the Higher Education Act of 1965.
            (6) the term ``Non-public school'' means a non-public 
        elementary and secondary school that (A) is accredited, 
        licensed, or otherwise operates in accordance with State law; 
        and (B) was in existence prior to the date of the qualifying 
        emergency for which grants are awarded under this section;
            (7) the term ``public school'' means a public elementary or 
        secondary school; and
            (8) any other term used that is defined in section 8101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801) shall have the meaning given the term in such section.

                          maintenance of effort

    Sec. 18008. (a) <<NOTE: 20 USC 3401 note. Time periods.>>  A State's 
application for funds to carry out sections 18002 or 18003 of this title 
shall include assurances that the State will maintain support for 
elementary and secondary education, and State support for higher 
education (which shall include State funding to institutions of higher 
education and state need-based financial aid, and shall not include 
support for capital projects or for research and development or tuition 
and fees paid by students) in fiscal years 2020 and 2021 at least at the 
levels of such support that is the average of such State's support for 
elementary and secondary education and for higher education provided in 
the 3 fiscal years preceding the date of enactment of this Act.

    (b) <<NOTE: Waiver authority.>>  The secretary may waive the 
requirement in subsection (a) for the purpose of relieving fiscal 
burdens on States that have experienced a precipitous decline in 
financial resources.

                 safe schools and citizenship education

    For an additional amount for ``Safe Schools and Citizenship 
Education'', $100,000,000, to remain available through September 30, 
2021, to prevent, prepare for, and respond to coronavirus, domestically 
or internationally, to supplement funds otherwise available for 
``Project SERV'', including to help elementary, secondary and 
postsecondary schools clean and disinfect affected schools, and assist 
in counseling and distance learning and associated costs:  Provided, 
That such amount is designated by the Congress as being for

[[Page 134 STAT. 570]]

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

                          gallaudet university

    For an additional amount for ``Gallaudet University'', $7,000,000, 
to remain available through September 30, 2021, to prevent, prepare for, 
and respond to coronavirus, domestically or internationally, including 
to help defray the expenses directly caused by coronavirus and to enable 
grants to students for expenses directly related to coronavirus and the 
disruption of university operations:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                       Student Aid Administration

    For an additional amount for ``Student Aid Administration'', 
$40,000,000, to remain available through September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally, for carrying out part D of title I, and subparts 1, 3, 
9 and 10 of part A, and parts B, C, D, and E of title IV of the HEA, and 
subpart 1 of part A of title VII of the Public Health Service Act:  
Provided, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                            Howard University

    For an additional amount for ``Howard University'', $13,000,000, to 
remain available through September 30, 2021, to prevent, prepare for, 
and respond to coronavirus, domestically or internationally, including 
to help defray the expenses directly caused by coronavirus and to enable 
grants to students for expenses directly related to coronavirus and the 
disruption of university operations:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                         Departmental Management

                         program administration

    For an additional amount for ``Program Administration'', $8,000,000, 
to remain available through September 30, 2021 to prevent, prepare for, 
and respond to coronavirus, domestically or internationally:  Provided, 
That such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                     office of the inspector general

    For an additional amount for ``Office of the Inspector General'', 
$7,000,000, to remain available through September 30, 2022, to prevent, 
prepare for, and respond to coronavirus, domestically or

[[Page 134 STAT. 571]]

internationally, including for salaries and expenses necessary for 
oversight and audit of programs, grants, and projects funded in this Act 
to respond to coronavirus:  Provided, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                   Corporation for Public Broadcasting

    For an additional amount for ``Corporation for Public 
Broadcasting'', $75,000,000, to remain available through September 30, 
2021, to prevent, prepare for, and respond to coronavirus, including for 
fiscal stabilization grants to public telecommunications entities, as 
defined by 47 U.S.C. 397(12), with no deduction for administrative or 
other costs of the Corporation, to maintain programming and services and 
preserve small and rural stations threatened by declines in non-Federal 
revenues:  Provided, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

    For an additional amount for ``Institute of Museum and Library 
Services'', $50,000,000, to remain available until September 30, 2021, 
to prevent, prepare for, and respond to coronavirus, including grants to 
States, territories and tribes to expand digital network access, 
purchase internet accessible devices, and provide technical support 
services:  Provided, That any matching funds requirements for States, 
tribes, libraries, and museums are waived for grants provided with funds 
made available under this heading in this Act:  Provided further, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                        Railroad Retirement Board

                      limitation on administration

    For an additional amount for the ``Railroad Retirement Board'', 
$5,000,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, including the purchase of 
information technology equipment to improve the mobility of the 
workforce and provide for additional hiring or overtime hours as needed 
to administer the Railroad Unemployment Insurance Act:  Provided, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

[[Page 134 STAT. 572]]

                     Social Security Administration

                  limitation on administrative expenses

    For an additional amount for ``Limitation on Administrative 
Expenses'', $300,000,000, to remain available through September 30, 2021 
to prevent, prepare for, and respond to coronavirus, domestically or 
internationally, including paying the salaries and benefits of all 
employees affected as a result of office closures, telework, phone and 
communication services for employees, overtime costs, and supplies, and 
for resources necessary for processing disability and retirement 
workloads and backlogs:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                     GENERAL PROVISIONS--THIS TITLE

                      (including transfer of funds)

    Sec. 18108.  Funds appropriated by this title may be used by the 
Secretary of the Department of Health and Human Services to appoint, 
without regard to the provisions of sections 3309 through 3319 of title 
5 of the United States Code, candidates needed for positions to perform 
critical work relating to coronavirus for which--
            (1) public notice has been given; and
            (2) the Secretary of Health and Human Services has 
        determined that such a public health threat exists.

    Sec. 18109.  Funds <<NOTE: Contracts. Notification.>>  made 
available by this title may be used to enter into contracts with 
individuals for the provision of personal services (as described in 
section 104 of part 37 of title 48, Code of Federal Regulations (48 CFR 
37.104)) to support the prevention of, preparation for, or response to 
coronavirus, domestically and internationally, subject to prior 
notification to the Committees on Appropriations of the House of 
Representatives and the Senate:  Provided, That such individuals may not 
be deemed employees of the United States for the purpose of any law 
administered by the Office of Personnel Management: <<NOTE: Expiration 
date.>>   Provided further, That the authority made available pursuant 
to this section shall expire on September 30, 2024.

    Sec. 18110. (a) <<NOTE: Determination. 5 USC 5547 note.>>  If 
services performed by an employee during fiscal year 2020 are determined 
by the head of the agency to be primarily related to preparation, 
prevention, or response to coronavirus, any premium pay for such 
services shall be disregarded in calculating the aggregate of such 
employee's basic pay and premium pay for purposes of a limitation under 
section 5547(a) of title 5, United States Code, or under any other 
provision of law, whether such employee's pay is paid on a biweekly or 
calendar year basis.

    (b) Any overtime pay for such services shall be disregarded in 
calculating any annual limit on the amount of overtime pay payable in a 
calendar or fiscal year.
    (c) With regard to such services, any pay that is disregarded under 
either subsection (a) or (b) shall be disregarded in calculating such 
employee's aggregate pay for purposes of the limitation in section 5307 
of such title 5.
    (d)(1) <<NOTE: Applicability.>>  Pay that is disregarded under 
subsection (a) or (b) shall not cause the aggregate of the employee's 
basic pay and premium

[[Page 134 STAT. 573]]

pay for the applicable calendar year to exceed the rate of basic pay 
payable for a position at level II of the Executive Schedule under 
section 5313 of title 5, United States Code, as in effect at the end of 
such calendar year.

    (2) <<NOTE: Definition.>>  For purposes of applying this subsection 
to an employee who would otherwise be subject to the premium pay limits 
established under section 5547 of title 5, United States Code, ``premium 
pay'' means the premium pay paid under the provisions of law cited in 
section 5547(a).

    (3) <<NOTE: Determination.>>  For purposes of applying this 
subsection to an employee under a premium pay limit established under an 
authority other than section 5547 of title 5, United States Code, the 
agency responsible for administering such limit shall determine what 
payments are considered premium pay.

    (e) <<NOTE: Effective date.>>  This section shall take effect as if 
enacted on February 2, 2020.

    (f) If application of this section results in the payment of 
additional premium pay to a covered employee of a type that is normally 
creditable as basic pay for retirement or any other purpose, that 
additional pay shall not--
            (1) be considered to be basic pay of the covered employee 
        for any purpose; or
            (2) be used in computing a lump-sum payment to the covered 
        employee for accumulated and accrued annual leave under section 
        5551 or section 5552 of title 5, United States Code.

    Sec. 18111.  Funds <<NOTE: Transfer authority. Consultation.>>  
appropriated by this title to the heading ``Department of Health and 
Human Services'' may be transferred to, and merged with, other 
appropriation accounts under the headings ``Centers for Disease Control 
and Prevention'', ``Public Health and Social Services Emergency Fund'', 
``Administration for Children and Families'', ``Administration for 
Community Living'', and ``National Institutes of Health'' to prevent, 
prepare for, and respond to coronavirus following consultation with the 
Office of Management and Budget:  Provided, 
That <<NOTE: Notification. Deadline.>>  the Committees on Appropriations 
of the House of Representatives and the Senate shall be notified 10 days 
in advance of any such transfer:  Provided further, 
That, <<NOTE: Determination.>>  upon a determination that all or part of 
the funds transferred from an appropriation by this title are not 
necessary, such amounts may be transferred back to that appropriation:  
Provided further, That none of the funds made available by this title 
may be transferred pursuant to the authority in section 205 of division 
A of Public Law 116-94 or section 241(a) of the PHS Act.

    Sec. 18112.  Not <<NOTE: Deadline. Spend plans.>>  later than 30 
days after the date of enactment of this Act, the Secretary of Health 
and Human Services shall provide a detailed spend plan of anticipated 
uses of funds made available to the Department of Health and Human 
Services in this Act, including estimated personnel and administrative 
costs, to the Committees on Appropriations of the House of 
Representatives and the Senate:  Provided, That <<NOTE: Time 
period. Termination date. List.>>  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.

[[Page 134 STAT. 574]]

    Sec. 18113.  Of <<NOTE: Transfer authority.>>  the funds 
appropriated by this title under the heading ``Public Health and Social 
Services Emergency Fund'', up to $4,000,000 shall be transferred to, and 
merged with, funds made available under the heading ``Office of the 
Secretary, Office of Inspector General'', and shall remain available 
until expended, for oversight of activities supported with funds 
appropriated to the Department of Health and Human Services to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That <<NOTE: Consultation.>>  the Inspector 
General of the Department of Health and Human Services shall consult 
with the Committees on Appropriations of the House of Representatives 
and the Senate prior to obligating such funds:  Provided further, That 
the transfer authority provided by this section is in addition to any 
other transfer authority provided by law.

    Sec. 18114. (a) <<NOTE: Payments. Reimbursements.>>  Funds 
appropriated in title III of the Coronavirus Preparedness and Response 
Supplemental Appropriations Act, 2020 (Public Law 116-123) shall be paid 
to the ``Department of Homeland Security--Countering Weapons of Mass 
Destruction Office--Federal Assistance''account for costs incurred, 
including to reimburse costs incurred prior to the enactment of this 
Act, under other transaction authority and related to screening for 
coronavirus, domestically or internationally.

    (b) <<NOTE: Definition.>>  The term coronavirus has the meaning 
given the term in section 506 of the Coronavirus Preparedness and 
Response Supplemental Appropriations Act, 2020.

    (c) The amounts repurposed in this section that were previously 
designated by the Congress as an emergency requirement pursuant to the 
Balanced Budget and Emergency Deficit Control Act of 1985 are designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.
    Sec. 18115. (a) <<NOTE: Reports. 42 USC 247d note.>>  In General.--
Every laboratory that performs or analyzes a test that is intended to 
detect SARS-CoV-2 or to diagnose a possible case of COVID-19 shall 
report the results from each such test, to the Secretary of Health and 
Human Services in such form and manner, and at such timing and 
frequency, as the Secretary may prescribe until the end of the 
Secretary's Public Health Emergency declaration with respect to COVID-19 
or any extension of such declaration.

    (b) <<NOTE: 42 USC 247d note. Regulations. 42 USC 247d note.>>  
Laboratories Covered.--The Secretary may prescribe which laboratories 
must submit reports pursuant to this section.

    (c) Implementation.--The Secretary may make prescriptions under this 
section by regulation, including by interim final rule, or by guidance, 
and may issue such regulations or guidance without regard to the 
procedures otherwise required by section 553 of title 5, United States 
Code.
    (d) Repealer.--Section 1702 of division A of the Families First 
Coronavirus Response Act <<NOTE: Ante, p. 183.>> is repealed.

[[Page 134 STAT. 575]]

                                TITLE IX

                           LEGISLATIVE BRANCH

                                 SENATE

                    Contingent Expenses of the Senate

              sergeant at arms and doorkeeper of the senate

    For an additional amount for ``Sergeant at Arms and Doorkeeper of 
the Senate'', $1,000,000, to remain available until expended, to 
prevent, prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                           miscellaneous items

    For an additional amount for ``Miscellaneous Items'', $9,000,000, to 
remain available until expended, to prevent, prepare for, and respond to 
coronavirus, domestically or internationally, subject to approval by the 
Committee on Appropriations of the Senate and the Senate Committee on 
Rules and Administration:  Provided, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                        HOUSE OF REPRESENTATIVES

                          Salaries and Expenses

    For <<NOTE: Spend plan.>>  an additional amount for ``Salaries and 
Expenses'', $25,000,000, to remain available until September 30, 2021, 
except that $5,000,000 shall remain available until expended, to 
prevent, prepare for, and respond to coronavirus, domestically or 
internationally, to be allocated in accordance with a spend plan 
submitted to the Committee on Appropriations of the House of 
Representatives by the Chief Administrative Officer and approved by such 
Committee:  Provided, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                               JOINT ITEMS

                    Office of the Attending Physician

    For an additional amount for ``Office of the Attending Physician'', 
$400,000, to remain available until expended, to prevent, prepare for, 
and respond to coronavirus, domestically or internationally:  Provided, 
That such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

[[Page 134 STAT. 576]]

                             Capitol Police

                                salaries

    For an additional amount for ``Salaries'', $12,000,000, to remain 
available until September 30, 2021, to prevent, prepare for, and respond 
to coronavirus, domestically or internationally:  Provided, That the 
Capitol Police may transfer amounts appropriated under this heading in 
this Act to ``General Expenses'' without the approval requirement of 2 
U.S.C. 1907(a):  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                        ARCHITECT OF THE CAPITOL

                   Capital Construction and Operations

    For an additional amount for ``Capital Construction and 
Operations'', $25,000,000, to remain available until September 30, 2021, 
to prevent, prepare for, and respond to coronavirus, domestically or 
internationally, including to purchase and distribute cleaning and 
sanitation products throughout all facilities and grounds under the care 
of the Architect of the Capitol, wherever located, and any related 
services and operational costs: <<NOTE: Reports. Time period.>>   
Provided, That the Architect of the Capitol shall provide a report 
within 30 days enactment of this Act, and every 30 days thereafter, to 
the Committees on Appropriations of the Senate and House of 
Representatives, the Senate Committee on Rules and Administration, and 
the Committee on House Administration on expenditure of funds from 
amounts appropriated under this heading in this Act:  Provided further, 
That this amount shall be in addition to any other funds available for 
such purposes in appropriations Acts for the legislative branch:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                           LIBRARY OF CONGRESS

                          Salaries and Expenses

    For an additional amount for ``Salaries and Expenses'', $700,000, to 
remain available until September 30, 2020, to prevent, prepare for, and 
respond to coronavirus, domestically or internationally, to be made 
available to the Little Scholars Child Development Center, subject to 
approval by the Committees on Appropriations of the Senate and House of 
Representatives, the Senate Committee on Rules and Administration, and 
the Committee on House Administration:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

[[Page 134 STAT. 577]]

                    GOVERNMENT ACCOUNTABILITY OFFICE

                          Salaries and Expenses

    For an <<NOTE: Audits. Investigations. Reimbursements.>>  additional 
amount for ``Salaries and Expenses'', $20,000,000, to remain available 
until expended, to prevent, prepare for, and respond to coronavirus, 
domestically or internationally, for audits and investigations and for 
reimbursement of the Tiny Findings Child Development Center for salaries 
for employees, as authorized by this Act:  Provided, 
That <<NOTE: Deadline. Spend plan. Estimates. Timeline.>>  not later 
than 90 days after the date of enactment of this Act, the Government 
Accountability Office shall submit to the Committees on Appropriations 
of the House of Representatives and the Senate a spend plan specifying 
funding estimates and a timeline for such audits and investigations:  
Provided further, That $600,000 shall be made available to the Tiny 
Findings Child Development Center, subject to approval by the Committees 
on Appropriations of the Senate and House of Representatives, the Senate 
Committee on Rules and Administration, and the Committee on House 
Administration:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                     GENERAL PROVISIONS--THIS TITLE


  source of funds used for payment of salaries and expenses of senate 
                       employee child care center


    Sec. 19001. The Secretary <<NOTE: Reimbursements. Effective date. 2 
USC 2063 note.>>  of the Senate shall reimburse the Senate Employee 
Child Care Center for personnel costs incurred starting on April 1, 
2020, for employees of such Center who have been ordered to cease 
working due to measures taken in the Capitol complex to combat 
coronavirus, not to exceed $84,000 per month, from amounts in the 
appropriations account ``Miscellaneous Items'' within the contingent 
fund of the Senate.


 source of funds used for payment of salaries and expenses of house of 
                    representatives child care center


    Sec. 19002.  (a) Authorizing Use of Revolving Fund or Appropriated 
Funds.--Section 312(d)(3)(A) of the Legislative Branch Appropriations 
Act, 1992 (2 U.S.C. 2062(d)(3)(A)) is amended--
            (1) in subparagraph (A), by striking the period at the end 
        and inserting the following: ``, and, at the option of the Chief 
        Administrative Officer during an emergency situation, the 
        payment of the salary of other employees of the Center.''; and
            (2) by adding at the end the following new subparagraph:
                    ``(C) During an emergency situation, the payment of 
                such other expenses for activities carried out under 
                this section as the Chief Administrative Officer 
                determines appropriate.''.

    (b) <<NOTE: 2 USC 2062 note.>>  Effective Date.--The amendment made 
by subsection (a) shall apply with respect to fiscal year 2020 and each 
succeeding fiscal year.

[[Page 134 STAT. 578]]

payments to ensure continuing availability of goods and services during 
                        the coronavirus emergency


    Sec. 19003.  (a) <<NOTE: 2 USC 5548 note.>>  Authorization to Make 
Payments.--Notwithstanding any other provision of law and subject to 
subsection (b), during an emergency situation, the Chief Administrative 
Officer of the House of Representatives may make payments under 
contracts with vendors providing goods and services to the House in 
amounts and under terms and conditions other than those provided under 
the contract in order to ensure that those goods and services remain 
available to the House throughout the duration of the emergency.

    (b) Conditions.--
            (1) Approval required.--The Chief Administrative Officer may 
        not make payments under the authority of subsection (a) without 
        the approval of the Committee on House Administration of the 
        House of Representatives.
            (2) Availability of appropriations.--The authority of the 
        Chief Administrative Officer to make payments under the 
        authority of subsection (a) is subject to the availability of 
        appropriations to make such payments.

    (c) Applicability.--This section shall apply with respect to fiscal 
year 2020 and each succeeding fiscal year.


  source of funds used for payment of salaries and expenses of little 
                    scholars child development center


    Sec. 19004.  The <<NOTE: Reimbursements. 2 USC 162b note.>>  Library 
of Congress shall reimburse Little Scholars Child Development Center for 
salaries for employees incurred from April 1, 2020, to September 30, 
2020, for employees of such Center who have been ordered to cease 
working due to measures taken in the Capitol complex to combat 
coronavirus, not to exceed $113,000 per month, from amounts in the 
appropriations account ``Library of Congress--Salaries and Expenses''.


   authorizing payments under service contracts during the coronavirus 
                                emergency


    Sec. 19005.  (a) <<NOTE: Time period. 2 USC 1816b note.>>  
Authorizing Payments.--Notwithstanding section 3324(a) of title 31, 
United States Code, or any other provision of law and subject to 
subsection (b), if the employees of a contractor with a service contract 
with the Architect of the Capitol are furloughed or otherwise unable to 
work during closures, stop work orders, or reductions in service arising 
from or related to the impacts of coronavirus, the Architect of the 
Capitol may continue to make the payments provided for under the 
contract for the weekly salaries and benefits of such employees for not 
more than 16 weeks.

    (b) Availability of Appropriations.--The authority of the Architect 
of the Capitol to make payments under the authority of subsection (a) is 
subject to the availability of appropriations to make such payments.
    (c) Regulations.--The Architect of the Capitol shall promulgate such 
regulations as may be necessary to carry out this section.


                      mass mailings as franked mail


    Sec. 19006.  (a) Waiver.--Section 3210(a)(6)(D) of title 39, United 
States Code, is amended by striking the period at the end of the first 
sentence and inserting the following: ``, and in

[[Page 134 STAT. 579]]

the case of the Commission, to waive this paragraph in the case of 
mailings sent in response to or to address threats to life safety.''.
    (b) <<NOTE: 39 USC 3210 note.>>  Effective Date.--The amendments 
made by this subsection shall apply with respect to mailings sent on or 
after the date of the enactment of this Act.


                          technical correction


    Sec. 19007. In the matter preceding the first proviso under the 
heading ``Library of Congress--Salaries and Expenses'' in division E of 
the Further Consolidated Appropriations Act, 2020 (Public Law 116-
94), <<NOTE: 133 Stat. 2766.>>  strike `` $504,164,000'' and insert `` 
$510,164,000''.

                          conforming amendment

    Sec. 19008.  Section 110(a)(1)(A) of the Family and Medical Leave 
Act of 1993 (as added by section 3102 of the Families First Coronavirus 
Response Act (Public Law 116-127)) <<NOTE: Ante, p. 189.>>  is amended--
            (1) by inserting before ``In lieu of'' the following:
                          ``(i) In general.--''; and
            (2) by adding at the end the following:
                          ``(ii) <<NOTE: Definition.>>  Special rule.--
                      For purposes of applying section 102(a)(1)(F) and 
                      this section under the Congressional 
                      Accountability Act of 1995, in lieu of the 
                      definition in section 202(a)(2)(B) of that Act (2 
                      U.S.C. 1312(a)(2)(B)), the term `eligible 
                      employee' means a covered employee (as defined in 
                      section 101 of that Act (2 U.S.C. 1301)) who has 
                      been employed for at least 30 calendar days by the 
                      employing office (as so defined) with respect to 
                      whom leave is requested under section 
                      102(a)(1)(F).''.

   source of funds used for payment of salaries and expenses of tiny 
                    findings child development center

    Sec. 19009.  The <<NOTE: Reimbursements. Time period.>>  Government 
Accountability Office may reimburse the Tiny Findings Child Development 
Center for salaries for employees incurred from April 1, 2020, to 
September 30, 2020, for employees of such Center who have been ordered 
to cease working due to measures taken in the Capitol complex to combat 
coronavirus, not to exceed $100,000 per month, from amounts in the 
appropriations account ``Government Accountability Office--Salaries and 
Expenses''.


                      oversight and audit authority


    Sec. 19010.  (a) <<NOTE: 31 USC 712 note.>>  Definitions.--In this 
section--
            (1) the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Appropriations of the Senate;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (C) the Committee on Health, Education, Labor, and 
                Pensions of the Senate;
                    (D) the Committee on Appropriations of the House of 
                Representatives;
                    (E) the Committee on Homeland Security of the House 
                of Representatives;

[[Page 134 STAT. 580]]

                    (F) the Committee on Oversight and Reform of the 
                House of Representatives; and
                    (G) the Committee on Energy and Commerce of the 
                House of Representatives; and
            (2) the term ``Comptroller General'' means the Comptroller 
        General of the United States.

    (b) <<NOTE: Audit. Review.>>  Authority.--The Comptroller General 
shall conduct monitoring and oversight of the exercise of authorities, 
or the receipt, disbursement, and use of funds made available, under 
this Act or any other Act to prepare for, respond to, and recover from 
the Coronavirus 2019 pandemic and the effect of the pandemic on the 
health, economy, and public and private institutions of the United 
States, including public health and homeland security efforts by the 
Federal Government and the use of selected funds under this or any other 
Act related to the Coronavirus 2019 pandemic and a comprehensive audit 
and review of charges made to Federal contracts pursuant to authorities 
provided in the Coronavirus Aid, Relief, and Economic Security Act.

    (c) Briefings and Reports.-- <<NOTE: Time period.>> In conducting 
monitoring and oversight under subsection (b), the Comptroller General 
shall--
            (1) during the period beginning on the date of enactment of 
        this Act and ending on the date on which the national emergency 
        declared by the President under the National Emergencies Act (50 
        U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 
        2019 (COVID-19) expires, offer regular briefings on not less 
        frequently than a monthly basis to the appropriate congressional 
        committees regarding Federal public health and homeland security 
        efforts;
            (2) publish reports regarding the ongoing monitoring and 
        oversight efforts, which, along with any audits and 
        investigations conducted by the Comptroller General, shall be 
        submitted to the appropriate congressional committees and posted 
        on the website of the Government Accountability Office--
                     <<NOTE: Termination date.>> (A) not later than 90 
                days after the date of enactment of this Act, and every 
                other month thereafter until the date that is 1 year 
                after the date of enactment of this Act; and
                    (B) after the period described in subparagraph (A), 
                on a periodic basis; and
            (3) submit to the appropriate congressional committees 
        additional reports as warranted by the findings of the 
        monitoring and oversight activities of the Comptroller General.

    (d) Access to Information.--
            (1) <<NOTE: Records.>>  Right of access.--In conducting 
        monitoring and oversight activities under this section, the 
        Comptroller General shall have access to records, upon request, 
        of any Federal, State, or local agency, contractor, grantee, 
        recipient, or subrecipient pertaining to any Federal effort or 
        assistance of any type related to the Coronavirus 2019 pandemic 
        under this Act or any other Act, including private entities 
        receiving such assistance.
            (2) <<NOTE: Records.>>  Copies.--The Comptroller General may 
        make and retain copies of any records accessed under paragraph 
        (1) as the Comptroller General determines appropriate.
            (3) Interviews.--In addition to such other authorities as 
        are available, the Comptroller General or a designee of the 
        Comptroller General may interview Federal, State, or local

[[Page 134 STAT. 581]]

        officials, contractor staff, grantee staff, recipients, or 
        subrecipients pertaining to any Federal effort or assistance of 
        any type related to the Coronavirus 2019 pandemic under this or 
        any other Act, including private entities receiving such 
        assistance.
            (4) Inspection of facilities.--As determined necessary by 
        the Comptroller General, the Government Accountability Office 
        may inspect facilities at which Federal, State, or local 
        officials, contractor staff, grantee staff, or recipients or 
        subrecipients carry out their responsibilities related to the 
        Coronavirus 2019 pandemic.
            (5) Enforcement.--Access rights under this subsection shall 
        be subject to enforcement consistent with section 716 of title 
        31, United States Code.

    (e) Relationship to Existing Authority.--Nothing in this section 
shall be construed to limit, amend, supersede, or restrict in any manner 
any existing authority of the Comptroller General.


   national emergency relief authority for the register of copyrights


    Sec. 19011.  (a) Amendment.--Chapter 7 of title 17, United States 
Code, is amended by adding at the end the following:
``Sec. 710. <<NOTE: 17 USC 710.>>  Emergency relief authority

    ``(a) <<NOTE: Determination.>>  Emergency Action.--If, on or before 
December 31, 2021, the Register of Copyrights determines that a national 
emergency declared by the President under the National Emergencies Act 
(50 U.S.C. 1601 et seq.) generally disrupts or suspends the ordinary 
functioning of the copyright system under this title, or any component 
thereof, including on a regional basis, the Register may, on a temporary 
basis, toll, waive, adjust, or modify any timing provision (including 
any deadline or effective period, except as provided in subsection (c)) 
or procedural provision contained in this title or chapters II or III of 
title 37, Code of Federal Regulations, for no longer than the Register 
reasonably determines to be appropriate to mitigate the impact of the 
disruption caused by the national emergency. In taking such action, the 
Register shall consider the scope and severity of the particular 
national emergency, and its specific effect with respect to the 
particular provision, and shall tailor any remedy accordingly.

    ``(b) Notice and Effect.--Any action taken by the Register in 
response to a national emergency pursuant to subsection (a) shall not be 
subject to section 701(e) or subchapter II of chapter 5 of title 5, 
United States Code, and chapter 7 of title 5, United States Code. The 
provision of general public notice detailing the action being taken by 
the Register in response to the national emergency under subsection (a) 
is sufficient to effectuate such action. <<NOTE: Determination.>> The 
Register may make such action effective both prospectively and 
retroactively in relation to a particular provision as the Register 
determines to be appropriate based on the timing, scope, and nature of 
the public emergency, but any action by the Register may only be 
retroactive with respect to a deadline that has not already passed 
before the declaration described in subsection (a).

    ``(c) <<NOTE: Deadline. Time period.>>  Statement Required.--Except 
as provided in subsection (d), not later than 20 days after taking any 
action that results in a provision being modified for a cumulative total 
of longer than 120 days, the Register shall submit to Congress a 
statement

[[Page 134 STAT. 582]]

detailing the action taken, the relevant background, and rationale for 
the action.

    ``(d) Exceptions.--The authority of the Register to act under 
subsection (a) does not extend provisions under this title requiring the 
commencement of an action or proceeding in Federal court within a 
specified period of time, except that if the Register adjusts the 
license availability date defined in section 115(e)(15), such adjustment 
shall not affect the ability to commence actions for any claim of 
infringement of exclusive rights provided by paragraphs (1) and (3) of 
section 106 against a digital music provider arising from the 
unauthorized reproduction or distribution of a musical work by such 
digital music provider in the course of engaging in covered activities 
that accrued after January 1, 2018, provided that such action is 
commenced within the time periods prescribed under section 
115(d)(10)(C)(i) or 115(d)(10)(C)(ii) as calculated from the adjusted 
license availability date. If the Register adjusts the license 
availability date, the Register must provide the statement to Congress 
under subsection (c) at the same time as the public notice of such 
adjustment with a detailed explanation of why such adjustment is needed.
    ``(e) Copyright Term Exception.--The authority of the Register to 
act under subsection (a) does not extend to provisions under chapter 3, 
except section 304(c), or section 1401(a)(2).
    ``(f) Other Laws.--Notwithstanding section 301 of the National 
Emergencies Act (50 U.S.C. 1631), the authority of the Register under 
subsection (a) is not contingent on a specification made by the 
President under such section or any other requirement under that Act 
(other than the emergency declaration under section 201(a) of such Act 
(50 U.S.C. 1621(a))). The authority described in this section supersedes 
the authority of title II of the National Emergencies Act (50 U.S.C. 
1621 et seq.).''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 7 of title 17, United States Code, <<NOTE: 17 USC 701 prec.>>  
is amended by adding at the end the following:

``710. Emergency relief authority.''.

    (c) Emergency Requirement.--The amount provided by this section is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                                 TITLE X

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

      general operating expenses, veterans benefits administration

    For an additional amount for ``General Operating Expenses, Veterans 
Benefits Administration'', $13,000,000, to remain available until 
September 30, 2021, to prevent, prepare for, and respond to coronavirus, 
domestically or internationally:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

[[Page 134 STAT. 583]]

                     Veterans Health Administration

                            medical services

    For an additional amount for ``Medical Services'', $14,432,000,000, 
to remain available until September 30, 2021, to prevent, prepare for, 
and respond to coronavirus, domestically or internationally, including 
related impacts on health care delivery, and for support to veterans who 
are homeless or at risk of becoming homeless:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                         medical community care

    For an additional amount for ``Medical Community Care'', 
$2,100,000,000, to remain available until September 30, 2021, to 
prevent, prepare for, and respond to coronavirus, domestically or 
internationally, including related impacts on health care delivery:  
Provided, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                     medical support and compliance

    For an additional amount for ``Medical Support and Compliance'', 
$100,000,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally, including related impacts on health care delivery:  
Provided, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                           medical facilities

    For an additional amount for ``Medical Facilities'', $606,000,000, 
to remain available until September 30, 2021, to prevent, prepare for, 
and respond to coronavirus, domestically or internationally, including 
related impacts on health care delivery:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                       Departmental Administration

                         general administration

    For an additional amount for ``General Administration'', $6,000,000, 
to remain available until September 30, 2021, to prevent, prepare for, 
and respond to coronavirus, domestically or internationally:  Provided, 
That such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

[[Page 134 STAT. 584]]

                     information technology systems

    For an additional amount for ``Information Technology Systems'', 
$2,150,000,000, to remain available until September 30, 2021, to 
prevent, prepare for, and respond to coronavirus, domestically or 
internationally, including related impacts on health care delivery:  
Provided, <<NOTE: Spend plan.>> That the Secretary shall transmit to the 
Committees on Appropriations of both Houses of Congress a spend plan 
detailing the allocation of such funds between pay and associated costs, 
operations and maintenance, and information technology systems 
development:  Provided further, <<NOTE: Notification.>> That after such 
transmittal is provided, funds may only be reprogrammed among the three 
subaccounts referenced in the previous proviso after the Secretary of 
Veterans Affairs submits notice to the Committees on Appropriations of 
both Houses of Congress:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                       office of inspector general

    For an additional amount for ``Office of Inspector General'', 
$12,500,000, to remain available until September 30, 2022, to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally, for oversight and audit of programs, activities, grants 
and projects funded under this title:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

        grants for construction of state extended care facilities

    For an additional amount for ``Grants for Construction of State 
Extended Care Facilities'', $150,000,000, to remain available until 
September 30, 2021, to prevent, prepare for, and respond to coronavirus, 
domestically or internationally, including to modify or alter existing 
hospital, nursing home, and domiciliary facilities in State homes:  
Provided, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                            RELATED AGENCIES

                 Armed Forces Retirement Home Trust Fund

    For an additional amount for the ``Armed Forces Retirement Home 
Trust Fund'', $2,800,000, to remain available until September 30, 2021, 
to prevent, prepare for, and respond to coronavirus, to be paid from 
funds available in the Armed Forces Retirement Home Trust Fund:  
Provided, That of the amounts made available under this heading from 
funds available in the Armed Forces Retirement Home Trust Fund, 
$2,800,000 shall be paid from the general fund of the Treasury to the 
Trust Fund: <<NOTE: Reports.>>   Provided further, That the Chief 
Executive Officer of the Armed Forces Retirement Home shall submit to 
the Committees on Appropriations of both Houses of Congress monthly 
reports detailing obligations, expenditures,

[[Page 134 STAT. 585]]

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

                     GENERAL PROVISIONS--THIS TITLE

                      (including transfer of funds)

    Sec. 20001.  Amounts made available for the Department of Veterans 
Affairs in this title, under the ``Medical Services'', ``Medical 
Community Care'', ``Medical Support and Compliance'', and ``Medical 
Facilities'' accounts may be transferred among the accounts to prevent, 
prepare for, and respond to coronavirus, domestically and 
internationally:  Provided, That <<NOTE: Notification.>>  any transfers 
among the ``Medical Services'', ``Medical Community Care'', ``Medical 
Support and Compliance'', and ``Medical Facilities'' accounts of 2 
percent or less of the total amount appropriated to an account in this 
title may take place subject to notification from the Secretary of 
Veterans Affairs to the Committees on Appropriations of both Houses of 
Congress of the amount and purpose of the transfer:  Provided further, 
That <<NOTE: Transfer request and approval.>>  any transfers among the 
``Medical Services'', ``Medical Community Care'', ``Medical Support and 
Compliance'', and ``Medical Facilities'' accounts in excess of 2 percent 
of the total amount appropriated to an account in this title, or 
exceeding a cumulative 2 percent for all of the funds provided in this 
title, may take place only after the Secretary requests from the 
Committees on Appropriations of both Houses of Congress the authority to 
make the transfer and an approval is issued.

    Sec. 20002.  For <<NOTE: Reports.>>  all of the funds appropriated 
in this title the Secretary of Veterans Affairs shall submit to the 
Committees on Appropriations of both Houses of Congress monthly reports 
detailing obligations, expenditures, and planned activities.


                         public health emergency


    Sec. 20003. In this <<NOTE: Definition. 38 USC 303 note.>>  title, 
the term ``public health emergency'' means an emergency with respect to 
COVID-19 declared by a Federal, State, or local authority.


short-term agreements or contracts with telecommunications providers to 
expand telemental health services for isolated veterans during a public 
                            health emergency


    Sec. 20004.  (a) <<NOTE: 38 USC 1712A note.>>  In General.--
Notwithstanding any other provision of law, the Secretary of Veterans 
Affairs may enter into short-term agreements or contracts with 
telecommunications companies to provide temporary, complimentary or 
subsidized, fixed and mobile broadband services for the purposes of 
providing expanded mental health services to isolated veterans through 
telehealth or VA Video Connect during a public health emergency.

    (b) Eligibility.--
            (1) In general.--The Secretary may expand eligibility for 
        services described in subsection (a) from the Department of 
        Veterans Affairs to include veterans already receiving care from 
        the Department who may not be eligible for mental health 
        services or other health care services delivered through 
        telehealth or VA Video Connect.

[[Page 134 STAT. 586]]

            (2) Priority.--For purposes of expanding eligibility under 
        paragraph (1), the Secretary shall prioritize--
                    (A) veterans who are in unserved and underserved 
                areas;
                    (B) veterans who reside in rural and highly rural 
                areas, as defined in the Rural-Urban Commuting Areas 
                coding system of the Department of Agriculture;
                    (C) low-income veterans; and
                    (D) any other veterans that the Secretary considers 
                to be at a higher risk for suicide and mental health 
                concerns during isolation periods due to a public health 
                emergency.

    (c) Definitions.--In this section:
            (1) Telehealth.--
                    (A) In general.--The term ``telehealth'' means the 
                use of electronic information and telecommunications 
                technologies to support and promote long-distance 
                clinical health care, patient and professional health-
                related education, public health, and health 
                administration.
                    (B) Technologies.--For purposes of subparagraph (A), 
                telecommunications technologies include 
                videoconferencing, the internet, streaming media, and 
                terrestrial and wireless communications.
            (2) VA video connect.--The term ``VA Video Connect'' means 
        the program of the Department of Veterans Affairs to connect 
        veterans with their health care team from anywhere, using 
        encryption to ensure a secure and private session.


         treatment of state homes during public health emergency


    Sec. 20005.  (a) <<NOTE: 38 USC 1741 note.>>  Waiver of Occupancy 
Rate Requirements.--During a public health emergency, occupancy rate 
requirements for State homes for purposes of receiving per diem payments 
set forth in section 51.40(c) of title 38, Code of Federal Regulations, 
or successor regulations, shall not apply.

    (b) Waiver of Veteran Percentage Requirements.--During a public 
health emergency, the veteran percentage requirements for State homes 
set forth in section 51.210(d) of title 38, Code of Regulations, or 
successor regulations, and in agreements for grants to construct State 
homes, shall not apply.
    (c) Provision of Medicine, Equipment, and Supplies.--
            (1) In general.--During a public health emergency, the 
        Secretary of Veterans Affairs may provide to State homes 
        medicines, personal protective equipment, medical supplies, and 
        any other equipment, supplies, and assistance available to the 
        Department of Veterans Affairs.
            (2) Provision of equipment.--Personal protective equipment 
        may be provided under paragraph (1) through the All Hazards 
        Emergency Cache of the Department of Veterans Affairs or any 
        other source available to the Department.

    (d) Definitions.--In this section:
            (1) Personal protective equipment.--The term ``personal 
        protective equipment'' means any protective equipment required 
        to prevent the wearer from contracting COVID-19, including 
        gloves, N-95 respirator masks, gowns, goggles, face shields, or 
        other equipment required for safety.
            (2) Public health emergency.--The term ``public health 
        emergency'' means an emergency with respect to COVID-19 declared 
        by a Federal, State, or local authority.

[[Page 134 STAT. 587]]

            (3) State home.--The term ``State home'' has the meaning 
        given that term in section 101(19) of title 38, United States 
        Code.


modifications to veteran directed care program of department of veterans 
                                 affairs


    Sec. 20006.  (a) <<NOTE: 38 USC 1701B note.>>  Telephone or 
Telehealth Renewals.--For the Veteran Directed Care program of the 
Department of Veterans Affairs (in this section referred to as the 
``Program''), during a public health emergency, the Secretary of 
Veterans Affairs shall--
            (1) <<NOTE: Waiver authority.>>  waive the requirement that 
        an area agency on aging process new enrollments and six-month 
        renewals for the Program via an in-person or home visit; and
            (2) allow new enrollments and sixth-month renewals for the 
        Program to be conducted via telephone or telehealth modality.

    (b) No Suspension or Disenrollment.--During a public health 
emergency, the Secretary shall not suspend or dis-enroll a veteran or 
caregiver of a veteran from the Program unless--
            (1) requested to do so by the veteran or a representative of 
        the veteran; or
            (2) a mutual decision is made between the veteran and a 
        health care provider of the veteran to suspend or dis-enroll the 
        veteran or caregiver from the Program.

    (c) Waiver of Paperwork Requirement.--During a public health 
emergency, the Secretary may waive the requirement for signed, mailed 
paperwork to confirm the enrollment or renewal of a veteran in the 
Program and may allow verbal consent of the veteran via telephone or 
telehealth modality to suffice for purposes of such enrollment or 
renewal.
    (d) Waiver of Other Requirements.--During a public health emergency, 
the Secretary shall waive--
            (1) any penalty for late paperwork relating to the Program; 
        and
            (2) <<NOTE: Time period.>>  any requirement to stop payments 
        for veterans or caregivers of veterans under the Program if they 
        are out of State for more than 14 days.

    (e) Area Agency on Aging Defined.--In this section, the term ``area 
agency on aging'' has the meaning given that term in section 102 of the 
Older Americans Act of 1965 (42 U.S.C. 3002).


  provision by department of veterans affairs of prosthetic appliances 
     through non-department providers during public health emergency


    Sec. 20007. The Secretary <<NOTE: Determination. 38 USC 1714 
note.>>  of Veterans Affairs shall ensure that, to the extent 
practicable, veterans who are receiving or are eligible to receive a 
prosthetic appliance under section 1714 or 1719 of title 38, United 
States Code, are able to receive such an appliance that the Secretary 
determines is needed from a non-Department of Veterans Affairs provider 
under a contract with the Department during a public health emergency.

[[Page 134 STAT. 588]]

   waiver of pay caps for employees of department of veterans affairs 
                    during public health emergencies


    Sec. 20008.  (a) <<NOTE: 38 USC 303 note.>>  In General.--
Notwithstanding any other provision of law, the Secretary of Veterans 
Affairs may waive any limitation on pay for an employee of the 
Department of Veterans Affairs during a public health emergency for work 
done in support of response to the emergency.

    (b) Reporting.--
            (1) In general.--For each month that the Secretary waives a 
        limitation under subsection (a), the Secretary shall submit to 
        the Committee on Veterans' Affairs of the Senate and the 
        Committee on Veterans' Affairs of the House of Representatives a 
        report on the waiver.
            (2) Contents.--Each report submitted under paragraph (1) for 
        a waiver or waivers in a month shall include the following:
                    (A) Where the waiver or waivers were used, including 
                in which component of the Department and, as the case 
                may be, which medical center of the Department.
                    (B) For how many employees the waiver or waivers 
                were used, disaggregated by component of the Department 
                and, if applicable, medical center of the Department.
                    (C) The average amount by which each payment 
                exceeded the waived pay limitation that was waived, 
                disaggregated by component of the Department and, if 
                applicable, medical center of the Department.

    (c) Employee of the Department of Veterans Affairs Defined.--In this 
section, the term ``employee of the Department of Veterans Affairs'' 
includes any employee of the Department of Veterans Affairs, regardless 
of the authority under which the employee was hired.


   provision by department of veterans affairs of personal protective 
                    equipment for home health workers


    Sec. 20009.  (a) <<NOTE: 38 USC 303 note.>>  Provision of 
Equipment.--
            (1) In general.--During a public health emergency, the 
        Secretary of Veterans Affairs shall provide to employees and 
        contractors of the Department of Veterans Affairs personal 
        protective equipment necessary to provide home care to veterans 
        under the laws administered by the Secretary.
            (2) Source of equipment.--Personal protective equipment may 
        be provided under paragraph (1) through the All Hazards 
        Emergency Cache of the Department or any other source available 
        to the Department.

    (b) Definitions.--In this section:
            (1) Home care.--The term ``home care'' has the meaning given 
        that term in section 1803(c) of title 38, United States Code.
            (2) Personal protective equipment.--The term ``personal 
        protective equipment'' means any protective equipment required 
        to prevent the wearer from contracting COVID-19, including 
        gloves, N-95 respirator masks, gowns, goggles, face shields, or 
        other equipment required for safety.

[[Page 134 STAT. 589]]

 clarification of treatment of payments for purposes of eligibility for 
              veterans pension and other veterans benefits


    Sec. 20010. Amounts paid <<NOTE: 38 USC 1503 note.>>  to a person 
under the 2020 Recovery Rebate in the Coronavirus Aid, Relief, and 
Economic Security Act shall not be treated as income or resources for 
purposes of determining eligibility for pension under chapter 15 of 
title 38, United States Code, or any other benefit under a law 
administered by the Secretary of Veterans Affairs.


   availability of telehealth for case managers and homeless veterans


    Sec. 20011. The Secretary <<NOTE: 38 USC 2041 note.>>  of Veterans 
Affairs shall ensure that telehealth capabilities are available during a 
public health emergency for case managers of, and homeless veterans 
participating in, the Department of Housing and Urban Development-
Department of Veterans Affairs Supportive Housing program (commonly 
referred to as ``HUD-VASH'').


funding limits for financial assistance for supportive services for very 
low-income veteran families in permanent housing during a public health 
                                emergency


    Sec. 20012. In the <<NOTE: 38 USC 2044 note.>>  case of a public 
health emergency, nothing in subsection (e)(1) of section 2044 of title 
38, United States Code, may be construed as limiting amounts that may be 
made available for carrying out subsections (a), (b), and (c) of such 
section.


 modifications to comprehensive service programs for homeless veterans 
                    during a public health emergency


    Sec. 20013.  (a) <<NOTE: 38 USC 2011 note.>>  Rule of 
Construction.--In the case of a public health emergency, no 
authorization of appropriations in section 2014 of title 38, United 
States Code, may be construed as limiting amounts that may be 
appropriated for carrying out subchapter II of chapter 20 of such title.

    (b) <<NOTE: Waiver authority.>>  Grants and Per Diem Payments.--In 
the case of a public health emergency, the Secretary of Veterans Affairs 
may waive any limits on--
            (1) grant amounts under sections 2011 and 2061 of title 38, 
        United States Code; and
            (2) rates for per diem payments under sections 2012 and 2061 
        of such title.

    (c) <<NOTE: Time periods.>>  Participant Absence.--Notwithstanding 
Veterans Health Administration Handbook 1162.01(1), dated July 12, 2013, 
and amended June 30, 2014, and titled ``Grant and Per Diem (GPD) 
Program'', or any other provision of law, for the duration of a public 
health emergency, the Secretary--
            (1) <<NOTE: Waiver authority.>>  shall waive any requirement 
        to discharge a veteran from the grant and per diem program of 
        the Veterans Health Administration after the veteran is absent 
        for 14 days; and
            (2) may continue to pay per diem to grant recipients and 
        eligible entities under the program for any additional days of 
        absence when a veteran has already been absent for more than 72 
        hours.

    Sec. 20014.  The amounts provided by sections 20003 through 20013 of 
this title in this Act are designated by the Congress as being for an 
emergency requirement pursuant to section

[[Page 134 STAT. 590]]

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

                                TITLE XI

                           DEPARTMENT OF STATE

                    Administration of Foreign Affairs

                           diplomatic programs

    For an additional amount for ``Diplomatic Programs'', $324,000,000, 
to remain available until September 30, 2022, to prevent, prepare for, 
and respond to coronavirus, including for necessary expenses to maintain 
consular operations and to provide for evacuation expenses and emergency 
preparedness:  Provided, That such amount is designated by the Congress 
as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                   Funds Appropriated to the President

                           operating expenses

    For an additional amount for ``Operating Expenses'', $95,000,000, to 
remain available until September 30, 2022, to prevent, prepare for, and 
respond to coronavirus:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                      BILATERAL ECONOMIC ASSISTANCE

                   Funds Appropriated to the President

                    international disaster assistance

    For an additional amount for ``International Disaster Assistance'', 
$258,000,000, to remain available until expended, to prevent, prepare 
for, and respond to coronavirus:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                           Department of State

                    migration and refugee assistance

    For an additional amount for ``Migration and Refugee Assistance'', 
$350,000,000, to remain available until expended, to prevent, prepare 
for, and respond to coronavirus:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

[[Page 134 STAT. 591]]

                          Independent Agencies

                               peace corps

    For an additional amount for ``Peace Corps'', $88,000,000, to remain 
available until September 30, 2022, to prevent, prepare for, and respond 
to coronavirus:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                     GENERAL PROVISIONS--THIS TITLE

                      (including transfer of funds)

    Sec. 21001.  The <<NOTE: Applicability.>>  authorities and 
limitations of section 402 of the Coronavirus Preparedness and Response 
Supplemental Appropriations Act (division A of Public Law 116-123) shall 
apply to funds appropriated by this title as follows:
            (1) Subsections (a), (d), (e), and (f) shall apply to funds 
        under the heading ``Diplomatic Programs''; and
            (2) Subsections (c), (d), (e), and (f) shall apply to funds 
        under the heading ``International Disaster Assistance''.

    Sec. 21002.  Funds <<NOTE: Reimbursements.>>  appropriated by this 
title under the headings ``Diplomatic Programs'', ``Operating 
Expenses'', and ``Peace Corps'' may be used to reimburse such accounts 
administered by the Department of State, the United States Agency for 
International Development, and the Peace Corps, as appropriate, for 
obligations incurred to prevent, prepare for, and respond to coronavirus 
prior to the date of enactment of this Act.

    Sec. 21003.  The <<NOTE: Applicability.>>  reporting requirement of 
section 406(b) of the Coronavirus Preparedness and Response Supplemental 
Appropriations Act, 2020 (division A of Public Law 116-123) shall apply 
to funds appropriated by this title:  Provided, That the requirement to 
jointly submit such report shall not apply to the Director of the Peace 
Corps:  Provided further, That reports required by such section may be 
consolidated and shall include information on all funds made available 
to such Federal agencies to prevent, prepare for, and respond to 
coronavirus.

    Sec. 21004.  Section 7064(a) of the Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2020 (division G of 
Public Law 116-94) <<NOTE: 22 USC 3948 note.>>  is amended by striking 
`` $100,000,000'' and inserting in lieu thereof `` $110,000,000'', and 
by adding the following before the period at the end: ``: Provided, That 
no amounts may be used that were designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to the 
Concurrent Resolution on the Budget or the Balanced Budget and Emergency 
Deficit Control Act of 1985''.

    Sec. 21005.  The Department of State, Foreign Operations, and 
Related Programs Appropriations Act, 2020 (division G of Public Law 116-
94) is amended <<NOTE: 133 Stat. 2818.>>  under the heading 
``Emergencies in the Diplomatic and Consular Service'' in title I by 
striking `` $1,000,000'' and inserting in lieu thereof `` $5,000,000''.

    Sec. 21006.  The Department of State, Foreign Operations, and 
Related Programs Appropriations Act, 2020 (division G of Public Law 116-
94) is amended <<NOTE: 133 Stat. 2832.>>  under the heading ``Millennium 
Challenge Corporation'' in title III by striking `` $105,000,000'' in 
the first proviso and inserting in lieu thereof `` $107,000,000''.

[[Page 134 STAT. 592]]

    Sec. 21007.  Notwithstanding any <<NOTE: Paid leave. 22 USC 2651a 
note.>>  other provision of law, and in addition to leave authorized 
under any other provision of law, the Secretary of State and the 
Administrator of the United States Agency for International Development 
may, in order to prevent, prepare for, and respond to coronavirus, 
provide additional paid leave to address employee hardships resulting 
from coronavirus:  Provided, That <<NOTE: Applicability. Time period.>>  
this authority shall apply to leave taken since January 29, 2020, and 
may be provided abroad and domestically:  Provided further, 
That <<NOTE: Consultation.>>  the Secretary and the Administrator shall 
consult with the Committee on Appropriations and the Committee on 
Foreign Relations of the Senate and the Committee on Appropriations and 
the Committee on Foreign Affairs of the House of Representatives prior 
to implementation of such authority:  Provided further, 
That <<NOTE: Expiration date.>>  the authority made available pursuant 
to this section shall expire on September 30, 2022.

    Sec. 21008.  The Secretary <<NOTE: 22 USC 2670 note.>>  of State, to 
prevent, prepare for, and respond to coronavirus, may exercise the 
authorities of section 3(j) of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2670(j)) to provide medical services or related 
support for private United States citizens, nationals, and permanent 
resident aliens abroad, or third country nationals connected to such 
persons or to the diplomatic or development missions of the United 
States abroad, who are unable to obtain such services or support 
otherwise:  Provided, That such assistance shall be provided on a 
reimbursable basis to the extent feasible:  Provided further, 
That <<NOTE: Reimbursements.>>  such reimbursements may be credited to 
the applicable Department of State appropriation and shall remain 
available until expended:  Provided further, That the Secretary shall 
prioritize providing medical services or related support to individuals 
eligible for the health program under section 904 of the Foreign Service 
Act of 1980 (22 U.S.C. 4084):  Provided further, That <<NOTE: Expiration 
date.>>  the authority made available pursuant to this section shall 
expire on September 30, 2022.

    Sec. 21009.  Notwithstanding section 6(b) of the Department of State 
Authorities Act of 2006 (Public Law 109-472; 120 Stat. 3556), during 
fiscal year 2020, passport and immigrant visa surcharges collected in 
any fiscal year pursuant to the fourth paragraph under the heading 
``Diplomatic and Consular Programs'' in the Department of State and 
Related Agency Appropriations Act, 2005 (title IV of division B of 
Public Law 108-447; 8 U.S.C. 1714) may be obligated and expended for the 
costs of providing consular services:  Provided, That such funds should 
be prioritized for United States citizen services:  Provided further, 
That <<NOTE: Reports.>>  not later than 90 days after the expiration of 
this authority, the Secretary of State shall provide a report to the 
Committee on Appropriations and the Committee on Foreign Relations of 
the Senate and the Committee on Appropriations and the Committee on 
Foreign Affairs of the House of Representatives detailing the specific 
expenditures made pursuant to this authority:  Provided further, That 
the amount provided by this section is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

    Sec. 21010.  The 
Department <<NOTE: Contracts. Consultation. Notification. 22 USC 4084 
note.>>  of State and the United States Agency for International 
Development are authorized to enter into contracts with individuals for 
the provision of personal services (as described in section 104 of part 
37 of title 48, Code of Federal Regulations and including pursuant to 
section 904 of the Foreign Service Act of 1980 (22 U.S.C. 4084)) to 
prevent, prepare for, and

[[Page 134 STAT. 593]]

respond to coronavirus, within the United States and abroad, subject to 
prior consultation with, and the notification procedures of, the 
Committee on Appropriations and the Committee on Foreign Relations of 
the Senate and the Committee on Appropriations and the Committee on 
Foreign Affairs of the House of Representatives:  Provided, That such 
individuals may not be deemed employees of the United States for the 
purpose of any law administered by the Office of Personnel 
Management: <<NOTE: Reports.>>   Provided further, That not later than 
15 days after utilizing this authority, the Secretary of State shall 
provide a report to the Committee on Appropriations and the Committee on 
Foreign Relations of the Senate and the Committee on Appropriations and 
the Committee on Foreign Affairs of the House of Representatives on the 
overall staffing needs for the Office of Medical Services:  Provided 
further, That <<NOTE: Expiration date.>>  the authority made available 
pursuant to this section shall expire on September 30, 2022.

    Sec. 21011.  Notwithstanding any <<NOTE: Oaths. 22 USC 2651a 
note.>>  other provision of law, the Secretary of State and the 
Administrator of the United States Agency for International Development 
may authorize any oath of office required by law to, in particular 
circumstances that could otherwise pose health risks, be administered 
remotely, subject to appropriate verification:  Provided, 
That <<NOTE: Reports.>>  prior to initially exercising the authority of 
this section, the Secretary and the Administrator shall each submit a 
report to the Committee on Appropriations and the Committee on Foreign 
Relations of the Senate and the Committee on Appropriations and the 
Committee on Foreign Affairs of the House of Representatives describing 
the process and procedures for administering such oaths, including 
appropriate verification:  Provided further, That <<NOTE: Expiration 
date.>>  the authority made available pursuant to this section shall 
expire on September 30, 2021.

    Sec. 21012. (a) <<NOTE: Effective date. 22 USC 282p note.>>  
Purposes.--For purposes of strengthening the ability of foreign 
countries to prevent, prepare for, and respond to coronavirus and to the 
adverse economic impacts of coronavirus, in a manner that would protect 
the United States from the spread of coronavirus and mitigate an 
international economic crisis resulting from coronavirus that may pose a 
significant risk to the economy of the United States, each paragraph of 
subsection (b) shall take effect upon enactment of this Act.

    (b) Coronavirus Responses.--
            (1) International development association replenishment.--
        The International Development Association Act (22 U.S.C. 284 et 
        seq.) is amended by adding at the end the following new section:
``SEC. 31. <<NOTE: 22 USC 284cc.>>  NINETEENTH REPLENISHMENT.

    ``(a) In General.--The United States Governor of the International 
Development Association is authorized to contribute on behalf of the 
United States $3,004,200,000 to the nineteenth replenishment of the 
resources of the Association, subject to obtaining the necessary 
appropriations.
    ``(b) Authorization of Appropriations.--In order to pay for the 
United States contribution provided for in subsection (a), there are 
authorized to be appropriated, without fiscal year limitation, 
$3,004,200,000 for payment by the Secretary of the Treasury.''.
            (2) International finance corporation authorization.--The 
        International Finance Corporation Act (22 U.S.C.

[[Page 134 STAT. 594]]

        282 et seq.) is amended by adding at the end the following new 
        section:
``SEC. 18. <<NOTE: 22 USC 282p.>>  CAPITAL INCREASES AND AMENDMENT 
                      TO THE ARTICLES OF AGREEMENT.

    ``(a) Votes Authorized.--The United States Governor of the 
Corporation is authorized to vote in favor of--
            ``(1) a resolution to increase the authorized capital stock 
        of the Corporation by 16,999,998 shares, to implement the 
        conversion of a portion of the retained earnings of the 
        Corporation into paid-in capital, which will result in the 
        United States being issued an additional 3,771,899 shares of 
        capital stock, without any cash contribution;
            ``(2) a resolution to increase the authorized capital stock 
        of the Corporation on a general basis by 4,579,995 shares; and
            ``(3) a resolution to increase the authorized capital stock 
        of the Corporation on a selective basis by 919,998 shares.

    ``(b) Amendment of the Articles of Agreement.--The United States 
Governor of the Corporation is authorized to agree to and accept an 
amendment to article II, section 2(c)(ii) of the Articles of Agreement 
of the Corporation that would increase the vote by which the Board of 
Governors of the Corporation may increase the capital stock of the 
Corporation from a four-fifths majority to an eighty-five percent 
majority.''.
            (3) African development bank.--The African Development Bank 
        Act (22 U.S.C. 290i et seq.) is amended by adding at the end the 
        following new section:
``SEC. 1345. <<NOTE: 22 USC 290i-12.>>  SEVENTH CAPITAL INCREASE.

    ``(a) Subscription Authorized.--
            ``(1) In general.--The United States Governor of the Bank 
        may subscribe on behalf of the United States to 532,023 
        additional shares of the capital stock of the Bank.
            ``(2) Limitation.--Any subscription by the United States to 
        the capital stock of the Bank shall be effective only to such 
        extent and in such amounts as are provided in advance in 
        appropriations Acts.

    ``(b) Authorization of Appropriations.--
            ``(1) In general.--In order to pay for the increase in the 
        United States subscription to the Bank under subsection (a), 
        there are authorized to be appropriated, without fiscal year 
        limitation, $7,286,587,008 for payment by the Secretary of the 
        Treasury.
            ``(2) Share types.--Of the amount authorized to be 
        appropriated under paragraph (1)--
                    ``(A) $437,190,016 shall be for paid in shares of 
                the Bank; and
                    ``(B) $6,849,396,992 shall be for callable shares of 
                the Bank.''.
            (4) African development fund.--The African Development Fund 
        Act (22 U.S.C. 290g et seq.) is amended by adding at the end the 
        following new section:
``SEC. 226. <<NOTE: 22 USC 290g-25.>>  FIFTEENTH REPLENISHMENT.

    ``(a) In General.--The United States Governor of the Fund is 
authorized to contribute on behalf of the United States

[[Page 134 STAT. 595]]

$513,900,000 to the fifteenth replenishment of the resources of the 
Fund, subject to obtaining the necessary appropriations.
    ``(b) Authorization of Appropriations.--In order to pay for the 
United States contribution provided for in subsection (a), there are 
authorized to be appropriated, without fiscal year limitation, 
$513,900,000 for payment by the Secretary of the Treasury.''.
            (5) International monetary fund authorization for new 
        arrangements to borrow.--
                    (A) In general.--Section 17 of the Bretton Woods 
                Agreements Act (22 U.S.C. 286e-2) is amended--
                          (i) in subsection (a)--
                                    (I) by redesignating paragraphs (3), 
                                (4), and (5) as paragraphs (4), (5), and 
                                (6), respectively;
                                    (II) by inserting after paragraph 
                                (2) the following new paragraph:
            ``(3) <<NOTE: Loans. Reports.>>  In order to carry out the 
        purposes of a one-time decision of the Executive Directors of 
        the International Monetary Fund (the Fund) to expand the 
        resources of the New Arrangements to Borrow, established 
        pursuant to the decision of January 27, 1997, referred to in 
        paragraph (1), the Secretary of the Treasury is authorized to 
        make loans, in an amount not to exceed the dollar equivalent of 
        28,202,470,000 of Special Drawing Rights, in addition to any 
        amounts previously authorized under this section, except that 
        prior to activation of the New Arrangements to Borrow, the 
        Secretary of the Treasury shall report to Congress whether 
        supplementary resources are needed to forestall or cope with an 
        impairment of the international monetary system and whether the 
        Fund has fully explored other means of funding to the Fund.'';
                                    (III) in paragraph (5), as so 
                                redesignated, by striking ``paragraph 
                                (3)'' and inserting ``paragraph (4)''; 
                                and
                                    (IV) in paragraph (6), as so 
                                redesignated, by striking ``December 16, 
                                2022'' and inserting ``December 31, 
                                2025''; and
                          (ii) in subsection (e)(1) by striking 
                      ``(a)(2),'' each place such term appears and 
                      inserting ``(a)(2), (a)(3),''.
                    (B) Emergency designation.--The amount provided by 
                this paragraph is designated by the Congress as being 
                for an emergency requirement pursuant to section 
                251(b)(2)(A)(i) of the Balanced Budget and Emergency 
                Deficit Control Act of 1985.

                                TITLE XII

                      DEPARTMENT OF TRANSPORTATION

                         Office of the Secretary

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $1,753,000, 
to remain available until expended, to prevent, prepare for, and respond 
to coronavirus, including necessary expenses for operating costs and 
capital outlays:  Provided, That such amounts are in addition to any 
other amounts made available for this purpose:  Provided further, That 
obligations of amounts under this

[[Page 134 STAT. 596]]

heading in this Act shall not be subject to the limitation on 
obligations under the heading ``Office of the Secretary--Working Capital 
Fund'' in division H of the Further Consolidated Appropriations Act, 
2020 (Public Law 116-94):  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                          essential air service

    In addition to funds provided to the ``Payments to Air Carriers'' 
program in Public Law 116-94 to carry out the essential air service 
program under section 41731 through 41742 of title 49, United States 
Code, $56,000,000, to be derived from the general fund of the Treasury, 
and to be made available to the Essential Air Service and Rural 
Improvement Fund, to remain available until expended, to prevent, 
prepare for, and respond to coronavirus:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                     Federal Aviation Administration

                       grants-in-aid for airports

    For an additional amount for ``Grants-In-Aid for Airports'', 
$10,000,000,000, to prevent, prepare for, and respond to coronavirus, to 
remain available until expended:  Provided, That amounts made available 
under this heading in this Act shall be derived from the general fund of 
the Treasury:  Provided further, That funds provided under this heading 
in this Act shall only be available to sponsors of airports defined in 
section 47102 of title 49, United States Code:  Provided further, That 
funds provided under this heading in this Act shall not otherwise be 
subject to the requirements of chapter 471 of such title:  Provided 
further, That notwithstanding <<NOTE: Applicability. Contracts.>>  the 
previous proviso, section 47112(b) of such title shall apply to funds 
provided for any contract awarded (after the date of enactment) for 
airport development and funded under this heading:  Provided further, 
That funds provided under this heading in this Act may not be used for 
any purpose not directly related to the airport:  Provided further, That 
of the amounts appropriated under this heading in this Act--
            (1) Not less than $500,000,000 shall be available to pay a 
        Federal share of 100 percent of the costs for which a grant is 
        made under Public Law 116-94:  Provided, That any remaining 
        funds after the apportionment under this paragraph (1) shall be 
        distributed as described in paragraph (2) under this heading in 
        this Act;
            (2) Not less than $7,400,000,000 shall be available for any 
        purpose for which airport revenues may lawfully be used:  
        Provided, That 50 percent of such funds shall be allocated among 
        all commercial service airports based on each sponsor's calendar 
        year 2018 enplanements as a percentage of total 2018 
        enplanements for all commercial service airports:  Provided 
        further, That the remaining 50 percent of such funds shall be 
        allocated among all commercial service airports based on an 
        equal combination of each sponsor's fiscal year 2018 debt 
        service as a percentage of the combined debt service for all 
        commercial

[[Page 134 STAT. 597]]

        service airports and each sponsor's ratio of unrestricted 
        reserves to their respective debt service:  Provided further, 
        That the Federal share payable of the costs for which a grant is 
        made under this paragraph shall be 100 percent:
            (3) Up to $2,000,000,000 shall be available for any purpose 
        for which airport revenues may lawfully be used, and: (A) be 
        apportioned as set forth in section 47114(c)(1)(C)(i), 
        47114(c)(1)(C)(ii), or 47114(c)(1)(H) of title 49, United States 
        Code; (B) not be subject to the reduced apportionments of 49 
        U.S.C. 47114(f); and (C) have no maximum apportionment limit, 
        notwithstanding 47114(c)(1)(C)(iii) of title 49, United States 
        Code:  Provided, That any remaining funds after the 
        apportionment under this paragraph (3) shall be distributed as 
        described in paragraph (2) under this heading in this Act:  
        Provided further, That the Federal share payable of the costs 
        for which a grant is made under this paragraph shall be 100 
        percent; and
            (4) <<NOTE: Apportionment.>>  Not less than $100,000,000 
        shall be for general aviation airports for any purpose for which 
        airport revenues may lawfully be used, and, which the Secretary 
        shall apportion directly to each eligible airport, as defined in 
        section 47102(8) of title 49, United States Code, based on the 
        categories published in the most current National Plan of 
        Integrated Airport Systems, reflecting the percentage of the 
        aggregate published eligible development costs for each such 
        category, and then dividing the allocated funds evenly among the 
        eligible airports in each category, rounding up to the nearest 
        thousand dollars:  Provided, That the Federal share payable of 
        the costs for which a grant is made under this paragraph shall 
        be 100 percent:

  Provided further, That the Administrator of the Federal Aviation 
Administration may retain up to 0.1 percent of the funds provided under 
this heading in this Act to fund the award and oversight by the 
Administrator of grants made under this heading in this Act:  Provided 
further, That obligations of funds under this heading in this Act shall 
not be subject to any limitations on obligations provided in Public Law 
116-94:  Provided further, That <<NOTE: Workforce retention. Extension 
date.>>  all airports receiving funds under this heading in this Act 
shall continue to employ, through December 31, 2020, at least 90 percent 
of the number of individuals employed (after making adjustments for 
retirements or voluntary employee separations) by the airport as of the 
date of enactment of this Act:  Provided further, That <<NOTE: Waiver 
authority. Determination.>>  the Secretary may waive the workforce 
retention requirement in the previous proviso, if the Secretary 
determines the airport is experiencing economic hardship as a direct 
result of the requirement, or the requirement reduces aviation safety or 
security:  Provided further, That the workforce retention requirement 
shall not apply to nonhub airports or nonprimary airports receiving 
funds under this heading in this Act:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

[[Page 134 STAT. 598]]

               Federal Motor Carrier Safety Administration

              motor carrier safety operations and programs

    Of prior year unobligated contract authority and liquidating cash 
provided for Motor Carrier Safety in the Transportation Equity Act for 
the 21st Century (Public Law 105-178), SAFETEA-LU (Public Law 109-59), 
or other appropriations or authorization acts, in addition to amounts 
already appropriated in fiscal year 2020 for ``Motor Carrier Safety 
Operations and Programs'', $150,000 in additional obligation limitation 
is provided and repurposed for obligations incurred to support 
activities to prevent, prepare for, and respond to coronavirus.

                     Federal Railroad Administration

                          safety and operations

    For an additional amount for ``Safety and Operations'', $250,000, to 
remain available until September 30, 2021, to prevent, prepare for, and 
respond to coronavirus:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

northeast corridor grants to the national railroad passenger corporation

                      (including transfer of funds)

    For an additional amount for ``Northeast Corridor Grants to the 
National Railroad Passenger Corporation'', $492,000,000, to remain 
available until expended, to prevent, prepare for, and respond to 
coronavirus, including to enable the Secretary of Transportation to make 
or amend existing grants to the National Railroad Passenger Corporation 
for activities associated with the Northeast Corridor, as authorized by 
section 11101(a) of the Fixing America's Surface Transportation Act 
(division A of Public Law 114-94):  Provided, That amounts made 
available under this heading in this Act may be transferred to and 
merged with ``National Network Grants to the National Railroad Passenger 
Corporation'' to prevent, prepare for, and respond to coronavirus:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

 national network grants to the national railroad passenger corporation

                      (including transfer of funds)

    For an additional amount for ``National Network Grants to the 
National Railroad Passenger Corporation'', $526,000,000, to remain 
available until expended, to prevent, prepare for, and respond to 
coronavirus, including to enable the Secretary of Transportation to make 
or amend existing grants to the National Railroad Passenger Corporation 
for activities associated with the National Network as authorized by 
section 11101(b) of the Fixing

[[Page 134 STAT. 599]]

America's Surface Transportation Act (division A of Public Law 114-94):  
Provided, That a State shall not be required to pay the National 
Railroad Passenger Corporation more than 80 percent of the amount paid 
in fiscal year 2019 under section 209 of the Passenger Rail Investment 
and Improvement Act of 2008 (Public Law 110-432) and that not less than 
$239,000,000 of the amounts made available under this heading in this 
Act shall be made available for use in lieu of any increase in a State's 
payment:  Provided further, That amounts made available under this 
heading in this Act may be transferred to and merged with ``Northeast 
Corridor Grants to the National Railroad Passenger Corporation'' to 
prevent, prepare for, and respond to coronavirus:  Provided further, 
That such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                     Federal Transit Administration

                      transit infrastructure grants

    For an additional amount for ``Transit Infrastructure Grants'', 
$25,000,000,000, to remain available until expended, to prevent, prepare 
for, and respond to coronavirus:  Provided, That the Secretary of 
Transportation shall provide funds appropriated under this heading in 
this Act as if such funds were provided under section 5307 of title 49, 
United States Code, and section 5311 of title 49, United States Code and 
apportion such funds in accordance with section 5336 of such title 
(other than subsections (h)(1) and (h)(4)), section 5311 (other than 
subsection (b)(3) and (c)(1)(A)), section 5337 and section 5340 of title 
49, United States Code, and apportion such funds in accordance with such 
sections except that funds apportioned under section 5337 shall be added 
to funds apportioned under 5307 for administration under 5307:  Provided 
further, That the Secretary shall allocate the amounts provided in the 
preceding proviso under sections 5307, 5311, 5337, and 5340 of title 49, 
United States Code, among such sections in the same ratio as funds were 
provided in the fiscal year 2020 appropriations:  Provided further, 
That <<NOTE: Apportionment. Deadline.>>  funds apportioned under this 
heading in this Act shall be apportioned not later than 7 days after the 
date of enactment of this Act:  Provided further, That funds shall be 
apportioned using the fiscal year 2020 apportionment formulas:  Provided 
further, That not more than three-quarters of 1 percent, but not to 
exceed $75,000,000, of the funds for transit infrastructure grants 
provided under this heading in this Act shall be available for 
administrative expenses and ongoing program management oversight as 
authorized under sections 5334 and 5338(f)(2) of title 49, United States 
Code, and shall be in addition to any other appropriations for such 
purpose:  Provided further, That <<NOTE: Effective 
date. Reimbursements.>>  notwithstanding subsection (a)(1) or (b) of 
section 5307 of title 49, United States Code, funds provided under this 
heading are available for the operating expenses of transit agencies 
related to the response to a coronavirus public health emergency as 
described in section 319 of the Public Health Service Act, including, 
beginning on January 20, 2020, reimbursement for operating costs to 
maintain service and lost revenue due to the coronavirus public health 
emergency, including the purchase of personal protective equipment, and 
paying the administrative leave of operations personnel due

[[Page 134 STAT. 600]]

to reductions in service:  Provided further, That such operating 
expenses are not required to be included in a transportation improvement 
program, long-range transportation, statewide transportation plan, or a 
statewide transportation improvement program:  Provided further, That 
the Secretary shall not waive the requirements of section 5333 of title 
49, United States Code, for funds appropriated under this heading in 
this Act or for funds previously made available under section 5307 of 
title 49, United States Code, or sections 5311, 5337, or 5340 of such 
title as a result of the coronavirus:  Provided further, 
That <<NOTE: Applicability.>>  unless otherwise specified, applicable 
requirements under chapter 53 of title 49, United States Code, shall 
apply to funding made available under this heading in this Act, except 
that the Federal share of the costs for which any grant is made under 
this heading in this Act shall be, at the option of the recipient, up to 
100 percent:  Provided further, That the amount made available under 
this heading in this Act shall be derived from the general fund and 
shall not be subject to any limitation on obligations for transit 
programs set forth in any Act:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                         Maritime Administration

                         operations and training

    For an additional amount for ``Operations and Training'', 
$3,134,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus:  Provided, That of the amounts 
made available under this heading in this Act, $1,000,000 shall be for 
the operations of the United States Merchant Marine Academy:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                    state maritime academy operations

    For an additional amount for ``State Maritime Academy Operations'', 
$1,000,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus: <<NOTE: Payments.>>   Provided, 
That amounts made available under this heading in this Act shall be for 
direct payments for State Maritime Academies:  Provided further, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                       Office of Inspector General

                          salaries and expenses

    For an additional amount for ``Office of Inspector General'', 
$5,000,000, to remain available until expended, to prevent, prepare for, 
and respond to coronavirus:  Provided, 
That <<NOTE: Audits. Investigations.>>  the funding made available under 
this heading in this Act shall be used for conducting audits and 
investigations of projects and activities carried out with

[[Page 134 STAT. 601]]

funds made available in this Act to the Department of Transportation to 
prevent, prepare for, and respond to coronavirus:  Provided further, 
That such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                      Management and Administration

                     administrative support offices

    For an additional amount for ``Administrative Support Offices'', 
$35,000,000, to remain available until September 30, 2021, to prevent, 
prepare for, and respond to coronavirus, for the Office of the Chief 
Financial Officer, including for Department-wide salaries and expenses, 
Information Technology purposes, and to support the Department's 
workforce in a telework environment:  Provided, That the amounts 
provided under this heading in this Act shall be in addition to amounts 
otherwise available for such purposes, including amounts made available 
under the heading ``Program Offices'' in this Act:  Provided further, 
That such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                             program offices

    For an additional amount for ``Program Offices'', $15,000,000, to 
remain available until September 30, 2021, to prevent, prepare for, and 
respond to coronavirus:  Provided, That of the sums appropriated under 
this heading in this Act--
            (1) $5,000,000 shall be available for the Office of Public 
        and Indian Housing; and
            (2) $10,000,000 shall be available for the Office of 
        Community Planning and Development:

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

                        Public and Indian Housing

                     tenant-based rental assistance

    For an additional amount for ``Tenant-Based Rental Assistance'', 
$1,250,000,000, to remain available until expended, to prevent, prepare 
for, and respond to coronavirus, including to provide additional funds 
for public housing agencies to maintain normal operations and take other 
necessary actions during the period that the program is impacted by 
coronavirus:  Provided, That of the amounts made available under this 
heading in this Act, $850,000,000 shall be available for both 
administrative expenses and other expenses of public housing agencies 
for their section 8 programs, including Mainstream vouchers:  Provided 
further, That such other expenses shall be new eligible activities to be 
defined by the Secretary and shall include activities to support or 
maintain the health and safety of assisted individuals and families, and

[[Page 134 STAT. 602]]

costs related to retention and support of participating owners:  
Provided further, That amounts made available under paragraph (3) under 
this heading in Public Law 116-94 may be used for such other expenses, 
as described in the previous proviso, in addition to their other 
available uses:  Provided further, That <<NOTE: Determination.>>  of the 
amounts made available under this heading in this Act, $400,000,000 
shall be available for adjustments in the calendar year 2020 section 8 
renewal funding allocations, in addition to any other appropriations 
available for such purpose, including Mainstream vouchers, for public 
housing agencies that experience a significant increase in voucher per-
unit costs due to extraordinary circumstances or that, despite taking 
reasonable cost savings measures, as determined by the Secretary, would 
otherwise be required to terminate rental assistance for families as a 
result of insufficient funding:  Provided further, 
That <<NOTE: Determination.>>  the Secretary shall allocate amounts 
provided in the previous proviso based on need, as determined by the 
Secretary:  Provided further, That <<NOTE: Waiver authority.>>  the 
Secretary may waive, or specify alternative requirements for, any 
provision of any statute or regulation that the Secretary administers in 
connection with the use of the amounts made available under this heading 
and the same heading of Public Law 116-94 (except for requirements 
related to fair housing, nondiscrimination, labor standards, and the 
environment), upon a finding by the Secretary that any such waivers or 
alternative requirements are necessary for the safe and effective 
administration of these funds, consistent with the purposes described 
under this heading in this Act, to prevent, prepare for, and respond to 
coronavirus:  Provided further, That <<NOTE: Notification. Public 
information. Federal Register, publication. Web 
posting. Determination.>>  the Secretary shall notify the public through 
the Federal Register or other appropriate means of any such waiver or 
alternative requirement to ensure the most expeditious allocation of 
this funding, and in order for such waiver or alternative requirement to 
take effect, and that such public notice may be provided, at a minimum, 
on the Internet at the appropriate Government web site or through other 
electronic media, as determined by the Secretary:  Provided further, 
That any such waivers or alternative requirements shall remain in effect 
for the time and duration specified by the Secretary in such public 
notice and may be extended if necessary upon additional notice by the 
Secretary:  Provided further, That to prevent, prepare for, and respond 
to coronavirus, the notification required by section 223 of Public Law 
116-6 and section 221 of Public Law 116-94 shall not apply to the award 
of amounts provided under paragraph (2) of this heading in Public Law 
116-6 or under paragraph (7)(B) of this heading in Public Law 116-94 in 
support of the family unification program under section 8(x) of such 
Act:  Provided further, That the Secretary may award any remaining 
unobligated balances appropriated under this heading in prior Acts for 
incremental tenant-based assistance contracts under section 811 of the 
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), to 
prevent, prepare for, and respond to coronavirus, without competition, 
including for extraordinary administrative fees:  Provided further, 
That <<NOTE: Time periods. Deadline.>>  no less than 25 percent of such 
amounts shall be allocated proportionally to public housing agencies who 
received awards in the 2017 and 2019 competitions for such purposes 
within 60 days of enactment of this Act:  Provided further, 
That <<NOTE: Applicability.>>  the waiver and alternative requirements 
authority provided under this heading

[[Page 134 STAT. 603]]

in this Act shall also apply to such incremental tenant-based assistance 
contract amounts:  Provided further, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                      public housing operating fund

    For an additional amount for ``Public Housing Operating Fund'', as 
authorized by section 9(e) of the United States Housing Act of 1937 (42 
U.S.C. 1437g(e)), $685,000,000, to remain available until September 30, 
2021, to prevent, prepare for, and respond to coronavirus, including to 
provide additional funds for public housing agencies to maintain normal 
operations and take other necessary actions during the period that the 
program is impacted by coronavirus:  Provided, That the amount provided 
under this heading in this Act shall be combined with the amount 
appropriated for the same purpose under the same heading of Public Law 
116-94, and distributed to all public housing agencies pursuant to the 
Operating Fund formula at part 990 of title 24, Code of Federal 
Regulations:  Provided further, That <<NOTE: Time period.>>  for the 
period from the enactment of this Act through December 31, 2020, such 
combined total amount may be used for eligible activities under 
subsections (d)(1) and (e)(1) of such section 9 and for other expenses 
related to preventing, preparing for, and responding to coronavirus, 
including activities to support or maintain the health and safety of 
assisted individuals and families, and activities to support education 
and child care for impacted families:  Provided further, That amounts 
made available under the headings ``Public Housing Operating Fund'' and 
``Public Housing Capital Fund'' in prior Acts, except for any set-asides 
listed under such headings, may be used for all of the purposes 
described in the previous proviso:  Provided further, That <<NOTE: Time 
periods.>>  the expanded uses and funding flexibilities described in the 
previous two provisos shall be available to all public housing agencies 
through December 31, 2020, except that the Secretary may extend the 
period under which such flexibilities shall be available in additional 
12 month increments upon a finding that individuals and families 
assisted by the public housing program continue to require expanded 
services due to coronavirus: <<NOTE: Waiver authority.>>   Provided 
further, That the Secretary may waive, or specify alternative 
requirements for, any provision of any statute or regulation that the 
Secretary administers in connection with the use of such combined total 
amount or funds made available under the headings ``Public Housing 
Operating Fund'' and ``Public Housing Capital Fund'' in prior Acts 
(except for requirements related to fair housing, nondiscrimination, 
labor standards, and the environment), upon a finding by the Secretary 
that any such waivers or alternative requirements are necessary for the 
safe and effective administration of these funds to prevent, prepare 
for, and respond to coronavirus:  Provided further, 
That <<NOTE: Notification. Public information. Federal 
Register, publication. Web posting. Determination.>>  the Secretary 
shall notify the public through the Federal Register or other 
appropriate means of any such waiver or alternative requirement, to 
ensure the most expeditious allocation of this funding, in order for 
such waiver or alternative requirement to take effect, and that such 
public notice may be provided, at a minimum, on the Internet at the 
appropriate Government web site or through other electronic media, as 
determined by the Secretary:  Provided further, That any such waivers or 
alternative

[[Page 134 STAT. 604]]

requirements shall remain in effect for the time and duration specified 
by the Secretary in such public notice and may be extended if necessary 
upon additional notice by the Secretary:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                        native american programs

    For an additional amount for ``Native American Programs'', 
$300,000,000, to remain available until September 30, 2024, to prevent, 
prepare for, and respond to coronavirus, for activities and assistance 
authorized under title I of the Native American Housing Assistance and 
Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), and 
under title I of the Housing and Community Development Act of 1974 with 
respect to Indian tribes (42 U.S.C. 5306(a)(1)):  Provided, That the 
amounts made available under this heading in this Act are as follows:
            (1) No less than $200,000,000 shall be available for the 
        Native American Housing Block Grants program, as authorized 
        under title I of NAHASDA:  Provided, That amounts made available 
        under this paragraph shall be distributed according to the same 
        funding formula used in fiscal year 2020:  Provided further, 
        That such amounts shall be used by recipients to prevent, 
        prepare for, and respond to coronavirus, including to maintain 
        normal operations and fund eligible affordable housing 
        activities under NAHASDA during the period that the program is 
        impacted by coronavirus: <<NOTE: Reimbursements.>>   Provided 
        further, That amounts provided under this heading in this Act 
        may be used to cover or reimburse allowable costs to prevent, 
        prepare for, and respond to coronavirus that are incurred by a 
        recipient, including for costs incurred prior to the date of 
        enactment of this Act:  Provided further, That <<NOTE: Waiver 
        authority.>>  the Secretary may waive, or specify alternative 
        requirements for, any provision of any statute or regulation 
        that the Secretary administers in connection with the use of 
        amounts made available under this paragraph or under the same 
        paragraph in Public Law 116-94 (except for requirements related 
        to fair housing, nondiscrimination, labor standards, and the 
        environment), upon a finding by the Secretary that any such 
        waivers or alternative requirements are necessary to expedite or 
        facilitate the use of such amounts to prevent, prepare for, and 
        respond to coronavirus:  Provided further, 
        That <<NOTE: Effective date. Applicability.>>  any such waivers 
        shall be deemed to be effective as of the date an Indian tribe 
        or tribally designated housing entity began preparing for 
        coronavirus and shall apply to the amounts made available under 
        this paragraph and to the previously appropriated amounts 
        described in the previous proviso; and
            (2) <<NOTE: Grants.>>  Up to $100,000,000 shall be available 
        for grants to Indian tribes under the Indian Community 
        Development Block Grant program under title I of the Housing and 
        Community Development Act of 1974, notwithstanding section 
        106(a)(1) of such Act, to prevent, prepare for, and respond to 
        coronavirus, for emergencies that constitute imminent threats to 
        health and safety:  Provided, That the Secretary shall 
        prioritize, without competition, allocations of these amounts 
        for activities and projects designed to prevent, prepare for, 
        and respond to

[[Page 134 STAT. 605]]

        coronavirus:  Provided further, That not to exceed 20 percent of 
        any grant made with funds appropriated under this paragraph 
        shall be expended for planning and management development and 
        administration:  Provided further, That amounts provided under 
        this heading in this Act may be used to cover or reimburse 
        allowable costs to prevent, prepare for, and respond to 
        coronavirus incurred by a recipient, including for costs 
        incurred prior to the date of enactment of this Act:  Provided 
        further, That, notwithstanding section 105(a)(8) of such Act (42 
        U.S.C. 5305(a)(8)), there shall be no per centum limitation for 
        the use of funds for public services activities to prevent, 
        prepare for, and respond to 
        coronavirus: <<NOTE: Applicability. Grants.>>   Provided 
        further, That the previous proviso shall apply to all such 
        activities for grants of funds made available under this 
        paragraph or under paragraph (4) of this heading in Public Law 
        116-94:  Provided further, That the Secretary may waive, or 
        specify alternative requirements for, any provision of any 
        statute or regulation that the Secretary administers in 
        connection with the use of amounts made available under this 
        paragraph or under paragraph (4) in Public Law 116-94 (except 
        for requirements related to fair housing, nondiscrimination, 
        labor standards, and the environment), upon a finding by the 
        Secretary that any such waivers or alternative requirements are 
        necessary to expedite or facilitate the use of such amounts to 
        prevent, prepare for, and respond to coronavirus:  Provided 
        further, That <<NOTE: Effective date. Applicability.>>  any such 
        waivers shall be deemed to be effective as of the date an Indian 
        tribe began preparing for coronavirus and shall apply to the 
        amounts made available under this paragraph and to the 
        previously appropriated amounts described in the previous 
        proviso:

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

                   Community Planning and Development

               housing opportunities for persons with aids

    For an additional amount for carrying out the ``Housing 
Opportunities for Persons with AIDS'' program, as authorized by the AIDS 
Housing Opportunity Act (42 U.S.C. 12901 et seq.), $65,000,000, to 
remain available until September 30, 2021, except that amounts allocated 
pursuant to section 854(c)(5) of such Act shall remain available until 
September 30, 2022, to provide additional funds to maintain operations 
and for rental assistance, supportive services, and other necessary 
actions, in order to prevent, prepare for, and respond to coronavirus:  
Provided, That not less than $50,000,000 of the amount provided under 
this heading in this Act shall be allocated pursuant to the formula in 
section 854 of such Act using the same data elements as utilized 
pursuant to that same formula in fiscal year 2020: <<NOTE: Grants.>>   
Provided further, That up to $10,000,000 of the amount provided under 
this heading in this Act shall be to provide an additional one-time, 
non-renewable award to grantees currently administering existing 
contracts for permanent supportive housing that initially were funded 
under section 854(c)(5) of such Act from funds made available under

[[Page 134 STAT. 606]]

this heading in fiscal year 2010 and prior years:  Provided further, 
That such awards shall be made proportionally to their existing grants:  
Provided further, That such awards are not required to be spent on 
permanent supportive housing: <<NOTE: Time period.>>   Provided further, 
That, notwithstanding section 859(b)(3)(B) of such Act, housing payment 
assistance for rent, mortgage, or utilities payments may be provided for 
a period of up to 24 months:  Provided further, That, to protect persons 
who are living with HIV/AIDS, such amounts provided under this heading 
in this Act may be used to self-isolate, quarantine, or to provide other 
coronavirus infection control services as recommended by the Centers for 
Disease Control and Prevention for household members not living with 
HIV/AIDS:  Provided further, That such amounts may be used to provide 
relocation services, including to provide lodging at hotels, motels, or 
other locations, for persons living with HIV/AIDS and household members 
not living with HIV/AIDS:  Provided further, That, notwithstanding 
section 856(g) of such Act (42 U.S.C. 12905(g)), a grantee may use up to 
6 percent of its award under this Act for administrative purposes, and a 
project sponsor may use up to 10 percent of its sub-award under this Act 
for administrative purposes: <<NOTE: Reimbursements.>>   Provided 
further, That such amounts provided under this heading in this Act may 
be used to cover or reimburse allowable costs consistent with the 
purposes of this heading incurred by a grantee or project sponsor 
regardless of the date on which such costs were incurred:  Provided 
further, That <<NOTE: Waiver authority. Effective date.>>  any 
regulatory waivers the Secretary may issue may be deemed to be effective 
as of the date a grantee began preparing for coronavirus:  Provided 
further, That <<NOTE: Applicability. Notification.>>  any additional 
activities or authorities authorized pursuant to this Act may also apply 
at the discretion and upon notice of the Secretary to all amounts made 
available under this same heading in Public Law 116-94 if such amounts 
are used by grantees for the purposes described under this heading:  
Provided further, That up to 2 percent of amounts made available under 
this heading in this Act may be used, without competition, to increase 
prior awards made to existing technical assistance providers to provide 
an immediate increase in capacity building and technical assistance 
available to grantees under this heading and under the same heading in 
prior Acts:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                       community development fund

    For an additional amount for ``Community Development Fund'', 
$5,000,000,000, to remain available until September 30, 2022, to 
prevent, prepare for, and respond to coronavirus: <<NOTE: Deadline.>>   
Provided, That up to $2,000,000,000 of the amount made available under 
this heading in this Act shall be distributed pursuant to section 106 of 
the Housing and Community Development Act of 1974 (42 U.S.C. 5306) to 
grantees that received allocations pursuant to that same formula in 
fiscal year 2020, and that such allocations shall be made within 30 days 
of enactment of this Act:  Provided further, That, in 
addition <<NOTE: Deadline. Determination.>>  to amounts allocated 
pursuant to the preceding proviso, an additional $1,000,000,000 shall be 
allocated directly to States and insular areas, as defined by 42 U.S.C. 
5302(a), to prevent, prepare for, and respond to coronavirus within the 
State

[[Page 134 STAT. 607]]

or insular area, including activities within entitlement and 
nonentitlement communities, based on public health needs, risk of 
transmission of coronavirus, number of coronavirus cases compared to the 
national average, and economic and housing market disruptions, and other 
factors, as determined by the Secretary, using best available data and 
that such allocations shall be made within 45 days of enactment of this 
Act:  Provided further, That <<NOTE: Determination.>>  remaining amounts 
shall be distributed directly to the State or unit of general local 
government, at the discretion of the Secretary, according to a formula 
based on factors to be determined by the Secretary, prioritizing risk of 
transmission of coronavirus, number of coronavirus cases compared to the 
national average, and economic and housing market disruptions resulting 
from coronavirus:  Provided further, That such allocations may be made 
on a rolling basis based on the best available data at the time of 
allocation:  Provided further, That <<NOTE: Reimbursements.>>  amounts 
made available in the preceding provisos may be used to cover or 
reimburse allowable costs consistent with the purposes of this heading 
in this Act incurred by a State or locality regardless of the date on 
which such costs were incurred:  Provided further, 
That <<NOTE: Deadline.>>  section 116(b) of such Act (42 U.S.C. 5316(b)) 
and any implementing regulations, which requires grantees to submit 
their final statements of activities no later than August 16 of a given 
fiscal year, shall not apply to final statements submitted in accordance 
with sections 104(a)(2) and (a)(3) of such Act (42 U.S.C. 5304(a)(2) and 
(a)(3)) and comprehensive housing affordability strategies submitted in 
accordance with section 105 of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 12705) for fiscal years 2019 and 2020:  Provided 
further, That <<NOTE: Deadline.>>  such final statements and 
comprehensive housing affordability strategies shall instead be 
submitted no later than August 16, 2021:  Provided further, 
That <<NOTE: Waiver authority.>>  the Secretary may waive, or specify 
alternative requirements for, any provision of any statute or regulation 
that the Secretary administers in connection with the use of amounts 
made available under this heading in this Act and under the same heading 
in Public Law 116-94 and Public Law 116-6 (except for requirements 
related to fair housing, nondiscrimination, labor standards, and the 
environment), upon a finding by the Secretary that any such waivers or 
alternative requirements are necessary to expedite or facilitate the use 
of such amounts to prevent, prepare for, and respond to coronavirus:  
Provided further, That up to $10,000,000 of amounts made available under 
this heading in this Act may be used to make new awards or increase 
prior awards to existing technical assistance providers, without 
competition, to provide an immediate increase in capacity building and 
technical assistance to support the use of amounts made available under 
this heading in this Act and under the same heading in prior Acts to 
prevent, prepare for, and respond to coronavirus:  Provided further, 
That, notwithstanding sections 104(a)(2), (a)(3), and (c) of the Housing 
and Community Development Act of 1974 (42 U.S.C. 5304(a)(2), (a)(3), and 
(c)) and section 105 of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 12705), a grantee may adopt and utilize expedited 
procedures to prepare, propose, modify, or amend its statement of 
activities for grants from amounts made available under this heading in 
this Act and under the same heading in Public Law 116-94 and Public Law 
116-6:  Provided further, That <<NOTE: Notice. Deadline.>>  under such 
expedited procedures, the grantee need not hold in-person public 
hearings,

[[Page 134 STAT. 608]]

but shall provide citizens with notice and a reasonable opportunity to 
comment of no less than 5 days:  Provided further, That, <<NOTE: Virtual 
hearings.>>  for as long as national or local health authorities 
recommend social distancing and limiting public gatherings for public 
health reasons, a grantee may create virtual public hearings to fulfill 
applicable public hearing requirements for all grants from funds made 
available under this heading in this Act and under the same heading in 
Public Law 116-94 and Public Law 116-6:  Provided further, That 
any <<NOTE: Notification. Public information. Certifications.>>  such 
virtual hearings shall provide reasonable notification and access for 
citizens in accordance with the grantee's certifications, timely 
responses from local officials to all citizen questions and issues, and 
public access to all questions and responses:  Provided further, That, 
notwithstanding section 105(a)(8) of the Housing and Community 
Development Act of 1974 (42 U.S.C. 5305(a)(8)), there shall be no per 
centum limitation for the use of funds for public services activities to 
prevent, prepare for, and respond to coronavirus:  Provided further, 
That <<NOTE: Applicability. Grants.>>  the previous proviso shall apply 
to all such activities for grants of funds made available under this 
heading in this Act and under the same heading in Public Law 116-94 and 
Public Law 116-6: <<NOTE: Procedures.>>   Provided further, That the 
Secretary shall ensure there are adequate procedures in place to prevent 
any duplication of benefits as required by section 312 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155) 
and in accordance with section 1210 of the Disaster Recovery Reform Act 
of 2018 (division D of Public Law 115-254; 132 Stat. 3442), which 
amended section 312 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5155):  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                       homeless assistance grants

    For an additional amount for ``Homeless Assistance Grants'', 
$4,000,000,000, to remain available until September 30, 2022, to 
prevent, prepare for, and respond to coronavirus, among individuals and 
families who are homeless or receiving homeless assistance and to 
support additional homeless assistance and homelessness prevention 
activities to mitigate the impacts created by coronavirus under the 
Emergency Solutions Grants program as authorized under subtitle B of 
title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 
et seq.), as amended: <<NOTE: Deadline.>>   Provided, That up to 
$2,000,000,000 of the amount appropriated under this heading in this Act 
shall be distributed pursuant to 24 CFR 576.3 to grantees that received 
allocations pursuant to that same formula in fiscal year 2020, and that 
such allocations shall be made within 30 days of enactment of this Act:  
Provided further, That, <<NOTE: Deadline.>>  remaining amounts shall be 
allocated directly to a State or unit of general local government by a 
formula to be developed by the Secretary and that such allocations shall 
be made within 90 days of enactment of this Act:  Provided further, 
That <<NOTE: Determinations.>>  such formula shall allocate such amounts 
for the benefit of unsheltered homeless, sheltered homeless, and those 
at risk of homelessness, to geographical areas with the greatest need 
based on factors to be determined by the Secretary, such as risk of 
transmission of coronavirus, high numbers or rates of sheltered and 
unsheltered homeless, and economic and

[[Page 134 STAT. 609]]

housing market conditions as determined by the Secretary:  Provided 
further, That <<NOTE: Determination.>>  individuals and families whose 
income does not exceed the Very Low-Income Limit of the area, as 
determined by the Secretary, shall be considered ``at risk of 
homelessness'' and shall be eligible for homelessness prevention if they 
meet the criteria in section 401(1)(B) and (C) of such Act (42 U.S.C. 
11360(1)(B) and (C)):  Provided further, That <<NOTE: Reimbursements.>>  
amounts provided under this heading in this Act may be used to cover or 
reimburse allowable costs to prevent, prepare for, and respond to 
coronavirus that are incurred by a State or locality, including for 
costs incurred prior to the date of enactment of this Act:  Provided 
further, That recipients may deviate from applicable procurement 
standards when procuring goods and services to prevent, prepare for, and 
respond to coronavirus:  Provided further, That a recipient may use up 
to 10 percent of its allocation for administrative purposes:  Provided 
further, That <<NOTE: Publication. Web posting.>>  the use of amounts 
provided under this heading in this Act shall not be subject to the 
consultation, citizen participation, or match requirements that 
otherwise apply to the Emergency Solutions Grants program, except that a 
recipient must publish how it has and will utilize its allocation, at a 
minimum, on the Internet at the appropriate Government web site or 
through other electronic media:  Provided further, That the spending cap 
established pursuant to section 415(b) of such Act (42 U.S.C. 11374) 
shall not apply to amounts provided under this heading in this Act:  
Provided further, That <<NOTE: Shelters.>>  amounts provided under this 
heading in this Act may be used to provide temporary emergency shelters 
(through leasing of existing property, temporary structures, or other 
means) to prevent, prepare for, and respond to coronavirus, and that 
such temporary emergency shelters shall not be subject to the minimum 
periods of use required by section 416(c)(1) of such Act (42 U.S.C. 
11375(c)(1)):  Provided further, That Federal habitability and 
environmental review standards and requirements shall not apply to the 
use of such amounts for those temporary emergency shelters that have 
been determined by State or local health officials to be necessary to 
prevent, prepare for, and respond to coronavirus:  Provided further, 
That <<NOTE: Hazard pay.>>  amounts provided under this heading in this 
Act may be used for training on infectious disease prevention and 
mitigation and to provide hazard pay, including for time worked prior to 
the date of enactment of this Act, for staff working directly to 
prevent, prepare for, and respond to coronavirus among persons who are 
homeless or at risk of homelessness, and that such activities shall not 
be considered administrative costs for purposes of the 10 percent cap:  
Provided further, That <<NOTE: Waiver authority.>>  in administering the 
amounts made available under this heading in this Act, the Secretary may 
waive, or specify alternative requirements for, any provision of any 
statute or regulation that the Secretary administers in connection with 
the obligation by the Secretary or the use by the recipient of these 
amounts (except for requirements related to fair housing, 
nondiscrimination, labor standards, and the environment unless otherwise 
provided under this paragraph), if the Secretary finds that good cause 
exists for the waiver or alternative requirement and such waiver or 
alternative requirement is necessary to prevent, prepare for, and 
respond to coronavirus: <<NOTE: Effective date. Applicability.>>   
Provided further, That any such waivers shall be deemed to be effective 
as of the date a State or unit of local government began preparing for 
coronavirus and shall apply to the use of amounts provided under this 
heading in this Act and amounts provided under the same heading for

[[Page 134 STAT. 610]]

the Emergency Solutions Grant program in prior Acts used by recipients 
to prevent, prepare for, and respond to coronavirus:  Provided further, 
That <<NOTE: Notification. Public information. Federal 
Register, publication. Web 
posting. Determination. Waivers. Applicability. Notification.>>  the 
Secretary shall notify the public through the Federal Register or other 
appropriate means of any such waiver or alternative requirement, and 
that such public notice may be provided, at a minimum, on the Internet 
at the appropriate Government web site or through other electronic 
media, as determined by the Secretary:  Provided further, That any 
additional activities or authorities authorized pursuant to this Act, 
including any waivers and alternative requirements established by the 
Secretary pursuant to this Act, may also apply at the discretion and 
upon notice of the Secretary with respect to all amounts made available 
for the Emergency Solutions Grants program under the heading ``Homeless 
Assistance Grants'' in any prior Act and used by recipients to prevent, 
prepare for, and respond to coronavirus:  Provided further, That up to 1 
percent of amounts made available under this heading in this Act may be 
used to make new awards or increase prior awards made to existing 
technical assistance providers with experience in providing health care 
services to homeless populations, without competition, to provide an 
immediate increase in capacity building and technical assistance 
available to recipients of amounts for the Emergency Solutions Grants 
program under this heading in this Act and under the same heading in 
prior Acts:  Provided further, That none of the funds provided under 
this heading in this Act may be used to require people experiencing 
homelessness to receive treatment or perform any other prerequisite 
activities as a condition for receiving shelter, housing, or other 
services:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                            Housing Programs

                     project-based rental assistance

    For an additional amount for ``Project-Based Rental Assistance'', 
$1,000,000,000, to remain available until expended, to prevent, prepare 
for, and respond to coronavirus, including to provide additional funds 
to maintain normal operations and take other necessary actions during 
the period that the program is impacted by coronavirus, for assistance 
to owners or sponsors of properties receiving project-based assistance 
pursuant to section 8 of the United States Housing Act of 1937 (42 
U.S.C. 1437f et seq.):  Provided, That <<NOTE: Waiver authority.>>  the 
Secretary may waive, or specify alternative requirements for, any 
provision of any statute or regulation that the Secretary administers in 
connection with the use of amounts made available under this heading in 
this Act (except for requirements related to fair housing, 
nondiscrimination, labor standards, and the environment), upon a finding 
by the Secretary that any such waivers or alternative requirements are 
necessary to expedite or facilitate the use of such amounts to prevent, 
prepare for, and respond to coronavirus, and such waiver or alternative 
requirement is consistent with the purposes described under this heading 
in this Act:  Provided further, That <<NOTE: Notification. Public 
information. Federal Register, publication. Web 
posting. Determination.>>  the Secretary shall notify the public through 
the Federal Register or other appropriate means of any such waiver or 
alternative requirement in order for such

[[Page 134 STAT. 611]]

waiver or alternative requirement to take effect, and that such public 
notice may be provided, at a minimum, on the Internet at the appropriate 
Government web site or through other electronic media, as determined by 
the Secretary:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                         housing for the elderly

    For an additional amount for ``Housing for the Elderly'', 
$50,000,000, to remain available until September 30, 2023, to prevent, 
prepare for, and respond to coronavirus, including to provide additional 
funds to maintain normal operations and take other necessary actions 
during the period that the program is impacted by coronavirus, for 
assistance to owners or sponsors of properties receiving project-based 
assistance pursuant to section 202 of the Housing Act of 1959 (12 U.S.C. 
1701q), as amended:  Provided, That of the amount provided under this 
heading in this Act, up to $10,000,000 shall be for service coordinators 
and the continuation of existing congregate service grants for residents 
of assisted housing projects:  Provided further, That <<NOTE: Waiver 
authority.>>  the Secretary may waive, or specify alternative 
requirements for, any provision of any statute or regulation that the 
Secretary administers in connection with the use of amounts made 
available under this heading in this Act (except for requirements 
related to fair housing, nondiscrimination, labor standards, and the 
environment), upon a finding by the Secretary that any such waivers or 
alternative requirements are necessary to expedite or facilitate the use 
of such amounts to prevent, prepare for, and respond to coronavirus, and 
such waiver or alternative requirement is consistent with the purposes 
described under this heading in this Act:  Provided further, 
That <<NOTE: Notification. Public information. Federal 
Register, publication. Web posting. Determination.>>  the Secretary 
shall notify the public through the Federal Register or other 
appropriate means of any such waiver or alternative requirement in order 
for such waiver or alternative requirement to take effect, and that such 
public notice may be provided, at a minimum, on the Internet at the 
appropriate Government web site or through other electronic media, as 
determined by the Secretary:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                  housing for persons with disabilities

    For an additional amount for ``Housing for Persons with 
Disabilities'', $15,000,000, to remain available until September 30, 
2023, to prevent, prepare for, and respond to coronavirus, including to 
provide additional funds to maintain normal operations and take other 
necessary actions during the period that the program is impacted by 
coronavirus, for assistance to owners or sponsors of properties 
receiving project-based assistance pursuant to section 811 of the 
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), as 
amended:  Provided, That <<NOTE: Waiver authority.>>  the Secretary may 
waive, or specify alternative requirements for, any provision of any 
statute or regulation that the Secretary administers in connection with 
the use of amounts made available under this heading in this Act (except 
for requirements related to fair housing, nondiscrimination, labor 
standards, and the environment), upon a finding by

[[Page 134 STAT. 612]]

the Secretary that any such waivers or alternative requirements are 
necessary to expedite or facilitate the use of such amounts to prevent, 
prepare for, and respond to coronavirus, and such waiver or alternative 
requirement is consistent with the purposes described under this heading 
in this Act:  Provided further, That <<NOTE: Notification. Public 
information. Federal Register, publication. Web 
posting. Determination.>>  the Secretary shall notify the public through 
the Federal Register or other appropriate means of any such waiver or 
alternative requirement in order for such waiver or alternative 
requirement to take effect, and that such public notice may be provided, 
at a minimum, on the Internet at the appropriate Government web site or 
through other electronic media, as determined by the Secretary:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                   Fair Housing and Equal Opportunity

                         fair housing activities

    For an additional amount for ``Fair Housing Activities'', 
$2,500,000, to remain available until September 30, 2021, for contracts, 
grants, and other assistance, as authorized by title VIII of the Civil 
Rights Act of 1968, as amended by the Fair Housing Amendments Act of 
1988, and section 561 of the Housing and Community Development Act of 
1987, to prevent, prepare for, and respond to coronavirus, of which 
$1,500,000 shall be for the Fair Housing Assistance Program Partnership 
for Special Enforcement grants to address fair housing issues relating 
to coronavirus, and $1,000,000 shall be for the Fair Housing Initiatives 
Program for education and outreach activities under such section 561 to 
educate the public about fair housing issues related to coronavirus:  
Provided, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                       Office of Inspector General

    For an additional amount for ``Office of Inspector General'', 
$5,000,000, to remain available until expended, to prevent, prepare for, 
and respond to coronavirus:  Provided, 
That <<NOTE: Audits. Investigations.>>  the funding made available under 
this heading in this Act shall be used for conducting audits and 
investigations of projects and activities carried out with funds made 
available in this Act to the Department of Housing and Urban Development 
to prevent, prepare for, and respond to coronavirus:  Provided further, 
That such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 22001.  Of the amounts made available from the Airport and 
Airway Trust Fund for ``Federal Aviation Administration--Operations'' in 
title XI of division B of the Bipartisan Budget Act of 2018 (Public Law 
115-123), up to $25,000,000 may be used to prevent, prepare for, and 
respond to coronavirus:  Provided, That amounts repurposed in this 
section that were previously designated by the Congress as an emergency 
requirement pursuant to the

[[Page 134 STAT. 613]]

Balanced Budget and Emergency Deficit Control Act of 1985 are designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.
    Sec. 22002.  For amounts <<NOTE: Deadlines.>>  made available by 
this Act under the headings ``Northeast Corridor Grants to the National 
Railroad Passenger Corporation'' and ``National Network Grants to the 
National Railroad Passenger Corporation'', the Secretary of 
Transportation may not waive the requirements under section 24312 of 
title 49, United States Code, and section 24305(f) of title 49, United 
States Code:  Provided, That <<NOTE: Requirements. Compliance.>>  for 
amounts made available by this Act under such headings the Secretary 
shall require the National Railroad Passenger Corporation to comply with 
the Railway Retirement Act of 1974 (45 U.S.C. 231 et seq.), the Railway 
Labor Act (45 U.S.C. 151 et seq.), and the Railroad Unemployment 
Insurance Act (45 U.S.C. 351 et seq.):  Provided further, 
That <<NOTE: Time period. Notification.>>  not later than 7 days after 
the date of enactment of this Act and each subsequent 7 days thereafter, 
the Secretary shall notify the House and Senate Committees on 
Appropriations, the Committee on Transportation and Infrastructure of 
the House of Representatives, and the Committee on Commerce, Science, 
and Transportation of the Senate of any National Railroad Passenger 
Corporation employee furloughs as a result of efforts to prevent, 
prepare for, and respond to coronavirus:  Provided further, 
That <<NOTE: Furloughs. Requirements.>>  in the event of any National 
Railroad Passenger Corporation employee furloughs as a result of efforts 
to prevent, prepare for, and respond to coronavirus, the Secretary shall 
require the National Railroad Passenger Corporation to provide such 
employees the opportunity to be recalled to their previously held 
positions as intercity passenger rail service is restored to March 1, 
2020 levels and not later than the date on which intercity passenger 
rail service has been fully restored to March 1, 2020 levels.

    Sec. 22003.  For <<NOTE: Applicability.>>  the duration of fiscal 
year 2020, section 127(i)(1)(A) of title 23, United States Code, shall 
read as if and apply to situations in which: the President has declared 
an emergency or a major disaster under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

    Sec. 22004.  No later <<NOTE: Deadline. Rescission.>>  than 
September 30, 2020, the remaining unobligated balances of funds made 
available for the youth homelessness demonstration under the heading 
``Department of Housing and Urban Development--Community Planning and 
Development--Homeless Assistance Grants'' in the Consolidated 
Appropriations Act, 2018 (Public Law 115-141) are hereby permanently 
rescinded, and an amount of additional new budget authority equivalent 
to the amount rescinded is hereby appropriated, to remain available 
until September 30, 2021, in addition to other funds as may be available 
for such purposes, and shall be available, without additional 
competition, for completing the funding of awards made pursuant to the 
fiscal year 2018 youth homelessness demonstration.


                highway safety grants emergency authority


    Sec. 22005.  (a) <<NOTE: Waiver 
authority. Postponement. Determination. 23 USC 401 note.>>  In 
General.--The Secretary of Transportation (referred to in this section 
as the ``Secretary'') may waive or postpone any requirement under 
section 402, 404, 405, or 412 of title 23, United States Code, section 
4001 of the FAST Act (Public Law 114-94; 129 Stat. 1497), or part 1300 
of title 23, Code of Federal

[[Page 134 STAT. 614]]

Regulations (or successor regulations), if the Secretary determines 
that--
            (1) the Coronavirus Disease 2019 (COVID-19) is having a 
        substantial impact on--
                    (A) the ability of States to implement or carry out 
                any grant, campaign, or program under those provisions; 
                or
                    (B) the ability of the Secretary to carry out any 
                responsibility of the Secretary with respect to a grant, 
                campaign, or program under those provisions; or
            (2) the requirements of those provisions are having a 
        substantial impact on the ability of States or the Secretary to 
        address the Coronavirus Disease 2019 (COVID-19).

    (b) Report.--The Secretary shall periodically submit to the relevant 
committees of Congress a report describing--
            (1) each determination made by the Secretary under 
        subsection (a); and
            (2) each waiver or postponement of a requirement under that 
        subsection.

    (c) Emergency Requirement.--The amount provided by this section is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                               TITLE XIII

                      GENERAL PROVISIONS--THIS ACT

    Sec. 23001.  Each amount appropriated or made available by this Act 
is in addition to amounts otherwise appropriated for the fiscal year 
involved.
    Sec. 23002.  No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein.
    Sec. 23003.  Unless otherwise provided for by this Act, the 
additional amounts appropriated by this Act to appropriations accounts 
shall be available under the authorities and conditions applicable to 
such appropriations accounts for fiscal year 2020.
    Sec. 23004. (a) Subject to subsection (b), and notwithstanding any 
other provision of law, funds made available in this Act, or transferred 
pursuant to authorization granted in this Act, may only be used to 
prevent, prepare for, and respond to coronavirus.
    (b) Subsection (a) shall not apply to sections 11002, 13002, and 
18114 of this Act, reimbursements made pursuant to authority in this 
Act, or to funds made available in this Act for the Emergency Reserve 
Fund, established pursuant to section 7058(c)(1) of division J of Public 
Law 115-31, or to funds made available in this Act for the Infectious 
Diseases Rapid Response Reserve Fund, established pursuant to section 
231 of division B of Public Law 115-245.
    (c) This section shall not apply to title VI of this Act.
    Sec. 23005.  In this <<NOTE: Definition.>>  Act, the term 
``coronavirus'' means SARS-CoV-2 or another coronavirus with pandemic 
potential.

    Sec. 23006.  Each amount <<NOTE: President. 2 USC 162b note.>>  
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,

[[Page 134 STAT. 615]]

if applicable) only if the President subsequently so designates all such 
amounts and transmits such designations to the Congress.

    Sec. 23007.  Any <<NOTE: President.>>  amount appropriated by this 
Act, designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 and subsequently so designated by the President, and 
transferred pursuant to transfer authorities provided by this Act shall 
retain such designation.


                            budgetary effects


    Sec. 23008.  (a) Statutory PAYGO Scorecards.--The budgetary effects 
of this division shall not be entered on either PAYGO scorecard 
maintained pursuant to section 4(d) of the Statutory Pay As-You-Go Act 
of 2010.
    (b) Senate PAYGO Scorecards.--The budgetary effects of this division 
shall not be entered on any PAYGO scorecard maintained for purposes of 
section 4106 of H. Con. Res. 71 (115th Congress).
    (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of 
the Budget Scorekeeping Guidelines set forth in the joint explanatory 
statement of the committee of conference accompanying Conference Report 
105-217 and section 250(c)(7) and (c)(8) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, the budgetary effects of this 
division shall be estimated for purposes of section 251 of such Act.
    (d) Ensuring No Within-Session Sequestration.--Solely for the 
purpose of calculating a breach within a category for fiscal year 2020 
pursuant to section 251(a)(6) or section 254(g) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, and notwithstanding any other 
provision of this division, the budgetary effects from this division 
shall be counted as amounts designated as being for an emergency 
requirement pursuant to section 251(b)(2)(A) of such Act.
    This division may be cited as the ``Emergency Appropriations for 
Coronavirus Health Response and Agency Operations''.

    Approved March 27, 2020.

LEGISLATIVE HISTORY--H.R. 748:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD:
                                                        Vol. 165 (2019):
                                    July 17, considered and passed 
                                        House.
                                                        Vol. 166 (2020):
                                    Mar. 25, considered and passed 
                                        Senate, amended.
                                    Mar. 27, House concurred in Senate 
                                        amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):
            Mar. 27, Presidential remarks and statement.

                                  <all>