Take Responsibility for Workers and Families Act
This bill responds to the COVID-19 (i.e., coronavirus disease 2019) outbreak and its impact on the economy, public health, state and local governments, individuals, and businesses.
The bill provides FY2020 supplemental appropriations for federal agencies to respond to the COVID-19 outbreak. The supplemental appropriations are designated as emergency spending, which is exempt from discretionary spending limits.
In addition, the bill
The bill also modifies or expands a wide range of other programs and policies, including those regarding
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6379 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 6379
Making emergency supplemental appropriations for the fiscal year ending
September 30, 2020, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 23, 2020
Mrs. Lowey (for herself, Mr. Neal, Mr. Pallone, Mr. DeFazio, Mr. Scott
of Virginia, Ms. Velazquez, Ms. Waters, Mrs. Carolyn B. Maloney of New
York, and Ms. Lofgren) introduced the following bill; which was
referred to the Committee on Appropriations, and in addition to the
Committees on the Budget, and Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
Making emergency supplemental appropriations for the fiscal year ending
September 30, 2020, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Take Responsibility for Workers and
Families Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents is as follows:
DIVISION A--THIRD CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL
APPROPRIATIONS ACT, 2020
Title I--Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies
Title II--Commerce, Justice, Science, and Related Agencies
Title III--Department of Defense
Title IV--Energy and Water Development and Related Agencies
Title V--Financial Services and General Government
Title VI--Department of Homeland Security
Title VII--Interior, Environment, and Related Agencies
Title VIII--Departments of Labor, Health and Human Services, and
Education, and Related Agencies
Title IX--Legislative Branch
Title X--Military Construction, Veterans Affairs, and Related Agencies
Title XI--Department of State, Foreign Operations, and Related Programs
Title XII--Transportation, Housing and Urban Development, and Related
Agencies
Title XIII--General Provisions--This Division
DIVISION B--EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT
DIVISION C--EMERGENCY PAID SICK LEAVE ACT AMENDMENTS
DIVISION D--COVID-19 WORKERS FIRST PROTECTION ACT OF 2020
DIVISION E--COVID-19 WORKFORCE EMERGENCY RESPONSE ACT OF 2020
DIVISION F--FAMILY SUPPORT PROVISIONS
DIVISION G--HEALTH POLICIES
Title I--Medicaid
Title II--Medicare
Title III--Private Insurance
Title IV--Provisions relating to Older Americans Act of 1965
Title V--Public health policies
DIVISION H--EMERGENCY CORONAVIRUS PANDEMIC UNEMPLOYMENT COMPENSATION
ACT OF 2020
Title I--Federal Benefit Enhancements
Title II--Expanded Eligibility for Unemployment Compensation
Title III--Relief for Governmental and Nonprofit Entities
Title IV--Emergency Assistance for Rail Workers
DIVISION I--FINANCIAL SERVICES
Title I--Protecting Consumers, Renters, Homeowners and People
Experiencing Homelessness
Title II--Assisting Small Businesses and Community Financial
Institutions
Title III--Supporting State, Territory, and Local Governments
Title IV--Promoting Financial Stability and Transparent Markets
Title V--Pandemic Planning and Guidance for Consumers and Regulators
DIVISION J--EDUCATION RELIEF AND OTHER PROGRAMS
Title I--Education provisions
Title II--Other programs
DIVISION K--AGRICULTURE PROVISIONS
Title I--Commodity Support and other Agriculture Programs
Title II--Supplemental Nutrition Assistance Program
DIVISION L--ACCESS ACT
DIVISION M--OVERSIGHT AND ACCOUNTABILITY
DIVISION N--U.S. POSTAL SERVICE PROVISIONS
DIVISION O--FEDERAL WORKFORCE PROVISIONS
DIVISION P--FEDERAL EMPLOYEE COLLECTIVE BARGAINING AND OFFICIAL TIME
DIVISION Q--VETERAN CORONAVIRUS RESPONSE ACT OF 2020
DIVISION R--AVIATION WORKER RELIEF
Title I--Aviation Worker Relief
Title II--Labor Protections
Title III--Airline Industry Financial Oversight
Title IV--Airport Relief
Title V--Small Community Air Service
Title VI--Consumer Protections
Title VII--Environmental Protections
Title VIII--Miscellaneous
DIVISION S--SMALL BUSINESS ADMINISTRATION
DIVISION T--REVENUE PROVISIONS
Title I--Health-related tax relief
Title II--Economic Stimulus
Title III--Administrative
Title IV--Retirement provisions
Title V--Rehabilitation for Multiemployer Pensions
DIVISION U--CONSUMER PROTECTION AND TELECOMMUNICATIONS PROVISIONS
Title I--COVID-19 Price Gouging Prevention
Title II--E-Rate Support for Wi-Fi Hotspots and Connected Devices
Title III--Emergency Lifeline Benefit for Broadband Service
Title IV--Continued Connectivity
Title V--Don't Break Up the T-Band
DIVISION V--GROW ACT
DIVISION W--OTHER MATTERS
DIVISION X--OTHER MATTERS
DIVISION Y--ADDITIONAL OTHER MATTERS
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A--THIRD CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL
APPROPRIATIONS ACT, 2020
TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,
AND RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$55,000,000, to prevent, prepare for, and respond to coronavirus, to
supplement amounts otherwise available for the Agricultural Quarantine
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 prevent, prepare for, and respond to coronavirus, to supplement
amounts otherwise available for 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 prevent, prepare for, and respond to
coronavirus, for the support of temporary and intermittent workers,
temporary inspection relocation, and overtime inspection costs:
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.
Farm Service Agency
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $3,000,000,
to prevent, prepare for, and respond to coronavirus, for 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 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 September
30, 2021, to prevent, prepare for, and respond to coronavirus, for
grants 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.
Food and Nutrition Service
commodity assistance program
For an additional amount for ``Commodity Assistance Program'', 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)), $450,000,000, to remain available through September 30,
2021, to prevent, prepare for, and respond to coronavirus: Provided,
That of the funds made available, the Secretary may use up to
$200,000,000 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 Agricultural Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $4,000,000,
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 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, for efforts on potential medical
product shortages, enforcement work against counterfeit or misbranded
products, work on Emergency Use Authorizations, pre- and post-market
work on medical countermeasures, therapies, vaccines and research, 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
Sec. 10101. For an additional amount for grants under the pilot
program established under section 779 of Public Law 115-141, to
prevent, prepare for, and respond to coronavirus, $258,000,000, to
remain available until September 30, 2021: Provided, That at least 90
percent of the households to be served by a project receiving a grant
shall be in a rural area without sufficient access to broadband:
Provided further, That for purposes of such pilot program, a rural area
without sufficient access to broadband shall be defined as 10 Mbps
downstream and 1 Mbps upstream, and such definition shall be
reevaluated and redefined, as necessary, on an annual basis by the
Secretary of Agriculture: Provided further, That an entity to which a
grant is made under the pilot program shall not use a grant to
overbuild or duplicate broadband expansion efforts made by any entity
that has received a broadband loan from the Rural Utilities Service:
Provided further, That priority consideration for grants shall be given
to previous applicants now eligible as a result of adjusted eligibility
requirements: Provided further, That not more than three percent of
the funds made available in this paragraph may be used for
administrative costs to carry out the 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.
Sec. 10102. The first amount under ``Child Nutrition Programs'' in
Division B of the Further Consolidated Appropriations Act, 2020 (P.L.
116-94) is amended by striking ``$23,615,098,000'' and inserting
``$32,615,098,000''.
Sec. 10103. The matter under the heading ``Supplemental Nutrition
Assistance Program'' in division B of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) is amended by inserting
before ``: Provided,'' the following: ``and for an additional amount,
such sums as may be necessary to remain available through September 30,
2022, which shall be placed in reserve for use only in such amounts and
at such times as may become necessary to carry out program
operations''.
Sec. 10104. For an additional amount for ``Supplemental Nutrition
Assistance Program'', to supplement funds otherwise available for the
Food Distribution Program on Indian Reservations, $100,000,000, to
remain available through September 30, 2021, to prevent, prepare for,
and respond to coronavirus: Provided, That of the total amount
available, $50,000,000 is for administrative expenses, including
facility improvements and equipment upgrades, and $50,000,000 is for
the costs relating to additional food purchases: 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. 10105. In addition to amounts otherwise made available,
$200,000,000, to remain available through September 30, 2021, to
prevent, prepare for, and respond to coronavirus, 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: 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.
Sec. 10106. The Secretary may extend the term of a marketing
assistance loan authorized by section 1201 of the Agricultural Act of
2014 (7 U.S.C. 9033) for any loan commodity to 12 months: Provided,
That the authority made available pursuant to this section shall expire
on September 30, 2020: Provided further, That amounts made available
by this section are designated by the Congress as 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. 10107. Notwithstanding any other provision of law, funds made
available under each heading in this title shall only be used for the
purposes specifically described under that heading.
TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
(including transfers of funds)
For an additional amount for ``Economic Development Assistance
Programs'' for necessary expenses related to responding to economic
injury as a result of coronavirus, $2,000,000,000, to remain available
until September 30, 2022: 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, up to 2 percent
of funds appropriated in this paragraph may be transferred to
``Salaries and Expenses'' for administration and oversight activities:
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, without
regard to the provisions of title 5, United States Code, governing
appointments in competitive service: Provided further, That the
Secretary of Commerce is authorized to appoint such temporary
personnel, after serving continuously for 2 years, to positions in the
Economic Development Administration in the same manner that competitive
service employees with competitive status are considered for transfer,
reassignment, or promotion to such positions, and an individual
appointed under this proviso 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 in this paragraph, $4,000,000 shall be transferred
to ``Office of Inspector General'' for carrying out investigations and
audits related to the funding 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.
Minority Business Development Agency
minority business development
For an additional amount for ``Minority Business Development'' for
necessary expenses for the Business Centers and Specialty Centers,
including any cost sharing requirements that may exist, for assisting
minority business enterprises to prevent, prepare for, and respond to
coronavirus, including identifying and accessing local, State, and
Federal government assistance related to such virus, $15,000,000, to
remain available until September 30, 2021: Provided, That such amount
is designated by Congress as 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'' for necessary expenses to prevent, prepare for, and
respond to coronavirus, $6,000,000, to remain available until September
30, 2021, including for measurement science to support testing for such
virus (or viral strains mutating therefrom) 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'' for
necessary expenses, $75,000,000, to remain available until September
30, 2021, of which $50,000,000 shall be for the Hollings Manufacturing
Extension Partnership to assist manufacturers to prevent, prepare for,
and respond to coronavirus, and of which $25,000,000 shall be for the
National Network for Manufacturing Innovation (also known as
``Manufacturing USA'') to support development and manufacturing of
medical countermeasures and biomedical equipment and supplies:
Provided, That none of the funds provided under this heading 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.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'' for necessary expenses to prevent, prepare for, and
respond to coronavirus, $33,200,000, to remain available until
September 30, 2021: 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
Federal Prison System
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$100,000,000, to remain available until September 30, 2021, for
necessary expenses to prevent, prepare for, and respond to coronavirus,
including for maintaining correctional operations, including overtime
costs, temporary facilities, purchase and rental of equipment, medical
services and supplies, 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.
State and Local Law Enforcement Activities
office on violence against women
violence against women prevention and prosecution programs
For an additional amount for ``Violence Against Women Prevention
and Prosecution Programs'', $300,000,000, to remain available until
expended, of which--
(1) $100,000,000 is for grants to combat violence against
women, as authorized by part T of the Omnibus Crime Control and
Safe Streets Acts of 1968;
(2) $25,000,000 is for transitional housing assistance
grants for victims of domestic violence, dating violence,
stalking, or sexual assault as authorized by section 40299 of
the Violent Crime Control and Law Enforcement Act of 1994
(``1994 Act'');
(3) $100,000,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(4) $25,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(5) $25,000,000 is for legal assistance for victims, as
authorized by section 1201 of the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106-386; ``2000
Act''); and
(6) $25,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 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.
state and local law enforcement assistance
For an additional amount for ``State and Local Law Enforcement
Assistance'', $1,000,000,000, to remain available until September 30,
2021, to prevent, prepare for, and respond to coronavirus, including
for the purchase of personal protective equipment, for the Edward Byrne
Memorial Justice Assistance Grant program as authorized by subpart 1 of
part E of title I of the Omnibus Crime Control and Safe Streets Acts of
1968 (``1968 Act''), (except 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
for purposes of this Act), to be distributed in relative proportion to
fiscal year 2016 allocations: Provided, That awards made using amounts
provided in this paragraph shall be made only with the same
requirements, conditions, compliance, and certification as fiscal year
2016: 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.
juvenile justice programs
For an additional amount for ``Juvenile Justice Programs'',
$100,000,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, of which $75,000,000 shall be
for programs authorized by section 221 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (``the 1974 Act''), and $25,000,000
for delinquency prevention, as authorized by section 261 of the 1974
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.
SCIENCE
National Aeronautics and Space Administration
safety, security and mission services
For an additional amount for ``Safety, Security and Mission
Services'', $100,000,000, 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.
construction and environmental compliance and restoration
For an additional amount for ``Construction and Environmental
Compliance and Restoration'', $100,000,000, 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.
National Science Foundation
research and related activities
For an additional amount for ``Research and Related Activities'',
$100,000,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically and
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'', $2,000,000, to prevent, prepare for, and respond to
coronavirus, domestically and 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.
RELATED AGENCIES
Legal Services Corporation
payment to the legal services corporation
For an additional amount for ``Payment to the Legal Services
Corporation'' to carry out the purposes of the Legal Services
Corporation Act by providing for necessary expenses to prevent, prepare
for, and respond to coronavirus, $100,000,000, to remain available
until September 30, 2021: Provided, That none of the funds appropriated
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 2020 and 2021,
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. 10201. (a) Amounts provided by the Department of Commerce
Appropriations Act, 2020, 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).
(b) Subsection (a) shall not apply to the extent that a
Manufacturing Extension Partnership Center receives funding from a
State that is conditioned upon the application of a Federal cost
sharing requirement to the Center.
Sec. 10202. (a) Funds appropriated in this title for the National
Science Foundation may be made available to restore amounts, either
directly or through reimbursement, for obligations incurred by the
National Science Foundation for research grants and other necessary
expenses to prevent, prepare for, and respond to coronavirus,
domestically or internationally, prior to the date of enactment of this
Act.
(b) Grants or cooperative agreements made by the National Science
Foundation under this title, to carry out research grants and other
necessary expenses to prevent, prepare for, and respond to coronavirus,
domestically or internationally, shall include amounts to reimburse
costs for these purposes incurred between January 20, 2020, and the
date of issuance of such grants or agreements.
Sec. 10203. (a)(1) Section 110(b)(2)(C) of the Family and Medical
Leave Act of 1993 (as added by division C of the Families First
Coronavirus Response Act) and section 5110(5)(C) of the Families First
Coronavirus Response Act (relating to varying schedule hours
calculation) shall not apply to the Bureau of the Census regarding any
employee hired pursuant to section 23(c) of title 13, United States
Code.
(2) Any such employee shall be entitled to 40 hours of paid
leave under division E of the Families First Coronavirus
Response Act.
(b) With respect to any temporary employee of the Bureau of the
Census, including any employee hired pursuant to section 23(c) of title
13, United States Code, the Bureau may classify any leave provided by
the Bureau pursuant to the amendments made by division C of the
Families First Coronavirus Response Act or division E of such Act to
such an employee (based on such employee's status as an employee of the
Bureau) as any leave category necessary to comport with the Bureau's
leave system.
Sec. 10204. Notwithstanding any other provision of law, funds made
available under each heading in this title shall only be used for the
purposes specifically described under that heading.
TITLE III--DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE
Military Personnel
military personnel, army
For an additional amount for Military Personnel, Army, $37,900,000,
for necessary expenses 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.
military personnel, navy
For an additional amount for Military Personnel, Navy, $37,900,000,
for necessary expenses 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.
military personnel, marine corps
For an additional amount for Military Personnel, Marine Corps,
$9,900,000, for necessary expenses 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.
military personnel, air force
For an additional amount for Military Personnel, Air Force,
$37,900,000, for necessary expenses 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.
national guard personnel, army
For an additional amount for National Guard Personnel, Army,
$804,529,000, for necessary expenses 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.
national guard personnel, air force
For an additional amount for National Guard Personnel, Air Force,
$402,063,000, for necessary expenses 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.
Operation and Maintenance
operation and maintenance, army
For an additional amount for ``Operation and Maintenance, Army'',
$105,300,000, 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.
operation and maintenance, navy
For an additional amount for ``Operation and Maintenance, Navy'',
$568,408,000, 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.
operation and maintenance, marine corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $70,000,000, 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.
operation and maintenance, air force
For an additional amount for ``Operation and Maintenance, Air
Force'', $154,000,000, 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.
operation and maintenance, defense-wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $927,800,000, 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.
operation and maintenance, army reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $48,000,000, 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.
operation and maintenance, army national guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $194,002,000, 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.
operation and maintenance, air national guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $79,406,000, 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.
Procurement
defense production act purchases
For an additional amount for ``Defense Production Act Purchases'',
$500,000,000 to remain available until September 30, 2022, to prevent,
prepare for, and respond to coronavirus: Provided, That the Secretary
of Defense may waive the requirements of 50 U.S.C. 5433(a)(6) on a
case-by-case basis upon three days prior written notification to the
Committees on Appropriations and Banking, Housing, and Urban Affairs of
the Senate, and the Committees on Appropriations and Financial Services
of the House of Representatives. 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 Department of Defense Programs
defense health program
For an additional amount for ``Defense Health Program'',
$3,805,500,000, to prevent, prepare for, and respond to coronavirus; of
which $3,561,500,000 shall be for operation and maintenance to remain
available until September 30, 2020; and of which $244,000,000, to
remain available for obligation until September 30, 2021, shall be for
research, development, test and evaluation: 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
Sec. 10301. Notwithstanding any other provision of law, funds made
available under each heading in this title shall only be used for the
purposes specifically described under that heading.
Sec. 10302. Upon the determination of the Secretary of Defense
that such action is necessary in the national interest, the Secretary
may transfer up to $500,000,000 between the appropriations or funds
made available to the Department of Defense for expenses relating to
the use of the National Guard in response to coronavirus: Provided,
That such funds may only be transferred among military personnel and
operation and maintenance accounts for the National Guard provided for
in this title: Provided further, That the Secretary shall notify the
Congress promptly of each transfer made pursuant to the authority in
this section: Provided further, That the authority provided in this
section is in addition to any other transfer authority available to the
Department of Defense and is subject to the same terms and conditions
as the authority provided in section 8005 of the Department of Defense
Appropriations Act, 2020: Provided further, That the transfer authority
in sections 8005 and 9002 of the Department of Defense Appropriations
Act, 2020, shall not apply to amounts appropriated or otherwise made
available in this title.
Sec. 10303. Notwithstanding section 2208(l)(3) of title 10, United
States Code, during fiscal year 2020, the amount of advance billings
rendered or imposed by Defense working capital funds may exceed
$1,000,000,000. In the preceding sentence, the term ``advance billing''
has the meaning given the term in section 2208(l)(4) of such title.
TITLE IV--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
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: 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: 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: Provided, That $500,000 of
the funds provided under this paragraph 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, for necessary
expenses 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 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, for necessary expenses related to providing
support and access to scientific user facilities in the Office of
Science, 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, for
necessary expenses related to supporting remote access for personnel to
prevent, prepare for, and respond to coronavirus: Provided, That funds
appropriated under this paragraph in this Act may be transferred to,
and merged with, other appropriation accounts of the Department of
Energy for necessary expenses related to supporting remote access for
personnel 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.
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: Provided, That the amount provided in this
paragraph shall not be derived from fee revenues notwithstanding 42
U.S.C. 2214: 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. 10401. Notwithstanding any other provision of law, funds made
available under each heading in this title shall only be used for the
purposes specifically described under that heading.
Sec. 10402. Funds appropriated in this title may be made available
to restore amounts, either directly or through reimbursement, for
obligations incurred for the same purposes to prevent, prepare for, and
respond to coronavirus prior to the date of enactment of this Act.
Sec. 10403. Notwithstanding any other provision of law, and
subject to the availability of appropriations, the Secretary of Energy,
or designee, may include in or modify the terms and conditions of any
Department of Energy contract, or other agreement, to authorize the
Department to reimburse any contractor paid leave the contractor
provides to its employees as the Secretary deems necessary to ensure
the effective response to a declared national emergency or pandemic
event. Such authority shall apply only to a contractor whose employees
cannot perform work on a federally owned or leased facility or site due
to Federal Government directed closures or other restrictions, and who
cannot telework because their job duties cannot be performed remotely.
As determined by the Secretary, or designee, this authority also shall
apply to subcontractors: Provided, That amounts provided by this
section are designated by the Congress as 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 V--FINANCIAL SERVICES AND GENERAL GOVERNMENT
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$100,000,000 to remain available until expended, for the necessary
expenses to establish and support a Coronavirus Accountability and
Transparency Committee to conduct oversight of funds provided in this
Act in order to monitor spending, provide transparency to the public,
and help prevent fraud, waste, and abuse: Provided, That not less
frequently than monthly, and until all such funds are expended, the
Secretary of the Treasury shall publish on a dedicated portion of the
website established under section 2 of the Federal Funding
Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note), for
any funds made available to or expended by a Federal agency or
component of a Federal agency that were provided in Public Law 116-123,
Public Law 116-127, or in the Take Responsibility for Workers and
Families Act--
(1) for each appropriations account, including an expired
or unexpired appropriations account, the amount--
(A) of budget authority appropriated;
(B) that is obligated;
(C) of unobligated balances; and
(D) of any other budgetary resources;
(2) from which accounts and in what amount--
(A) appropriations are obligated for each program
activity; and
(B) outlays are made for each program activity;
(3) from which accounts and in what amount--
(A) appropriations are obligated for each object
class; and
(B) outlays are made for each object class; and
(4) for each program activity, the amount--
(A) obligated for each object class; and
(B) of outlays made for each object class.
Provided further, That the information required to be
published pursuant to the preceding proviso shall be published
in such a format that allows such information to be sorted by
the public law that provided the relevant obligational
authority: Provided further, That such amounts are designated
by the Congress as 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 financial institutions fund program account
For an additional amount for ``Community Development Financial
Institutions Fund Program Account'', $200,000,000, to remain available
until September 30, 2020, to promote economic recovery due to the
impact of coronavirus through financial assistance and technical
assistance under subparagraphs (A) and (B) of section 108(a)(1),
respectively, of Public Law 103-325 (12 U.S.C. 4707(a)(1)(A) and (B)),
except that subsections (d) and (e) of section 108 of Public Law 103-
325 shall not apply to the provision of such financial assistance and
technical assistance: Provided, That up to $10,000,000 may be
transferred to and merged with ``Administrative Expenses'' for
administrative expenses to carry out financial assistance and technical
assistance: 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.
Internal Revenue Service
taxpayer services
For an additional amount for ``Taxpayer Services'', $236,000,000,
to remain available until September 30, 2021, to prevent, prepare for,
and respond to coronavirus: Provided, That not later than 30 days
after the date of the enactment of this Act, the Commissioner of the
Internal Revenue Service shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a spend
plan for such funds: Provided further, That such amounts are
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
enforcement
For an additional amount for ``Enforcement'', $42,000,000, to
remain available until September 30, 2021, to prevent, prepare for, and
respond to coronavirus: Provided, That not later than 30 days after
the date of the enactment of this Act, the Commissioner of the Internal
Revenue Service shall submit to the Committees on Appropriations of the
House of Representatives and the Senate a spend plan for such funds:
Provided further, That such amounts are designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
operations support
For an additional amount for ``Operations Support'', $324,000,000,
to remain available until September 30, 2021, to prevent, prepare for,
and respond to coronavirus: Provided, That not later than 30 days
after the date of the enactment of this Act, the Commissioner of the
Internal Revenue Service shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a spend
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.
Administrative Provisions--Internal Revenue Service
(including transfer of funds)
Sec. 10501. In addition to the authority provided in section 101
of title I of division C of Public Law 116-93, the funds provided to
the Internal Revenue Service in this Act may be transferred among
accounts of the Internal Revenue Service to prevent, prepare for, and
respond to coronavirus. On the date of any such transfer, the
Commissioner shall notify the Committees on Appropriations of the House
of Representatives and Senate of such transfer.
THE JUDICIARY
The Supreme Court of the United States
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $500,000,
to remain available until September 30, 2020, for necessary expenses 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.
Courts Of Appeals, District Courts, And Other Judicial Services
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $6,000,000
to remain available until September 30, 2020, for necessary expenses 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.
defender services
For an additional amount for ``Defender Services'', $1,000,000, to
remain available until September 30, 2020, 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.
DISTRICT OF COLUMBIA
Federal Funds
federal payment for emergency planning and security costs in the
district of columbia
For an additional amount for the ``Federal Payment for Emergency
Planning and Security Costs in the District of Columbia'' for the
Federal payment of necessary expenses, as determined by the Mayor of
the District of Columbia in written consultation with the elected
county or city officials of surrounding jurisdictions, $11,000,000, to
remain available until September 30, 2020, to prevent, prepare for, and
respond to coronavirus: Provided, That such amounts are designated by
the Congress as 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 Commissions
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $5,000,000,
to assist States with contingency planning, preparation, and resilience
of elections for Federal office: 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.
election administration grants
For an additional amount for payments by the Election Assistance
Commission to States for contingency planning, preparation, and
resilience of elections for Federal office, $4,000,000,000 to remain
available until September 30, 2021: Provided, That under this heading
the term ``State'' means each of the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands: Provided further, That the amount of the payments made
to a State under this heading shall be consistent with section 103 of
the Help America Vote Act of 2002 (52 U.S.C. 20903): Provided further,
That for the purposes of the preceding proviso, each reference to
``$5,000,000'' in section 103 shall be deemed to refer to
``$7,500,000'': Provided further, That not less than 50 percent of the
amount of the payment made to a State under this heading shall be
allocated in cash or in kind to the units of local government which are
responsible for the administration of elections for Federal office in
the State: 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 September 30, 2020, to prevent,
prepare for, and respond to coronavirus by providing to health care
providers 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 such
amount if the Commission determines that such administration is in the
public interest and upon the advance notification of the Committees on
Appropriations of the House of Representatives and the Senate:
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.
emergency connectivity fund
For an additional amount for the ``Emergency Connectivity Fund'',
as authorized under title II of division U of the Take Responsibility
for Workers and Families Act, for the provision of Wi-fi hotspots and
connected devices to schools and libraries, $2,000,000,000, to remain
available until September 30, 2021: 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.
emergency broadband connectivity fund
For an additional amount for the ``Emergency Broadband Connectivity
Fund'', as authorized under title III of division U of the Take
Responsibility for Workers and Families Act, for the provision of an
emergency lifeline broadband benefit, $1,000,000,000, to remain
available until September 30, 2021: 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 Services Administration
real property activities
federal buildings fund
building operations
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: Provided, That such
funds may be used to reimburse costs incurred for the purposes provided
under this heading: Provided further, That amounts made available
under this heading shall be in addition to any other amounts available
for such purposes: 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.
technology modernization fund
For an additional amount for the ``Technology Modernization Fund'',
$3,000,000,000, to remain available until September 20, 2022, for
technology-related modernization activities 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.
Office Of Personnel Management
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$12,100,000, 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.
Small Business Administration
economic injury grants
For an additional amount for the cost of providing economic
recovery grants for small businesses impacted by coronavirus as
authorized by section 190009 of the Take Responsibility for Workers and
Families Act, $100,000,000,000, to remain available until September 30,
2021: 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 loans program account
For an additional amount for the ``Disaster Loans Program Account''
for the cost of direct loans authorized by section 7(b) of the Small
Business Act, including to carry out the requirements of section 190016
of the Take Responsibility for Workers and Families Act (relating to
economic injury disaster loan improvements), $25,739,000,000, to remain
available until expended: Provided, That up to $739,000,000 may be
transferred to and merged with ``Small Business Administration--
Salaries and Expenses'': Provided further, That for purposes of
section 7(b)(2)(D) of the Small Business Act, coronavirus shall be
deemed to be a disaster and amounts available under ``Disaster Loans
Program Account'' for the cost of direct loans in any fiscal year may
be used to make economic injury disaster loans under such section in
response to the coronavirus: Provided further, That none of the funds
provided under this heading in this Act may be used for indirect
administrative expenses: 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: Provided further, That amounts
repurposed under this heading 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.
small business debt relief
For an additional amount for the cost of loan debt relief as
authorized by section 190011 of the Take Responsibility for Workers and
Families Act, $16,800,000,000 to remain available until September 30,
2021: 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.
business loans program account
For an additional amount for ``Business Loans Program Account'',
for the cost of direct loans and loan guarantees, $304,407,000,000, to
remain available until expended, of which $7,000,000 shall be for the
cost of direct loans, $299,400,000,000 shall be for the cost of payroll
protection loans as authorized by section 190002(a) of the Take
Responsibility for Workers and Families Act, and $5,000,000,000 shall
be for the cost of guaranteed loans under section 503 of the Small
Business Investment Act of 1958 and section 7(a) of the Small Business
Act, including to carry out the requirements of section 190012
(relating to temporary fee reductions), section 190013 (relating to
guarantee amounts), and section 190014 (relating to maximum loan amount
and program levels for 7(a) loans) of the Take Responsibility for
Workers and Families Act: Provided further, That for the period of
fiscal years 2020 through 2021, guarantees of trust certificates
authorized by section 5(g) of the Small Business Act shall not exceed a
principal amount of $60,000,000,000: Provided, That for the period of
fiscal years 2020 through 2021, commitments for general business loans
authorized under section 7(a) of the Small Business Act shall not
exceed $75,000,000,000: Provided further, That amounts provide in this
paragraph for the cost of guaranteed loans under section 7(a) of the
Small Business Act are in addition to amounts otherwise available for
the same purposes: Provided further, That notwithstanding any other
provision of law, no amounts made available under this heading shall be
available for transfer to another budget account: 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.
entrepreneurial development programs
For an additional amount for ``Entrepreneurial Development
Programs'' as authorized under section 190003 of the Take
Responsibility for Workers and Families Act, $265,000,000, to remain
available until September 30, 2021, of which $240,000,000 shall be for
grants to small business development centers: 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'' for
carrying out the provisions of the Inspector General Act of 1978,
$25,000,000, to remain available until expended, for oversight and
audit of programs, 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.
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$775,000,000, to remain available until September 30, 2021, of which
$50,000,000 shall be for marketing, management, and technical
assistance under section 7(m) of the Small Business Act (15 U.S.C.
636(m)(4)) by intermediaries that make microloans under the microloan
program, and of which $25,000,000 shall be for resources and services
in languages other than English, as authorized in section 190010 of the
Take Responsibility for Workers and Families 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.
Administrative Provision--Small Business Administration
Sec. 10502. Notwithstanding section 7(b)(2)(D) of the Small
Business Act, the Small Business Administration shall issue a disaster
declaration for each State and territory for coronavirus.
United States Postal Service
payment to postal service fund
For payment to the ``Postal Service Fund'', for revenue forgone due
to the coronavirus pandemic, $25,000,000,000, to remain available until
September 30, 2022: 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 PROVISION--THIS TITLE
Sec. 10503. Notwithstanding any other provision of law, funds made
available under each heading in this title shall only be used for the
purposes specifically described under that heading.
TITLE VI
DEPARTMENT OF HOMELAND SECURITY
Management Directorate
operations and support
For an additional amount for ``Operations and Support'',
$178,000,000, for the purchase of personal protective equipment and
related supplies for components of the Department of Homeland Security
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.
Transportation and Security Administration
operations and support
For an additional amount for ``Operations and Support'',
$100,000,000, to prevent, prepare for, and respond to coronavirus; of
which $54,000,000 is for enhanced sanitation at airport security
checkpoints; of which $26,000,000 is for overtime and travel costs for
Transportation Security Officers; and of which $20,000,000 is for the
purchase of explosive trace detection swabs: 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.
Coast Guard
operations and support
For an additional amount for ``Operations and Support'',
$141,000,000, to prevent, prepare for, and respond to coronavirus
through activation of Coast Guard Reserve personnel under section 12302
of title 10, United States Code and for purchases to increase the
capability and capacity of information technology systems and
infrastructure to support telework and remote access: 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'',
$14,400,000, to prevent, prepare for, and respond to coronavirus
through 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'',
$45,000,000, for facilities and information technology 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 assistance
For an additional amount for ``Federal Assistance'', $200,000,000,
for the emergency food and shelter program under title III of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.):
Provided, That notwithstanding sections 315 and 316(b) of such Act,
funds made available under this section shall be disbursed by the
Emergency Food and Shelter Program National Board not later than 30
days after the date on which such funds become available: Provided
further, That such funds may be used to reimburse jurisdictions or
local recipient organizations for costs incurred in providing services
on or after January 1, 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.
For an additional amount for ``Federal Assistance'', to supplement
funds otherwise available for the ``Assistance to Firefighters Grants''
$100,000,000, to remain available until September 30, 2021, for the
purchase of personal protective equipment and related supplies 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.
disaster relief fund
For an additional amount for ``Disaster Relief Fund'',
$2,000,000,000, to remain available until expended: 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
Sec. 10601. 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. 10602. (a) Assistance provided under the emergency declaration
issued 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. 5121-5207), and under any subsequent major declaration under
section 401 of such Act that supersedes such emergency declaration,
shall be at a 100 percent Federal cost share.
(b) Amounts repurposed under this section that were previously
designated by the Congress, respectively, as an emergency requirement
or as being for disaster relief pursuant to the Balanced Budget and
Emergency Deficit Control Act are designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 or as being
for disaster relief pursuant to section 251(b)(2)(D) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Sec. 10603. Notwithstanding any other provision of law, any
amounts appropriated for ``Department of Homeland Security--Federal
Emergency Management Agency--Disaster Relief Fund'' in this Act are
available only for the purposes for which they were appropriated.
Sec. 10604. (a) For calendar year 2020 and calendar year 2021, any
provision of law limiting the aggregate amount of premium pay or
overtime payable on a biweekly or calendar year basis, or establishing
an aggregate limitation on pay, shall not apply to any premium pay or
overtime that is funded, either directly or through reimbursement, by
the ``Federal Emergency Management Agency--Disaster Relief Fund''
related to an emergency or major disaster declared in calendar year
2020.
(b) Pay exempted from otherwise applicable limits under this
section shall not cause the aggregate pay for the 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.
(c) Notwithstanding any other provisions of law, an Executive
agency shall not be liable for damages, fees, interests, or costs of
any kind as a result of any delay occurring prior to the date of
enactment of this Act in payments made pursuant to this section.
(d) This section shall take effect as if enacted on December 31,
2019.
(e) Amounts repurposed under this section that were previously
designated by the Congress, respectively, as an emergency requirement
or as being for disaster relief pursuant to the Balanced Budget and
Emergency Deficit Control Act are designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 or as being
for disaster relief pursuant to section 251(b)(2)(D) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Sec. 10605. The Secretary of Homeland Security, under the
authority granted under section 205(b) of the REAL ID Act of 2005
(Public Law 109-13; 49 U.S.C. 30301 note) shall extend the deadline by
which States are required to meet the driver license and identification
card issuance requirements under section 202(a)(1) of such Act until
not earlier than September 30, 2021.
Sec. 10606. (a) For the emergency declared on March 13, 2020, by
the President under section 501 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5191) the President may
provide assistance for--
(1) activities, costs, and purchases of State and local
jurisdictions including--
(A) activities eligible for assistance under sections 301,
415, 416, and 426 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5141, 5182, 5183, 5189d);
(B) backfill costs for first responders and other essential
employees who are ill or quarantined;
(C) increased operating costs for essential government
services due to such emergency, including costs for
implementing continuity plans;
(D) costs of providing guidance and information to the
public and for call centers to disseminate such guidance and
information;
(E) costs associated with establishing virtual services;
(F) costs for establishing and operating remote test sites;
(G) training provided specifically in anticipation of or in
response to the event on which such emergency declaration is
predicated;
(H) personal protective equipment and other critical
supplies for first responders; and
(I) public health and medical supplies; and
(2) activities and costs of nonprofit organizations including--
(A) operating and equipment costs for blood donation
activities, including personnel costs; and
(B) establishing and operating public call centers in
support of government operations, including personnel costs.
(b) The activities specified in subsection (a) may also be eligible
for assistance under any major disaster declared by the President under
section 401 of such Act that supersedes the emergency declaration
described in such subsection.
(c) Nothing in this section shall be construed to make ineligible
any assistance that would otherwise be eligible under section 502 of
such Act.
Sec. 10607. (a) During the public health emergency declared
pursuant to section 319 of the Public Health Service Act (42 U.S.C.
247d) with respect to the COVID-19 pandemic, the Secretary of Homeland
Security, Secretary of State, Attorney General or Secretary of Labor,
as appropriate, shall temporarily suspend or modify any procedural
requirement with which an applicant, petitioner, or other person or
entity must otherwise comply under the immigration laws, as defined in
section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17)), or any regulation pertaining thereto, when necessary to--
(1) promote government efficiency;
(2) ensure the timely and fair adjudication of applications
or petitions;
(3) prevent hardship to applicants, petitioners,
beneficiaries, or other persons or entities, including by
granting automatic or other extensions or renewals when
necessary to protect individuals from lapses in status or work
authorization; or
(4) protect the public interest.
(b) Notwithstanding any other provision law, the requirements of
chapter 5 of title 5, U.S. Code (commonly known as the Administrative
Procedure Act), or any other law relating to rulemaking, information
collection or publication in the Federal Register shall not apply to
any action taken under the authority of this section.
(c) Specific Authority for Expiring Statuses or Work
Authorization.--Notwithstanding any provision of the Immigration and
Nationality Act or any other provision of law, with respect to any
alien whose status, whether permanent, temporary, or deferred, or
employment authorization has expired within the 30 days preceding the
date of the enactment of this act, or will expire by the later of one
year from the date of enactment of this act or 90 days from the
rescission of the March 13, 2020, Presidential Proclamation declaring a
national emergency, the Secretary of Homeland Security shall
automatically extend such status or work authorization for the same
time period as the alien's status or work authorization.
(d) The amounts made available by this section are designated by
the Congress as 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. 10608. (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 Coast Guard Yard and
Vessel Documentation personnel, Non-Appropriated Funds personnel, and
for Morale, Welfare and Recreation Programs.
(b) Any amounts repurposed under subsection (a) that were
previously designated by the Congress as an emergency requirement or as
being for Overseas Contingency Operations/Global War on Terrorism
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 are designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985 or as for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
TITLE VII--INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
operation of indian programs
(including transfer 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, including to support public
safety and justice programs, welfare and social service programs
(including assistance to individuals), and for aid to Tribal
governments: Provided, That of such sums, funds may be used for
executive direction to carry out cleaning of facilities, to purchase
personal protective equipment, and to obtain information technology:
Provided further, That the limitation on welfare assistance funds
included in the matter preceding the first proviso under this heading
in the Further Consolidated Appropriations Act, 2020 (Public Law 116-
94) shall not apply to amounts provided for such programs in this
paragraph: Provided further, That assistance received hereunder 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 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
related to the purposes identified under this heading in this Act:
Provided further, That such amounts, if transferred to Tribes and
Tribal organizations under the Indian Self-Determination and Education
Assistance Act: (1) will be transferred on a one-time basis, (2) are
non-recurring funds that are not part of the amount required by 25
U.S.C. 5325, and (3) may only be used for the purposes identified under
this heading in this Act, 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.
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, including, in
addition to amounts otherwise available, support for Tribally-
Controlled 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 Tribally-Controlled
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'' for
necessary expenses to prevent, preapre for, and respond to coronavirus,
$158,400,000, to remain available until September 30, 2021: Provided,
That the amounts made available in this paragraph shall be used to
absorb increased operational costs associated with the coronavirus
outbreak including but not limited to: purchase of equipment and
supplies to disinfect and clean buildings and public areas, support law
enforcement and emergency management operations, biosurveillance of
wildlife and environmental persistence studies, employee overtime and
special pay expenses, and for other response, mitigation, or recovery
activities associated with the coronavirus outbreak: Provided further,
That the amounts made available by this paragraph may be transferred
between the Office of the Secretary and any Department of the Interior
component bureau or office that received funding in division D of the
Further Consolidated Appropriations Act, 2020 (Public Law 116-94):
Provided further, That concurrent with any such transfer the Secretary
shall notify the House and Senate Committees on Appropriations in
writing and provide a detailed description of and justification for
each transfer: 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 expenditure of amounts made available herein may be made through
direct expenditure or cooperative agreement: 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.
Insular Affairs
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 territorial assistance, specifically 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, of which $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, That such amount is designated by the Congress as
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, of which
$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, That such
amount is designated by the Congress as 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: Provided, That such funds
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.
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: Provided, That such funds
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.
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, for the
reestablishment of abandoned or failed experiments associated with
coronavirus restrictions: 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 forest system
For an additional amount for``National Forest System'',
$33,800,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, including for personal
protective equipment, for cleaning and disinfecting public recreation
amenities, and for necessary expenses related to cybersecurity, the
provision of telework ready equipment, and Information Technology help
desk personnel: 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.
capital improvement and maintenance
For an additional amount for ``Capital Improvement and
Maintenance'', $26,800,000, to remain available until September 30,
2021, for necessary expenses related to cybersecurity, the provision of
telework ready equipment, and Information Technology help desk
personnel, and for the cleaning, disinfecting, and janitorial services
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.
wildland fire management
For an additional amount for ``Wildland Fire Management'' to
supplement amounts otherwise available for Preparedness, $7,000,000, to
remain available until September 30, 2021, for personal protective
equipment and necessary expenses of first responders 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 HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For an additional amount for ``Indian Health Services'',
$1,032,000,000, to remain available until September 30, 2021, for
preparedness, response, surveillance, and health service activities for
coronavirus, including for public health support, electronic health
record modernization, telehealth and other IT upgrades, Purchased/
Referred care, Catastrophic Health Emergency Fund, community health
representatives, Urban Indian Organizations, Tribal Epidemiology
Centers, and other activities to protect the safety of patients and
staff: Provided, That none of the funds appropriated by this Act to
the Indian Health Service for the Electronic Health Record system shall
be made available for obligation to execute a Request for Proposal for
selection of core components appropriate to support the initial
capacity of the system unless the Committees on Appropriations of the
House of Representatives and the Senate have been briefed 90 days in
advance of such execution of a Request for Proposal: Provided further,
That of the amount provided in this paragraph, not less than
$450,000,000 shall be distributed through Tribal shares and contracts
with Urban Indian Organizations: 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 such amounts may be used
to supplement amounts otherwise available under ``Indian Health
Facilities'': Provided further, That such amounts, if transferred to
Tribes and Tribal organizations under the Indian Self-Determination and
Education Assistance Act, will be transferred on a one-time basis and
that these non-recurring funds are not part of the amount required by
25 U.S.C. 5325, and that such amounts may only be used for the purposes
identified under this heading 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 monitor, prevent, prepare for, and respond to coronavirus and
other emerging infectious diseases, domestically or internationally; of
which $7,500,000 shall be for necessary expenses of the Geospatial
Research, Analysis and Services Program (GRASP) to support spatial
analysis and GIS mapping of infectious disease hot spots, including
cruise ships; and $5,000,000 shall be for necessary expenses for awards
for Pediatric Environmental Health Specialties Units and state health
departments to provide guidance and outreach on safe practices for
home, school, and daycare facilities disinfection for facilities that
have experienced or want to prevent coronavirus and other emerging
infectious disease cases: 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 AMERICAN INDIAN AND ALASKA NATIVE CULTURE
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: 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, for cleaning, security,
information technology, and staff overtime, 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.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For an additional amount for ``Operations and Maintenance'',
$35,000,000, to remain available until September 30, 2021, 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 in this Act shall be made available
to cover operating expenses required to ensure the continuity of the
John F. Kennedy Center for the Performing Arts and its affiliates,
including for employee compensation and benefits, grants, contracts,
payments for rent or utilities, fees for artists or performers,
information technology, and other administrative expenses: Provided
further, That no later than October 31, 2020, the Board of Trustees of
the Center shall submit a report to the Committees on Appropriations of
the House of Representatives and Senate that includes a detailed
explanation of the distribution of the funds provided herein: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For an additional amount for ``Grants and Administration'',
$300,000,000, to remain available until September 30, 2021, for grants
to respond to the impacts of coronavirus: Provided, That such funds
are available under the same terms and conditions as grant funding
appropriated to this heading in P.L. 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 such amount is designated by the
Congress as 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 Endowment for the Humanities
grants and administration
For an additional amount for ``Grants and Administration'',
$300,000,000, to remain available until September 30, 2021, for grants
to respond to the impacts of coronavirus: 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 such amount is designated by the Congress as
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
Sec. 10701. Notwithstanding any other provision of law, funds made
available under the heading ``National Foundation on the Arts and the
Humanities--National Endowment for the Arts--Grants and
Administration'' for each of fiscal years 2019 and 2020 for grants for
the purposes described in section 5(c) of the National Foundation on
the Arts and Humanities Act of 1965 (20 U.S.C. 954(c)) may also be used
by the recipients of such grants for purposes of the general operations
of such recipients and 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.
Sec. 10702. Notwithstanding any other provision of law, funds made
available under the heading ``National Foundation on the Arts and the
Humanities--National Endowment for the Humanities--Grants and
Administration'' for each of fiscal years 2019 and 2020 for grants for
the purposes described in section 7(c) and 7(h)(1) of the National
Foundation on the Arts and Humanities Act of 1965 may also be used by
the recipients of such grants for purposes of the general operations of
such recipients and 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.
TITLE VIII--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For an additional amount for ``Training and Employment Services'',
$960,000,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus through activities under the
Workforce Innovation and Opportunity Act (referred to in this Act as
``WIOA'') as follows:
(1) $212,000,000 for grants to States for adult employment
and training activities, including supportive services and
needs-related payments;
(2) $227,000,000 for grants to States for youth activities,
including supportive services;
(3) $261,000,000 for grants to States for dislocated worker
employment and training activities, including supportive
services and needs-related payments;
(4) $250,000,000 for the Dislocated Worker Assistance
National Reserve, of which $150,000,000 shall be for the
Strengthening Community College Training Grant program as
outlined under the heading ``Training and Employment Services''
in paragraph (2)(A)(ii) of title I of division A of Public Law
116-94 to assist community colleges in meeting the educational
and training needs of their communities as a result of
coronavirus;
(5) $10,000,000 for Migrant and Seasonal Farmworker
programs, including for emergency supportive services to
farmworkers, of which $500,000 shall be available for the
collection and dissemination of electronic and printed
materials 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.
job corps
For an additional amount for ``Job Corps'', $100,000,000, to remain
available until September 30, 2021, to prevent, prepare for, and
respond to coronavirus, including for student services: 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 unemployment insurance and employment service operations
For an additional amount for ``State Unemployment and Insurance and
Employment Service Operations'', $150,000,000, to remain available
until September 30, 2021, to prevent, prepare for, and respond to
coronavirus through grants to States in accordance with section 6 of
the Wagner-Peyser 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.
community service employment for older americans
For an additional amount for ``Community Service Employment for
Older Americans'', $120,000,000, to remain available until September
30, 2021, to prevent, prepare for, and respond to coronavirus:
Provided, That funds made available under this heading in this Act may,
in accordance with section 517(c) of the Older Americans Act of 1965,
be recaptured and reobligated: 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 administration
For an additional amount for ``Program Administration'',
$15,000,000, to remain available until September 30, 2020, to prevent,
prepare for, and respond to coronavirus, including for the
administration, oversight, and coordination of unemployment insurance
activities related thereto: 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.
Employee Benefits Security Administration
salaries and expenses
For an additional amount for ``Employee Benefits Security
Administration'', $3,000,000, to remain available until September 30,
2020, to prevent, prepare for, and respond to coronavirus, including
for the administration, oversight, and coordination of worker
protection activities related thereto: 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.
Wage and Hour Division
salaries and expenses
For an additional amount for ``Wage and Hour Division'',
$6,500,000, to remain available until September 30, 2020, to prevent,
prepare for, and respond to coronavirus, including for the
administration, oversight, and coordination of worker protection
activities related thereto: 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.
Occupational Safety and Health Administration
salaries and expenses
For an additional amount for ``Occupational Safety and Health
Administration'', $30,000,000, to remain available until September 30,
2021, for worker protection activities to prevent, prepare for, and
respond to coronavirus: Provided, That of that amount, $10,000,000
shall be available for Susan Harwood training 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.
Departmental Management
Office of Inspector General
salaries and expenses
For an additional amount for ``Office of Inspector General'',
$1,500,000, to remain available until September 30, 2022, for oversight
of activities supported with funds appropriated to the Department of
Labor: 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.
Veterans Employment And Training
For an additional amount for ``Veterans Employment and Training,''
$15,000,000, to remain available through September 30, 2021, to
prevent, prepare for, and respond to coronavirus, including for
programs to assist homeless veterans and veterans at risk of
homelessness: 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 HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For an additional amount for ``Primary Health Care'',
$1,300,000,000, to remain available until September 30, 2021, for
necessary expenses to prevent, prepare for, and respond to coronavirus,
for grants and cooperative agreements under the Health Centers Program,
as defined by section 330 of the Public Health Service Act, and for
eligible entities under the Native Hawaiian Health Care Improvement
Act, including maintenance of current health care center capacity and
staffing levels: Provided, That sections 330(r)(2)(B),
330(e)(6)(A)(iii), and 330(e)(6)(B)(iii) shall not apply to funds
provided 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.
ryan white hiv/aids program
For an additional amount for ``Ryan White HIV/AIDS Program'',
$90,000,000, to remain available through September 30, 2021, to
prevent, prepare for, and respond to coronavirus: Provided, That
awards from funds provided under this heading in this Act shall be
through modifications to existing contracts and supplements to existing
grants and cooperative agreements under parts A, B, C, D, F, and
section 2692(a) of title XXVI of the Public Health Service Act:
Provided further, That such supplements shall be awarded using a data-
driven methodology determined by the Secretary of Health and Human
Services: Provided further, That sections 2604(c), 2612(b), and
2651(c) of the Public Health Service Act shall not apply to funds
provided 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.
health care systems
For an additional amount for ``Health Care Systems'', $5,000,000,
to remain available until September 30, 2021 to prevent, prepare for,
and respond to coronavirus, for activities authorized under sections
1271 and 1273 of the Public Health Service Act to improve the capacity
of poison control centers to respond to increased calls and
communications: 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 health
For an additional amount for ``Rural Health'', $460,000,000, to
remain available through September 30, 2021, to prevent, prepare for,
and respond to coronavirus, including telephonic and virtual care for
the underinsured, and for continuation and expansion of telehealth and
rural health activities under sections 330A and 330I of the Public
Health Service Act and section 711 of the Social Security Act:
Provided, That of the amount provided 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 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.
Centers for Disease Control and Prevention
cdc-wide activities and program support
For an additional amount for ``CDC-Wide Activities and Program
Support'', $5,500,000,000, to remain available until September 30,
2024, to prevent, prepare for, and respond to coronavirus, domestically
or internationally: Provided, That not less than $2,000,000,000 of the
amount provided 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, for
such purposes 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, and not less than $125,000,000 of such funds 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 $1,000,000,000
shall be for global disease detection and emergency response: Provided
further, That of the amount provided under this heading in this Act,
$500,000,000 shall be for public health data surveillance and analytics
infrastructure modernization: Provided further, That funds
appropriated under this heading in this Act may be used for grants for
the rent, lease, purchase, acquisition, construction, alteration, or
renovation of non-Federally owned facilities to improve preparedness
and response capability at the State and local level: Provided
further, That funds 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'', $550,000,000, 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 institute of environmental health sciences
For an additional amount for ``National Institute of Environmental
Health Sciences'', $10,000,000, to remain available until September 30,
2024, for worker-based training to prevent and reduce exposure of
hospital employees, emergency first responders, and other workers who
are at risk of exposure to coronavirus through their work duties:
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 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
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 the funds provided under this heading
in this Act shall be available for the Common Fund established under
section 402A(c)(1) of the Public Health Service 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 ``Health Surveillance and Program
Support'', $435,000,000, to remain available until September 30, 2021,
to prevent, prepare for, and respond to coronavirus, for program
support and cross-cutting activities that supplement activities funded
under the headings ``Mental Health'', ``Substance Abuse Treatment'',
and ``Substance Abuse Prevention'' in carrying out titles III, V, and
XIX of the Public Health Service Act (``PHS Act''): Provided, That
$200,000,000 of the funds made available under this heading in this Act
shall be for grants to communities and community organizations who meet
criteria for Certified Community Behavioral Health Clinics pursuant to
section 223(a) of Public Law 113-93: Provided further, That
$60,000,000 of the funds made available under this heading in this Act
shall be for services to the homeless population: Provided further,
That $10,000,000 of the funds made available under this heading in this
Act shall be for the National Child Traumatic Stress Network: Provided
further, That not less than $50,000,000 of the funds made available
under this heading in this Act shall be for suicide prevention
programs: Provided further, That not less than $100,000,000 of the
amount made available under this heading in this Act is available for
State Emergency Response Grants authorized under section 501(o) of the
PHS Act: Provided further, That not less than $15,000,000 of the
amount made available under this heading in this Act 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.
Agency For Healthcare Research And Quality
For an additional amount for ``Healthcare Research and Quality'',
$80,000,000, to remain available until September 30, 2024, to prevent,
prepare for, and respond to coronavirus, to carry out titles III and IX
of the Public Health Service Act, part A of title XI of the Social
Security Act, and section 1013 of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003: Provided, That section
947(c) of the Public Health Service Act shall not apply to 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.
Centers for Medicare & Medicaid Services
program management
For an additional amount for ``Program Management'', $550,000,000,
to remain available until September 30, 2022 to prevent, prepare for,
and respond to coronavirus, of which $100,000,000 shall be for
necessary expenses of the survey and certification program,
prioritizing nursing home facilities in localities with community
transmission of 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.
Administration For Children And Families
low income home energy assistance
For an additional amount for ``Low Income Home Energy Assistance'',
$1,400,000,000, to remain available until September 30, 2021, 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,
$700,000,000 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: 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'', $6,000,000,000, to remain available
until September 30, 2021, to prevent, prepare for, and respond to
coronavirus, 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
without regard to requirements in section 658E(c)(3)(D), section
658E(c)(3)(E), section 658G(a), or section 658G(c) of the Child Care
and Development Block Grant Act (``CCDBG Act''): Provided, That funds
made available under this heading in this Act may also be used for
costs of waiving family copayments and covering costs typically paid
through family copayments, continued payments and assistance to child
care providers in cases of decreased enrollment, child absences, or
provider closures related to coronavirus, and to ensure child care
providers 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 such funds may be used for mobilizing emergency child care
services, for providing temporary assistance to eligible child care
providers to support costs associated with coronavirus, and for
supporting child care resource and referral services: Provided
further, That States, Territories, and Tribes are authorized to use
funds appropriated under this heading 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 the CCDBG Act: Provided
further, That the Secretary shall remind States that CCDBG State plans
do not need to be amended prior to utilizing existing authorities in
the CCDBG Act for the purposes provided herein: Provided further, That
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
obligations incurred for the purposes provided herein prior to the date
of enactment of this Act may be charged to funds appropriated 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.
children and families services programs
For an additional amount for ``Children and Families Services
Programs'', $5,202,000,000, to remain available until September 30,
2021, which shall be used as follows:
(1) $1,000,000,000 for making payments under the Head Start
Act to be 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, 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 and in addition to allowable uses of fund in 45
CFR 1301-1305, shall be allowable for developing and
implementing procedures and systems to improve the
coordination, preparedness and response efforts with State,
local, tribal, an territorial public health departments, and
other relevant agencies; cost of meals and snacks not
reimbursed by the Secretary of Agriculture; mental health
services and supports; mental health crisis response and
intervention services; training and professional development
for staff on infectious disease management; purchasing
necessary supplies and contracted services to sanitize and
clean facilities and vehicles, if applicable; and other costs
that are necessary to maintain and resume the operation of
programs, such as substitute staff, technology infrastructure,
or other emergency assistance: Provided further, That up to
$600,000,000 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: Provided
further, That not more than $15,000,000 shall be available for
Federal administrative expenses and shall remain available
through September 30, 2021: Provided further, That obligations
incurred for the purposes provided herein prior to the date of
enactment of this subdivision may be charged to funds
appropriated under this heading.
(2) $2,500,000,000 for activities to carry out the
Community Services Block Grant Act: Provided, That of the
amount made available in this paragraph in this Act,
$50,000,000 shall be available for Statewide activities in
accordance with section 675C(b)(1) of such Act: Provided
further, That of the amount made available in this paragraph in
this Act, $25,000,000 shall be available for grants to support
the procurement and distribution of diapers through non-profit
organizations: Provided further, That of the amount made
available in this paragraph in this Act, $25,000,000 shall be
available for administrative expenses in accordance with
section 675C(b)(2) of such Act: Provided further, That each
State, territory, or tribe shall allocate not less than xx
percent of its formula award to non-profit organizations:
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''.
(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, That the Secretary may
use amounts made available in the preceding proviso for
providing hotline services remotely.
(4) $100,000,000 for Family Violence Prevention and
Services formula grants as authorized by Section 303(a) of the
Family Violence and Prevention and Services Act: Provided,
That the Secretary may use amounts made available in the
preceding proviso for providing temporary housing and in-person
assistance to victims of family, domestic, and dating violence:
Provided further, That for funds obligated during the period
of any public health emergency declared under section 319 of
the Public Health Service Act with respect to coronavirus, the
Secretary may waive the matching funds requirement in section
306(c)(4) of such Act.
(5) $100,000,000 for carrying out activities under the
Runaway and Homeless Youth Act: Provided, That amounts made
available in the preceding proviso shall be used to supplement,
not supplant, existing funds and shall be available without
regard to matching requirements.
(6) $1,500,000,000 for necessary expenses for grants for
assisting low-income households, as defined by the grantee, in
paying their water and wastewater utility costs: Provided,
That eligible grantees shall be those identified in section
2003 of the Social Security Act, and funds appropriated in this
paragraph shall be allocated among such entities
proportionately to the size of the allotment to each such
entity under such section;
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'', $1,205,000,000, to remain available until September 30,
2021, to prevent, prepare for, and respond to coronavirus: Provided,
That of the amount made available under this heading in this Act,
$1,070,000,000 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; $720,000,000 for nutrition services
under subparts 1 and 2 of part C of title III; $30,000,000 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: Provided further, That of the amount made
available under this heading in this Act, $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: Provided further, That the transfer
authority under section 308(b)(4)(A) of the OAA shall apply to funds
made available under this heading in this Act by substituting ``100
percent'' for ``40 percent'': Provided further, That the State Long-
Term Care Ombudsman shall have continuing direct access (or other
access through the use of technology) to residents of long-term care
facilities, during any portion of the public health emergency relating
to coronavirus as of 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
For an additional amount for ``Public Health and Social Services
Emergency Fund'', $6,077,000,000, to remain available until September
30, 2024, to prevent, prepare for, and respond to coronavirus,
domestically or internationally, including the development of necessary
countermeasures and vaccines, prioritizing platform-based technologies
with U.S.-based manufacturing capabilities, the purchase of vaccines,
therapeutics, diagnostics, and necessary medical supplies, as well as
medical surge capacity, workforce modernization, enhancements to the
U.S. Commissioned Corps, telehealth access and infrastructure, initial
advanced manufacturing, and related administrative activities:
Provided, That no less than $1,000,000,000 shall be dedicated to the
development, translation and demonstration at scale of innovations in
manufacturing platforms to support vitally necessary medical
countermeasures to support a reliable U.S.-sourced supply chain of: (a)
vaccines, (b) therapeutics, (c) small molecule APIs (active
pharmaceutical ingredients), including construction costs: Provided
further, That the Secretary of Health and Human Services shall purchase
vaccines developed using funds made available under this heading 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 heading,
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 preceding proviso, the Secretary shall not take
actions that delay the development of such products: Provided further,
That products purchased with funds appropriated in this paragraph 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 (``PHS Act''): Provided further, That
funds appropriated under this heading in this Act may be transferred
to, and merged with, the fund authorized by section 319F-4, the Covered
Countermeasure Process Fund, of the PHS Act: Provided further, That
funds appropriated under this heading in this Act may be used for
grants for the construction, alteration, or renovation of non-Federally
owned facilities to improve preparedness and response capability at the
State and local level: Provided further, That funds appropriated under
this heading 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 of the amount provided under this
heading in this Act, $1,635,000,000 shall be for expenses necessary to
carry out section 319F-2(a) of the PHS Act: Provided further, That of
the amount provided under this heading in this Act, not less than
$500,000,000 shall be available to the Biomedical Advanced Research and
Development Authority for acquisition, construction, or renovation of
privately owned U.S.-based next generation manufacturing facilities:
Provided further, That not later than seven days after the date of
enactment of this Act, and weekly thereafter until the Secretary
declares the public health emergency related to coronavirus no longer
exists, the Secretary shall report to the Committees on Appropriations
of the House of Representatives and the Senate on the current inventory
of personal protective equipment in the Strategic National Stockpile,
including the numbers of face shields, gloves, goggles and glasses,
gowns, head covers, masks, and respirators, as well as deployment of
personal protective equipment during the previous week, reported by
state and other jurisdiction: Provided further, That after the date
that a report is required to be submitted pursuant to the preceding
proviso, amounts made available for ``Department of Health and Human
Services--Office of the Secretary--General Departmental Management'' in
Public Law 116-94 for salaries and expenses of the Immediate Office of
the Secretary shall be reduced by $250,000 for each day that such
report has not been submitted: 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,
for making payments, through grants or other payment mechanisms, to
covered entities to cover or reimburse health care related expenses or
lost revenues attributable to the COVID-19 outbreak, including such
expenses or losses occurring after January 20, 2020: 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, in this paragraph, the term
``covered entity'' means an entity that provides medical diagnoses or
health care services relating to actual or possible cases of COVID-19:
Provided further, That the Secretary of Health and Human Services
shall, on a rolling basis, review applications and make payments under
this paragraph and shall prioritize making such payments for charity
care furnished, covered entities with high volumes of health care
related expenses or lost revenues directly attributable to COVID-19,
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, construction of or retrofitting
facilities, forgone revenue unlikely to be earned in the future, and
surge capacity: Provided further, That no covered entity may be
restricted from receiving a payment under this paragraph based on any
factor that is unrelated to its qualifications to perform the services
required for receipt of the payment: Provided further, That payments
under this paragraph shall be made in consideration of the most
efficient payment systems to provide emergency payment: Provided
further, That, in this paragraph, the term ``payment'' means a pre-
payment, prospective payment, or retrospective payment: Provided
further, That to be eligible for a payment under this paragraph, a
covered entity shall submit to the Secretary of Health and Human
Services an application that includes a statement justifying the need
of the entity for the payment and the covered entity shall have a valid
tax identification number: Provided further, That, not later than 3
years after final payments are made under this paragraph, the Secretary
of Health and Human Services shall instruct the Office of the Inspector
General or Comptroller General of the United States to audit such
payments: 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'', $4,500,000,000, to remain available until September
30, 2022, to prevent, prepare for, and respond to coronavirus, to
reimburse the Department of Veterans Affairs for expenses incurred by
the Veterans Affairs health care system to provide medical care to
civilians: Provided, That funds provided under this paragraph shall be
made available only if the Secretary of Health and Human Services
certifies to the Committees on Appropriations of the House of
Representatives and the Senate that such funds are necessary to
reimburse the Department of Veterans Affairs for expenses incurred to
provide health care to civilians: Provided further, That the Secretary
shall notify the Committees on Appropriations of the House of
Representatives and the Senate prior to such certification: 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 health emergency fund
For an additional amount for the ``Public Health Emergency Fund'',
$5,000,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus, to be deposited into the Public Health
Emergency Fund, as established under section 319(b) of the Public
Health Service Act: Provided, That products purchased with funds
appropriated under this heading 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 such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985 such amount is designated by the Congress as 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
State Fiscal Stabilization Fund
For an additional amount for ``State Fiscal Stabilization Fund'',
$50,000,000,000, to remain available until September 30, 2022, to
prevent, prepare for, and respond to coronavirus: Provided, That the
Secretary of Education (referred to under this heading as
``Secretary'') shall make grants to the Governor of each State for
support of elementary, secondary, and postsecondary education and, as
applicable, early childhood education programs and services: Provided
further, That of the amount made available, the Secretary shall first
allocate up to one-half of 1 percent to the outlying areas and one-half
of 1 percent to the Bureau of Indian Education (BIE) for activities
consistent with this heading under such terms and conditions as the
Secretary may determine: Provided further, That of the amount made
available, the Secretary shall allocate 1 percent of funds to provide
grants to States with the highest coronavirus burden to support
activities under this heading: Provided further, That 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: Provided further, That the Secretary may
reserve up to $30,000,000 for administration and oversight of the
activities under this heading: Provided further, That the Secretary
shall allocate 61 percent of the remaining funds made available to
carry out this heading to the States on the basis of their relative
population of individuals aged 5 through 24 and allocate 39 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'') as State grants: Provided further,
That State grants shall support statewide elementary, secondary, and
postsecondary activities; subgrants to local educational agencies; and,
subgrants to public institutions of higher education: Provided
further, That States shall allocate not less than 30 percent of the
funds received under the sixth proviso as subgrants to local
educational agencies on the basis of their relative number of children
counted under section 1124(c) of the ESEA: Provided further, That
States shall allocate not less than 30 percent of the funds received
under the sixth proviso as subgrants to public institutions of higher
education on the basis of the relative share of full-time equivalent
students who received Pell Grants at the institution in the previous
award year and of the total enrollment of full-time equivalent students
at the institution in the previous award year: Provided further, That
the Governor shall return to the Secretary any funds received that the
Governor does not award to local educational agencies and public
institutions of higher education or otherwise commit within two years
of receiving such funds, and the Secretary shall reallocate such funds
to the remaining States in accordance with the sixth proviso: Provided
further, That Governors shall use State grants to maintain or restore
State fiscal support for elementary, secondary and postsecondary
education: Provided further, That funds for local educational agencies
may be used for any activity authorized by the ESEA, the Individuals
with Disabilities Education Act, the McKinney-Vento Homeless Assistance
Act (Title VII, Subpart B), the Adult Education and Family Literacy Act
or the Carl D. Perkins Career and Technical Education Act of 2006
(``the Perkins Act''): Provided further, That a State or local
educational agency receiving funds under this heading may use the funds
for activities coordinated with State, local, tribal, and territorial
public health departments to detect, prevent, or mitigate the spread of
infectious disease or otherwise respond to coronavirus; support online
learning by purchasing educational technology and internet access for
students, which may include assistive technology or adaptive equipment,
that aids in regular and substantive educational interactions between
students and their classroom instructor; provide ongoing professional
development to staff in how to effectively provide quality online
academic instruction; provide assistance for children and families to
promote equitable participation in quality online learning; plan and
implement activities related to summer learning, including providing
classroom instruction or quality online learning during the summer
months; plan for and coordinate during long-term closures, provide
technology for quality online learning to all students, and how to
support the needs of low-income students, racial and ethnic minorities,
students with disabilities, English learners, students experiencing
homelessness, and children in foster care, including how to address
learning gaps that are created or exacerbated due to long-term
closures; and other activities that are necessary to maintain the
operation of and continuity of services in local educational agencies,
including maintaining employment of existing personnel: Provided
further, That a public institution of higher education that receives
funds under this heading shall use funds for education and general
expenditures and grants to students for expenses directly related to
coronavirus and the disruption of campus operations (which may include
emergency financial aid to students for food, housing, technology,
health care, and child care costs that shall not be required to be
repaid by such students) or for the acquisition of technology and
services directly related to the need for distance learning and the
training of faculty and staff to use such technology and services
(which shall not include paying contractors a portion of tuition
revenue or for pre-enrollment recruitment activities): Provided
further, That priority shall be given to under-resourced institutions,
institutions with high burden due to the coronavirus, and institutions
who do not possess distance education capabilities at the time of
enactment of this Act: Provided further, That an institution of higher
education may not use funds received under this heading to increase its
endowment or provide funding for capital outlays associated with
facilities related to athletics, sectarian instruction, or religious
worship: Provided further, That funds may be used to support hourly
workers, such as education support professionals, classified school
employees, and adjunct and contingent faculty: Provided further, That
a Governor of a State desiring to receive an allocation under this
heading shall submit an application at such time, in such manner, and
containing such information as the Secretary may reasonably require:
Provided further, That a State's application shall include assurances
that the State will maintain support for elementary and secondary
education in fiscal year 2020, fiscal year 2021, and fiscal year 2022
at least at the level of such support that is the average of such
State's support for elementary and secondary education in the 3 fiscal
years preceding the date of enactment of this Act: Provided further,
That a State's application shall include assurances that the State will
maintain State support for higher education (not including support for
capital projects or for research and development or tuition and fees
paid by students) in fiscal year 2020, fiscal year 2021, and fiscal
year 2022 at least at the level of such support that is the average of
such State's support for higher education (which shall include State
and local government funding to institutions of higher education and
state need-based financial aid) in the 3 fiscal years preceding the
date of enactment of this Act: Provided further, That in such
application, the Governor shall provide baseline data that demonstrates
the State's current status in each of the areas described in such
assurances in the preceding provisos: Provided further, That a State's
application shall include assurances that the State will not construe
any provisions under this heading as displacing any otherwise
applicable provision of any collective-bargaining agreement between an
eligible entity and a labor organization as defined by section 2(5) of
the National Labor Relations Act (29 U.S.C. 152(5)) or analogous State
law: Provided further, That a State's application shall include
assurances that the State shall maintain the wages, benefits, and other
terms and conditions of employment set forth in any collective-
bargaining agreement between the eligible entity and a labor
organization, as defined in the preceding proviso: Provided further,
That a State receiving funds under this heading 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 heading:
Provided further, That no recipient of funds under this heading shall
use funds to provide financial assistance to students to attend private
elementary or secondary schools, unless such funds are used to provide
special education and related services to children with disabilities,
as authorized by the Individuals with Disabilities Education Act:
Provided further, That the terms ``elementary education'' and
``secondary education'' have the meaning given such terms under State
law: Provided further, That the term ``institution of higher
education'' has the meaning given such term in section 101 of the
Higher Education Act of 1965: Provided further, That the term ``fiscal
year'' shall have the meaning given such term under State 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.
Safe Schools And Citizenship Education
For an additional amount for ``Safe Schools and Citizenship
Education'', to supplement funds otherwise available for the ``Project
School Emergency Response to Violence program'', $200,000,000, to
remain available until September 30, 2020, to prevent, prepare for, and
respond to coronavirus, 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 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 until September 30, 2020, to prevent, prepare for,
and respond to coronavirus, including to help defray the expenses
(which may include lost revenue, reimbursement for expenses already
incurred, technology costs associated with a transition to distance
learning, faculty and staff trainings, and payroll) directly caused by
coronavirus and to enable grants to students for expenses directly
related to coronavirus and the disruption of university operations
(which may include food, housing, transportation, technology, health
care, and child care): 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'',
$75,000,000, to remain available until September 30, 2020, to prevent,
prepare for, and respond to coronavirus in 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 to support essential services directly related to
coronavirus: Provided, That not later than 30 days after the date of
enactment of this Act, the Secretary shall, using outbound
communications, provide all Federal student loan borrowers a notice of
their options to lower or delay payments as a result of the coronavirus
by enrolling in income-driven repayment, deferment, or forbearance, and
including a brief description of such options: 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.
Higher Education
For an additional amount for ``Higher Education'', $9,500,000,000,
to remain available until September 30, 2020, to prevent, prepare for,
and respond to coronavirus, including under parts A and B of title III,
part A of title V, subpart 4 of part A of title VII, and part B of
title VII of the Higher Education Act, 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, and 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 as follows:
(1) $1,500,000,000 for parts A and B of title III, part A
of title V, and subpart 4 of part A of title VII to address
needs directly related to coronavirus: Provided, That the
Secretary of Education shall allow institutions to use prior
awards under the authorities covered by the preceding proviso
to prevent, prepare for, and respond to coronavirus;
(2) $8,000,000,000 for part B of title VII of the Higher
Education Act for institutions of higher education (as defined
in section 101 or 102(c) of the Higher Education Act) to
address needs directly related to coronavirus: Provided, That
such funds shall be available to the Secretary only for
payments to help defray the expenses incurred by such
institutions of higher education that were forced to close
campuses or alter delivery of instruction as a result of
coronavirus: Provided further, That any non-profit, private
institution of higher education that is not otherwise eligible
for a grant of at least $1,000,000, shall be eligible to
receive an amount equal to whichever is lesser of the total
loss of revenue and increased costs associated with the
coronavirus or $1,000,000: Provided further, That funds may be
used to make payments to such institutions to provide emergency
grants to students who attend such institutions for academic
years beginning on or after July 1, 2019:
Provided further, That such payments shall be made in accordance with
criteria established by the Secretary and made publicly available
without regard to section 437 of the General Education Provisions Act,
section 553 of title 5, United States Code, or part B of title VII of
the HEA: Provided further, That institutions receiving funds under the
heading State Fiscal Stabilization Fund (not including amounts provided
through state-based financial aid) shall not be eligible for additional
funding for part B of title VII under this heading: Provided further,
That such payments shall not be used to increase endowments or provide
funding for capital outlays associated with facilities related to
athletics, sectarian instruction, or religious worship: Provided
further, That such amounts is designated by the Congress as 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 until September 30, 2020, to prevent, prepare for, and
respond to coronavirus, including to help defray the expenses (which
may include lost revenue, reimbursement for expenses already incurred,
technology costs associated with a transition to distance learning,
faculty and staff trainings, and payroll) directly caused by
coronavirus and to enable grants to students for expenses directly
related to coronavirus and the disruption of university operations
(which may include food, housing, transportation, technology, health
care, and child care): 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'',
$10,000,000, to remain available until September 30, 2020, to prevent,
prepare for, and respond to coronavirus: Provided, That such funds
shall only be used to support network bandwidth and capacity for
telework for Departmental staff and the cleaning of facilities as a
result 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.
office of the inspector general
For an additional amount for the ``Office of Inspector General'',
$11,000,000, to remain available until September 30, 2022, to prevent,
prepare for, and respond to coronavirus, 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.
RELATED AGENCIES
Corporation For National And Community Service
For an additional amount for the ``Corporation for National and
Community Service'', $250,000,000, to remain available until September
30, 2020, 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.
Administrative Provision--Corporation for National and Community
Service
Sec. 10801. (a)(1) The remaining unobligated balances of funds as
of September 30, 2020, from amounts provided to ``Corporation for
National and Community Service--Operating Expenses'' in title IV of
Division A of the Further Consolidated Appropriations Act, 2020 (Public
Law 116-94), are hereby permanently rescinded.
(2) In addition to any amounts otherwise provided, there is hereby
appropriated on September 30, 2020, for an additional amount for fiscal
year 2020, an amount equal to the unobligated balances rescinded
pursuant to paragraph (1): Provided, That amounts made available
pursuant to this paragraph shall remain available until September 30,
2021, and shall be available for the same purposes and under the same
authorities that they were originally made available in Public Law 116-
94.
(b)(1) The remaining unobligated balances of funds as of September
30, 2020, from amounts provided to ``Corporation for National and
Community Service--Salaries and Expenses'' in title IV of Division A of
the Further Consolidated Appropriations Act, 2020 (Public Law 116-94),
are hereby permanently rescinded.
(2) In addition to any amounts otherwise provided, there is hereby
appropriated on September 30, 2020, for an additional amount for fiscal
year 2020, an amount equal to the unobligated balances rescinded
pursuant to paragraph (1): Provided, That amounts made available
pursuant to this paragraph shall remain available until September 30,
2021, and shall be available for the same purposes and under the same
authorities that they were originally made available in Public Law 116-
94.
(c)(1) The remaining unobligated balances of funds as of September
30, 2020, from amounts provided to ``Corporation for National and
Community Service--Office of Inspector General'' in title IV of
Division A of the Further Consolidated Appropriations Act, 2020 (Public
Law 116-94), are hereby permanently rescinded.
(2) In addition to any amounts otherwise provided, there is hereby
appropriated on September 30, 2020, for an additional amount for fiscal
year 2020, an amount equal to the unobligated balances rescinded
pursuant to paragraph (1): Provided, That amounts made available
pursuant to this paragraph shall remain available until September 30,
2021, and shall be available for the same purposes and under the same
authorities that they were originally made available in Public Law 116-
94.
Corporation For Public Broadcasting
For an additional amount for ``Corporation for Public
Broadcasting'', $300,000,000, to remain available until September 30,
2020, to prevent, prepare for, and respond to coronavirus, including
for fiscal stabilization grants to public telecommunications entities,
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, of which
$50,000,000 shall be used to support the public television system:
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
For an additional amount for ``Institute of Museum and Library
Services'', $500,000,000, to remain available until September 30, 2021,
to prevent, prepare for, and respond to coronavirus, including grants
to States, museums, territories and tribes to expand digital network
access, purchase tablets and other internet-enabled devices, for
operational expenses, and provide technical support services:
Provided, That any matching funds requirements for States, museums, or
tribes are 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.
Railroad Retirement Board
limitation on administration
For an additional amount for ``Limitation on Administration'',
$10,000,000, to remain available until September 30, 2020, to prevent,
prepare for, and respond to coronavirus, including the purchase of
information technology equipment to improve the mobility of the
workforce, and to 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.
Social Security Administration
limitation on administrative expenses
For an additional amount for ``Limitation on Administrative
Expenses'', $510,000,000, to remain available until September 30, 2021,
for necessary expenses to prevent, prepare for, and respond to
coronavirus, including paying the salaries and benefits of 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, of which the amount made available under this
heading in this Act, $210,000,000 shall be for the purposes of issuing
emergency assistance payments: 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. 10802. Notwithstanding any other provision of law, funds made
available under each heading in this title shall only be used for the
purposes specifically described under that heading.
Sec. 10803. (a) Funds appropriated in this title may be made
available to restore amounts, either directly or through reimbursement,
for obligations incurred by agencies of the Department of Health and
Human Services to prevent, prepare for, and respond to coronavirus,
domestically or internationally, prior to the date of enactment of this
Act. This subsection shall not apply to obligations incurred by the
Infectious Diseases Rapid Response Reserve Fund.
(b) Grants or cooperative agreements with States, localities,
territories, tribes, tribal organizations, urban Indian health
organizations, or health service providers to tribes, under this title,
to carry out surveillance, epidemiology, laboratory capacity, infection
control, mitigation, communications, and other preparedness and
response activities to prevent, prepare for, and respond to coronavirus
shall include amounts to reimburse costs for these purposes incurred
between January 20, 2020, and the date of enactment of this Act.
Sec. 10804. Funds appropriated by this title may be used by the
Secretary of the 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 has determined that such a public health
threat exists.
Sec. 10805. Funds made available by this title may be used to
enter into contracts with individuals for the provision of personal
services (as described in section 104 of part 37 of title 48, Code of
Federal Regulations (48 CFR 37.104)) to support the prevention of,
preparation for, or response to coronavirus, domestically and
internationally, subject to prior notification to the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That such individuals may not be deemed employees of the
United States for the purpose of any law administered by the Office of
Personnel Management: Provided further, That the authority made
available pursuant to this section shall expire on September 30, 2024.
Sec. 10806. Of the funds appropriated by this title under the
heading ``Public Health and Social Services Emergency Fund'',
$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 in this Act: Provided, That the
Inspector General of the Department of Health and Human Services shall
consult with the Committees on Appropriations of the House of
Representatives and the Senate prior to obligating such funds: Provided
further, That the transfer authority provided by this section is in
addition to any other transfer authority provided by law.
Sec. 10807. Of the funds provided under the heading ``CDC-Wide
Activities and Program Support'', $1,000,000,000, to remain available
until expended, shall be available to the Director of the CDC for
deposit in the Infectious Diseases Rapid Response Reserve Fund
established by section 231 of division B of Public Law 115-245.
Sec. 10808. (a) Premium Pay Authority.--If services performed by an
employee of the Department of Health and Human Services during fiscal
year 2020 are determined by the head of the agency to be primarily
related to preparation, prevention, or response to SARS-CoV-2 or
another coronavirus with pandemic potential, 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) Overtime Authority.--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) Applicability of Aggregate Limitation on Pay.--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) Limitation of Pay Authority.--
(1) Pay that is disregarded under subsection (a) or (b)
shall not cause the aggregate of the employee's basic pay and
premium pay for the applicable calendar year to exceed the rate
of basic pay payable for a position at level II of the
Executive Schedule under section 5313 of title 5, United States
Code, as in effect at the end of such calendar year.
(2) For purposes of applying this subsection to an employee
who would otherwise be subject to the premium pay limits
established under section 5547 of title 5, United States Code,
``premium pay'' means the premium pay paid under the provisions
of law cited in section 5547(a).
(3) For purposes of applying this subsection to an employee
under a premium pay limit established under an authority other
than section 5547 of title 5, United States Code, the agency
responsible for administering such limit shall determine what
payments are considered premium pay.
(e) Effective Date.--This section shall take effect as if enacted
on February 2, 2020.
(f) Treatment of Additional Pay.--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. 10809. (a) Funds appropriated for ``Department of Health and
Human Services--Centers for Disease Control and Prevention--CDC-Wide
Activities and Program Support'''' in title III of the Coronavirus
Preparedness and Response Supplemental Appropriations Act, 2020 (Public
Law 116-123) shall be paid to ``Department of Homeland Security--
Countering Weapons of Mass Destruction Office--Federal Assistance'' for
costs incurred under other transaction authority and related to
screening for coronavirus, domestically or internationally, including
costs incurred prior to the enactment of such Act.
(b) The amounts repurposed under subsection (a) that were
previously 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 are designated by the Congress as
an emergency requirement pursuant to such section of such Act.
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: 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: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$25,000,000, to remain available until September 30, 2021, except that
$5,000,000 shall remain available until expended, for necessary
expenses of the House of Representatives to prevent, prepare for, and
respond to coronavirus, 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: 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.
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: Provided, That amounts provided in this
paragraph may be transferred between Capitol Police ``Salaries'' and
``General Expenses'' for the purposes provided herein without the
approval requirement of section 1001 of the Legislative Branch
Appropriations Act, 2014 (2 U.S.C. 1907a): 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, for necessary expenses of the Architect of the Capitol to
prevent, prepare for, and respond to coronavirus, including the
purchase and distribution of cleaning and sanitation products
throughout all facilities and grounds under the care of the Architect
of the Capitol, wherever located, including any related services and
operational costs: 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.
LIBRARY OF CONGRESS
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'', $700,000,
to remain available until September 30, 2020, 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, and 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.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$50,000,000, to remain available until expended, for audits and
investigations relating to coronavirus: Provided, That, not later than
90 days after the date of enactment of this Act, the Government
Accountability Office shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a spend plan specifying
funding estimates and a timeline for such audits and investigations:
Provided further, That such amount is designated by the Congress as
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. 10901. The Secretary of the Senate shall reimburse the Senate
Employee Child Care Center for personnel costs incurred starting on
April 1, 2020, for employees of such Center who have been ordered to
cease working due to measures taken in the Capitol complex to combat
coronavirus, not to exceed $84,000 per month, from amounts in the
appropriations account ``MISCELLANEOUS ITEMS'' within the contingent
fund of the Senate.
source of funds used for payment of salaries and expenses of little
scholars child development center
Sec. 10902. The Library of Congress shall reimburse Little Scholars
Child Development Center for salaries for employees incurred from April
1, 2020, to September 30, 2020, for employees of such Center who have
been ordered to cease working due to measures taken in the Capitol
complex to combat coronavirus, not to exceed $113,000 per month, from
amounts in the appropriations account ``Library of Congress--Salaries
and Expenses''.
source of funds used for payment of salaries and expenses of house of
representatives child care center
Sec. 10903. (a) Authorizing Use of Revolving Fund or Appropriated
Funds.--Section 312(d)(3)(A) of the Legislative Branch Appropriations
Act, 1992 (2 U.S.C. 2062(d)(3)(A)) is amended--
(1) in subparagraph (A), by striking the period at the end
and inserting the following: ``, and, at the option of the
Chief Administrative Officer during an emergency situation, the
payment of the salary of other employees of the Center.''; and
(2) by adding at the end the following new subparagraph:
``(C) During an emergency situation, the payment of such
other expenses for activities carried out under this section as
the Chief Administrative Officer determines appropriate.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fiscal year 2020 and each succeeding fiscal year.
payments to ensure continuing availability of goods and services during
the coronavirus emergency
Sec. 10904. (a) Authorization To Make Payments.--Notwithstanding
any other provision of law and subject to subsection (b), during an
emergency situation, the Chief Administrative Officer of the House of
Representatives may make payments under contracts with vendors
providing goods and services to the House in amounts and under terms
and conditions other than those provided under the contract in order to
ensure that those goods and services remain available to the House
throughout the duration of the emergency.
(b) Conditions.--
(1) Approval required.--The Chief Administrative Officer
may not make payments under the authority of subsection (a)
without the approval of the Committee on House Administration
of the House of Representatives.
(2) Availability of appropriations.--The authority of the
Chief Administrative Officer to make payments under the
authority of subsection (a) is subject to the availability of
appropriations to make such payments.
(c) Applicability.--This section shall apply with respect to fiscal
year 2020 and each succeeding fiscal year.
authorizing payments under service contracts during the coronavirus
emergency
Sec. 10905. (a) Authorizing Payments.--Notwithstanding section
3324(a) of title 31, United States Code, or any other provision of law
and subject to subsection (b), if the employees of a contractor with a
service contract with the Architect of the Capitol are furloughed or
otherwise unable to work during closures, stop work orders, or
reductions in service arising from or related to the impacts of
coronavirus, the Architect of the Capitol may continue to make the
payments provided for under the contract for the weekly salaries and
benefits of such employees for not more than 16 weeks.
(b) Availability of Appropriations.--The authority of the Architect
of the Capitol to make payments under the authority of subsection (a)
is subject to the availability of appropriations to make such payments.
(c) Regulations.--The Architect of the Capitol shall promulgate
such regulations as may be necessary to carry out this section.
mass mailings as franked mail
Sec. 10906. (a) Waiver of Restrictions To Respond to Threats to
Life Safety.--(1) 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 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.''.
(2) 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. 10907. In the matter preceding the first proviso under the
heading ``Library of Congress--Salaries and Expenses'' in division E of
the Further Consolidated Appropriations Act, 2020 (Public Law 116-94),
strike ``$504,164,000'' and insert ``$510,164,000''.
TITLE X
MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES
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: 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.
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, 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 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, 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, 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'', $605,613,000,
to remain available until September 30, 2021, to prevent, prepare for,
and respond to coronavirus, 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: 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.
information technology systems
For an additional amount for ``Information Technology Systems'',
$3,000,000,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus, 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.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$14,300,000, to remain available until September 30, 2022, for
oversight of activities funded by this title and administered by the
Department of Veterans Affairs: 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.
Armed Forces Retirement Home
trust fund
For an additional amount for ``Armed Forces Retirement Home Trust
Fund'', $2,800,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund: Provided,
That of the amounts made available under this heading from funds
available in the Armed Forces Retirement Home Trust Fund, $2,800,000
shall be paid from the general fund of the Treasury to the Trust Fund:
Provided further, That the Chief Executive Officer of the Armed Forces
Retirement Home shall submit to the Committees on Appropriations of the
House of Representatives and the Senate monthly reports detailing
obligations, expenditures, 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.
TITLE XI--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For an additional amount for ``Diplomatic Programs'', $315,000,000,
to remain available until September 30, 2022, for necessary expenses to
prevent, prepare for, and respond to coronavirus, including for
evacuation expenses, emergency preparedness, and maintaining consular
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.
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, for necessary expenses 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'',
$300,000,000, to remain available until expended, for necessary
expenses 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'',
$300,000,000, to remain available until expended, for necessary
expenses 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.
Independent Agencies
peace corps
For an additional amount for ``Peace Corps'', $90,000,000, to
remain available until September 30, 2022, for necessary expenses 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. 11101. The authorities and limitations of section 402 of the
Coronavirus Preparedness and Response Supplemental Appropriations Act
(division A of Public Law 116-123) shall apply to funds appropriated by
this title as follows:
(1) subsections (a), (d), (e) and (f) shall apply to funds
under the heading ``Diplomatic Programs''; and
(2) subsections (c), (d), (e), and (f) shall apply to funds
under the heading ``International Disaster Assistance''.
Sec. 11102. Funds appropriated by this title under the headings
``Diplomatic Programs'', ``Operating Expenses'', and ``Peace Corps''
may be used to reimburse such accounts administered by the Department
of State, the United States Agency for International Development, and
the Peace Corps for obligations incurred to prevent, prepare for, and
respond to coronavirus prior to the date of enactment of this Act.
Sec. 11103. Section 7064(a) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2020 (division G
of Public Law 116-94), is amended by striking ``$100,000,000'' and
inserting in lieu thereof ``$110,000,000'' , and by adding before the
period at the end the following ``: 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. 11104. The reporting requirements 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 reports 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 executive agency to prevent, prepare for, and respond to
coronavirus.
Sec. 11105. Notwithstanding any other provision of law, and in
addition to leave authorized under any other provision of law, the
Secretary of State, the Administrator of the United States Agency for
International Development, or the head of another Federal agency with
employees under Chief of Mission Authority, may, in order to prevent,
prepare for, and respond to coronavirus, provide additional paid leave
to address employee hardships resulting from coronavirus: Provided,
That this authority shall apply to leave taken since January 29, 2020,
and may be provided abroad and domestically: Provided further, That
the head of such agency shall consult with the Committee on
Appropriations and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Appropriations and the Committee
on Foreign Relations of the Senate prior to the initial implementation
of such authority: Provided further, That the authority made available
pursuant to this section shall expire on September 30, 2022.
Sec. 11106. The Secretary of State, to prevent, prepare for, and
respond to coronavirus, may exercise the authorities of section 3(j) of
the State Department Basic Authorities Act of 1956 (22 U.S.C. 2670(j))
to provide medical services or related support for private United
States citizens, nationals, and permanent resident aliens abroad, or
third country nationals connected to United States persons or the
diplomatic or development missions of the United States abroad who are
unable to obtain such services or support otherwise: Provided, That
such assistance shall be provided on a reimbursable basis to the extent
feasible: Provided further, That such reimbursements may be credited
to the applicable Department of State appropriation, to remain
available until expended: Provided further, That the Secretary shall
prioritize providing medical services or related support to individuals
eligible for the health program under section 904 of the Foreign
Service Act of 1980 (22 U.S.C. 4084): Provided further, That the
authority made available pursuant to this section shall expire on
September 30, 2022.
Sec. 11107. Notwithstanding section 6(b) of the Department of
State Authorities Act of 2006 (Public Law 109-472), during fiscal years
2020 and 2021, passport and immigrant visa surcharges collected in any
fiscal year pursuant to the fourth paragraph under the heading
``Diplomatic and Consular Programs'' in title IV of the Consolidated
Appropriations Act, 2005 (division B of Public Law 108-447 (8 U.S.C.
1714)) may be obligated and expended on the costs of providing consular
services: Provided, That such funds should be prioritized for American
citizen services.
Sec. 11108. The Secretary of State is 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
respond to coronavirus, within the United States, subject to prior
consultation with, and the regular notification procedures of, the
Committee on Appropriations and the Committee on Foreign Affairs of the
House of Representatives and the Committee on Appropriations and the
Committee on Foreign Relations of the Senate: Provided, That such
individuals may not be deemed employees of the United States for the
purpose of any law administered by the Office of Personnel Management:
Provided further, That not later than 15 days after utilizing this
authority, the Secretary of State shall provide a report to such
committees on the overall staffing needs for the Office of Medical
Services: Provided further, That the authority made available pursuant
to this section shall expire on September 30, 2022.
Sec. 11109. The matter under the heading ``Emergencies in the
Diplomatic and Consular Service'' in title I of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2020 (division G of Public Law 116-94) is amended by striking
``$1,000,000'' and inserting in lieu thereof ``$5,000,000''.
Sec. 11110. The first proviso under the heading ``Millennium
Challenge Corporation'' in title III of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2020
(division G of Public Law 116-94) is amended by striking
``$105,000,000'' and inserting in lieu thereof ``$107,000,000''.
Sec. 11111. Notwithstanding any other provision of law, any oath
of office required by law may, in particular circumstances that could
otherwise pose health risks, be administered remotely, subject to
appropriate verification: Provided, That prior to exercising the
authority of this section, the Secretary of State shall submit a report
to the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations and the
Committee on Foreign Affairs of the House of Representatives describing
the process and procedures for administering such oaths, including
appropriate verification: Provided further, That the authority made
available pursuant to this section shall expire on September 30, 2021.
Sec. 11112. (a) Purposes.--For purposes of strengthening the
ability of foreign countries to prevent, prepare for, and respond to
coronavirus and to the adverse economic impacts of coronavirus, in a
manner that would protect the United States from the spread of
coronavirus and mitigate an international economic crisis resulting
from coronavirus that may pose a significant risk to the economy of the
United States, each paragraph of subsection (b) shall take effect upon
enactment of this Act.
(b) Coronavirus Responses.--
(1) International development association replenishment.--
The International Development Association Act (22 U.S.C. 284 et
seq.) is amended by adding at the end the following new
section:
``SEC. 31. NINETEENTH REPLENISHMENT.
``(a) In General.--The United States Governor of the International
Development Association is authorized to contribute on behalf of the
United States $3,004,200,000 to the nineteenth replenishment of the
resources of the Association, subject to obtaining the necessary
appropriations.
``(b) Authorization of Appropriations.--In order to pay for the
United States contribution provided for in subsection (a), there are
authorized to be appropriated, without fiscal year limitation,
$3,004,200,000 for payment by the Secretary of the Treasury.''.
(2) International finance corporation authorization.--The
International Finance Corporation Act (22 U.S.C. 282 et seq.)
is amended by adding at the end the following new section:
``SEC. 18. CAPITAL INCREASES AND AMENDMENT TO THE ARTICLES OF
AGREEMENT.
``(a) Votes Authorized.--The United States Governor of the
Corporation is authorized to vote in favor of--
``(1) a resolution to increase the authorized capital stock
of the Corporation by 16,999,998 shares, to implement the
conversion of a portion of the retained earnings of the
Corporation into paid-in capital, which will result in the
United States being issued an additional 3,771,899 shares of
capital stock, without any cash contribution;
``(2) a resolution to increase the authorized capital stock
of the Corporation on a general basis by 4,579,995 shares; and
``(3) a resolution to increase the authorized capital stock
of the Corporation on a selective basis by 919,998 shares.
``(b) Amendment of the Articles .--The United States Governor of
the Corporation is authorized to agree to and accept an amendment to
article II, section 2(c)(ii) of the Articles of Agreement of the
Corporation that would increase the vote by which the Board of
Governors of the Corporation may increase the capital stock of the
Corporation from a four-fifths majority to an eighty-five percent
majority.''.
(3) African development bank.--The African Development Bank
Act (22 U.S.C. 290i et seq.) is amended by adding at the end
the following new section:
``SEC. 1345. SEVENTH CAPITAL INCREASE.
``(a) Subscription Authorized.--
``(1) In general.--The United States Governor of the Bank
may subscribe on behalf of the United States to 532,023
additional shares of the capital stock of the Bank.
``(2) Limitation.--Any subscription by the United States to
the capital stock of the Bank shall be effective only to such
extent and in such amounts as are provided in advance in
appropriations Acts.
``(b) Authorizations of Appropriations.--
``(1) In general.--In order to pay for the increase in the
United States subscription to the Bank under subsection (a),
there are authorized to be appropriated, without fiscal year
limitation, $7,286,587,008 for payment by the Secretary of the
Treasury.
``(2) Share types.--Of the amount authorized to be
appropriated under paragraph (1)--
``(A) $437,190,016 shall be for paid in shares of
the Bank; and
``(B) $6,849,396,992 shall be for callable shares
of the Bank.''.
(4) African development fund.--The African Development Fund
Act (22 U.S.C. 290g et seq.) is amended by adding at the end
the following new section:
``SEC. 226. FIFTEENTH REPLENISHMENT.
``(a) In General.--The United States Governor of the Fund is
authorized to contribute on behalf of the United States $513,900,000 to
the fifteenth replenishment of the resources of the Fund, subject to
obtaining the necessary appropriations.
``(b) Authorization of Appropriations.--In order to pay for the
United States contribution provided for in subsection (a), there are
authorized to be appropriated, without fiscal year limitation,
$513,900,000 for payment by the Secretary of the Treasury.''.
(5) International monetary fund authorization for new
arrangements to borrow.--
(A) In general.--Section 17 of the Bretton Woods
Agreements Act (22 U.S.C. 286e-2) is amended--
(i) in subsection (a)--
(I) by redesignating paragraphs
(3), (4), and (5) as paragraphs (4),
(5), and (6), respectively;
(II) by inserting after paragraph
(2) the following new paragraph:
``(3) In order to carry out the purposes of a one-time
decision of the Executive Directors of the International
Monetary Fund (the Fund) to expand the resources of the New
Arrangements to Borrow, established pursuant to the decision of
January 27, 1997, referred to in paragraph (1), the Secretary
of the Treasury is authorized to make loans, in an amount not
to exceed the dollar equivalent of 28,202,470,000 of Special
Drawing Rights, in addition to any amounts previously
authorized under this section, except that prior to activation
of the New Arrangements to Borrow, the Secretary of the
Treasury shall report to Congress whether supplementary
resources are needed to forestall or cope with an impairment of
the international monetary system and whether the Fund has
fully explored other means of funding to the Fund.''; and
(III) in paragraph (5), as so
redesignated, by striking ``paragraph
(3)'' and inserting ``paragraph (4)''.
(ii) in paragraph (6), as so redesignated,
by striking ``December 16, 2022'' and inserting
``December 31, 2025''; and
(iii) in subsection (e)(1) by striking
``(a)(2),'' each place such term appears and
inserting ``(a)(2), (a)(3)''.
(B) The amounts provided by the amendments made by
this section are designated by the Congress as being
for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
technical corrections
Sec. 11113. (a) Environment Cooperation Commissions; North
American Development Bank.--Section 601 of the United States-Mexico-
Canada Agreement Implementation Act (Public Law 116-113; 134 Stat. 78)
is amended by inserting ``, other than sections 532 and 533 of such Act
and part 2 of subtitle D of title V of such Act (as amended by section
831 of this Act),'' before ``is repealed''.
(b) Protective Orders.--Section 422 of the United States-Mexico-
Canada Agreement Implementation Act (134 Stat. 64) is amended in
subsection (a)(2)(A) by striking ``all that follows through `, the
administering authority''' and inserting ``all that follows through
`Agreement, the administering authority'''.
(c) Dispute Settlement.--Subsection (j) of section 504 of the
United States-Mexico-Canada Agreement Implementation Act (134 Stat. 76)
is amended in the item proposed to be inserted into the table of
contents of such Act relating to section 414 by striking
``determination'' and inserting ``determinations''.
(d) Effetive Date.--Each amendment made by this section shall take
effect as if included in the enactment of the United States-Mexico-
Canada Agreement Implementation Act.
(e) North American Development Bank: Limitation on Callable Capital
Subscriptions.--The Secretary of the Treasury may subscribe without
fiscal year limitation to the callable capital portion of the United
States share of capital stock of the North American Development Bank in
an amount not to exceed $1,020,000,000. The authority in the preceding
sentence shall be in addition to any other authority provided by
previous Acts.
(f) The amounts provided by the amendments made by this section are
designated by the Congress as 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. 11114. Notwithstanding any other provision of law, funds made
available under each heading in this title shall only be used for the
purposes specifically described under that heading.
TITLE XII
TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES
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 September 30, 2020, 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 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.
payment to air carriers
In addition to funds made available to the ``Payment to Air
Carriers'' program in Public Law 116-94 to carry out the essential air
service program under sections 41731 through 41742 of title 49, United
States Code, $100,000,000, to be derived from the general fund and made
available to the Essential Air Service and Rural Improvement Fund, to
remain available until expended: Provided, That in determining between
or among carriers competing to provide service to a community, the
Secretary may consider the relative subsidy requirements of the
carriers: Provided further, That basic essential air service minimum
requirements shall not include the 15-passenger capacity requirement
under section 41732(b)(3) of such title: Provided further, That none
of the funds in this Act or any other Act shall be used to enter into a
new contract with a community located less than 40 miles from the
nearest small hub airport before the Secretary has negotiated with the
community over a local cost share: Provided further, That amounts
authorized to be distributed for the essential air service program
under section 41742(b) of title 49, United States Code, shall be made
available from amounts otherwise provided to the Administrator of the
Federal Aviation Administration: Provided further, That the
Administrator may reimburse such amounts from fees credited to the
account established under section 45303 of such title: 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 airline industry financial oversight
For the necessary expenses of the Office of Airline Industry
Financial Oversight, as authorized in section 301 of title III of
division R of the Take Responsibility for Workers and Families Act,
$3,000,000: 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.
airline assistance to recycle and save program
For the necessary expenses of the Airline Assistance to Recycle and
Save Program, as authorized in section 702 of title VII of division R
of the Take Responsibility for Workers and Families Act, $1,000,000,000
to remain available until expended: 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 relief for aviation workers
For necessary expenses for providing pandemic relief for aviation
workers, $40,000,000,000, to remain available until September 30, 2021
of which $37,000,000,000 shall be for the purposes authorized in
section 101(a)(1)(A) of title I of division R of the Take
Responsibility for Workers and Families Act, and $3,000,000,000, shall
be for the purposes authorized in section 101(a)(1)(B) of title I of
division R of the Take Responsibility for Workers and Families 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.
In addition, for the cost of making direct loans and loan
guarantees in accordance with the terms and conditions in sections 101-
103 and 105 of title I of division R of the Take Responsibility for
Workers and Families Act, such sums as may be necessary to remain
available until September 30, 2021: Provided, That such costs,
including the cost of modifying such loans, shall be defined by section
502 of the Congressional Budget Act of 1974: Provided further, That
subject to section 502 of the Congressional Budget Act of 1974, during
fiscal years 2020 and 2021, the aggregate sum of the principle for
direct loans and guaranteed loans shall not exceed $21,000,000,000:
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 Aviation Administration
operations
(airport and airway trust fund)
Of the amounts made available from the Airport and Airway Trust
Fund for ``Federal Aviation Administration--Operations'' in title XI of
subdivision 1 of division B of the Bipartisan Budget Act of 2018
(Public Law 115-123), not more than $25,000,000 may be used to prevent,
prepare for, and respond to coronavirus: Provided, That amounts
repurposed under this heading in this Act 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.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for Airports'', to
enable the Secretary of Transportation to make grants in accordance
with the terms and conditions in section 401 of title IV division R of
the Take Responsibility for Workers and Families Act, $10,000,000,000,
to remain available until expended: Provided, That amounts made
available under this heading in this Act shall be derived from the
general 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.
research, engineering, and development
For an additional amount for ``Research, Engineering, and
Development'', as authorized in section 705 of title VII of division R
of the Take Responsibility for Workers and Families Act, $100,000,000,
to remain available until expended: 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 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 any other Act, 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: 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 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 September 30, 2021, 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 September 30, 2021, 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
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 the
``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 September 30, 2021, 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 apportion such funds in accordance
with section 5336 of such title (other than subsections (h)(1) and
(h)(4)), sections 5311, 5337, and 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 section 5307 for administration under section 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 apportionments:
Provided further, That funds apportioned under this heading 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 of the funds for transit
infrastructure grants shall be available for administrative expenses
and ongoing program management oversight as authorized under sections
5334 and 5338(f)(2) of title 49, United States Code, and shall be in
addition to any other appropriations for such purpose: Provided
further, That notwithstanding subsection (a)(1) or (b) of section 5307
of title 49, United States Code, funds provided under this heading are
available for the operating expenses of transit agencies related to the
response to a public health emergency as described in section 319 of
the Public Health Service Act, including, beginning on January 31,
2020, reimbursement for operating costs to maintain service and lost
revenue due to the public health emergency, the purchase of personal
protective equipment, and paying the administrative leave of operations
personnel due 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 or for funds previously made available under section
5307 of title 49, United States Code, or sections 5311, 5337, or 5340
of such title as a result of the coronavirus: Provided further, That
unless otherwise specified, applicable requirements under chapter 53 of
title 49, United States Code, shall apply to funding made available
under this heading, except that the Federal share of the costs for
which any grant is made under this heading shall be, at the option of
the recipient, up to 100 percent: Provided further, That the amount
made available under this heading 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.
Office of Inspector General
salaries and expenses
For an additional amount for ``Office of Inspector General'',
$5,000,000, to remain available through September 30, 2021: Provided,
That the amount made available under this heading in this Act shall be
for necessary expenses of the Office of Inspector General to carry out
the provisions of the Inspector General Act of 1978, as amended:
Provided further, That the amounts made available under this heading in
this Act shall be used to conduct audits and investigations of
activities carried out with amounts made available in this Act to the
Department of Transportation to prevent, prepare for, and respond to
coronavirus: Provided further, That the Inspector General shall have
all the necessary authority, in carrying out the duties specified in
the Inspector General Act, as amended (5 U.S.C. App 3), to investigate
allegations of fraud, including false statements to the Government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department of Transportation: 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--Department of Transportation
Sec. 12101. For amounts made available by this Act under the
headings ``Northeast Corridor Grants to the National Railroad Passenger
Corporation'' and ``National Network Grants to the National Railroad
Passenger Corporation'', the Secretary of Transportation may not waive
the requirements under section 24312 of title 49, United States Code,
and section 24305(f) of title 49, United States Code: Provided, That
for amounts made available by this Act under such headings the
Secretary shall require the National Railroad Passenger Corporation to
comply with the Railway Retirement Act of 1974 (45 U.S.C. 231 et seq.),
the Railway Labor Act (45 U.S.C. 151 et seq.), and the Railroad
Unemployment Insurance Act (45 U.S.C. 351 et seq.): Provided further,
That not later than 7 days after the date of enactment of this Act and
each subsequent 7 days thereafter, the Secretary shall notify the House
and Senate Committees on Appropriations, the Committee on
Transportation and Infrastructure of the House of Representatives, and
the Committee on Commerce, Science, and Transportation of the Senate of
any National Railroad Passenger Corporation employee furloughs as a
result of efforts to prevent, prepare for, and respond to coronavirus:
Provided further, That in the event of any National Railroad Passenger
Corporation employee furloughs as a result of efforts to prevent,
prepare for, and respond to coronavirus, the Secretary shall require
the National Railroad Passenger Corporation to provide such employees
the opportunity to be recalled to their previously held positions as
intercity passenger rail service is restored to March 1, 2020 levels
and not later than the date on which intercity passenger rail service
has been fully restored to March 1, 2020 levels.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
administrative support offices
For an additional amount for ``Administrative Support Offices'',
$10,000,000, 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.
program offices
For an additional amount for ``Program Offices'', $10,000,000, to
remain available until September 30, 2030, to prevent, prepare for, and
respond to coronavirus: Provided, That of the sums appropriated under
this heading in this Act--
(1) $2,500,000 shall be available for the Office of Public
and Indian Housing;
(2) $5,000,000 shall be available for the Office of
Community Planning and Development; and
(3) $2,500,000 shall be available for the Office of
Housing:
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'',
$1,500,000,000, to remain available until expended, to provide
additional funds for public housing agencies to maintain operations and
take other necessary actions to prevent, prepare for, and respond to
coronavirus: Provided, That of the amounts made available under this
heading in this Act, $1,000,000,000 shall be available for additional
administrative and other expenses of public housing agencies in
administering their section 8 programs, including Mainstream vouchers,
in response to coronavirus: Provided further, That such other expenses
shall be new eligible activities to be defined by the Secretary and
shall be activities to support or maintain the health and safety of
assisted individuals and families, and costs related to retention and
support of current participating landlords: Provided further, That
amounts made available under paragraph (3) of this heading in division
H of the Further Consolidated Appropriations Act, 2020 (Public Law 116-
94) may be used for the other expenses as described in the preceding
proviso in addition to their other available uses: Provided further,
That of the amounts made available under this heading in this Act,
$500,000,000 shall be available for adjustments in the calendar year
2020 section 8 renewal funding allocations, including Mainstream
vouchers, for public housing agencies that experience a significant
increase in voucher per-unit costs due to extraordinary circumstances
or that, despite taking reasonable cost savings measures, as determined
by the Secretary, would otherwise be required to terminate rental
assistance for families as a result of insufficient funding: Provided
further, That the Secretary shall allocate amounts provided in the
preceding proviso based on need, as determined by the Secretary:
Provided further, That for any amounts provided under this heading in
prior Acts for tenant-based rental assistance contracts, including
necessary administrative expenses, under section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013) that remain
available for this purpose after funding renewals and administrative
expenses, the Secretary shall award no less than 50 percent of the
remaining amounts for the same purpose within 60 days of enactment of
this Act: Provided further, That the Secretary may waive, or specify
alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with the use of
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 to prevent, prepare for, and respond to coronavirus:
Provided further, That the Secretary shall notify the public through
the Federal Register or other appropriate means to ensure the most
expeditious allocation of this funding 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 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 such amount
is designated by the Congress as 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'' for
2020 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $720,000,000,
to remain available until September 30, 2021: Provided, That such
amount shall be combined with the amount appropriated for the same
purpose under the same heading of Public Law 116-94, and distributed to
all public housing agencies pursuant to the Operating Fund formula at
part 990 of title 24, Code of Federal Regulations: Provided further,
That for the period from the enactment of this Act through December 31,
2020, such combined total amount may be used for eligible activities
under subsections (d)(1) and (e)(1) of such section 9 and for other
expenses to prevent, prepare for, and respond 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 preceding proviso: Provided further, That the
expanded uses and funding flexibilities described in the previous two
provisos shall be available to all public housing agencies through
December 31, 2020, except that the Secretary may extend the period
under which such flexibilities shall be available in additional 12
month increments upon a finding that individuals and families assisted
by the public housing program continue to require expanded services due
to the coronavirus pandemic: 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 of funds made available under the
headings ``Public Housing Operating Fund'' and ``Public Housing Capital
Fund'' in prior Acts (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon a
finding by the Secretary that any such waivers or alternative
requirements are necessary for the safe and effective administration of
these funds to prevent, prepare for, and respond to coronavirus:
Provided further, That the Secretary shall notify the public through
the Federal Register or other appropriate means to ensure the most
expeditious allocation of this funding 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 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 amounts
repurposed under this heading 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 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'',
$350,000,000, to remain available until September 30, 2024, to prevent,
prepare for, and respond to coronavirus, of which--
(1) $250,000,000 shall be for the Native American Housing
Block Grants program, as authorized under title I of the Native
American Housing Assistance and Self-Determination Act of 1996
(``NAHASDA'') (25 U.S.C. 4111 et seq.): Provided, That amounts
made available in this paragraph shall be distributed according
to the same funding formula used in fiscal year 2020: Provided
further, That such amounts may be used to cover the cost of and
reimbursement of allowable costs to prevent, prepare for, and
respond to coronavirus incurred by a recipient regardless of
the date on which such costs were incurred: 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 in this paragraph and in paragraph (1)
under this heading in division H of the Further Consolidated
Appropriations Act, 2020 (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,
including to prevent, prepare for, and respond to coronavirus:
Provided further, That any such waivers shall apply
retroactively to activities to prevent, prepare for, and
respond to coronavirus carried out with any amounts described
in the preceding proviso; and
(2) $100,000,000 shall be for grants to Indian tribes for
carrying out the Indian Community Development Block Grant
program, as authorized under title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.) with
respect to Indian tribes for use to respond to emergencies that
constitute imminent threats to health and safety: Provided,
That, notwithstanding section 106(a)(1) of such Act, the
Secretary shall prioritize, without competition, allocations of
such amounts for activities and projects to prevent, prepare
for, and respond to coronavirus: Provided further, That not to
exceed 20 percent of any grant made with amounts made available
in this paragraph shall be expended for planning and management
development and administration: Provided further, That such
amounts may be used to cover the cost of and reimbursement of
allowable costs to prevent, prepare for, and respond to
coronavirus incurred by a recipient regardless of the date on
which such costs were incurred: Provided further, That,
notwithstanding section 105(a)(8) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.), there shall
be no percent limitation on the use of amounts for public
services activities to prevent, prepare for, and respond to
coronavirus: Provided further, That the preceding proviso
shall apply to all such activities funded with amounts made
available in this paragraph and in paragraph (4) under this
heading in division H of the Further Consolidated
Appropriations Act, 2020 (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 in this paragraph and in paragraph (4)
under this heading in division H of the Further Consolidated
Appropriations Act, 2020 (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,
including to prevent, prepare for, and respond to coronavirus:
Provided further, That any such waivers shall apply
retroactively to activities to prevent, prepare for, and
respond to coronavirus carried out with any amounts described
in the preceding 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.), $130,000,000,
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 the coronavirus: Provided, That not less than $100,000,000 of the
amount provided under this heading in this Act shall be allocated
pursuant to the formula in section 854 of such Act using the same data
elements as utilized pursuant to that same formula in fiscal year 2020:
Provided further, That up to $20,000,000 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
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, notwithstanding section 858(b)(3)(B) of such
Act (42 U.S.C. 12907(b)(3)(B)), housing payment assistance for rent,
mortgage, or utilities payments may be provided for a period of up to
24 months: Provided further, That such awards are not required to be
spent on permanent supportive housing: 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 in order to
satisfy the objectives of the preceding proviso: Provided further,
That, notwithstanding section 856(g) of such Act (42 U.S.C. 12905(g)),
a grantee may use up to 6 percent of its award under this Act for
administrative purposes, and a project sponsor may use up to 10 percent
of its sub-award under this Act for administrative purposes: Provided
further, That such amounts provided under this heading in this Act may
be used to reimburse allowable costs consistent with the purposes of
this heading incurred by a grantee or project sponsor regardless of the
date on which such costs were incurred: Provided further, That any
regulatory waivers the Secretary may issue may be deemed to be
effective as of the date a grantee began preparing for coronavirus:
Provided further, That any additional activities or authorities
authorized under this heading in 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'',
$15,000,000,000, for assistance under the community development block
grant program under title I of the Housing and Community Development
Act of 1974 (42 U.S.C. 5301 et seq.) to prevent, prepare for, and
respond to coronavirus, to remain available until September 30, 2022:
Provided, That up to $8,000,000,000 of the amount made available under
this heading shall be distributed pursuant to section 106 of such Act
(42 U.S.C. 5306) to grantees that received allocations pursuant to that
same formula in fiscal year 2020, and that such allocations shall be
made within 30 days of enactment of this Act: Provided further, That,
in addition to amounts allocated pursuant to the preceding proviso, an
additional $5,000,000,000 shall be allocated directly to States to
prevent, prepare for, and respond to coronavirus within the State,
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 any 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 as additional needs develop and data becomes available:
Provided further, That the Secretary shall make all such allocations
based on the best available data at the time of allocation: Provided
further, That amounts made available in the preceding provisos may be
used to reimburse allowable costs consistent with the purposes of this
heading in this Act incurred by a State or locality regardless of the
date on which such costs were incurred: Provided further, That section
116(b) of such Act (42 U.S.C. 5316(b)) and any implementing
regulations, which require grantees to submit their final statements of
activities no later than August 16 of a given fiscal year, shall not
apply to final statements submitted in accordance with sections
104(a)(2) and (a)(3) of such Act (42 U.S.C. 5304(a)(2) and (a)(3)) and
comprehensive housing affordability strategies submitted in accordance
with section 105 of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 12705) for fiscal years 2019 and 2020: Provided
further, That such final statements and comprehensive housing
affordability strategies shall instead be submitted not later than
August 16, 2021: Provided further, That the Secretary may waive, or
specify alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with the use of
amounts made available under this heading and for fiscal years 2019 and
2020 (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), if the
Secretary finds that good cause exists for the waiver or alternative
requirement and such waiver or alternative requirement would not be
inconsistent with the overall purpose of title I of the Housing and
Community Development Act of 1974 , including for the purposes of
addressing the impact of coronavirus: Provided further, That any such
waiver or alternative requirement shall not take effect before the
expiration of the 5-day period that begins on the date on which the
Secretary notifies the public through the Federal Register or other
appropriate means, including by means of the Internet at the
appropriate Government web site or through other electronic media, as
determined by the Secretary: Provided further, That of the amounts
made available under this heading, up to $10,000,000 shall be made
available for capacity building and technical assistance to support the
use of such amounts to expedite or facilitate infectious disease
response: 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 not be required to amend its statement of activities in
order to engage in activities to prevent, prepare, and respond to
coronavirus or the economic and housing disruption caused by such
virus, but shall make public a report within 180 days of the end of the
crisis which fully accounts for those activities: Provided further,
That a grantee may not be required to hold in-person public hearings in
connection with citizen participation plan, but shall provide citizens
with notice and a reasonable opportunity to comment of no less than 15
days: Provided further, That such procedures shall apply to grants
from amounts made available under this heading and for fiscal years
2019 and 2020: Provided further, That, during the period that national
or local health authorities recommend social distancing and limiting
public gatherings for public health reasons, a grantee may carry out
virtual public hearings to fulfill applicable public hearing
requirements for all grants from funds made available under this
heading in this and prior Acts: Provided further, That any such
virtual hearings shall provide reasonable notification and access for
citizens in accordance with the grantee's certifications, timely
responses from local officials to all citizen questions and issues, and
public access to all questions and responses: Provided further, That,
notwithstanding subsection 105(a)(8) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5305(a)(8)), there shall be no
percent limitation for the use of funds for public services activities
to prevent, prepare, and respond to coronavirus or the economic and
housing disruption caused by it: Provided further, That the preceding
proviso shall apply to all such activities carried out with grants of
funds made available under this heading and for fiscal years 2019 and
2020: Provided further, That the Secretary shall ensure there are
adequate procedures in place to prevent any duplication of benefits as
defined by section 312 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5155) and act in accordance with
section 1210 of the Disaster Recovery Reform Act of 2018 (division D of
Public Law 115-254; 132 Stat. 3442) and section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5115):
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'',
$5,000,000,000, to remain available until September 30, 2022, for 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, to prevent, prepare for, and respond to
coronavirus among individuals and families who are homeless, receiving
homeless assistance, or at risk of homelessness and to support
additional homeless assistance and homelessness prevention activities
to mitigate the impacts created by coronavirus: Provided, That up to
$1,500,000,000 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, in addition to amounts allocated in
the preceding proviso, an additional $1,500,000,000 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 45 days of enactment of this Act: Provided further, That such
formula shall allocate such amounts for the benefit of unsheltered
homeless, sheltered homeless, and those at risk of homelessness to
geographical areas with the greatest need based on the risk of
increasing transmission of coronavirus, rising rates of sheltered and
unsheltered homelessness, and disruptions to economic and housing
markets and other factors, as determined by the Secretary: Provided
further, That not less than every 60 days thereafter, the Secretary
shall allocate a minimum of an additional $500,000,000: Provided
further, That amounts in the preceding proviso shall be allocated by a
formula to be developed by the Secretary which takes into consideration
the factors contained in the third proviso under this heading, in
addition to the best available data on the number of coronavirus cases
and disruptions in economic and housing markets, and other factors as
determined by the Secretary: Provided further, That such amounts may
be used to reimburse allowable costs consistent with the purposes of
this heading incurred by a State or locality regardless of the date on
which such costs were incurred: Provided further, That individuals and
families who are very low-income (as such term is defined in section
3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))
shall be considered ``at risk of homelessness'' and eligible for
homelessness prevention assistance if they meet the criteria in
subparagraphs (B) and (C) of section 401(1) of the McKinney-Vento
Homeless Act (42 U.S.C. 11360(1)(B) and (C)): Provided further, That
any individuals and families who are low-income (as such term is
defined in section 3(b) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)) shall be eligible for rental assistance: Provided
further, That recipients may deviate from applicable procurement
standards when procuring goods and services consistent with the
purposes of this heading: Provided further, That a recipient may use
up to 10 percent of its allocation for administrative purposes:
Provided further, That the use of such amounts 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 the McKinney-Vento
Homeless Act (42 U.S.C. 11374) shall not apply to such amounts:
Provided further, That such amounts may be used to provide temporary
emergency shelters (through leasing of existing property, temporary
structures, or other means) for the purposes described under this
heading, 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 Federal, State, or local health
officials to be necessary to prevent and mitigate the spread of
coronavirus: Provided further, That such amounts may be used for
training on infectious disease prevention and mitigation and to provide
hazard pay, including for time worked prior to enactment of this Act,
for staff working directly to prevent and mitigate the spread of
coronavirus among persons who are homeless or at risk of homelessness,
and that such activities shall not be considered administrative costs
for purposes of the 10 percent cap: Provided further, That in
administering the amounts made available under this heading in this
Act, the Secretary may waive, or specify alternative requirements for,
any provision of any statute or regulation (except for any requirements
related to fair housing, nondiscrimination, labor standards, and the
environment) that the Secretary administers in connection with the
obligation or use by the recipient of these amounts, if the Secretary
finds that good cause exists for the waiver or alternative requirement
and such waiver or alternative requirement is consistent with the
purposes described under this heading: 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 and amounts provided
under the same heading in fiscal year 2020 used by recipients for the
purposes described under this heading: Provided further, That the
Secretary shall notify the public through the Federal Register or other
appropriate means, 5 days before the effective date, of any such waiver
or alternative requirement, and that such public notice may be provided
on the Internet at the appropriate Government web site or through other
electronic media, as determined by the Secretary: Provided further,
That up to 1 percent of amounts made available under this heading in
this Act may be used to increase prior awards made to existing
technical assistance providers with experience in providing health care
services in order to provide an immediate increase in capacity building
and technical assistance to recipients of the Emergency Solutions
Grants program under this heading and under the same heading in fiscal
years 2018, 2019 and 2020: Provided further, That none of the funds
provided under this heading 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.
emergency rental assistance
For and additional amount for ``Emergency Rental Assistance'', as
authorized in section 104 of title I of division I of the Take
Responsibility for Workers and Families Act, $100,000,000,000, to
remain available until expended: 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.
housing assistance fund
For an additional amount for the ``Housing Assistance Fund'', as
authorized in section 107 of title I of division I of the Take
Responsibility for Workers and Families Act, $35,000,000,000, to remain
available until expended: 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.
Housing Programs
assisted housing stability
For an additional amount 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. 17012), section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), or
section 8 of the United States Housing Act of 1937, as amended, (42
U.S.C. 1437f), $1,100,000,000, to remain available until expended,
unless otherwise specified: Provided, That such amounts shall be used
to prevent, prepare for, and respond to coronavirus: Provided further,
That of the amounts made available under this heading in this Act:
(1) $1,000,000,000 shall be for ``Project-Based Rental
Assistance'' to supplement funds already available for expiring
or terminating section 8 project-based subsidy contracts
(including section 8 moderate rehabilitation contracts), for
amendments to section 8 project-based subsidy contracts
(including section 8 moderate rehabilitation contracts), for
contracts entered into pursuant to section 441 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11401), for renewal of
section 8 contracts for units in projects that are subject to
approved plans of action under the Emergency Low Income Housing
Preservation Act of 1987 or the Low-Income Housing Preservation
and Resident Homeownership Act of 1990, and for administrative
and other expenses associated with project-based activities and
assistance funded under this paragraph;
(2) $75,000,000, to remain available until September 30,
2022, shall be for ``Housing for the Elderly'' to supplement
funds already available for project rental assistance for the
elderly under section 202(c)(2) of such Housing Act of 1959,
including amendments to contracts for such assistance and
renewal of expiring contracts for such assistance for up to a
1-year term, for senior preservation rental assistance
contracts, including renewals, as authorized by section 811(e)
of the American Housing and Economic Opportunity Act of 2000,
as amended, and for supportive services associated with the
housing for the elderly as authorized by such section 202:
Provided further, That funds made available under this
paragraph shall be used to provide emergency assistance for
continuation of contracts for project rental assistance and
amendment to such contracts, supportive services, existing
service coordinators, one-time grants to hire additional
service coordinators, other staffing, rent supports, and
emergency preparedness relating to coronavirus; and
(3) $25,000,000, to remain available until September 30,
2023, shall be for ``Housing for Persons with Disabilities'' to
supplement funds already available for project rental
assistance for supportive housing for persons with disabilities
under section 811(d)(2) of such Cranston-Gonzalez National
Affordable Housing Act, for project assistance contracts
pursuant to section 202(h) of the Housing Act of 1959 (Public
Law 86-372; 73 Stat. 667), including amendments to contracts
for such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, for project rental
assistance to State housing finance agencies and other
appropriate entities as authorized under section 811(b)(3) of
the Cranston-Gonzalez National Housing Act, and for supportive
services associated with the housing for persons with
disabilities as authorized by section 811(b)(1) of such Act:
Provided further, That for the purposes of addressing the impact of
coronavirus, 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: Provided further, That the Secretary shall notify
the public through the Federal Register or other appropriate means of
any such waiver or alternative requirement in order for such waiver or
alternative requirement to take effect, and that such public notice may
be provided at minimum on the Internet at the appropriate Government
web site or through other electronic media, as determined by the
Secretary: Provided further, That up to 1 percent of the amounts
provided under paragraphs (1), (2) and (3) may be used to make new
awards or increase prior awards made to existing technical assistance
providers, without competition, to provide an immediate increase in
capacity building and technical assistance available to recipients of
amounts identified in the preceding proviso, to remain available until
September 30, 2024: 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'',
$7,000,000, 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 $4,000,000 shall be for the Fair Housing Assistance Program
Partnership for Special Enforcement grants to address fair housing
issues relating to coronavirus, and $3,000,000 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 September 30, 2021: Provided,
That the amount made available under this heading in this Act shall be
for necessary salaries and expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978 and to conduct audits
and investigations of activities carried out with amounts made
available in this Act to the Department of Housing and Urban
Development to prevent, prepare for, and respond to coronavirus:
Provided further, That the Inspector General shall have independent
authority over all personnel issues within this office: 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 XIII
GENERAL PROVISIONS--THIS DIVISION
Sec. 13101. Not later than 30 days after the date of enactment of
this Act, the head of each executive agency that receives funding in
this Act, or that received funding in the Coronavirus Preparedness and
Response Supplemental Appropriations Act, 2020 (division A of Public
Law 116-123) or the Second Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020 (division A of Public Law 116-
127), shall provide a report detailing the anticipated uses of all such
funding to the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That each report shall
include estimated personnel and administrative costs, as well as the
total amount of funding apportioned, allotted, obligated, and expended,
to date: Provided further, That each such report shall be updated and
submitted to such Committees every 60 days until all funds are expended
or expire: Provided further, That reports submitted pursuant to this
section shall satisfy the requirements of section 1701 of division A of
Public Law 116-127.
Sec. 13102. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 13103. In this Act, the term ``coronavirus'' means SARS-CoV-2
or another coronavirus with pandemic potential.
Sec. 13104. 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. 13105. 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. 13106. Each amount designated in this Act by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985 shall
be available (or rescinded or transferred, if applicable) only if the
President subsequently so designates all such amounts and transmits
such designations to the Congress.
Sec. 13107. Any amount appropriated by this Act, designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985 and subsequently so designated by the President, and
transferred pursuant to transfer authorities provided by this Act shall
retain such designation.
Sec. 13108. Notwithstanding any other provision of law, and
subject to the availability of appropriations, funds made available by
this Act or any other Act may be used to modify the terms and
conditions of a contract, or other agreement, without consideration, to
authorize a federal agency to reimburse at contract billing rates not
to exceed an average of 40 hours per week any contractor paid leave,
including sick leave, the contractor provides to its employees to
ensure the effective response to the declared national emergency for
the coronavirus pandemic event. Such authority shall apply only to a
contractor whose employees cannot perform work on a federally owned or
leased facility or site due to Federal Government directed closures or
other restrictions, and who cannot telework because their job duties
cannot be performed remotely during the declared national emergency for
the coronavirus pandemic event. This authority also shall apply to
subcontractors. The amounts made available by this section 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.
This division may be cited as the ``Third Coronavirus Preparedness
and Response Supplemental Appropriations Act, 2020''.
DIVISION B--EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT
SEC. 20001. REFERENCES.
Except as otherwise expressly provided, whenever in this division
an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), as amended by the
Emergency Family and Medical Leave Expansion Act (Public Law 116-127).
SEC. 20002. EMPLOYER CLARIFICATION.
Section 101(4) is amended by adding at the end the following:
``(C) Clarification.--Subparagraph (A)(i) shall not
apply with respect to a public agency described in
subparagraph (A)(iii).''.
SEC. 20003. EMERGENCY LEAVE EXTENSION.
Section 102(a)(1)(F) is amended by striking ``December 31, 2020''
and inserting ``December 31, 2021''.
SEC. 20004. EMERGENCY LEAVE DEFINITIONS.
(a) Eligible Employee.--Section 110(a)(1) is amended in
subparagraph (A), by striking ``sections 101(2)(A) and 101(2)(B)(ii)''
and inserting ``section 101(2)''.
(b) Employer Threshold.--Section 110(a)(1)(B) is amended by
striking ``fewer than 500 employees'' and inserting ``1 or more
employees''.
(c) Parent.--Section 110(a)(1) is amended by adding at the end the
following:
``(C) Parent.--In lieu of the definition in section
101(7), the term `parent', with respect to an employee,
means any of the following:
``(i) A biological, foster, or adoptive
parent of the employee.
``(ii) A stepparent of the employee.
``(iii) A parent-in-law of the employee.
``(iv) A parent of a domestic partner of
the employee.
``(v) A legal guardian or other person who
stood in loco parentis to an employee when the
employee was a child.''.
(d) Qualifying Need Related to a Public Health Emergency.--Section
110(a)(2)(A) is amended to read as follows:
``(A) Qualifying need related to a public health
emergency.--The term `qualifying need related to a
public health emergency', with respect to leave, means
that the employee is unable to perform the functions of
the position of such employee due to a need for leave
for any of the following:
``(i) To comply with a recommendation or
order by a public official having jurisdiction
or a health care provider on the basis that the
physical presence of the employee on the job
would jeopardize the health of others because
of--
``(I) the exposure of the employee
to COVID-19; or
``(II) exhibition of symptoms of
COVID-19 by the employee.
``(ii) To care for a family member of an
eligible employee with respect to whom a public
official having jurisdiction or a health care
provider makes a determination that the
presence of such family member in the community
would jeopardize the health of other
individuals in the community because of--
``(I) the exposure of the family
member to COVID-19; or
``(II) exhibition of symptoms of
COVID-19 by the family member.
``(iii) To care for the son or daughter of
such employee if the school or place of care
has been closed, or the child care provider of
such son or daughter is unavailable, due to a
public health emergency.
``(iv) To care for a family member who
meets criteria of 101(12)(B) or is a senior
citizen, if the place of care for such family
member is closed, or the direct care provider
is unavailable, due to a public health
emergency.''.
(e) Family Member.--Section 110(a)(2) is amended by adding at the
end the following:
``(E) Family member.--The term `family member',
with respect to an employee, means any of the
following:
``(i) A parent of the employee.
``(ii) A spouse of the employee.
``(iii) A sibling of the employee.
``(iv) Next of kin of the employee or a
person for whom the employee is next of kin.
``(v) A son or daughter of the employee.
``(vi) A grandparent or grandchild of the
employee.
``(vii) An domestic partner of the
employee.
``(F) Domestic partner.--
``(i) In general.--The term `domestic
partner', with respect to an individual, means
another individual with whom the individual is
in a committed relationship.
``(ii) Committed relationship defined.--The
term `committed relationship' means a
relationship between 2 individuals, each at
least 18 years of age, in which each individual
is the other individual's sole domestic partner
and both individuals share responsibility for a
significant measure of each other's common
welfare. The term includes any such
relationship between 2 individuals that is
granted legal recognition by a State or
political subdivision of a State as a marriage
or analogous relationship, including a civil
union or domestic partnership.''.
SEC. 20005. REGULATORY AUTHORITIES.
(a) In General.--Section 110(a) is amended by striking paragraph
(3).
(b) Force or Effect of Regulations.--Any regulation issued under
section 110(a)(3), as in effect on the day before the date of the
enactment of this Act, shall have no force or effect.
SEC. 20006. RELATIONSHIP TO PAID LEAVE.
Section 110(b) is amended--
(1) in paragraph (1)--
(A) in the header, by striking ``10 days'' and
inserting ``2 workweeks'';
(B) in subparagraph (A), by striking ``10 days''
and inserting ``2 workweeks'';
(C) in subparagraph (B), by inserting, ``,
including leave provided under section 5102 of the
Emergency Paid Sick Leave Act (Public Law 116-127),''
after ``medical or sick leave''; and
(D) by inserting at the end the following:
``(C) Employer requirement.--An employer may not
require an employee to substitute any leave described
in subparagraph (B) for leave under section
102(a)(1)(F).
``(D) Relationship to other family and medical
leave.--Leave taken under subparagraph (F) of section
102(a)(1) shall not count towards the 12 weeks of leave
to which an employee is entitled under subparagraphs
(A) through (E) of such section.''; and
(2) in paragraph (2)(A), by striking ``10 days'' and
inserting ``2 workweeks''.
SEC. 20007. WAGE RATE.
Section 110(b)(2)(B)(I) is amended to read as follows:
``(I) an amount that is not less
than the greater of--
``(aa) the minimum wage
rate in effect under section
6(a)(1) of the Fair Labor
Standards Act of 1938 (29
U.S.C. 206(a)(1));
``(bb) the minimum wage
rate in effect for such
employee in the applicable
State or locality, whichever is
greater, in which the employee
is employed; or
``(cc) two thirds of an
employee's regular rate of pay
(as determined under section
7(e) of the Fair Labor
Standards Act of 1938 (29
U.S.C. 207(e)); and''.
SEC. 20008. NOTICE.
Section 110(c) is amended by inserting ``or subsection
(a)(2)(A)(iv)'' after ``for the purpose described in subsection
(a)(2)(A)(iii)''.
SEC. 20009. AMENDMENTS TO THE EMERGENCY FAMILY AND MEDICAL LEAVE
EXPANSION ACT.
The Emergency Family and Medical Leave Expansion Act (Public Law
116-127) is amended--
(1) in section 3103(b), by striking ``Employees'' and
inserting, ``Notwithstanding section 102(a)(1)(A) of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)(A)),
employees''; and
(2) by striking sections 3104 and 3105.
DIVISION C--EMERGENCY PAID SICK LEAVE ACT AMENDMENTS
SEC. 30001. REFERENCES.
Except as otherwise expressly provided, whenever in this division
an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of division E of
the Families First Coronavirus Response Act (Public Law 116-127).
SEC. 30002. PAID SICK TIME REQUIREMENT.
(a) Uses.--Section 5102(a) is amended to read as follows:
``(a) In General.--An employer shall provide to each employee
employed by the employer paid sick time for any of the following uses:
``(1) To self-isolate because the employee is diagnosed
with COVID-19.
``(2) To obtain a medical diagnosis or care if such
employee is experiencing the symptoms of COVID-19.
``(3) To comply with a recommendation or order by a public
official with jurisdiction or a health care provider on the
basis that the physical presence of the employee on the job
would jeopardize the health of others because of--
``(A) the exposure of the employee to COVID-19; or
``(B) exhibition of symptoms of COVID-19 by the
employee; or
``(4) To care for or assist a family member of the
employee--
``(A) who--
``(i) is self-isolating because such family
member has been diagnosed with COVID-19; or
``(ii) is experiencing symptoms of COVID-19
and needs to obtain medical diagnosis or care.
``(B) with respect to whom a public official with
jurisdiction or a health care provider makes a
determination that the presence of the family member in
the community would jeopardize the health of other
individuals in the community because of--
``(i) the exposure of such family member to
the COVID-19; or
``(ii) exhibition of symptoms of COVID-19
by such family member.
``(5) To care for the son or daughter of such employee if
the school or place of care has been closed, or the child care
provider of such son or daughter is unavailable, due to COVID-
19.''.
(b) Employers With Existing Policies.--Section 5102 by adding at
the end the following:
``(f) Employers With Existing Policies.--With respect to an
employer that provides paid leave on the day before the date of
enactment of this Act--
``(1) the paid sick time under this Act shall be made
available to employees of the employer in addition to such paid
leave; and
``(2) the employer may not change such paid leave on or
after such date of enactment to avoid being subject to
paragraph (1).''.
SEC. 30003. PROHIBITED ACTS.
Section 5104(1) is amended by striking ``and'' at the end and
inserting ``or''.
SEC. 30004. SUNSET.
Section 5109 is amended by striking ``December 31, 2020'' and
inserting ``December 31, 2021''.
SEC. 30005. DEFINITIONS.
(a) Employee.--Section 5110(1)(A)(i) is amended--
(1) by striking ``terms'' and inserting ``term''; and
(2) by striking ``paragraph (5)(A)'' and inserting
``paragraph (2)(A)''.
(b) Employer.--Section 5110(2)(B) is amended--
(1) by striking ``terms'' and inserting ``term'';
(2) by amending subclause (I) of clause (i) to read as
follows:
``(I) means any person engaged in
commerce or in any industry or activity
affecting commerce that employs 1 or
more employees;''; and
(3) by amending clause (ii) to read as follows:
``(ii) Public agency and non-profit
organizations.--For purposes of clause (i)(III)
and (i)(I), a public agency and a nonprofit
organization shall be considered to be a person
engaged in commerce or in an industry or
activity affecting commerce.''.
(c) FMLA Terms.--Section 5110(4) is amended to read as follows:
``(4) FMLA terms.--The terms `health care provider', `next
of kin', `son or daughter', and `spouse' have the meanings
given such terms in section 101 of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2611).''.
(d) Paid Sick Time.--Section 5110(5) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``section 2(a)'' and
inserting ``section 5102(a)''; and
(B) in clause (ii), by striking ``exceed'' and all
that follows and inserting ``exceed $511 per day and
$5,110 in the aggregate.'';
(2) in subparagraph (B)--
(A) by striking the following:
``(B) Required compensation.--
``(i) In general.--Subject to subparagraph
(A)(ii),''; and inserting the following:
``(B) Required compensation.--Subject to
subparagraph (A)(ii),''; and
(B) by striking clause (ii); and
(3) in subparagraph (C), by striking `` section 2(a)'' and
inserting ``section 5102(a)''.
(a) Additional Definitions.--Section 5110 is amended by adding at
the end the following:
``(6) Domestic partner.--
``(A) In general.--The term `domestic partner',
with respect to an individual, means another individual
with whom the individual is in a committed
relationship.
``(B) Committed relationship defined.--The term
`committed relationship' means a relationship between 2
individuals, each at least 18 years of age, in which
each individual is the other individual's sole domestic
partner and both individuals share responsibility for a
significant measure of each other's common welfare. The
term includes any such relationship between 2
individuals that is granted legal recognition by a
State or political subdivision of a State as a marriage
or analogous relationship, including a civil union or
domestic partnership.
``(7) Family member.--The term `family member', with
respect to an employee, means any of the following:
``(A) A parent of the employee.
``(B) A spouse of the employee.
``(C) A son or daughter of the employee.
``(D) A sibling of the employee.
``(E) A next of kin of the employee or a person for
whom the employee is next of kin.
``(F) A grandparent or grandchild of the employee.
``(G) A domestic partner of the employee.
``(8) FFCRA terms.--The terms `child care provider' and
`school' have the meanings given such terms in section
110(a)(2) of the Family and Medical and Leave Act of 1993.
``(9) Parent.--The term `parent', with respect to an
employee, means any of the following:
``(A) A biological, foster, or adoptive parent of
the employee.
``(B) A stepparent of the employee.
``(C) A parent-in-law of the employee.
``(D) A parent of a domestic partner of the
employee.
``(E) A legal guardian or other person who stood in
loco parentis to an employee when the employee was a
child.''.
SEC. 30006. REGULATORY AUTHORITIES.
(a) In General.--Division E is amended by striking section 5111.
(b) Force or Effect of Regulations.--Any regulation issued under
section 5111 of division E of the Families First Coronavirus Response
Act (Public Law 116-127), as in effect on the day before the date of
the enactment of this Act, shall have no force or effect.
DIVISION D--COVID-19 WORKERS FIRST PROTECTION ACT OF 2020
SEC. 40001. SHORT TITLE.
This division may be cited as the ``COVID-19 Workers First
Protection Act of 2020''.
SEC. 40002. EMERGENCY TEMPORARY AND PERMANENT STANDARDS.
(a) Emergency Temporary Standard.--
(1) In general.--In consideration of the grave risk
presented by COVID-19 and the need to strengthen protections
for employees, pursuant to section 6(c)(1) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 655(c)(1)) and
notwithstanding the provisions of law and the Executive Order
listed in paragraph (7), not later than 7 days after the date
of enactment of this Act, the Secretary of Labor shall, in
consultation with the Director of the Centers for Disease
Control and Prevention, the Director of the National Institute
for Occupational Safety and Health, the Commissioner of the
Food and Drug Administration, and the persons described in
paragraph (2), promulgate an emergency temporary standard to
protect from occupational exposure to SARS-CoV-2--
(A) employees of health care sector employers;
(B) employees of employers in the paramedic and
emergency medical services, including such services
provided by firefighters and other emergency
responders; and
(C) employees in other sectors and occupations whom
the Centers for Disease Control and Prevention or the
Occupational Safety and Health Administration
identifies as having elevated risk.
(2) Consultation.--In developing the standard under this
subsection, the Secretary shall consult with professional
associations and representatives of the employees in the
occupations and sectors described in subparagraphs (A) through
(C) of paragraph (1) and the employers of such employees.
(3) Enforcement discretion.--If the Secretary of Labor
determines it is not feasible for an employer to comply with a
requirement of the standard promulgated under this subsection
(such as a shortage of the necessary personal protective
equipment), the Secretary may exercise discretion in the
enforcement of such requirement if the employer demonstrates
that the employer--
(A) is exercising due diligence to come into
compliance with such requirement; and
(B) is implementing alternative methods and
measures to protect employees.
(4) Extension of standard.--Notwithstanding paragraphs (2)
and (3) of section 6(c) of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 655(c)), the emergency temporary
standard promulgated under this subsection shall be in effect
until the date on which the final standard promulgated under
subsection (b) is in effect.
(5) State plan adoption.--With respect to a State with a
State plan that has been approved by the Secretary of Labor
under section 18 of the Occupational Safety and Health Act of
1970 (29 U.S.C. 667), not later than 14 days after the date of
enactment of this Act, such State shall promulgate an emergency
temporary standard that is at least as effective in protecting
from occupational exposure to SARS-CoV-2 the employees in the
occupations and sectors described in subparagraphs (A) through
(C) of paragraph (1) as the emergency temporary standard
promulgated under this subsection.
(6) Employer defined.--For purposes of the standard
promulgated under this subsection, the term ``employer'' under
section 3 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 652) includes any State or political subdivision of a
State, except for those already subject to the jurisdiction of
a State plan approved under Section 18(b) of the Occupational
Safety and Health Act of 1970.
(7) Inapplicable provisions of law and executive order.--
The requirements of chapter 6 of title V, United States Code
(commonly referred to as the ``Regulatory Flexibility Act''),
subchapter I of chapter 35 of title 44, United States Code
(commonly referred to as the ``Paperwork Reduction Act''), and
Executive Order 12866 (58 Fed. Reg. 190; relating to regulatory
planning and review), as amended, shall not apply to the
standard promulgated under this subsection.
(b) Permanent Standard.--Not later than 24 months after the date of
enactment of this Act, the Secretary of Labor shall promulgate a final
standard--
(1) to protect employees from occupational exposure to
infectious pathogens, including novel pathogens; and
(2) that shall be effective and enforceable in the same
manner and to the same extent as a standard promulgated under
section 6(b) of the Occupational Safety and Health Act of 1970
(29 U.S.C. 655(b)).
(c) Requirements.--Each standard promulgated under this section
shall--
(1) require the employers of the employees in the
occupations and sectors described in subparagraphs (A) through
(C) of subsection (a)(1) to develop and implement a
comprehensive infectious disease exposure control plan;
(2) provide no less protection for novel pathogens than
precautions mandated by standards adopted by a State plan that
has been approved by the Secretary of Labor under section 18 of
the Occupational Safety and Health Act of 1970 (296 U.S.C.
667); and
(3) incorporate, as appropriate--
(A) guidelines issued by the Centers for Disease
Control and Prevention, and the National Institute for
Occupational Safety and Health, which are designed to
prevent the transmission of infectious agents in
healthcare settings; and
(B) relevant scientific research on novel
pathogens.
SEC. 40003. SURVEILLANCE, TRACKING, AND INVESTIGATION OF WORK-RELATED
CASES OF COVID-19 AMONG HEALTH CARE WORKERS.
The Director of the Centers for Disease Control and Prevention, in
conjunction with the Director of the National Institute for
Occupational Safety and Health, shall--
(1) collect and analyze case reports and other data on
COVID-19, to identify and evaluate the extent, nature, and
source of COVID-19 among employees in the occupations and
sectors described in subparagraphs (A) through (C) of section
2(a)(1);
(2) investigate, as appropriate, individual cases of COVID-
19 among such employees to evaluate the source of exposure and
adequacy of infection and exposure control programs and
measures;
(3) provide regular periodic reports on COVID-19 disease
among such employees to the public; and
(4) based on such reports and investigations make
recommendations on needed actions or guidance to protect such
employees from COVID-19.
DIVISION E--COVID-19 WORKFORCE EMERGENCY RESPONSE ACT OF 2020
SEC. 50001. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Workforce
Emergency Response Act of 2020''.
SEC. 50002. DEFINITIONS.
In this Act:
(1) Coronavirus.--The term ``coronavirus'' means
coronavirus as defined in section 506 of the Coronavirus
Preparedness and Response Supplemental Appropriations Act, 2020
(Public Law 116-123).
(2) COVID-19 national emergency.--The term ``COVID-19
national emergency'' means the national emergency declared by
the President under the National Emergencies Act (50 U.S.C.
1601 et seq.) on March 13, 2020, with respect to the
coronavirus.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(4) WIOA terms.--Except as otherwise provided, the terms in
this Act have the meanings given the terms in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
SEC. 50003. WORKFORCE RESPONSE ACTIVITIES.
(a) In General.--The purpose of this section is to provide the
increased flexibility needed for State and local areas to provide
continuity of services during the COVID-19 national emergency.
(b) Administrative Costs.--Notwithstanding section 128(b)(4) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3163(b)(4)), of the
funds allocated to a local area, including a single State local area,
under subtitle B of title I of such Act (29 U.S.C. 3151 et seq.) that
remain unobligated for program year 2019, an amount up to 20 percent
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 (29 U.S.C. 3151 et seq.), as long as
any amount used under this subsection that exceeds the amount
authorized for administrative costs under section 128(b)(4)(A) of such
Act (29 U.S.C. 3163(b)(4)) is used to respond to the COVID-19 national
emergency.
(c) Rapid Response Activities.--
(1) Statewide rapid response.--Of the reserved by a
Governor under section 128(a) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3163(a)) for statewide activities
that remain unobligated for program year 2019, such funds may
be used for the statewide rapid response activities described
in section 134(a)(2)(A) of such Act (29 U.S.C. 3174(a)(2)(A))
for responding to the COVID-19 national emergency.
(2) Local boards.--Of the funds reserved by a Governor
under section 133(a)(2) of such Act (29 U.S.C. 3173(a)(2)) that
remain unobligated for program year 2019, such funds may be
distributed by the Governor not later than 30 days after the
date of enactment of this Act to local boards most impacted by
the coronavirus, at the determination of the Governor, for
rapid response activities related to responding to the COVID-19
national emergency.
DIVISION F--FAMILY SUPPORT PROVISIONS
SEC. 60001. CONTINUED SAFE OPERATION OF CHILD WELFARE PROGRAMS AND
SUPPORT FOR OLDER FOSTER YOUTH.
(a) Funding Increases.--
(1) General program.--The dollar amount specified in
section 477(h)(1) of the Social Security Act for fiscal year
2020 is deemed to be $185,900,000.
(2) Education and training vouchers.--The dollar amount
specified in section 477(h)(2) of such Act for fiscal year 2020
is deemed to be $78,000,000.
(b) Programmatic Flexibility.--With respect to the period that
begins on March 1, 2020, and ends with the close of calendar year 2020:
(1) Elimination of age limitations on eligibility for
assistance.--Eligibility for services or assistance under a
State program operated pursuant to section 477 of the Social
Security Act shall be provided without regard to the age of the
recipient.
(2) Suspension of work and education requirements under the
education and training voucher program.--Section 477(i)(3) of
the Social Security Act shall be applied and administered
without regard to any work or education requirement.
(3) Authority to waive limitation on percentage of funds
used for housing assistance.--The Secretary of Health and Human
Services (in this subsection referred to as the ``Secretary'')
may apply and administer section 477 of the Social Security Act
without regard to subsection (b)(3)(B) of such section.
(4) Authority to waive rules conflicting with needed
assistance and services.--The Secretary may waive any
requirement imposed by or under part B or E of title IV of the
Social Security Act (including any limitation on the ability of
contractors pursuant to such part B or E to apply for no-cost
contract extensions) that the Secretary deems to be in conflict
with using funds made available pursuant to this section or
other statutes for the provision of financial, education, work,
housing, and other assistance and services needed in response
to the public health emergency declared by the Secretary
pursuant to section 319 of the Public Health Service Act on
January 31, 2020, entitled ``Determination that a Public Health
Emergency Exists Nationwide as the Result of the 2019 Novel
Coronavirus''.
(5) Authority of states to determine how daily activities
may be conducted remotely.--The Secretary may allow a State to
determine how daily activities under the State plan developed
under part B of title IV of the Social Security Act and the
State program funded under section 477 of such Act may be
conducted through electronic means to comply with public health
guidelines relating to social distancing, including conducting
any required court proceedings pertaining to children in care.
In making any such determination, the State shall work to
ensure that the safety and health of each child in care remains
paramount.
(6) Counting of remote caseworker visits as in-person
visits.--In the case of a foster child who has attained 18
years of age and with respect to whom foster care maintenance
payments are being made under a State plan approved under part
E of title IV of the Social Security Act, caseworker contact
with the child that includes visual and auditory contact and
which is conducted solely by electronic means is deemed an in-
person visit to the child by the caseworker for purposes of
section 424(f)(1)(A) of such Act if the child is visited by the
caseworker in person not less than once every 6 months while in
such care.
(7) Elimination of education and employment requirements
for certain foster youth.--The Secretary may waive the
applicability of subclauses (I) through (IV) of section
475(8)(B)(iv) of the Social Security Act.
(c) State Defined.--In subsection (a), the term ``State'' has the
meaning given the term in section 1101(a) of the Social Security Act
for purposes of title IV of the Social Security Act, and includes an
Indian tribe, tribal organization, or tribal consortium with an
application and plan approved under this section 477(j) of such Act for
fiscal year 2020.
SEC. 60002. ALLOWING HOME VISITING PROGRAMS TO CONTINUE SERVING
FAMILIES SAFELY.
(a) In General.--For purposes of section 511 of the Social Security
Act, during the period that begins on February 1, 2020, and ends with
the close of calendar year 2020--
(1) a virtual home visit shall be considered a home visit;
(2) funding for, and staffing levels of, a program
conducted pursuant to such section shall not be reduced on
account of reduced enrollment in the program; and
(3) funds provided for such a program may be used--
(A) to train home visitors in conducting a virtual
home visit and in emergency preparedness and response
planning for families served;
(B) for the acquisition by families enrolled in the
program of such technological means as are needed to
conduct and support a virtual home visit; and
(C) to provide emergency supplies (such as diapers,
formula, non-perishable food, water, hand soap and hand
sanitizer) to families served.
(b) Virtual Home Visit Defined.--In subsection (a), the term
``virtual home visit'' means a visit that is conducted solely by
electronic means.
(c) Authority to Delay Deadlines.--
(1) In general.--The Secretary of Health and Human Services
may extend the deadline by which a requirement of section 511
of the Social Security Act must be met, by such period of time
as the Secretary deems appropriate.
(2) Guidance.--The Secretary shall provide to eligible
entities funded under section 511 of the Social Security Act
information on the parameters used in extending a deadline
under paragraph (1) of this subsection.
SEC. 60003. EMERGENCY FLEXIBILITY FOR CHILD SUPPORT PROGRAMS.
(a) In General.--With respect to the period that begins on March 1,
2020, and ends with the close of calendar year 2021:
(1) The Secretary of Health and Human Services (in this
subsection referred to as the ``Secretary'') may increase any
percentage in effect for purposes of section 455(a)(1) of the
Social Security Act to not more than 100 percent.
(2) On application of an Indian tribe therefor, the
Secretary may waive any matching funds requirement imposed on
the tribe under section 455(f) of such Act.
(3) Paragraphs (2) and (8) of section 409(a) of such Act
shall have no force or effect.
(4) The Secretary may exempt a State from any requirement
of section 466 of such Act.
(5) The Secretary may not impose a penalty or take any
other adverse action against a State pursuant to section
452(g)(1) of such Act for failure to achieve a paternity
establishment percentage of less than 90 percent.
(6) The Secretary may not find that the paternity
establishment percentage for a State is not based on reliable
data for purposes of section 452(g)(1) of such Act, and the
Secretary may not determine that the data which a State
submitted pursuant to section 452(a)(4)(C)(i) of such Act and
which is used in determining a performance level is not
complete or reliable for purposes of section 458(b)(5)(B) of
such Act, on the basis of the failure of the State to submit
OCSE Form 396 or 34 in a timely manner.
(7) The Secretary may not impose a penalty or take any
other adverse action against a State for failure to comply with
section 454A(g)(1)(A)(i) of such Act.
(8) The Secretary may not disapprove a State plan submitted
pursuant to part D of title IV of such Act for failure of the
plan to meet the requirement of section 454(1) of such Act, and
may not impose a penalty or take any other adverse action
against a State with such a plan that meets that requirement
for failure to comply with that requirement.
(9) To the extent that a preceding provision of this
section applies with respect to a provision of law applicable
to a program operated by an Indian tribe or tribal organization
(as defined in subsections (e) and (l) of section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b)), that preceding provision shall apply with
respect to the Indian tribe or tribal organization.
(b) State Defined.--In subsection (a), the term ``State'' has the
meaning given the term in section 1101(a) of the Social Security Act
for purposes of title IV of such Act.
SEC. 60004. EMERGENCY FLEXIBILITY FOR STATE TANF PROGRAMS.
(a) State Programs.--Sections 407 and 408(a)(7) of the Social
Security Act shall have no force or effect during the applicable
period, and paragraphs (3), (9), (14), and (15) of section 409(a) of
such Act shall not apply with respect to conduct engaged in during the
period.
(b) Tribal Programs.--The minimum work participation requirements
and time limits established under section 412(c) of the Social Security
Act shall have no force or effect during the applicable period, and the
penalties established under such section shall not apply with respect
to conduct engaged in during the period.
(c) Penalty for Noncompliance.--
(1) In general.--If the Secretary of Health and Human
Services finds that a State or an Indian tribe has imposed a
work requirement as a condition of receiving assistance, or a
time limit on the provision of assistance, under a program
funded under part A of title IV of the Social Security Act or
any program funded with qualified State expenditures (as
defined in section 409(a)(7)(B)(i) of such Act) during the
applicable period, or has imposed a penalty for failure to
comply with a work requirement during the period, the Secretary
shall reduce the grant payable to the State under section
403(a)(1) of such Act or the grant payable to the tribe under
section 412(a)(1) of such Act, as the case may be, for fiscal
year 2021 by an amount equal to 5 percent of the State or
tribal family assistance grant, as the case may be.
(2) Applicability of certain provisions.--For purposes of
subsections (c) and (d) of section 409 of the Social Security
Act, paragraph (1) of this subsection shall be considered to be
included in section 409(a) of such Act.
(d) Definitions.--In this section:
(1) Applicable period.--The term ``applicable period''
means the period that begins on March 1, 2020, and ends with
the close of calendar year 2020.
(2) Work requirement.--The term ``work requirement'' means
a requirement to engage in a work activity (as defined in
section 407(d) of the Social Security Act).
(3) Other terms.--Each other term has the meaning given the
term in section 419 of the Social Security Act.
DIVISION G--HEALTH POLICIES
TITLE I--MEDICAID
SEC. 70101. INCREASING FEDERAL SUPPORT TO STATE MEDICAID PROGRAMS
DURING ECONOMIC DOWNTURNS.
(a) In General.--Section 1905 of the Social Security Act (42 U.S.C.
1396d) is amended--
(1) in subsection (b), by striking ``and (ff)'' and
inserting ``(ff), and (gg)''; and
(2) by adding at the end the following new subsection:
``(gg) Increased FMAP During Economic Downturns.--
``(1) In general.--Notwithstanding subsection (b), (y), or
(z)(2), if a fiscal quarter that begins on or after January 1,
2020, is an economic downturn quarter (as defined in paragraph
(2)) with respect to a State, then the Federal medical
assistance percentage applicable to amounts expended by the
State for medical assistance for services furnished during such
quarter shall be increased in accordance with paragraphs (3)
and (4).
``(2) Economic downturn quarter.--
``(A) In general.--
``(i) In general.--In this subsection, the
term `economic downturn quarter' means, with
respect to a State, a fiscal quarter during
which the State's unemployment rate for the
quarter exceeds the percentage determined for
the State and quarter under clause (ii).
``(ii) Threshold percentage.--The
percentage determined under this clause for a
State and fiscal quarter is the percentage
equal to the lower of--
``(I) the State unemployment rate
at the 20\th\ percentile of the
distribution of the State's quarterly
unemployment rates for the 60-quarter
period preceding the quarter involved,
increased by 1 percentage point; and
``(II) the State's average
quarterly unemployment rate for the 12-
quarter period preceding the quarter
involved, increased by 1 percentage
point.
``(B) Unemployment data.--
``(i) In general.--Except as provided in
clause (ii), for purposes of determining
unemployment rates for a State and a quarter
under this paragraph, the Secretary shall use
data from the Local Area Unemployment
Statistics from the Bureau of Labor Statistics.
``(ii) Application to certain
territories.--In the case of the Virgin
Islands, Guam, the Northern Mariana Islands, or
American Samoa, the Secretary shall use data
from the U-6 unemployment measure of the Bureau
of Labor Statistics to make any necessary
determinations under subparagraph (A).
``(3) FMAP increase during economic downturn quarter.--
``(A) In general.--During a fiscal quarter that is
an economic downturn quarter with respect to a State,
the Federal medical assistance percentage otherwise
determined for the State and quarter under subsection
(b) and, if applicable, the Federal medical assistance
percentage applicable under subsection (y), (z)(2), or
(ff) with respect to medical assistance furnished by
the State during such quarter to individuals described
in either such subsection shall be increased by the
number of percentage points (rounded to the nearest
tenth of a percentage point) equal to the product of--
``(i) the number of percentage points
(rounded to the nearest tenth of a percentage
point) by which the unemployment rate for the
State and quarter exceeds the percentage
determined for the State and quarter under
paragraph (2)(A)(ii); and
``(ii) 4.8.
``(B) Application of covid-19 fmap increase.--Any
increase applicable to the Federal medical assistance
percentage of a State for a fiscal quarter under
subparagraph (A) shall be in addition to any increase
to such percentage for such quarter made pursuant to
section 6008(a) of the Families First Coronavirus
Response Act.
``(C) Limitation.--In no case shall an increase to
the Federal medical assistance percentage of a State
under this paragraph result in a Federal medical
assistance percentage that exceeds 95 percent.
``(D) Scope of application.--Any increase to the
Federal medical assistance percentage of a State for a
fiscal quarter under this paragraph shall only apply
with respect to payments for amounts expended by the
State for medical assistance for services furnished
during such quarter and shall not apply with respect
to--
``(i) disproportionate share hospital
payments described in section 1923;
``(ii) payments under title IV or XXI;
``(iii) any payments under this title that
are based on the enhanced FMAP described in
section 2105(b); or
``(iv) any payments under this title that
are based on a Federal medical assistance
percentage determined for a State under
subsection (aa) (but only to the extent that
such Federal medical assistance percentage is
higher than the economic recovery FMAP).
``(4) Advance payment; retrospective adjustment.--
``(A) In general.--Prior to the beginning of each
fiscal quarter that begins on or after July 1, 2020,
the Secretary shall, with respect to each State--
``(i) determine the increase (if any) that
is expected to apply to the Federal medical
assistance percentage of such State for such
quarter under this subsection based on the
projections made for the State and quarter
under subparagraph (B); and
``(ii) shall apply such increase to the
Federal medical assistance percentage of the
State for purposes of making payments to the
State for amounts expended during such quarter
as medical assistance under the State plan.
``(B) Projection of state unemployment rates.--
Prior to the beginning of each fiscal quarter that
begins on or after July 1, 2020, the Secretary, acting
through the Chief Actuary of the Centers for Medicare &
Medicaid Services, shall, using the most recently
available data described in paragraph (2)(B), make
projections with respect to--
``(i) the unemployment rates for each State
for such quarter;
``(ii) the threshold percentages described
in paragraph (2)(A)(ii) for each State for such
quarter; and
``(iii) the national unemployment rate for
such quarter.
``(C) Retrospective adjustment.--As soon as
practicable after final unemployment data becomes
available for a fiscal quarter that begins on or after
July 1, 2020, the Secretary shall, with respect to each
State--
``(i) make a final determination of the
increase (if any) applicable to the Federal
medical assistance percentage of the State for
the quarter under this subsection; and
``(ii) in accordance with subsection (d)(2)
of section 1903, reduce or increase the amount
payable to the State under subsection (a) of
such section for a subsequent fiscal quarter to
the extent of any overpayment or underpayment
which the Secretary determines was made as a
result of a miscalculation of the increase
applicable to the Federal medical assistance
percentage of the State for such prior fiscal
quarter under this subsection.
``(5) Retrospective application of over-the-limit fmap
increases.--
``(A) In general.--If a State has excess percentage
points with respect to an economic downturn quarter and
an applicable FMAP (as determined under subparagraph
(B)), the State may elect to apply such excess
percentage points to increase such applicable FMAP for
one or more quarters during the look-back period for
the State and economic downturn quarter in accordance
with this paragraph.
``(B) Excess percentage points.--For purposes of
this paragraph, the number of excess percentage points
for a State, economic downturn quarter, and an
applicable FMAP shall be equal to the number of
percentage points by which--
``(i) the applicable FMAP for the State and
quarter (after application of paragraph (3) but
without regard to subparagraph (C) of such
paragraph); exceeds
``(ii) 95 percent.
``(C) Effect of application of excess percentage
points.--If a State elects to apply excess percentage
points to an applicable FMAP to a quarter during a
look-back period under this paragraph, the Secretary
shall determine the additional amount of payment under
section 1903(a) to which the State would have been
entitled for such quarter if the applicable FMAP (as so
increased) had been in effect for such quarter, and
shall treat such additional amount as an underpayment
for such quarter.
``(D) Distribution of excess percentage points.--A
State that has excess percentage points with respect to
an economic downturn quarter and applicable FMAP may
elect to divide such points among more than 1 quarter
during the look-back period for such State and quarter
provided that no excess percentage point (or fraction
of an excess percentage point) is applied to the
applicable FMAP of more than 1 quarter.
``(E) Limitations.--
``(i) No increases over 100 percent.--A
State may not increase an applicable FMAP for
any quarter during a look-back period under
this paragraph if such increase would result in
the applicable FMAP for such quarter exceeding
100 percent.
``(ii) Scope of application.--Any increase
to an applicable FMAP of a State for a fiscal
quarter under this paragraph--
``(I) shall only apply with respect
to payments for amounts expended by the
State for medical assistance for
services furnished during such quarter
to which such applicable FMAP is
applicable; and
``(II) shall not apply with respect
to payments described in paragraph
(3)(D).
``(F) Definitions.--In this paragraph:
``(i) Applicable fmap.--The term
`applicable FMAP' means, with respect to a
State and fiscal quarter--
``(I) the Federal medical
assistance percentage determined for
the State and quarter under subsection
(b);
``(II) the Federal medical
assistance percentage applicable under
subsection (y);
``(III) the Federal medical
assistance percentage applicable under
subsection (z)(2); or
``(IV) the Federal medical
assistance percentage determined for
the State and quarter under subsection
(ff).
``(ii) Look-back period.--The term `look-
back period' means, with respect to a State and
a fiscal quarter that is an economic downturn
quarter for the State, the period of 4 fiscal
quarters that ends with the fourth quarter
which precedes the most recent fiscal quarters
that was not an economic downturn quarter for
the State.
``(6) Requirement for all states.--A State may not receive
an increase in the Federal medical assistance percentage for
such State under this subsection, with respect to a fiscal
quarter, if--
``(A) eligibility standards, methodologies, or
procedures under the State plan or a waiver of such
plan are more restrictive during such quarter than the
eligibility standards, methodologies, or procedures,
respectively, under such plan (or waiver) as in effect
on the last day of the most recent fiscal quarter that
was not an economic downturn quarter for the State;
``(B) the amount of any premium imposed by the
State pursuant to section 1916 or 1916A during such
quarter, with respect to an individual enrolled under
such plan (or waiver), exceeds the amount of such
premium as of the date described in subparagraph (A);
or
``(C) the State fails to provide that an individual
who is enrolled for benefits under such plan (or
waiver) as of the date described in subparagraph (A) or
enrolls for benefits under such plan (or waiver) during
the period beginning with such date and ending with the
day before the first day of the next quarter that is
not an economic downturn quarter for the State shall be
treated as eligible for such benefits for not less than
12 months (or, if such period is less than 12 months,
throughout such period) unless the individual requests
a voluntary termination of eligibility or the
individual ceases to be a resident of the State.''.
(b) Exclusion of Economic Downturn FMAP Increases From Territorial
Caps.--Section 1108 of the Social Security Act (42 U.S.C. 1308) is
amended--
(1) in subsection (f), in the matter preceding paragraph
(1), by striking ``subsection (g) and section 1935(e)(1)(B)''
and inserting ``subsections (g) and (h) and section
1935(e)(1)(B)''; and
(2) by adding at the end the following:
``(h) Exclusion From Caps of Amounts Attributable to Economic
Downturn FMAP.--The portion of any payment made to a territory for a
fiscal year that is attributable to an increase in the Federal medical
assistance percentage for a fiscal quarter during such year under
section 1905(gg) shall not be taken into account for purposes of
applying payment limits under subsections (f) and (g).''.
SEC. 70102. LIMITATION ON ADDITIONAL SECRETARIAL ACTION WITH RESPECT TO
MEDICAID SUPPLEMENTAL PAYMENTS REPORTING REQUIREMENTS.
(a) In General.--Notwithstanding any other provision of law, during
the period that begins on the date of enactment of this section and
ends the date that is 2 years after the last day of the emergency
period defined in paragraph (1)(B) of section 1135(g) of the Social
Security Act (42 U.S.C. 1320b-5(g)), the Secretary of Health and Human
Services shall not take any action (through promulgation of regulation,
issue of regulatory guidance, or otherwise) to--
(1) finalize or otherwise implement provisions contained in
the proposed rule published on November 18, 2019, on pages
63722 through 63785 of volume 84, Federal Register (relating to
parts 430, 433, 447, 455, and 457 of title 42, Code of Federal
Regulations); or
(2) promulgate or implement any rule or provision similar
to the provisions described in paragraph (1) pertaining to the
Medicaid program established under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) or the State Children's
Health Insurance Program established under title XXI of such
Act (42 U.S.C. 1397aa et seq.).
(b) Continuation of Other Secretarial Authority.--Nothing in this
section shall be construed as prohibiting the Secretary during the
period described in subsection (a) from taking any action (through
promulgation of regulation, issuance of regulatory guidance, or other
administrative action) to enforce a provision of law in effect as of
the date of enactment of this section with respect to the Medicaid
program established under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) or the State Children's Health Insurance Program
established under title XXI of such Act (42 U.S.C. 1397aa et seq.), or
to promulgate or implement a new rule or provision during such period
with respect to such programs, other than a rule or provision described
in subsection (a) and subject to the prohibition set forth in that
subsection.
SEC. 70103. AUTHORITY TO AWARD MEDICAID HCBS GRANTS TO RESPOND TO THE
COVID-19 PUBLIC HEALTH EMERGENCY.
(a) In General.--The Secretary is authorized to award grants to
States in accordance with this section to enhance access to home and
community-based services during the COVID-19 public health emergency
period.
(b) Definitions.--In this section:
(1) COVID-19 public health emergency period.--The term
``COVID-19 public health emergency period'' means the portion
of the emergency period defined in paragraph (1)(B) of section
1135(g) of the Social Security Act (42 U.S.C. 1320b-5(g))
beginning on or after the date of the enactment of this Act.
(2) Eligible individual.--The term ``eligible individual''
means an individual who is eligible for or enrolled for medical
assistance under a State Medicaid program.
(3) Home and community-based services.--The term ``home and
community-based services'' means, with respect to a State
Medicaid program, home and community-based services (including
home health and personal care services) that are provided under
the State's qualified HCBS program or that could be provided
under such a program but are otherwise provided under the
Medicaid program.
(4) Indian tribe.--The term ``Indian tribe'' means an
Indian tribe, a tribal organization, or an urban Indian
organization (as such terms are defined in section 4 of the
Indian Health Care Improvement Act (25 U.S.C. 1603)), and
includes a tribal consortium of Indian tribes or tribal
organizations (as so defined).
(5) Medicaid program.--The term ``Medicaid program'' means,
with respect to a State, the State program under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.) (including any
waiver or demonstration under such title or under section 1115
of such Act (42 U.S.C. 1315) relating to such title).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(7) State.--The term ``State'' has the meaning given such
term for purposes of title XIX of the Social Security Act (42
U.S.C. 1396 et seq.).
(8) Qualified hcbs program.--The term ``qualified HCBS
program'' means a program providing home and community-based
services operating under a State Medicaid program, whether or
not operating under waiver authority.
(c) Grants to States.--
(1) In general.--During the COVID-19 public health
emergency period, the Secretary may award grants to States with
applications meeting the requirements of paragraph (2).
(2) Application requirements.--A State seeking a grant
under this section shall submit an application to the Secretary
at such time, in such form and manner, and containing such
information as the Secretary shall require.
(3) Limitations.--
(A) Termination of authority.--The Secretary shall
not award any grants under this section with respect to
a State that submits an application after the date that
is 60 days after the end of the COVID-19 public health
emergency period.
(B) Use of funds.--A State to which a grant is made
under this section shall only use grant funds in
accordance with subsection (d).
(C) Maintenance of state effort.--Federal funds
paid to a State pursuant to this section must be used
to supplement, but not supplant, the level of State
funds expended for home and community-based services
for eligible individuals programs in effect for such
individuals at the time the grant is awarded under this
section.
(4) Monthly grant payment amounts.--
(A) In general.--Subject to paragraph (5), the
Secretary shall pay to each State that is awarded a
grant under this section, for each month during the
State's grant period (as defined in subparagraph (C)),
an amount equal to 15 percent of the amount determined
for the State under subparagraph (B).
(B) Average monthly hcbs expenditures.--The amount
determined for a State under this subparagraph is the
amount equal to--
(i) the sum of--
(I) the average annual amount of
State expenditures under title XIX of
the Social Security Act (42 U.S.C. 1396
et seq.) that are attributable to
providing medical assistance for home
and community-based services for the 3
most recent fiscal years for which data
is available; and
(II) the average annual amount, if
any, received by the State pursuant to
an MFP demonstration project conducted
under section 6071 of the Deficit
Reduction Act of 2005 (42 U.S.C. 1396a
note) for the 3 most recent fiscal
years for which data is available;
divided by
(ii) 12.
(C) Grant period defined.--In this paragraph, the
term ``grant period'' means, with respect to a State,
the period of months--
(i) beginning with the month in which the
Secretary approves the State's application for
a grant under this section; and
(ii) ending with the 12th month that begins
after the end of the COVID-19 public health
emergency period.
(5) Grants to indian tribes.--
(A) In general.--During the COVID-19 public health
emergency period, the Secretary may award grants to an
Indian tribe in the same manner, and subject to the
same requirements, as apply to a State, except as
otherwise provided in this paragraph.
(B) Application.--Any Indian tribe seeking a grant
under this section shall submit to the Secretary an
application that includes (in addition to any other
information the Secretary shall require) an
identification of the population and service area or
areas to be served by the activities and programs that
will be funded by the grant.
(C) Monthly grant payment amounts.--
(i) In general.--The Secretary shall pay to
each Indian tribe that is awarded a grant under
this section, for each month during the tribe's
grant period (as defined in clause (iii)), an
amount equal to 15 percent of the amount
determined for the tribe under clause (ii).
(ii) Tribal share of monthly hcbs
expenditures.--The amount determined for an
Indian tribe under this clause is equal to
the--
(I) the total of the average annual
amount of State expenditures made by a
State or States under title XIX of the
Social Security Act (42 U.S.C. 1396 et
seq.) that are attributable to
providing medical assistance for home
and community-based services to
eligible individuals who reside in the
service area or areas identified by the
tribe pursuant to subparagraph (B) for
the 3 most recent fiscal years for
which data is available; divided by
(II) 12.
(iii) Grant period.--The term ``grant
period'' has the same meaning with respect to
an Indian tribe as the term has with respect to
a State under paragraph (4)(C).
(D) Reduction of state grant amounts.--If any State
in which lies a service area or areas identified by an
Indian tribe in a successful grant application pursuant
to subparagraph (B) is also awarded a grant under this
section, the Secretary shall reduce the amount payable
to such State each month under paragraph (4) by the
portion of the amount payable to the Indian tribe under
this paragraph that is attributable to expenditures by
the State.
(d) Permissible Uses of Funds.--
(1) In general.--A State to which a grant is made under
this section may use grant funds--
(A) to work with community partners such as Area
Agencies on Aging, Independent Living Centers, non-
profit home and community based service providers, and
other entities providing home and community-based
services;
(B) during the COVID-19 public health emergency
period, for the purposes described in paragraph (2);
and
(C) after the end of such period, for the purposes
described in paragraph (3).
(2) Permissible uses during the emergency period.--The
purposes described in this paragraph for which a State may use
grant funds awarded under this section are the following:
(A) To increase rates for home health and direct
service worker agencies to provide home and community-
based services under the State Medicaid program,
provided that any agency or individual that receives
payment under such an increased rate increases the
compensation it pays its home health or direct service
workers.
(B) To provide paid sick leave, paid family leave,
and paid medical leave for home health workers and
direct service workers.
(C) To provide hazard pay, overtime pay, and shift
differential pay for home health workers and direct
service workers.
(D) To provide home and community-based services to
eligible individuals who are on waiting lists for
programs approved under sections 1115 or 1915 of the
Social Security Act (42 U.S.C. 1315, 1396n).
(E) To purchase emergency supplies and equipment
necessary to enhance access to services and to protect
the health and well-being of home health workers and
direct service workers.
(F) To pay for home health worker and direct
service worker travel to conduct home and community-
based services.
(G) To recruit new direct service workers and home
health workers.
(H) To support family care providers of eligible
individuals with needed supplies and equipment and pay.
(I) To pay for training for direct service workers
and home health workers that is specific to the COVID-
19 public health emergency.
(J) To pay for assistive technologies, staffing,
and other costs incurred during the public health
emergency in order to facility community integration
and ensure an individual's person-centered service plan
continue to be fully implemented.
(K) To support direct service workers and home
health workers going to nursing facilities, hospitals,
institutions, and quarantine settings to provide
services to eligible individuals who usually receive
home and community-based services and have chosen to
temporarily move to a more restrictive setting.
(L) To prepare information and public health and
educational materials in accessible formats about
prevention, treatment, recovery and other aspects of
COVID-19 for eligible individuals, their families, and
the general community served by home health and direct
service agencies, including formats accessible to
people with low literacy or intellectual disabilities.
(M) To pay for American sign language interpreters
to assist in providing home and community-based
services to eligible individuals and to inform the
general public about COVID-19.
(N) To allow for day service providers to shift to
providing home-based services.
(O) To pay for COVID-19 testing in home settings.
(P) To pay for other expenses deemed appropriate by
the Secretary and which meet the criteria of the home
and community-based settings rule.
(3) Permissible uses after the emergency period.--The
purpose described in this paragraph for which a State may use
grant funds awarded under this section is to assist eligible
individuals who had to relocate to a nursing facility or
institutional setting from their homes during the COVID-19
public health emergency period in--
(A) moving back to their homes (including by paying
for moving costs);
(B) resuming home and community-based services;
(C) receiving mental health services and necessary
rehabilitative service to regain skills lost while
relocated during the public health emergency period;
and
(D) continuing home and community-based services
for eligible individuals who were served from a waiting
list for such services during the public health
emergency period.
(e) Reporting Requirements.--
(1) State reporting requirements.--Not later than 18 months
after the end of the COVID-19 public health emergency period,
any State that received a grant under this section shall submit
a report to the Secretary that contains the following
information:
(A) Activities and programs that were funded using
grant amounts.
(B) The number of eligible individuals who were
served by such activities and programs.
(C) The number of eligible individuals who were
able to resume home and community-based services as a
result of such activities and programs.
(2) HHS report.--Not later than 18 months after the end of
the COVID-19 public health emergency period, the Secretary
shall issue a public summary of the grants awarded under this
section.
(f) Appropriation.--
(1) In general.--Subject to paragraph (2), there are
appropriated for fiscal year 2020 from any funds in the
Treasury not otherwise appropriated such sums as are necessary
to carry out this section, to remain available until expended.
(2) Availability of appropriations.--Amounts made available
under paragraph (1) shall not be available for the awarding of
grants to States that do not submit an application for such a
grant before the date described in subsection (c)(3)(A).
(3) Unused grant funds.--A State that receives a grant
under this section shall return to the Secretary any portion of
such grant that is unused as of the date that is 1 year after
the last day of the COVID-19 public health emergency period,
and such returned portion shall revert to the Treasury.
(g) 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 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:
``(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 plan of
services and supports (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; and
``(D) designed to ensure smooth transitions between acute
care settings and home and community-based settings, and to
preserve the individual's functions.''.
SEC. 70104. DELAY IN REDUCTION OF FMAP FOR MEDICAID PERSONAL CARE
SERVICES FURNISHED WITHOUT AN ELECTRONIC VISIT
VERIFICATION SYSTEM.
Section 1903(l) of the Social Security Act (42 U.S.C. 1396b(l)) is
amended--
(1) in paragraph (1)--
(A) by striking ``January 1, 2020'' and inserting
``the date that is 6 months after the end of the
emergency period described in section 1135(g)(1)(B)'';
and
(B) in subparagraph (A), by inserting ``(if
applicable)'' after ``percentage points'' each place it
appears; and
(2) in paragraph (4)(A)(i), by inserting before the
semicolon the following: ``(if applicable) or for calendar
quarters occurring during the period beginning on the date that
is 6 months after the end of the emergency period described in
section 1135(g)(1)(B) and ending on the date that is 1 year
after the end of such period''.
SEC. 70105. COVERAGE AT NO COST SHARING OF COVID-19 VACCINE AND
TREATMENT.
(a) Medicaid.--
(1) In general.--Section 1905(a)(4) of the Social Security
Act (42 U.S.C. 1396d(a)(4)) is amended--
(A) by striking ``and (D)'' and inserting ``(D)'';
and
(B) by striking the semicolon at the end and
inserting ``; (E) a COVID-19 vaccine licensed under
section 351 of the Public Health Service Act and the
administration of such vaccine; and (F) items and
services furnished for the treatment of COVID-19 or a
condition that may complicate the treatment of COVID-
19;''.
(2) Prohibition of cost sharing.--
(A) In general.--Subsections (a)(2) and (b)(2) of
section 1916 of the Social Security Act (42 U.S.C.
1396o), as amended by section 6004(a)(2)(A) of the
Families First Coronavirus Response Act, are each
amended--
(i) in subparagraph (F), by striking ``or''
at the end;
(ii) in subparagraph (G), by striking ``;
and'' and inserting ``, or''; and
(iii) by adding at the end the following
subparagraphs:
``(H) a COVID-19 vaccine licensed under section 351
of the Public Health Service Act and the administration
of such vaccine, or
``(I) any item or service furnished for the
treatment of COVID-19 or a condition that may
complicate the treatment of COVID-19; and''.
(B) Application to alternative cost sharing.--
Section 1916A(b)(3)(B) of the Social Security Act (42
U.S.C. 1396o-1(b)(3)(B)), as amended by section
6004(a)(2)(B) of the Families First Coronavirus
Response Act, is amended--
(i) in clause (xi), by striking ``any
visit'' and inserting ``any service''; and
(ii) by adding at the end the following
clauses:
``(xii) A COVID-19 vaccine licensed under
section 351 of the Public Health Service Act
and the administration of such vaccine.
``(xiii) An item or service furnished for
the treatment of COVID-19 or a condition that
may complicate the treatment of COVID-19.''.
(C) Clarification.--The amendments made this
subsection shall apply with respect to a State plan of
a territory in the same manner as a State plan of one
of the 50 States.
(b) State Pediatric Vaccine Distribution Program.--Section 1928 of
the Social Security Act (42 U.S.C. 1396s) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following
subparagraph:
``(C) each vaccine-eligible child (as defined in
subsection (b)) is entitled to receive a COVID-19
vaccine from a program-registered provider (as defined
in subsection (h)(8)) without charge for--
``(i) the cost of such vaccine; or
``(ii) the administration of such
vaccine.'';
(2) in subsection (c)(2)--
(A) in subparagraph (C)(ii), by inserting ``, but
may not impose a fee for the administration of a COVID-
19 vaccine'' before the period; and
(B) by adding at the end the following
subparagraph:
``(D) The provider will provide and administer an
approved COVID-19 vaccine to a vaccine-eligible child
in accordance with the same requirements as apply under
the preceding subparagraphs to the provision and
administration of a qualified pediatric vaccine to such
a child.''; and
(3) in subsection (d)(1), in the first sentence, by
inserting ``, including with respect to a COVID-19 vaccine
licensed under section 351 of the Public Health Service Act''
before the period.
(c) CHIP.--
(1) In general.--Section 2103(c) of the Social Security Act
(42 U.S.C. 1397cc(c)), as amended by section 6004(b)(1) of the
Families First Coronavirus Response Act, is amended by adding
at the end the following paragraph:
``(11) Coverage of covid-19 vaccines and treatment.--The
child health assistance provided to a targeted low-income child
shall include coverage of--
``(A) any COVID-19 vaccine licensed under section
351 of the Public Health Service Act and the
administration of such vaccine; and
``(B) any item or service furnished for the
treatment of COVID-19 or a condition that may
complicate the treatment of COVID-19.''.
(2) Prohibition of cost sharing.--Section 2103(e)(2) of the
Social Security Act (42 U.S.C. 1397cc(e)(2)), as amended by
section 6004(b)(3) of the Families First Coronavirus Response
Act, is amended--
(A) in the paragraph header, by inserting ``a
covid-19 vaccine, covid-19 treatment,'' before ``or
pregnancy-related assistance''; and
(B) by striking ``visits described in section
1916(a)(2)(G), or'' and inserting ``services described
in section 1916(a)(2)(G), vaccines described in section
1916(a)(2)(H), items or services described in section
1916(a)(2)(I), or''.
(d) Conforming Amendments.--Section 1937 of the Social Security Act
(42 U.S.C. 1396u-7) is amended--
(1) in subsection (a)(1)(B), by inserting ``, under
subclause (XXIII) of section 1902(a)(10)(A)(ii),'' after
``section 1902(a)(10)(A)(i)''; and
(2) in subsection (b)(5), by adding before the period the
following: ``, and, effective on the date of the enactment of
the Take Responsibility for Workers and Families Act, must
comply with subparagraphs (F) through (I) of subsections (a)(2)
and (b)(2) of sections 1916 and 1916A''.
(e) 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).
SEC. 70106. OPTIONAL COVERAGE AT NO COST SHARING OF COVID-19 TREATMENT
AND VACCINES UNDER MEDICAID FOR UNINSURED INDIVIDUALS.
(a) In General.--Section 1902(a)(10) of the Social Security Act (42
U.S.C. 1396a(a)(10) is amended, in the matter following subparagraph
(G), by striking ``and any visit described in section 1916(a)(2)(G)''
and inserting the following: ``, any COVID-19 vaccine that is
administered during any such portion (and the administration of such
vaccine), any item or service that is furnished during any such portion
for the treatment of COVID-19 or a condition that may complicate the
treatment of COVID-19, and any services described in section
1916(a)(2)(G)''.
(b) Definition of Uninsured Individual.--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 to read as follows:
``(ss) Uninsured Individual Defined.--For purposes of this section,
the term `uninsured individual' means, notwithstanding any other
provision of this title, any individual who is not covered by minimum
essential coverage (as defined in section 5000A(f)(1) of the Internal
Revenue Code of 1986).''.
(c) Clarification Regarding Emergency Services for Certain
Individuals.--Section 1903(v)(2) of the Social Security Act (42 U.S.C.
1396b(v)(2)) is amended by adding at the end the following flush
sentence:
``For purposes of subparagraph (A), care and services described
in such subparagraph include any in vitro diagnostic product
described in section 1905(a)(3)(B) that is administered during
any portion of the emergency period described in such section
beginning on or after the date of the enactment of this
sentence (and the administration of such product), any COVID-19
vaccine that is administered during any such portion (and the
administration of such vaccine), any item or service that is
furnished during any such portion for the treatment of COVID-19
or a condition that may complicate the treatment of COVID-19,
and any services described in section 1916(a)(2)(G).''.
(d) Inclusion of COVID-19 Concern as an Emergency Condition.--
Section 1903(v)(3) of the Social Security Act (42 U.S.C. 1396b(v)(3))
is amended by adding at the end the following flush sentence:
``Such term includes any indication that an alien described in
paragraph (1) may have contracted COVID-19.''.
SEC. 70107. TEMPORARY INCREASE IN MEDICAID FEDERAL FINANCIAL
PARTICIPATION FOR TELEHEALTH SERVICES.
(a) In General.--Subject to subsection (b), for each calendar
quarter occurring during the period beginning on the first day of the
emergency period defined in paragraph (1)(B) of section 1135(g) of the
Social Security Act (42 U.S.C. 1320b-5(g)) and ending on the last day
of the calendar quarter in which the last day of such emergency period
occurs, in the case of a State that has expenditures for telehealth
services furnished during such quarter for which payment may be made to
the State under section 1903(a) of the Social Security Act (42 U.S.C.
1396b(a)), the percentage of Federal financial participation otherwise
required to be paid to such State under such section for such amounts
expended shall be increased by one percentage point.
(b) Requirements.--A State described in subsection (a) may not
receive the percentage increase in Federal financial participation
described in such subsection with respect to a calendar quarter unless
the State provides for telehealth services under the State plan
approved under such title XIX (or a waiver of such plan) during such
quarter in the same manner and to the same extent that telehealth
services are covered under section 1834(m) of the Social Security Act
(42 U.S.C. 1395m(m)), including pursuant to any waiver under section
1135 of such Act (42 U.S.C. 1320b-5). Nothing in the preceding sentence
shall be construed as requiring a State to pay for telehealth services
furnished to an individual eligible under the State plan (or waiver) at
a rate that would exceed the payment amount that otherwise would be
made under the State plan (or waiver) for such services.
SEC. 70108. EXTENSION OF FULL FEDERAL MEDICAL ASSISTANCE PERCENTAGE TO
INDIAN HEALTH CARE PROVIDERS.
Section 1905 of the Social Security Act (42 U.S.C. 1396d) is
amended--
(1) in subsection (a)(9), by inserting ``and including such
services furnished in any location by or through an Indian
health care provider (as defined in section 1932(h)(4)(A))''
before the semicolon; and
(2) in subsection (b)--
(A) by inserting ``(whether or not such services
are provided within such a facility)'' following
``received through an Indian Health Service
facility,''; and
(B) by striking ``Indian Health Care Improvement
Act)'' and inserting ``Indian Health Care Improvement
Act), or through an Urban Indian organization (as
defined in section 4 of the Indian Health Care
Improvement Act) pursuant to a grant or contract with
the Indian Health Service under title V of the Indian
Health Care Improvement Act''.
SEC. 70109. MEDICAID COVERAGE FOR CITIZENS OF FREELY ASSOCIATED STATES.
(a) In General.--Section 402(b)(2) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2))
is amended by adding at the end the following new subparagraph:
``(G) Medicaid exception for citizens of freely
associated states.--With respect to eligibility for
benefits for the designated Federal program defined in
paragraph (3)(C) (relating to the Medicaid program),
section 401(a) and paragraph (1) shall not apply to any
individual who lawfully resides in 1 of the 50 States
or the District of Columbia in accordance with the
Compacts of Free Association between the Government of
the United States and the Governments of the Federated
States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau and shall not apply,
at the option of the Governor of Puerto Rico, the
Virgin Islands, Guam, the Northern Mariana Islands, or
American Samoa as communicated to the Secretary of
Health and Human Services in writing, to any individual
who lawfully resides in the respective territory in
accordance with such Compacts.''.
(b) Exception to 5-Year Limited Eligibility.--Section 403(d) of
such Act (8 U.S.C. 1613(d)) is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) an individual described in section 402(b)(2)(G), but
only with respect to the designated Federal program defined in
section 402(b)(3)(C).''.
(c) Definition of Qualified Alien.--Section 431(b) of such Act (8
U.S.C. 1641(b)) is amended--
(1) in paragraph (6), by striking ``; or'' at the end and
inserting a comma;
(2) in paragraph (7), by striking the period at the end and
inserting ``, or''; and
(3) by adding at the end the following new paragraph:
``(8) an individual who lawfully resides in the United
States in accordance with a Compact of Free Association
referred to in section 402(b)(2)(G), but only with respect to
the designated Federal program defined in section 402(b)(3)(C)
(relating to the Medicaid program).''.
(d) Conforming Amendments.--Section 1108 of the Social Security Act
(42 U.S.C. 1308), as amended by section 101(b), is further amended--
(1) in subsection (f), in the matter preceding paragraph
(1), by striking ``subsections (g) and (h) and section
1935(e)(1)(B)'' and inserting ``subsections (g), (h), and (i)
and section 1935(e)(1)(B)''; and
(2) by adding at the end the following:
``(i) Exclusion of Medical Assistance Expenditures for Citizens of
Freely Associated States.--Expenditures for medical assistance provided
to an individual described in section 431(b)(8) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1641(b)(8)) shall not be taken into account for purposes of
applying payment limits under subsections (f) and (g).''.
(e) Effective Date.--The amendments made by this section shall
apply to benefits for items and services furnished on or after the date
of the enactment of this Act.
SEC. 70110. INCREASED FMAP FOR MEDICAL ASSISTANCE TO NEWLY ELIGIBLE
INDIVIDUALS.
(a) In General.--Section 1905(y)(1) of the Social Security Act (42
U.S.C. 1396d(y)(1)) is amended--
(1) in subparagraph (A), by striking ``2014, 2015, and
2016'' and inserting ``each of the first 3 consecutive 12-month
periods in which the State provides medical assistance to newly
eligible individuals'';
(2) in subparagraph (B), by striking ``2017'' and inserting
``the fourth consecutive 12-month period in which the State
provides medical assistance to newly eligible individuals'';
(3) in subparagraph (C), by striking ``2018'' and inserting
``the fifth consecutive 12-month period in which the State
provides medical assistance to newly eligible individuals'';
(4) in subparagraph (D), by striking ``2019'' and inserting
``the sixth consecutive 12-month period in which the State
provides medical assistance to newly eligible individuals'';
and
(5) in subparagraph (E), by striking ``2020 and each year
thereafter'' and inserting ``the seventh consecutive 12-month
period in which the State provides medical assistance to newly
eligible individuals and each such period thereafter''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the Patient Protection
and Affordable Care Act.
SEC. 70111. RENEWAL OF APPLICATION OF MEDICARE PAYMENT RATE FLOOR TO
PRIMARY CARE SERVICES FURNISHED UNDER MEDICAID AND
INCLUSION OF ADDITIONAL PROVIDERS.
(a) Renewal of Payment Floor; Additional Providers.--
(1) In general.--Section 1902(a)(13) of the Social Security
Act (42 U.S.C. 1396a(a)(13)) is amended by striking
subparagraph (C) and inserting the following:
``(C) payment for primary care services (as defined
in subsection (jj)) at a rate that is not less than 100
percent of the payment rate that applies to such
services and physician under part B of title XVIII (or,
if greater, the payment rate that would be applicable
under such part if the conversion factor under section
1848(d) for the year involved were the conversion
factor under such section for 2009), and that is not
less than the rate that would otherwise apply to such
services under this title if the rate were determined
without regard to this subparagraph, and that are--
``(i) furnished in 2013 and 2014, by a
physician with a primary specialty designation
of family medicine, general internal medicine,
or pediatric medicine; or
``(ii) furnished during the period
beginning on the first day of the first month
beginning after the date of the enactment of
the Take Responsibility for Workers and
Families Act and ending on the last day of the
calendar quarter during which the last day of
the emergency period described in section
1135(g)(1)(B) occurs--
``(I) by a physician with a primary
specialty designation of family
medicine, general internal medicine,
pediatric medicine, or obstetrics and
gynecology, but only if the physician
self-attests that the physician is
board-certified in family medicine,
general internal medicine, pediatric
medicine, or obstetrics and gynecology,
respectively;
``(II) by a physician with a
primary specialty designation of a
family medicine subspecialty, an
internal medicine subspecialty, a
pediatric subspecialty, or a
subspecialty of obstetrics and
gynecology, without regard to the board
that offers the designation for such a
subspecialty, but only if the physician
self-attests that the physician is
board-certified in such a subspecialty;
``(III) by an advanced practice
clinician, as defined by the Secretary,
that works under the supervision of--
``(aa) a physician
described in subclause (I) or
(II); or
``(bb) a nurse practitioner
or a physician assistant (as
such terms are defined in
section 1861(aa)(5)(A)) who is
working in accordance with
State law, or a certified
nurse-midwife (as defined in
section 1861(gg)(2)) who is
working in accordance with
State law;
``(IV) by a rural health clinic,
Federally-qualified health center, or
other health clinic that receives
reimbursement on a fee schedule
applicable to a physician described in
subclause (I) or (II), an advanced
practice clinician described in
subclause (III), or a nurse
practitioner, physician assistant, or
certified nurse-midwife described in
subclause (III)(bb), for services
furnished by--
``(aa) such a physician,
nurse practitioner, physician
assistant, or certified nurse-
midwife, respectively; or
``(bb) an advanced practice
clinician supervised by such a
physician, nurse practitioner,
physician assistant, or
certified nurse-midwife; or
``(V) by a nurse practitioner,
physician assistant, or certified
nurse-midwife described in subclause
(III)(bb), in accordance with
procedures that ensure that the portion
of the payment for such services that
the nurse practitioner, physician
assistant, or certified nurse-midwife
is paid is not less than the amount
that the nurse practitioner, physician
assistant, or certified nurse-midwife
would be paid if the services were
provided under part B of title
XVIII;''.
(2) Conforming amendments.--Section 1905(dd) of the Social
Security Act (42 U.S.C. 1396d(dd)) is amended--
(A) by striking ``Notwithstanding'' and inserting
the following:
``(1) In general.--Notwithstanding'';
(B) by inserting ``or furnished during the
additional period specified in paragraph (2),'' after
``2015,''; and
(C) by adding at the end the following:
``(2) Additional period.--For purposes of paragraph (1),
the additional period specified in this paragraph is the period
with respect to which section 1902(a)(13)(C)(ii) applies.''.
(b) Improved Targeting of Primary Care.--Section 1902(jj) of the
Social Security Act (42 U.S.C. 1396a(jj)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and moving the margin
of each such subparagraph, as so redesignated, 2 ems to the
right;
(2) by striking ``For purposes of'' and inserting the
following:
``(1) In general.--For purposes of''; and
(3) by adding at the end the following:
``(2) Exclusions.--Such term does not include any services
described in subparagraph (A) or (B) of paragraph (1) if such
services are provided in an emergency department of a hospital
during the period described in subsection (a)(13)(C)(ii).''.
(c) Ensuring Payment by Managed Care Entities.--
(1) In general.--Section 1903(m)(2)(A) of the Social
Security Act (42 U.S.C. 1396b(m)(2)(A)) is amended--
(A) in clause (xii), by striking ``and'' after the
semicolon;
(B) in clause (xiii)--
(i) by moving the margin of such clause 2
ems to the left; and
(ii) by striking the period at the end and
inserting ``; and''; and
(C) by inserting after clause (xiii) the following:
``(xiv) such contract provides that (I) payments to health
care providers specified in section 1902(a)(13)(C) for
furnishing primary care services defined in section 1902(jj)
during a year or period specified in section 1902(a)(13)(C) are
at least equal to the amounts set forth and required by the
Secretary by regulation, (II) the entity shall, upon request,
provide documentation to the State that is sufficient to enable
the State and the Secretary to ensure compliance with subclause
(I), and (III) the Secretary shall approve payments described
in subclause (I) that are furnished through an agreed-upon
capitation, partial capitation, or other value-based payment
arrangement if the agreed-upon capitation, partial capitation,
or other value-based payment arrangement is based on a
reasonable methodology and the entity provides documentation to
the State that is sufficient to enable the State and the
Secretary to ensure compliance with subclause (I).''.
(2) Conforming amendment.--Section 1932(f) of the Social
Security Act (42 U.S.C. 1396u-2(f)) is amended by inserting
``and clause (xiv) of section 1903(m)(2)(A)'' before the
period.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to contracts entered into on or after
the date of the enactment of this Act.
SEC. 70112. TEMPORARY INCREASE IN MEDICAID DSH ALLOTMENTS.
(a) In General.--Section 1923(f)(3) of the Social Security Act (42
U.S.C. 1396r-4(f)(3)) is amended--
(1) in subparagraph (A), by striking ``and subparagraph
(E)'' and inserting ``and subparagraphs (E) and (F)''; and
(2) by adding at the end the following new subparagraph:
``(F) Temporary increase in allotments during
certain public health emergency.--The DSH allotment for
any State is--
``(i) for fiscal year 2020, equal to 102.5
percent of the DSH allotment that would be
determined under this paragraph for the State
for fiscal year 2020 without application of
this subparagraph, notwithstanding
subparagraphs (B) and (C); and
``(ii) for a subsequent fiscal year (if
any) during which the emergency period defined
in paragraph (1)(B) of section 1135(g) of the
Social Security Act is in effect, equal to
102.5 percent of the DSH allotment determined
under this subparagraph for the State for the
previous fiscal year.
For each fiscal year after fiscal year 2020 during
which the emergency period described in clause (ii) is
not in effect, the DSH allotment for a State for such
fiscal year is equal to the DSH allotment that would
have been determined under this paragraph for such
fiscal year if this subparagraph had not been
enacted.''.
(b) Sense of Congress.--It is the sense of Congress that a State
should prioritize making payments under the State plan of the State
under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (or
a waiver of such plan) to disproportionate share hospitals that have a
higher share of COVID-19 patients relative to other such hospitals in
the State.
SEC. 70113. TEMPORARY ALLOWANCE FOR MEDICAL ASSISTANCE UNDER MEDICAID
FOR INMATES DURING 30-DAY PERIOD PRECEDING RELEASE.
The subdivision (A) following paragraph (30) of section 1905(a) of
the Social Security Act (42 U.S.C. 1396d(a)) is amended by inserting
``and except during the 30-day period preceding the date of release of
such individual from such public institution, but only if such 30-day
period occurs during the emergency period described in section
1135(g)(1)(B)'' after ``medical institution''.
SEC. 70114. EXTENSION OF EXISTING SECTION 1115 DEMONSTRATION PROJECTS.
(a) Applicability.--This section shall apply with respect to
demonstration projects operated by States pursuant to section 1115(a)
of the Social Security Act (42 U.S.C. 1315(a)) to promote the
objectives of title XIX or XXI of the Social Security Act with a
project term set to end on or before December 31, 2020.
(b) Approval of Extension.--Upon request by a State, the Secretary
of Health and Human Services shall approve an extension of the waiver
and expenditure authorities for a demonstration project described in
subsection (a) for a period up to and including December 31, 2021, to
ensure continuity of programs and funding during the emergency period
described in section 1135(g)(1)(B) of the Social Security Act (42
U.S.C. 42 U.S.C. 1320b-5(g)(1)(B)).
(c) Extension Terms and Conditions.--(1) The approval pursuant to
this section shall extend the terms and conditions that applied to the
demonstration project to the extension period. Financial terms and
conditions shall continue at levels equivalent to the prior
demonstration or program year. All demonstration program components
shall be extended to operate through ffthe end of the extension term.
In its request for an extension, the state shall identify operational
and programmatic changes necessary to continue and stabilize programs
into the extension period and shall work with the Secretary of Health
and Human Services to implement such changes.
(2) Notwithstanding the foregoing, the State may request,
and the Secretary of Health and Human Services may approve,
modifications to a demonstration project's terms and conditions
to address the impact of the federally designated public health
emergency with respect to COVID-19. Such modifications may, at
the option of the State, become effective retroactive to the
start of the calendar quarter in which the first day of the
emergency period described in paragraph (1)(B) of section
1135(g) of the Social Security Act 42 U.S.C. 42 U.S.C. 1320b-
5(g)) occurs.
(d) Budget Neutrality.--Budget neutrality for extensions under this
section shall be deemed to have been met at the conclusion of the
extension period, and States receiving extensions under this section
shall not be required to submit a budget neutrality analysis for the
extension period.
(e) Expedited Application Process.--The Federal and State public
notice and comment procedures or other time constraints otherwise
applicable to demonstration project amendments shall be waived to
expedite a State's extension request pursuant to this section. The
Secretary of Health and Human Services shall approve the extension
application within 45 days of a State's submission of its request, or
such other timeframe as is mutually agreed to with the State.
(f) Continuation of Secretarial Authority Under Declared
Emergency.--This section does not restrict the Secretary of Health and
Human Services from exercising existing flexibilities through
demonstration projects operated pursuant to section 1115 of the Social
Security Act (42 U.S.C. 1315) in conjunction with the COVID-19 public
health emergency.
(g) Rule of Construction.--Nothing in this section shall authorize
the Secretary of Health and Human Service to approve or extend a waiver
that fails to meet the requirements of section 1115 of the Social
Security Act (42 U.S.C. 1315).
SEC. 70115. MODIFICATION OF REDUCTIONS IN MEDICAID DSH ALLOTMENTS.
Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r-
4(f)(7)(A)) is amended--
(1) in clause (i), in the matter preceding subclause (I),
by striking ``For the period beginning May 23, 2020, and ending
September 30, 2020, and for each of fiscal years 2021 through
2025'' and inserting ``For the period beginning December 1,
2020, and ending September 30, 2021, and for each of fiscal
years 2022 through 2025''; and
(2) in clause (ii)--
(A) in subclause (I), by striking ``for the period
beginning May 23, 2020, and ending September 30, 2020''
and inserting ``for the period beginning December 1,
2020, and ending September 30, 2021''; and
(B) in subclause (II), by striking ``for each of
fiscal years 2021 through 2025'' and inserting ``for
each of fiscal years 2022 through 2025''.
SEC. 70116. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING
DEMONSTRATION.
(a) In General.--Section 6071(h)(1) of the Deficit Reduction Act of
2005 (42 U.S.C. 1396a note) is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
and
(2) by striking subparagraph (G) and inserting the
following:
``(G) $450,000,000 for fiscal year 2020; and
``(H) $75,206,000 for the period beginning on
October 1, 2020, and ending on November 30, 2020.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94).
SEC. 70117. EXTENSION OF PROTECTION FOR MEDICAID RECIPIENTS OF HOME AND
COMMUNITY-BASED SERVICES AGAINST SPOUSAL IMPOVERISHMENT.
(a) In General.--Section 2404 of Public Law 111-148 (42 U.S.C.
1396r-5 note) is amended by striking ``May 22, 2020'' and inserting
``November 30, 2020''.
(b) Rule of Construction.--Nothing in section 2404 of Public Law
111-148 (42 U.S.C. 1396r-5 note) or section 1902(a)(17) or 1924 of the
Social Security Act (42 U.S.C. 1396a(a)(17), 1396r-5) shall be
construed as prohibiting a State from 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))--
(1) 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
(2) 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).
SEC. 70118. EXTENSION OF THE COMMUNITY MENTAL HEALTH SERVICES
DEMONSTRATION PROGRAM.
Section 223(d)(3) of the Protecting Access to Medicare Act of 2014
(42 U.S.C. 1396a note) is amended by striking ``May 22, 2020'' and
inserting ``November 30, 2020''.
TITLE II--MEDICARE
SEC. 70201. COVERAGE OF THE COVID-19 VACCINE UNDER 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.--Section 1833(b) of the Social Security Act
(42 U.S.C. 1395l(b)) is amended, in the first sentence--
(1) by striking ``and'' before ``(11)''; and (B) by
inserting before the period at the end the following: ``, and
(11)
(2) by inserting before the period at the end the
following: ``, and (12) such deductible shall not apply with
respect a COVID-19 vaccine and its administration described in
section 1861(s)(10)(A)''.
(c) Waiving Cost-Sharing Under 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
(B) by inserting after subclause (V) the following
new subclause:
``(VI) COVID-19 vaccines and the
administration of such vaccines, as
described in section 1861(s)(10)(A).'';
and
(2) in clause (v), by striking ``subclauses (IV) and (V)''
and inserting ``subclauses (IV), (V), and (VI)''.
(d) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the amendments
made by subsection (c) by program instruction or otherwise.
(e) Payment for Administration of COVID-19 Vaccine.--The payment
amount under part B of title XVIII of the Social Security Act for the
administration of a COVID-19 vaccine pursuant to the amendment made by
subsection (a) shall be the same as the payment amount under such part
for the administration of an influenza vaccine, pneumococcal vaccine,
and a hepatitis B vaccine.
(f) Authority for Roster Billing.--Notwithstanding any other
provision of law, the Secretary of Health and Human Services may, by
program instruction or otherwise, include a COVID-19 vaccine as a
vaccine with respect to which the Secretary permits roster billing for
purposes of payment under part B of title XVIII of the Social Security
Act.
(g) 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).
SEC. 70202. HOLDING MEDICARE BENEFICIARIES HARMLESS FOR SPECIFIED
COVID-19 TREATMENT SERVICES FURNISHED UNDER PART A OR
PART B OF THE MEDICARE PROGRAM.
(a) In General.--Notwithstanding any other provision of law, in the
case of a specified COVID-19 treatment service (as defined in
subsection (b)) furnished to an individual entitled to benefits under
part A or enrolled under part B of title XVIII of the Social Security
Act (42 U.S.C. 1395 et seq.) for which payment is made under such part
A or such part B, the Secretary of Health and Human Services (in this
section referred to as the ``Secretary'') shall provide that--
(1) any cost-sharing required (including any deductible,
copayment, or coinsurance) applicable to such individual under
such part A or such part B with respect to such item or service
is paid by the Secretary; and
(2) the provider of services or supplier (as defined in
section 1861 of the Social Security Act (42 U.S.C. 1395x)) does
not hold such individual liable for such requirement.
(b) Definition of Specified COVID-19 Treatment Services.--For
purposes of this section, the term ``specified COVID-19 treatment
service'' means any item or service furnished to an individual for
which payment may be made under part A or part B of title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.) if such item or service is
included in a claim with an ICD-10-CM code relating to COVID-19 (as
described in the document entitled ``ICD-10-CM Official Coding
Guidelines - Supplement Coding encounters related to COVID-19
Coronavirus Outbreak'' published on February 20, 2020, or as otherwise
specified by the Secretary).
(c) Recovery of Cost-Sharing Amounts Paid by the Secretary in the
Case of Supplemental Insurance Coverage.--
(1) In general.--In the case of any amount paid by the
Secretary pursuant to subsection (a)(1) that the Secretary
determines would otherwise have been paid by a group health
plan or health insurance issuer (as such terms are defined in
section 2791 of the Public Health Service Act (42 U.S.C. 300gg-
91)), a private entity offering a medicare supplemental policy
under section 1882 of the Social Security Act (42 U.S.C.
1395ss), any other health plan offering supplemental coverage,
a State plan under title XIX of the Social Security Act, or the
Secretary of Defense under the TRICARE program, such plan,
issuer, private entity, other health plan, State plan, or
Secretary of Defense, as applicable, shall pay to the
Secretary, not later than 1 year after such plan, issuer,
private entity, other health plan, State plan, or Secretary of
Defense receives a notice under paragraph (3), such amount in
accordance with this subsection.
(2) Required information.--Not later than 9 months after
the date of the enactment of this Act, each group health plan,
health insurance issuer, private entity, other health plan,
State plan, and Secretary of Defense described in paragraph (1)
shall submit to the Secretary such information as the Secretary
determines necessary for purposes of carrying out this
subsection. Such information so submitted shall be updated by
such plan, issuer, private entity, other health plan, State
plan, or Secretary of Defense, as applicable, at such time and
in such manner as specified by the Secretary.
(3) Review of claims and notification.--The Secretary shall
establish a process under which claims for items and services
for which the Secretary has paid an amount pursuant to
subsection (a)(1) are reviewed for purposes of identifying if
such amount would otherwise have been paid by a plan, issuer,
private entity, other health plan, State plan, or Secretary of
Defense described in paragraph (1). In the case such a claim is
so identified, the Secretary shall determine the amount that
would have been otherwise payable by such plan, issuer, private
entity, other health plan, State plan, or Secretary of Defense
and notify such plan, issuer, private entity, other health
plan, State plan, or Secretary of Defense of such amount.
(4) Enforcement.--The Secretary may impose a civil monetary
penalty in an amount determined appropriate by the Secretary in
the case of a plan, issuer, private entity, other health plan,
or State plan that fails to comply with a provision of this
section. The provisions of section 1128A of the Social Security
Act shall apply to a civil monetary penalty imposed under the
previous sentence in the same manner as such provisions apply
to a penalty or proceeding under subsection (a) or (b) of such
section.
(d) Funding.--The Secretary shall provide for the transfer to the
Centers for Medicare & Medicaid Program Management Account from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Trust Fund (in such portions as the Secretary determines appropriate)
$100,000,000 for purposes of carrying out this section.
(e) Report.--Not later than 3 years after the date of the enactment
of this Act, the Inspector General of the Department of Health and
Human Services shall submit to Congress a report containing an analysis
of amounts paid pursuant to subsection (a)(1) compared to amounts paid
to the Secretary pursuant to subsection (c).
(f) Implementation.--Notwithstanding any other provision of law,
the Secretary may implement the provisions of this section by program
instruction or otherwise.
SEC. 70203. MEDICARE SEQUESTER DELAY.
During the period beginning on May 1, 2020, and ending on such date
the emergency period described in section 1135(g)(1)(B) of the Social
Security Act (42 U.S.C. 1320b-5(g)(1)(B)) ends, the Medicare program
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
pursuant to section 254 of the Balanced Budget and Emergency Deficit
Control Act of 1985 before, on, or after the date of enactment of this
Act.
SEC. 70204. ENHANCING MEDICARE TELEHEALTH SERVICES FOR FEDERALLY
QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS DURING
THE 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)--
(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 the emergency
period.--
``(A) In general.--During the emergency period
described in section 1135(g)(1)(B)--
``(i) the Secretary shall pay for
telehealth services that are furnished via a
telecommunications system by a Federally
qualified health center or a rural health
clinic to an eligible telehealth individual
enrolled under this part notwithstanding that
the Federally qualified health center or rural
clinic providing the telehealth service is not
at the same location as the beneficiary;
``(ii) the amount of payment to a Federally
qualified health center or rural health clinic
that serves as a distant site for such a
telehealth service shall be determined under
subparagraph (B); and
``(iii) for purposes of this subsection--
``(I) the term `distant site'
includes a Federally qualified health
center or rural health clinic that
furnishes a telehealth service to an
eligible telehealth individual; and
``(II) the term `telehealth
services' includes a rural health
clinic service or Federally qualified
health center service that is furnished
using telehealth to the extent that
payment codes corresponding to services
identified by the Secretary under
clause (i) or (ii) of paragraph (4)(F)
are listed on the corresponding claim
for such rural health clinic service or
Federally qualified health center
service.
``(B) Special payment rule.--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.''.
SEC. 70205. GUARANTEED ISSUE OF CERTAIN MEDIGAP POLICIES.
(a) Guaranteed Issue of Medigap Policies to All Medigap-Eligible
Medicare Beneficiaries.--
(1) In general.--Section 1882(s) of the Social Security Act
(42 U.S.C. 1395ss(s)) is amended--
(A) in paragraph (2)(A), by striking ``65 years of
age or older and is enrolled for benefits under part
B'' and inserting ``entitled to, or enrolled for,
benefits under part A and enrolled for benefits under
part B'';
(B) in paragraph (2)(D), by striking ``who is 65
years of age or older as of the date of issuance and'';
(C) in paragraph (3)(B)(ii), by striking ``is 65
years of age or older and''; and
(D) in paragraph (3)(B)(vi), by striking ``at age
65''.
(2) Additional enrollment period for certain individuals.--
(A) One-time enrollment period.--
(i) In general.--In the case of a specified
individual, the Secretary shall establish a
one-time enrollment period described in clause
(iii) during which such an individual may
enroll in any medicare supplemental policy of
the individual's choosing.
(ii) Application.--The provisions of--
(I) paragraph (2) of section
1882(s) of the Social Security Act (42
U.S.C. 1395ss(s)) shall apply with
respect to a specified individual who
is described in subclause (I) of
subparagraph (B)(iii) as if references
in such paragraph (2) to the 6 month
period described in subparagraph (A) of
such paragraph were references to the
one-time enrollment period established
under clause (i); and
(II) paragraph (3) of such section
shall apply with respect to a specified
individual who is described in
subclause (II) of subparagraph (B)(iii)
as if references in such paragraph (3)
to the period specified in subparagraph
(E) of such paragraph were references
to the one-time enrollment period
established under clause (i).
(iii) Period.--The enrollment period
established under clause (i) shall be the 6-
month period beginning on January 1, 2024.
(B) Specified individual.--For purposes of this
paragraph, the term ``specified individual'' means an
individual who--
(i) is entitled to hospital insurance
benefits under part A of title XVIII of the
Social Security Act (42 U.S.C. 1395c et seq.)
pursuant to section 226(b) or section 226A of
such Act (42 U.S.C. 426(b); 426-1);
(ii) is enrolled for benefits under part B
of such Act (42 U.S.C. 1395j et seq.); and
(iii)(I) would not, but for the amendments
made by subparagraphs (A) and (B) of paragraph
(1) and the provisions of this paragraph (if
such provisions applied to such individual), be
eligible for the guaranteed issue of a medicare
supplemental policy under paragraph (2) of
section 1882(s) of such Act (42 U.S.C.
1395ss(s)); or
(II) would not, but for the amendments made
by subparagraphs (C) and (D) of paragraph (1)
and the provisions of this paragraph (if such
provisions applied to such individual), be
eligible for the guaranteed issue of a medicare
supplemental policy under paragraph (3) of such
section.
(C) Outreach plan.--
(i) In general.--The Secretary shall
develop an outreach plan to notify specified
individuals of the one-time enrollment period
established under subparagraph (A).
(ii) Consultation.--In implementing the
outreach plan developed under clause (i), the
Secretary shall consult with consumer
advocates, brokers, insurers, the National
Association of Insurance Commissioners, and
State Health Insurance Assistance Programs.
(3) Effective date.--The amendments made by paragraph (1)
shall apply to medicare supplemental policies effective on or
after January 1, 2024.
(b) Guaranteed Issue of Medigap Policies for Medicare Advantage
Enrollees.--
(1) In general.--Section 1882(s)(3) of the Social Security
Act (42 U.S.C. 1395ss(s)(3)), as amended by subsection (a), is
further amended--
(A) in subparagraph (B), by adding at the end the
following new clause:
``(vii) The individual--
``(I) was enrolled in a Medicare Advantage plan
under part C for not less than 12 months;
``(II) subsequently disenrolled from such plan;
``(III) elects to receive benefits under this title
through the original Medicare fee-for-service program
under parts A and B; and
``(IV) has not previously elected to receive
benefits under this title through the original Medicare
fee-for-service program pursuant to disenrollment from
a Medicare Advantage plan under part C.'';
(B) by striking subparagraph (C)(iii) and inserting
the following:
``(iii) Subject to subsection (v)(1), for purposes of an individual
described in clause (vi) or (vii) of subparagraph (B), a medicare
supplemental policy described in this subparagraph shall include any
medicare supplemental policy.''; and
(C) in subparagraph (E)--
(i) in clause (iv), by striking ``and'' at
the end;
(ii) in clause (v), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following
new clause--
``(vi) in the case of an individual described in
subparagraph (B)(vii), the annual, coordinated election period
(as defined in section 1851(e)(3)(B)) or a continuous open
enrollment period (as defined in section 1851(e)(2)) during
which the individual disenrolls from a Medicare Advantage plan
under part C.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to medicare supplemental policies effective on or
after January 1, 2024.
SEC. 70206. ENSURING COMMUNICATIONS ACCESSIBILITY FOR RESIDENTS OF
SKILLED NURSING FACILITIES DURING THE COVID-19 EMERGENCY
PERIOD.
(a) In General.--Section 1819(c)(3) of the Social Security Act (42
U.S.C. 1395i-3(c)(3)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) provide for reasonable access to the use of a
telephone, including TTY and TDD services (as defined
for purposes of section 483.10 of title 42, Code of
Federal Regulations (or a successor regulation)), and
the internet (to the extent available to the facility)
and inform each such resident (or a representative of
such resident) of such access and any changes in
policies or procedures of such facility relating to
limitations on external visitors.''.
(b) COVID-19 Provisions.--
(1) Guidance.--Not later than 15 days after the date of the
enactment of this Act, the Secretary of Health and Human
Service shall issue guidance on steps skilled nursing
facilities may take to ensure residents have access to
televisitation during the emergency period defined in section
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
5(g)(1)(B)).
(2) Review of facilities.--The Secretary of Health and
Human Services shall take such steps as determined appropriate
by the Secretary to ensure that residents of skilled nursing
facilities and relatives of such residents are made aware of
the access rights described in section 1819(c)(3)(F) of the
Social Security Act (42 U.S.C. 1395i-3(c)(3)(F)).
SEC. 70207. MEDICARE HOSPITAL INPATIENT PROSPECTIVE PAYMENT SYSTEM
OUTLIER PAYMENTS FOR COVID-19 PATIENTS DURING CERTAIN
EMERGENCY PERIOD.
(a) In General.--Section 1886(d)(5)(A) of the Social Security Act
(42 U.S.C. 1395ww(d)(5)(A)) is amended--
(1) in clause (ii), by striking ``For cases'' and inserting
``Subject to clause (vii), for cases'';
(2) in clause (iii), by striking ``The amount'' and
inserting ``Subject to clause (vii), the amount'';
(3) in clause (iv), by striking ``The total amount'' and
inserting ``Subject to clause (vii), the total amount''; and
(4) by adding at the end the following new clause:
``(vii) For discharges that have a primary or secondary diagnosis
of COVID-19 and that occur during the emergency period described in
section 1135(g)(1)(B), the amount of any additional payment under
clause (ii) for a subsection (d) hospital for such a discharge shall be
determined as if--
``(I) clause (ii) was amended by striking `plus a fixed
dollar amount determined by the Secretary';
``(II) the reference in clause (iii) to `approximate the
marginal cost of care beyond the cutoff point applicable under
clause (i) or (ii)' were a reference to `approximate the
marginal cost of care beyond the cutoff point applicable under
clause (i), or, in the case of an additional payment requested
under clause (ii), be equal to 100 percent of the amount by
which the costs of the discharge for which such additional
payment is so requested exceed the applicable DRG prospective
payment rate'; and
``(III) clause (iv) does not apply.''.
(b) Exclusion From Reduction in Average Standardized Amounts
Payable to Hospitals Located in Certain Areas.--Section 1886(d)(3)(B)
of the Social Security Act (42 U.S.C. 1395ww(d)(3)(B)) is amended by
inserting before the period the following: ``, other than additional
payments described in clause (vii) of such paragraph''.
(c) Application to Site Neutral IPPS Payment Rates.--Section
1886(m)(6)(B) of the Social Security Act (42 U.S.C. 1395ww(m)(6)(B)) is
amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I), by
striking ``In this paragraph'' and inserting ``Subject
to clause (ii), in this paragraph'';
(B) in subclause (I), by striking ``clause (iii)''
and inserting ``clause (iv)''; and
(C) in subclause (II), by striking ``clause (ii)''
and inserting ``clause (iii)'';
(2) in clause (ii), in the matter preceding subclause (I),
by striking ``clause (iv)'' and inserting ``clause (v)'';
(3) in clause (iii)(I), by striking ``clause (ii)'' and
inserting ``clause (iii)'';
(4) in clause (iv), by striking ``clause (ii)(I)'' and
inserting ``clause (iii)(I)'';
(5) by redesignating clauses (ii) through (iv) as clauses
(iii) through (v), respectively; and
(6) by inserting after clause (i) the following new clause:
``(ii) Exception.--Notwithstanding clause
(i), the term `applicable site neutral payment
rate' means--
``(I) for discharges that have a
primary or secondary diagnosis of
COVID-19 and that occur during any
portion of the emergency period
described in section 1135(g)(1)(B)
occurring during a cost reporting
period described in clause (i)(I), the
greater of the blended payment rate
specified in clause (iv) or the percent
described in clause (iii)(II); and
``(II) for discharges that have a
primary or secondary diagnosis of
COVID-19 and that occur during any
portion of the emergency period
described in section 1135(g)(1)(B)
occurring during a cost reporting
period described in clause (i)(II), the
percent described in clause
(iii)(II).''.
(d) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the amendments
made by this section by program instruction or otherwise.
SEC. 70208. COVERAGE OF TREATMENTS FOR COVID-19 AT NO COST SHARING
UNDER THE MEDICARE ADVANTAGE PROGRAM.
(a) In General.--Section 1852(a)(1)(B) of the Social Security Act
(42 U.S.C. 1395w-22(a)(1)(B)) is amended by adding at the end the
following new clause:
``(vii) Special coverage rules for
specified covid-19 treatment services.--
Notwithstanding clause (i), in the case of a
specified COVID-19 treatment service (as
defined in section 70202(b) of the Take
Responsibility for Workers and Families Act)
that is furnished during a plan year occurring
during any portion of the emergency period
defined in section 1135(g)(1)(B) beginning on
or after the date of the enactment of this
clause, a Medicare Advantage plan may not, with
respect to such service, impose--
``(I) any cost-sharing requirement
(including a deductible, copayment, or
coinsurance requirement); and
``(II) in the case such service is
a critical specified COVID-19 treatment
service (including ventilator services
and intensive care unit services), any
prior authorization or other
utilization management requirement.
A Medicare Advantage plan may not take the
application of this clause into account for
purposes of a bid amount submitted by such plan
under section 1854(a)(6).''.
(b) Reimbursement of Medicare Advantage Plans for Elimination of
Cost Sharing.--Section 1853 of the Social Security Act (42 U.S.C.
1395w-23) is amended by adding at the end the following new subsection:
``(p) Additional Payment to Account for Cost Sharing Elimination
for COVID-19 Treatment Services.--
``(1) In general.--A Medicare Advantage plan shall notify
the Secretary of the total dollar amount of cost sharing that,
but for the application of section 1852(a)(1)(B)(vii), would
have been required under such plan for specified COVID-19
treatment services (as defined in section 70202(b) of the Take
Responsibility for Workers and Families Act) furnished during a
plan year described in such section to individuals enrolled in
the plan. The Secretary shall make periodic and timely payments
in accordance with this subsection to such plan that, in the
aggregate, equal such total dollar amount.
``(2) Timing of payment.--Payments by the Secretary under
this subsection shall be made beginning March 1, 2021, for
amounts described in such paragraph that would have been
required under such plan for specified COVID-19 treatment
services furnished during plan year 2020. Payments by the
Secretary under this subsection for such amounts that would
have been so required under such plan for such services
furnished during a plan year subsequent to plan year 2020 shall
be made beginning March 1 of the plan year following such
subsequent plan year.
``(3) Non-application.--Section 1853(c)(7) shall not apply
with respect to the application of this subsection.
``(4) Appropriation.--There are transferred to the Centers
for Medicare & Medicaid Program Management Fund, out of any
monies in the Treasury not otherwise obligated, such sums as
may be necessary to the Secretary for purposes of making
payments under this subsection.''.
(c) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the amendments
made by this section by program instruction or otherwise.
SEC. 70209. ESTABLISHING A RISK CORRIDOR PROGRAM FOR MEDICARE ADVANTAGE
PLANS DURING THE COVID-19 EMERGENCY.
(a) In General.--Section 1853 of the Social Security Act (42 U.S.C.
1395w-23), as amended by section 70208(b), is further amended by adding
at the end the following new subsection:
``(q) Risk Corridor Program During the COVID-19 Emergency.--
``(1) In general.--The Secretary shall establish and
administer a program of risk corridors for each plan year, any
portion of which occurs during the emergency period defined in
section 1135(g)(1)(B), under which the Secretary shall make
payments to MA organizations offering a Medicare Advantage plan
based on the ratio of the allowable costs of the plan to the
aggregate premiums of the plan.
``(2) Payment methodology.--The Secretary shall provide
under the program established under paragraph (1) that if the
allowable costs for a Medicare Advantage plan for any plan year
are more than 105 percent of the target amount, the Secretary
shall pay to the plan an amount equal to 75 percent of the
allowable costs in excess of 105 percent of the target amount.
``(3) Timing.--
``(A) Submission of information by plans.--With
respect to a plan year for which the program described
in paragraph (1) is established and administered, not
later than July 1 of the succeeding plan year each MA
organization offering a Medicare Advantage plan shall
submit to the Secretary such information as the
Secretary may require for purposes of carrying out such
program.
``(B) Payment.--The Secretary shall pay to an MA
organization offering a Medicare Advantage plan
eligible to receive a payment under the program with
respect to a plan year the amount provided under
paragraph (2) for such plan year not later than 60 days
after such organization submits information with
respect to such plan and plan year under subparagraph
(A).
``(4) Definitions.--
``(A) Allowable costs.--
``(i) In general.--The amount of allowable
costs of a MA organization offering a Medicare
Advantage plan for a plan year is an amount
equal to the total costs (other than
administrative costs) of such plan in providing
benefits covered by such plan, but only to the
extent that such costs are incurred with
respect to such benefits for items and services
that are benefits under the original medicare
fee-for-service program option.
``(ii) Reductions.--Allowable costs for a
Medicare Advantage plan for a plan year shall
be reduced by any payment made under subsection
(p) with respect to such plan and such plan
year.
``(B) Target amount.--The target amount described
in this paragraph is, with respect to a Medicare
Advantage plan and a plan year, the total amount of
payments paid to the MA organization for the plan for
benefits under the original medicare fee-for-service
program option for the plan year, taking into account
amounts paid by the Secretary and enrollees, based upon
the bid amount submitted under section 1854, reduced by
the total amount of administrative expenses for the
year assumed in such bid.
``(5) Funding.--There are appropriated to the Centers for
Medicare & Medicaid Services Program Management Account, out of
any monies in the Treasury not otherwise obligated, such sums
as may be necessary for purposes of carrying out this
subsection.''.
(b) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Service may implement the amendments
made by this section by program instruction or otherwise.
SEC. 70210. REQUIRING COVERAGE UNDER MEDICARE PDPS AND MA-PD PLANS,
WITHOUT THE IMPOSITION OF COST SHARING OR UTILIZATION
MANAGEMENT REQUIREMENTS, OF DRUGS INTENDED TO TREAT
COVID-19 DURING CERTAIN EMERGENCIES.
(a) Coverage Requirement.--
(1) In general.--Section 1860D-4(b)(3) of the Social
Security Act (42 U.S.C. 1395w-104(b)(3)) is amended by adding
at the end the following new subparagraph:
``(I) Required inclusion of drugs intended to treat
covid-19.--
``(i) In general.--Notwithstanding any
other provision of law, a PDP sponsor offering
a prescription drug plan shall, with respect to
a plan year, any portion of which occurs during
the period described in clause (ii), be
required to--
``(I) include in any formulary--
``(aa) all covered part D
drugs with a medically accepted
indication (as defined in
section 1860D-2(e)(4)) to treat
COVID-19 that are marketed in
the United States; and
``(bb) all drugs authorized
under section 564 or 564A of
the Federal Food Drug and
Cosmetic Act to treat COVID-19;
and
``(II) not impose any prior
authorization or other utilization
management requirement with respect to
such drugs described in item (aa) or
(bb) of subclause (I) (other than such
a requirement that limits the quantity
of drugs due to safety).
``(ii) Period described.--For purposes of
clause (i), the period described in this clause
is the period during which there exists the
public health emergency declared by the
Secretary pursuant to section 319 of the Public
Health Service Act on January 31, 2020,
entitled `Determination that a Public Health
Emergency Exists Nationwide as the Result of
the 2019 Novel Coronavirus' (including any
renewal of such declaration pursuant to such
section).''.
(b) Elimination of Cost Sharing.--
(1) Elimination of cost-sharing for drugs intended to treat
covid-19 under standard and alternative prescription drug
coverage.--Section 1860D-2 of the Social Security Act (42
U.S.C. 1395w-102) is amended--
(A) in subsection (b)--
(i) in paragraph (1)(A), by striking ``The
coverage'' and inserting ``Subject to paragraph
(8), the coverage'';
(ii) in paragraph (2)--
(I) in subparagraph (A), by
inserting after ``Subject to
subparagraphs (C) and (D)'' the
following: ``and paragraph (8)'';
(II) in subparagraph (C)(i), by
striking ``paragraph (4)'' and
inserting ``paragraphs (4) and (8)'';
and
(III) in subparagraph (D)(i), by
striking ``paragraph (4)'' and
inserting ``paragraphs (4) and (8)'';
(iii) in paragraph (4)(A)(i), by striking
``The coverage'' and inserting ``Subject to
paragraph (8), the coverage''; and
(iv) by adding at the end the following new
paragraph:
``(8) Elimination of cost-sharing for drugs intended to
treat covid-19.--The coverage does not impose any deductible,
copayment, coinsurance, or other cost-sharing requirement for
drugs described in section 1860D-4(b)(3)(I)(i)(I) with respect
to a plan year, any portion of which occurs during the period
during which there exists the public health emergency declared
by the Secretary pursuant to section 319 of the Public Health
Service Act on January 31, 2020, entitled `Determination that a
Public Health Emergency Exists Nationwide as the Result of the
2019 Novel Coronavirus' (including any renewal of such
declaration pursuant to such section).''; and
(B) in subsection (c), by adding at the end the
following new paragraph:
``(4) Same elimination of cost-sharing for drugs intended
to treat covid-19.--The coverage is in accordance with
subsection (b)(8).''.
(2) Elimination of cost-sharing for drugs intended to treat
covid-19 dispensed to individuals who are subsidy eligible
individuals.--Section 1860D-14(a) of the Social Security Act
(42 U.S.C. 1395w-114(a)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (D)--
(I) in clause (ii), by striking
``In the case of'' and inserting
``Subject to subparagraph (F), in the
case of''; and
(II) in clause (iii), by striking
``In the case of'' and inserting
``Subject to subparagraph (F), in the
case of''; and
(ii) by adding at the end the following new
subparagraph:
``(F) Elimination of cost-sharing for drugs
intended to treat covid-19.--Coverage that is in
accordance with section 1860D-2(b)(8).''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by striking ``A
reduction'' and inserting ``Subject to
subparagraph (F), a reduction'';
(ii) in subparagraph (D), by striking ``The
substitution'' and inserting ``Subject to
subparagraph (F), the substitution'';
(iii) in subparagraph (E), by inserting
after ``Subject to'' the following:
``subparagraph (F) and''; and
(iv) by adding at the end the following new
subparagraph:
``(F) Elimination of cost-sharing for drugs
intended to treat covid-19.--Coverage that is in
accordance with section 1860D-2(b)(8).''.
(c) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the amendments
made by this section by program instruction or otherwise.
SEC. 70211. REQUIRING MEDICARE PDPS AND MA-PD PLANS TO ALLOW DURING THE
COVID-19 EMERGENCY PERIOD FOR FILLS AND REFILLS OF
COVERED PART D DRUGS FOR UP TO A 3-MONTH SUPPLY.
(a) In General.--Section 1860D-4(b) of the Social Security Act (42
U.S.C. 1395w-104(b)) is amended by adding at the end the following new
paragraph:
``(4) Ensuring access during covid-19 public health
emergency period.--
``(A) In general.--During the emergency period
described in section 1135(g)(1)(B), subject to
subparagraph (B), a prescription drug plan or MA-PD
plan shall, notwithstanding any cost and utilization
management, medication therapy management, or other
such programs under this part, permit a part D eligible
individual enrolled in such plan to obtain in a single
fill or refill, at the option of such individual, the
total day supply (not to exceed a 90-day supply)
prescribed for such individual for a covered part D
drug.
``(B) Safety edit exception.--A prescription drug
plan or MA-PD plan may not permit a part D eligible
individual to obtain a single fill or refill
inconsistent with an applicable safety edit.''.
(b) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the amendment
made by this section by program instruction or otherwise.
SEC. 70212. 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. 70213. 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 ``$25,170,000 for fiscal year 2020, and
$5,013,699 for the period beginning on October 1, 2020, and
ending on November 30, 2020''; and
(2) in the third sentence, by striking ``for each of fiscal
years 2018 and 2019 and for the period beginning on October 1,
2019, and ending on May 22, 2020'' and inserting ``for each of
fiscal years 2018 through 2020 and for the period beginning on
October 1, 2020, and ending on November 30, 2020''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94).
SEC. 70214. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-INCOME
PROGRAMS.
(a) 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) is
amended--
(1) in clause (xi), by striking ``and'' at the end;
(2) in clause (xii), by striking the period at the end and
inserting a semicolon; and
(3) by inserting after clause (xii) the following new
clauses:
``(xiii) for the period beginning on May
23, 2020, and ending on September 30, 2020, of
$5,383,562; and
``(xiv) for the period beginning on October
1, 2020, and ending on November 30, 2020, of
$2,506,849.''.
(b) Additional Funding for Area Agencies on Aging.--Subsection
(b)(1)(B) of such section 119, as so amended, is amended--
(1) in clause (xi), by striking ``and'' at the end;
(2) in clause (xii), by striking the period at the end and
inserting a semicolon; and
(3) by inserting after clause (xii) the following new
clauses:
``(xiii) for the period beginning on May
23, 2020, and ending on September 30, 2020, of
$5,383,562; and
``(xiv) for the period beginning on October
1, 2020, and ending on November 30, 2020, of
$2,506,849.''.
(c) Additional Funding for Aging and Disability Resource Centers.--
Subsection (c)(1)(B) of such section 119, as so amended, is amended--
(1) in clause (xi), by striking ``and'' at the end;
(2) in clause (xii), by striking the period at the end and
inserting a semicolon; and
(3) by inserting after clause (xii) the following new
clauses:
``(xiii) for the period beginning on May
23, 2020, and ending on September 30, 2020, of
$1,794,521; and
``(xiv) for the period beginning on October
1, 2020, and ending on November 30, 2020, of
$835,616.''.
(d) 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--
(1) in clause (xi), by striking ``and'' at the end;
(2) in clause (xii), by striking the period at the end and
inserting a semicolon; and
(3) by inserting after clause (xii) the following new
clauses:
``(xiii) for the period beginning on May
23, 2020, and ending on September 30, 2020, of
$5,383,562; and
``(xiv) for the period beginning on October
1, 2020, and ending on November 30, 2020, of
$2,506,849.''.
TITLE III--PRIVATE INSURANCE
SEC. 70301. SPECIAL ENROLLMENT PERIOD THROUGH EXCHANGES; FEDERAL
EXCHANGE OUTREACH AND EDUCATIONAL ACTIVITIES.
(a) Special Enrollment Period Through Exchanges.--Section 1311(c)
of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c))
is amended--
(1) in paragraph (6)--
(A) in subparagraph (C), by striking at the end
``and'';
(B) in subparagraph (D), by striking at the end the
period and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(E) subject to subparagraph (B) of paragraph (8),
the special enrollment period described in subparagraph
(A) of such paragraph.''; and
(2) by adding at the end the following new paragraph:
``(8) Special enrollment period for certain public health
emergency.--
``(A) In general.--The Secretary shall, subject to
subparagraph (B), require an Exchange to provide--
``(i) for a special enrollment period
during the emergency period described in
section 1135(g)(1)(B) of the Social Security
Act--
``(I) which shall begin on the date
that is one week after the date of the
enactment of this paragraph and which,
in the case of an Exchange established
or operated by the Secretary within a
State pursuant to section 1321(c),
shall be an 8-week period; and
``(II) during which any individual
who is otherwise eligible to enroll in
a qualified health plan through the
Exchange may enroll in such a qualified
health plan; and
``(ii) that, in the case of an individual
who enrolls in a qualified health plan through
the Exchange during such enrollment period, the
coverage period under such plan shall begin, at
the option of the individual, on April 1, 2020,
or on the first day of the month following the
day the individual selects a plan through such
special enrollment period.
``(B) Exception.--The requirement of subparagraph
(A) shall not apply to a State-operated or State-
established Exchange if such Exchange, prior to the
date of the enactment of this paragraph, established or
otherwise provided for a special enrollment period to
address access to coverage under qualified health plans
offered through such Exchange during the emergency
period described in section 1135(g)(1)(B) of the Social
Security Act.''.
(b) Federal Exchange Outreach and Educational Activities.--Section
1321(c) of the Patient Protection and Affordable Care Act (42 U.S.C.
18041(c)) is amended by adding at the end the following new paragraph:
``(3) Outreach and educational activities.--
``(A) In general.--In the case of an Exchange
established or operated by the Secretary within a State
pursuant to this subsection, the Secretary shall carry
out outreach and educational activities for purposes of
informing potential enrollees in qualified health plans
offered through the Exchange of the availability of
coverage under such plans and financial assistance for
coverage under such plans. Such outreach and
educational activities shall be provided in a manner
that is culturally and linguistically appropriate to
the needs of the populations being served by the
Exchange (including hard-to-reach populations, such as
racial and sexual minorities, limited English
proficient populations, and young adults).
``(B) Limitation on use of funds.--No funds
appropriated under this paragraph shall be used for
expenditures for promoting non-ACA compliant health
insurance coverage.
``(C) Non-ACA compliant health insurance
coverage.--For purposes of subparagraph (B):
``(i) The term `non-ACA compliant health
insurance coverage' means health insurance
coverage, or a group health plan, that is not a
qualified health plan.
``(ii) Such term includes the following:
``(I) An association health plan.
``(II) Short-term limited duration
insurance.
``(D) Funding.--Out of any funds in the Treasury
not otherwise appropriated, there are hereby
appropriated $25,000,000 to carry out this paragraph.
Funds appropriated under this subparagraph shall remain
available until expended.''.
(c) Implementation.--The Secretary of Health and Human Services may
implement the provisions of (including amendments made by) this section
through subregulatory guidance, program instruction, or otherwise.
SEC. 70302. SHORT-TERM LIMITED DURATION INSURANCE RULE PROHIBITION.
The Secretary of Health and Human Services, the Secretary of the
Treasury, and the Secretary of Labor may not take any action to
implement, enforce, or otherwise give effect to the rule entitled
``Short-Term, Limited Duration Insurance'' (83 Fed. Reg. 38212 (August
3, 2018)), and the Secretaries may not promulgate any substantially
similar rule.
SEC. 70303. RAPID COVERAGE OF PREVENTIVE SERVICES AND VACCINES FOR
COVID-19.
(a) In General.--In the case of a qualifying COVID-19 preventive
service, notwithstanding section 2713(b) of the Public Health Service
Act (42 U.S.C. 300gg-13(b)) (including the regulations under section
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), the Secretary of
Health and Human Services, Secretary of Labor, and Secretary of the
Treasury shall apply to group health plans and health insurance issuers
offering group or individual health insurance coverage the requirement
under section 2713(a) of the Public Health Service Act (42 U.S.C.
300gg-13(a)), with respect to such services, as if such section
2713(a)--
(1) required the coverage of such service under such plans
and such coverage be effective not later than the specified
date (as defined in subsection (b)(2)) with respect to such
service; and
(2) applied to grandfathered health plans (as defined in
section 1251(e) of the Patient Protection and Affordable Care
Act (42 U.S.C. 18011(e))).
(b) Definitions.--For purposes of this section:
(1) Qualifying covid-19 preventive service.--The term
``qualifying COVID-19 preventive service'' means an item,
service, or immunization that is intended to prevent or
mitigate COVID-19 and that is--
(A) an evidence-based item or service that has in
effect a rating of ``A'' or ``B'' in the current
recommendations of the United States Preventive
Services Task Force; or
(B) an immunization that has in effect a
recommendation from the Advisory Committee on
Immunization Practices of the Centers for Disease
Control and Prevention with respect to the individual
involved.
(2) Specified date.--The term ``specified date'' means--
(A) with respect to a qualifying COVID-19
preventive service described in paragraph (1)(A), the
date that is 15 business days after the date on which a
rating, as described in such paragraph, is made with
respect to such service; and
(B) with respect to a qualifying COVID-19
preventive service described in paragraph (1)(B), the
date that is 15 business days after the date on which a
recommendation, as described in such paragraph, is made
relating to the service.
(3) Additional terms.--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 (29 U.S.C. 1191b), and
section 9832 of the Internal Revenue Code of 1986, as
applicable.
(c) Implementation.--The Secretary of Health and Human Services,
Secretary of Labor, and Secretary of the Treasury may implement the
provisions of this section through program instruction, subregulatory
guidance, or otherwise.
SEC. 70304. COVERAGE OF COVID-19 RELATED TREATMENT AT NO COST SHARING.
(a) In General.--A group health plan and a health insurance issuer
offering group or individual health insurance coverage (including a
grandfathered health plan (as defined in section 1251(e) of the Patient
Protection and Affordable Care Act)) shall provide coverage, and shall
not impose any cost sharing (including deductibles, copayments, and
coinsurance) requirements, for the following items and services
furnished during any portion of the emergency period defined in
paragraph (1)(B) of section 1135(g) of the Social Security Act (42
U.S.C. 1320b-5(g)) beginning on or after the date of the enactment of
this Act:
(1) Medically necessary items and services (including in-
person or telehealth visits in which such items and services
are furnished) that are furnished to an individual who has been
diagnosed with (or after provision of the items and services is
diagnosed with) COVID-19 to treat or mitigate the effects of
COVID-19.
(2) Medically necessary items and services (including in-
person or telehealth visits in which such items and services
are furnished) that are furnished to an individual who is
presumed to have COVID-19 but is never diagnosed as such, if
the following conditions are met:
(A) Such items and services are furnished to the
individual to treat or mitigate the effects of COVID-19
or to mitigate the impact of COVID-19 on society.
(B) Health care providers have taken appropriate
steps under the circumstances to make a diagnosis, or
confirm whether a diagnosis was made, with respect to
such individual, for COVID-19, if possible.
(b) Items and Services Related to COVID-19.--For purposes of this
section--
(1) not later than one week after the date of the enactment
of this section, the Secretary of Health and Human Services,
Secretary of Labor, and Secretary of the Treasury shall jointly
issue guidance specifying applicable diagnoses and medically
necessary items and services related to COVID-19; and
(2) such items and services shall include all items or
services that are relevant to the treatment or mitigation of
COVID-19, regardless of whether such items or services are
ordinarily covered under the terms of a group health plan or
group or individual health insurance coverage offered by a
health insurance issuer.
(c) Reimbursement to Plans and Coverage for Waiving Cost-Sharing.--
(1) In general.--A group health plan or a health insurance
issuer offering group or individual health insurance coverage
(including a grandfathered health plan (as defined in section
1251(e) of the Patient Protection and Affordable Care Act))
that does not impose cost sharing requirements as described in
subsection (a) shall notify the Secretary of Health and Human
Services, Secretary of Labor, and Secretary of the Treasury
(through a joint process established jointly by the
Secretaries) of the total dollar amount of cost-sharing that,
but for the application of subsection (a), would have been
required under such plans and coverage for items and services
related to COVID-19 furnished during the period to which
subsection (a) applies to enrollees, participants, and
beneficiaries in the plan or coverage to whom such subsection
applies, but which was not imposed for such items and services
so furnished pursuant to such subsection and the Secretary of
Health and Human Services, in coordination with the Secretary
of Labor and the Secretary of the Treasury, shall make payments
in accordance with this subsection to the plan or issuer equal
to such total dollar amount.
(2) Methodology for payments.--The Secretary of Health and
Human Service, in coordination with the Secretary of Labor and
the Secretary of the Treasury shall establish a payment system
for making payments under this subsection. Any such system
shall make payment for the value of cost sharing not imposed by
the plan or issuer involved.
(3) Timing of payments.--Payments made under paragraph (1)
shall be made no later than May 1, 2021, for amounts of cost
sharing waivers with respect to 2020. Payments under this
subsection with respect to such waivers with respect to a year
subsequent to 2020 that begins during the period to which
subsection (a) applies shall be made no later than May of the
year following such subsequent year.
(4) Appropriations.--There is authorized to be
appropriated, and there is appropriated, out of any monies in
the Treasury not otherwise appropriated, such funds as are
necessary to carry out this subsection.
(d) Enforcement.--
(1) Application with respect to phsa, erisa, and irc.--The
provisions of this section shall be applied by the Secretary of
Health and Human Services, Secretary of Labor, and Secretary of
the Treasury to group health plans and health insurance issuers
offering group or individual health insurance coverage as if
included in the provisions of part A of title XXVII of the
Public Health Service Act, part 7 of the Employee Retirement
Income Security Act of 1974, and subchapter B of chapter 100 of
the Internal Revenue Code of 1986, as applicable.
(2) Private right of action.--An individual with respect to
whom an action is taken by a group health plan or health
insurance issuer offering group or individual health insurance
coverage in violation of subsection (a) may commence a civil
action against the plan or issuer for appropriate relief. The
previous sentence shall not be construed as limiting any
enforcement mechanism otherwise applicable pursuant to
paragraph (1).
(e) Implementation.--The Secretary of Health and Human Services,
Secretary of Labor, and Secretary of the Treasury may implement the
provisions of this section through sub-regulatory guidance, program
instruction or otherwise.
(f) Terms.--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 of 1986, as applicable.
SEC. 70305. REQUIRING PRESCRIPTION DRUG REFILL NOTIFICATIONS DURING
EMERGENCIES.
(a) ERISA.--
(1) In general.--Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.) is amended by adding at the end the
following new section:
``SEC. 716. PROVISION OF PRESCRIPTION DRUG REFILL NOTIFICATIONS DURING
EMERGENCIES.
``(a) In General.--A group health plan, and a health insurance
issuer offering health insurance coverage in connection with a group
health plan, that provides benefits for prescription drugs under such
plan or such coverage shall provide to each individual enrolled under
such plan or such coverage who resides in an emergency area during an
emergency period, not later than 5 business days after the date of the
beginning of such period with respect to such area (or, the case of the
emergency period described in section 70305(d)(2) of the Take
Responsibility for Workers and Families Act, not later than 5 business
days after the date of the enactment of this section), a notification--
``(1) of whether such plan or coverage will waive, during
such period with respect to such an individual, any time
restrictions under such plan or coverage on any authorized
refills for such drugs to enable such refills in advance of
when such refills would otherwise have been permitted under
such plan or coverage; and
``(2) in the case that such plan or coverage will waive
such restrictions during such period with respect to such an
individual, that contains information on how such an individual
may obtain such a refill.
``(b) Emergency Area; Emergency Period.--For purposes of this
section, an `emergency area' is a geographical area in which, and an
`emergency period' is the period during which, there exists--
``(1) an emergency or disaster declared by the President
pursuant to the National Emergencies Act or the Robert T.
Stafford Disaster Relief and Emergency Assistance Act; and
``(2) a public health emergency declared by the Secretary
pursuant to section 319 of the Public Health Service Act.''.
(2) Clerical amendment.--The table of contents of the
Employee Retirement Income Security Act of 1974 is amended by
inserting after the item relating to section 714 the following:
``Sec. 715. Additional market reforms.
``Sec. 716. Provision of prescription drug refill notifications during
emergencies.''.
(b) PHSA.--Subpart II of part A of title XXVII of the Public Health
Service Act (42 U.S.C. 300gg-11 et seq.) is amended by adding at the
end the following new section:
``SEC. 2730. PROVISION OF PRESCRIPTION DRUG REFILL NOTIFICATIONS DURING
EMERGENCIES.
``(a) In General.--A group health plan, and a health insurance
issuer offering group or individual health insurance coverage, that
provides benefits for prescription drugs under such plan or such
coverage shall provide to each individual enrolled under such plan or
such coverage who resides in an emergency area during an emergency
period, not later than 5 business days after the date of the beginning
of such period with respect to such area (or, the case of the emergency
period described in section 70305(d)(2) of the Take Responsibility for
Workers and Families Act, not later than 5 business days after the date
of the enactment of this section), a notification--
``(1) of whether such plan or coverage will waive, during
such period with respect to such an individual, any time
restrictions under such plan or coverage on any authorized
refills for such drugs to enable such refills in advance of
when such refills would otherwise have been permitted under
such plan or coverage; and
``(2) in the case that such plan or coverage will waive
such restrictions during such period with respect to such an
individual, that contains information on how such an individual
may obtain such a refill.
``(b) Emergency Area; Emergency Period.--For purposes of this
section, an `emergency area' is a geographical area in which, and an
`emergency period' is the period during which, there exists--
``(1) an emergency or disaster declared by the President
pursuant to the National Emergencies Act or the Robert T.
Stafford Disaster Relief and Emergency Assistance Act; and
``(2) a public health emergency declared by the Secretary
pursuant to section 319.''.
(c) IRC.--
(1) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 9816. PROVISION OF PRESCRIPTION DRUG REFILL NOTIFICATIONS DURING
EMERGENCIES.
``(a) In General.--A group health plan that provides benefits for
prescription drugs under such plan shall provide to each individual
enrolled under such plan who resides in an emergency area during an
emergency period, not later than 5 business days after the date of the
beginning of such period with respect to such area (or, the case of the
emergency period described in section 70305(d)(2) of the Take
Responsibility for Workers and Families Act, not later than 5 business
days after the date of the enactment of this section), a notification--
``(1) of whether such plan will waive, during such period
with respect to such an individual, any time restrictions under
such plan on any authorized refills for such drugs to enable
such refills in advance of when such refills would otherwise
have been permitted under such plan; and
``(2) in the case that such plan will waive such
restrictions during such period with respect to such an
individual, that contains information on how such an individual
may obtain such a refill.
``(b) Emergency Area; Emergency Period.--For purposes of this
section, an `emergency area' is a geographical area in which, and an
`emergency period' is the period during which, there exists--
``(1) an emergency or disaster declared by the President
pursuant to the National Emergencies Act or the Robert T.
Stafford Disaster Relief and Emergency Assistance Act; and
``(2) a public health emergency declared by the Secretary
pursuant to section 319 of the Public Health Service Act.''.
(2) Clerical amendment.--The table of sections for
subchapter B of chapter 100 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 9816. Provision of prescription drug refill notifications during
emergencies.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to--
(1) emergency periods beginning on or after the date of the
enactment of this Act; and
(2) the emergency period relating to the public health
emergency declared by the Secretary of Health and Human
Services pursuant to section 319 of the Public Health Service
Act on January 31, 2020, entitled ``Determination that a Public
Health Emergency Exists Nationwide as the Result of the 2019
Novel Coronavirus''.
SEC. 70306. IMPROVEMENT OF CERTAIN NOTIFICATIONS PROVIDED TO QUALIFIED
BENEFICIARIES BY GROUP HEALTH PLANS IN THE CASE OF
QUALIFYING EVENTS.
(a) Employee Retirement Income Security Act of 1974.--
(1) In general.--Section 606 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1166) is amended--
(A) in subsection (a)(4), in the matter following
subparagraph (B), by striking ``under this subsection''
and inserting ``under this part in accordance with the
notification requirements under subsection (c)''; and
(B) in subsection (c)--
(i) by striking ``For purposes of
subsection (a)(4), any notification'' and
inserting ``For purposes of subsection (a)(4)--
``(1) any notification'';
(ii) by striking ``, whichever is
applicable, and any such notification'' and
inserting ``of subsection (a), whichever is
applicable;
``(2) any such notification''; and
(iii) by striking ``such notification is
made'' and inserting ``such notification is
made; and
``(3) any such notification shall, with respect to each
qualified beneficiary with respect to whom such notification is
made, include information regarding any Exchange established
under title I of the Patient Protection and Affordable Care Act
through which such a qualified beneficiary may be eligible to
enroll in a qualified health plan (as defined in section 1301
of the Patient Protection and Affordable Care Act), including--
``(A) the publicly accessible Internet website
address for such Exchange;
``(B) the publicly accessible Internet website
address for the Find Local Help directory maintained by
the Department of Health and Human Services on the
healthcare.gov Internet website (or a successor
website);
``(C) a clear explanation that--
``(i) an individual who is eligible for
continuation coverage may also be eligible to
enroll, with financial assistance, in a
qualified health plan offered through such
Exchange, but, in the case that such individual
elects to enroll in such continuation coverage
and subsequently elects to terminate such
continuation coverage before the period of such
continuation coverage expires, such individual
will not be eligible to enroll in a qualified
health plan offered through such Exchange
during a special enrollment period; and
``(ii) an individual who elects to enroll
in continuation coverage will remain eligible
to enroll in a qualified health plan offered
through such Exchange during an open enrollment
period and may be eligible for financial
assistance with respect to enrolling in such a
qualified health plan;
``(D) information on consumer protections with
respect to enrolling in a qualified health plan offered
through such Exchange, including the requirement for
such a qualified health plan to provide coverage for
essential health benefits (as defined in section
1302(b) of the Patient Protection and Affordable Care
Act) and the requirements applicable to such a
qualified health plan under part A of title XXVII of
the Public Health Service Act; and
``(E) information on the availability of financial
assistance with respect to enrolling in a qualified
health plan, including the maximum income limit for
eligibility for a premium tax credit under section 36B
of the Internal Revenue Code of 1986.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to qualifying events occurring on or
after the date that is 14 days after the date of the enactment
of this Act.
(b) Public Health Service Act.--
(1) In general.--Section 2206 of the Public Health Service
Act (42 U.S.C. 300bb-6) is amended--
(A) by striking ``In accordance'' and inserting the
following:
``(a) In General.--In accordance'';
(B) by striking ``of such beneficiary's rights
under this subsection'' and inserting ``of such
beneficiary's rights under this title in accordance
with the notification requirements under subsection
(b)''; and
(C) by striking ``For purposes of paragraph (4),''
and all that follows through ``such notification is
made.'' and inserting the following:
``(b) Rules Relating to Notification of Qualified Beneficiaries by
Plan Administrator.--For purposes of subsection (a)(4)--
``(1) any notification shall be made within 14 days of the
date on which the plan administrator is notified under
paragraph (2) or (3) of subsection (a), whichever is
applicable;
``(2) any such notification to an individual who is a
qualified beneficiary as the spouse of the covered employee
shall be treated as notification to all other qualified
beneficiaries residing with such spouse at the time such
notification is made; and
``(3) any such notification shall, with respect to each
qualified beneficiary with respect to whom such notification is
made, include information regarding any Exchange established
under title I of the Patient Protection and Affordable Care Act
through which such a qualified beneficiary may be eligible to
enroll in a qualified health plan (as defined in section 1301
of the Patient Protection and Affordable Care Act), including--
``(A) the publicly accessible Internet website
address for such Exchange;
``(B) the publicly accessible Internet website
address for the Find Local Help directory maintained by
the Department of Health and Human Services on the
healthcare.gov Internet website (or a successor
website);
``(C) a clear explanation that--
``(i) an individual who is eligible for
continuation coverage may also be eligible to
enroll, with financial assistance, in a
qualified health plan offered through such
Exchange, but, in the case that such individual
elects to enroll in such continuation coverage
and subsequently elects to terminate such
continuation coverage before the period of such
continuation coverage expires, such individual
will not be eligible to enroll in a qualified
health plan offered through such Exchange
during a special enrollment period; and
``(ii) an individual who elects to enroll
in continuation coverage will remain eligible
to enroll in a qualified health plan offered
through such Exchange during an open enrollment
period and may be eligible for financial
assistance with respect to enrolling in such a
qualified health plan;
``(D) information on consumer protections with
respect to enrolling in a qualified health plan offered
through such Exchange, including the requirement for
such a qualified health plan to provide coverage for
essential health benefits (as defined in section
1302(b) of the Patient Protection and Affordable Care
Act) and the requirements applicable to such a
qualified health plan under part A of title XXVII; and
``(E) information on the availability of financial
assistance with respect to enrolling in a qualified
health plan, including the maximum income limit for
eligibility for a premium tax credit under section 36B
of the Internal Revenue Code of 1986.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to qualifying events occurring on or
after the date that is 14 days after the date of the enactment
of this Act.
(c) Internal Revenue Code of 1986.--
(1) In general.--Section 4980B(f)(6) of the Internal
Revenue Code of 1986 is amended--
(A) in subparagraph (D)--
(i) in clause (ii), by striking ``under
subparagraph (C)'' and inserting ``under clause
(iii)''; and
(ii) by redesignating clauses (i) and (ii)
as subclauses (I) and (II), respectively, and
moving the margin of each such subclause, as so
redesignated, 2 ems to the right;
(B) by redesignating subparagraphs (A) through (D)
as clauses (i) through (iv), respectively, and moving
the margin of each such clause, as so redesignated, 2
ems to the right;
(C) by striking ``In accordance'' and inserting the
following:
``(A) In general.--In accordance'';
(D) by inserting after ``of such beneficiary's
rights under this subsection'' the following: ``in
accordance with the notification requirements under
subparagraph (C)''; and
(E) by striking ``The requirements of subparagraph
(B)'' and all that follows through ``such notification
is made.'' and inserting the following:
``(B) Alternative means of compliance with
requirement for notification of multiemployer plans by
employers.--The requirements of subparagraph (A)(ii)
shall be considered satisfied in the case of a
multiemployer plan in connection with a qualifying
event described in paragraph (3)(B) if the plan
provides that the determination of the occurrence of
such qualifying event will be made by the plan
administrator.
``(C) Rules relating to notification of qualified
beneficiaries by plan administrator.--For purposes of
subparagraph (A)(iv)--
``(i) any notification shall be made within
14 days (or, in the case of a group health plan
which is a multiemployer plan, such longer
period of time as may be provided in the terms
of the plan) of the date on which the plan
administrator is notified under clause (ii) or
(iii) of subparagraph (A), whichever is
applicable;
``(ii) any such notification to an
individual who is a qualified beneficiary as
the spouse of the covered employee shall be
treated as notification to all other qualified
beneficiaries residing with such spouse at the
time such notification is made; and
``(iii) any such notification shall, with
respect to each qualified beneficiary with
respect to whom such notification is made,
include information regarding any Exchange
established under title I of the Patient
Protection and Affordable Care Act through
which such a qualified beneficiary may be
eligible to enroll in a qualified health plan
(as defined in section 1301 of the Patient
Protection and Affordable Care Act),
including--
``(I) the publicly accessible
Internet website address for such
Exchange;
``(II) the publicly accessible
Internet website address for the Find
Local Help directory maintained by the
Department of Health and Human Services
on the healthcare.gov Internet website
(or a successor website);
``(III) a clear explanation that--
``(aa) an individual who is
eligible for continuation
coverage may also be eligible
to enroll, with financial
assistance, in a qualified
health plan offered through
such Exchange, but, in the case
that such individual elects to
enroll in such continuation
coverage and subsequently
elects to terminate such
continuation coverage before
the period of such continuation
coverage expires, such
individual will not be eligible
to enroll in a qualified health
plan offered through such
Exchange during a special
enrollment period; and
``(bb) an individual who
elects to enroll in
continuation coverage will
remain eligible to enroll in a
qualified health plan offered
through such Exchange during an
open enrollment period and may
be eligible for financial
assistance with respect to
enrolling in such a qualified
health plan;
``(IV) information on consumer
protections with respect to enrolling
in a qualified health plan offered
through such Exchange, including the
requirement for such a qualified health
plan to provide coverage for essential
health benefits (as defined in section
1302(b) of the Patient Protection and
Affordable Care Act) and the
requirements applicable to such a
qualified health plan under part A of
title XXVII of the Public Health
Service Act; and
``(V) information on the
availability of financial assistance
with respect to enrolling in a
qualified health plan, including the
maximum income limit for eligibility
for a premium tax credit under section
36B.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to qualifying events occurring on or
after the date that is 14 days after the date of the enactment
of this Act.
(d) Model Notices.--Not later than 14 days after the date of the
enactment of this Act, the Secretary of the Labor, in consultation with
the Secretary of the Treasury and the Secretary of Health and Human
Services, shall--
(1) update the model Consolidated Omnibus Budget
Reconciliation Act of 1985 (referred to in this subsection as
``COBRA'') continuation coverage general notice and the model
COBRA continuation coverage election notice developed by the
Secretary of Labor for purposes of facilitating compliance of
group health plans with the notification requirements under
section 606 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1166) to include the information described in
paragraph (3) of subsection (c) of such section 606, as added
by subsection (a)(1);
(2) provide an opportunity for consumer testing of each
such notice, as so updated, to ensure that each such notice is
clear and understandable to the average participant or
beneficiary of a group health plan; and
(3) rename the model COBRA continuation coverage general
notice and the model COBRA continuation coverage election
notice as the ``model COBRA continuation coverage and
Affordable Care Act coverage general notice'' and the ``model
COBRA continuation coverage and Affordable Care Act coverage
election notice'', respectively.
SEC. 70307. PRESERVING HEALTH BENEFITS FOR WORKERS.
(a) Premium Assistance for COBRA Continuation Coverage for
Individuals and Their Families.--
(1) Provision of premium assistance.--
(A) Reduction of premiums payable.--In the case of
any premium for a period of coverage beginning on or
after the date of the enactment of this Act for COBRA
continuation coverage with respect to any assistance
eligible individual, such individual shall be treated
for purposes of any COBRA continuation provision as
having paid the amount of such premium if such
individual pays (or a person other than such
individual's employer pays on behalf of such
individual) 0 percent of the amount of such premium (as
determined without regard to this subsection).
(B) Plan enrollment option.--
(i) In general.--Notwithstanding the COBRA
continuation provisions, an assistance eligible
individual may, not later than 90 days after
the date of notice of the plan enrollment
option described in this subparagraph, elect to
enroll in coverage under a plan offered by the
employer involved, or the employee organization
involved (including, for this purpose, a joint
board of trustees of a multiemployer trust
affiliated with one or more multiemployer
plans), that is different than coverage under
the plan in which such individual was enrolled
at the time the qualifying event occurred, and
such coverage shall be treated as COBRA
continuation coverage for purposes of the
applicable COBRA continuation coverage
provision.
(ii) Requirements.--An assistance eligible
individual may elect to enroll in different
coverage as described in clause (i) only if--
(I) the employer involved has made
a determination that such employer will
permit assistance eligible individuals
to enroll in different coverage as
provided for this subparagraph;
(II) the premium for such different
coverage does not exceed the premium
for coverage in which the individual
was enrolled at the time the qualifying
event occurred;
(III) the different coverage in
which the individual elects to enroll
is coverage that is also offered to the
active employees of the employer at the
time at which such election is made;
and
(IV) the different coverage is
not--
(aa) coverage that provides
only dental, vision,
counseling, or referral
services (or a combination of
such services);
(bb) a flexible spending
arrangement (as defined in
section 106(c)(2) of the
Internal Revenue Code of 1986);
or
(cc) coverage that provides
coverage for services or
treatments furnished in an on-
site medical facility
maintained by the employer and
that consists primarily of
first-aid services, prevention
and wellness care, or similar
care (or a combination of such
care).
(C) Premium reimbursement.--For provisions
providing the payment of such premium, see section 6432
of the Internal Revenue Code of 1986, as added by
paragraph (12).
(2) Limitation of period of premium assistance.--
(A) Eligibility for additional coverage.--Paragraph
(1)(A) shall not apply with respect to any assistance
eligible individual for months of coverage beginning on
or after--
(i) the earlier of the first date that such
individual is eligible for coverage under any
other group health plan (other than coverage
consisting of only dental, vision, counseling,
or referral services (or a combination
thereof), coverage under a flexible spending
arrangement (as defined in section 106(c)(2) of
the Internal Revenue Code of 1986), coverage of
treatment that is furnished in an on-site
medical facility maintained by the employer and
that consists primarily of first-aid services,
prevention and wellness care, or similar care
(or a combination thereof)), is eligible for
benefits under title XVIII of the Social
Security Act, or enrolls in a qualified health
plan (as defined in section 1301(a) of the
Patient Protection and Affordable Care Act (42
U.S.C. 18021(a)) offered through an Exchange
established under title I of the Patient
Protection and Affordable Care Act; and
(ii) the earliest of--
(I) the date which is 9 months
after the first day of the first month
that paragraph (1)(A) applies with
respect to such individual;
(II) the date following the
expiration of the maximum period of
continuation coverage required under
the applicable COBRA continuation
coverage provision; or
(III) the date following the
expiration of the period of
continuation coverage allowed under
paragraph (4)(B)(ii).
(B) Timing of eligibility for additional
coverage.--For purposes of subparagraph (A)(i), an
individual shall not be treated as eligible for
coverage under a group health plan before the first
date on which such individual could be covered under
such plan.
(C) Notification requirement.--An assistance
eligible individual shall notify in writing the group
health plan with respect to which paragraph (1)(A)
applies if such paragraph ceases to apply by reason of
subparagraph (A)(i). Such notice shall be provided to
the group health plan in such time and manner as may be
specified by the Secretary of Labor.
(3) Assistance eligible individual.--For purposes of this
section, the term ``assistance eligible individual'' means any
qualified beneficiary if--
(A) at any time 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)) such
qualified beneficiary is eligible for COBRA
continuation coverage by reason of qualifying event
specified in section 603(2) of the Employee Retirement
Income Security Act of 1974, section 4980B(f)(3)(B) of
the Internal Revenue Code of 1986, section 2203(2) of
the Public Health Service Act, or section 8905a of
title 5, United States Code; and
(B) such qualified beneficiary elects such
coverage.
(4) Extension of election period and effect on coverage.--
(A) In general.--For purposes of applying section
605(a) of the Employee Retirement Income Security Act
of 1974, section 4980B(f)(5)(A) of the Internal Revenue
Code of 1986, section 2205(a) of the Public Health
Service Act, and section 8905a(c)(2) of title 5, United
States Code, in the case of--
(i) an individual who does not have an
election of COBRA continuation coverage in
effect on the date of the enactment of this Act
but who would be an assistance eligible
individual if such election were so in effect;
or
(ii) an individual who elected COBRA
continuation coverage on or after the first
date 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)) and
disenrolled from such coverage before the date
of the enactment of this Act;
such individual may elect the COBRA continuation
coverage under the COBRA continuation coverage
provisions containing such sections during the period
beginning on the date of the enactment of this Act and
ending 60 days after the date on which the notification
required under paragraph (7)(C) is provided to such
individual.
(B) Commencement of coverage; no reach-back.--Any
COBRA continuation coverage elected by a qualified
beneficiary during an extended election period under
subparagraph (A)--
(i) shall commence with the first period of
coverage beginning on or after the date of the
enactment of this Act; and
(ii) shall not extend beyond the period of
COBRA continuation coverage that would have
been required under the applicable COBRA
continuation coverage provision if the coverage
had been elected as required under such
provision.
(5) Expedited review of denials of premium assistance.--In
any case in which an individual requests treatment as an
assistance eligible individual and is denied such treatment by
the group health plan, the Secretary of Labor (or the Secretary
of Health and Human Services in connection with COBRA
continuation coverage which is provided other than pursuant to
part 6 of subtitle B of title I of the Employee Retirement
Income Security Act of 1974), in consultation with the
Secretary of the Treasury, shall provide for expedited review
of such denial. An individual shall be entitled to such review
upon application to such Secretary in such form and manner as
shall be provided by such Secretary. Such Secretary shall make
a determination regarding such individual's eligibility within
15 business days after receipt of such individual's application
for review under this paragraph. Either Secretary's
determination upon review of the denial shall be de novo and
shall be the final determination of such Secretary. A reviewing
court shall grant deference to such Secretary's determination.
The provisions of this paragraph, paragraphs (1) through (4),
and paragraph (7) shall be treated as provisions of title I of
the Employee Retirement Income Security Act of 1974 for
purposes of part 5 of subtitle B of such title.
(6) Disregard of subsidies for purposes of federal and
state programs.--Notwithstanding any other provision of law,
any premium reduction with respect to an assistance eligible
individual under this subsection shall not be considered income
or resources in determining eligibility for, or the amount of
assistance or benefits provided under, any other public benefit
provided under Federal law or the law of any State or political
subdivision thereof.
(7) Notices to individuals.--
(A) General notice.--
(i) In general.--In the case of notices
provided under section 606(a)(4) of the
Employee Retirement Income Security Act of 1974
(29 U.S.C. 1166(4)), section 4980B(f)(6)(D) of
the Internal Revenue Code of 1986, section
2206(4) of the Public Health Service Act (42
U.S.C. 300bb-6(4)), or section 8905a(f)(2)(A)
of title 5, United States Code, with respect to
individuals who, during the period described in
paragraph (3)(A), become entitled to elect
COBRA continuation coverage, the requirements
of such sections shall not be treated as met
unless such notices include an additional
notification to the recipient of--
(I) the availability of premium
reduction with respect to such coverage
under this subsection; and
(II) the option to enroll in
different coverage if the employer
permits assistance eligible individuals
to elect enrollment in different
coverage (as described in paragraph
(1)(B)).
(ii) Alternative notice.--In the case of
COBRA continuation coverage to which the notice
provision under such sections does not apply,
the Secretary of Labor, in consultation with
the Secretary of the Treasury and the Secretary
of Health and Human Services, shall, in
consultation with administrators of the group
health plans (or other entities) that provide
or administer the COBRA continuation coverage
involved, provide rules requiring the provision
of such notice.
(iii) Form.--The requirement of the
additional notification under this subparagraph
may be met by amendment of existing notice
forms or by inclusion of a separate document
with the notice otherwise required.
(B) Specific requirements.--Each additional
notification under subparagraph (A) shall include--
(i) the forms necessary for establishing
eligibility for premium reduction under this
subsection;
(ii) the name, address, and telephone
number necessary to contact the plan
administrator and any other person maintaining
relevant information in connection with such
premium reduction;
(iii) a description of the extended
election period provided for in paragraph
(4)(A);
(iv) a description of the obligation of the
qualified beneficiary under paragraph (2)(C) to
notify the plan providing continuation coverage
of eligibility for subsequent coverage under
another group health plan or eligibility for
benefits under title XVIII of the Social
Security Act and the penalty provided under
section 6720C of the Internal Revenue Code of
1986 for failure to so notify the plan;
(v) a description, displayed in a prominent
manner, of the qualified beneficiary's right to
a reduced premium and any conditions on
entitlement to the reduced premium;
(vi) a description of the option of the
qualified beneficiary to enroll in different
coverage if the employer permits such
beneficiary to elect to enroll in such
different coverage under paragraph (1)(B);
(vii) information regarding any Exchange
established under title I of the Patient
Protection and Affordable Care Act through
which a qualified beneficiary may be eligible
to enroll in a qualified health plan,
including--
(I) the publicly accessible
internet website address for such
Exchange;
(II) the publicly accessible
internet website address for the Find
Local Help directory maintained by the
Department of Health and Human Services
on the healthcare.gov internet website
(or a successor website);
(III) a clear explanation that--
(aa) an individual who is
eligible for continuation
coverage may also be eligible
to enroll, with financial
assistance, in a qualified
health plan offered through
such Exchange, but, in the case
that such individual elects to
enroll in such continuation
coverage and subsequently
elects to terminate such
continuation coverage before
the period of such continuation
coverage expires, such
individual will not be eligible
to enroll in a qualified health
plan offered through such
Exchange during a special
enrollment period; and
(bb) an individual who
elects to enroll in
continuation coverage will
remain eligible to enroll in a
qualified health plan offered
through such Exchange during an
open enrollment period and may
be eligible for financial
assistance with respect to
enrolling in such a qualified
health plan;
(IV) information on consumer
protections with respect to enrolling
in a qualified health plan offered
through such Exchange, including the
requirement for such a qualified health
plan to provide coverage for essential
health benefits (as defined in section
1302(b) of such Act (42 U.S.C.
18022(b))) and the requirements
applicable to such a qualified health
plan under part A of title XXVII of the
Public Health Service Act (42 U.S.C.
300gg et seq.); and
(V) information on the availability
of financial assistance with respect to
enrolling in a qualified health plan,
including the maximum income limit for
eligibility for a premium tax credit
under section 36B of the Internal
Revenue Code of 1986.
(C) Notice in connection with extended election
periods.--In the case of any assistance eligible
individual (or any individual described in paragraph
(4)(A)) who became entitled to elect COBRA continuation
coverage before the date of the enactment of this Act,
the administrator of the group health plan (or other
entity) involved shall provide (within 60 days after
the date of enactment of this Act) for the additional
notification required to be provided under subparagraph
(A) and failure to provide such notice shall be treated
as a failure to meet the notice requirements under the
applicable COBRA continuation provision.
(D) Model notices.--Not later than 30 days after
the date of enactment of this Act--
(i) the Secretary of the Labor, in
consultation with the Secretary of the Treasury
and the Secretary of Health and Human Services,
shall prescribe models for the additional
notification required under this paragraph
(other than the additional notification
described in clause (ii)); and
(ii) in the case of any additional
notification provided pursuant to subparagraph
(A) under section 8905a(f)(2)(A) of title 5,
United States Code, the Office of Personnel
Management shall prescribe a model for such
additional notification.
(8) Regulations.--The Secretary of the Treasury may
prescribe such regulations or other guidance as may be
necessary or appropriate to carry out the provisions of this
subsection, including the prevention of fraud and abuse under
this subsection, except that the Secretary of Labor and the
Secretary of Health and Human Services may prescribe such
regulations (including interim final regulations) or other
guidance as may be necessary or appropriate to carry out the
provisions of paragraphs (5), (7), and (9).
(9) Outreach.--The Secretary of Labor, in consultation with
the Secretary of the Treasury and the Secretary of Health and
Human Services, shall provide outreach consisting of public
education and enrollment assistance relating to premium
reduction provided under this subsection. Such outreach shall
target employers, group health plan administrators, public
assistance programs, States, insurers, and other entities as
determined appropriate by such Secretaries. Such outreach shall
include an initial focus on those individuals electing
continuation coverage who are referred to in paragraph (7)(C).
Information on such premium reduction, including enrollment,
shall also be made available on websites of the Departments of
Labor, Treasury, and Health and Human Services.
(10) Definitions.--For purposes of this section:
(A) Administrator.--The term ``administrator'' has
the meaning given such term in section 3(16)(A) of the
Employee Retirement Income Security Act of 1974.
(B) COBRA continuation coverage.--The term ``COBRA
continuation coverage'' means continuation coverage
provided pursuant to part 6 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974
(other than under section 609), title XXII of the
Public Health Service Act, section 4980B of the
Internal Revenue Code of 1986 (other than subsection
(f)(1) of such section insofar as it relates to
pediatric vaccines), or section 8905a of title 5,
United States Code, or under a State program that
provides comparable continuation coverage. Such term
does not include coverage under a health flexible
spending arrangement under a cafeteria plan within the
meaning of section 125 of the Internal Revenue Code of
1986.
(C) COBRA continuation provision.--The term ``COBRA
continuation provision'' means the provisions of law
described in subparagraph (B).
(D) Covered employee.--The term ``covered
employee'' has the meaning given such term in section
607(2) of the Employee Retirement Income Security Act
of 1974.
(E) Qualified beneficiary.--The term ``qualified
beneficiary'' has the meaning given such term in
section 607(3) of the Employee Retirement Income
Security Act of 1974.
(F) Group health plan.--The term ``group health
plan'' has the meaning given such term in section
607(1) of the Employee Retirement Income Security Act
of 1974.
(G) State.--The term ``State'' includes the
District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(H) Period of coverage.--Any reference in this
subsection to a period of coverage shall be treated as
a reference to a monthly or shorter period of coverage
with respect to which premiums are charged with respect
to such coverage.
(11) Reports.--
(A) Interim report.--The Secretary of the Treasury
shall submit an interim report to the Committee on
Education and Labor, the Committee on Ways and Means,
and the Committee on Energy and Commerce of the House
of Representatives and the Committee on Health,
Education, Labor, and Pensions and the Committee on
Finance of the Senate regarding the premium reduction
provided under this subsection that includes--
(i) the number of individuals provided such
assistance as of the date of the report; and
(ii) the total amount of expenditures
incurred (with administrative expenditures
noted separately) in connection with such
assistance as of the date of the report.
(B) Final report.--As soon as practicable after the
last period of COBRA continuation coverage for which
premium reduction is provided under this section, the
Secretary of the Treasury shall submit a final report
to each Committee referred to in subparagraph (A) that
includes--
(i) the number of individuals provided
premium reduction under this section;
(ii) the average dollar amount (monthly and
annually) of premium reductions provided to
such individuals; and
(iii) the total amount of expenditures
incurred (with administrative expenditures
noted separately) in connection with premium
reduction under this section.
(12) COBRA premium assistance.--
(A) In general.--Subchapter B of chapter 65 of the
Internal Revenue Code of 1986 is amended by adding at
the end the following new section:
``SEC. 6432. COBRA PREMIUM ASSISTANCE.
``(a) In General.--The person to whom premiums are payable under
COBRA continuation coverage shall be reimbursed as provided in
subsection (c) for the amount of premiums not paid by assistance
eligible individuals by reason of section 70307 of the Take
Responsibility for Workers and Families Act.
``(b) Person Entitled to Reimbursement.--For purposes of subsection
(a), except as otherwise provided by the Secretary, the person to whom
premiums are payable under COBRA continuation coverage shall be treated
as being--
``(1) in the case of any group health plan which is a
multiemployer plan (as defined in section 3(37) of the Employee
Retirement Income Security Act of 1974), the plan,
``(2) in the case of any group health plan not described in
paragraph (1)--
``(A) which is subject to the COBRA continuation
provisions contained in--
``(i) this title,
``(ii) the Employee Retirement Income
Security Act of 1974,
``(iii) the Public Health Service Act, or
``(iv) title 5, United States Code, or
``(B) under which some or all of the coverage is
not provided by insurance,
the employer maintaining the plan, and
``(3) in the case of any group health plan not described in
paragraph (1) or (2), the insurer providing the coverage under
the group health plan.
``(c) Method of Reimbursement.--Except as otherwise provided by the
Secretary--
``(1) Treatment as payment of payroll taxes.--Each person
entitled to reimbursement under subsection (a) (and filing a
claim for such reimbursement at such time and in such manner as
the Secretary may require) shall be treated for purposes of
this title and section 1324(b)(2) of title 31, United States
Code, as having paid to the Secretary, on the date that the
assistance eligible individual's premium payment is received,
payroll taxes in an amount equal to the portion of such
reimbursement which relates to such premium. To the extent that
the amount treated as paid under the preceding sentence exceeds
the amount of such person's liability for such taxes, the
Secretary shall credit or refund such excess in the same manner
as if it were an overpayment of such taxes.
``(2) Overstatements.--Any overstatement of the
reimbursement to which a person is entitled under this section
(and any amount paid by the Secretary as a result of such
overstatement) shall be treated as an underpayment of payroll
taxes by such person and may be assessed and collected by the
Secretary in the same manner as payroll taxes.
``(3) Reimbursement contingent on payment of remaining
premium.--No reimbursement may be made under this section to a
person with respect to any assistance eligible individual until
after the reduced premium required under section 70307 of such
Act with respect to such individual has been received.
``(d) Definitions.--For purposes of this section--
``(1) Payroll taxes.--The term `payroll taxes' means--
``(A) amounts required to be deducted and withheld
for the payroll period under section 3402 (relating to
wage withholding),
``(B) amounts required to be deducted for the
payroll period under section 3102 (relating to FICA
employee taxes), and
``(C) amounts of the taxes imposed for the payroll
period under section 3111 (relating to FICA employer
taxes).
``(2) Person.--The term `person' includes any governmental
entity.
``(e) Reporting.--Each person entitled to reimbursement under
subsection (a) for any period shall submit such reports (at such time
and in such manner) as the Secretary may require, including--
``(1) an attestation of involuntary termination of
employment for each covered employee on the basis of whose
termination entitlement to reimbursement is claimed under
subsection (a),
``(2) a report of the amount of payroll taxes offset under
subsection (a) for the reporting period and the estimated
offsets of such taxes for the subsequent reporting period in
connection with reimbursements under subsection (a), and
``(3) a report containing the TINs of all covered
employees, the amount of subsidy reimbursed with respect to
each covered employee and qualified beneficiaries, and a
designation with respect to each covered employee as to whether
the subsidy reimbursement is for coverage of 1 individual or 2
or more individuals.
``(f) Regulations.--The Secretary shall issue such regulations or
other guidance as may be necessary or appropriate to carry out this
section, including--
``(1) the requirement to report information or the
establishment of other methods for verifying the correct
amounts of reimbursements under this section, and
``(2) the application of this section to group health plans
that are multiemployer plans (as defined in section 3(37) of
the Employee Retirement Income Security Act of 1974).''.
(B) Social security trust funds held harmless.--In
determining any amount transferred or appropriated to
any fund under the Social Security Act, section 6432 of
the Internal Revenue Code of 1986 shall not be taken
into account.
(C) Clerical amendment.--The table of sections for
subchapter B of chapter 65 of the Internal Revenue Code
of 1986 is amended by adding at the end the following
new item:
``Sec. 6432. COBRA premium assistance.''.
(D) Effective date.--The amendments made by this
paragraph shall apply to premiums to which subsection
(a)(1)(A) applies.
(E) Special rule.--
(i) In general.--In the case of an
assistance eligible individual who pays, with
respect to the first period of COBRA
continuation coverage to which subsection
(a)(1)(A) applies or the immediately subsequent
period, the full premium amount for such
coverage, the person to whom such payment is
payable shall--
(I) make a reimbursement payment to
such individual for the amount of such
premium paid in excess of the amount
required to be paid under subsection
(a)(1)(A); or
(II) provide credit to the
individual for such amount in a manner
that reduces one or more subsequent
premium payments that the individual is
required to pay under such subsection
for the coverage involved.
(ii) Reimbursing employer.--A person to
which clause (i) applies shall be reimbursed as
provided for in section 6432 of the Internal
Revenue Code of 1986 for any payment made, or
credit provided, to the employee under such
clause.
(iii) Payment of credits.--Unless it is
reasonable to believe that the credit for the
excess payment in clause (i)(II) will be used
by the assistance eligible individual within
180 days of the date on which the person
receives from the individual the payment of the
full premium amount, a person to which clause
(i) applies shall make the payment required
under such clause to the individual within 60
days of such payment of the full premium
amount. If, as of any day within the 180-day
period, it is no longer reasonable to believe
that the credit will be used during that
period, payment equal to the remainder of the
credit outstanding shall be made to the
individual within 60 days of such day.
(13) Penalty for failure to notify health plan of cessation
of eligibility for premium assistance.--
(A) In general.--Part I of subchapter B of chapter
68 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY HEALTH PLAN OF CESSATION OF
ELIGIBILITY FOR COBRA PREMIUM ASSISTANCE.
``(a) In General.--Any person required to notify a group health
plan under section 70307 of the Take Responsibility for Workers and
Families Act who fails to make such a notification at such time and in
such manner as the Secretary of Labor may require shall pay a penalty
of 110 percent of the premium reduction provided under such section
after termination of eligibility under such subsection.
``(b) Reasonable Cause Exception.--No penalty shall be imposed
under subsection (a) with respect to any failure if it is shown that
such failure is due to reasonable cause and not to willful neglect.''.
(B) Clerical amendment.--The table of sections of
part I of subchapter B of chapter 68 of such Code is
amended by adding at the end the following new item:
``Sec. 6720C. Penalty for failure to notify health plan of cessation of
eligibility for COBRA premium
assistance.''.
(14) Coordination with hctc.--
(A) In general.--Section 35(g)(9) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(9) COBRA premium assistance.--In the case of an
assistance eligible individual who receives premium reduction
for COBRA continuation coverage under section 70307 of the Take
Responsibility for Workers and Families Act for any month
during the taxable year, such individual shall not be treated
as an eligible individual, a certified individual, or a
qualifying family member for purposes of this section or
section 7527 with respect to such month.''.
(B) Effective date.--The amendment made by
subparagraph (A) shall apply to taxable years ending
after the date of the enactment of this Act.
(15) Exclusion of cobra premium assistance from gross
income.--
(A) In general.--Part III of subchapter B of
chapter 1 of the Internal Revenue Code of 1986 is
amended by inserting after section 139B the following
new section:
``SEC. 139I. COBRA PREMIUM ASSISTANCE.
``In the case of an assistance eligible individual (as defined in
section 70307 of the Take Responsibility for Workers and Families Act),
gross income does not include any premium reduction provided under
subsection (a) of such section.''.
(B) Clerical amendment.--The table of sections for
part III of subchapter B of chapter 1 of such Code is
amended by inserting after the item relating to section
139B the following new item:
``Sec. 139I. COBRA premium assistance.''.
(C) Effective date.--The amendments made by this
paragraph shall apply to taxable years ending after the
date of the enactment of this Act.
(b) Preserving Affordable Coverage for Furloughed Workers.--
(1) In general.--The Secretary of Labor, in coordination
with the Secretary of the Treasury, shall establish a process
whereby the premium assistance under subsection (a) shall be
available to an individual who has been subject to a furlough
at any time 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)).
(2) Furlough defined.--
(A) In general.--In this subsection, the term
``furlough'' means a temporary cessation of work at the
will of the employer during which an individual remains
employed and covered under a group health plan.
(B) Group health plan defined.--In this paragraph,
the term ``group health plan'' has the meaning given
such term in section 607(1) of the Employee Retirement
Income Security Act of 1974.
(3) Treatment with respect to internal revenue code of
1986.--For purposes of sections 6432, 6720C, 35(g)(9), and 139I
of the Internal Revenue Code of 1986, any premium assistance
provided pursuant to any process established under this
subsection to individuals who have been subject to a furlough
shall be treated in the same manner as premium assistance for
COBRA continuation coverage.
(c) Elimination of Premium Subsidy for High-Income Individuals.--
(1) Recapture of subsidy for high-income individuals.--If--
(A) premium assistance is provided under this
section with respect to any COBRA continuation coverage
which covers the taxpayer, the taxpayer's spouse, or
any dependent (within the meaning of section 152 of the
Internal Revenue Code of 1986, determined without
regard to subsections (b)(1), (b)(2), and (d)(1)(B)
thereof) of the taxpayer during any portion of the
taxable year, and
(B) the taxpayer's modified adjusted gross income
for such taxable year exceeds $125,000 ($250,000 in the
case of a joint return),
then the tax imposed by chapter 1 of such Code with respect to
the taxpayer for such taxable year shall be increased by the
amount of such assistance.
(2) Phase-in of recapture.--
(A) In general.--In the case of a taxpayer whose
modified adjusted gross income for the taxable year
does not exceed $145,000 ($290,000 in the case of a
joint return), the increase in the tax imposed under
paragraph (1) shall not exceed the phase-in percentage
of such increase (determined without regard to this
paragraph).
(B) Phase-in percentage.--For purposes of this
subsection, the term ``phase-in percentage'' means the
ratio (expressed as a percentage) obtained by
dividing--
(i) the excess of described in subparagraph
(B) of paragraph (1), by
(ii) $20,000 ($40,000 in the case of a
joint return).
(3) Option for high-income individuals to waive assistance
and avoid recapture.--Notwithstanding subsection (a)(3), an
individual shall not be treated as an assistance eligible
individual for purposes of this section and section 6432 of the
Internal Revenue Code of 1986 if such individual--
(A) makes a permanent election (at such time and in
such form and manner as the Secretary of the Treasury
may prescribe) to waive the right to the premium
assistance provided under this section, and
(B) notifies the entity to whom premiums are
reimbursed under section 6432(a) of such Code of such
election.
(4) Modified adjusted gross income.--For purposes of this
subsection, the term ``modified gross income'' means the
adjusted gross income (as defined in section 62 of the Internal
Revenue Code of 1986) of the taxpayer for the taxable year
increased by any amount excluded from gross income under
section 911, 931, or 933 of such Code.
(5) Credits not allowed against tax, etc.--For purposes
determining regular tax liability under section 26(b) of such
Code, the increase in tax under this subsection shall not be
treated as a tax imposed under chapter 1 of such Code.
(6) Regulations.--The Secretary of the Treasury shall issue
such regulations or other guidance as are necessary or
appropriate to carry out this subsection, including
requirements that the entity to whom premiums are reimbursed
under section 6432(a) of the Internal Revenue Code of 1986
report to the Secretary, and to each assistance eligible
individual, the amount of premium assistance provided under
subsection (a) with respect to each such individual.
(7) Effective date.--The provisions of this subsection
shall apply to taxable years ending after the date of the
enactment of this Act.
SEC. 70308. RISK CORRIDOR PROGRAM.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall establish and
administer a program of risk corridors for plan years 2020 and 2021
under which the Secretary shall make payments to health insurance
issuers offering health insurance coverage in the individual or small
group market based on the ratio of the allowable costs of the coverage
to the aggregate premiums of the coverage.
(b) Payment Methodology.--The Secretary shall provide under the
program established under subsection (a) that if the allowable costs
for a health insurance issuer offering health insurance coverage in the
individual or small group market for any plan year are more than 105
percent of the target amount, the Secretary shall pay to the issuer an
amount equal to 75 percent of the allowable costs in excess of 105
percent of the target amount.
(c) Information Collection.--The Secretary shall establish a
process under which information is collected from health insurance
issuers offering health insurance coverage in the individual or small
group market for purposes of carrying out this section.
(d) Definitions.--
(1) Allowable costs.--
(A) In general.--The amount of allowable costs of a
health insurance issuer offering health insurance
coverage in the individual or small group market for
any year is an amount equal to the total costs (other
than administrative costs) of such issuer in providing
benefits covered by such coverage.
(B) Certain reductions.--Allowable costs shall
reduced by any--
(i) risk adjustment payments received under
section 1341 of the Patient Protection and
Affordable Care Act (42 U.S.C. 18061);
(ii) reinsurance payments received pursuant
to a waiver approved under section 1332 of such
Act (42 U.S.C. 18052); and
(iii) payments received pursuant to section
70304.
(2) Additional terms.--For purposes of this section, the
terms ``health insurance issuer'', ``health insurance
coverage'', ``individual market'', and ``small group market''
have the meanings given such terms in section 2791 of the
Public Health Service Act (42 U.S.C. 300gg-91).
(3) Target amount.--The target amount of health insurance
coverage offered in the individual or small group market for
any year is an amount equal to the total premiums (including
any premium subsidies under any governmental program), reduced
by the administrative costs of the coverage.
(e) Implementation.--The Secretary of Health and Human Services may
implement the provisions of this section by subregulatory guidance,
program instruction, or otherwise.
(f) Appropriation.--There are appropriated, out of any monies in
the Treasury not otherwise obligated, such sums as may be necessary to
carry out this section.
SEC. 70309. COVERAGE OF IN VITRO DIAGNOSTIC PRODUCTS.
(a) In General.--Section 6001 of division F of the Families First
Coronavirus Response Act (Public Law 116-127) is amended--
(1) by amending subsection (a)(1) to read as follows:
``(1) Qualified in vitro diagnostic products and the
administration of such in vitro diagnostic products.''; and
(2) in subsection (d)--
(A) by striking ``Terms.--The terms'' and inserting
the following: ``Terms.--In this section:
``(1) Health insurance terms.--The terms''; and
(B) by adding at the end the following:
``(2) Qualified in vitro diagnostic product.--
``(A) The term `qualified in vitro diagnostic
product' means an in vitro diagnostic product (as
defined in section 809.3(a) of title 21, Code of
Federal Regulations) for the detection of SARS-CoV-2 or
the diagnosis of the virus that causes COVID-19 that 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, and 360bbb-
3).
``(B) Such term includes an in vitro diagnostic
test that--
``(i) subject to subparagraph (C), is
developed and used in a laboratory certified to
perform high-complexity testing pursuant to
section 353 of the Public Health Service Act
(42 U.S.C. 263a) and with respect to which such
laboratory--
``(I) validates prior to use for
the detection of SARS-CoV-2 or the
diagnosis of the virus that causes
COVID-19, including by obtaining
confirmation of validation using an
assay authorized under section 564 of
the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360bbb-3);
``(II) notifies the Secretary of
such use; and
``(III) includes a statement
together with the results of the test
that reads: `This test has not been FDA
cleared or approved. This test has been
authorized by FDA under an emergency
use authorization for use by authorized
laboratories. This test has been
authorized only for the detection of
nucleic acid from SARS-CoV-2, not for
any other viruses or pathogens';
``(ii) is developed and used in a
laboratory certified to perform high-complexity
testing pursuant to section 353 of the Public
Health Service Act (42 U.S.C. 263a) and such
laboratory--
``(I) is operating under an
authorization of the State (as defined
in section 2 of the Public Health
Service Act (42 U.S.C. 201)) in which
such laboratory is located and such
State has notified the Secretary of its
intention to review tests intended to
diagnose SARS-CoV-2 or diagnose the
virus that causes COVID-19 to be used
in such State;
``(II) has notified the Secretary
of such use for such purpose in such
State; and
``(III) includes a statement
together with the results of the test
that reads: `This test was developed
for use as a part of a response to the
public health emergency declared to
address the outbreak of COVID-19. This
test has not been reviewed by the Food
and Drug Administration'; or
``(iii) is developed by a commercial test
manufacturer that, with respect to such test--
``(I) validates such test prior to
use to detect SARS-CoV-2 or diagnose
the virus that causes COVID-19,
including by obtaining confirmation of
validation using an assay authorized
under section 564 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C.
360bbb-3);
``(II) notifies the Secretary of
such use; and
``(III) includes a statement
together with the results of the test
that reads: `This test has not been FDA
cleared or approved. This test has been
authorized by FDA under an emergency
use authorization for use by authorized
laboratories. This test has been
authorized only for the detection of
nucleic acid from SARS-CoV-2, not for
any other viruses or pathogens'.
``(C) Such term shall not include a test described
in clause (i) or (iii) of subparagraph (B) if--
``(i) the emergency use authorization
request submitted by a laboratory or
manufacturer described in such respective
clause with respect to such test has been
denied; or
``(ii) such laboratory or manufacturer does
not submit such a request within 15 business
days of the notification under subclause (II)
of such respective subparagraph.''.
(b) Conforming Amendment.--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) of division F of the Families First Coronavirus Response
Act) is amended to read as follows:
``(B) qualified in vitro diagnostic products (as
defined in section 6001(d) of division F of the
Families First Coronavirus Response Act) and the
administration of such in vitro diagnostic products;''.
SEC. 70310. SENSE OF CONGRESS REGARDING SURPRISE MEDICAL BILLS.
(a) Findings.--Congress finds the following:
(1) Surprise medical bills can be financially devastating
for consumers.
(2) Surprise medical bills are often unavoidable and occur
in situations where consumers have no ability to reasonably
choose an in-network provider or insurance company networks are
too narrow for consumers to be able to access seamless in-
network care.
(3) Consumers and their financial stability should not be
caught in the middle between insurance companies and health
care providers.
(4) It is imperative that Congress enacts a comprehensive,
long-term solution to protect consumers and end surprise
medical billing.
(5) During the COVID-19 pandemic, consumers across the
country will increasingly require emergency or unanticipated
health care services and at the same time may have limited
access to in-network providers due to the increased demand on
the health care system and it is critical that they are not
deterred from seeking care due to the threat of a surprise
medical bill.
(6) The virus is now spreading faster in the United States
than anywhere else in the world and experts indicate that day
by day, more hospital beds will be full, more resources will be
depleted, and the virus will claim more lives.
(b) Sense of Congress.--It is the sense of the Congress that,
during the COVID-19 pandemic--
(1) heath care providers should refrain from balance
billing consumers for out-of-network claims related to COVID-19
testing or treatment and insurance companies should do their
utmost to secure access to in-network treatment for their plan
participants, including providing adequate reimbursement rates
for services; and
(2) consumers' cost-sharing should be limited to what they
would have paid if the providers testing or treating them for
COVID-19 were in-network for their insurance plan.
TITLE IV--PROVISIONS RELATING TO OLDER AMERICANS ACT OF 1965
SEC. 70401. COMBATING HUNGER FOR OLDER AMERICANS DURING CORONAVIRUS
CRISIS.
(a) Home Delivered Nutrition Services Criteria Applicable Under the
Older Americans Act of 1965 During Fiscal Year 2020 to Respond to the
COVID-19 Public Health Emergency.--For purposes of State agencies
determining the delivery of nutrition services under subpart 2 of part
C of title III of the Older Americans Act of 1965 (42 U.S.C. 3030f et
seq.), during the portion of COVID-19 public health emergency declared
under section 319 of the Public Health Service Act (42 U.S.C. 247d)
that occurs in the period beginning on the date of the enactment of
this Act and ending on September 30, 2020, the State agencies shall
include among individuals receiving delivery because they are homebound
an individual age 60 and older, or an individual with a disability (of
any age), who is unable to obtain nutrition because the individual is
under a quarantine, practicing social distancing, or otherwise unable
to leave home, due to the emergency.
(b) Congregate Nutrition Services Criteria Applicable Under the
Older Americans Act of 1965 During Fiscal Year 2020 to Respond to the
COVID-19 Public Health Emergency.-- If a State demonstrates, to the
satisfaction of the Assistant Secretary (as defined in section 102 of
the Older Americans Act of 1965 (42 U.S.C.3002), that funds received by
the State 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)), including funds transferred under subparagraph (A) of
paragraph (4) of such section without regard to the exception referring
to subparagraph (B) specified in such subparagraph (A), for fiscal year
2020 are insufficient to satisfy the need for services under subpart I
or subpart II of part C of title III of the Older Americans Act of 1965
(42 U.S.C. 3030d-2 et seq.) in fiscal year 2020 during the COVID-19
public health emergency declared under section 319 of the Public Health
Service Act (42 U.S.C. 247d), the Assistant Secretary shall allow State
and area agencies on aging, without prior approval, to transfer up to
100 percent of the funds so received between subpart 1 and subpart 2 of
such part C for use the State or area agency on aging considers
appropriate to meet the needs of the area served.
(c) 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. 3030e
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) that occurs in the period beginning on the date of the enactment
of this Act and ending on September 30, 2020, the Assistant Secretary
for Aging may waive the requirements for emergency meals to comply with
the requirements of clauses (i) and (ii) of section 339(2)(A) of the
Older Americans Act of 1965 (42 U.S.C. 3030g-21(2)(A)).
SEC. 70402. ACCESS OF THE STATE LONG-TERM CARE OMBUDSMAN TO RESIDENTS
OF LONG-TERM CARE FACILITIES DURING THE COVID-19 PUBLIC
HEALTH EMERGENCY IN FISCAL YEAR 2020.
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)
that occurs in the period beginning on the date of the enactment of
this Act and ending on September 30, 2020, the State Long-Term Care
Ombudsman shall have continuing direct access (or other access through
the use of technology to the greatest extent practicable) to residents
of long-term care facilities to provide the services described in
section 712(a)(3)(B) of the Older Americans Act of 1965 (42 U.S.C.
3058h(a)(3)(B)).
SEC. 70403. CONTINUITY OF SERVICE AND OPPORTUNITIES FOR PARTICIPANTS IN
COMMUNITY SERVICE ACTIVITIES UNDER TITLE V OF THE 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 of the Older
Americans Act of 1965 (42 U.S.C. 3056-3056p), the Secretary of Labor--
(1)(A) may allow for individuals participating in such
activities 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 if the Secretary determines such
extension is appropriate due to the effects of the COVID-19
public heath emergency declared under section 319 of the Public
Health Service Act (42 U.S.C. 247d), and
(B) may extend the average participation cap for eligible
individuals applicable to grantees under section 502(b)(1)(C)
of such Act to a cap the Secretary determines is appropriate
due to the effects of the COVID-19 public heath 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 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).
TITLE V--PUBLIC HEALTH POLICIES
Subtitle A--Improving Public Health and Medical Response
SEC. 70501. REIMBURSEMENT FOR ADDITIONAL HEALTH SERVICES RELATING TO
CORONAVIRUS.
Title V of division A of the Families First Coronavirus Response
Act (Public Law 116-127) is amended under the heading ``Department of
Health and Human Services--Office of the Secretary--Public Health and
Social Services Emergency Fund'' is amended by inserting ``, or
treatment related to SARS-CoV-2 or COVID-19 for uninsured individuals''
after ``or visits described in paragraph (2) of such section for
uninsured individuals''.
SEC. 70502. PUBLIC HEALTH DATA SYSTEM TRANSFORMATION.
Subtitle C of title XXVIII of the Public Health Service Act (42
U.S.C. 300hh-31 et seq.) is amended by adding at the end the following:
``SEC. 2822. PUBLIC HEALTH DATA SYSTEM TRANSFORMATION.
``(a) Expanding CDC and Public Health Department Capabilities.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall--
``(A) conduct activities to expand, enhance, and
improve applicable public health data systems used by
the Centers for Disease Control and Prevention, related
to the interoperability and improvement of such systems
(including as it relates to preparedness for,
prevention and detection of, and response to public
health emergencies); and
``(B) award grants or cooperative agreements to
State, local, Tribal, or territorial public health
departments for the expansion and modernization of
public health data systems, to assist public health
departments in--
``(i) assessing current data infrastructure
capabilities and gaps to improve and increase
consistency in data collection, storage,
analysis and, as appropriate, to improve
dissemination of public health-related
information;
``(ii) improving secure public health data
collection, transmission, exchange,
maintenance, and analysis;
``(iii) improving the secure exchange of
data between the Centers for Disease Control
and Prevention, State, local, Tribal, and
territorial public health departments, public
health organizations, and health care
providers, including by public health officials
in multiple jurisdictions within such State, as
appropriate, and by simplifying and supporting
reporting by health care providers, as
applicable, pursuant to State law, including
through the use of health information
technology;
``(iv) enhancing the interoperability of
public health data systems (including systems
created or accessed by public health
departments) with health information
technology, including with health information
technology certified under section 3001(c)(5);
``(v) supporting and training data systems,
data science, and informatics personnel;
``(vi) supporting earlier disease and
health condition detection, such as through
near real-time data monitoring, to support
rapid public health responses;
``(vii) supporting activities within the
applicable jurisdiction related to the
expansion and modernization of electronic case
reporting; and
``(viii) developing and disseminating
information related to the use and importance
of public health data.
``(2) Data standards.--In carrying out paragraph (1), the
Secretary, acting through the Director of the Centers for
Disease Control and Prevention, shall, as appropriate and in
consultation with the Office of the National Coordinator for
Health Information Technology, designate data and technology
standards (including standards for interoperability) for public
health data systems, with deference given to standards
published by consensus-based standards development
organizations with public input and voluntary consensus-based
standards bodies.
``(3) Public-private partnerships.--The Secretary may
develop and utilize public-private partnerships for technical
assistance, training, and related implementation support for
State, local, Tribal, and territorial public health
departments, and the Centers for Disease Control and
Prevention, on the expansion and modernization of electronic
case reporting and public health data systems, as applicable.
``(b) Requirements.--
``(1) Health information technology standards.--The
Secretary may not award a grant or cooperative agreement under
subsection (a)(1)(B) unless the applicant uses or agrees to use
standards endorsed by the National Coordinator for Health
Information Technology pursuant to section 3001(c)(1) or
adopted by the Secretary under section 3004.
``(2) Waiver.--The Secretary may waive the requirement
under paragraph (1) with respect to an applicant if the
Secretary determines that the activities under subsection
(a)(1)(B) cannot otherwise be carried out within the applicable
jurisdiction.
``(3) Application.--A State, local, Tribal, or territorial
health department applying for a grant or cooperative agreement
under this section shall submit an application to the Secretary
at such time and in such manner as the Secretary may require.
Such application shall include information describing--
``(A) the activities that will be supported by the
grant or cooperative agreement; and
``(B) how the modernization of the public health
data systems involved will support or impact the public
health infrastructure of the health department,
including a description of remaining gaps, if any, and
the actions needed to address such gaps.
``(c) Strategy and Implementation Plan.--Not later than 180 days
after the date of enactment of this section, the Secretary, acting
through the Director of the Centers for Disease Control and Prevention,
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 coordinated strategy and an accompanying
implementation plan that identifies and demonstrates the measures the
Secretary will utilize to--
``(1) update and improve applicable public health data
systems used by the Centers for Disease Control and Prevention;
and
``(2) carry out the activities described in this section to
support the improvement of State, local, Tribal, and
territorial public health data systems.
``(d) Consultation.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall consult with
State, local, Tribal, and territorial health departments, professional
medical and public health associations, associations representing
hospitals or other health care entities, health information technology
experts, and other appropriate public or private entities regarding the
plan and grant program to modernize public health data systems pursuant
to this section. Activities under this subsection may include the
provision of technical assistance and training related to the exchange
of information by such public health data systems used by relevant
health care and public health entities at the local, State, Federal,
Tribal, and territorial levels, and the development and utilization of
public-private partnerships for implementation support applicable to
this section.
``(e) Report to Congress.--Not later than 1 year after the date of
enactment of this section, the Secretary shall submit 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
that includes--
``(1) a description of any barriers to--
``(A) public health authorities implementing
interoperable public health data systems and electronic
case reporting;
``(B) the exchange of information pursuant to
electronic case reporting; or
``(C) reporting by health care providers using such
public health data systems, as appropriate, and
pursuant to State law;
``(2) an assessment of the potential public health impact
of implementing electronic case reporting and interoperable
public health data systems; and
``(3) a description of the activities carried out pursuant
to this section.
``(f) Electronic Case Reporting.--In this section, the term
`electronic case reporting' means the automated identification,
generation, and bilateral exchange of reports of health events among
electronic health record or health information technology systems and
public health authorities.
``(g) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $100,000,000 for each of fiscal
years 2021 through 2025.''.
SEC. 70503. REPORTING ON COVID-19 TESTING AND RESULTS.
State and local governments, laboratories, and health systems
receiving funds or assistance pursuant to division A of the Families
First Coronavirus Response Act (Public Law 116-127) or pursuant to
division A of this Act shall ensure that--
(1) the respective State Emergency Operations Center and
State and local public health departments, receive regular and
real-time reporting on data, in a timely manner, on testing and
results, including positive and negative laboratory results, as
well as reporting on cases and severe outcomes resulting from
COVID-19, as determined by the Director of the Centers for
Disease Control and Prevention; and
(2) such data is transmitted in a regular and timely manner
to the Centers for Disease Control and Prevention.
SEC. 70504. CENTERS FOR DISEASE CONTROL AND PREVENTION COVID-19
RESPONSE LINE.
(a) In General.--During the public health emergency declared by the
Secretary of Health and Human Services pursuant to section 319 of the
Public Health Service Act (42 U.S.C. 247d) on January 31, 2020 with
respect to COVID-19, the Secretary, acting through the Director of the
Centers for Disease Control and Prevention, shall maintain a toll-free
telephone number to address public health queries, including questions
concerning COVID-19.
(b) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $10,000,000, to remain available
until expended.
SEC. 70505. AWARENESS CAMPAIGN.
The Secretary of Health and Human Services, acting through the
Director of the Centers for Disease Control and Prevention and in
coordination with other offices and agencies, as appropriate, shall
award competitive grants or contracts to one or more public or private
entities to carry out a national campaign, based on available
scientific evidence, to increase awareness and knowledge of COVID-19,
including countering stigma associated with COVID-19 and improving
information on the availability of diagnostic testing and other related
services at community health centers.
SEC. 70506. ADDITIONAL FUNDING FOR MEDICAL RESERVE CORPS.
Section 2813 of the Public Health Service Act (42 U.S.C. 300hh-15)
is amended by striking ``$11,200,000 for each of fiscal years 2019
through 2023'' and inserting ``$31,200,000 for each of fiscal years
2020 and 2021 and $11,200,000 for each of fiscal years 2022 and 2023''.
SEC. 70507. FLEXIBILITY FOR MEMBERS OF NATIONAL HEALTH SERVICE CORPS
DURING EMERGENCY PERIOD.
Subsection (a) of section 333 of the Public Health Service Act (42
U.S.C. 254f) is amended by adding at the end the following new
paragraph:
``(4) During an emergency period (as defined in section
1135(g)(1) of the Social Security Act, the Secretary may,
notwithstanding this subpart and subpart III, assign members of
the Corps to provide such health services at such places and
for such number of hours as the Secretary determines necessary
to respond to the emergency, provided that--
``(A) the members voluntarily agree to such
assignment and hours;
``(B) the places to which such members are assigned
are within a reasonable distance of the places to which
the respective members were assigned or were to be
assigned absent a waiver under this paragraph; and
``(C) the minimum number of hours required are the
same as were required prior to the date of enactment of
this paragraph.''.
SEC. 70508. READY RESERVE CORPS.
(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.''.
(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 ``(in the case of an officer in the Reserve
Corps)'' each place it appears;
(2) by striking ``the Service'' each place it appears and
inserting ``the Regular Corps'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``or an officer of the
Reserve Corps''; and
(ii) by inserting ``or under section
221(a)(19)'' after ``subsection (a)''; and
(B) in paragraph (2), by striking ``Regular or
Reserve Corps'' and inserting ``Regular Corps or Ready
Reserve Corps''; and
(4) in subsection (f), by striking ``the Regular or Reserve
Corps of''.
(d) Rights, Privileges, etc. of Officers and Surviving
Beneficiaries.--Section 221 of the Public Health Service Act (42 U.S.C.
213a) is amended--
(1) in subsection (a), by adding at the end the following:
``(19) Chapter 1223, Retired Pay for Non-Regular Service.
``(20) Section 12601, Compensation: Reserve on active duty
accepting from any person.
``(21) Section 12684, Reserves: separation for absence
without authority or sentence to imprisonment.''; and
(2) in subsection (b)--
(A) by striking ``Secretary of Health, Education,
and Welfare or his designee'' and inserting ``Secretary
of Health and Human Services or the designee of such
secretary'';
(B) by striking ``(b) The authority vested'' and
inserting the following:
``(b)(1) The authority vested'';
(C) by striking ``For purposes of'' and inserting
the following:
``(2) For purposes of''; and
(D) by adding at the end the following:
``(3) For purposes of paragraph (19) of subsection (a), the terms
`Military department', `Secretary concerned', and `Armed forces' in
such title 10 shall be deemed to include, respectively, the Department
of Health and Human Services, the Secretary of Health and Human
Services, and the Commissioned Corps.''.
SEC. 70509. 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'')
pursuant to 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 are within the scope of the license, registration,
or certification of the volunteer, as defined by the
State of licensure, registration, or certification; 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
(B) the assessment or care of the health of a human
being for 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 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 excludes any
reimbursement for travel to the site where the
volunteer services are being 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) Applicability.--This section applies only with respect to a
claim for a harm caused by an act or omission occurring--
(1) on or after the date of enactment of this Act; and
(2) during the period of the public health emergency
declared by the Secretary of Health and Human Services pursuant
to section 319 of the Public Health Service Act (42 U.S.C.
247d) on January 31, 2020 with respect to COVID-19.
Subtitle B--Tribal Health
SEC. 70521. IMPROVING STATE, LOCAL, AND TRIBAL PUBLIC HEALTH SECURITY.
Section 319C-1 of the Public Health Service Act (42 U.S.C. 247d-3a)
is amended--
(1) in the section heading, by striking ``and local'' and
inserting ``, local, and tribal'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``or''
at the end;
(ii) in subparagraph (C), by striking
``and'' at the end and inserting ``or''; and
(iii) by adding at the end the following:
``(D) be an Indian tribe, tribal organization, or a
consortium of Indian tribes or tribal organizations;
and''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by inserting ``, as applicable'' after
``including'';
(ii) in subparagraph (A)(viii)--
(I) by inserting ``and tribal''
after ``with State'';
(II) by striking ``(as defined in
section 8101 of the Elementary and
Secondary Education Act of 1965)'' and
inserting ``and tribal educational
agencies (as defined in sections 8101
and 6132, respectively, of the
Elementary and Secondary Education Act
of 1965)''; and
(III) by inserting ``and tribal''
after ``and State'';
(iii) in subparagraph (G), by striking
``and tribal'' and inserting ``tribal, and
urban Indian organization''; and
(iv) in subparagraph (H), by inserting ``,
Indian tribes, and urban Indian organizations''
after ``public health'';
(3) in subsection (e), by inserting ``Indian tribes, tribal
organizations, urban Indian organizations,'' after ``local
emergency plans,'';
(4) in subsection (h)--
(A) in paragraph (1)(A)--
(i) by striking ``through 2023'' and
inserting ``and 2020''; and
(ii) by inserting before the period ``; and
$690,000,000 for each of fiscal years 2021
through 2023 for awards pursuant to paragraph
(3) (subject to the authority of the Secretary
to make awards pursuant to paragraphs (4) and
(5)) and paragraph (8), of which not less than
$5,000,000 shall be reserved each fiscal year
for awards under paragraph (8)'';
(B) in the heading of paragraph (3), by inserting
``for states'' after ``amount''; and
(C) by adding at the end the following:
``(8) Tribal eligible entities.--
``(A) Determination of funding amount.--
``(i) In general.--The Secretary shall
award at least 10 cooperative agreements under
this section, in amounts not less than the
minimum amount determined under clause (ii), to
eligible entities described in subsection
(b)(1)(D) that submits to the Secretary an
application that meets the criteria of the
Secretary for the receipt of such an award and
that meets other reasonable implementation
conditions established by the Secretary, in
consultation with Indian tribes, for such
awards. If the Secretary receives more than 10
applications under this section from eligible
entities described in subsection (b)(1)(D) that
meet the criteria and conditions described in
the previous sentence, the Secretary, in
consultation with Indian tribes, may make
additional awards under this section to such
entities.
``(ii) Minimum amount.--In determining the
minimum amount of an award pursuant to clause
(i), the Secretary, in consultation with Indian
tribes, shall first determine an amount the
Secretary considers appropriate for the
eligible entity.
``(B) Available until expended.--Amounts provided
to a tribal eligible entity under a cooperative
agreement under this section for a fiscal year and
remaining unobligated at the end of such year shall
remain available to such entity during the entirety of
the performance period, for the purposes for which said
funds were provided.
``(C) No matching requirement.--Subparagraphs (B),
(C), and (D) of paragraph (1) shall not apply with
respect to cooperative agreements awarded under this
section to eligible entities described in subsection
(b)(1)(D).''; and
(5) by adding at the end the following:
``(l) Special Rules Related to Tribal Eligible Entities.--
``(1) Modifications.--After consultation with Indian
tribes, the Secretary may make necessary and appropriate
modifications to the program under this section to facilitate
the use of the cooperative agreement program by eligible
entities described in subsection (b)(1)(D).
``(2) Waivers.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary may waive or specify
alternative requirements for any provision of this
section (including regulations) that the Secretary
administers in connection with this section if the
Secretary finds that the waiver or alternative
requirement is necessary for the effective delivery and
administration of this program with respect to eligible
entities described in subsection (b)(1)(D).
``(B) Exception.--The Secretary may not waive or
specify alternative requirements under subparagraph (A)
relating to labor standards or the environment.
``(3) Consultation.--The Secretary shall consult with
Indian tribes and tribal organizations on the design of this
program with respect to such tribes and organizations to ensure
the effectiveness of the program in enhancing the security of
Indian tribes with respect to public health emergencies.
``(4) Reporting.--
``(A) In general.--Not later than 2 years after the
date of enactment of this subsection, and as an
addendum to the biennial evaluations required under
subsection (k), the Secretary, in coordination with the
Director of the Indian Health Service, shall--
``(i) conduct a review of the
implementation of this section with respect to
eligible entities described in subsection
(b)(1)(D), including any factors that may have
limited its success; and
``(ii) submit a report describing the
results of the review described in clause (i)
to--
``(I) the Committee on Indian
Affairs, the Committee on Health,
Education, Labor, and Pensions, and the
Committee on Appropriations of the
Senate; and
``(II) the Subcommittee on
Indigenous People of the Committee on
Natural Resources, the Committee on
Energy and Commerce, and the Committee
on Appropriations of the House of
Representatives.
``(B) Analysis of tribal public health emergency
infrastructure limitation.--The Secretary shall include
in the initial report submitted under subparagraph (A)
a description of any public health emergency
infrastructure limitation encountered by eligible
entities described in subsection (b)(1)(D).''.
SEC. 70522. PROVISION OF ITEMS TO INDIAN PROGRAMS AND FACILITIES.
(a) Strategic National Stockpile.--Section 319F-2(a)(3)(G) of the
Public Health Service Act (42 U.S.C. 247d-6b(a)(3)(G)) is amended by
inserting ``, and, in the case that the Secretary deploys the stockpile
under this subparagraph, ensure, in coordination with the applicable
States and programs and facilities, that appropriate drugs, vaccines
and other biological products, medical devices, and other supplies are
deployed by the Secretary directly to health programs or facilities
operated by the Indian Health Service, an Indian tribe, a tribal
organization (as those terms are defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5304)), or
an inter-tribal consortium (as defined in section 501 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5381)) or
through an urban Indian organization (as defined in section 4 of the
Indian Health Care Improvement Act), while avoiding duplicative
distributions to such programs or facilities'' before the semicolon.
(b) Distribution of Qualified Pandemic or Epidemic Products to IHS
Facilities.--Title III of the Public Health Service Act (42 U.S.C. 241
et seq.) is amended by inserting after section 319F-4 the following:
``SEC. 319F-5. DISTRIBUTION OF QUALIFIED PANDEMIC OR EPIDEMIC PRODUCTS
TO INDIAN PROGRAMS AND FACILITIES.
``In the case that the Secretary distributes qualified pandemic or
epidemic products (as defined in section 319F-3(i)(7)) to States or
other entities, the Secretary shall ensure, in coordination with the
applicable States and programs and facilities, that, as appropriate,
such products are distributed directly to health programs or facilities
operated by the Indian Health Service, an Indian tribe, a tribal
organization (as those terms are defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5304)), or
an inter-tribal consortium (as defined in section 501 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5381)) or
through an urban Indian organization (as defined in section 4 of the
Indian Health Care Improvement Act), while avoiding duplicative
distributions to such programs or facilities.''.
Subtitle C--Medical Product Supply Chain Improvements
SEC. 70531. SHORTAGES OF ESSENTIAL DEVICES.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351 et seq.) is amended by inserting after section 520 the following:
``SEC. 520A. DISCONTINUANCE OR INTERRUPTION IN THE PRODUCTION OF
ESSENTIAL DEVICES DURING PUBLIC HEALTH EMERGENCIES.
``(a) Notification.--
``(1) In general.--A manufacturer or contract terminal
sterilizer of an essential device shall notify the Secretary--
``(A) in accordance with paragraph (3), when such
manufacturer or sterilizer becomes aware of--
``(i) a permanent discontinuance in the
manufacture of the device (except for a
permanent discontinuance as a result of an
approved modification of the device);
``(ii) an interruption in the manufacture
of the device that is likely to lead to a
shortage or meaningful disruption in the supply
of that device in the United States; or
``(iii) any other situation or circumstance
that is likely to lead to a shortage or
meaningful disruption in the supply of that
device in the United States; and
``(B) in accordance with paragraph (2)(C), of the
reason for such discontinuance, interruption, or other
situation or circumstance.
``(2) Required inclusions.--A notification under paragraph
(1) shall include each of the following:
``(A) The name of the device, including the Device
Identifier or National Product Code for the device, if
applicable.
``(B) The name of the manufacturer of the device.
``(C) The reason for the notification, including
whether any of the following reasons apply:
``(i) Requirements related to complying
with quality system regulations.
``(ii) Shortage of a material used in the
manufacture of the device.
``(iii) Shortage of a component, part, or
accessory of the device.
``(iv) Delay in shipping of the device.
``(v) Increased demand for the device.
``(vi) Natural disaster.
``(vii) Cyber security.
``(viii) Facility closure.
``(ix) Other reasons as the Secretary deems
appropriate.
``(D) The estimated duration of the discontinuance,
interruption, or other situation or circumstance.
``(E) Any other information the manufacturer deems
relevant.
``(3) Timing.--The notification required under paragraph
(1) shall be submitted, in a manner prescribed by the
Secretary--
``(A) no later than 6 months prior to the date of
the discontinuance, interruption, or other situation or
circumstance; or
``(B) if compliance with subparagraph (A) is not
possible, as soon as is practicable, and in no case
later than 5 business days after the manufacturer
becomes aware of an event, situation, or circumstance
requiring notification under paragraph (1).
``(b) Distribution.--
``(1) Public availability.--To the extent practicable, the
Secretary shall distribute, through such means as the Secretary
deems appropriate, information on any discontinuance,
interruption, or other situation or circumstance described in
subsection (a) to appropriate organizations, including to
hospitals, physicians and other health care providers,
patients, and supply chain partners.
``(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 the disclosure of such information would adversely affect
public health, such as by increasing the possibility of an
unnecessary over-purchase or other disruption of the
availability of medical products to patients.
``(c) 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.
``(d) Failure to Meet Requirements.--If a person fails to submit
information as required under subsection (a)--
``(1) the Secretary shall issue a letter to such person
setting forth the basis for noncompliance and informing such
person of a failure to comply;
``(2) within 30 calendar days from the issuance of a letter
under paragraph (1), the person who receives such letter shall
submit to the Secretary a written response to such letter
setting forth the basis for noncompliance and providing
information required under subsection (a); and
``(3) not later than 45 calendar days after the issuance of
a letter under paragraph (1), the Secretary shall make such
letter and any response to such letter under paragraph (2)
available to the public on the public website of the Food and
Drug Administration, with appropriate redactions made to
protect information described in subsection (c), except that,
if the Secretary determines that the letter under paragraph (1)
was issued in error or, after review of such response, the
person had a reasonable basis for not notifying as required
under subsection (a), the requirements of this paragraph shall
not apply.
``(e) 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 a device described in subsection (a), the Secretary may--
``(1) expedite the review of premarket submissions under
sections 510(k), 513(f)(2), 515, and 520(m), that could help
mitigate or prevent such shortage; or
``(2) expedite an inspection or reinspection of an
establishment that could help mitigate or prevent such
shortage.
``(f) Effect of Notification.--The submission of a notification
under subsection (a) shall not be construed--
``(1) as an admission that any product that is the subject
of such notification violates any provision of this Act; or
``(2) as evidence of the entity's intent to market the
product for an indication or use for which the product has not
been approved or cleared by the Secretary.
``(g) Identification of Essential Devices.--
``(1) In general.--In the event of, or in advance of, a
declaration of a public health emergency pursuant to section
319 of the Public Health Service Act, the Secretary shall
designate and make publicly available, including on the public
website of the Food and Drug Administration, a list of devices
that are critical to preventing, screening, diagnosing,
treating, or mitigating the spread of a disease or condition
during such emergency.
``(2) Consideration.--In developing such list, the
Secretary shall take into consideration--
``(A) the medical necessity of devices;
``(B) the urgency to prevent serious injury or
death; and
``(C) the availability of other devices.
``(3) Updates.--During the course of such public health
emergency, the Secretary shall update the list of essential
devices as necessary, including adding and removing devices.
``(h) Definitions.--For purposes of this section:
``(1) Essential device.--The term `essential device' means
a device designated in a list in effect under subsection (g).
``(2) Manufacturer.--The term `manufacturer' means the
entity that holds the medical device marketing submission, or
if a medical device marketing submission is not required, the
entity responsible for listing the medical device under section
510.
``(3) 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 an essential device that is more than negligible and
affects the ability to fill orders or meet expected
demand for the device of the manufacturer or contract
terminal sterilizer involved; and
``(B) does not include, so long as the manufacturer
expects to resume operations in a short period of time,
not to exceed 6 months, interruptions in--
``(i) manufacturing due to matters such as
routine maintenance or insignificant changes;
or
``(ii) manufacturing of components or raw
materials.
``(4) 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 or a comparable device of that
manufacturer or another manufacturer, including as a result of
discontinuance of a device or an interruption in the
manufacturing or importation of a device or a component of a
device or the device constituent of a combination product.''.
SEC. 70532. AUTHORITY TO DESTROY COUNTERFEIT DEVICES.
(a) In General.--Section 801(a) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381(a)) is amended--
(1) in the fourth sentence, by inserting ``or counterfeit
device'' after ``counterfeit drug''; and
(2) by striking ``The Secretary of the Treasury shall cause
the destruction of'' and all that follows through ``liable for
costs pursuant to subsection (c).'' and inserting the
following: ``The Secretary of the Treasury shall cause the
destruction of any such article refused admission unless such
article is exported, under regulations prescribed by the
Secretary of the Treasury, within ninety days of the date of
notice of such refusal or within such additional time as may be
permitted pursuant to such regulations, except that the
Secretary of Health and Human Services may destroy, without the
opportunity for export, any drug or device refused admission
under this section, if such drug or device is valued at an
amount that is $2,500 or less (or such higher amount as the
Secretary of the Treasury may set by regulation pursuant to
section 498(a)(1) of the Tariff Act of 1930 (19 U.S.C.
1498(a)(1))) and was not brought into compliance as described
under subsection (b). The Secretary of Health and Human
Services shall issue regulations providing for notice and an
opportunity to appear before the Secretary of Health and Human
Services and introduce testimony, as described in the first
sentence of this subsection, on destruction of a drug or device
under the seventh sentence of this subsection. The regulations
shall provide that prior to destruction, appropriate due
process is available to the owner or consignee seeking to
challenge the decision to destroy the drug or device. Where the
Secretary of Health and Human Services provides notice and an
opportunity to appear and introduce testimony on the
destruction of a drug or device, the Secretary of Health and
Human Services shall store and, as applicable, dispose of the
drug or device after the issuance of the notice, except that
the owner and consignee shall remain liable for costs pursuant
to subsection (c).''.
(b) Definition.--Section 201(h) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(h)) is amended--
(1) by redesignating subparagraphs (1), (2), and (3) as
clauses (A), (B), and (C), respectively; and
(2) after making such redesignations--
(A) by striking ``(h) The term'' and inserting
``(h)(1) The term''; and
(B) by adding at the end the following:
``(2) The term `counterfeit device' means a device which, or the
container, packaging, or labeling of which, without authorization,
bears a trademark, trade name, or other identifying mark, imprint, or
symbol, or any likeness thereof, or is manufactured using a design, of
a device manufacturer, packer, or distributor other than the person or
persons who in fact manufactured, packed, or distributed such device
and which thereby falsely purports or is represented to be the product
of, or to have been packed or distributed by, such other device
manufacturer, packer, or distributor.
``(3) For purposes of subparagraph (2)--
``(A) the term `manufactured' refers to any of the
following activities: manufacture, preparation, propagation,
compounding, assembly, or processing; and
``(B) the term `manufacturer' means a person who is engaged
in any of the activities listed in clause (A).''.
SEC. 70533. 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 supplies required for
the administration of drugs, vaccines and other biological products,
medical devices, and diagnostic tests)''' after ``other supplies''.
SEC. 70534. REPORTING REQUIREMENT FOR DRUG MANUFACTURERS.
(a) Establishments in a Foreign Country.--Section 510(i) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(i)) is amended by
inserting at the end the following new paragraph:
``(5) The requirements of paragraphs (1) and (2) shall apply to
establishments within a foreign country engaged in the manufacture,
preparation, propagation, compounding, or processing of any drug,
including the active pharmaceutical ingredient, that is required to be
listed pursuant to subsection (j). Such requirements shall apply
regardless of whether the drug, including the active pharmaceutical
ingredient, undergoes further manufacture, preparation, propagation,
compounding, or processing at a separate establishment outside the
United States prior to being imported or offered for import into the
United States.''.
(b) Listing of Drugs.--Section 510(j) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360(j)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(F) in the case of a drug contained in the applicable
list, a certification that the registrant has--
``(i) identified every other establishment where
manufacturing is performed for the drug; and
``(ii) notified each known foreign establishment
engaged in the manufacture, preparation, propagation,
compounding, or processing of the drug, including the
active pharmaceutical ingredient, of the inclusion of
the drug in the list and the obligation to register.'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(3) by inserting after paragraph (2) the following:
``(3)(A) Subject to subparagraph (B), each person who registers
with the Secretary under this section shall report to the Secretary by
electronic means in a form and manner as specified by the Secretary,
with regard to drugs, once during the month of March of each year, once
during the month of June of each year, once during the month of
September of each year, and once during the month of December of each
year, on the amount of each listed drug that was manufactured,
prepared, propagated, compounded, or processed at each establishment
registered by such person since the date the person last made a report
under this paragraph. Such amount shall include the number of dosage
units for each finished drug product intended for distribution in the
United States, or amount of active pharmaceutical ingredient intended
for distribution in the United States. The Secretary may require
information reported under this subparagraph to be further delineated
in such manner as the Secretary determines appropriate.
``(B) Notwithstanding subparagraph (A), the Secretary may issue an
order exempting certain biological products or categories of biological
products licensed under section 351 of the Public Health Service Act
from some or all of the reporting requirements under such subparagraph
if the Secretary determines that the application of such requirements
to such products (or categories thereof) is not necessary to protect
the public health.''.
(c) Rules of Construction.--
(1) Nothing in the amendments made by this section shall be
construed--
(A) to limit or narrow, in any manner, the meaning
or application of the provisions of subsection (i) or
(j) of section 510 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360); or
(B) to affect any determination under either such
subsection made prior to the date of enactment of this
Act.
(2) Nothing in the amendments made by this section shall be
construed--
(A) to limit or narrow the ability of the Secretary
of Health and Human Services to share confidential
commercial information pursuant to a memorandum of
understanding, entered into before, on, or after the
date of enactment of this section, between the Food and
Drug Administration and another Federal department or
agency; or
(B) as authorizing the Secretary to disclose any
information that is confidential commercial or trade
secret information subject to section 552(b)(4) of
title 5, United States Code, or section 1905 of title
18, United States Code.
SEC. 70535. NATIONAL CENTERS OF EXCELLENCE IN CONTINUOUS PHARMACEUTICAL
MANUFACTURING.
(a) In General.--Section 3016 of the 21st Century Cures Act (21
U.S.C. 399h) is amended to read as follows:
``SEC. 3016. NATIONAL CENTERS OF EXCELLENCE IN CONTINUOUS
PHARMACEUTICAL MANUFACTURING.
``(a) In General.--The Secretary of Health and Human Services,
acting through the Commissioner of Food and Drugs--
``(1) shall solicit and, beginning not later than one year
after the date of enactment of the National Centers of
Excellence in Continuous Pharmaceutical Manufacturing Act of
2019, receive requests from institutions of higher education to
be designated as a National Center of Excellence in Continuous
Pharmaceutical Manufacturing (in this section referred to as a
`National Center of Excellence') to support the advancement and
development of continuous manufacturing; and
``(2) shall so designate any institution of higher
education that--
``(A) requests such designation; and
``(B) meets the criteria specified in subsection
(c).
``(b) Request for Designation.--A request for designation under
subsection (a) shall be made to the Secretary at such time, in such
manner, and containing such information as the Secretary may require.
Any such request shall include a description of how the institution of
higher education meets or plans to meet each of the criteria specified
in subsection (c).
``(c) Criteria for Designation Described.--The criteria specified
in this subsection with respect to an institution of higher education
are that the institution has, as of the date of the submission of a
request under subsection (a) by such institution--
``(1) physical and technical capacity for research and
development of continuous manufacturing;
``(2) manufacturing knowledge-sharing networks with other
institutions of higher education, large and small
pharmaceutical manufacturers, generic and nonprescription
manufacturers, contract manufacturers, and other entities;
``(3) proven capacity to design and demonstrate new, highly
effective technology for use in continuous manufacturing;
``(4) a track record for creating and transferring
knowledge with respect to continuous manufacturing;
``(5) the potential to train a future workforce for
research on and implementation of advanced manufacturing and
continuous manufacturing; and
``(6) experience in participating in and leading a
continuous manufacturing technology partnership with other
institutions of higher education, large and small
pharmaceutical manufacturers, generic and nonprescription
manufacturers, contract manufacturers, and other entities--
``(A) to support companies with continuous
manufacturing in the United States;
``(B) to support Federal agencies with technical
assistance, which may include regulatory and quality
metric guidance as applicable, for advanced
manufacturing and continuous manufacturing;
``(C) with respect to continuous manufacturing, to
organize and conduct research and development
activities needed to create new and more effective
technology, capture and disseminate expertise, create
intellectual property, and maintain technological
leadership;
``(D) to develop best practices for designing
continuous manufacturing; and
``(E) to assess and respond to the workforce needs
for continuous manufacturing, including the development
of training programs if needed.
``(d) Termination of Designation.--The Secretary may terminate the
designation of any National Center of Excellence designated under this
section if the Secretary determines such National Center of Excellence
no longer meets the criteria specified in subsection (c). Not later
than 60 days before the effective date of such a termination, the
Secretary shall provide written notice to the National Center of
Excellence, including the rationale for such termination.
``(e) Conditions for Designation.--As a condition of designation as
a National Center of Excellence under this section, the Secretary shall
require that an institution of higher education enter into an agreement
with the Secretary under which the institution agrees--
``(1) to collaborate directly with the Food and Drug
Administration to publish the reports required by subsection
(g);
``(2) to share data with the Food and Drug Administration
regarding best practices and research generated through the
funding under subsection (f);
``(3) to develop, along with industry partners (which may
include large and small biopharmaceutical manufacturers,
generic and nonprescription manufacturers, and contract
manufacturers) and another institution or institutions
designated under this section, if any, a roadmap for developing
a continuous manufacturing workforce;
``(4) to develop, along with industry partners and other
institutions designated under this section, a roadmap for
strengthening existing, and developing new, relationships with
other institutions; and
``(5) to provide an annual report to the Food and Drug
Administration regarding the institution's activities under
this section, including a description of how the institution
continues to meet and make progress on the criteria listed in
subsection (c).
``(f) Funding.--
``(1) In general.--The Secretary shall award funding,
through grants, contracts, or cooperative agreements, to the
National Centers of Excellence designated under this section
for the purpose of studying and recommending improvements to
continuous manufacturing, including such improvements as may
enable the Centers--
``(A) to continue to meet the conditions specified
in subsection (e); and
``(B) to expand capacity for research on, and
development of, continuing manufacturing.
``(2) Consistency with fda mission.--As a condition on
receipt of funding under this subsection, a National Center of
Excellence shall agree to consider any input from the Secretary
regarding the use of funding that would--
``(A) help to further the advancement of continuous
manufacturing through the National Center of
Excellence; and
``(B) be relevant to the mission of the Food and
Drug Administration.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $80,000,000 for
the period of fiscal years 2021 through 2025.
``(4) Rule of construction.--Nothing in this section shall
be construed as precluding a National Center for Excellence
designated under this section from receiving funds under any
other provision of this Act or any other Federal law.
``(g) Annual Review and Reports.--
``(1) Annual report.--Beginning not later than one year
after the date on which the first designation is made under
subsection (a), and annually thereafter, the Secretary shall--
``(A) submit to Congress a report describing the
activities, partnerships and collaborations, Federal
policy recommendations, previous and continuing
funding, and findings of, and any other applicable
information from, the National Centers of Excellence
designated under this section; and
``(B) make such report available to the public in
an easily accessible electronic format on the website
of the Food and Drug Administration.
``(2) Review of national centers of excellence and
potential designees.--The Secretary shall periodically review
the National Centers of Excellence designated under this
section to ensure that such National Centers of Excellence
continue to meet the criteria for designation under this
section.
``(3) Report on long-term vision of fda role.--Not later
than 2 years after the date on which the first designation is
made under subsection (a), the Secretary, in consultation with
the National Centers of Excellence designated under this
section, shall submit a report to the Congress on the long-term
vision of the Department of Health and Human Services on the
role of the Food and Drug Administration in supporting
continuous manufacturing, including--
``(A) a national framework of principles related to
the implementation and regulation of continuous
manufacturing;
``(B) a plan for the development of Federal
regulations and guidance for how advanced manufacturing
and continuous manufacturing can be incorporated into
the development of pharmaceuticals and regulatory
responsibilities of the Food and Drug Administration;
and
``(C) appropriate feedback solicited from the
public, which may include other institutions, large and
small biopharmaceutical manufacturers, generic and
nonprescription manufacturers, and contract
manufacturers.
``(h) Definitions.--In this section:
``(1) Advanced manufacturing.--The term `advanced
manufacturing' means an approach for the manufacturing of
pharmaceuticals that incorporates novel technology, or uses an
established technique or technology in a new or innovative way
(such as continuous manufacturing where the input materials are
continuously transformed within the process by two or more unit
operations) that enhances drug quality or improves the
manufacturing process.
``(2) Continuous manufacturing.--The term `continuous
manufacturing'--
``(A) means a process where the input materials are
continuously fed into and transformed within the
process, and the processed output materials are
continuously removed from the system; and
``(B) consists of an integrated process that
consists of a series of two or more unit operations.
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
``(4) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services, acting through the Commissioner
of Food and Drugs.''.
(b) Transition Rule.--Section 3016 of the 21st Century Cures Act
(21 U.S.C. 399h), as in effect on the day before the date of the
enactment of this section, shall apply with respect to grants awarded
under such section before such date of enactment.
Subtitle D--Public Health Extenders
SEC. 70541. 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) of the Patient
Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)) is
amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking ``, $4,000,000,000 for
fiscal year 2019, and $2,575,342,466 for the period beginning
on October 1, 2019, and ending on May 22, 2020; and'' and
inserting a semicolon; and
(3) by adding at the end the following:
``(G) $4,000,000,000 for each of fiscal years 2019
and 2020; and
``(H) $668,493,151 for the period beginning on
October 1, 2020, and ending on November 30, 2020;
and''.
(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 2019; and'' and
inserting ``through 2020; and''; and
(2) in subparagraph (G), by striking ``$199,589,041 for the
period beginning on October 1, 2019, and ending on May 22,
2020'' and inserting ``$51,808,220 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--
(1) by striking ``and 2019'' and inserting ``through 2020''
and;
(2) by striking ``$81,445,205 for the period beginning on
October 1, 2019, and ending on May 22, 2020'' and inserting
``$21,141,096 for the period beginning on October 1, 2020, and
ending on November 30, 2020''.
SEC. 70542. 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 $25,068,494 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 $25,068,494 for the
period beginning on October 1, 2020, and ending on November 30, 2020''.
Subtitle E--Other Extenders
SEC. 70551. 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), 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 on October 1, 2020, and ending on November
30, 2020'';
(B) in paragraph (2)(A), 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 on October 1, 2020, and ending on
November 30, 2020''; and
(C) in paragraphs (1), (2)(A), and (2)(B)(i), by
striking ``with respect to such period, for fiscal year
2020'' each place it appears and inserting ``with
respect to such period, for 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
$12,534,247 for the period beginning on October 1, 2020, and
ending on November 30, 2020''.
SEC. 70552. EXTENSION OF PERSONAL RESPONSIBILITY EDUCATION PROGRAM.
Section 513 of the Social Security Act (42 U.S.C. 713) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), in the matter preceding
clause (i), by striking ``through 2019 and 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 November 30,
2020''; and
(B) in subparagraph (B)(i), by striking ``beginning
October 1, 2019, and ending May 22, 2020'' and
inserting ``beginning on October 1, 2020, and ending
November 30, 2020'';
(2) in subsection (a)(4)(A), by striking ``2019'' each
place it appears and inserting ``2020''; and
(3) in subsection (f), by striking ``through 2019 and
$48,287,671 for the period beginning October 1, 2019, and
ending May 22, 2020'' and inserting ``through 2020, and
$12,534,247 for the period beginning on October 1, 2020, and
ending on November 30, 2020''.
Subtitle F--Miscellaneous
SEC. 70561. HEALTH PROVIDER LOAN PROGRAM.
(a) In General.--Not later than 30 days after the date of enactment
of this title, the Secretary shall establish a program under which
loans shall be made to eligible health care organizations to assist
such organizations with anticipated revenue loss or higher operating
costs as a result of the COVID-19 emergency.
(b) Program Requirements.--The Secretary shall establish standards
and guidelines for application, loan amount, repayment, and extension,
and shall consider the eligible health care organization's financial
condition, service in an area heavily impacted by the COVID-19
emergency, or other factors deemed appropriate.
(c) Eligible Health Care Organizations.--To be eligible for a loan
under subsection (a), an entity shall--
(1) be a health care provider or supplier that receives
assistance or otherwise participates in the Medicare or
Medicaid program under title XVIII or XIX of the Social
Security Act (42 U.S.C. 1395 and 1396 et seq.), including a
hospital, critical access hospital, skilled nursing facility,
physician practice, home health provider, community health
center, ambulatory surgical care center, or hospice; and
(2) submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
(d) Terms and Conditions.--
(1) Interest.--A loan under this section shall have a rate
of interest of not to exceed 2 percent. Interest shall begin to
accrue on the date that is 60 days after the date of
origination.
(2) Term.--The term of a loan under this section shall be 1
year minus one day. A borrower shall have the option to extend
such term for a total of not to exceed 19 years. Further
extensions may be granted if approval by the Secretary.
(3) Security.--An eligible health care organization shall
not be required to provide security for a loan under this
section.
(4) Payments.--Loan payments shall be made on a biannual
basis.
(e) Definitions.--In this section:
(1) COVID-19 emergency.--The term ``COVID-19 emergency''
means the national emergency declared by the President under
the National Emergencies Act (50 U.S.C. 1601 et seq.) with
respect to the Coronavirus Disease 2019 (COVID-19).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(f) Use of Certain Funds.--Loan recipients may use funds such
recipients were awarded under the Public Health and Social Services
Emergency Fund or the Health Provider Assistance Fund established under
section 562 to repay loans awarded under this section, provided the
funds from the Public Health and Social Services Emergency Fund or the
Health Provider Assistance Fund were awarded based on foregone revenue.
(g) Clarification.--No individual, employer, or other entity may be
restricted from participating in or benefitting from any exemption or
benefit under this section, based on any factor that is unrelated to
its qualifications to perform the required services.
(h) Appropriations.--There is authorized to be appropriated, and
there is appropriated, to carry out this section, $80,000,000,000 for
fiscal year 2020, to remain available until expended.
DIVISION H--EMERGENCY CORONAVIRUS PANDEMIC UNEMPLOYMENT COMPENSATION
ACT OF 2020
SEC. 80001. SHORT TITLE.
This division may be cited as the ``Emergency Coronavirus Pandemic
Unemployment Compensation Act of 2020''.
SEC. 80002. TABLE OF CONTENTS.
The table of contents for this division is as follows:
Sec. 80001. Short title.
Sec. 80002. Table of contents.
TITLE I--FEDERAL BENEFIT ENHANCEMENTS
Sec. 80101. Emergency increase in unemployment compensation benefits.
Sec. 80102. Temporary financing of short-time compensation payments in
States with programs in law.
Sec. 80103. Temporary financing of short-time compensation agreements.
Sec. 80104. Emergency flexibility for short-time compensation.
Sec. 80105. Grants for short-time compensation programs.
Sec. 80106. Emergency extended benefit period for 2020.
TITLE II--EXPANDED ELIGIBILITY FOR UNEMPLOYMENT COMPENSATION
Sec. 80201. Pandemic Self-Employment and Job Entrant Compensation.
TITLE III--RELIEF FOR GOVERNMENTAL AND NONPROFIT ENTITIES
Sec. 80301. Emergency unemployment relief for governmental entities and
nonprofit organizations.
TITLE IV--EMERGENCY ASSISTANCE FOR RAIL WORKERS
Sec. 80401. Waiver of the 7-day waiting period for benefits under the
Railroad Unemployment Insurance Act.
Sec. 80402. Enhanced benefits under the Railroad Unemployment Insurance
Act.
Sec. 80403. Extended unemployment benefits under the Railroad
Unemployment Insurance Act.
Sec. 80404. Treatment of payments from the Railroad Unemployment
Insurance Account.
TITLE I--FEDERAL BENEFIT ENHANCEMENTS
SEC. 80101. 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 (hereinafter in this section referred to as the
``Secretary''). Any State which is a party to an agreement under this
section may, upon providing 30 days' written notice to the Secretary,
terminate such agreement.
(b) Provisions of Agreement.--
(1) In general.--Any agreement under this section shall
provide the following:
(A) Federal pandemic unemployment compensation.--
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--
(i) the amount determined under the State
law (before the application of this paragraph),
plus
(ii) an additional amount of $600 (in this
section referred to as ``Federal Pandemic
Unemployment Compensation'').
(B) Federal pandemic short-time compensation.--In
the case of a State that provides under the State law
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), the
State agency of the State will make payments of
compensation (as defined in subsection (h) of such
section) to employees participating in such program in
amounts and to the extent that they would be determined
under such program if the State law of the State were
applied, with respect to any week for which the
individual is (disregarding this section) otherwise
eligible under the program under the State law to
receive such compensation, as if such State law had
been modified in a manner such that the amount of
compensation payable for any week shall be equal to the
amount determined under the State law (before the
application of this paragraph) plus $300 (in this
section referred to as ``Federal Pandemic Short-Time
Compensation'').
(2) Allowable methods of payment.--Any Federal Pandemic
Unemployment Compensation or Federal Pandemic Short-Time
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 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 compensation otherwise payable.
(c) Nonreduction Rule.--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 maximum benefit entitlement
and the average weekly benefit amount of regular compensation (or
short-time compensation in the case of a State described in subsection
(b)(1)(B)) which will be payable during the period of the agreement
(determined disregarding any Federal Pandemic Unemployment Compensation
or Federal Pandemic Short-Time Compensation) will be less than the
maximum benefit entitlement and the average weekly benefit amount of
regular compensation (or short-time compensation) which would otherwise
have been payable during such period under the State law, as in effect
on January 1, 2020.
(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;
(ii) the total amount of Federal Pandemic
Short-Time Compensation paid to individuals by
the State pursuant to such agreement; and
(iii) any additional administrative
expenses incurred by the State by reason of
such agreement (as determined by the
Secretary).
(B) Terms of payments.--Sums payable to any State
by reason of such State's having an agreement under
this section shall be payable, either in advance or by
way of reimbursement (as determined by the Secretary),
in such amounts as the Secretary estimates the State
will be entitled to receive under this section for each
calendar month, reduced or increased, as the case may
be, by any amount by which the Secretary finds that his
estimates for any prior calendar month were greater or
less than the amounts which should have been paid to
the State. Such estimates may be made on the basis of
such statistical, sampling, or other method as may be
agreed upon by the Secretary and the State agency of
the State involved.
(2) Certifications.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this section.
(3) Appropriation.--There are appropriated from the general
fund of the Treasury, without fiscal year limitation, such sums
as may be necessary for purposes of this subsection.
(e) Applicability.--
(1) In general.--An agreement entered into under this
section shall apply to weeks of unemployment--
(A) beginning on or after March 13, 2020; and
(B) ending on or before January 1, 2021.
(2) Transition rule for individuals remaining entitled to
regular compensation as of june 30, 2021.--In the case of any
individual who, as of the date specified in paragraph (1)(B),
has not yet exhausted all rights to regular compensation under
the State law of a State with respect to a benefit year that
began before such date (or short-time compensation in the case
of a State described in subsection (b)(1)(B)), Federal Pandemic
Unemployment Compensation or Federal Pandemic Short-Time
Compensation (as the case may be) shall continue to be payable
to such individual for any week beginning on or after such date
for which the individual is otherwise eligible for regular
compensation (or short-time compensation) with respect to such
benefit year.
(3) Termination.--Notwithstanding any other provision of
this subsection, no Federal Pandemic Unemployment Compensation
or Federal Pandemic Short-Time Compensation shall be payable
for any week beginning after June 30, 2021.
(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 of such false statement or representation or of such
nondisclosure such individual has received an amount of Federal
Pandemic Unemployment Compensation or Federal Pandemic Short-
Time Compensation to which such individual was not entitled,
such individual--
(A) shall be ineligible for further Federal
Pandemic Unemployment Compensation or Federal Pandemic
Short-Time 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
or Federal Pandemic Short-Time Compensation to which they were
not entitled, the State shall require such individuals to repay
the amounts of such Federal Pandemic Unemployment Compensation
or Federal Pandemic Short-Time 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 or Federal Pandemic Short-
Time Compensation was without fault on the part of any
such individual; and
(B) such repayment would be contrary to equity and
good conscience.
(3) Recovery by state agency.--
(A) In general.--The State agency may recover the
amount to be repaid, or any part thereof, by deductions
from any Federal Pandemic Unemployment Compensation or
Federal Pandemic Short-Time 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 or
Federal Pandemic Short-Time Compensation to which they
were not entitled, in accordance with the same
procedures as apply to the recovery of overpayments of
regular unemployment benefits paid by the State.
(B) Opportunity for hearing.--No repayment shall be
required, and no deduction shall be made, until a
determination has been made, notice thereof and an
opportunity for a fair hearing has been given to the
individual, and the determination has become final.
(4) Review.--Any determination by a State agency under this
section shall be subject to review in the same manner and to
the same extent as determinations under the State unemployment
compensation law, and only in that manner and to that extent.
(g) Application to Other Unemployment Benefits.--
(1) In general.--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)(3)
to the same extent and in the same manner as if those benefits
were regular compensation.
(2) Eligibility and termination rules.--Federal Pandemic
Unemployment Compensation--
(A) shall not be payable, pursuant to this
subsection, with respect to any unemployment benefits
described in subsection (i)(3) for any week beginning
on or after the date specified in subsection (e)(1)(B),
except in the case of an individual who was eligible to
receive Federal Pandemic Unemployment Compensation in
connection with any regular compensation or any
unemployment benefits described in subsection (i)(3)
for any period of unemployment ending before such date;
and
(B) shall in no event be payable for any week
beginning after the date specified in subsection
(e)(3).
(h) Treatment of Federal Pandemic Unemployment Compensation and
Federal Pandemic Short-Time Compensation Payments.--
(1) Payment to be disregarded for purposes of all federal
and federally assisted programs.--A Federal Pandemic
Unemployment Compensation or Federal Pandemic Short-Time
Compensation payment shall not be regarded as income and shall
not be regarded as a resource for the month of receipt and the
following 9 months, for purposes of determining the eligibility
of the recipient (or the recipient's spouse or family) for
benefits or assistance, or the amount or extent of benefits or
assistance, under any Federal program or under any State or
local program financed in whole or in part with Federal funds.
(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);
(2) the term ``maximum benefit entitlement'' means the
amount of regular compensation payable to an individual with
respect to the individual's benefit year; and
(3) 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); and
(B) unemployment 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.
SEC. 80102. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION PAYMENTS IN
STATES WITH PROGRAMS IN LAW.
(a) Payments to States.--
(1) In general.--Subject to paragraph (3), there shall be
paid to a State an amount equal to 100 percent of the amount of
short-time compensation paid under a short-time compensation
program (as defined in section 3306(v) of the Internal Revenue
Code of 1986) under the provisions of the State law.
(2) Terms of payments.--Payments made to a State under
paragraph (1) shall be payable by way of reimbursement in such
amounts as the Secretary estimates the State will be entitled
to receive under this section for each calendar month, reduced
or increased, as the case may be, by any amount by which the
Secretary finds that the Secretary's estimates for any prior
calendar month were greater or less than the amounts which
should have been paid to the State. Such estimates may be made
on the basis of such statistical, sampling, or other method as
may be agreed upon by the Secretary and the State agency of the
State involved.
(3) Limitations on payments.--
(A) General payment limitations.--No payments shall
be made to a State under this section for 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) Applicability.--Payments to a State under subsection (a) shall
be available for weeks of unemployment--
(1) beginning on or after March 13, 2020; and
(2) ending on or before December 31, 2020.
(c) New Programs.--Subject to paragraphs (1)(B) and (2) of
subsection (b), 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 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. 80103. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION AGREEMENTS.
(a) Federal-State Agreements.--
(1) In general.--Any State which desires to do so may enter
into, and participate in, an agreement under this section with
the Secretary provided that such State's law does not provide
for the payment of short-time compensation under a short-time
compensation program (as defined in section 3306(v) of the
Internal Revenue Code of 1986).
(2) Ability to terminate.--Any State which is a party to an
agreement under this section may, upon providing 30 days'
written notice to the Secretary, terminate such agreement.
(b) Provisions of Federal-State Agreement.--
(1) In general.--Any agreement under this section shall
provide that the State agency of the State will make payments
of short-time compensation under a plan approved by the State.
Such plan shall provide that payments are made in accordance
with the requirements under section 3306(v) of the Internal
Revenue Code of 1986.
(2) Limitations on plans.--
(A) General payment limitations.--A short-time
compensation plan approved by a State shall not permit
the payment of short-time compensation to an individual
by the State during a benefit year in excess of 26
times the amount of regular compensation (including
dependents' allowances) under the State law payable to
such individual for a week of total unemployment.
(B) Employer limitations.--A short-time
compensation plan approved by a State shall not provide
payments to an individual if such individual is
employed by the participating employer on a seasonal,
temporary, or intermittent basis.
(3) Employer payment of costs.--Any short-time compensation
plan entered into by an employer must provide that 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) Terms of payments.--Payments made to a State under
paragraph (1) shall be payable by way of reimbursement in such
amounts as the Secretary estimates the State will be entitled
to receive under this section for each calendar month, reduced
or increased, as the case may be, by any amount by which the
Secretary finds that the Secretary's estimates for any prior
calendar month were greater or less than the amounts which
should have been paid to the State. Such estimates may be made
on the basis of such statistical, sampling, or other method as
may be agreed upon by the Secretary and the State agency of the
State involved.
(3) Funding.--There are appropriated, out of moneys in the
Treasury not otherwise appropriated, such sums as may be
necessary for purposes of carrying out this section.
(4) Certifications.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this section.
(d) Applicability.--An agreement entered into under this section
shall apply to weeks of unemployment--
(1) beginning on or after March 13, 2020; 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 paragraphs (1)(B) and (2) of section 2(b),
shall be eligible to receive payments under section 2 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).
SEC. 80104. EMERGENCY FLEXIBILITY FOR SHORT-TIME COMPENSATION.
Notwithstanding any other law, if a State modifies its unemployment
compensation law and policies with respect to availability for work and
work search test requirements for short-time compensation on an
emergency temporary basis as needed to respond to the spread of COVID-
19, such modifications shall be disregarded for the purposes of
applying section 303 of the Social Security Act and section 3306(v)(5)
of the Internal Revenue Code of 1986 to such State law.
SEC. 80105. 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) 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 3, 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, 2020.
(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).
(3) Certification.--If the Secretary finds that the State
law provisions meet the requirements for a grant under
subsection (a), the Secretary shall thereupon make a
certification to that effect to the Secretary of the Treasury,
together with a certification as to the amount of the grant
payment to be transferred to the State account in the
Unemployment Trust Fund (as established in section 904(a) of
the Social Security Act (42 U.S.C. 1104(a))) pursuant to that
finding. The Secretary of the Treasury shall make the
appropriate transfer to the State account within 7 days after
receiving such certification.
(4) Requirement.--No certification of compliance with the
requirements for a grant under paragraph (1) or (2) of
subsection (a) may be made with respect to any State whose--
(A) State law is not otherwise eligible for
certification under section 303 of the Social Security
Act (42 U.S.C. 503) or approvable under section 3304 of
the Internal Revenue Code of 1986; or
(B) short-time compensation program is subject to
discontinuation or is not scheduled to take effect
within 12 months of the certification.
(d) Use of Funds.--The amount of any grant awarded under this
section shall be used for the implementation of short-time compensation
programs and the overall administration of such programs and the
promotion and enrollment efforts associated with such programs, such as
through--
(1) the creation or support of rapid response teams to
advise employers about alternatives to layoffs;
(2) the provision of education or assistance to employers
to enable them to assess the feasibility of participating in
short-time compensation programs; and
(3) the development or enhancement of systems to automate--
(A) the submission and approval of plans; and
(B) the filing and approval of new and on-going
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) 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 for fiscal year 2020, out of
moneys in the Treasury not otherwise appropriated, to the Secretary,
$100,000,000 to carry out this section, to remain available until
December 31, 2020.
(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:
(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. 80106. EMERGENCY EXTENDED BENEFIT PERIOD FOR 2020.
(a) In General.--For purposes of section 203 of the Federal-State
Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note),
and notwithstanding any other provision of such section, an emergency
extended benefit period shall be deemed to occur with respect to each
State as follows:
(1) in the case of a State with respect to which an
extended benefit period is not in effect (without regard to
this section) for the 1st week beginning after the date of
enactment of this Act, an emergency extended benefit period is
deemed to begin with such week with respect to such State; and
(2) in the case of a State with respect to which an
extended benefit period is otherwise in effect (without regard
to this section) for such week, an emergency extended benefit
period is deemed to begin with the week following the last week
of such extended benefit period.
(b) Special Rule With Respect to Certain States.--In the case of a
State described in subsection (a)(1) with respect to which an extended
benefit period would (but for this section) begin during an emergency
extended benefit period, such extended benefit period shall begin with
the week following the last week of such emergency extended benefit
period.
(c) Additional Funding for Extended Compensation Accounts.--In the
case of a State described in (a)(2) or (b), section 202(b)(1) the
Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C.
3304 note) shall be applied for weeks during an emergency extended
benefit period by substituting for each of ``50'', ``thirteen'', and
``thirty-nine'' such higher number as the State determines is necessary
to account for such emergency extended benefit period.
(d) Treatment of Emergency Extended Benefit Period Under FSEUCA.--
The provisions of the Federal-State Extended Unemployment Compensation
Act of 1970 (26 U.S.C. 3304 note) shall apply to a State with respect
to which an emergency extended benefit period is in effect in the same
manner as such provisions apply to a State with respect to which an
extended benefit period is in effect.
TITLE II--EXPANDED ELIGIBILITY FOR UNEMPLOYMENT COMPENSATION
SEC. 80201. PANDEMIC SELF-EMPLOYMENT AND JOB ENTRANT COMPENSATION.
(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 (hereinafter in this section referred to as the
``Secretary''). Any State which is a party to an agreement under this
section may, upon providing 30 days' written notice to the Secretary,
terminate such agreement.
(b) Provisions of Agreement.--
(1) Pandemic self-employment and job entrant
compensation.--Any agreement under subsection (a) shall provide
that the State agency of the State will make payments on a
weekly basis (in this section referred to as ``Pandemic Self-
Employment and Job Entrant Compensation'') to unemployed
individuals who--
(A) have no rights to regular compensation with
respect to a week under the State law or any other
State unemployment compensation law or to compensation
under any other Federal law;
(B) are not receiving any State or private paid
leave (as defined in subsection (g)) with respect to
such week; and
(C) attest that--
(i) the individual is not able or available
to work due to COVID-19 with respect to such
week (as determined under paragraph (4)); and
(ii) but for COVID-19 (as determined under
paragraph (4)), the individual would be able
and available to work during such week.
(2) Amount of pandemic self-employment and job entrant
compensation.--
(A) In general.--Except as provided in subparagraph
(B), the amount of Pandemic Self-Employment and Job
Entrant Compensation payable to an individual for a
week under an agreement under subsection (a) shall be
$300.
(B) Higher payment for certain individuals.--
Notwithstanding subparagraph (A), the amount of
Pandemic Self-Employment and Job Entrant Compensation
payable to an individual for a week under an agreement
under subsection (a) shall be an amount equal to the
sum of $600 plus \1/4\ of the average weekly benefit
amount of regular compensation paid to eligible
individuals in the State as of January 1, 2020, but
only in the case of an individual who attests (and
furnishes such supporting documentation as the State
agency may request) that--
(i) the individual had net earnings from
self-employment (as defined in section 1402(a)
of the Internal Revenue Code of 1986) of not
less than $2,500 during the 6-month period
ending on the date of enactment of this Act; or
(ii) the individual had a contract or other
offer of employment suspended or rescinded due
to COVID-19.
(3) Duration of benefit payments.--An individual who
becomes entitled to Pandemic Self-Employment and Job Entrant
Compensation paid by a State under an agreement under
subsection (a) shall receive such benefit for not more than 26
weeks.
(4) Not able or available to work due to covid-19.--For
purposes of this subsection, an individual shall be considered
to be not able or available to work due to COVID-19 with
respect to a week during any part of which the individual is
not able or available to work because--
(A) the individual has a current diagnosis of
COVID-19;
(B) the individual is under quarantine (including
self-imposed quarantine), at the instruction of a
health care provider, employer, or a local, State, or
Federal official, in order to prevent the spread of
COVID-19;
(C) the individual is unable to engage in self-
employment (in the case of an individual described in
paragraph (2)(B)(i)) or seek suitable employment
because of closings or restrictions on movement related
to COVID-19;
(D) the individual is engaged in caregiving
(without compensation) for an individual who has a
current diagnosis of COVID-19 or is under quarantine as
described in subparagraph (B)); or
(E) the individual is engaged in caregiving
(without compensation), because of the COVID-19-related
closing of a school or other care facility or care
program, for a child or other individual unable to
provide self-care.
(5) Coordination with certain tax credits.--Notwithstanding
paragraph (1), no individual may become entitled to Pandemic
Self-Employment and Job Entrant Compensation under an agreement
under subsection (a) unless the individual makes an irrevocable
election (at such time and in such manner as the Secretary of
the Treasury may provide) to have sections 7002 and 7004 of the
Families First Coronavirus Response Act not apply with respect
to such individual. An individual who makes such an election
shall not be treated as an individual to whom a credit is
allowable under such sections.
(c) 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 Pandemic Self-
Employment and Job Entrant Compensation paid to
individuals by the State pursuant to such
agreement; and
(ii) any additional administrative expenses
incurred by the State by reason of such
agreement (as determined by the Secretary).
(B) Terms of payments.--Sums payable to any State
by reason of such State's having an agreement under
this section shall be payable, either in advance or by
way of reimbursement (as determined by the Secretary),
in such amounts as the Secretary estimates the State
will be entitled to receive under this section for each
calendar month, reduced or increased, as the case may
be, by any amount by which the Secretary finds that his
estimates for any prior calendar month were greater or
less than the amounts which should have been paid to
the State. Such estimates may be made on the basis of
such statistical, sampling, or other method as may be
agreed upon by the Secretary and the State agency of
the State involved.
(2) Funding.--
(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 paragraph (1).
(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.
(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.
(d) Applicability.--
(1) In general.--An agreement entered into under this
section shall apply with respect to weeks--
(A) beginning on or after March 13, 2020; and
(B) ending on or before January 1, 2021.
(2) Transition rule for individuals remaining entitled to
pandemic self-employment and job entrant compensation as of
january 1, 2021.--In the case of any individual who, as of the
date specified in paragraph (1)(B), has not yet exhausted all
rights to Pandemic Self-Employment and Job Entrant Compensation
under the agreement under subsection (a), Pandemic Self-
Employment and Job Entrant Compensation shall continue to be
payable to such individual for any week beginning on or after
such date for which the individual is otherwise eligible for
such Pandemic Self-Employment and Job Entrant Compensation.
(3) Termination.--Notwithstanding any other provision of
this subsection, no Pandemic Self-Employment and Job Entrant
Compensation shall be payable for any week beginning after June
30, 2021.
(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 Self-Employment and Job Entrant Compensation to which
such individual was not entitled, such individual--
(A) shall be ineligible for further Pandemic Self-
Employment and Job Entrant 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 Pandemic Self-Employment and Job Entrant
Compensation to which they were not entitled, the State shall
require such individuals to repay the amounts of such Pandemic
Self-Employment and Job Entrant Compensation to the State
agency, except that the State agency may waive such repayment
if it determines that--
(A) the payment of such Pandemic Self-Employment
and Job Entrant Compensation was without fault on the
part of any such individual; and
(B) such repayment would be contrary to equity and
good conscience.
(3) Recovery by state agency.--
(A) In general.--The State agency may recover the
amount to be repaid, or any part thereof, by deductions
from any Pandemic Self-Employment and Job Entrant
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 Pandemic Self-
Employment and Job Entrant Compensation to which they
were not entitled, in accordance with the same
procedures as apply to the recovery of overpayments of
regular unemployment benefits paid by the State.
(B) Opportunity for hearing.--No repayment shall be
required, and no deduction shall be made, until a
determination has been made, notice thereof and an
opportunity for a fair hearing has been given to the
individual, and the determination has become final.
(4) Review.--Any determination by a State agency under this
section shall be subject to review in the same manner and to
the same extent as determinations under the State unemployment
compensation law, and only in that manner and to that extent.
(5) Deposit in state unemployment fund.--Any amount
recovered by a State agency pursuant to this subsection shall
be deposited in the account of such State in the Unemployment
Trust Fund.
(f) Treatment of Pandemic Self-Employment and Job Entrant
Compensation Payments.--
(1) Payment to be disregarded for purposes of all federal
and federally assisted programs.--A Pandemic Self-Employment
and Job Entrant Compensation payment shall not be regarded as
income and shall not be regarded as a resource for the month of
receipt and the following 9 months, for purposes of determining
the eligibility of the recipient (or the recipient's spouse or
family) for benefits or assistance, or the amount or extent of
benefits or assistance, under any Federal program or under any
State or local program financed in whole or in part with
Federal funds.
(2) Payment not considered income for purposes of
taxation.--A Pandemic Self-Employment and Job Entrant
Compensation payment shall not be considered as gross income
for purposes of the Internal Revenue Code of 1986.
(g) Definitions.--For purposes of this section--
(1) the terms ``compensation'' (except as such term is used
in subsection (b)(4)), ``regular compensation'', ``State'',
``State agency'', and ``State law'' 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) the term ``State or private paid leave'' means a
benefit which provides full or partial wage replacement to
employees on the basis of specifically defined qualifying
events described in section 102 of the Family and Medical Leave
Act of 1993 or defined by a written employer policy or State
law and which ends either when the qualifying event is no
longer applicable or a set period of benefits is exhausted.
TITLE III--RELIEF FOR GOVERNMENTAL AND NONPROFIT ENTITIES
SEC. 80301. 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
``(j)(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 to
reimburse governmental entities and other organizations described in
section 3309(a)(2) of such Code for amounts paid (in lieu of
contributions) into the State unemployment fund pursuant to such
section.
``(D) For purposes of this paragraph, the term `applicable period'
means the period beginning on March 13, 2020, and ending on December
31, 2020.
``(2)(A) Notwithstanding any other provision of law, the Secretary
of the Treasury shall transfer from the general fund of the Treasury
(from funds not otherwise appropriated) to the employment security
administration account (as established by section 901 of the Social
Security Act) 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.''.
(c) Operating Instructions or Other Guidance.--The Secretary of
Labor may issue any operating instructions or other guidance necessary
to carry out the amendments made by this section.
TITLE IV--EMERGENCY ASSISTANCE FOR RAIL WORKERS
SEC. 80401. 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) Regulations.--The Railroad Retirement Board may prescribe any
operating instructions or regulations necessary to carry out this
section.
(c) Appropriations.--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 (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) Definitions.--For purposes of this section, ``registration
period'' has the meaning given such term under section 1 of the
Railroad Unemployment Insurance Act.
SEC. 80402. 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) 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 December
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),
and throughout any continuing period of unemployment beginning on or
before December 31, 2020, except that no benefit under this section
shall be payable after June 30, 2021. 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 $950,000,000 to cover the cost of recovery
benefits provided under subparagraph (A), to remain available until
expended.
``(C) A recovery benefit payable under subparagraph (A) shall not
be regarded as income and shall not be regarded as a resource for the
month of receipt and the following 9 months, for purposes of
determining the eligibility of the recipient (or the recipient's spouse
or family) for benefits or assistance, or the amount or extent of
benefits or assistance, under any Federal program or under any State or
local program financed in whole or in part with Federal funds.''.
SEC. 80403. 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 15,
2019'';
(2) by striking ``June 30, 2013'' and inserting ``June 30,
2020''; and
(3) by striking ``December 31, 2013'' and inserting
``December 31, 2020''.
(b) Clarification on Authority to Use Funds.--Funds appropriated
under either the first or second sentence of clause (iv) of section
2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be
available to cover the cost of additional extended unemployment
benefits provided under such section 2(c)(2)(D) by reason of the
amendments made by subsection (a) as well as to cover the cost of such
benefits provided under such section 2(c)(2)(D) as in effect on the day
before the date of enactment of this Act.
SEC. 80404. TREATMENT OF PAYMENTS FROM THE RAILROAD UNEMPLOYMENT
INSURANCE ACCOUNT.
(a) In General.--Section 256(i)(1) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 906(i)(1)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by inserting ``and'' at the end;
and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) any payment made from the Railroad Unemployment
Insurance Account (established by section 10 of the Railroad
Unemployment Insurance Act) for the purpose of carrying out the
Railroad Unemployment Insurance Act, and funds appropriated or
transferred to or otherwise deposited in such Account,''.
(b) Effective Date.--The treatment of payments made from the
Railroad Unemployment Insurance Account pursuant to the amendment made
by subsection (a) shall take effect 7 days after the date of enactment
of this Act and shall apply only to obligations incurred on or after
such effective date for such payments.
DIVISION I--FINANCIAL SERVICES
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Financial
Protections and Assistance for America's Consumers, States, Businesses,
and Vulnerable Populations Act''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to this division.
Sec. 3. Severability.
TITLE I--PROTECTING CONSUMERS, RENTERS, HOMEOWNERS AND PEOPLE
EXPERIENCING HOMELESSNESS
Sec. 101. Suspension of requirements regarding tenant contribution
toward rent.
Sec. 102. Temporary moratorium on eviction filings.
Sec. 103. Suspension of other consumer loan payments.
Sec. 104. Emergency rental assistance.
Sec. 105. Emergency homeless assistance.
Sec. 106. Participation of Indian Tribes and tribally designated
housing entities in Continuum of Care
Program.
Sec. 107. Housing Assistance Fund.
Sec. 108. Mortgage forbearance.
Sec. 109. Bankruptcy protections.
Sec. 110. Debt collection.
Sec. 111. Disaster Protection for Workers' Credit.
Sec. 112. Student loans.
Sec. 113. Waiver of in-person appraisal requirements.
Sec. 114. Supplemental funding for community development block grants.
Sec. 115. COVID-19 Emergency Housing Relief.
Sec. 116. Supplemental funding for service coordinators to assist
elderly households.
Sec. 117. Fair housing.
Sec. 118. HUD counseling program authorization.
Sec. 119. Defense Production Act of 1950.
TITLE II--ASSISTING SMALL BUSINESSES AND COMMUNITY FINANCIAL
INSTITUTIONS
Sec. 201. Small Business Credit Facility.
Sec. 202. Small Business Financial Assistance Program.
Sec. 203. Loan and Obligation Payment Relief for Affected Small
Businesses and Non-Profits.
Sec. 204. Reauthorization of the State Small Business Credit Initiative
Act of 2010.
Sec. 205. Funding of the Initiative to Build Growth Equity Funds for
Minority Businesses.
Sec. 206. Community Development Financial Institutions Fund
supplemental appropriation authorization.
Sec. 207. Minority depository institution.
Sec. 208. Loans to MDIs and CDFIs.
Sec. 209. Insurance of transaction accounts.
TITLE III--SUPPORTING STATE, TERRITORY, AND LOCAL GOVERNMENTS
Sec. 301. Muni Facility.
Sec. 302. Temporary waiver and reprogramming authority.
TITLE IV--PROMOTING FINANCIAL STABILITY AND TRANSPARENT MARKETS
Sec. 401. Temporary halt to rulemakings unrelated to COVID-19.
Sec. 402. Temporary ban on stock buybacks.
Sec. 403. Disclosures related to supply chain disruption risk.
Sec. 404. Disclosures related to global pandemic risk.
Sec. 405. Oversight of Federal aid related to COVID-19.
Sec. 406. International financial institutions.
Sec. 407. Conditions on Federal aid to corporations.
Sec. 408. Authority for warrants and debt instruments.
Sec. 409. Authorization to participate in the New Arrangements to
Borrow of the International Monetary Fund.
Sec. 410. [Reserved].
Sec. 411. [Reserved].
Sec. 412. International Finance Corporation.
Sec. 413. Oversight and Reports.
TITLE V--PANDEMIC PLANNING AND GUIDANCE FOR CONSUMERS AND REGULATORS
Sec. 501. Financial Literacy Education Commission Emergency Response.
Sec. 502. Interagency Pandemic Guidance for Consumers.
Sec. 503. SEC Pandemic Guidance for Investors.
Sec. 504. Updates of the Pandemic Influenza Plan and National Planning
Frameworks.
SEC. 2. REFERENCES TO THIS DIVISION.
In this division, any reference to ``this Act'' shall be deemed a
reference to this division.
SEC. 3. SEVERABILITY.
If any provision of this Act or the application of such provision
to any person or circumstance is held to be unconstitutional, the
remainder of this Act, and the application of the provisions of this
Act, to any person or circumstance shall not be affected thereby.
TITLE I--PROTECTING CONSUMERS, RENTERS, HOMEOWNERS AND PEOPLE
EXPERIENCING HOMELESSNESS
SEC. 101. SUSPENSION OF REQUIREMENTS REGARDING TENANT CONTRIBUTION
TOWARD RENT.
(a) Suspension.--Notwithstanding any other provision of law, the
obligation of each tenant household of a dwelling unit in assisted
housing to pay any contribution toward rent for occupancy in such
dwelling unit shall be suspended with respect to such occupancy during
the period beginning on the date of the enactment of this Act and
ending 6 months after the date of the termination by the Federal
Emergency Management Agency of the emergency declared on March 13,
2020, by the President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 4121 et seq.) relating to the
Coronavirus Disease 2019 (COVID-19) pandemic.
(b) Federal Reimbursement Payments.--To the extent that amounts are
made available pursuant to subsection (e) for reimbursements under this
subsection, the Secretary of Housing and Urban Development or the
Secretary of Agriculture, as appropriate, shall--
(1) provide owners of assisted housing and public housing
agencies for any amounts in rent not received as a result of
subsection (a), plus the amount of any increases in costs of
administering and maintaining such housing to the extent only
that such increases result from the public health emergency
relating to Coronavirus Disease 2019 (COVID-19); and
(2) in the case of public housing agencies providing
assistance under section 8(o) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)), reimburse such agencies in an
amount sufficient to cover any increase in housing assistance
payments resulting from the suspension of tenant rent payments
pursuant to subsection (a), plus the amount of any increases in
the cost of administering such assistance to the extent only
that such increases result from the public health emergency
relating to Coronavirus Disease 2019 (COVID-19).
(c) Prohibitions.--
(1) On fines.--No tenant or tenant household may be charged
a fine or fee for nonpayment of rent in accordance with
subsection (a) and such nonpayment of rent shall not be grounds
for any termination of tenancy or eviction.
(2) On debt.--No tenant or tenant household may be treated
as accruing any debt by reason of suspension of contribution of
rent under subsection (a).
(3) On repayment.--held liable for repayment of any amount
of rent contribution suspended under subsection (a).
(4) On credit scores.--The nonpayment of rent by a tenant
or tenant household shall not be reported to a consumer
reporting agency nor shall such nonpayment adversely affect a
tenant or member of a tenant household's credit score.
(d) Assisted Housing.--For purposes of this section, the term
``assisted housing'' means housing or a dwelling unit assisted under--
(1) section 213, 220, 221(d)(3), 221(d)(4), 223(e), 231, or
236 of the National Housing Act (12 U.S.C. 1715l(d)(3), (d)(4),
or 1715z-1);
(2) section 101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s);
(3) section 202 of the Housing Act of 1959 (12 U.S.C.
1701q);
(4) section 811 of the Cranston-Gonzales National
Affordable Housing Act (42 U.S.C. 8013);
(5) title II of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12701 et seq.);
(6) subtitle D of title VIII of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12901 et seq.);
(7) title I of the Housing and Community Development Act of
1974 (42 U.S.C. 5301 et seq.);
(8) section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f);
(9) the public housing program under title I of the United
States Housing Act of 1937 (42 U.S.C. 1437 et seq.); or
(10) section 514, 515, 516, 521(a)(2), 538, or 542 of the
Housing Act of 1949 (42 U.S.C. 1484, 1485, 1486, 1490a(a)(2),
1490p-2, 1490r).
(e) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to make payments under
subsection (b) to all owners of assisted housing and public housing
agencies.
SEC. 102. TEMPORARY MORATORIUM ON EVICTION FILINGS.
(a) Congressional Findings.--The Congress finds that--
(1) according to the 2018 American Community Survey, 36
percent of households in the United States--more than 43
million households--are renters;
(2) in 2019 alone, renters in the United States paid $512
billion in rent;
(3) according to the Joint Center for Housing Studies of
Harvard University, 20.8 million renters in the United States
spent more than 30 percent of their incomes on housing in 2018
and 10.9 million renters spent more than 50 percent of their
incomes on housing in the same year;
(4) Moody's Analytics estimates that 27 million jobs in the
U.S. economy are at high risk because of COVID-19;
(5) the impacts of the spread of COVID-19, which is now
considered a global pandemic, are expected to negatively impact
the incomes of potentially millions of renter households,
making it difficult for them to pay their rent on time; and
(6) evictions in the current environment would increase
homelessness and housing instability which would be
counterproductive towards the public health goals of keeping
individuals in their homes to the greatest extent possible.
(b) Moratorium.--During the period beginning on the date of the
enactment of this Act and ending on the date described in paragraph (1)
of subsection (d), the lessor of a covered dwelling may not make, or
cause to be made, any filing with the court of jurisdiction to initiate
a legal action to recover possession of the covered dwelling from the
tenant regardless of cause, except when a tenant perpetrates a serious
criminal act that threatens the health, life, or safety of other
tenants, owners, or staff of the property in which the covered dwelling
is located.
(c) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Covered dwelling.--The term ``covered dwelling'' means
a dwelling that is occupied by a tenant--
(A) pursuant to a residential lease; or
(B) without a lease or with a lease terminable at
will under State law.
(2) Dwelling.--The term ``dwelling'' has the meaning given
such term in section 802 of the Fair Housing Act (42 U.S.C.
3602) and includes houses and dwellings described in section
803(b) of such Act (42 U.S.C. 3603(b)).
(d) Sunset.--
(1) Sunset date.--The date described in this paragraph is
the date of the expiration of the 6-month period that begins
upon the termination by the Federal Emergency Management Agency
of the emergency declared on March 13, 2020, by the President
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 4121 et seq.) relating to the
Coronavirus Disease 2019 (COVID-19) pandemic.
(2) Notice to vacate after sunset date.--After the date
described in paragraph (1), the lessor of a covered dwelling
may not require the tenant to vacate the covered dwelling
before the expiration of the 30-day period that begins upon the
provision by the lessor to the tenant, after the date described
in paragraph (1), of a notice to vacate the covered dwelling.
SEC. 103. SUSPENSION OF OTHER CONSUMER LOAN PAYMENTS.
(a) In General.--During the COVID-19 emergency, a debt collector
may not, with respect to a debt of a consumer (other than debt related
to a federally related mortgage loan)--
(1) capitalize unpaid interest;
(2) apply a higher interest rate triggered by the
nonpayment of a debt to the debt balance;
(3) charge a fee triggered by the nonpayment of a debt;
(4) sue or threaten to sue for nonpayment of a debt;
(5) continue litigation to collect a debt that was
initiated before the date of enactment of this section;
(6) submit or cause to be submitted a confession of
judgment to any court;
(7) enforce a security interest through repossession,
limitation of use, or foreclosure;
(8) take or threaten to take any action to enforce
collection, or any adverse action for nonpayment of a debt, or
for nonappearance at any hearing relating to a debt;
(9) commence or continue any action to cause or to seek to
cause the collection of a debt, including pursuant to a court
order issued before the end of the 120-day period following the
end of the COVID-19 emergency, from wages, Federal benefits, or
other amounts due to a consumer by way of garnishment,
deduction, offset, or other seizure;
(10) cause or seek to cause the collection of a debt,
including pursuant to a court order issued before the end of
the 120-day period following the end of the COVID-19 emergency,
by levying on funds from a bank account or seizing any other
assets of a consumer;
(11) commence or continue an action to evict a consumer
from real or personal property; or
(12) disconnect or terminate service from utility service,
including electricity, natural gas, telecommunications or
broadband, water, or sewer.
(b) Rule of Construction.--Nothing in this section may be construed
to prohibit a consumer from voluntarily paying, in whole or in part, a
debt.
(c) Repayment Period.--After the expiration of the COVID-19
emergency, with respect to a debt described under subsection (a), a
debt collector--
(1) may not add to the debt balance any interest or fee
prohibited by subsection (a);
(2) shall, for credit with a defined term or payment
period, extend the time period to repay the debt balance by 1
payment period for each payment that a consumer missed during
the COVID-19 emergency, with the payments due in the same
amounts and at the same intervals as the pre-existing payment
schedule;
(3) shall, for an open end credit plan (as defined under
section 103 of the Truth in Lending Act) or other credit
without a defined term, allow the consumer to repay the debt
balance in a manner that does not exceed the amounts permitted
by formulas under section 170(c) of the Truth in Lending Act
and regulations promulgated thereunder;
(4) shall, when the consumer notifies the debt collector,
offer reasonable and affordable repayment plans, loan
modifications, refinancing, options with a reasonable time in
which to repay the debt.
(d) Communications in Connection With the Collection of a Debt.--
(1) In general.--During the COVID-19 emergency, without
prior consent of a consumer given directly to a debt collector
during the COVID-19 emergency, or the express permission of a
court of competent jurisdiction, a debt collector may only
communicate in writing in connection with the collection of any
debt (other than debt related to a federally related mortgage
loan).
(2) Required disclosures.--
(A) In general.--All written communications
described under paragraph (1) shall inform the consumer
that the communication is for informational purposes
and is not an attempt to collect a debt.
(B) Requirements.--The disclosure required under
subparagraph (A) shall be made--
(i) in type or lettering not smaller than
14-point bold type;
(ii) separate from any other disclosure;
(iii) in a manner designed to ensure that
the recipient sees the disclosure clearly;
(iv) in English and Spanish and in any
additional languages in which the debt
collector communicates, including the language
in which the loan was negotiated, to the extent
known by the debt collector; and
(v) may be provided by first-class mail or
electronically, if the borrower has otherwise
consented to electronic communication with the
debt collector and has not revoked such
consent.
(C) Oral notification.--Any oral notification shall
be provided in the language the debt collector
otherwise uses to communicate with the borrower.
(D) Written translations.--In providing written
notifications in languages other than English in this
Section, a debt collector may rely on written
translations developed by the Bureau of Consumer
Financial Protection.
(e) Violations.--
(1) In general.--Any person who violates this section
shall--
(A) except as provided under subparagraph (B), be
subject to civil liability in accordance with section
813 of the Fair Debt Collection Practices Act, as if
the person is a debt collector for purposes of that
section; and
(B) be liable to the consumer for an amount 10
times the amounts described in such section 813, for
each violation.
(2) Predispute arbitration agreements.--Notwithstanding any
other provision of law, no predispute arbitration agreement or
predispute joint-action waiver shall be valid or enforceable
with respect to a dispute brought under this section, including
a dispute as to the applicability of this section, which shall
be determined under Federal law.
(f) Tolling.--Except as provided in subsection (g)(5), any
applicable time limitations, including statutes of limitations, related
to a debt under Federal or State law shall be tolled during the COVID-
19 emergency.
(g) Claims of Affected Creditors and Debt Collectors.--
(1) Valuation of property.--With respect to any action
asserting a taking under the Fifth Amendment of the
Constitution of the United States as a result of this section
or seeking a declaratory judgment regarding the
constitutionality of this section, the value of the property
alleged to have been taken without just compensation shall be
evaluated--
(A) with consideration of the likelihood of full
and timely payment of the obligation without the
actions taken pursuant to this section; and
(B) without consideration of any assistance
provided directly or indirectly to the consumer from
other Federal, State, and local government programs
instituted or legislation enacted in response to the
COVID-19 emergency.
(2) Scope of just compensation.--In an action described in
paragraph (1), any assistance or benefit provided directly or
indirectly to the person from other Federal, State, and local
government programs instituted in or legislation enacted
response to the COVID-19 emergency, shall be deemed to be
compensation for the property taken, even if such assistance or
benefit is not specifically provided as compensation for
property taken by this section.
(3) Appeals.--Any appeal from an action under this section
shall be treated under section 158 of title 28, United States
Code, as if it were an appeal in a case under title 11, United
States Code.
(4) Repose.--Any action asserting a taking under the Fifth
Amendment to the Constitution of the United States as a result
of this section shall be brought within not later than 180 days
after the end of the COVID-19 emergency.
(h) Credit Facility for Other Purposes.--
(1) Establishment.--The Board of Governors of the Federal
Reserve System shall establish a facility that the Board of
Governors shall use to make payments to covered financial
institutions to compensate such institutions for documented
financial losses caused by the suspension of payments required
under this section.
(2) Covered financial institution defined.--In this
subsection, the term ``covered financial institution'' means
the holder of a loan described under this section.
(i) Definitions.--In this section:
(1) Consumer.--The term ``consumer'' means any individual
obligated or allegedly obligated to pay any debt.
(2) COVID-19 emergency.--The term ``COVID-19 emergency''
means the period that begins upon the date of the enactment of
this Act and ends on the date of the termination by the Federal
Emergency Management Agency of the emergency declared on March
13, 2020, by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 4121 et
seq.) relating to the Coronavirus Disease 2019 (COVID-19)
pandemic.
(3) Creditor.--The term ``creditor'' means--
(A) any person who offers or extends credit
creating a debt or to whom a debt is owed or other
obligation for payment;
(B) any lessor of real or personal property; or
(C) any provider of utility services.
(4) Debt.--The term ``debt''--
(A) means any obligation or alleged obligation that
is or during the COVID emergency becomes past due--
(i) for which the original agreement, or if
there is no agreement, the original obligation
to pay was created before the COVID emergency,
whether or not such obligation has been reduced
to judgment; and
(ii) that arises out of a transaction with
a consumer; and
(B) does not include a federally related mortgage
loan.
(5) Debt collector.--The term ``debt collector'' means a
creditor, and any person or entity that engages in the
collection of debt, including the Federal Government and a
State government, irrespective of whether the debt is allegedly
owed to or assigned to that person or to the entity.
(6) Federally related mortgage loan.--The term ``federally
related mortgage loan'' has the meaning given that term under
section 3 of the Real Estate Settlement Procedures Act of 1974
(12 U.S.C. 2602).
SEC. 104. EMERGENCY RENTAL ASSISTANCE.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for grants under the Emergency Solutions Grants program
under subtitle B of title IV of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11371 et seq.) $100,000,000,000 for grants under such
subtitle only for providing rental assistance in accordance with
section 415(a)(4) of such Act (42 U.S.C. 11374(a)(4)) and this section
to respond to needs arising from the emergency declared on March 13,
2020, by the President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 4121 et seq.) relating to the
Coronavirus Disease 2019 (COVID-19) pandemic.
(b) Income Targeting.--For purposes of assistance made available
with amounts made available pursuant to subsection (a)--
(1) section 401(1)(A) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360(1)(A)) shall be applied by
substituting ``80 percent'' for ``30 percent''; and
(2) each grantee of such amounts shall use not less than 50
percent of the amounts received only for providing assistance
for persons or families experiencing homelessness or at risk of
homelessness, who have incomes not exceeding 50 percent of the
median income for the relevant geographic area; except that the
Secretary may waive the requirement under this paragraph if the
grantee demonstrates to the satisfaction of the Secretary that
the population in the geographic area served by the grantee
having such incomes is sufficiently being served with respect
to activities eligible for funding with such amounts.
(c) Definition of at Risk of Homelessness.--For purposes of
assistance made available with amounts made available pursuant to
subsection (a), section 401(1) of the McKinney-Vento Homeless
Assistance Act shall be applied, during the period that begins on the
date of the enactment of this Act and ends upon the expiration of the
6-month period that begins upon the termination by the Federal
Emergency Management Agency of the emergency declared on March 13,
2020, by the President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 4121 et seq.) relating to the
Coronavirus Disease 2019 (COVID-19) pandemic, as if subparagraph (C)
were repealed.
(d) 3-Year Availability.--Each grantee of amounts made available
pursuant to subsection (a) shall expend--
(1) at least 60 percent of such grant amounts within 2
years of the date that such funds became available to the
grantee for obligation; and
(2) 100 percent of such grant amounts within 3 years of
such date.
The Secretary may recapture any amounts not expended in compliance with
paragraph (1) of this subsection and reallocate such amounts to
grantees in compliance with the formula referred to in subsection
(h)(1)(A) of this section.
(e) Rent Restrictions.--Paragraph (1) of section 576.106(d) of the
Secretary's regulations (24 C.F.R. 576.106(d)(1)) shall be applied,
with respect to rental assistance made available with amounts made
available pursuant to subsection (a), by substituting ``120 percent of
the Fair Market Rent'' for ``the Fair Market Rent''.
(f) Subleases.--Notwithstanding the second sentence of subsection
(g) of section 576.106 of the Secretary's regulations (24 C.F.R.
576.106(g)), a program participant may sublet, with rental assistance
made available with amounts made available pursuant to subsection (a)
of this section, a dwelling unit from a renter of the dwelling unit if
there is a legally binding, written lease agreement for such sublease.
(g) Housing Relocation or Stabilization Activities.--A grantee of
amounts made available pursuant to subsection (a) may expend up to 20
percent of its allocation for activities under section 415(a)(5) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11374(a)(5)).
(h) Allocation of Assistance.--
(1) In general.--In allocating amounts made available
pursuant to subsection (a), the Secretary of Housing and Urban
Development shall--
(A) not later than 30 days after the date of the
enactment of this Act, allocate any such amounts that
do not exceed $50,000,000,000 under the formula
specified in subsections (a), (b), and (e) of section
414 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11373) to, and notify, each State, metropolitan
city, and urban county that is to receive a direct
grant of such amounts; and
(B) not later than 120 days after the date of the
enactment of this Act, allocate any remaining amounts
to eligible grantees by a formula to be developed by
the Secretary of Housing and Urban Development that
takes into consideration the formula referred to in
subparagraph (A) of this paragraph, and the need for
emergency rental assistance under this section,
including severe housing cost burden among extremely
low- and very low-income renters and disruptions in
housing and economic conditions, including
unemployment.
(2) Allocations to states.--A State recipient of an
allocation under this section may elect to directly administer
up to 50 percent of its allocation to carry out activities
eligible under this section.
(3) Election not to administer.--If a grantee elects not to
receive funds under this section, such funds shall be allocated
to the State recipient in which the grantee is located.
(i) Inapplicability of Matching Requirement.--Subsection (a) of
section 416 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11375(a)) shall not apply to any amounts made available pursuant to
subsection (a) of this section.
(j) Prohibition on Prerequisites.--None of the funds authorized
under this section 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.
(k) Public Hearings.--
(1) Inapplicability of in-person hearing requirements.--A
grantee may not be required to hold in-person public hearings
in connection with its citizen participation plan, but shall
provide citizens with notice and a reasonable opportunity to
comment of not less than 15 days. Following the period that
begins upon the date of the enactment of this Act and ends upon
the date of the termination by the Federal Emergency Management
Agency of the emergency declared on March 13, 2020, by the
President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 4121 et seq.) relating to
the Coronavirus Disease 2019 (COVID-19) pandemic, and after the
period described in paragraph (2), the Secretary shall direct
grantees to resume pre-crisis public hearing requirements.
(2) Virtual public hearings.--During the period that
national or local health authorities recommend social
distancing and limiting public gatherings for public health
reasons, a grantee may fulfill applicable public hearing
requirements for all grants from funds made available pursuant
to this section by carrying out virtual public hearings. Any
such virtual hearings shall provide reasonable notification and
access for citizens in accordance with the grantee's
certifications, timely responses from local officials to all
citizen questions and issues, and public access to all
questions and responses.
(l) Administration.--Of any amounts made available pursuant to
subsection (a), not more than the lesser of 0.5 percent, or
$15,000,000, may be used for staffing, training, technical assistance,
technology, monitoring, research, and evaluation activities necessary
to carry out the program carried out under this section, and such
amounts shall remain available until September 30, 2024.
SEC. 105. EMERGENCY HOMELESS ASSISTANCE.
(a) Authorization of Appropriations.--There is authorized to be
appropriated under the Emergency Solutions Grants program under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11371 et seq.) $15,500,000,000 for grants under such
subtitle in accordance with this section to respond to needs arising
from the public health emergency relating to Coronavirus Disease 2019
(COVID-19).
(b) Formula.--Notwithstanding sections 413 and 414 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11372, 11373), the Secretary
of Housing and Urban Development (in this Act referred to as the
``Secretary'') shall allocate amounts made available pursuant to
subsection (a) in accordance with a formula to be established by the
Secretary that takes into consideration the following factors:
(1) Risk of transmission of coronavirus in a jurisdiction.
(2) Whether a jurisdiction has a high number or rate of
sheltered and unsheltered homeless individuals and families.
(3) Economic and housing market conditions in a
jurisdiction.
(c) Eligible Activities.--In addition to eligible activities under
section 415(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11374(a), amounts made available pursuant to subsection (a) may also be
used for costs of the following activities:
(1) Providing training on infectious disease prevention and
mitigation.
(2) Providing hazard pay, including for time worked before
the effectiveness of this clause, for staff working directly to
prevent and mitigate the spread of coronavirus or COVID-19
among people experiencing or at risk of homelessness.
(3) Reimbursement of costs for eligible activities
(including activities described in this paragraph) relating to
preventing, preparing for, or responding to the coronavirus or
COVID-19 that were accrued before the date of the enactment of
this Act.
Use of such amounts for activities described in this paragraph shall
not be considered use for administrative purposes for purposes of
section 418 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11377).
(d) Inapplicability of Procurement Standards.--To the extent
amounts made available pursuant to subsection (a) are used to procure
goods and services relating to activities to prevent, prepare for, or
respond to the coronavirus or COVID-19, the standards and requirements
regarding procurement that are otherwise applicable shall not apply.
(e) Inapplicability of Habitability and Environmental Review
Standards.--Any Federal standards and requirements regarding
habitability and environmental review shall not apply with respect to
any emergency shelter that is assisted with amounts made available
pursuant to subsection (a) and has been determined by a State or local
health official, in accordance with such requirements as the Secretary
shall establish, to be necessary to prevent and mitigate the spread of
coronavirus or COVID-19, such shelters.
(f) Inapplicability of Cap on Emergency Shelter Activities.--
Subsection (b) of section 415 of the McKinney-Vento Homeless Assistance
Act shall not apply to any amounts made available pursuant to
subsection (a)(1) of this section.
(g) Initial Allocation of Assistance.--Section 417(b) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11376(b)) shall be
applied with respect to amounts made available pursuant to subsection
(a) by substituting ``30-day'' for ``60-day''.
(h) Waivers and Alternative Requirements.--
(1) Authority.--In administering amounts made available
pursuant to subsection (a), the Secretary may waive, or specify
alternative requirements for, any provision of any statute or
regulation (except for any requirements related to fair
housing, nondiscrimination, labor standards, and the
environment) that the Secretary administers in connection with
the obligation or use by the recipient of such amounts, if the
Secretary finds that good cause exists for the waiver or
alternative requirement and such waiver or alternative
requirement is consistent with the purposes described in this
subsection.
(2) Effectiveness; applicability.--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 made available pursuant to
subsection (a) and amounts provided in prior appropriation Acts
for fiscal year 2020 under the heading ``Department of Housing
and Urban Development--Community Planning and Development--
Community Development Fund'' and used by recipients for the
purposes described in this subsection.
(3) Notification.--The Secretary shall notify the public
through the Federal Register or other appropriate means 5 days
before the effective date of any such waiver or alternative
requirement, and any such public notice may be provided on the
Internet at the appropriate Government web site or through
other electronic media, as determined by the Secretary.
(4) Exemption.--The use of amounts made available pursuant
to subsection (a) 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 shall 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.
(i) Inapplicability of Matching Requirement.--Subsection (a) of
section 416 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11375(a)) shall not apply to any amounts made available pursuant to
subsection (a) of this section.
(j) Prohibition on Prerequisites.--None of the funds authorized
under this section 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.
SEC. 106. PARTICIPATION OF INDIAN TRIBES AND TRIBALLY DESIGNATED
HOUSING ENTITIES IN CONTINUUM OF CARE PROGRAM.
(a) In General.--Title IV of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11360 et seq.) is amended--
(1) in section 401 (42 U.S.C. 11360)--
(A) by redesignating paragraphs (10) through (33)
as paragraphs (12) through (35), respectively;
(B) by redesignating paragraphs (8) and (9) as
paragraphs (9) and (10), respectively;
(C) by inserting after paragraph (7) the following:
``(8) Formula area.--The term `formula area' has the
meaning given the term in section 1000.302 of title 24, Code of
Federal Regulations, or any successor regulation.'';
(D) in paragraph (9), as so redesignated, by
inserting ``a formula area,'' after ``nonentitlement
area,''; and
(E) by inserting after paragraph (10), as so
redesignated, the following:
``(11) Indian tribe.--The term `Indian Tribe' has the
meaning given the term `Indian tribe' in section 4 of the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4103).''; and
(2) in subtitle C (42 U.S.C. 11381 et seq.), by adding at
the end the following:
``SEC. 435. PARTICIPATION OF INDIAN TRIBES AND TRIBALLY DESIGNATED
HOUSING ENTITIES.
``Notwithstanding any other provision of this title, for purposes
of this subtitle, an Indian Tribe or tribally designated housing entity
(as defined in section 4 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4103)) may--
``(1) be a collaborative applicant or eligible entity; or
``(2) receive grant amounts from another entity that
receives a grant directly from the Secretary, and use the
amounts in accordance with this subtitle.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 101(b) of the McKinney-Vento Homeless Assistance Act (Public
Law 100-77; 101 Stat. 482) is amended by inserting after the item
relating to section 434 the following:
``Sec. 435. Participation of Indian Tribes and tribally designated
housing entities.''.
SEC. 107. HOUSING ASSISTANCE FUND.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(2) State.--The term ``State'' means any State of the
United States, the District of Columbia, any territory of the
United States, Puerto Rico, Guam, American Samoa, the Virgin
Islands, and the Northern Mariana Islands.
(b) Establishment of Fund.--There is established at the Department
of the Treasury a Housing Assistance Fund to provide such funds as are
allocated in subsection (f) to State housing finance agencies for the
purpose of preventing homeowner mortgage defaults, foreclosures, and
displacements of individuals and families experiencing financial
hardship after January 21, 2020.
(c) Allocation of Funds.--
(1) In general.--The Secretary of the Treasury shall
establish such criteria as are necessary to allocate the funds
available within the Housing Assistance Fund to each State. The
Secretary shall allocate such funds among all States taking
into consideration the number of unemployment claims within a
State relative to the nationwide number of unemployment claims.
(2) Small state minimum.--Each State shall receive no less
than $125,000,000 for the purposes established in subsection
(b).
(d) Disbursement of Funds.--
(1) Initial disbursement.--The Secretary shall disburse to
the State housing finance agencies not less than \1/2\ of the
amount made available pursuant to this section, and in
accordance with the allocations established under subsection
(c), not later than 120 days after the date of enactment of
this Act. The Secretary or designee shall enter into a contract
with each State housing finance agency, which may be amended
from time to time, establishing the terms of the use of such
funds prior to the disbursement of such funds.
(2) Second disbursement.--The Secretary shall disburse all
funds made available pursuant to this section, and in
accordance with the allocations established under subsection
(c), not later than 180 days after the date of enactment of
this Act.
(e) Permissible Uses of Fund.--
(1) In general.--Funds made available to State housing
finance agencies pursuant to this section may be used for the
purposes established under subsection (b), which may include--
(A) mortgage payment assistance;
(B) financial assistance to allow a borrower to
reinstate their mortgage following a period of
forbearance;
(C) principal reduction;
(D) utility payment assistance, including electric,
gas, and water payment assistance;
(E) any program established under the Housing
Finance Agency Innovation Fund for the Hardest Hit
Housing Markets;
(F) reimbursement of funds expended by a State or
local government during the period beginning on January
21, 2020, and ending on the date that the first funds
are disbursed by the State under the Housing Assistance
Fund, for the purpose of providing housing or utility
assistance to individuals or otherwise providing funds
to prevent foreclosure or eviction of a homeowner or
prevent mortgage delinquency or loss of housing or
critical utilities as a response to the coronavirus
disease 2019 (COVID-19) pandemic; and
(G) any other assistance to prevent eviction,
mortgage delinquency or default, foreclosure, or the
loss of essential utility services.
(2) Administrative expenses.--Not greater than 10 percent
of the amount allocated to a State pursuant to subsection (c)
may be used by a State housing financing agency for
administrative expenses. Any amounts allocated to
administrative expenses that are no longer necessary for
administrative expenses may be used in accordance with
paragraph (1).
(f) Appropriation.--There is authorized to be appropriated for the
fiscal year ending September 30, 2020, to remain available until
expended or transferred or credited under subsection (h),
$35,000,000,000 to the Housing Assistance Fund established under
subsection (b).
(g) Use of Housing Finance Agency Innovation Fund for the Hardest
Hit Housing Markets Funds.--A State housing finance agency may
reallocate any administrative or programmatic funds it has received as
an allocation from the Housing Finance Agency Innovation Fund for the
Hardest Hit Housing Markets created pursuant to section 101(a) of the
Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211(a)) that
have not been otherwise allocated or disbursed as of the date of
enactment of this Act to supplement any administrative or programmatic
funds received from the Housing Assistance Fund. Such reallocated funds
shall not be considered when allocating resources from the Housing
Assistance Fund using the process established under subsection (c) and
shall remain available for the uses permitted and under the terms and
conditions established by the contract with Secretary created pursuant
to subsection (d)(1) and the terms of subsection (h).
(h) Rescission of Funds.--Any funds that have not been allocated by
a State housing finance agency to provide assistance as described under
subsection (e) by December 31, 2030, shall be reallocated by the
Secretary in the following manner:
(1) 65 percent shall be transferred or credited to the
Housing Trust Fund established under section 1338 of the
Federal Housing Enterprises Financial Safety and Soundness Act
of 1992 (12 U.S.C. 4568); and
(2) 35 percent shall be transferred or credited to the
Capital Magnet Fund under section 1339 of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992 (12
U.S.C. 4569).
(i) Reporting Requirements.--The Secretary shall provide public
reports not less frequently than quarterly regarding the use of funds
provided by the Housing Assistance Funds. Such reports shall include
the following data by State and by program within each State, both for
the past quarter and throughout the life of the program--
(1) the amount of funds allocated;
(2) the amount of funds disbursed;
(3) the number of households and individuals assisted;
(4) the acceptance rate of applicants;
(5) the average amount of assistance provided per household
receiving assistance;
(6) the average length of assistance provided per household
receiving assistance;
(7) the income ranges of households for each household
receiving assistance; and
(8) the outcome 12 months after the household has received
assistance.
SEC. 108. MORTGAGE FORBEARANCE.
(a) Findings.--
(1) Findings.--Congress finds that--
(A) the collection of debts involves the use of the
mails and wires and other instrumentalities of
interstate commerce;
(B) at times of major disaster or emergency, the
income of consumers is often impaired and their
necessary daily expenses often increase;
(C) temporary forbearance benefits not only
consumer and small business debtors, but also other
creditors by avoiding downward collateral price spirals
triggered by an increase in foreclosure activity;
(D) without forbearance, many consumers and small
businesses are unlikely to be able to pay their
obligations according to their original terms and are
likely to default on obligations or file for
bankruptcy, resulting in reduced recoveries for
creditors, and in the case of bankruptcy, no recovery
of unaccrued interest;
(E) with forbearance, creditors are likely to
realize greater long-term value because consumers and
small businesses will be more likely to be able to
repay their obligations after the major disaster or
emergency has subsided;
(F) the legislative and administrative response to
major disasters and emergencies may consist of multiple
components divided among different statutes and
programs; and
(G) when evaluating whether property has been taken
from a person without just compensation, a holistic
evaluation of the burdens and benefits of all
legislative and administrative responses, including
indirect benefits from macroeconomic stabilization, is
appropriate.
(2) Further findings regarding mortgage forbearance.--
Congress further finds that--
(A) ensuring that consumers are able to remain in
their residences reduces the disruptions and economic
harm caused by such disasters and emergencies by
ensuring that consumers are able to continue their
existing employment, education, childcare, and
healthcare arrangements, which are often
geographically-based;
(B) temporary forbearance on residential mortgages
is therefore critical to fostering economic recovery
and stability in the wake of major disasters or
emergencies;
(C) temporary mortgage forbearance during a
declared disaster benefits not only mortgagors, but
also mortgagees because mortgagors' ability to pay is
likely to be restored after a disaster or emergency
subsides, so forbearance may increase mortgagors' total
recovery. Without forbearance, mortgagors are likely to
default or file for bankruptcy, resulting in
significant losses for mortgagees; and
(D) temporary mortgage forbearance during a
declared disaster also benefits the mortgagees of other
properties because housing prices are geographically
and serially correlated so an increase in foreclosures
can drive down the value of collateral for all mortgage
lenders, further destabilizing the economy.
(3) Further findings regarding mortgage servicers.--
Congress further finds that--
(A) mortgage servicers are often contractually
obligated to advance scheduled mortgage payments to
securitization investors, irrespective of whether the
servicer collects the payment from the mortgagor;
(B) mortgage servicers are often thinly capitalized
and with limited capacity for engaging in large scale
advancing of payments to securitization investors;
(C) securitization investors have long been aware
of servicers' thin capitalization;
(D) in the wake of the 2008 financial crisis,
several servicers had difficulty obtaining sufficiently
liquidity to make advances;
(E) mortgage servicing is a heavily regulated
industry;
(F) in response to the 2008 financial crisis,
Congress created a safe harbor for mortgage servicers
that undertook loan modifications;
(G) in response to the 2008 financial crisis, the
Home Affordable Modification Program paid mortgage
servicers to undertake loan modifications;
(H) as part of the 2012 joint State-Federal
National Mortgage Settlement, mortgage servicers
committed to undertaking loan modifications; and
(I) investors in mortgage securitizations are or
should be aware of servicers' thin capitalization,
liquidity constraints, the extent and history of
servicing regulation and therefore do not have a
reasonable expectation that the terms of servicing
contracts will be enforceable at times of national
financial crisis.
(4) Determination.--It is the sense of the Congress that,
on the basis of the findings described under paragraphs (1),
(2), and (3), the Congress determines that the provisions of
this Act are necessary and proper for the purpose of carrying
into execution the powers of the Congress to regulate commerce
among the several States and to establish uniform bankruptcy
laws.
(b) Prohibition on Foreclosures and Repossessions During the COVID-
19 Emergency.--
(1) Prohibition on foreclosures.--The Real Estate
Settlement Procedures Act of 1974 (12 U.S.C. 2601 et seq.) is
amended--
(A) in section 3 (12 U.S.C. 2602)--
(i) in paragraph (8), by striking ``and''
at the end;
(ii) in paragraph (9), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(10) the term `COVID-19 emergency' means the period that
begins upon the date of the enactment of this Act and ends on
the date of the termination by the Federal Emergency Management
Agency of the emergency declared on March 13, 2020, by the
President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 4121 et seq.) relating to
the Coronavirus Disease 2019 (COVID-19) pandemic.''; and
(B) in section 6(k)(1) (12 U.S.C. 2605(k)(1))--
(i) in subparagraph (D), by striking ``or''
at the end;
(ii) by redesignating subparagraph (E) as
subparagraph (G); and
(iii) by inserting after subparagraph (D)
the following:
``(E) commence or continue any judicial foreclosure
action or non-judicial foreclosure process or any
action to evict a consumer following a foreclosure
during the COVID-19 emergency or the 180-day period
following such emergency (except that such prohibition
shall not apply to a mortgage secured by a dwelling
that the servicer has determined after exercising
reasonable diligence is vacant or abandoned);
``(F) fail to toll the time in a foreclosure
process on a property during the COVID-19 emergency or
the 180-day period following such emergency (except
that such prohibition shall not apply to a mortgage
secured by a dwelling that the servicer has determined
after exercising reasonable diligence is vacant or
abandoned); or''.
(2) Repossession prohibition.--During the COVID-19
emergency and for the 180-day period following such emergency,
a servicer of a consumer loan secured by a manufactured home or
a motor vehicle may not repossess such home or vehicle.
(c) Forbearance of Residential Mortgage Loan Payments for Single
Family Properties (1-4 Units).--Section 6 of the Real Estate Settlement
Procedures Act of 1974 (12 U.S.C. 2605) is amended by adding at the end
the following:
``(n) Forbearance During the COVID-19 Emergency.--
``(1) Consumer right to request a forbearance.--
``(A) Request for forbearance.--A borrower
experiencing a financial hardship during the COVID-19
emergency may request forbearance from any mortgage
obligation, regardless of delinquency status, by
submitting a request to the borrower's servicer, either
orally or in writing, affirming that the borrower is
experiencing hardship during the COVID-19 emergency. A
borrow shall not be required to provide any additional
documentation to receive such forbearance.
``(B) Length of forbearance; extension.--A
forbearance requested pursuant to subparagraph (A)
shall be provided for a period of 180 days, and may be
extended upon request of the borrower for an additional
180 days.
``(C) Treatment of tenants.--A borrower receiving a
forbearance under this subsection with respect to a
mortgage secured by a dwelling that has tenants,
whether or not the borrower also lives in the dwelling,
shall provide the tenants with rent relief for a period
not less than the period covered by the forbearance.
``(2) Automatic forbearance for delinquent borrowers.--
``(A) In general.--Notwithstanding any other law
governing forbearance relief, during the COVID-19
emergency, any borrower who is or becomes 60 days or
more delinquent on a mortgage obligation shall
automatically be granted a 180-day forbearance, which
may be extended upon request of the borrower for an
additional 180 days. Such a borrower may elect to
continue making regular payments by notifying the
servicer of the mortgage obligation of such election.
``(B) Notice to borrower.--The servicer of a
mortgage obligation placed in forbearance pursuant to
subparagraph (A) shall provide the borrower written
notification of the forbearance and its duration as
well as information about available loss mitigation
options and the right to end the forbearance and resume
making regular payments.
``(C) Treatment of payments during forbearance.--
Any payments made by the borrower during the
forbearance period shall be credited to the borrower's
account in accordance with section 129F of the Truth in
Lending Act (15 U.S.C. 1639f) or as the borrower may
otherwise instruct that is consistent with the terms of
the mortgage loan contract.
``(3) Requirements for servicers.--
``(A) Notification.--
``(i) In general.--Each servicer of a
federally related mortgage loan shall notify
the borrower of their right to request
forbearance under paragraph (1)--
``(I) not later than 14 days after
the date of enactment of this
subsection; and
``(II) until the end of COVID-19
emergency--
``(aa) on each periodic
statement provided to the
borrower; and
``(bb) in any oral or
written communication by the
servicer with or to the
borrower.
``(ii) Manner of notification.--
``(I) Written notification.--Any
written notification required under
this section--
``(aa) shall be provided--
``(AA) in English
and Spanish and in any
additional languages in
which the servicer
communicates, including
the language in which
the loan was
negotiated, to the
extent known by the
servicer; and
``(BB) at least as
clearly and
conspicuously as the
most clear and
conspicuous disclosure
on the document;
``(bb) shall include the
notification of the
availability of language
assistance and housing
counseling produced by the
Federal Housing Finance Agency
under subsection (o); and
``(cc) may be provided by
first-class mail or
electronically, if the borrower
has otherwise consented to
electronic communication with
the servicer and has not
revoked such consent.
``(II) Oral notification.--Any oral
notification required under clause (i)
shall be provided in the language the
servicer otherwise uses to communicate
with the borrower.
``(III) Written translations.--In
providing written notifications in
languages other than English under
subclause (I), a servicer may rely on
written translations developed by the
Federal Housing Finance Agency or the
Bureau.
``(B) Other requirements.--
``(i) Forbearance required.--Upon receiving
a request for forbearance from a consumer under
paragraph (1) or placing a borrower in
automatic forbearance under paragraph (2), a
servicer shall provide the forbearance for not
less than 180 days, and an additional 180 days
at the request of the borrower, provided that
the borrower will have the option to
discontinue the forbearance at any time.
``(ii) Prohibition on fees, penalties, and
interest.--During the period of a forbearance
under this subsection, no fees, penalties or
additional 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 in
effect at the time the borrower enters into the
forbearance shall accrue.
``(iii) Treatment of escrow payments.--If a
borrower in forbearance under this subsection
is required to make payments to an escrow
account, the servicer shall pay or advance the
escrow disbursements in a timely manner
(defined as on or before the deadline to avoid
a penalty), regardless of the status of the
borrower's payments. The servicer may collect
any resulting escrow shortage or deficiency
from the borrower after the forbearance period
ends, in a lump sum payment, spread over 60
months, or capitalized into the loan, at the
borrower's election.''.
(d) Notification of Language Assistance and Housing Counseling.--
Section 6 of the Real Estate Settlement Procedures Act of 1974 (12
U.S.C. 2605), as amended by subsection (c), is further amended by
adding at the end the following:
``(o) Notification of Language Assistance and Housing Counseling.--
``(1) In general.--The Federal Housing Finance Agency
shall, within 30 days of the date of enactment of this Act,
make available a document providing notice of the availability
of language assistance and housing counseling in substantially
the same form, and in at least the same languages, as the
existing Language Translation Disclosure.
``(2) Minimum requirement.--The document described under
subsection (a) shall include the notice in at least all the
languages for which Federal Housing Finance Agency currently
has translations on its existing Language Translation
Disclosure available.
``(3) Provision to servicers.--The Federal Housing Finance
Agency shall make this document available to servicers to
fulfill their requirements under subsection (n).''.
(e) United States Department of Agriculture Direct Loan Program.--
Section 505 of the Housing Act of 1949 (42 U.S.C. 1475) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Loan Modification.--
``(1) In general.--The Secretary shall implement a loan
modification program to modify the terms of outstanding loans
for borrowers who face financial hardship.
``(2) Affordable payments.--The Secretary's loan
modification program under paragraph (1) shall be designed so
as to provide affordable payments for borrowers. In defining
`affordable payments' the Secretary shall consult definitions
of affordability promulgated by the Federal Housing Finance
Authority, the Department of Housing and Urban Development, and
the Bureau of Consumer Financial Protection.
``(3) Additional program requirements.--The Secretary's
loan modification program under paragraph (1) shall allow for
measures including extension of the remaining loan term to up
to 480 months and a reduction in interest rate to the market
interest rate as defined by regulations of the Secretary. The
modification program shall be available for borrowers in a
moratorium and for borrowers not already in a moratorium who
qualify under the terms established by the Secretary. The
Secretary may also establish reasonable additional measures for
providing affordable loan modifications to borrowers'';
(3) in subsection (c), as so redesignated, by adding at the
end the following: ``Acceleration of the promissory note and
initiation of foreclosure proceedings shall not terminate a
borrower's eligibility for a moratorium, loan reamortization,
special servicing, or other foreclosure alternative.''; and
(4) by adding at the end the following:
``(d) Requirement.--The Secretary shall comply with subsection
(k)(1), (n), and (o) of section 6 of the Real Estate Settlement
Procedures Act of 1974 with respect to any single-family loans it holds
or services.''.
(f) Forbearance of Residential Mortgage Loan Payments for
Multifamily Properties (5+ Units).--
(1) In general.--During the COVID-19 emergency, a
multifamily borrower 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.
(2) Request for relief.--A multifamily borrower may submit
a request for forbearance under paragraph (1) to the borrower's
servicer, either orally or in writing, affirming that the
multifamily borrower is experiencing hardship during the COVID-
19 emergency.
(3) Forbearance period.--
(A) In general.--Upon receipt of an oral or written
request for forbearance from a multifamily borrower, a
servicer shall--
(i) document the financial hardship;
(ii) provide the forbearance for not less
than 180 days; and
(iii) provide the forbearance for an
additional 180 days upon the request of the
borrower at least 30 days prior to the end of
the forbearance period described under
subparagraph (A).
(B) Right to discontinue.--A multifamily borrower
shall have the option to discontinue the forbearance at
any time.
(4) Renter protections.--During the term of a forbearance
under this section, a multifamily borrower may not--
(A) evict a tenant for nonpayment of rent; or
(B) apply or accrue any fees or other penalties on
renters for nonpayment of rent.
(5) Obligation to bring the loan current.--A multifamily
borrower shall bring a loan placed in forbearance under this
section current within the earlier of--
(A) 12 months after the conclusion of the
forbearance period; or
(B) receipt of any business interruption insurance
proceeds by the multifamily borrower.
(6) Definition.--For the purposes of this subsection, the
term ``multifamily borrower'' means a borrower of a residential
mortgage loan that is secured by a lien against a property
comprising five or more dwelling units.
(g) Federal Reserve Credit Facility for Mortgage Servicers.--
(1) In general.--The Board of Governors of the Federal
Reserve System and the Secretary of the Treasury, pursuant to
the authority granted under section 13(3) of the Federal
Reserve Act, directly (or indirectly through an intermediary,
such as the Federal National Mortgage Association, the Federal
Home Loan Mortgage Corporation, the Government National
Mortgage Association, an insured depository institution, non-
depository lending institution, or a special purpose vehicle)--
(A) shall extend credit to mortgage servicers and
other obligated advancing parties that in each case
have liquidity needs due to the COVID-19 emergency or
compliance with this Act with respect to mortgage loans
(the ``affected mortgages''); and
(B) may extend further credit to mortgage servicers
for other liquidity needs due to the actual or imminent
delinquency or default on mortgage loans due to the
COVID-19 emergency.
(2) Non-compliant servicers.--A mortgage servicer shall not
be eligible for assistance under paragraph (1) if the provider
is in violation of any requirement under this Act, and fails to
promptly cure any such violation upon notice or discovery
thereof.
(3) Payments and purchases.--Credit extended under
paragraph (1)(A) shall be in an amount sufficient to--
(A) cover--
(i) the pass-through payment of principal
and interest to mortgage-backed securities
holders;
(ii) the payment of taxes and insurance to
third parties; and
(iii) the temporary reimbursement of
modification costs and fees due to servicers
that will be deferred until such time as a
forbearance period terminates, due in each case
on, or in respect of, such affected mortgage
loans or related mortgage-backed securities;
(B) purchase affected mortgages from pools of
securitized mortgages
(4) Collateral.--The credit authorized by this section
shall be secured by the pledgor's interest in accounts
receivable, loans, or related interests resulting from the
payment advances made on the affected mortgages by the mortgage
servicers.
(5) Credit support.--The Secretary of the Treasury shall
provide credit support to the Board of Governors of the Federal
Reserve System for the program required by this section.
(6) Conflict with other laws.--Notwithstanding any Federal
or State law to the contrary, the Federal National Mortgage
Association, the Federal Home Loan Mortgage Corporation, and
the Government National Mortgage Association may permit the
pledge or grant of a security interest in the pledgor's
interest in such accounts receivable or loans or related
interests and honor or permit the enforcement of such pledge or
grant in accordance with its terms.
(7) Duration.--The extension of credit by the Board of
Governors of the Federal Reserve System and credit support from
the Secretary of the Treasury under this section shall be
available until the later of--
(A) 6 months after the end of the COVID-19
emergency; and
(B) the date on which on the Board of Governors of
the Federal Reserve System and the Secretary of the
Treasury determine such credit and credit support
should no longer be available to address the liquidity
concern addressed by this section.
(8) Amendments to national housing act.--Section 306(g)(1)
of the National Housing Act (12 U.S.C. 1721(g)(1)) is amended--
(A) by inserting the following new sentence after
the fourth sentence in the paragraph: ``In any case in
which (I) the President declares a major disaster or
emergency for the nation or any area that in either
case has been affected by damage or other adverse
effects of sufficient severity and magnitude to warrant
major disaster assistance under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act or other
Federal law, (II) upon request of an Issuer of any
security, the Association elects to extend to the
Issuer one or more of the disaster assistance or
emergency programs that the Association determines to
be available to account for the Issuer's failure or
anticipated failure to receive from the mortgagor the
full amount of principal and interest due, then (III)
the Association may elect not to declare the Issuer to
be in default because of such request for such disaster
or emergency assistance.'';
(B) by inserting after the word ``issued'' in the
sixth sentence, as redesignated, the following:
``subject to any pledge or grant of security interest
of the pledgor's interest in and to any such mortgage
or mortgages or any interest therein and the proceeds
thereon, which the Association may elect to approve;'';
and
(C) by inserting after the word ``issued'' in the
seventh sentence, as redesignated, the following: ``,
or (D) its approval and honoring of any pledge or grant
of security interest of the pledgor's interest in and
to any such mortgage or mortgages or any interest
therein and proceeds thereon.''.
(h) Safe Harbor.--
(1) In general.--Notwithstanding any other provision of
law, whenever a servicer of residential mortgages of
residential mortgage-backed securities--
(A) grants a borrower relief under section 6(n) and
6(p) of the Real Estate Settlement Procedures Act of
1974 with respect to a residential mortgage originated
before April 1, 2020, including a mortgage held in a
securitization or other investment vehicle, and
(B) the servicer or trustee or issuer owes a duty
to investors or other parties regarding the standard
for servicing such mortgage,
the servicer shall be deemed to have satisfied the such a duty,
and the servicer shall not be liable to any party who is owed
such a duty and shall not be subject to any injunction, stay,
or other equitable relief to such party, based upon its good
faith compliance with the provisions of 6(n) and 6(p) of the
Real Estate Settlement Procedures Act of 1974. Any person,
including a trustee or issuer, who cooperates with a servicer
when such cooperation is necessary for the servicer to
implement the provisions of 6(n) and 6(p) of the Real Estate
Settlement Procedures Act of 1974 shall be protected from
liability in the same manner.
(2) Standard industry practice.--Compliance with 6(n) and
6(p) of the Real Estate Settlement Procedures Act of 1974
during the COVID-19 emergency shall constitute standard
industry practice for purposes of all Federal and State laws.
(3) Definitions.--As used in this subsection--
(A) the term ``servicer'' has the meaning given
that term under section 6(i)(2) of the Real Estate
Settlement Procedures Act of 1974 (12 U.S.C.
2605(i)(2)); and
(B) the term ``securitization vehicle'' has the
meaning given that term under section 129A(f)(3) of the
Truth in Lending Act (15 U.S.C. 1639a(f)(3)).
(4) Rule of construction.--No provision of paragraph (1) or
(2) shall be construed as affecting the liability of any
servicer or person for actual fraud in servicing of a loan or
for the violation of a State or Federal law.
(i) Post-Pandemic Mortgage Repayment Options.--Section 6 of the
Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605), as
amended by subsection (d), is further amended by adding at the end the
following:
``(p) Post-Pandemic Mortgage Repayment Options.--With respect to a
federally related residential mortgage loan, before the end of any
forbearance provided under subsection (n), servicers shall--
``(1) evaluate the borrower's ability to return to making
regular mortgage payments;
``(2) if the borrower is able to return to making regular
mortgage payments at the end of the forbearance period--
``(A) modify the borrower's loan to extend the term
for the same period as the length of the forbearance,
with all payments that were not made during the
forbearance distributed at the same intervals as the
borrower's existing payment schedule and evenly
distributed across those intervals, with no penalties,
late fees, additional interest accrued 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 in effect at the time
the borrower entered into the forbearance, and with no
modification fee charged to the borrower; or
``(B) if the borrower elects to modify the loan to
capitalize a resulting escrow shortage or deficiency,
the servicer may modify the borrower's loan by re-
amortizing the principal balance and extending the term
of the loan sufficient to maintain the regular mortgage
payments; and
``(C) notify the borrower in writing of the
extension, including provision of a new payment
schedule and date of maturity, and that the borrower
shall have the election of prepaying the suspended
payments at any time, in a lump sum or otherwise;
``(3) if the borrower is financially unable to return to
making periodic mortgage payments as provided for in the
mortgage contract at the end of the COVID-19 emergency--
``(A) evaluate the borrower for all loan
modification options, without regard to whether the
borrower has previously requested, been offered, or
provided a loan modification or other loss mitigation
option and without any requirement that the borrower
come current before such evaluation or as a condition
of eligibility for such modification, including--
``(i) further extending the borrower's
repayment period;
``(ii) reducing the principal balance of
the loan; or
``(iii) other modification or loss
mitigation options available to the servicer
under the terms of any investor requirements
and existing laws and policies; and
``(B) if the borrower qualifies for such a
modification, the service shall offer a loan with such
terms as to provide a loan with such terms as to
provide an affordable payment, with no penalties, late
fees, additional 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 in effect at the time the borrower
entered into the forbearance, and with no modification
fees charged to the borrower; and
``(4) if a borrower is granted a forbearance on payments
that would be owed pursuant to a trial loan modification plan--
``(A) any forbearance of payments shall not be
treated as missed or delinquent payments or otherwise
negatively affect the borrower's ability to complete
their trial plan;
``(B) any past due amounts as of the end of the
trial period, including unpaid interest, real estate
taxes, insurance premiums, and assessments paid on the
borrower's behalf, will be added to the mortgage loan
balance, but only to the extent that such charges are
not fees associated with the granting of the
forbearance, such as late fees, modification fees, or
unpaid interest from the period of the forbearance
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 in effect
at the time the borrower entered into the forbearance;
and
``(C) if the borrower is unable to resume payments
on the trial modification at the end of the forbearance
period, re-evaluate the borrower for all available loan
modifications under paragraph 3, without any
requirement that the borrower become current before
such evaluation or as a condition of eligibility for
such modification.''.
(j) Claims of Affected Investors and Other Parties.--Any action
asserting a taking under the Fifth Amendment to the Constitution of the
United States as a result of this subsection shall be brought not later
than 180 days after the end of the COVID-19 emergency.
(k) Extension of the GSE Patch.--The Director of the Bureau of
Consumer Financial Protection shall revise section
1026.43(e)(4)(iii)(B) of title 12, Code of Federal Regulations, to
extend the sunset of the special rule provided under such section
1026.43(e)(4) until January 1, 2022, or such later date as may be
determined by the Bureau.
(l) Definitions.--In this section:
(1) COVID-19 emergency.--The term ``COVID-19 emergency''
means the period that begins upon the date of the enactment of
this Act and ends on the date of the termination by the Federal
Emergency Management Agency of the emergency declared on March
13, 2020, by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 4121 et
seq.) relating to the Coronavirus Disease 2019 (COVID-19)
pandemic.
(2) Manufactured home.--The term ``manufactured home''has
the meaning given that term under section 603 of the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5402).
(3) Motor vehicle.--The term ``motor vehicle'' has the
meaning given that term under Section 1029(f) of the Consumer
Financial Protection Act of 2010 (12 U.S.C. 5519(f)).
(4) Residential mortgage loan.--The term ``residential
mortgage loan'' means any consumer credit transaction that is
secured by a mortgage, deed of trust, or other equivalent
consensual security interest on residence consisting of a
single dwelling unit that is occupied by the mortgagor.
SEC. 109. BANKRUPTCY PROTECTIONS.
(a) Increasing the Homestead Exemption.--
(1) Homestead exemption.--Section 522 of title 11, United
States Code, is amended--
(A) in subsection (d)(1), by striking ``$15,000''
and inserting ``$100,000''; and
(B) by adding at the end the following:
``(r) Notwithstanding any other provision of applicable
nonbankruptcy law, a debtor in any State may exempt from property of
the estate the property described in subsection (d)(1) not to exceed
the value in subsection (d)(1) if the exemption for such property
permitted by applicable nonbankruptcy law is lower than that amount.''.
(b) Effect of Missed Mortgage Payments on Discharge.--Section 1328
of title 11, United States Code, is amended by adding at the end the
following:
``(i) A debtor shall not be denied a
discharge under this section because, as of the
date of discharge, the debtor did not make 6 or
fewer payments directly to the holder of a debt
secured by real property.
``(j) Notwithstanding subsections (a) and (b), upon the debtor's
request, the court shall grant a discharge of all debts provided for in
the plan that are dischargeable under subsection (a) if the debtor--
``(1) has made payments under a confirmed plan for at least
1 year; and
``(2) is experiencing a loss of income or increase in
expenses due, directly or indirectly, to the coronavirus
disease 2019 (COVID-19) pandemic.''.
(c) Modification of Chapter 13 Plan Due to Hardship Caused by
COVID-19 Pandemic.--Section 1329 of title 11, United States Code, is
amended by adding at end the following:
``(d)(1) Subject to paragraph (3), for a plan confirmed prior to
the date of enactment of this subsection, the plan may be modified upon
the request of the debtor if--
``(A) the debtor is experiencing or has experienced a
material financial hardship due, directly or indirectly, to the
coronavirus disease 2019 (COVID-19) pandemic; and
``(B) the modification is approved after notice and a
hearing.
``(2) A modification under paragraph (1) may include extending the
period of time for payments on claims not later than 7 years after the
date on which 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.--
(1) The amendments made by subsections (a) and (b) shall
apply to any case commenced before, on, or after the date of
enactment of this Act.
(2) The amendment made by subsection (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.
SEC. 110. DEBT COLLECTION.
(a) Temporary Debt Collection Moratorium During the COVID-19
Emergency Period.--
(1) In general.--The Fair Debt Collection Practices Act (15
U.S.C. 1692 et seq.) is amended by inserting after section 812
the following:
``Sec. 812A. Temporary debt collection moratorium during the COVID-19
emergency period
``(a) Definitions.--In this section:
``(1) Consumer.--The term `consumer' means any natural
person obligated or allegedly obligated to pay any debt.
``(2) COVID-19 emergency period.--The term `COVID-19
emergency period' means the period that begins upon the date of
the enactment of this Act and ends upon the date of the
termination by the Federal Emergency Management Administration
of the emergency declared on March 13, 2020, by the President
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 4121 et seq.) relating to the
Coronavirus Disease 2019 (COVID-19) pandemic.
``(3) Creditor.--The term `creditor' means any person who
offers or extends credit creating a debt or to whom a debt is
owed or other obligation of payment.
``(4) Debt.--The term `debt'--
``(A) means any past due obligation or alleged
obligation of a consumer, non-profit organization, or
small business to pay money--
``(i) arising out of a transaction in which
the money, property, insurance, or services
which are the subject of the transaction are
primarily for personal, family, business, non-
profit, or household purposes, whether or not
such obligation has been reduced to judgment;
``(ii) owed to a local, State, or Federal
government;
``(B) does not include federally related mortgages
(as defined under section 3 of the Real Estate
Settlement Procedures Act of 1974) unless a deficiency
judgment has been made with respect to such federally
related mortgage.
``(5) Debt collector.--The term `debt collector' includes a
creditor and any person or entity that engages in the
collection of debt (including the Federal Government or a State
government) whether or not the debt is allegedly owed to or
assigned to that person or entity.
``(6) Depository institution.--The term `depository
institution'--
``(A) has the meaning given that term under section
3 of the Federal Deposit Insurance Act; and
``(B) means a Federal or State credit union (as
such terms are defined, respectively, under section 101
of the Federal Credit Union Act.)
``(7) Non-profit organization.--The term `non-profit
organization' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
taxation under subsection (a) of such section.
``(8) Small business.--The term `small business' has the
meaning given the term `small business concern' under section 3
of the Small Business Act (15 U.S.C. 632).
``(b) Prohibitions.--Notwithstanding any other provision of law,
during COVID-19 emergency period and the 120-day period immediately
following, a debt collector is prohibited from--
``(1) capitalizing or adding extra interest or fees
triggered by the non-payment of an obligation by a consumer,
small business, or non-profit organization to the balance of an
account;
``(2) suing or threatening to sue a consumer, small
business, or non-profit for a past-due debt;
``(3) continuing litigation initiated before the date of
enactment of this section to collect a debt from a consumer,
small business, or non-profit organization;
``(4) enforcing a security interest, including through
repossession or foreclosure, against a consumer, small
business, or non-profit organization;
``(5) reporting a past due debt of a consumer, small
business, or non-profit organization to a consumer reporting
agency;
``(6) taking or threatening to take any action to enforce
collection, or any adverse action against a consumer, small
business, or non-profit organization for non-payment or for
non-appearance at any hearings related to a debt;
``(7) except with respect to enforcing an order for child
support or spousal support, initiating or continuing any action
to cause or to seek to cause the collection of a debt from
wages, Federal benefits, or other amounts due to a consumer,
small business, or non-profit organization, by way of
garnishment, deduction, offset, or other seizure, or to cause
or seek to cause the collection of a debt by seizing funds from
a bank account or any other assets held by such consumer, small
business, or non-profit organization;
``(8) in the case of action or collection described under
paragraph (7) that was initiated prior to the beginning of the
date of such disaster or emergency, failing to suspend the
action or collection until 120 days after the end of the COVID-
19 emergency period;
``(9) upon the termination of the incident period for such
disaster or emergency, failing to extend the time period to pay
an obligation by one payment period for each payment that a
consumer, small business, or non-profit organization missed
during the incident period, with the payments due in the same
amounts and at the same intervals as the pre-existing payment
schedule of the consumer, small business, or non-profit
organization (as applicable) or, if the debt has no payment
periods, allow the consumer, small business, or non-profit a
reasonable time in which to repay the debt in affordable
payments;
``(10) disconnecting a consumer, small business, or non-
profit organization from a utility prepaid or post-paid
electricity, natural gas, telecommunications, broadband, water,
or sewer service; or
``(11) exercising a right to set off provision contained in
any consumer, small business, or non-profit organization
account agreement with a depository institution.
``(c) Violation.--Any person who violates a provision of this
section shall--
``(1) be treated as a debt collector for purposes of
section 813; and
``(2) be liable to the consumer, small business, or non-
profit organization an amount equal to 10 times the damages
allowed under section 813 for each such violation.''.
(2) Table of contents amendment.--The table of contents at
the beginning of the Fair Debt Collection Practices Act (15
U.S.C. 1692 et seq.) is amended by inserting after the item
relating to section 812 the following new item:
``812A. Temporary debt collection moratorium during the COVID-19
emergency period.''.
(b) Confessions of Judgment Prohibition.--
(1) In general.--Chapter 2 of the Truth in Lending Act (15
U.S.C. 1631 et seq.) is amended--
(A) by adding at the end the following:
``Sec. 140B. Confessions of judgment prohibition
``(a) In General.--During a period described under section 812A(b)
of the Fair Debt Collection Practices Act, no person may directly or
indirectly take or receive from another person or seek to enforce an
obligation that constitutes or contains a cognovit or confession of
judgment (for purposes other than executory process in the State of
Louisiana), warrant of attorney, or other waiver of the right to notice
and the opportunity to be heard in the event of suit or process
thereon.
``(b) Exemption.--The exemption in section 104(1) shall not apply
to this section.
``(c) Debt Defined.--In this section, the term `debt' means any
obligation of a person to pay to another person money--
``(1) regardless of whether the obligation is absolute or
contingent, if the understanding between the parties is that
any part of the money shall be or may be returned;
``(2) that includes the right of the person providing the
money to an equitable remedy for breach of performance if the
breach gives rise to a right to payment; and
``(3) regardless of whether the obligation or right to an
equitable remedy described in paragraph (2) has been reduced to
judgment or is fixed, contingent, matured, unmatured, disputed,
undisputed, secured, or unsecured.''; and
(B) in the table of contents for such chapter, by
adding at the end the following:
``140B. Confessions of judgment prohibition.''.
(2) Conforming amendment.--Section 130(a) of the Truth in
Lending Act (15 U.S.C. 1640(a)) is amended by adding at the end
the following: ``For purposes of this section, the term
`creditor' refers to any person charged with compliance.''.
SEC. 111. DISASTER PROTECTION FOR WORKERS' CREDIT.
(a) Purpose.--The purpose of this section, and the amendments made
by this section, is to protect consumers' credit from negative impacts
as a result of financial hardship due to the coronavirus disease
(COVID-19) outbreak and future major disasters.
(b) Reporting of Information During Major Disasters.--
(1) In general.--The Fair Credit Reporting Act is amended
by inserting after section 605B the following:
``Sec. 605C. Reporting of information during major disasters
``(a) Definitions.--In this section:
``(1) COVID-19 emergency period.--The term `COVID-19
emergency period' means the period beginning on the date of
enactment of this section and ending on the later of--
``(A) 120 days after the date of enactment of this
section; or
``(B) 120 days after the date of termination by the
Federal Emergency Management Administration of the
emergency declared on March 13, 2020, by the President
under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 4121 et seq.)
relating to the Coronavirus Disease 2019 (COVID-19)
pandemic.
``(2) Covered major disaster period.--The term `covered
major disaster period' means--
``(A) the period beginning on the date on which a
major disaster is declared by the President under
section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170), under
which assistance is authorized under section 408 of
such Act (42 U.S.C. 5174), and ending on the date that
is 120 days after the end of the incident period
designated in such declaration; or
``(B) the period ending 120 days after the date of
termination by the Federal Emergency Management
Administration of the emergency declared on March 13,
2020, by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
4121 et seq.) relating to the Coronavirus Disease 2019
(COVID-19) pandemic.
``(3) Major disaster.--The term `major disaster' means a
major disaster declared by the President under section 401 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170), under which assistance is authorized
under section 408 of such Act (42 U.S.C. 5174)
``(b) Moratorium on Furnishing Adverse Information During COVID-19
Emergency Period.--No person may furnish any adverse item of
information (except information related to a felony criminal
conviction) relating to a consumer that was the result of any action or
inaction that occurred during the COVID-19 emergency period.
``(c) Moratorium on Furnishing Adverse Information During Covered
Major Disaster Period.--No person may furnish any adverse item of
information (except information related to a felony criminal
conviction) relating to a consumer that was the result of any action or
inaction that occurred during a covered major disaster period if the
consumer is a resident of the affected area covered by a declaration
made by the President under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), under
which assistance is authorized under section 408 of such Act (42 U.S.C.
5174).
``(d) Information Excluded From Consumer Reports.--In addition to
the information described in section 605(a), no consumer reporting
agency may make any consumer report containing an adverse item of
information (except information related to a felony criminal
conviction) reported relating to a consumer that was the result of any
action or inaction that occurred during the COVID-19 emergency period
or a covered major disaster period, and as applicable under subsection
(f)(3), for 270 days after the expiration of the applicable period.
``(e) Summary of Rights.--Not later than 60 days after the date of
enactment of this subsection, the Bureau shall update the model summary
of rights under section 609(c)(1) to include a description of the right
of a consumer to--
``(1) request the deletion of adverse items of information
under subsection (f); and
``(2) request a consumer report or score, without charge to
the consumer, under subsection (g).
``(f) Deletion of Adverse Items of Information Resulting From the
Coronavirus Disease (COVID-19) Outbreak and Major Disasters.--
``(1) Reporting.--
``(A) In general.--Not later than 60 days after the
date of enactment of this subsection, the Bureau shall
create a website for consumers to report, under penalty
of perjury, economic hardship as a result of the
coronavirus disease (COVID-19) outbreak or a major
disaster (if the consumer is a resident of the affected
area covered by such major disaster) for the purpose of
extending credit report protection for an additional
270 days after the end of the COVID-19 emergency period
or covered major disaster period, as applicable.
``(B) Documentation.--The Bureau shall--
``(i) not require any documentation from a
consumer to substantiate the economic hardship;
and
``(ii) provide notice to the consumer that
a report under subparagraph (A) is under
penalty of perjury.
``(C) Reporting period.--A consumer may report
economic hardship under subparagraph (A) during the
COVID-19 emergency period or a covered major disaster
period, as applicable, and for 60 days thereafter.
``(2) Database.--The Bureau shall establish and maintain a
secure database that--
``(A) is accessible to each consumer reporting
agency described in section 603(p) and nationwide
specialty consumer reporting agency for purposes of
fulfilling their duties under paragraph (3) to check
and automatically delete any adverse item of
information (except information related to a felony
criminal conviction) reported that occurred during the
COVID-19 emergency period or a covered major disaster
period with respect to a consumer; and
``(B) contains the information reported under
paragraph (1).
``(3) Deletion of adverse items of information by
nationwide consumer reporting and nationwide specialty consumer
reporting agencies.--
``(A) In general.--Each consumer reporting agency
described in section 603(p) and each nationwide
specialty consumer reporting agency shall, using the
information contained in the database established under
paragraph (2), delete from the file of each consumer
named in the database each adverse item of information
(except information related to a felony criminal
conviction) that was a result of an action or inaction
that occurred during the COVID-19 emergency period or a
covered major disaster period up to 270 days following
the end of the such period.
``(B) Timeline.--Each consumer reporting agency
described in section 603(p) and each nationwide
specialty consumer reporting agency shall check the
database at least weekly and delete adverse items of
information as soon as practicable after information
that is reported under paragraph (1) appears in the
database established under paragraph (2).
``(4) Request for deletion of adverse items of
information.--
``(A) In general.--A consumer who has filed a
report of economic hardship with the Bureau may submit
a request, without charge to the consumer, to a
consumer reporting agency to delete from the consumer's
file an adverse item of information (except information
related to a felony criminal conviction) that was a
result of an action or inaction that occurred during
the COVID-19 emergency period or a covered major
disaster period up to 270 days following the end of the
such period.
``(B) Timing.--A consumer may submit a request
under subparagraph (A), not later than 270-day period
described in that subparagraph.
``(C) Removal and notification.--Upon receiving a
request under this paragraph to delete an adverse item
of information, a consumer reporting agency shall--
``(i) delete the adverse item of
information (except information related to a
felony criminal conviction) from the consumer's
file; and
``(ii) notify the consumer and the
furnisher of the adverse item of information of
the deletion.
``(g) Free Credit Report and Scores.--
``(1) In general.--During the COVID-19 emergency period or
a covered major disaster period and ending 12 months after the
expiration of the COVID-19 emergency period or covered major
disaster period, as applicable, each consumer reporting agency
as described under 603(p) and nationwide specialty consumer
reporting agency shall make all disclosures described under
section 609 upon request by a consumer, by mail or online,
without charge to the consumer and without limitation as to the
number of requests. A consumer reporting agency shall also
supply a consumer, upon request and without charge, with a
credit score that--
``(A) is derived from a credit scoring model that
is widely distributed to users by the consumer
reporting agency for the purpose of any extension of
credit or other transaction designated by the consumer
who is requesting the credit score; or
``(B) is widely distributed to lenders of common
consumer loan products and predicts the future credit
behavior of the consumer.
``(2) Timing.--A file disclosure or credit score under
paragraph (1) shall be provided to the consumer not later
than--
``(A) 7 days after the date on which the request is
received if the request is made by mail; and
``(B) not later than 15 minutes if the request is
made online.
``(3) Additional reports.--A file disclosure provided under
paragraph (1) shall be in addition to any disclosure requested
by the consumer under section 612(a).
``(4) Prohibition.--A consumer reporting agency that
receives a request under paragraph (1) may not request or
require any documentation from the consumer that demonstrates
that the consumer was impacted by the coronavirus disease
(COVID-19) outbreak or a major disaster (except to verify that
the consumer resides in an area covered by the major disaster)
as a condition of receiving the file disclosure or score.
``(h) Posting of Rights.--Not later than 30 days after the date of
enactment of this section, each consumer reporting agency shall
prominently post and maintain a direct link on the homepage of the
public website of the consumer reporting agency information relating to
the right of consumers to--
``(1) request the deletion of adverse items of information
(except information related to a felony criminal conviction)
under subsection (f); and
``(2) request consumer file disclosures and scores, without
charge to the consumer, under subsection (g).
``(i) Ban on Reporting Medical Debt Information Related to COVID-19
or a Major Disaster.--
``(1) Furnishing ban.--No person shall furnish adverse
information to a consumer reporting agency related to medical
debt if such medical debt is with respect to medical expenses
related to treatments arising from COVID-19 or a major disaster
(whether or not the expenses were incurred during the COVID-19
emergency period or covered major disaster period).
``(2) Consumer report ban.--No consumer reporting agency
may made a consumer report containing adverse information
related to medical debt if such medical debt is with respect to
medical expenses related to treatments arising from COVID-19 or
a major disaster (whether or not the expenses were incurred
during the COVID-19 emergency period or covered major disaster
period).
``(j) Credit Scoring Models.--A person that creates and implements
credit scoring models may not treat the absence, omission, or deletion
of any information pursuant to this section as a negative factor or
negative value in credit scoring models created or implemented by such
person.''.
(2) Technical and conforming amendment.--The table of
contents for the Fair Credit Reporting Act is amended by
inserting after the item relating to section 605B the
following:
``605C. Reporting of information during major disasters.''.
(c) Limitations on New Credit Scoring Models During the COVID-19
Emergency and Major Disasters.--The Fair Credit Reporting Act (15
U.S.C. 1681 et seq.) is amended--
(1) by adding at the end the following:
``Sec. 630. Limitations on new credit scoring models during the COVID-
19 emergency and major disasters
``With respect to a person that creates and implements credit
scoring models, such person may not, during the COVID-19 emergency
period or a covered major disaster period (as such terms are defined
under section 605C), create or implement a new credit scoring model
(including a revision to an existing scoring model) if the new credit
scoring model would identify a significant percentage of consumers as
being less creditworthy when compared to the previous credit scoring
models created or implemented by such person.''; and
(2) in the table of contents for such Act, by adding at the
end the following new item:
``630. Limitations on new credit scoring models during major
disasters.''.
SEC. 112. STUDENT LOANS.
(a) Payments for Private Education Loan Borrowers as a Result of
the COVID-19 National Emergency.--Section 140 of the Truth in Lending
Act (15 U.S.C. 1650) is amended by adding at the end the following new
subsection:
``(h) COVID-19 National Emergency Private Education Loan Repayment
Assistance.--
``(1) Authority.--Effective on the date of the enactment of
this section, for the duration of the COVID-19 emergency period
and the 6-month period immediately following, the Secretary of
the Treasury shall, for each borrower of a private education
loan, pay the total amount due for such month on the loan,
based on the payment plan selected by the borrower or the
borrower's loan status.
``(2) No capitalization of interest.--With respect to any
loan in repayment during the COVID-19 national emergency period
and the 6-month period immediately following, interest due on a
private education loan during such period shall not be
capitalized at any time during the COVID-19 national emergency
period and the 6-month period immediately following.
``(3) Reporting to consumer reporting agencies.--During the
period in which the Secretary of the Treasury is making
payments on a loan under paragraph (1), the Secretary shall
ensure that, for the purpose of reporting information about the
loan to a consumer reporting agency, any payment made by the
Secretary is treated as if it were a regularly scheduled
payment made by a borrower.
``(4) Notice of payments and program.--Not later than 15
days following the date of enactment of this subsection, and
monthly thereafter during the COVID-19 national emergency
period and the 6-month period immediately following, the
Secretary of the Treasury shall provide a notice to all
borrowers of private education loans--
``(A) informing borrowers of the actions taken
under this subsection;
``(B) providing borrowers with an easily accessible
method to opt out of the benefits provided under this
subsection; and
``(C) notifying the borrower that the program under
this subsection is a temporary program and will end 6
months after the COVID-19 national emergency period
ends.
``(5) Suspension of involuntary collection.--During the
COVID-19 national emergency period and the 6-month period
immediately following, the holder of a private education loan
shall immediately take action to halt all involuntary
collection related to the loan.
``(6) Mandatory forbearance.--During the period in which
the Secretary of the Treasury is making payments on a loan
under paragraph (1), the servicer of such loan shall grant the
borrower forbearance as follows:
``(A) A temporary cessation of all payments on the
loan other than the payments of interest and principal
on the loan that are made under paragraph (1).
``(B) For borrowers who are delinquent but who are
not yet in default before the date on which the
Secretary begins making payments under paragraph (1),
the retroactive application of forbearance to address
any delinquency.
``(7) Data to implement.--Holders and servicers of private
education loans shall report, to the satisfaction of the
Secretary of the Treasury, the information necessary to
calculate the amount to be paid under this section.
``(8) COVID-19 emergency period defined.--In this
subsection, the term `COVID-19 emergency period' means the
period that begins upon the date of the enactment of this Act
and ends upon the date of the termination by the Federal
Emergency Management Administration of the emergency declared
on March 13, 2020, by the President under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 4121 et seq.) relating to the Coronavirus Disease 2019
(COVID-19) pandemic.''.
(b) Additional Protections for Private Student Loan Borrowers.--
(1) Each private education loan holder who receives any
monthly payment pursuant to this section must modify all
private education loan contracts that it holds to provide for
the same repayment plan and forgiveness terms available to
Direct Loans borrowers under 34 C.F.R. Sec. 685.209(c), in
effect as of January 1, 2020.
(2) For a borrower who has defaulted on the private
education loan under the terms of the promissory note prior to
any loan payment made or forbearance granted under this
section, no payment made or forbearance granted under this
section shall be considered an event that impacts the
calculation of the applicable state statutes of limitation.
(3) A private education loan debt collector, as that term
is defined in the Federal Debt Collection Practices Act, may
not pressure a borrower to elect to apply the amount to any
private education loan. ``Pressure'' is defined as any
communication, recommendation or other similar communication,
other than providing basic information about a borrower's
options, urging a borrower to make this election. Violation of
this provision shall be an unfair practice in violation of 15
U.S.C. Sec. 1692f.
(4) A private education loan debt collector or creditor may
not pressure a borrower to elect to apply the amount to any
private education loan. ``Pressure'' is defined as any
communication, recommendation or other similar communication,
other than providing basic information about a borrower's
options, urging a borrower to make this election. Violation of
this provision shall be an abusive act or practice as defined
by 12 U.S.C. Sec. 5531.
(5) For a borrower who has defaulted on the private
education loan, under the terms of the promissory note, prior
to any loan payment made under this section, no loan relief
provided under this section shall be considered an event that
impacts the calculation of the applicable state statutes of
limitation.
(c) Minimum Relief for Private Student Loan Borrowers as a Result
of the COVID-19 National Emergency.--
(1) Minimum student loan relief as a result of the covid-19
national emergency.--Not later than 270 days after the last day
of the COVID-19 emergency period, the Secretary of the Treasury
shall carry out a program under which a qualified borrower,
with respect to the private education of loans of such
qualified borrower, shall receive in accordance with paragraph
(3) an amount equal to the lesser of the following:
(A) The total amount of each private education loan
of the borrower; or
(B) $10,000.
(2) Notification of borrowers.--Not later than 270 days
after the last day of the COVID-19 emergency period, the
Secretary of the Treasury shall notify each qualified borrower
of--
(A) the requirements to provide loan relief to such
borrower under this section; and
(B) the opportunity for such borrower to make an
election under paragraph (3)(A) with respect to the
application of such loan relief to the covered loans
and private education loans of such borrower.
(3) Distribution of funding.--
(A) Election by borrower.--Not later than 45 days
after a notice is sent under paragraph (2), a qualified
borrower may elect to apply the amount determined with
respect to such borrower under paragraph (1) to any
private education loan of the borrower.
(B) Automatic payment.--
(i) In general.--In the case of a qualified
borrower who does not make an election under
subparagraph (A) before the date described in
such paragraph, the Secretary of the Treasury
shall apply the amount determined with respect
to such borrower under paragraph (1) in order
of the private education loan of the qualified
borrower with the highest interest rate.
(ii) Equal interest rates.--In case of two
or more private education loans described in
clause (i) with equal interest rates, the
Secretary of the Treasury shall apply the
amount determined with respect to such borrower
under paragraph (1) first to the loan with the
highest principal.
(4) Definitions.--In this subsection:
(A) Covered loan.--The term ``covered loan''
means--
(i) a loan made, insured, or guaranteed
under part B of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1071 et seq.);
(ii) a loan made under part D of title IV
of the Higher Education Act of 1965 (20 U.S.C.
1087a et seq.); and
(iii) a Federal Perkins Loan made pursuant
to part E of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1087aa et seq.).
(B) COVID-19 emergency period.--The term ``COVID-19
emergency period'' means the period that begins upon
the date of the enactment of this Act and ends upon the
date of the termination by the Federal Emergency
Management Administration of the emergency declared on
March 13, 2020, by the President under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 4121 et seq.) relating to the Coronavirus
Disease 2019 (COVID-19) pandemic.
(C) Private education loan.--The term ``private
education loan'' has the meaning given the term in
section 140 of the Truth in Lending Act (15 U.S.C.
1650).
(D) Qualified borrower.--The term ``qualified
borrower'' means a borrower of a covered loan or a
private education loan.
(E) Secretaries concerned.--The term ``Secretaries
concerned'' means--
(i) the Secretary of Education, with
respect to covered loans and borrowers of such
covered loans; and
(ii) the Secretary of the Treasury, with
respect to private education loans and
borrowers of such private education loans.
SEC. 113. WAIVER OF IN-PERSON APPRAISAL REQUIREMENTS.
(a) Finding.--The Congress finds that as the country continues to
grapple with the impact of the spread of COVID-19, several adjustments
are needed to ensure that mortgage processing can continue to function
without significant delays, despite requirements that would otherwise
require in-person interactions.
(b) Waiver.--
(1) In general.--Until the end of the COVID-19 emergency,
any appraisal that is conducted for a loan with respect to
which applicable law would otherwise require the performance of
an interior inspection may be performed without an interior
inspection, if--
(A) an exterior inspection is performed in
conjunction with other methods to maximize credibility,
including verifiable contemporaneous video or
photographic documentation by the borrower and borrower
observations; and
(B) the applicable lender, guarantor, regulating
agency, or insurer may order additional services to
include an interior inspection at a later date.
(2) Stipulation.-- An appraiser conducting an appraisal
without an interior inspection pursuant to this section shall
stipulate an extraordinary assumption that the property's
interior quality, condition, and physical characteristics are
as described and consistent with the exterior view, and shall
employ all available methods to maximize accuracy while
maintaining safety.
(c) Rulemaking.--Not later than the end of the 1-week period
beginning on the date of enactment of this Act, the Federal Housing
Commissioner of the Federal Housing Agency and the Director of the
Federal Housing Finance Agency shall issue such rules or guidance as
may be necessary to ensure that such agencies, the Federal Home Loan
Mortgage Corporation, the Federal National Mortgage Association, and
the Federal home loan banks make any adjustments to mortgage processing
requirements that may be necessary to provide flexibility to avoid in-
person interactions while preserving the goals of the programs and
consumer protection.
(d) COVID-19 Emergency Defined.--In this section, the term ``COVID-
19 emergency'' means the period that begins upon the date of the
enactment of this Act and ends on the date of the termination by the
Federal Emergency Management Agency of the emergency declared on March
13, 2020, by the President under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 4121 et seq.) relating to the
Coronavirus Disease 2019 (COVID-19) pandemic.
SEC. 114. SUPPLEMENTAL FUNDING FOR COMMUNITY DEVELOPMENT BLOCK GRANTS.
(a) Funding and Allocations.--
(1) Authorization of appropriations.--There is authorized
to be appropriated $12,000,000,000 for assistance in accordance
with this section under the community development block grant
program under title I of the Housing and Community Development
Act of 1974 (42 U.S.C. 5301 et seq.).
(2) Initial allocation.--$6,000,000,000 of the amount made
available pursuant to paragraph (1) shall be distributed
pursuant to section 106 of such Act (42 U.S.C. 5306) to
grantees and such allocations shall be made within 30 days
after the date of the enactment of this Act.
(3) Subsequent allocation.--
(A) In general.--The $6,000,000,000 made available
pursuant to paragraph (1) that remains after allocation
pursuant to paragraph (2) shall be allocated, not later
than 45 days after the date of the enactment of this
Act, directly to States to prevent, prepare for, and
respond to coronavirus within the State, 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.
(B) Technical assistance.--Of the amount referred
to in subparagraph (A), $10,000,000 shall be made
available for capacity building and technical
assistance to support the use of such amounts to
expedite or facilitate infectious disease response.
(4) Direct distribution.--Of the amount made available
pursuant to paragraph (1), $3,000,000,000 shall be distributed
directly to States and units of general local government, at
the discretion of the Secretary of Housing and Urban
Development (in this section referred to as 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.
(5) Rolling allocations.--Allocations under this subsection
may be made on a rolling basis as additional needs develop and
data becomes available.
(6) Best available data.--The Secretary shall make all
allocations under this subsection based on the best available
data at the time of allocation.
(b) Eligible Activities.--Amounts made available pursuant to
subsection (a) may be used only for--
(1) eligible activities described in 105(a) of the Housing
and Community Development Act of 1974 (42 U.S.C. 5305(a))
relating to preventing, preparing for, or responding to the
public health emergency relating to Coronavirus Disease 2019
(COVID-19); and
(2) reimbursement of costs for such eligible activities
relating to preventing, preparing for, or responding to
Coronavirus Disease 2019 (COVID-19) that were accrued before
the date of the enactment of this Act.
(c) Inapplicability of Public Services Cap.--The limitation under
paragraph (8) of section 105(a) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5305(a)(8)) on the amount that may
be used for activities under such paragraph shall not apply with
respect to--
(1) amounts made available pursuant to subsection (a); and
(2) amounts made available in preceding appropriation Acts
for fiscal years 2019 and 2020 for carrying out title I of the
Housing and Community Development Act of 1974, to the extent
such amounts are used for activities described in subsection
(b) of this section.
(d) Waivers.--
(1) In general.--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 pursuant to subsection (a)(1)
and for fiscal years 2019 and 2020 (except for requirements
related to fair housing, nondiscrimination, labor standards,
and the environment), if the Secretary finds that good cause
exists for the waiver or alternative requirement and such
waiver or alternative requirement would not be inconsistent
with the overall purpose of title I of the Housing and
Community Development Act of 1974, including for the purposes
of addressing the impact of coronavirus.
(2) Notice.--The Secretary shall notify the public through
the Federal Register or other appropriate means 5 days before
the effective date of any such waiver or alternative
requirement in order for such waiver or alternative requirement
to take effect. Such public notice may be provided on the
Internet at the appropriate Government web site or through
other electronic media, as determined by the Secretary.
(e) Statements of Activities; Comprehensive Housing Affordability
Strategies.--
(1) Inapplicability of requirements.--Section 116(b) of
such Act (42 U.S.C. 5316(b); relating to submission of final
statements of activities not later than August 16 of a given
fiscal year) and any implementing regulations shall not apply
to final statements submitted in accordance with paragraphs (2)
and (3) of section 104 of such Act (42 U.S.C. 5304(a)) 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.
(2) New requirements.--Final statements and comprehensive
housing affordability strategies shall instead be submitted not
later than August 16, 2021.
(3) Amendments.--Notwithstanding subsections (a)(2),
(a)(3), and (c) of section 104 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5304) and section 105 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12705), a grantee may not be required to amend its statement of
activities in order to engage in activities to prevent,
prepare, and respond to coronavirus or the economic and housing
disruption caused by it, but shall make public a report within
180 days of the end of the crisis which fully accounts for such
activities.
(f) Public Hearings.--
(1) Inapplicability of in-person hearing requirements.--A
grantee may not be required to hold in-person public hearings
in connection with its citizen participation plan, but shall
provide citizens with notice and a reasonable opportunity to
comment of not less than 15 days.
(2) Virtual public hearings.--During the period that
national or local health authorities recommend social
distancing and limiting public gatherings for public health
reasons, a grantee may fulfill applicable public hearing
requirements for all grants from funds made available pursuant
to subsection (a)(1) and under the heading ``Department of
Housing and Urban Development--Community Planning and
Development--Community Development Fund'' in appropriation Acts
for fiscal years 2019 and 2020 by carrying out virtual public
hearings. Any such virtual hearings shall provide reasonable
notification and access for citizens in accordance with the
grantee's certifications, timely responses from local officials
to all citizen questions and issues, and public access to all
questions and responses.
(g) Duplication of Benefits.--The Secretary shall ensure there are
adequate procedures in place to prevent any duplication of benefits as
defined by section 312 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5155) and act in accordance with
section 1210 of the Disaster Recovery Reform Act of 2018 (division D of
Public Law 115-254; 132 Stat. 3442) and section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155).
SEC. 115. COVID-19 EMERGENCY HOUSING RELIEF.
(a) Definition of COVID-19 Emergency Period.--For purposes of this
section, the term ``COVID-19 emergency period'' means the period that
begins upon the date of the enactment of this Act and ends upon the
date of the termination by the Federal Emergency Management Agency of
the emergency declared on March 13, 2020, by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 4121 et seq.) relating to the Coronavirus Disease 2019 (COVID-
19) pandemic.
(b) Suspension of Community Service, Work, Presence in Unit, and
Minimum Rent Requirements and Time Limits on Assistance.--
(1) Suspension.--Notwithstanding any other provision of
law, during the COVID-19 emergency period, the following
provisions of law and requirements shall not apply:
(A) Section 12(c) of the United States Housing Act
of 1937 (42 U.S.C. 1437j(c); relating to community
service).
(B) Any work requirement or time limitation on
assistance established by a public housing agency
participating in the Moving to Work demonstration
program authorized under section 204 of the Departments
of Veterans Affairs and Housing and Urban Development
and Independent Agencies Appropriations Act, 1996
(Public Law 104-134; 110 Stat. 1321).
(C) Paragraph (3) of section 3(a) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(a)(3);
relating to minimum rental amount).
(D) Section 982.312 of the regulations of the
Secretary of Housing and Urban Development (24 C.F.R.
982.312); relating to absence from unit).
(2) Prohibition.--No penalty may be imposed nor any adverse
action taken for failure on the part of any tenant of public
housing or a dwelling unit assisted under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) to comply
with the laws and requirements specified in paragraph (1)
during the period specified in paragraph (1).
(c) Housing Choice Vouchers.--
(1) Section 8 vouchers.--Notwithstanding any other
provision of law, the Secretary of Housing and Urban
Development shall provide that--
(A) during the COVID-19 emergency period, a public
housing agency may not terminate the availability to an
eligible household of a housing choice voucher under
section 8(o) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)) for failure to enter into a lease
for an assisted dwelling unit;
(B) in the case of any eligible household on whose
behalf such a housing choice voucher has been made
available, if as of the termination of the COVID-19
emergency period such availability has not terminated
(including by reason of subparagraph (A)) and such
voucher has not been used to enter into a lease for an
assisted dwelling unit, the public housing agency
making such voucher available may not terminate such
availability until the expiration of the 60-day period
beginning upon the termination of the COVID-19
emergency period; and
(C) during the COVID-19 emergency period, clause
(i) of section 8(o)(8)(A) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)(8)A)(i); relating to
initial inspection of dwelling units) shall not apply,
except that in any case in which an inspection of a
dwelling unit for which a housing assistance payment is
established is not conducted before an assistance
payment is made for such dwelling unit--
(i) such clause shall be applied by
substituting ``the expiration of the 90-day
period beginning on the termination of the
COVID-19 emergency period (as such term is
defined in section 117(a) of the Financial
Protections and Assistance for America's
Consumers, States, Businesses, and Vulnerable
Populations Act)'' for ``any assistance payment
is made''; and
(ii) the public housing agency shall inform
the tenant household and the owner of such
dwelling unit of the inspection requirement
applicable to such dwelling unit pursuant to
clause (i).
(2) Rural housing vouchers.--Notwithstanding any other
provision of law, the Secretary of Agriculture shall provide
that the same restrictions and requirements applicable under
paragraph (1) to voucher assistance under section 8(o) of the
United States Housing Act of 1937 shall apply with respect to
voucher assistance under section 542 of the Housing Act of 1949
(42 U.S.C. 1490r). In applying such restrictions and
requirements, the Secretary may take into consideration and
provide for any differences between such programs while
ensuring that the program under such section 542 is carried out
in accordance with the purposes of such restrictions and
requirements.
(d) Suspension of Income Reviews.--During the COVID-19 emergency
period, the Secretary of Housing and Urban Development and the
Secretary of Agriculture shall waive any requirements under law or
regulation requiring review of the income of an individual or household
for purposes of assistance under a housing assistance program
administered by such Secretary, except--
(1) in the case of review of income upon the initial
provision of housing assistance; or
(2) if such review is requested by an individual or
household due to a loss of income.
(e) Authority To Suspend or Delay Deadlines.--During the COVID-19
emergency period, the Secretary of Housing and Urban Development and
the Secretary of Agriculture may suspend or delay any deadline relating
to public housing agencies or owners of housing assisted under a
program administered by such Secretary, except any deadline relating to
responding to exigent conditions related to health and safety or
emergency physical conditions.
(f) Suspension of Assisted Housing Scoring Activities.--The
Secretary of Housing and Urban Development shall suspend scoring under
the Section 8 Management Assessment Program and the Public Housing
Assessment System during the period beginning upon the date of the
enactment of this Act and ending upon expiration of the 90-day period
that begins upon the termination of the COVID-19 emergency period.
(g) Requirements Regarding Residual Receipts and Reserve Funds.--
(1) Suspension of requirement to submit residual receipts
to hud.--During the COVID-19 emergency period, any requirements
for owners of federally assisted multifamily housing to remit
residual receipts to the Secretary of Housing and Urban
Development shall not apply.
(2) Eligible uses of reserve funds.--During the COVID-19
emergency period, any costs of an owner of federally assisted
multifamily housing for items, activities, and services related
to responding to coronavirus or COVID-19 shall be considered
eligible uses for the reserve fund for replacements for such
housing.
SEC. 116. SUPPLEMENTAL FUNDING FOR SERVICE COORDINATORS TO ASSIST
ELDERLY HOUSEHOLDS.
(a) In General.--There is authorized to be appropriated
$300,000,000 for grants under section 676 of the Housing and Community
Development Act of 1992 (42 U.S.C. 13632) for costs of providing
service coordinators for purposes of coordinating services to prevent,
prepare for, or respond to the public health emergency relating to
Coronavirus Disease 2019 (COVID-19).
(b) Hiring.--In the hiring of staff using amounts made available
pursuant to this section, grantees shall consider and hire, at all
levels of employment and to the greatest extent possible, a diverse
staff, including by race, ethnicity, gender, and disability status.
Each grantee shall submit a report to the Secretary of Housing and
Urban Development describing compliance with the preceding sentence not
later than the expiration of the 120-day period that begins upon the
termination of the emergency declared on March 13, 2020, by the
President under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 4121 et seq.) relating to the Coronavirus
Disease 2019 (COVID-19) pandemic.
(c) One-Time Grants.--Grants made using amounts made available
pursuant to subsection (a) shall not be renewable.
(d) One-Year Availability.--Any amounts made available pursuant to
this section that are allocated for a grantee and remaining unexpended
upon the expiration of the 12-month period beginning upon such
allocation shall be recaptured by the Secretary.
SEC. 117. FAIR HOUSING.
(a) Definition of COVID-19 Emergency Period.-- For purposes of this
section, the term ``COVID-19 emergency period'' means the period that
begins upon the date of the enactment of this Act and ends upon the
date of the termination by the Federal Emergency Management Agency of
the emergency declared on March 13, 2020, by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 4121 et seq.) relating to the Coronavirus Disease 2019 (COVID-
19) pandemic.
(b) Fair Housing Activities.--
(1) FHIP; fhap.--
(A) Authorization of appropriations.--To ensure
that fair housing organizations and State and local
civil rights agencies have sufficient resources to deal
with expected increases in fair housing complaints, to
investigate housing discrimination, including financial
scams that target protected classes associated with or
resulting from the COVID-19 pandemic, and during such
pandemic, there is authorized to be appropriated for
contracts, grants, and other assistance--
(i) $55,000,000 for the Fair Housing
Initiatives Program under section 561 of the
Housing and Community Development Act of 1987
(42 U.S.C. 3616a); and
(ii) $35,000,000 for the Fair Housing
Assistance Program under the Fair Housing Act
(42 U.S.C. 3601 et seq.).
Amounts made available pursuant to this subparagraph
may be used by such organizations and agencies to
establish the capacity to and to carry out activities
and services by telephone and online means, including
for individuals with limited English proficiency and
individuals with a disability in accordance with
requirements under the Americans With Disabilities Act
of 1990.
(B) Private enforcement initiative.--In entering
into contracts for private enforcement initiatives
under 561(b) of the Housing and Community Development
Act of 1987 (42 U.S.C. 3616a(b)) using amounts made
available pursuant to subparagraph (A)(i) of this
subsection, the Secretary of Housing and Urban
Development shall give priority to applications from
qualified fair housing enforcement organizations that
have at least 2 years of fair housing testing
experience.
(C) 3-year availability.--Any amounts made
available pursuant subparagraph (A) that are allocated
for a grantee and remain unexpended upon the expiration
of the 3-year period beginning upon such allocation
shall be recaptured by the Secretary.
(2) Office of fair housing and equal opportunity.--There is
authorized to be appropriated $200,000,000 for the Office of
Fair Housing and Equal Opportunity of the Department of Housing
and Urban Development for costs of fully staffing such Office
to ensure robust enforcement of the Fair Housing Act during the
COVID-19 pandemic, including ensuring that--
(A) assistance provided under this Act is provided
and administered in a manner that affirmatively
furthers fair housing in accordance with the Fair
Housing Act;
(B) such Office has sufficient capacity for intake
of housing discrimination complaints by telephone and
online mechanisms, including for individuals with
limited English proficiency and individuals with a
disability in accordance with requirements under the
Americans With Disabilities Act of 1990 and section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794); and
(C) such Office has the capacity to respond to all
housing discrimination complaints made during the
COVID-19 pandemic within time limitations required
under law.
In the hiring of staff using amounts made available pursuant to
this subsection, the Secretary of Housing and Urban Development
shall consider and hire, at all levels of employment and to the
greatest extent possible, a diverse staff, including by race,
ethnicity, gender, and disability status. The Secretary shall
submit a report to the Congress describing compliance with the
preceding sentence on a quarterly basis, for each of the first
4 calendar quarters ending after the date of the enactment of
this Act.
(c) Fair Housing Guidance and Education.--
(1) Prohibition of showings.--Not later than the expiration
of the 30-day period beginning on the date of the enactment of
this Act, the Secretary of Housing and Urban Development shall
issue guidance for owners of dwelling units assisted under
housing assistance programs of the Department prohibiting,
during the COVID-19 emergency period, of any showings of
occupied assisted dwelling units to prospective tenants.
(2) Education.--There is authorized to be appropriated
$10,000,000 for the Office of Fair Housing and Equal
Opportunity of the Department of Housing and Urban Development
to carry out a national media campaign to educate the public of
increased housing rights during COVID-19 emergency period, that
provides that information and materials used in such campaign
are available--
(A) in the languages used by communities with
limited English proficiency; and
(B) to persons with disabilities.
SEC. 118. HUD COUNSELING PROGRAM AUTHORIZATION.
(a) Findings.--The Congress finds the following:
(1) The spread of COVID-19, which is now considered a
global pandemic, is expected to negatively impact the incomes
of potentially millions of homeowners, making it difficult for
them to pay their mortgages on time.
(2) Housing counseling is critical to ensuring that
homeowners have the resources they need to navigate the loss
mitigation options available to them while they are
experiencing financial hardship.
(b) Authorization.--There is authorized to be appropriated the
Secretary of Housing and Urban Development $700,000,000 to carry out
counseling services described under section 106 of the Housing and
Urban Development Act of 1968 (12 U.S.C. 1701x).
SEC. 119. DEFENSE PRODUCTION ACT OF 1950.
(a) Increase in Authorizations.--
(1) Authorizations.--In addition to amounts otherwise
authorized to be appropriated, there is authorized to be
appropriated in the aggregate $3,000,000,000 for fiscal year
2020 and 2021 to carry out titles I and III of the Defense
Production Act of 1950 to produce medical ventilators, personal
protection equipment, and other critically needed medical
supplies and to carry out any other actions necessary to
respond to the COVID-19 emergency.
(2) Carryover funds.--Section 304(e) of the Defense
Production Act of 1950 shall not apply at the close of fiscal
year 2020.
(3) COVID-19 emergency.--In this section, the term ``COVID-
19 emergency'' means the emergency declared on March 13, 2020,
by the President under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 4121 et seq.) relating
to the Coronavirus Disease 2019 (COVID-19) pandemic.
(b) Strengthening Congressional Oversight; Public Portal.--
(1) In general.--Not later than three months after the date
of enactment of this Act, and every three months thereafter,
the Secretary of Commerce, in coordination with the Secretary
of Health and Human Services, the Secretary of Defense, and any
other Federal department or agency that has utilized authority
under title I or title III of the Defense Production Act of
1950 to respond to the COVID-19 emergency, shall submit a
report to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate--
(A) on the use of such authority and the
expenditure of any funds in connection with such
authority;
(B) that includes details of each purchase order
made using such authorities, including the product and
amount of product ordered and the entity that fulfilled
the contract.
(2) Public availability.--The Secretary of Commerce shall
place all reports submitted under paragraph (1) on an
appropriate website available to the public, in an easily
searchable format.
(3) Sunset.--The requirements under this section shall
terminate after the expenditure of all funds appropriated
pursuant to the authorizations under subsection (a).
TITLE II--ASSISTING SMALL BUSINESSES AND COMMUNITY FINANCIAL
INSTITUTIONS
SEC. 201. SMALL BUSINESS CREDIT FACILITY.
(a) Establishment.--The Board of Governors of the Federal Reserve
System shall establish a credit facility to provide loans to small
businesses during the COVID-19 emergency.
(b) Definitions.--In this section:
(1) COVID-19 emergency.--The term ``COVID-19 emergency''
means the period that begins upon the date of the enactment of
this Act and ends on the date of the termination by the Federal
Emergency Management Agency of the emergency declared on March
13, 2020, by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 4121 et
seq.) relating to the Coronavirus Disease 2019 (COVID-19)
pandemic.
(2) Small business.--The term ``small business'' means--
(A) a small business concern (as defined under
section 3 of the Small Business Act (15 U.S.C. 632);
(B) a family farm;
(C) an independent contractor; and
(D) any other class of businesses to which the
Board of Governors determines loans would promote full
employment and price stability.
SEC. 202. SMALL BUSINESS FINANCIAL ASSISTANCE PROGRAM.
(a) In General.--The Secretary of the Treasury shall establish a
Small Business Financial Assistance Program under which the Secretary
shall provide loans and loan guarantees to small businesses.
(b) Application.--In making loans and loan guarantees under this
section, the Secretary shall--
(1) provide a simple application process for borrowers; and
(2) establish clear and easy to understand underwriting
standards for such loans.
(c) Zero-Interest Loans.--Loans made by or guaranteed by the
Secretary under this section shall be zero-interest loans, if the small
business receiving such loan does not involuntarily terminate any
employee of the small business during the COVID-19 emergency.
(d) Advance.--
(1) In general.--Upon request from an applicant for a loan
under this section, the Secretary may provide to such applicant
an advance, in cash, to such applicant.
(2) Amount.--An advance provided under paragraph (1) shall
be in an amount equal to the revenue of the applicant for the
period beginning January 1, 2020 and ending January 31, 2020.
(3) Procedures.--
(A) Review.--The Secretary shall have 1 week from
the receipt of a request for an advance under paragraph
(1) to conduct a risk assessment of the applicant to
determine whether to approve or deny such request.
(B) Approval.--If the Secretary does not deny a
request under subparagraph (A), the advance shall be
directly deposited into the account identified by the
applicant.
(C) Remaining funds.--Not later than 4 weeks after
approving a request of an applicant under subparagraph
(A), the Secretary shall disburse the remaining funds
to such applicant.
(e) Forgiveness.--If small business that receives a loan or loan
guarantee under this section demonstrates to the Secretary that the
number of full-time employees of such small business on the date such
small business submitted an application under this section is greater
than or equal to the number of full-time employees of such small
business on the date that is 1 year after the date of such submission,
the Secretary shall forgive the remaining outstanding principal and
interest on such loan or loan guarantee.
(f) Funding.--The Secretary shall use $50,000,000,000 from the
Exchange Stabilization Fund, without further appropriation, to carry
out this section.
(g) Definitions.--In this section:
(1) COVID-19 emergency.--The term ``COVID-19 emergency''
means the period that--
(A) begins on the declaration of the emergency
declared on March 13, 2020, by the President under the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 4121 et seq.) relating to the
Coronavirus Disease 2019 (COVID-19) pandemic; and
(B) ends on the termination by the Federal
Emergency Management Agency of such emergency.
(2) Small business.--The term ``small business'' means--
(A) a small business concern (as defined under
section 3 of the Small Business Act (15 U.S.C. 632);
(B) a family farm; and
(C) an independent contractor.
SEC. 203. LOAN AND OBLIGATION PAYMENT RELIEF FOR AFFECTED SMALL
BUSINESSES AND NON-PROFITS.
(a) In General.--
(1) In general.--During the COVID-19 emergency, a debt
collector may not, with respect to a debt of a small business
or non-profit (other than debt related to a federally related
mortgage loan)--
(A) capitalize unpaid interest;
(B) apply a higher interest rate triggered by the
nonpayment of a debt to the debt balance;
(C) charge a fee triggered by the nonpayment of a
debt;
(D) sue or threaten to sue for nonpayment of a
debt;
(E) continue litigation to collect a debt that was
initiated before the date of enactment of this section;
(F) submit or cause to be submitted a confession of
judgment to any court;
(G) enforce a security interest through
repossession, limitation of use, or foreclosure;
(H) take or threaten to take any action to enforce
collection, or any adverse action for nonpayment of a
debt, or for nonappearance at any hearing relating to a
debt;
(I) commence or continue any action to cause or to
seek to cause the collection of a debt, including
pursuant to a court order issued before the end of the
120-day period following the end of the COVID-19
emergency, from wages, Federal benefits, or other
amounts due to a small business or non-profit by way of
garnishment, deduction, offset, or other seizure;
(J) cause or seek to cause the collection of a
debt, including pursuant to a court order issued before
the end of the 120-day period following the end of the
COVID-19 emergency, by levying on funds from a bank
account or seizing any other assets of a small business
or non-profit;
(K) commence or continue an action to evict a small
business or non-profit from real or personal property;
or
(L) disconnect or terminate service from utility
service, including electricity, natural gas,
telecommunications or broadband, water, or sewer.
(2) Rule of construction.--Nothing in this subsection may
be construed to prohibit a small business or non-profit from
voluntarily paying, in whole or in part, a debt.
(3) Repayment period.--After the expiration of the COVID-19
emergency, with respect to a debt described under paragraph
(1), a debt collector--
(A) may not add to the debt balance any interest or
fee prohibited by paragraph (1);
(B) shall, for credit with a defined term or
payment period, extend the time period to repay the
debt balance by 1 payment period for each payment that
a small business or non-profit missed during the COVID-
19 emergency, with the payments due in the same amounts
and at the same intervals as the pre-existing payment
schedule;
(C) shall, for an open end credit plan (as defined
under section 103 of the Truth in Lending Act) or other
credit without a defined term, allow the small business
or non-profit to repay the debt balance in a manner
that does not exceed the amounts permitted by formulas
under section 170(c) of the Truth in Lending Act and
regulations promulgated thereunder; and
(D) shall, when the small business or non-profit
notifies the debt collector, offer reasonable and
affordable repayment plans, loan modifications,
refinancing, options with a reasonable time in which to
repay the debt.
(4) Communications in connection with the collection of a
debt.--
(A) In general.--During the COVID-19 emergency,
without prior consent of a small business or non-profit
given directly to a debt collector during the COVID-19
emergency, or the express permission of a court of
competent jurisdiction, a debt collector may only
communicate in writing in connection with the
collection of any debt (other than debt related to a
federally related mortgage loan).
(B) Required disclosures.--
(i) In general.--All written communications
described under subparagraph (A) shall inform
the small business or non-profit that the
communication is for informational purposes and
is not an attempt to collect a debt.
(ii) Requirements.--The disclosure required
under clause (i) shall be made--
(I) in type or lettering not
smaller than 14-point bold type;
(II) separate from any other
disclosure;
(III) in a manner designed to
ensure that the recipient sees the
disclosure clearly;
(IV) in English and Spanish and in
any additional languages in which the
debt collector communicates, including
the language in which the loan was
negotiated, to the extent known by the
debt collector; and
(V) may be provided by first-class
mail or electronically, if the borrower
has otherwise consented to electronic
communication with the debt collector
and has not revoked such consent.
(iii) Oral notification.--Any oral
notification shall be provided in the language
the debt collector otherwise uses to
communicate with the borrower.
(iv) Written translations.--In providing
written notifications in languages other than
English in this Section, a debt collector may
rely on written translations developed by the
Bureau of Consumer Financial Protection.
(5) Violations.--
(A) In general.--Any person who violates this
section shall--
(i) except as provided under clause (ii),
be subject to civil liability in accordance
with section 813 of the Fair Debt Collection
Practices Act, as if the person is a debt
collector for purposes of that section.
(B) Predispute arbitration agreements.--
Notwithstanding any other provision of law, no
predispute arbitration agreement or predispute joint-
action waiver shall be valid or enforceable with
respect to a dispute brought under this section,
including a dispute as to the applicability of this
section, which shall be determined under Federal law.
(6) Tolling.--Except as provided in paragraph (7)(D), any
applicable time limitations, including statutes of limitations,
related to a debt under Federal or State law shall be tolled
during the COVID-19 emergency.
(7) Claims of affected creditors and debt collectors.--
(A) Valuation of property.--With respect to any
action asserting a taking under the Fifth Amendment of
the Constitution of the United States as a result of
this section or seeking a declaratory judgment
regarding the constitutionality of this section, the
value of the property alleged to have been taken
without just compensation shall be evaluated--
(i) with consideration of the likelihood of
full and timely payment of the obligation
without the actions taken pursuant to this
section; and
(ii) without consideration of any
assistance provided directly or indirectly to
the small business or non-profit from other
Federal, State, and local government programs
instituted or legislation enacted in response
to the COVID-19 emergency.
(B) Scope of just compensation.--In an action
described in subparagraph (A), any assistance or
benefit provided directly or indirectly to the person
from other Federal, State, and local government
programs instituted in or legislation enacted response
to the COVID-19 emergency, shall be deemed to be
compensation for the property taken, even if such
assistance or benefit is not specifically provided as
compensation for property taken by this section.
(C) Appeals.--Any appeal from an action under this
section shall be treated under section 158 of title 28,
United States Code, as if it were an appeal in a case
under title 11, United States Code.
(D) Repose.--Any action asserting a taking under
the Fifth Amendment to the Constitution of the United
States as a result of this section shall be brought
within not later than 180 days after the end of the
COVID-19 emergency.
(8) Definitions.--In this section:
(A) COVID-19 emergency.--The term ``COVID-19
emergency'' means the period that begins upon the date
of the enactment of this Act and ends on the date of
the termination by the Federal Emergency Management
Agency of the emergency declared on March 13, 2020, by
the President under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 4121 et
seq.) relating to the Coronavirus Disease 2019 (COVID-
19) pandemic.
(B) Creditor.--The term ``creditor'' means--
(i) any person who offers or extends credit
creating a debt or to whom a debt is owed or
other obligation for payment;
(ii) any lessor of real or personal
property; or
(iii) any provider of utility services.
(C) Debt.--The term ``debt''--
(i) means any obligation or alleged
obligation--
(I) for which the original
agreement, or if there is no agreement,
the original obligation to pay was
created before or during the COVID-19
emergency, whether or not such
obligation has been reduced to
judgment; and
(II) that arises out of a
transaction with a small business or
non-profit; and
(ii) does not include a federally related
mortgage loan.
(D) Debt collector.--The term ``debt collector''
means a creditor, and any person or entity that engages
in the collection of debt, including the Federal
Government and a State government, irrespective of
whether the debt is allegedly owed to or assigned to
that person or to the entity.
(E) Federally related mortgage loan.--The term
``federally related mortgage loan'' has the meaning
given that term under section 3 of the Real Estate
Settlement Procedures Act of 1974 (12 U.S.C. 2602).
(F) Non-profit.--The term ``non-profit'' means an
organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code.
(G) Small business.--The term ``small business''
has the meaning given the term ``small business
concern'' under section 3 of the Small Business Act.
(b) Credit Facility for Other Purposes.--The Board of Governors of
the Federal Reserve System shall establish a facility that the Board of
Governors shall use to make payments to holders of loans or obligations
to compensate such holders for documented financial losses--
(1) with respect to a loan made to an individual, small
business, or non-profit; and
(2) where such losses were caused by a suspension of
payments required under Federal law in connection with the
COVID-19 emergency.
SEC. 204. REAUTHORIZATION OF THE STATE SMALL BUSINESS CREDIT INITIATIVE
ACT OF 2010.
The State Small Business Credit Initiative Act of 2010 (15 U.S.C.
5701 et seq.) is amended--
(1) by striking ``2009 allocation'' each place such term
appears and inserting ``2019 allocation'';
(2) by striking ``2010 allocation'' each place such term
appears and inserting ``2020 allocation'';
(3) by striking ``date of enactment of this Act'' each
place it appears and inserting ``date of the enactment of the
Small Business Support and Access to Capital Act of 2020'';
(4) by striking ``date of the enactment of this Act'' each
place it appears and inserting ``date of the enactment of the
Small Business Support and Access to Capital Act of 2020'';
(5) in section 3003(b)(2)--
(A) in the section heading, by striking ``2009
allocation formula'' and inserting striking ``2019
allocation formula'';
(B) by striking ``2008 State employment decline''
each place such term appears and inserting ``2018 State
employment decline'';
(C) in subparagraph (A), by striking ``2009
allocation'' and inserting ``2019 allocation''; and
(D) in subparagraph (C)--
(i) in the subparagraph heading, by
striking ``2008 state employment decline
defined'' and inserting ``2018 state employment
decline defined'';
(ii) in clause (i), by striking ``December
2007'' and inserting ``December 2017''; and
(iii) in clause (ii), by striking
``December 2008'' and inserting ``December
2018'';
(6) in section 3003(b)(3)--
(A) in the section heading, by striking ``2010
allocation formula'' and inserting striking ``2020
allocation formula'';
(B) by striking ``2009 unemployment number'' each
place such term appears and inserting ``2019
unemployment number''; and
(C) in subparagraph (C)--
(i) in the subparagraph heading, by
striking ``2009 unemployment number defined''
and inserting ``2019 unemployment number
defined''; and
(ii) by striking ``December 2009'' and
inserting ``December 2019'';
(7) in section 3005(e), by striking ``to the Secretary a
report'' and inserting ``to the Secretary and Congress a
report'';
(8) in section 3007--
(A) in subsection (a)(1), by striking `` to the
Secretary a report'' and inserting ``to the Secretary
and Congress a report''; and
(B) in subsection (b)--
(i) by striking ``March 31, 2011'' and
inserting ``March 31, 2021''; and
(ii) by striking ``to the Secretary'' and
inserting ``to the Secretary and Congress'';
and
(9) in section 3009--
(A) in subsection (b), by striking
``$1,500,000,000'' and inserting ``$10,000,000,000'';
(B) in subsection (c), by adding at the end the
following new sentence: ``At the end of such period,
any amounts that remain unexpended or unobligated shall
be transferred to the Community Development Financial
Institutions Fund established under section 104(a) of
the Riegle Community Development and Regulatory
Improvement Act of 1994.''.
SEC. 205. FUNDING OF THE INITIATIVE TO BUILD GROWTH EQUITY FUNDS FOR
MINORITY BUSINESSES.
(a) Grant.--The Minority Business Development Agency shall provide
a grant of $3,000,0000,000 to fully implement the Initiative to Build
Growth Equity Funds for Minority Businesses (the ``Initiative''; award
number MB19OBD8020113), including to use such amounts as capital for
the Equity Funds.
(b) Administrative Expenses.--Of the amounts provided under
subsection (a), the grant recipient may use not more than 2.25 percent
of such amount for administrative expenses, of which--
(1) not more than 1.5 percent per annum may be used for
fees to be paid to investment managers for fund investment
activities, including deal sourcing, due diligence, investment
monitoring, and investment reporting; and
(2) not more than 0.75 percent per annum may be used for
fund administration activities by the grant recipient,
including fund manager evaluation, selection, monitoring, and
overall fund program management.
(c) Treatment of Interest.--Notwithstanding any other provision of
law, with the approval of the Minority Business Development Agency,
grant funds made available under subsection (a) may be deposited in
interest-bearing accounts pending disbursement, and any interest which
accrues may be retained without returning such interest to the Treasury
of the United States and interest earned may be obligated and expended
for the purposes for which the grant was made available without further
appropriation.
(d) Reporting and Audit Requirements.--
(1) Reporting by recipient.--The grant recipient under this
section shall issue a report to the Minority Business
Development Agency every 6 months detailing the use of grant
funds received under this section and any other information
that the Minority Business Development Agency may require.
(2) Annual report to congress.--The Minority Business
Development Agency shall issue an annual report to the Congress
containing the information received under paragraph (1) and an
analysis of the implementation of the Initiative.
(3) GAO audit.--The Comptroller General of the United
States shall, every 2 years, carry out an audit of the
Initiative and issue a report to the Congress and the Minority
Business Development Agency containing the results of such
audit.
(4) Fund managers.--Fund managers shall annually report on
their fund management activities, including--
(A) fund performance;
(B) impacts of capital investments by industry and
geography;
(C) racial, ethnic, and gender demographics of
minority businesses receiving capital from the
Initiative; and
(D) any other ancillary and economic benefits of
capital investments from the Initiative.
(e) Funding.--There is authorized to be appropriated to the
Minority Business Development Agency $3,000,000,000 to make the grant
described under subsection (a).
SEC. 206. COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND
SUPPLEMENTAL APPROPRIATION AUTHORIZATION.
There is authorized to be appropriated $1,000,000,000 for fiscal
year 2020, for providing financial assistance and technical assistance
under subparagraphs (A) and (B) of section 108(a)(1) of the Community
Development Banking and Financial Institutions Act of 1994 (12 U.S.C.
4707(a)(1)), except that subsections (d) and (e) of such section 108
shall not apply to the provision of such assistance.
SEC. 207. MINORITY DEPOSITORY INSTITUTION.
(a) Sense of Congress on Funding the Loan-Loss Reserve Fund for
Small Dollar Loans.--The sense of Congress is the following:
(1) The Community Development Financial Institutions Fund
(the ``CDFI Fund'') is an agency of the Department of the
Treasury, and was established by the Riegle Community
Development and Regulatory Improvement Act of 1994. The mission
of the CDFI Fund is ``to expand economic opportunity for
underserved people and communities by supporting the growth and
capacity of a national network of community development
lenders, investors, and financial service providers''. A
community development financial institution (a ``CDFI'') is a
specialized financial institution serving low-income
communities and a Community Development Entity (a ``CDE'') is a
domestic corporation or partnership that is an intermediary
vehicle for the provision of loans, investments, or financial
counseling in low-income communities. The CDFI Fund certifies
CDFIs and CDEs. Becoming a certified CDFI or CDE allows
organizations to participate in various CDFI Fund programs as
follows:
(A) The Bank Enterprise Award Program, which
provides FDIC-insured depository institutions awards
for a demonstrated increase in lending and investments
in distressed communities and CDFIs.
(B) The CDFI Program, which provides Financial and
Technical Assistance awards to CDFIs to reinvest in the
CDFI, and to build the capacity of the CDFI, including
financing product development and loan loss reserves.
(C) The Native American CDFI Assistance Program,
which provides CDFIs and sponsoring entities Financial
and Technical Assistance awards to increase lending and
grow the number of CDFIs owned by Native Americans to
help build capacity of such CDFIs.
(D) The New Market Tax Credit Program, which
provides tax credits for making equity investments in
CDEs that stimulate capital investments in low-income
communities.
(E) The Capital Magnet Fund, which provides awards
to CDFIs and nonprofit affordable housing organizations
to finance affordable housing solutions and related
economic development activities.
(F) The Bond Guarantee Program, a source of long-
term, patient capital for CDFIs to expand lending and
investment capacity for community and economic
development purposes.
(2) The Department of the Treasury is authorized to create
multi-year grant programs designed to encourage low-to-moderate
income individuals to establish accounts at federally insured
banks, and to improve low-to-moderate income individuals'
access to such accounts on reasonable terms.
(3) Under this authority, grants to participants in CDFI
Fund programs may be used for loan-loss reserves and to
establish small-dollar loan programs by subsidizing related
losses. These grants also allow for the providing recipients
with the financial counseling and education necessary to
conduct transactions and manage their accounts. These loans
provide low-cost alternatives to payday loans and other
nontraditional forms of financing that often impose excessive
interest rates and fees on borrowers, and lead millions of
Americans to fall into debt traps. Small-dollar loans can only
be made pursuant to terms, conditions, and practices that are
reasonable for the individual consumer obtaining the loan.
(4) Program participation is restricted to eligible
institutions, which are limited to organizations listed in
section 501(c)(3) of the Internal Revenue Code and exempt from
tax under 501(a) of such Code, federally insured depository
institutions, community development financial institutions and
State, local, or Tribal government entities.
(5) Since its founding, the CDFI Fund has awarded over
$3,300,000,000 to CDFIs and CDEs, allocated $54,000,000,000 in
tax credits, and $1,510,000,000 in bond guarantees. According
to the CDFI Fund, some programs attract as much as $10 in
private capital for every $1 invested by the CDFI Fund. The
Administration and the Congress should prioritize appropriation
of funds for the loan loss reserve fund and technical
assistance programs administered by the Community Development
Financial Institution Fund, as included in the version of the
``Financial Services and General Government Appropriations Act,
2020'' (H.R. 3351) that passed the House of Representatives on
June, 26, 2019.
(b) Definitions.--In this section:
(1) Community development financial institution.--The term
``community development financial institution'' has the meaning
given under section 103 of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4702).
(2) Minority depository institution.--The term ``minority
depository institution'' has the meaning given under section
308 of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (12 U.S.C. 1463 note), as amended by
this Act.
(c) Inclusion of Women's Banks in the Definition of Minority
Depository Institution.--Section 308(b)(1) of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C.
1463 note) is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively;
(2) by striking ``means any'' and inserting the following:
``means--
``(A) any''; and
(3) in clause (iii) (as so redesignated), by striking the
period at the end and inserting ``; or''; and
(4) by inserting at the end the following new subparagraph:
``(B) any bank described in clause (i), (ii), or
(iii) of section 19(b)(1)(A) of the Federal Reserve
Act--
``(i) more than 50 percent of the
outstanding shares of which are held by 1 or
more women; and
``(ii) the majority of the directors on the
board of directors of which are women.''.
(d) Establishment of Impact Bank Designation.--
(1) In general.--Each appropriate Federal banking agency
shall establish a program under which a depository institution
with total consolidated assets of less than $10,000,000,000 may
elect to be designated as an impact bank if 50 percent or more
of the loans extended by such covered bank are extended to low-
income borrowers.
(2) Designation.--Based on data obtained through
examinations, an appropriate Federal banking agency shall
submit a notification to a depository institution stating that
the depository institution qualifies for designation as an
impact bank.
(3) Application.--A depository institution that does not
receive a notification described in paragraph (2) may submit an
application to the appropriate Federal banking agency
demonstrating that the depository institution qualifies for
designation as an impact bank.
(4) Additional data or oversight.--A depository institution
is not required to submit additional data to an appropriate
Federal banking agency or be subject to additional oversight
from such an agency if such data or oversight is related
specifically and solely for consideration for a designation as
an impact bank.
(5) Removal of designation.--If an appropriate Federal
banking agency determines that a depository institution
designated as an impact bank no longer meets the criteria for
such designation, the appropriate Federal banking agency shall
rescind the designation and notify the depository institution
of such rescission.
(6) Reconsideration of designation; appeals.--A depository
institution may--
(A) submit to the appropriate Federal banking
agency a request to reconsider a determination that
such depository institution no longer meets the
criteria for the designation; or
(B) file an appeal in accordance with procedures
established by the appropriate Federal banking agency.
(7) Rulemaking.--Not later than 1 year after the date of
the enactment of this Act, the appropriate Federal banking
agencies shall jointly issue rules to carry out the
requirements of this subsection, including by providing a
definition of a low-income borrower.
(8) Federal deposit insurance act definitions.--In this
subsection, the terms ``depository institution'' and
``appropriate Federal banking agency'' have the meanings given
such terms, respectively, in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813).
(e) Minority Depository Institutions Advisory Committees.--
(1) Establishment.--Each covered regulator shall establish
an advisory committee to be called the ``Minority Depository
Institutions Advisory Committee''.
(2) Duties.--Each Minority Depository Institutions Advisory
Committee shall provide advice to the respective covered
regulator on meeting the goals established by section 308 of
the Financial Institutions Reform, Recovery, and Enforcement
Act of 1989 (12 U.S.C. 1463 note) to preserve the present
number of covered minority institutions, preserve the minority
character of minority-owned institutions in cases involving
mergers or acquisitions, provide technical assistance, and
encourage the creation of new covered minority institutions.
The scope of the work of each such Minority Depository
Institutions Advisory Committee shall include an assessment of
the current condition of covered minority institutions, what
regulatory changes or other steps the respective agencies may
be able to take to fulfill the requirements of such section
308, and other issues of concern to minority depository
institutions.
(3) Membership.--
(A) In general.--Each Minority Depository
Institutions Advisory Committee shall consist of no
more than 10 members, who--
(i) shall serve for one two-year term;
(ii) shall serve as a representative of a
depository institution or an insured credit
union with respect to which the respective
covered regulator is the covered regulator of
such depository institution or insured credit
union; and
(iii) shall not receive pay by reason of
their service on the advisory committee, but
may receive travel or transportation expenses
in accordance with section 5703 of title 5,
United States Code.
(B) Diversity.--To the extent practicable, each
covered regulator shall ensure that the members of
Minority Depository Institutions Advisory Committee of
such agency reflect the diversity of depository
institutions.
(4) Meetings.--
(A) In general.--Each Minority Depository
Institutions Advisory Committee shall meet not less
frequently than twice each year.
(B) Invitations.--Each Minority Depository
Institutions Advisory Committee shall invite the
attendance at each meeting of the Minority Depository
Institutions Advisory Committee of--
(i) one member of the majority party and
one member of the minority party of the
Committee on Financial Services of the House of
Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate; and
(ii) one member of the majority party and
one member of the minority party of any
relevant subcommittees of such committees.
(5) No termination of advisory committees.--The termination
requirements under section 14 of the Federal Advisory Committee
Act (5 U.S.C. app.) shall not apply to a Minority Depository
Institutions Advisory Committee established pursuant to this
subsection.
(6) Definitions.--In this subsection:
(A) Covered regulator.--The term ``covered
regulator'' means the Comptroller of the Currency, the
Board of Governors of the Federal Reserve System, the
Federal Deposit Insurance Corporation, and the National
Credit Union Administration.
(B) Covered minority institution.--The term
``covered minority institution'' means a minority
depository institution (as defined in section 308(b) of
the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (12 U.S.C. 1463 note)) or a
minority credit union (as defined in section 1204(c) of
the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989, as amended by this Act).
(C) Depository institution.--The term ``depository
institution'' has the meaning given under section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813).
(D) Insured credit union.--The term ``insured
credit union'' has the meaning given in section 101 of
the Federal Credit Union Act (12 U.S.C. 1752).
(7) Technical amendment.--Section 308(b) of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989 (12
U.S.C. 1463 note) is amended by adding at the end the following
new paragraph:
``(3) Depository institution.--The term `depository
institution' means an `insured depository institution' (as
defined in section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813)) and an insured credit union (as defined in
section 101 of the Federal Credit Union Act (12 U.S.C.
1752)).''.
(f) Federal Deposits in Minority Depository Institutions.--
(1) In general.--Section 308 of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463
note) is amended--
(A) by adding at the end the following new
subsection:
``(d) Federal Deposits.--The Secretary of the Treasury shall ensure
that deposits made by Federal agencies in minority depository
institutions and impact banks are fully collateralized or fully
insured, as determined by the Secretary. Such deposits shall include
reciprocal deposits as defined in section 337.6(e)(2)(v) of title 12,
Code of Federal Regulations (as in effect on March 6, 2019).''; and
(B) in subsection (b), as amended by section 6(g),
by adding at the end the following new paragraph:
``(4) Impact bank.--The term `impact bank' means a
depository institution designated by an appropriate Federal
banking agency pursuant to section 5 of the Ensuring Diversity
in Community Banking Act of 2020.''.
(2) Technical amendments.--Section 308 of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989 (12
U.S.C. 1463 note) is amended--
(A) in the matter preceding paragraph (1), by
striking ``section--'' and inserting ``section:''; and
(B) in the paragraph heading for paragraph (1), by
striking ``financial'' and inserting ``depository''.
(g) Minority Bank Deposit Program.--
(1) In general.--Section 1204 of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811
note) is amended to read as follows:
``SEC. 1204. EXPANSION OF USE OF MINORITY BANKS AND MINORITY CREDIT
UNIONS.
``(a) Minority Bank Deposit Program.--
``(1) Establishment.--There is established a program to be
known as the `Minority Bank Deposit Program' to expand the use
of minority banks and minority credit unions.
``(2) Administration.--The Secretary of the Treasury,
acting through the Fiscal Service, shall--
``(A) on application by a depository institution or
credit union, certify whether such depository
institution or credit union is a minority bank or
minority credit union;
``(B) maintain and publish a list of all depository
institutions and credit unions that have been certified
pursuant to subparagraph (A); and
``(C) periodically distribute the list described in
subparagraph (B) to--
``(i) all Federal departments and agencies;
``(ii) interested State and local
governments; and
``(iii) interested private sector
companies.
``(3) Inclusion of certain entities on list.--A depository
institution or credit union that, on the date of the enactment
of this section, has a current certification from the Secretary
of the Treasury stating that such depository institution or
credit union is a minority bank or minority credit union shall
be included on the list described under paragraph (2)(B).
``(b) Expanded Use Among Federal Departments and Agencies.--
``(1) In general.--Not later than 1 year after the
establishment of the program described in subsection (a), the
head of each Federal department or agency shall develop and
implement standards and procedures to ensure, to the maximum
extent possible as permitted by law, the use of minority banks
and minority credit unions to serve the financial needs of each
such department or agency.
``(2) Report to congress.--Not later than 2 years after the
establishment of the program described in subsection (a), and
annually thereafter, the head of each Federal department or
agency shall submit to Congress a report on the actions taken
to increase the use of minority banks and minority credit
unions to serve the financial needs of each such department or
agency.
``(c) Definitions.--For purposes of this section:
``(1) Credit union.--The term `credit union' has the
meaning given the term `insured credit union' in section 101 of
the Federal Credit Union Act (12 U.S.C. 1752).
``(2) Depository institution.--The term `depository
institution' has the meaning given the term `insured depository
institution' in section 3 of the Federal Deposit Insurance Act
(12 U.S.C. 1813).
``(3) Minority.--The term `minority' means any Black
American, Native American, Hispanic American, or Asian
American.
``(4) Minority bank.--The term `minority bank' means a
minority depository institution as defined in section 308 of
this Act.
``(5) Minority credit union.--The term `minority credit
union' means any credit union for which more than 50 percent of
the membership (including board members) of such credit union
are minority individuals, as determined by the National Credit
Union Administration pursuant to section 308 of this Act.''.
(2) Conforming amendments.--The following provisions are
amended by striking ``1204(c)(3)'' and inserting ``1204(c)'':
(A) Section 808(b)(3) of the Community Reinvestment
Act of 1977 (12 U.S.C. 2907(b)(3)).
(B) Section 40(g)(1)(B) of the Federal Deposit
Insurance Act (12 U.S.C. 1831q(g)(1)(B)).
(C) Section 704B(h)(4) of the Equal Credit
Opportunity Act (15 U.S.C. 1691c-2(h)(4)).
(h) Diversity Report and Best Practices.--
(1) Annual report.--Each covered regulator shall submit to
Congress an annual report on diversity including the following:
(A) Data, based on voluntary self-identification,
on the racial, ethnic, and gender composition of the
examiners of each covered regulator, disaggregated by
length of time served as an examiner.
(B) The status of any examiners of covered
regulators, based on voluntary self-identification, as
a veteran.
(C) Whether any covered regulator, as of the date
on which the report required under this subsection is
submitted, has adopted a policy, plan, or strategy to
promote racial, ethnic, and gender diversity among
examiners of the covered regulator.
(D) Whether any special training is developed and
provided for examiners related specifically to working
with banks that serve communities that are
predominantly minorities, low income, or rural, and the
key focus of such training.
(2) Best practices.--Each Office of Minority and Women
Inclusion of a covered regulator shall develop, provide to the
head of the covered regulator, and make publicly available best
practices--
(A) for increasing the diversity of candidates
applying for examiner positions, including through
outreach efforts to recruit diverse candidate to apply
for entry-level examiner positions; and
(B) for retaining and providing fair consideration
for promotions within the examiner staff for purposes
of achieving diversity among examiners.
(3) Covered regulator defined.--In this subsection, the
term ``covered regulator'' means the Comptroller of the
Currency, the Board of Governors of the Federal Reserve System,
the Federal Deposit Insurance Corporation, and the National
Credit Union Administration.
(i) Investments in Minority Depository Institutions and Impact
Banks.--
(1) Control for certain institutions.--Section 7(j)(8)(B)
of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)(8)(B))
is amended to read as follows:
``(B) `control' means the power, directly or indirectly--
``(i) to direct the management or policies of an
insured depository institution; or
``(ii)(I) with respect to an insured depository
institution, of a person to vote 25 per centum or more
of any class of voting securities of such institution;
or
``(II) with respect to an insured depository
institution that is an impact bank (as designated
pursuant to section 5 of the Ensuring Diversity in
Community Banking Act of 2020) or a minority depository
institution (as defined in section 308(b) of the
Financial Institutions Reform, Recovery, and
Enforcement Act of 1989), of an individual to vote 30
percent of more of any class of voting securities of
such an impact bank or a minority depository
institution.''.
(2) Rulemaking.--The appropriate Federal banking agency (as
defined in section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813)) shall jointly issue rules for de novo minority
depository institutions and de novo impact banks (as designated
pursuant to section 5) to allow 3 years to meet the capital
requirements otherwise applicable to minority depository
institutions and impact banks.
(3) Report.--Not later than 1 year after the date of the
enactment of this Act, the appropriate Federal banking agencies
shall jointly submit to Congress a report on--
(A) the principal causes for the low number of de
novo minority depository institutions during the 10-
year period preceding the date of the report;
(B) the main challenges to the creation of de novo
minority depository institutions and de novo impact
banks; and
(C) regulatory and legislative considerations to
promote the establishment of de novo minority
depository institutions and de novo impact banks.
(j) Requirement to Mentor Minority Depository Institutions or
Community Development Financial Institutions to Serve as a Depositary
or Financial Agent.--
(1) In general.--Before a large financial institution may
be employed as a financial agent of the Department of the
Treasury or perform any reasonable duties as depositary of
public moneys of the Department of the Treasury, the large
financial institution shall demonstrate participation as a
mentor in a covered mentor-protege program to a protege firm
that is a minority depository institution or a community
development financial institution.
(2) Report.--Not later than 6 months after the date of the
enactment of this Act and annually thereafter, the Secretary of
the Treasury shall submit to Congress a report on participants
in a covered mentor-protege program, including an analysis of
outcomes of such program.
(3) Procedures.--The Secretary of the Treasury shall
publish procedures for compliance with the requirements of this
subsection for large financial institutions.
(4) Definitions.--In this subsection:
(A) Covered mentor-protege program.--The term
``covered mentor-protege program'' means a mentor-
protege program established by the Secretary of the
Treasury pursuant to section 45 of the Small Business
Act (15 U.S.C. 657r).
(B) Large financial institution.--The term ``large
financial institution'' means any entity--
(i) regulated by the Comptroller of the
Currency, the Board of Governors of the Federal
Reserve System, the Federal Deposit Insurance
Corporation, or the National Credit Union
Administration; and
(ii) that has total consolidated assets
greater than or equal to $50,000,000,000.
(k) Custodial Deposit Program for Covered Minority Depository
Institutions and Impact Banks.--
(1) Establishment.--The Secretary of the Treasury shall
establish a custodial deposit program (in this subsection
referred to as the ``Program'') under which a covered bank
shall receive monthly deposits from a qualifying account.
(2) Application.--A covered bank shall submit to the
Secretary an application to participate in the Program at such
time, in such manner, and containing such information as the
Secretary may determine.
(3) Program operations.--
(A) Designation of custodial entities.--The
Secretary shall designate eligible custodial entities
to make monthly deposits with covered banks selected
for participation in the Program on behalf of a
qualifying account.
(B) Custodial accounts.--
(i) In general.--The Secretary shall
establish a custodial deposit account for each
qualifying account with the eligible custodial
entity designated to make deposits with covered
banks for each such qualifying account.
(ii) Amount.--The Secretary shall deposit a
total amount not greater than 5 percent of a
qualifying account into any custodial deposit
accounts established under subparagraph (A).
(iii) Deposits with program participants.--
(I) Monthly deposits.--Each month,
each eligible custodial entity
designated by the Secretary shall
deposit an amount not greater than the
insured amount, in the aggregate, from
each custodial deposit account, in a
single covered bank.
(II) Limitation.--With respect to
the funds of an individual qualifying
account, the eligible custodial entity
may not deposit an amount greater than
the insured amount in a single covered
bank.
(III) Insured amount defined.--In
this clause, the term ``insured
amount'' means the amount that is the
greater of--
(aa) the standard maximum
deposit insurance amount (as
defined in section 11(a)(1)(E)
of the Federal Deposit
Insurance Act (12 U.S.C.
1821(a)(1)(E))); or
(bb) such higher amount
negotiated between the
Secretary and the Corporation
under which the Corporation
will insure all deposits of
such higher amount.
(iv) Limitations.--The total amount of
funds deposited under the Program in a covered
bank may not exceed the lesser of--
(I) 10 percent of the average
amount of deposits held by such covered
bank in the previous quarter; or
(II) $100,000,000.
(C) Interest.--
(i) In general.--Each eligible custodial
entity designated by the Secretary shall--
(I) collect interest from each
covered bank in which such custodial
entity deposits funds pursuant to
subparagraph (B); and
(II) disburse such interest to the
Secretary each month.
(ii) Interest rate.--The rate of any
interest collected under this subparagraph may
not exceed 50 percent of the discount window
primary credit interest rate most recently
published on the Federal Reserve Statistical
Release on selected interest rates (daily or
weekly), commonly referred to as the H.15
release (commonly known as the ``Federal funds
rate'').
(D) Statements.--Each eligible custodial entity
designated by the Secretary shall submit to the
Secretary monthly statements that include the total
amount of funds deposited with, and interest rate
received from, each covered bank by the eligible
custodial entity on behalf of qualifying entities.
(E) Records.--The Secretary shall issue a quarterly
report to Congress and make publicly available a record
identifying all covered banks participating in the
Program and amounts deposited under the Program in
covered banks.
(4) Requirements relating to deposits.--Deposits made with
covered banks under this subsection may not--
(A) be considered by the Corporation to be funds
obtained, directly or indirectly, by or through any
deposit broker for deposit into 1 or more deposit
accounts (as described under section 29 of the Federal
Deposit Insurance Act (12 U.S.C. 1831f)); or
(B) be subject to insurance fees from the
Corporation that are greater than insurance fees for
typical demand deposits not obtained, directly or
indirectly, by or through any deposit broker (commonly
known as ``core deposits'').
(5) Modifications.--
(A) In general.--The Secretary shall provide a 3-
month period for public notice and comment before
making any material change to the operation of the
Program.
(B) Exception.--The requirements of subparagraph
(A) shall not apply if the Secretary makes a material
change to the Program to comply with safety and
soundness standards or other law.
(6) Termination.--
(A) By covered bank.--A covered bank selected for
participation in the Program pursuant to paragraph (3)
may terminate participation in the Program by providing
the Secretary a notification 60 days prior to
termination.
(B) By secretary.--The Secretary may terminate the
participation of a covered bank in the Program if the
Secretary determines the covered bank--
(i) violated any terms of participation in
the Program;
(ii) failed to comply with Federal bank
secrecy laws, as documented in writing by the
primary regulator of the covered bank;
(iii) failed to remain well capitalized; or
(iv) failed comply with safety and
soundness standards, as documented in writing
by the primary regulator of the covered bank.
(7) Definitions.--In this subsection:
(A) Corporation.--The term ``Corporation'' means
the Federal Deposit Insurance Corporation.
(B) Covered bank.--The term ``covered bank''
means--
(i) a minority depository institution that
is regulated by the Corporation or the National
Credit Union Administration that is well
capitalized (as defined in section 38(b) of the
Federal Deposit Insurance Act (12 U.S.C.
1831o(b))); or
(ii) a depository institution designated
pursuant to section 5 of the Ensuring Diversity
in Community Banking Act of 2020 that is well
capitalized (as defined in section 38(b) of the
Federal Deposit Insurance Act (12 U.S.C.
1831o(b))).
(C) Eligible custodial entity.--The term ``eligible
custodial entity'' means--
(i) an insured depository institution (as
defined in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813)),
(ii) an insured credit union (as defined in
section 101 of the Federal Credit Union Act (12
U.S.C. 1752)), or
(iii) or a well capitalized State-chartered
trust company,
designated by the Secretary under subsection (k)(3)(A).
(D) Federal bank secrecy laws.--The term ``Federal
bank secrecy laws'' means--
(i) section 21 of the Federal Deposit
Insurance Act (12 U.S.C. 1829b);
(ii) section 123 of Public Law 91-508; and
(iii) subchapter II of chapter 53 of title
31, United States Code.
(E) Qualifying account.--The term ``qualifying
account'' means any account established in the
Department of the Treasury that--
(i) is controlled by the Secretary; and
(ii) is expected to maintain a balance
greater than $200,000,000 for the following
calendar month.
(F) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury.
(G) Well capitalized.--The term ``well
capitalized'' has the meaning given in section 38 of
the Federal Deposit Insurance Act (12 U.S.C. 1831o).
(l) Streamlined Community Development Financial Institution
Applications and Reporting.--
(1) Application processes.--Not later than 12 months after
the date of the enactment of this Act and with respect to any
person having assets under $3,000,000,000 that submits an
application for deposit insurance with the Federal Deposit
Insurance Corporation that could also become a community
development financial institution, the Federal Deposit
Insurance Corporation, in consultation with the Administrator
of the Community Development Financial Institutions Fund,
shall--
(A) develop systems and procedures to record
necessary information to allow the Administrator to
conduct preliminary analysis for such person to also
become a community development financial institution;
and
(B) develop procedures to streamline the
application and annual certification processes and to
reduce costs for such person to become, and maintain
certification as, a community development financial
institution that serves low- and moderate-income
neighborhoods (as defined under the Community
Reinvestment Act of 1977 (12 U.S.C. 2901 et seq.)).
(2) Report on implementation.--Not later than 18 months
after the date of the enactment of this Act, the Federal
Deposit Insurance Corporation shall submit to Congress a report
describing the systems and procedures required under paragraph
(1).
(3) Annual report.--
(A) In general.--Section 17(a)(1) of the Federal
Deposit Insurance Act (12 U.S.C. 1827(a)(1)) is
amended--
(i) in subparagraph (E), by striking
``and'' at the end;
(ii) by redesignating subparagraph (F) as
subparagraph (G);
(iii) by inserting after subparagraph (E)
the following new subparagraph:
``(F) applicants for deposit insurance that could
also become a community development financial
institution (as defined in section 103 of the Riegle
Community Development and Regulatory Improvement Act of
1994), a minority depository institution (as defined in
section 308 of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989), or an impact
bank (as designated pursuant to section 5 of the
Ensuring Diversity in Community Banking Act of 2020);
and''.
(B) Application.--The amendment made by this
paragraph shall apply with respect to the first report
to be submitted after the date that is 2 years after
the date of the enactment of this Act.
(m) Task Force on Lending to Small Business Concerns.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Administrator of the Small
Business Administration shall establish a task force to examine
methods for improving relationships between the Small Business
Administration and community development financial
institutions, minority depository institutions, and impact bank
(as designated pursuant to section 5 of the Ensuring Diversity
in Community Banking Act of 2020) to increase the volume of
loans provided by such institutions to small business concerns
(as defined under section 3 of the Small Business Act (15
U.S.C. 632)).
(2) Report to congress.--Not later than 18 months after the
establishment of the task force described in paragraph (1), the
Administrator of the Small Business Administration shall submit
to Congress a report on the findings of such task force.
(n) Assistance to Minority Depository Institutions and Impact
Banks.--The Secretary of the Treasury shall establish a program to
provide assistance to a minority depository institution or an impact
bank (as designated pursuant to section 5 of the Ensuring Diversity in
Community Banking Act of 2020) to support growth and development of
such minority depository institutions and impact banks, including by
providing assistance with obtaining or converting a charter, bylaw
amendments, field-of-membership expansion requests, and online training
and resources.
SEC. 208. LOANS TO MDIS AND CDFIS.
(a) In General.--During the COVID-19 emergency period, the Board of
Governors of the Federal Reserve System shall provide zero-interest
loans to minority depository institutions and community development
financial institutions to help mitigate the economic impact of COVID-19
in low-income, underserved communities.
(b) Asset Limitation.--Subsection (a) shall only apply to minority
depository institutions and community development financial
institutions with less than $1,000,000,000 in assets.
(c) Interest to Resume 18 Months After Pandemic.--Notwithstanding
subsection (a), the Board of Governors shall charge interest on loans
made pursuant to subsection (a) after the end of the 18-month period
beginning at the end of the COVID-19 emergency period, at a rate to be
determined by the Board of Governors based on the interest amount
charged under the discount window lending programs.
(d) COVID-19 Pandemic Defined.--In this section, the term ``COVID-
19 emergency period'' means the period that begins upon the date of the
enactment of this Act and ends upon the date of the termination by the
Federal Emergency Management Administration of the emergency declared
on March 13, 2020, by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 4121 et seq.)
relating to the Coronavirus Disease 2019 (COVID-19) pandemic.
SEC. 209. INSURANCE OF TRANSACTION ACCOUNTS.
(a) Banks and Savings Associations.--
(1) Amendments.--Section 11(a)(1) of the Federal Deposit
Insurance Act (12 U.S.C. 1821(a)(1)) is amended--
(A) in subparagraph (B)--
(i) by striking ``The net amount'' and
inserting the following:
``(i) In general.--Subject to clause (ii),
the net amount''; and
(ii) by adding at the end the following new
clauses:
``(ii) Authorization for insurance for
transaction accounts.--Notwithstanding clause
(i), the Corporation may fully insure the net
amount that any depositor at an insured
depository institution maintains in a
transaction account. Such amount shall not be
taken into account when computing the net
amount due to such depositor under clause (i).
``(iii) Transaction account defined.--For
purposes of this subparagraph, the term
`transaction account' has the meaning given
that term under section 19 of the Federal
Reserve Act (12 U.S.C. 461).''; and
(B) in subparagraph (C), by striking ``subparagraph
(B)'' and inserting ``subparagraph (B)(i)''.
(2) Prospective repeal.--Effective January 1, 2022, section
11(a)(1) of the Federal Deposit Insurance Act (12 U.S.C.
1821(a)(1)), as amended by paragraph (1), is amended--
(A) in subparagraph (B)--
(i) by striking ``deposit.--'' and all that
follows through ``clause (ii), the net amount''
and insert ``deposit.--The net amount''; and
(ii) by striking clauses (ii) and (iii);
and
(B) in subparagraph (C), by striking ``subparagraph
(B)(i)'' and inserting ``subparagraph (B)''.
(b) Credit Unions.--
(1) Amendments.--Section 207(k)(1) of the Federal Credit
Union Act (12 U.S.C. 1787(k)(1)) is amended--
(A) in subparagraph (A)--
(i) by striking ``Subject to the provisions
of paragraph (2), the net amount'' and
inserting the following:
``(i) Net amount of insurance payable.--
Subject to clause (ii) and the provisions of
paragraph (2), the net amount''; and
(ii) by adding at the end the following new
clauses:
``(ii) Authorization for insurance for
transaction accounts.--Notwithstanding clause
(i), the Board may fully insure the net amount
that any member or depositor at an insured
credit union maintains in a transaction
account. Such amount shall not be taken into
account when computing the net amount due to
such member or depositor under clause (i).
``(iii) Transaction account defined.--For
purposes of this subparagraph, the term
`transaction account' has the meaning given
that term under section 19 of the Federal
Reserve Act (12 U.S.C. 461).''; and
(B) in subparagraph (B), by striking ``subparagraph
(A)'' and inserting ``subparagraph (A)(i)''.
(2) Prospective repeal.--Effective January 1, 2022, section
207(k)(1) of the Federal Credit Union Act (12 U.S.C.
1787(k)(1)), as amended by paragraph (1), is amended--
(A) in subparagraph (A)--
(i) by striking ``(i) net amount of
insurance payable.--'' and all that follows
through ``paragraph (2), the net amount'' and
inserting ``Subject to the provisions of
paragraph (2), the net amount''; and
(ii) by striking clauses (ii) and (iii);
and
(B) in subparagraph (B), by striking ``subparagraph
(A)(i)'' and inserting ``subparagraph (A)''.
(c) COVID-19 Emergency Defined.--In this section, the term ``COVID-
19 emergency'' means the period that begins upon the date of the
enactment of this Act and ends upon the date of the termination by the
Federal Emergency Management Agency of the emergency declared on March
13, 2020, by the President under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 4121 et seq.) relating to the
Coronavirus Disease 2019 (COVID-19) pandemic.
TITLE III--SUPPORTING STATE, TERRITORY, AND LOCAL GOVERNMENTS
SEC. 301. MUNI FACILITY.
(a) Amendment to Authority to Buy and Sell Bonds and Notes.--
Section 14(b) of the Federal Reserve Act (12 U.S.C. 355) is amended--
(1) in paragraph (1)--
(A) by inserting ``and during unusual and exigent
circumstances,'' before ``bonds issued''; and
(B) by striking ``of 1933'' and all that follows
through ``assured revenues''; and
(2) by adding at the end the following:
``(3) State defined.--In this section, the term `State'
means each of the several States, any bi-State agency, the
District of Columbia, each territory and possession of
the?United States, and each federally recognized Indian
Tribe.''.
(b) Federal Reserve Authorization to Purchase COVID-19 Related
Municipal Issuances.--
(1) Authority.--Within seven days after the date of
enactment of this subsection, the Federal Reserve Board of
Governors shall establish a facility to buy and sell, at home
or abroad, bills, notes, bonds, and warrants that are issued by
any State or political subdivision thereof between March 1,
2020, and July 1, 2021, in order to fund a public health or
public service response to the COVID-19 pandemic. The Board of
Governors of the Federal Reserve System may extend the
authority under this subsection if the Board determines
necessary.
(2) Required purchases.--The Board of Governors of the
Federal Reserve System shall establish policies and procedures
to require the direct placement of bills, notes, bonds, and
warrants described in paragraph (1) with the Board at an
interest cost that does not exceed the Federal funds rate
target for short-term interbank lending, within seven days
after the date of enactment of this section.
(3) Review of spending.--During the 3-year period beginning
on the date on which all purchases under this section are
completed, relevant Federal authorities shall review such
purchases to determine if funds were diverted from legitimate
public health or public services responses to the COVID-19
pandemic to make such purchase. The relevant Federal
authorities shall take appropriate action based on findings of
such review.
(4) Definitions.--In this subsection:
(A) Public health or public service response to the
covid-19 pandemic.--The term ``public health or public
service response to the COVID-19 pandemic'' means--
(i) the purchase, manufacture, or delivery
of medical equipment, facilities, or services--
(I) to treat or quarantine COVID-19
patients;
(II) to protect first responders
interacting with such patients; or
(III) to test for COVID-19
infections and track social contacts of
patients who have tested positive for
the virus;
(ii) the purchase, manufacture, or delivery
of basic living supports for individuals who
are not COVID-19 patients during periods of
voluntary or mandatory social distancing or
quarantine designed to prevent the spread of
COVID-19; or
(iii) the maintenance and delivery of basic
public services to communities responding to
the public health or economic effects of the
COVID-19 pandemic.
(B) State.--The term ``State'' means each of the
several States, any bi-State agency, the District of
Columbia, each territory and possession of the United
States, and each federally recognized Indian Tribe.
SEC. 302. TEMPORARY WAIVER AND REPROGRAMMING AUTHORITY.
(a) Waiver Authority.--
(1) In general.--With respect to a covered grant awarded to
a State, territory, or local government by a Federal financial
regulator, the Federal financial regulator may, upon request,
waive any matching or cost-sharing requirements with respect to
such grant until January 1, 2023.
(2) Requirements for waiver recipients.--A State,
territory, or local government granted a waiver with respect to
a grant under subsection (a) shall waive any matching or cost-
sharing requirements that such government imposes on sub-
grantees on such grant until January 1, 2023.
(b) Reprogramming Authority.--
(1) In general.--With respect to a covered grant awarded to
a State, territory, or local government by a Federal financial
regulator, the Federal financial regulator may, upon request,
permit the State, territory, or local government to reprogram
awarded grant funds for purposes related to unemployment,
childcare, and healthcare, if the majority of normally funded
activities under such grant are not in areas related to
unemployment, childcare, and healthcare.
(2) Consideration for future grants.--Any grantee (or sub-
grantee) with respect to which a Federal financial regulator
allows to reprogram funds under paragraph (1) shall be given
priority by such Federal financial regulator for future awards
of the type reprogrammed.
(c) Definitions.--In this section:
(1) Covered grants.--The term ``covered award'' means a
grant--
(A) that was awarded to a State, territory, or
local government before the date of enactment of this
Act and under which the State, territory, or local
government may still receive additional grant amounts;
or
(B) with respect to which the period of performance
does not expire before January 1, 2023.
(2) Federal financial regulator.--The term ``Federal
financial regulator'' means the Board of Governors of the
Federal Reserve System, the Bureau of Consumer Financial
Protection, the Department of Housing and Urban Development,
the Department of the Treasury (other than the Internal Revenue
Service), the Federal Deposit Insurance Corporation, the Office
of the Comptroller of the Currency, the National Credit Union
Administration, and the Securities and Exchange Commission.
TITLE IV--PROMOTING FINANCIAL STABILITY AND TRANSPARENT MARKETS
SEC. 401. TEMPORARY HALT TO RULEMAKINGS UNRELATED TO COVID-19.
(a) In General.--Until the end of the 30-day period following the
end of the COVID-19 emergency period, the Federal financial
regulators--
(1) may not adopt or amend any rule, regulation, guidance,
or order unless such rule, regulation, guidance, or order is
directly related to responding to the COVID-19 emergency; and
(2) shall keep open and extend any ongoing public comment
period related to a proposed or final rule, unless such rule is
related to responding to the COVID-19 emergency.
(b) Notice and Sunset of Emergency Actions.--The Federal financial
regulators shall--
(1) provide the Committee on Financial Services of the
House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate with a notice of any regulatory
actions taken during the COVID-19 emergency period, along with
an explanation of how such action was necessary and appropriate
in response to the COVID-19 emergency; and
(2) limit the period of effectiveness of any action taken
in response to the COVID-19 emergency to be not longer than 12-
months following the end of the COVID-19 emergency period.
(c) Voting by Regulators.--Any action taken pursuant to this
section by a Federal financial regulator headed by a multi-person
entity may only be taken by unanimous vote.
(d) Definitions.--In this section:
(1) COVID-19 emergency period.--For purposes of this Act,
the term ``COVID-19 emergency period'' means the period that
begins upon the date of the enactment of this Act and ends upon
the date of the termination by the Federal Emergency Management
Agency of the emergency declared on March 13, 2020, by the
President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 4121 et seq.) relating to
the Coronavirus Disease 2019 (COVID-19) pandemic.
(2) Federal financial regulator.--In this section, the term
``Federal financial regulator'' means the Board of Governors of
the Federal Reserve System, the Bureau of Consumer Financial
Protection, the Department of Housing and Urban Development,
the Department of the Treasury (other than the Internal Revenue
Service), the Federal Deposit Insurance Corporation, the
Federal Housing Finance Agency, the Office of the Comptroller
of the Currency, the National Credit Union Administration, and
the Securities and Exchange Commission.
SEC. 402. TEMPORARY BAN ON STOCK BUYBACKS.
(a) In General.--It shall be unlawful for any issuer, the
securities of which are traded on a national securities exchange, to
purchase securities of the issuer during the period beginning on the
date of enactment of this section and ending 120 days after the end of
the COVID-19 emergency period.
(b) Early Termination.--The Securities and Exchange Commission may
terminate the prohibition under subsection (a) after the end of the
COVID-19 emergency period and before the end of the 120-day period
described under subsection (a), if--
(1) the Commission determines such termination is in the
public interest; and
(2) immediately notifies the Congress and the public of
such determination and the reason for such determination,
including on the website of the Commission.
(c) Enforcement; Rulemaking.--
(1) In general.--The Securities and Exchange Commission
shall have the authority to enforce this Act and may issue such
rules as may be necessary to carry out this Act.
(2) Commission voting.--Any action taken by the Commission
pursuant to this section may only be taken upon a unanimous
vote of the commissioners.
(d) Definitions.--In this section:
(1) COVID-19 emergency period.--The term ``COVID-19
emergency period'' means the period that begins upon the date
of the enactment of this Act and ends upon the date of the
termination by the Federal Emergency Management Agency of the
emergency declared on March 13, 2020, by the President under
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 4121 et seq.) relating to the Coronavirus
Disease 2019 (COVID-19) pandemic.
(2) Other definitions.--The terms ``issuer'', ``national
securities exchange'', and ``security'' have the meaning given
those terms, respectively, under section 3 of the Securities
Exchange Act of 1934.
SEC. 403. DISCLOSURES RELATED TO SUPPLY CHAIN DISRUPTION RISK.
Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m)
is amended by adding at the end the following:
``(s) Disclosures Related to Supply Chain Disruption Risk.--
``(1) In general.--Each issuer required to file an annual
report under subsection (a) shall disclose in that report--
``(A) an identification of--
``(i) the risks in the issuer's sourcing of
goods, labor, services, and other supply chain
related matters, including--
``(I) risks of dependency upon sole
sourcing arrangements or sourcing
concentrated in one geographic
locality;
``(II) shipping risks; and
``(III) risks arising from natural
disasters, pandemics, extreme weather,
armed conflicts, refugee and related
disruptions, trade conflicts or
disruptions, and labor wage, safety,
and health care practices; and
``(ii) the impacts any risk or disruption
identified in clause (i) would have on the
issuer's workforce, suppliers, and customers;
``(B) the issuer's business continuity or other
contingency plans that will be implemented in the case
of a supply chain disruption in order to mitigate such
risks and impacts; and
``(C) all other material information.
``(2) Updates.--Disclosures required under this subsection
shall be updated when there are material changes.''.
SEC. 404. DISCLOSURES RELATED TO GLOBAL PANDEMIC RISK.
(a) In General.--Section 13 of the Securities Exchange Act of 1934
(15 U.S.C. 78m), as amended by section 403, is further amended by
adding at the end the following:
``(t) Disclosures Related to Global Pandemic Risk.--
``(1) In general.--Each issuer required to file current
reports under subsection (a) shall, in the event the World
Health Organization declares a pandemic, file a report with the
Commission containing a description of--
``(A) the risks and exposures to the issuer related
to the pandemic, including risks to health and worker
safety faced by the issuer's employees and independent
contractors;
``(B) the steps the issuer is taking to mitigate
such risks and exposures, including measures to protect
the workforce, including information related to wages,
healthcare, and leave;
``(C) a preliminary view on the effect the pandemic
may have on the issuer's business, solvency, and
workforce; and
``(D) all other material information.
``(2) Updates.--Disclosures required under this subsection
shall be updated when there are material changes.
``(3) Public availability of reports.--The Commission shall
make each report filed to the Commission under paragraph (1)
available to the public, including on the website of the
Commission.''.
(b) Application.--Section 13(t) of the Securities Exchange Act of
1934, as added by subsection (a), shall apply to a pandemic declared by
the World Health Organization that is in existence on the date of
enactment of this Act or that is declared after the date of enactment
of this Act.
SEC. 405. OVERSIGHT OF FEDERAL AID RELATED TO COVID-19.
(a) Congressional COVID-19 Aid Oversight Panel.--
(1) Establishment.--There is hereby established the
Congressional COVID-19 Aid Oversight Panel (hereafter in this
subsection referred to as the ``Oversight Panel'') as an
establishment in the legislative branch.
(2) Duties.--The Oversight Panel shall review the current
state of the financial markets and the regulatory system and
submit regular reports to Congress on the following:
(A) The use of Federal aid provided during the
COVID-19 emergency.
(B) The impact of Federal aid related to COVID-19
on the financial markets and financial institutions.
(3) Membership.--
(A) In general.--The Oversight Panel shall consist
of 5 members, as follows:
(i) 1 member appointed by the Speaker of
the House of Representatives.
(ii) 1 member appointed by the minority
leader of the House of Representatives.
(iii) 1 member appointed by the majority
leader of the Senate.
(iv) 1 member appointed by the minority
leader of the Senate.
(v) 1 member appointed 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.
(B) Pay.--Each member of the Oversight Panel shall
each 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 Commission.
(C) Prohibition of compensation of federal
employees.--Members of the Oversight Panel who are
full-time officers or employees of the United States or
Members of Congress may not receive additional pay,
allowances, or benefits by reason of their service on
the Oversight Panel.
(D) 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.
(E) Quorum.--Four members of the Oversight Panel
shall constitute a quorum but a lesser number may hold
hearings.
(F) Vacancies.--A vacancy on the Oversight Panel
shall be filled in the manner in which the original
appointment was made.
(G) Meetings.--The Oversight Panel shall meet at
the call of the Chairperson or a majority of its
members.
(4) Staff.--
(A) In general.--The Oversight Panel may appoint
and fix the pay of any personnel as the Oversight Panel
considers appropriate.
(B) Experts and consultants.--The Oversight Panel
may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code.
(C) Staff of agencies.--Upon request of the
Oversight Panel, 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
Panel to assist it in carrying out its duties under
this section.
(5) Powers.--
(A) Hearings and sessions.--The Oversight Panel
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 Panel considers
appropriate and may administer oaths or affirmations to
witnesses appearing before it.
(B) Powers of members and agents.--Any member or
agent of the Oversight Panel may, if authorized by the
Oversight Panel, take any action which the Oversight
Panel is authorized to take by this section.
(C) Obtaining official data.--The Oversight Panel
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 Panel, the head of that department or
agency shall furnish that information to the Oversight
Panel.
(D) Reports.--The Oversight Panel shall receive and
consider all reports required to be submitted to the
Oversight Panel under this section.
(6) Authorization of appropriations.--There is authorized
to be appropriated to the Oversight Panel 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.
(7) Sunset.--The Oversight Panel established by this
subsection shall terminate on the date that is two years
following the termination by the Federal Emergency Management
Agency of the emergency declared on March 13, 2020, by the
President under the Robert T. Stafford Disaster Relief and
Emergency Act (42 U.S.C. 4121 et seq.) relating to the
Coronavirus Disease 2019 (COVID-19) pandemic.
(8) Definitions.--In this subsection:
(A) COVID-19 emergency.--The term ``COVID-19
emergency'' means the period that begins upon the date
of the enactment of this Act and ends one year after
the termination by the Federal Emergency Management
Agency of the emergency declared on March 13, 2020, by
the President under the Robert T. Stafford Disaster
Relief and Emergency Act (42 U.S.C. 4121 et seq.)
relating to the Coronavirus Disease 2019 (COVID-19)
pandemic.
(B) Federal aid.--The term ``Federal aid'' means
any emergency lending provided under section 13(3) of
the Federal Reserve Act or any Federal financial
support in the form of a grant, loan, or loan
guarantee.
(b) Special Inspector General Authority Over Federal Aid Related to
COVID-19.--Section 121 of the Emergency Economic Stabilization Act of
2008 (12 U.S.C. 5231) is amended--
(1) in subsection (k)--
(A) in paragraph (1), by striking ``or'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(3) the date on which all Federal aid related to the
COVID-19 emergency is repaid.''; and
(2) by adding at the end the following:
``(l) Responsibility With Respect to Federal Aid Related to COVID-
19.--
``(1) In general.--The Special Inspector General shall have
the same authority and responsibilities with respect to Federal
aid provided during the COVID-19 emergency as the Special
Inspector General has with respect to financial assistance
(including the purchase of troubled assets) provided under this
title.
``(2) Definitions.--In this section:
``(A) COVID-19 emergency.--The term `COVID-19
emergency' means the period that begins upon the date
of the enactment of this Act and ends one year after
the termination by the Federal Emergency Management
Agency of the emergency declared on March 13, 2020, by
the President under the Robert T. Stafford Disaster
Relief and Emergency Act (42 U.S.C. 4121 et seq.)
relating to the Coronavirus Disease 2019 (COVID-19)
pandemic.
``(B) Federal aid.--The term `Federal aid' means
any emergency lending provided under section 13(3) of
the Federal Reserve Act or any Federal financial
support in the form of a grant, loan, or loan
guarantee.''.
SEC. 406. INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) United States Participation in, and Contributions to, the
Nineteenth Replenishment of the Resources of the International
Development Association.-- The International Development Association
Act (22 U.S.C. 284 et seq.) is amended by adding at the end the
following:
``SEC. 31. NINETEENTH REPLENISHMENT.
``(a) 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) 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.''.
(b) United States Participation in, and Contributions to, the
Fifteenth Replenishment of the Resources of the African Development
Fund.--The African Development Fund Act (22 U.S.C. 290g et seq.) is
amended by adding at the end the following:
``SEC. 226. FIFTEENTH REPLENISHMENT.
``(a) The United States Governor of the Fund is authorized to
contribute on behalf of the United States $513,900,000 to the fifteenth
replenishment of the resources of the Fund, subject to obtaining the
necessary appropriations.
``(b) 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.''.
(c) United States Participation in, and Contributions to, the
Seventh Capital Increase for the African Development Bank.-- The
African Development Bank Act (22 U.S.C. 290i et seq.) is amended by
adding at the end the following:
``SEC. 1345. SEVENTH CAPITAL INCREASE.
``(a) Subscription Authorized.--
``(1) 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) 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) Limitations on Authorization of Appropriations.--
``(1) 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) 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.''.
SEC. 407. CONDITIONS ON FEDERAL AID TO CORPORATIONS.
(a) Requirements on All Corporations Until Federal Aid Related to
COVID-19 Is Repaid.--Any corporation that receives Federal aid related
to COVID-19 shall, until the date on which all such Federal aid is
repaid by the corporation to the Federal Government, comply with the
following:
(1) Restrictions on executive bonuses.--The corporation may
not pay a bonus to any executive of the corporation.
(2) Ban on executive golden parachutes.--The corporation
may not pay any type of compensation (whether present,
deferred, or contingent) to an executive of the corporation, if
such compensation is in connection with the termination of
employment of the executive.
(3) Ban on stock buybacks.--The corporation may not
purchase securities of the corporation.
(4) Ban on dividends.--The corporation may not pay
dividends on securities of the corporation.
(5) Ban on federal lobbying.--The corporation may not carry
out any Federal lobbying activities.
(b) Permanent Requirements on Accelerated Filers Receiving Federal
Aid Related to COVID-19.--
(1) In general.--An accelerated filer that receives Federal
aid related to COVID-19 shall permanently comply with the
following:
(A) Worker board representation.--
(i) In general.--At least \1/3\ of the
members of the accelerated filer's directors
are chosen by the employees of the accelerated
filer in a one-employee-one-vote election
process.
(ii) Compliance date.--An accelerated filer
shall comply with the requirements under clause
(i) not later than the end of the 2-year period
beginning on the date of enactment of this Act.
(iii) Definitions.--In this subparagraph--
(I) the term ``director'' has the
meaning given the term in section 3 of
the Securities Exchange Act of 1934 (15
U.S.C. 78c); and
(II) the term ``employee'' has the
meaning given the term in section 2 of
the National Labor Relations Act (29
U.S.C. 152).
(B) Additional disclosures.--If the securities of
the corporation are traded on a national securities
exchange, the corporation shall issue the following
disclosures to the Securities and Exchange Commission
on a quarterly basis (and make such disclosures
available to shareholders of the corporation and the
public):
(i) The political spending disclosures
required under paragraph (2).
(ii) The human capital management
disclosures required under paragraph (3).
(iii) The environmental, social, and
governance disclosures required under paragraph
(4).
(iv) The Federal aid disclosures required
under paragraph (5).
(v) The disclosures of financial
performance on a country-by-country basis
required under paragraph (6).
(2) Political spending disclosures.--
(A) In general.--With respect to an accelerated
filer, the disclosures required under this paragraph
are--
(i) a description of any expenditure for
political activities made during the preceding
quarter;
(ii) the date of each expenditure for
political activities;
(iii) the amount of each expenditure for
political activities;
(iv) if the expenditure for political
activities was made in support of or opposed to
a candidate, the name of the candidate and the
office sought by, and the political party
affiliation of, the candidate;
(v) the name or identity of trade
associations or organizations described in
section 501(c) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a)
of such Code which receive dues or other
payments as described in paragraph
(1)(A)(i)(III);
(vi) a summary of each expenditure for
political activities made during the preceding
year in excess of $10,000, and each expenditure
for political activities for a particular
election if the total amount of such
expenditures for that election is in excess of
$10,000;
(vii) a description of the specific nature
of any expenditure for political activities the
corporation intends to make for the forthcoming
fiscal year, to the extent the specific nature
is known to the corporation; and
(viii) the total amount of expenditures for
political activities intended to be made by the
corporation for the forthcoming fiscal year.
(B) Definitions.--In this paragraph:
(i) Expenditure for political activities.--
The term ``expenditure for political
activities''--
(I) means--
(aa) an independent
expenditure (as defined in
section 301(17) of the Federal
Election Campaign Act of 1971
(52 U.S.C. 30101(17)));
(bb) an electioneering
communication (as defined in
section 304(f)(3) of that Act
(52 U.S.C. 30104(f)(3))) and
any other public communication
(as defined in section 301(22)
of that Act (52 U.S.C.
30101(22))) that would be an
electioneering communication if
it were a broadcast, cable, or
satellite communication; or
(cc) dues or other payments
to trade associations or
organizations described in
section 501(c) of the Internal
Revenue Code of 1986 and exempt
from tax under section 501(a)
of that Code that are, or could
reasonably be anticipated to
be, used or transferred to
another association or
organization for the purposes
described in item (aa) or (bb);
and
(II) does not include--
(aa) direct lobbying
efforts through registered
lobbyists employed or hired by
the corporation;
(bb) communications by a
corporation to its shareholders
and executive or administrative
personnel and their families;
or
(cc) the establishment and
administration of contributions
to a separate segregated fund
to be utilized for political
purposes by a corporation.
(ii) Exception.--The term ``corporation''
does not include an investment company
registered under section 8 of the Investment
Company Act of 1940 (15 U.S.C. 80a-8).
(3) Human capital management disclosures.--With respect to
an accelerated filer, the disclosures required under this
paragraph are the following:
(A) Workforce demographic information, including
the number of full-time employees, the number of part-
time employees, the number of contingent workers
(including temporary and contract workers), and any
policies or practices relating to subcontracting,
outsourcing, and insourcing.
(B) Workforce stability information, including
information about the voluntary turnover or retention
rate, the involuntary turnover rate, the internal
hiring rate, and the internal promotion rate.
(C) Workforce composition, including data on
diversity (including racial and gender composition) and
any policies and audits related to diversity.
(D) Workforce skills and capabilities, including
information about training of employees (including the
average number of hours of training and spending on
training per employee per year), skills gaps, and
alignment of skills and capabilities with business
strategy.
(E) Workforce culture and empowerment, including
information about--
(i) policies and practices of the
corporation relating to freedom of association
and work-life balance initiatives;
(ii) any incidents of verified workplace
harassment in the previous 5 fiscal years of
the corporation;
(iii) policies and practices of the
corporation relating to employee engagement and
psychological wellbeing, including management
discussion regarding--
(I) the creation of an autonomous
work environment;
(II) fostering a sense of purpose
in the workforce;
(III) trust in management; and
(IV) a supportive, fair, and
constructive workplace.
(F) Workforce health and safety, including
information about--
(i) the frequency, severity, and lost time
due to injuries, illness, and fatalities;
(ii) the total dollar value of assessed
fines under the Occupational Safety and Health
Act of 1970;
(iii) the total number of actions brought
under section 13 of the Occupational Safety and
Health Act of 1970 to prevent imminent dangers;
and
(iv) the total number of actions brought
against the corporation under section 11(c) of
the Occupational Safety and Health Act of 1970.
(G) Workforce compensation and incentives,
including information about--
(i) total workforce compensation, including
disaggregated information about compensation
for full-time, part-time, and contingent
workers;
(ii) policies and practices about how
performance, productivity, and sustainability
are considered when setting pay and making
promotion decisions; and
(iii) policies and practices relating to
any incentives and bonuses provided to
employees below the named executive level and
any policies or practices designed to counter
any risks create by such incentives and
bonuses.
(H) Workforce recruiting, including information
about the quality of hire, new hire engagement rate,
and new hire retention rate.
(4) Environmental, social and governance disclosures.--With
respect to an accelerated filer, the disclosures required under
this paragraph are disclosures that satisfy the recommendations
of the Task Force on Climate-related Financial Disclosures of
the Financial Stability Board as reported in June, 2017.
(5) Federal aid disclosures.--With respect to an
accelerated filer, the disclosure required under this paragraph
is a description of how the Federal aid related to COVID-19
received by the corporation is being used to support the
corporation's employees.
(6) Disclosures of financial performance on a country-by-
country basis.--
(A) In general.--With respect to an accelerated
filer, the disclosures required under this paragraph
are the following:
(i) Constituent entity information.--
Information on any constituent entity of the
corporation, including the following:
(I) The complete legal name of the
constituent entity.
(II) The tax jurisdiction, if any,
in which the constituent entity is
resident for tax purposes.
(III) The tax jurisdiction in which
the constituent entity is organized or
incorporated (if different from the tax
jurisdiction of residence).
(IV) The tax identification number,
if any, used for the constituent entity
by the tax administration of the
constituent entity's tax jurisdiction
of residence.
(V) The main business activity or
activities of the constituent entity.
(ii) Tax jurisdiction.--Information on each
tax jurisdiction in which one or more
constituent entities is resident, presented as
an aggregated or consolidated form of the
information for the constituent entities
resident in each tax jurisdiction, including
the following:
(I) Revenues generated from
transactions with other constituent
entities.
(II) Revenues not generated from
transactions with other constituent
entities.
(III) Profit or loss before income
tax.
(IV) Total income tax paid on a
cash basis to all tax jurisdictions.
(V) Total accrued tax expense
recorded on taxable profits or losses.
(VI) Stated capital.
(VII) Total accumulated earnings.
(VIII) Total number of employees on
a full-time equivalent basis.
(IX) Net book value of tangible
assets, which, for purposes of this
section, does not include cash or cash
equivalents, intangibles, or financial
assets.
(iii) Special rules.--The information
listed in clause (ii) shall be provided, in
aggregated or consolidated form, for any
constituent entity or entities that have no tax
jurisdiction of residence. In addition, if a
constituent entity is an owner of a constituent
entity that does not have a jurisdiction of tax
residence, then the owner's share of such
entity's revenues and profits will be
aggregated or consolidated with the information
for the owner's tax jurisdiction of residence.
(B) Definitions.--In this paragraph--
(i) the term ``constituent entity'' means,
with respect to an accelerated filer, any
separate business entity of the accelerated
filer;
(ii) the term ``tax jurisdiction''--
(I) means a country or a
jurisdiction that is not a country but
that has fiscal autonomy; and
(II) includes a territory or
possession of the United States that
has fiscal autonomy.
(c) Permanent Requirements on All Corporations Receiving Federal
Aid Related to COVID-19.--Any corporation that receives Federal aid
related to COVID-19 shall permanently comply with the following:
(1) Paid leave for workers.--The corporation shall provide
at least 14 days of paid leave to workers (employees and
contractors, full-time and part-time) who--
(A) are unable to telework;
(B) need to be isolated or quarantined to prevent
the spread of COVID-19; or
(C) need time off to care for the needs of family
members.
(2) Minimum wage.--The corporation shall pay each employee
(full-time and part-time) of the corporation a wage of not less
than $15 an hour, beginning not later than January 1, 2021.
(3) Limitation on ceo and executive pay.--The corporation
may not have a CEO to median worker pay ratio of greater than
50 to 1 and no officer or employee of the corporation may
received higher compensation than the chief executive officer
(or any equivalent position).
(d) Requirements on All Corporations Receiving Federal Aid Related
to COVID-19 Until the End of the Emergency.--Any corporation that
receives Federal aid related to COVID-19 shall, until the COVID-19
emergency ends, comply with the following:
(1) Workforce levels and benefits.--The corporation shall
maintain at least the same workforce levels and benefits that
existed before the COVID-19 emergency.
(2) Maintenance of worker pay.--The corporation shall
maintain worker (employee or contractor, full-time and part-
time) pay throughout the entire duration of the COVID-19
emergency at or above the pay level the worker was earning
before the emergency.
(3) Maintenance of collective bargaining agreements.--The
corporation may not alter any collective bargaining agreement
that was in place at the beginning of the COVID-19 emergency.
(e) Enforcement; Rulemaking.--The Securities and Exchange
Commission and the Secretary of the Treasury shall have the authority
to enforce this section and may issue such rules as may be necessary to
carry out this section.
(f) Definitions.--In this section:
(1) Accelerated filer.--The Securities and Exchange
Commission shall define the term ``accelerated filer'' for
purposes of this section.
(2) CEO to median worker pay ratio.--With respect to an
accelerated filer, the term ``CEO to median worker pay ratio''
means the ratio of--
(A) the annual total compensation of the chief
executive officer (or any equivalent position) of the
corporation; and
(B) the median of the annual total compensation of
all employees of the corporation, except the chief
executive officer (or any equivalent position) of the
corporation.
(3) COVID-19 emergency.--The term ``COVID-19 emergency''
means the period that begins upon the date of the enactment of
this Act and ends upon the termination by the Federal Emergency
Management Agency of the emergency declared on March 13, 2020,
by the President under the Robert T. Stafford Disaster Relief
and Emergency Act (42 U.S.C. 4121 et seq.) relating to the
Coronavirus Disease 2019 (COVID-19).
(4) Federal aid.--The term ``Federal aid'' means any
emergency lending provided under section 13(3) of the Federal
Reserve Act or any Federal financial support in the form of a
grant, loan, or loan guarantee.
(5) S corporation.--The term ``S corporation'' has the
meaning given that term under section 1361(a) of the Internal
Revenue Code of 1986.
(6) Securities terms.--The terms ``national securities
exchange'' and ``security'' have the meaning given those terms,
respectively, under section 3 of the Securities Exchange Act of
1934.
SEC. 408. AUTHORITY FOR WARRANTS AND DEBT INSTRUMENTS.
(a) Definitions.--In this section:
(1) Asset.--The term ``asset'' means any financial
instrument that the Secretary, after consultation with the
Chairman of the Board of Governors of the Federal Reserve
System, determines the purchase of which or the guarantee of
which is necessary to promote economic stability.
(2) Company.--The term ``company'' means any entity that is
not subject to the prohibitions in subsection (e).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(b) Warrant or Senior Debt Instrument.--The Secretary may not
purchase, or make any commitment to purchase, or guarantee, or make any
commitment to guarantee, any asset in response to the coronavirus
disease (COVID-19) outbreak, unless the Secretary receives from the
company from which such assets are to be purchased or are to be
guaranteed--
(1) in the case of a company, the securities of which are
traded on a national securities exchange, a warrant giving the
right to the Secretary to receive senior preferred voting
stock; or
(2) in the case of any company other than one described in
paragraph (1), a warrant for senior preferred voting stock, or
a senior debt instrument from such company.
(c) Terms and Conditions.--The terms and conditions of any warrant
or senior debt instrument required under subsection (b) shall meet the
following requirements:
(1) Purposes.--Such terms and conditions shall, at a
minimum, be designed--
(A) to provide for reasonable participation by the
Secretary, for the benefit of taxpayers, in equity
appreciation in the case of a warrant or other equity
security, or a reasonable interest rate premium, in the
case of a debt instrument; and
(B) to provide additional protection for the
taxpayer against losses from sale of assets by the
Secretary and any associated administrative expenses.
(2) Terms of senior preferred voting stock.--With respect
to senior preferred voting stock received from a company, the
Secretary shall--
(A) have the right to vote on matters brought
before the stockholders generally; and
(B) control a percentage of votes equal to the
percentage of the total value of the company the
government's share will represent after the investment.
(3) Authority to sell, exercise, or surrender.--
(A) In general.--For the primary benefit of
taxpayers, the Secretary may sell, exercise, or
surrender a warrant or any senior debt instrument
received under this section, based on the conditions
established under paragraph (1).
(B) Proceeds.--Of any proceeds received through the
sale, exercise, or surrender of any warrant or any
senior debt instrument--
(i) 65 percent shall be transferred or
credited to the Housing Trust Fund established
under section 1338 of the Federal Housing
Enterprises Financial Safety and Soundness Act
of 1992 (12 U.S.C. 4568); and
(ii) 35 percent shall be transferred or
credited to the Capital Magnet Fund under
section 1339 of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 (12
U.S.C. 4569).
(4) Conversion.--The warrant shall provide that if, after
the warrant is received by the Secretary under this section,
the company that issued the warrant is no longer listed or
traded on a national securities exchange or securities
association, as described in subsection (b)(1), the Secretary
will have an option to convert the warrants to senior debt to
ensure that the Treasury is appropriately compensated for the
value of the warrant, in an amount determined by the Secretary
for the primary benefit of taxpayers.
(5) Protections.--Any warrant representing securities to be
received by the Secretary under this section shall contain
anti-dilution provisions of the type employed in capital market
transactions, as determined by the Secretary for the primary
benefit of taxpayers. Such provisions shall protect the value
of the securities from market transactions such as stock
splits, stock distributions, dividends, and other
distributions, mergers, and other forms of reorganization or
recapitalization.
(6) Exercise price.--The exercise price for any warrant
issued pursuant to this section shall be set by the Secretary,
for the primary benefit of taxpayers.
(7) Sufficiency.--The company shall guarantee to the
Secretary that it has authorized shares of stock available to
fulfill its obligations under this section. Should the company
not have sufficient authorized shares, including preferred
shares that may carry dividend rights equal to a multiple
number of common shares, the Secretary may, to the extent
necessary for the primary benefit of taxpayers, accept a senior
debt note in an amount, and on such terms as will compensate
the Secretary with equivalent value, in the event that a
sufficient shareholder vote to authorize the necessary
additional shares cannot be obtained.
(d) Exceptions.--The Secretary may establish an exception to the
requirements of this section and appropriate alternative requirements
for any participating company that is legally prohibited from issuing
securities and debt instruments, so as not to allow circumvention of
the requirements of this section.
(e) Prohibitions of Foreign Companies.--
(1) In general.--The Secretary may not purchase, or make
any commitment to purchase, or guarantee, or make any
commitment to guarantee, any asset in response to the
coronavirus disease (COVID-19) outbreak from--
(A) any foreign incorporated entity that the
Secretary has determined is an inverted domestic
corporation or any subsidiary of such entity; or
(B) any joint venture if more than 10 percent of
the joint venture (by vote or value) is held by a
foreign incorporated entity that the Secretary has
determined is an inverted domestic corporation or any
subsidiary of such entity.
(2) Inverted domestic corporation.--
(A) In general.--For purposes of this subsection, a
foreign incorporated entity shall be treated as an
inverted domestic corporation if, pursuant to a plan
(or a series of related transactions)--
(i) the entity completes on or after May 8,
2014, the direct or indirect acquisition of--
(I) substantially all of the
properties held directly or indirectly
by a domestic corporation; or
(II) substantially all of the
assets of, or substantially all of the
properties constituting a trade or
business of, a domestic partnership;
and
(ii) after the acquisition, either--
(I) more than 50 percent of the
stock (by vote or value) of the entity
is held--
(aa) in the case of an
acquisition with respect to a
domestic corporation, by former
shareholders of the domestic
corporation by reason of
holding stock in the domestic
corporation; or
(bb) in the case of an
acquisition with respect to a
domestic partnership, by former
partners of the domestic
partnership by reason of
holding a capital or profits
interest in the domestic
partnership; or
(II) the management and control of
the expanded affiliated group which
includes the entity occurs, directly or
indirectly, primarily within the United
States, as determined pursuant to
regulations prescribed by the
Secretary, and such expanded affiliated
group has significant domestic business
activities.
(B) Exception for corporations with substantial
business activities in foreign country of
organization.--
(i) In general.--A foreign incorporated
entity described in subparagraph (A) shall not
be treated as an inverted domestic corporation
if after the acquisition the expanded
affiliated group which includes the entity has
substantial business activities in the foreign
country in which or under the law of which the
entity is created or organized when compared to
the total business activities of such expanded
affiliated group.
(ii) Substantial business activities.--The
Secretary shall establish regulations for
determining whether an affiliated group has
substantial business activities for purposes of
clause (i), except that such regulations may
not treat any group as having substantial
business activities if such group would not be
considered to have substantial business
activities under the regulations prescribed
under section 7874 of the Internal Revenue Code
of 1986, as in effect on January 18, 2017.
(C) Significant domestic business activities.--
(i) In general.--For purposes of
subparagraph (A)(ii)(II), an expanded
affiliated group has significant domestic
business activities if at least 25 percent of--
(I) the employees of the group are
based in the United States;
(II) the employee compensation
incurred by the group is incurred with
respect to employees based in the
United States;
(III) the assets of the group are
located in the United States; or
(IV) the income of the group is
derived in the United States.
(ii) Determination.--Determinations
pursuant to clause (i) shall be made in the
same manner as such determinations are made for
purposes of determining substantial business
activities under regulations referred to in
subparagraph (B) as in effect on January 18,
2017, but applied by treating all references in
such regulations to ``foreign country'' and
``relevant foreign country'' as references to
``the United States''. The Secretary may issue
regulations decreasing the threshold percent in
any of the tests under such regulations for
determining if business activities constitute
significant domestic business activities for
purposes of this subparagraph.
(3) Waiver.--
(A) In general.--The Secretary may waive paragraph
(1) if the Secretary determines that the waiver is--
(i) required in the interest of national
security; or
(ii) necessary for the efficient or
effective administration of Federal or
federally funded--
(I) programs that provide health
benefits to individuals; or
(II) public health programs.
(B) Report to congress.--The Secretary shall, not
later than 14 days after issuing such waiver, submit a
written notification of the waiver to the relevant
authorizing committees of Congress and the Committees
on Appropriations of the Senate and the House of
Representatives.
(4) Definitions and special rules.--
(A) Definitions.--In this subsection, the terms
``expanded affiliated group'', ``foreign incorporated
entity'', ``domestic'', and ``foreign'' have the
meaning given those terms in section 835(c) of the
Homeland Security Act of 2002 (6 U.S.C. 395(c)).
(B) Special rules.--In applying paragraph (2) of
this subsection for purposes of paragraph (1) of this
subsection, the rules described under 835(c)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 395(c)(1))
shall apply.
(5) Regulations regarding management and control.--
(A) In general.--The Secretary shall, for purposes
of this subsection, prescribe regulations for purposes
of determining cases in which the management and
control of an expanded affiliated group is to be
treated as occurring, directly or indirectly, primarily
within the United States. The regulations prescribed
under the preceding sentence shall apply to periods
after May 8, 2014.
(B) Executive officers and senior management.--The
regulations prescribed under subparagraph (A) shall
provide that the management and control of an expanded
affiliated group shall be treated as occurring,
directly or indirectly, primarily within the United
States if substantially all of the executive officers
and senior management of the expanded affiliated group
who exercise day-to-day responsibility for making
decisions involving strategic, financial, and
operational policies of the expanded affiliated group
are based or primarily located within the United
States. Individuals who in fact exercise such day-to-
day responsibilities shall be treated as executive
officers and senior management regardless of their
title.
(f) Preemption.--Any State or Federal laws that prohibit the
transactions authorized by this statute, including state or federal
laws that prohibit company directors from agreeing to the transactions
authorized by this statute, are preempted and superseded by this
statute.
SEC. 409. AUTHORIZATION TO PARTICIPATE IN THE NEW ARRANGEMENTS TO
BORROW OF THE INTERNATIONAL MONETARY FUND.
Section 17 of the Bretton Woods Agreements Act (22 U.S.C. 286e-2)
is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6) and inserting after
paragraph (2) the following:
``(3) In order to carry out the purposes of a one-time
decision of the Executive Directors of the International
Monetary Fund (the Fund) to expand the resources of the New
Arrangements to Borrow, established pursuant to the decision of
January 27, 1997 referred to in paragraph (1) above, 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 shall report
to Congress on 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.''; and
(B) in paragraph (6) (as so redesignated by
subparagraph (A) of this paragraph), by striking
``December 16, 2022'' and inserting ``December 31,
2025''; and
(2) in subsection (e)(1), by inserting ``(a)(3),'' after
``(a)(2),''.
SEC. 410. [RESERVED].
[Reserved]
SEC. 411. [RESERVED].
[Reserved]
SEC. 412. INTERNATIONAL FINANCE CORPORATION.
The International Finance Corporation Act (22 U.S.C. 282 et seq.)
is amended by adding at the end the following:
``SEC. 18. CAPITAL INCREASES AND AMENDMENT TO THE ARTICLES OF
AGREEMENT.
``(a) Votes Authorized.--The United States Governor of the
Corporation is authorized to vote in favor of--
``(1) a resolution to increase the authorized capital stock
of the Corporation by 16,999,998 shares, to implement the
conversion of a portion of the retained earnings of the
Corporation into paid-in capital, which will result in the
United States being issued an additional 3,771,899 shares of
capital stock, without any cash contribution;
``(2) a resolution to increase the authorized capital stock
of the Corporation on a general basis by 4,579,995 shares; and
``(3) a resolution to increase the authorized capital stock
of the Corporation on a selective basis by 919,998 shares.
``(b) Amendment of the Articles of Agreement.--The United States
Governor of the Corporation is authorized to agree to and accept an
amendment to Article II, Section 2(c)(ii) of the Articles of Agreement
of the Corporation that would increase the vote by which the Board of
Governors of the Corporation may increase the capital stock of the
Corporation from a four-fifths majority to an 85 percent majority.''.
SEC. 413. OVERSIGHT AND REPORTS.
(a) Oversight.--
(1) SIGTARP.--As provided for under section 405 of this
division, the Special Inspector General for the Troubled Asset
Relief Program (SIGTARP) shall have oversight of the
Secretary's administration of the loans, loan guarantees, and
other investments provided under section 101 of division Y, the
use of the funds by eligible businesses, and compliance with
the requirements of section 407.
(2) Oversight panel.--As provided for under section 405 of
this division, the Congressional COVID-19 Aid Oversight Panel
shall have oversight of the Secretary's administration of the
loans, loan guarantees, and other investments provided under
section 101 of division Y, the use of the funds by eligible
businesses, and compliance with the requirements of section
407.
(b) Secretary.--The Secretary shall, with respect to the loans,
loan guarantees, and other investments provided under section 101 of
division Y, make such reports as are required under section 5302 of
title 31, United States Code.
(c) Government Accountability Office.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on the loans and loan guarantees provided
under section 101 of division Y.
(2) Report.--Not later than 9 months after the date of
enactment of this Act, and annually thereafter through the year
succeeding the last year for which loans or loan guarantees
provided under section 101 of division Y are in effect, the
Comptroller General shall submit to the Committee on Financial
Services, 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
Appropriations, and the Committee on the Budget of the Senate a
report on the loans and loan guarantees provided under section
101 of division Y.
(d) Diversity Report.--The Congressional COVID-19 Aid Oversight
Panel, in conjunction with the SIGTARP, shall collect diversity data
from any corporation that receives Federal aid related to COVID-19, and
issue a report that will be made publicly available no later than one
year after the disbursement of funds. In addition to any other data,
the report shall include the following:
(1) Employee demographics.--The gender, race, and ethnic
identity (and to the extent possible, results disaggregated by
ethnic group) of the corporation's employees, as otherwise
known or provided voluntarily for the total number of employees
(full- and part-time) and the career level of employees
(executive and manager versus employees in other roles).
(2) Supplier diversity.--The number and dollar value
invested with minority- and women-owned suppliers (and to the
extent possible, results disaggregated by ethnic group),
including professional services (legal and consulting) and
asset managers, and deposits and other accounts with minority
depository institutions, as compared to all vendor investments.
(3) Pay equity.--A comparison of pay amongst racial and
ethnic minorities (and to the extent possible, results
disaggregated by ethnic group) as compared to their white
counterparts and comparison of pay between men and women for
similar roles and assignments.
(4) Corporate board diversity.--Corporate board demographic
data, including total number of board members, gender, race and
ethnic identity of board members (and to the extent possible,
results disaggregated by ethnic group), as otherwise known or
provided voluntarily, board position titles, as well as any
leadership and subcommittee assignments.
(5) Diversity and inclusion offices.--The reporting
structure of lead diversity officials, number of staff and
budget dedicated to diversity and inclusion initiatives.
(e) Diversity and Inclusion Initiatives.--Any corporation that
receives Federal aid related to COVID-19 must maintain officials and
budget dedicated to diversity and inclusion initiatives for no less
than 5 years after disbursement of funds.
TITLE V--PANDEMIC PLANNING AND GUIDANCE FOR CONSUMERS AND REGULATORS
SEC. 501. FINANCIAL LITERACY EDUCATION COMMISSION EMERGENCY RESPONSE.
(a) Purpose.--The purpose of this section is to provide financial
literacy education, including information on access to banking services
and other financial products, for individuals seeking information and
resources as they recover from any financial distress caused by the
coronavirus disease (COVID-19) outbreak and future major disasters.
(b) Financial Literacy and Education Commission Response to the
COVID-19 Emergency.--
(1) Special meeting.--Not later than the end of the 60-day
period beginning on the date of enactment of this section, the
Financial Literacy and Education Commission (the
``Commission'') shall convene a special meeting to discuss and
plan assistance related to the financial impacts of the COVID-
19 emergency.
(2) Update of the commission's website.--
(A) In general.--Not later than the end of the 60-
day period beginning on the date of enactment of this
section, the Commission shall update the website of the
Commission with a full list of tools to help
individuals recover from any financial hardship as a
result of the COVID-19 emergency.
(B) Specific requirements.--In performing the
update required under subparagraph (A), the Commission
shall--
(i) place special emphasis on providing an
additional set of tools geared towards women,
racial and ethnic minorities, veterans,
disabled, and LGBTQ+ communities; and
(ii) provide information in English and
Spanish.
(C) Information from members.--Not later than the
end of the 60-day period beginning on the date of
enactment of this section, each Federal department or
agency that is a member of the Commission shall provide
an update on the website of the Commission disclosing
any tools that the department or agency is offering to
individuals or to employees of the department or agency
related to the COVID-19 emergency.
(3) Implementation report to congress.--The Secretary of
the Treasury and the Director of the Bureau of Consumer
Financial Protection shall, jointly and not later than the end
of the 30-day period following the date on which the meeting
required under paragraph (1) is held and all updates required
under paragraph (2) have been completed, report to Congress on
the implementation of this section.
(4) COVID-19 emergency defined.--In this subsection, the
term ``COVID-19 emergency'' means the emergency declared on
March 13, 2020, by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 4121 et
seq.) relating to the Coronavirus Disease 2019 (COVID-19)
pandemic.
SEC. 502. INTERAGENCY PANDEMIC GUIDANCE FOR CONSUMERS.
(a) Interagency Pandemic Guidance.--
(1) Guidance.--Not later than the end of the 60-day period
beginning on the date of enactment of this section, the Federal
financial regulators shall issue interagency regulatory
guidance on preparedness, flexibility, and relief options for
consumers in pandemics and major disasters, such as deferment,
forbearance, affordable payment plan options, and other options
such as delays on debt collections and wage garnishments.
(2) Updates.--The Federal financial regulators shall update
the guidance required under paragraph (1) as necessary to keep
such guidance current.
(b) Pandemic Preparedness Testing.--
(1) In general.--Not later than the end of the 2-year
period beginning on the date of enactment of this section, and
every 5 years thereafter, the Federal financial regulators
shall carry out testing along with the institutions regulated
by the Federal financial regulators to determine how
effectively such institutions will be able to respond to a
pandemic or major disaster.
(2) Report.--After the end of each test required under
paragraph (1), the Federal financial regulators shall, jointly,
issue a report to Congress containing the results of such test
and any regulatory or legislative recommendations the
regulators may have to increase pandemic preparedness.
(c) Definitions.--In this section:
(1) Federal financial regulators.--The term ``Federal
financial regulators'' means the Board of Governors of the
Federal Reserve System, the Bureau of Consumer Financial
Protection, the Comptroller of the Currency, the Director of
the Federal Housing Finance Agency, the Federal Deposit
Insurance Corporation, the National Credit Union
Administration, the Secretary of Agriculture, and the Secretary
of Housing and Urban Development.
(2) Major disaster.--The term ``major disaster'' means a
major disaster declared by the President under section 401 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170), under which assistance is authorized
under section 408 of such Act (42 U.S.C. 5174), or section 501
of such Act (42 U.S.C. 5191).
SEC. 503. SEC PANDEMIC GUIDANCE FOR INVESTORS.
(a) Pandemic Guidance.--
(1) Guidance.--Not later than the end of the 60-day period
beginning on the date of enactment of this section, the
Securities and Exchange Commission shall issue regulatory
guidance on preparedness, flexibility, relief, and investor
protection for investors in pandemics and major disasters,
including relevant disclosures.
(2) Updates.--The Commission shall update the guidance
required under paragraph (1) as necessary to keep such guidance
current.
(b) Pandemic Preparedness Testing.--
(1) In general.--Not later than the end of the 60-day
period beginning on the date of enactment of this Act, and
every 5 years thereafter, the Securities and Exchange
Commission shall carry out testing along with the entities
regulated by the Commission to determine how effectively such
entities will be able to respond to a pandemic or major
disaster.
(2) Report.--After the end of each test required under
paragraph (1), the Commission shall issue a report to Congress
containing the results of such test and any regulatory or
legislative recommendations the Commission may have to increase
pandemic preparedness.
(c) Major Disaster Defined.--In this section, the term ``major
disaster'' means a major disaster declared by the President under
section 401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170), under which assistance is authorized
under section 408 of such Act (42 U.S.C. 5174), or section 501 of such
Act (42 U.S.C. 5191).
SEC. 504. UPDATES OF THE PANDEMIC INFLUENZA PLAN AND NATIONAL PLANNING
FRAMEWORKS.
(a) In General.--Not later than one year following the end of the
Declaration of the National Emergency, the President shall ensure that
the Pandemic Influenza Plan (2017 Update) and the National Planning
Frameworks are updated. The Secretary of the Treasury, in consultation
with the Federal financial regulators, shall provide to the President
the following:
(1) An assessment of the effectiveness of current plans and
strategies to address the economic, financial, and monetary
issues arising from a pandemic or other disaster.
(2) A description of the most significant challenges to
protecting the economy, the financial system, and consumers,
during a pandemic or other disaster, including the specific
challenges experienced by women, racial and ethnic minorities,
diverse-owned businesses, veterans, and the disabled.
(3) Actions that could be carried out in a crisis, as
defined by the preparedness plans described in subsection (a),
such as the following:
(A) Significant increases of unemployment insurance
benefits (including payment amounts) for all workers
under a certain income threshold, including freelancers
and the self-employed, during the crisis.
(B) Loan deference, modification, and forbearance
mechanisms of all consumer and business payments,
allowing long-term repayment plans and excluding no
industries, during the crisis.
(C) Suspension of foreclosure and eviction
proceedings taken against individuals or businesses
during the crisis.
(D) Suspension of all negative consumer credit
reporting during the crisis.
(E) Prohibition of debt collection, repossession,
and garnishment of wages during the crisis.
(F) Provision of emergency homeless assistance
during the crisis.
(G) An increase in Community Development Block
Grants during the crisis and to improve community
response.
(H) Reduction of hurdles in the form of waivers and
authorities to modify existing housing and homelessness
programs to facilitate response to the crisis.
(I) Expand the size standards for eligible
businesses with access no-interest or low-interest
loans through the Small Business Administration during
the crisis.
(J) Remove the size standard limits on eligible
businesses with access no-interest or low-interest
loans through the Small Business Administration during
the crisis for businesses that agree to maintain their
employment workforce and preserve benefits during the
crisis.
(K) Support for additional no-interest or low-
interest loans for small businesses through the Small
Business Administration during the crisis.
(L) Utilization of the Community Development
Financial Institutions (CDFI) Fund to support small
businesses as well as low-income communities during the
crisis.
(M) Support for State, territory, and local
government financing during the crisis.
(N) Waiver of matching requirements for municipal
governments during the crisis.
(O) Suspension of requirements relating to minimum
distributions for retirement plans and individual
retirement accounts for the calendar years of which the
crisis is occurring.
(b) Special Consideration for Diversity.--In issuing the updates
required under subsection (a), the President shall ensure that
consideration is given as to how to minimize the economic impacts of a
crisis on women, minorities, diverse-owned businesses, veterans, and
the disabled.
(c) Making Plans Public.--The updated plans described in subsection
(a) shall be made publicly available, but may have classified
information redacted.
(d) Definitions.--In this section:
(1) Declaration of the national emergency.--The term
``Declaration of the National Emergency'' means the emergency
declared by the President under section 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5191) relating to the COVID-19 pandemic.
(2) Federal financial regulator.--The term ``Federal
financial regulators'' means the Bureau of Consumer Financial
Protection, the Federal Deposit Insurance Corporation, the
Federal Housing Finance Agency, the Board of Governors of the
Federal Reserve System, the Office of the Comptroller of the
Currency, the National Credit Union Administration, and the
Securities and Exchange Commission.
DIVISION J--EDUCATION RELIEF AND OTHER PROGRAMS
TITLE I--EDUCATION PROVISIONS
SEC. 100101. SHORT TITLE.
This title may be cited as the ``COVID-19 Pandemic Education Relief
Act of 2020''.
SEC. 100102. DEFINITIONS.
In this title:
(1) Coronavirus.--The term ``coronavirus'' has the meaning
given that term in section 506 of the Coronavirus Preparedness
and Response Supplemental Appropriations Act, 2020 (Public Law
116-123).
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(3) 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.).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(5) 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)).
SEC. 100103. 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) of such Act 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. 100104. 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--
(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. 100105. FEDERAL WORK-STUDY DURING A QUALIFYING EMERGENCY.
(a) In General.--In the event of a qualifying emergency, an
institution of higher education participating in the program under part
C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087-51 et
seq.) may make payments under such part to affected work-study
students, for the period of time (not to exceed one academic year) in
which affected students were unable to fulfill the students' work-study
obligation for all or part of such academic year due to such qualifying
emergency, as follows:
(1) Payments may be made under such part to affected work-
study students in an amount equal to or less than the amount of
wages such students would have been paid under such part had
the students been able to complete the work obligation
necessary to receive work study funds, as a one time grant or
as multiple payments.
(2) Payments shall not be made to any student who was not
eligible for work study or was not completing the work
obligation necessary to receive work study funds under such
part prior to the occurrence of the qualifying emergency.
(3) Any payments made to affected work-study students under
this subsection shall meet the matching requirements of section
443 of the Higher Education Act of 1965 (20 U.S.C. 1087-53),
unless such matching requirements are waived by the Secretary.
(b) Definition of Affected Work-Study Student.--In this section,
the term ``affected work-study student'' means a student enrolled at an
eligible institution participating in the program under part C of title
IV of the Higher Education Act of 1965 (20 U.S.C. 1087-51 et seq.)
who--
(1) received a work-study award under section 443 of the
Higher Education Act of 1965 (20 U.S.C. 1087-53) for the
academic year during which a qualifying emergency occurred;
(2) earned Federal work-study wages from such eligible
institution for such academic year; and
(3) was prevented from fulfilling the student's work-study
obligation for all or part of such academic year due to such
qualifying emergency.
SEC. 100106. 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. 100107. 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. 100108. INSTITUTIONAL REFUNDS AND FEDERAL STUDENT LOAN
FLEXIBILITY.
(a) Institutional Waiver.--
(1) In general.--The Secretary shall waive the
institutional requirement under section 484B of the Higher
Education Act of 1965 (20 U.S.C. 1091b) with respect to the
amount of grant or loan assistance (other than assistance
received under part C of title IV of such Act) to be returned
under such section if a recipient of assistance under title IV
of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.)
withdraws from the institution of higher education during the
payment period or period of enrollment as a result of a
qualifying emergency.
(2) Waivers.--The Secretary shall require each institution
using a waiver relating to the withdrawal of recipients under
this subsection to report the number of such recipients, the
amount of grant or loan assistance (other than assistance
received under part C of title IV of such Act) associated with
each such recipient, and the total amount of grant or loan
assistance (other than assistance received under part C of
title IV of such Act) for which each institution has not
returned assistance under title IV to the Secretary.
(b) Student Waiver.--The Secretary shall waive the amounts that
students are required to return under section 484B of the Higher
Education Act of 1965 (20 U.S.C. 1091b) with respect to Federal Pell
Grants or other grant assistance if the withdrawals on which the
returns are based are withdrawals by students who withdrew from the
institution of higher education as a result of a qualifying emergency.
(c) Canceling Loan Obligation.--Notwithstanding any other provision
of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the
Secretary shall cancel the borrower's obligation to repay the entire
portion of a loan made under part D of title IV of such Act (20 U.S.C.
1087a et seq.) associated with a payment period for a recipient of such
loan who withdraws from the institution of higher education during the
payment period as a result of a qualifying emergency.
(d) Approved Leave of Absence.--Notwithstanding any other provision
of the Higher Education Act of 1965 (20 U.S.C. 1001 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. 100109. 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. 100110. CONTINUING EDUCATION AT AFFECTED FOREIGN INSTITUTIONS.
(a) In General.--Notwithstanding section 481(b) of the Higher
Education Act of 1965 (20 U.S.C. 1088(b)), with respect to a foreign
institution, in the case of a public health emergency, major disaster
or emergency, or national emergency declared by the applicable
government authorities in the country in which the foreign institution
is located, the Secretary may permit any part of an otherwise eligible
program to be offered via distance education for the duration of such
emergency or disaster and the following payment period for purposes of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
(b) Eligibility.--An otherwise eligible program that is offered in
whole or in part through distance education by a foreign institution
between March 1, 2020, and the date of enactment of this Act shall be
deemed eligible for the purposes of part D of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087a et seq.) for the duration of the
emergency or disaster affecting the institution as described in
subsection (a) and the following payment period for purposes of title
IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). An
institution of higher education that uses the authority provided in the
previous sentence shall report such use to the Secretary--
(1) for the 2019-2020 award year, not later than June 30,
2020; and
(2) for an award year subsequent to the 2019-2020 award
year, not later than 30 days after such use.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, and every 180 days thereafter for the duration of the
applicable disaster or 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), 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 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 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 duration of such emergency or disaster
and the following payment period, 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
paragraph (1) 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 paragraph (1) with an institution of
higher education described in section 101 or section
102 of such Act (20 U.S.C. 1001 and 1002).
(3) Report on use.--An institution of higher education that
uses the authority described in paragraph (2) shall report such
use to the Secretary--
(A) for the 2019-2020 award year, not later than
June 30, 2020; and
(B) for an award year subsequent to the 2019-2020
award year, not later than 30 days after such use.
(4) Report from the secretary.--Not later than 180 days
after the date of enactment of this Act, and every 180 days
thereafter for the duration of the applicable disaster or
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 paragraph (1).
SEC. 100111. 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 of higher education 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 of higher education 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 of
higher education 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 be required to begin before the date that is 1
full fiscal year after the date that is the end of the
qualifying emergency.
(b) Termination Date.--
(1) In general.--The authority provided under this section
to grant a loan deferment under subsection (a) shall terminate
on the date on which the qualifying emergency is no longer in
effect.
(2) Duration.--Any provision of a loan agreement or
insurance agreement modified by the authority under this
section shall remain so modified for the duration of the period
covered by the loan agreement or insurance agreement.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, and every 180 days thereafter during the period beginning on
the first day of the qualifying emergency and ending on September 30 of
the fiscal year following the end of the qualifying emergency, the
Secretary shall submit to the authorizing committees (as defined in
section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) a
report that identifies each institution of higher education that
received assistance under this section.
SEC. 100112. WAIVER AUTHORITY AND REPORTING REQUIREMENT FOR
INSTITUTIONAL AID.
(a) Waiver Authority.--Notwithstanding any other provision of the
Higher Education Act of 1965 (U.S.C. 1001 et seq.), unless enacted with
specific reference to this section, for any institution of higher
education that was receiving assistance under title III, title V, or
subpart 4 of part A of title VII of such Act (20 U.S.C. 1051 et seq.;
1101 et seq.; 1136a et seq.) at the time of a qualifying emergency, the
Secretary may, for the period beginning on the first day of the
qualifying emergency and ending on September 30 of the fiscal year
following the end of the qualifying emergency--
(1) waive--
(A) the eligibility data requirements set forth in
section 391(d) and 521(e) of the Higher Education Act
of 1965 (20 U.S.C. 1068(d) and 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 references to
``the academic year preceding the beginning of that
fiscal year'' in paragraph (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), and references
to ``the end of the school year preceding the beginning
of that fiscal year'' under subsection (a) and
references to ``the academic year preceding such fiscal
year'' under subsection (h) of such section;
(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 subparagraph (B) of such section;
(F) subparagraphs (A), (C), (D), and (E) of section
723(f)(3) and section 724(f)(3) of the Higher Education
Act of 1965 (20 U.S.C. 1136a(f)(3) and 1136b(f)(3)),
and references to ``previous academic year'' under
subparagraph (B) of such sections; and
(G) the allotment restriction set forth in section
318(d)(4) and 323(c)(2) of the Higher Education Act of
1965 (20 U.S.C. 1059e(d)(4) and 1062(c)(2)); and
(2) waive or modify any statutory or regulatory provision
to ensure that institutions that were receiving assistance
under title III, title V, or subpart 4 of part A of title VII
of such Act (20 U.S.C. 1051 et seq.; 1101 et seq.; 1136a et
seq.) at the time of a qualifying emergency are not adversely
affected by any formula calculation for fiscal year 2020 and
for the period beginning on the first day of the qualifying
emergency and ending on September 30 of the fiscal year
following the end of the qualifying emergency, as necessary.
(b) Use of Unexpended Funds.--Any funds paid to an institution
under title III, title V, or subpart 4 of part A of title VII of the
Higher Education Act of 1965 (20 U.S.C. 1051 et seq.; 1101 et seq.;
1136a et seq.) and not expended or used for the purposes for which the
funds were paid to the institution during the 5-year period following
the date on which the funds were first paid to the institution, may be
carried over and expended during the succeeding 5-year period.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, and every 180 days thereafter for the period beginning on the
first day of the qualifying emergency and ending on September 30 of the
fiscal year following the end of the qualifying emergency, the
Secretary shall submit to the authorizing committees (as defined in
section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) a
report that identifies each institution that received a waiver or
modification under this section.
SEC. 100113. 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, chapters 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. 100114. SERVICE OBLIGATIONS FOR TEACHERS.
(a) Teach Grants.--For the purposes 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 such Act who is unable to fulfill all or part of
the recipient's 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 section 420N.
(b) Teacher Loan Forgiveness.--Notwithstanding section 428J or 460
of the Higher Education Act of 1965 (20 U.S.C. 1078-10; 1087j), the
Secretary shall waive the requirements under such sections that years
of teaching service shall be consecutive if--
(1) the teaching service of a borrower is temporarily
interrupted due to a qualifying emergency; and
(2) after the temporary interruption due to a qualifying
emergency, the borrower resumes teaching service and completes
a total of five years of qualifying teaching service under such
sections, including qualifying teaching service performed
before, during, and after such qualifying emergency.
SEC. 100115. PAYMENTS FOR STUDENT LOAN BORROWERS AS A RESULT OF A
NATIONAL EMERGENCY.
(a) Payments for Student Loan Borrowers During a National
Emergency.--
(1) In general.--Part G of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1088 et seq.) is amended by inserting
after section 493D the following:
``SEC. 493E. PAYMENTS FOR STUDENT LOAN BORROWERS DURING A NATIONAL
EMERGENCY.
``(a) Definitions.--In this section:
``(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) Income-driven repayment.--The term `income-driven
repayment' means--
``(A) income-based repayment authorized under
section 493C for loans made, insured, or guaranteed
under part B or part D; or
``(B) income contingent repayment authorized under
section 455(e) for loans made under part D.
``(3) Involuntary collection.--The term `involuntary
collection' means--
``(A) a wage garnishment authorized under section
488A of this Act or section 3720D of title 31, United
States Code;
``(B) a reduction of tax refund by amount of debt
authorized under section 3720A of title 31, United
States Code;
``(C) 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
``(D) any other involuntary collection activity.
``(4) National emergency.--The term `national emergency'
means--
``(A) a public health emergency related to the
coronavirus that is declared by the Secretary of Health
and Human Services pursuant to section 319 of the
Public Health Service Act (42 U.S.C. 247d); or
``(B) a national emergency related to the
coronavirus declared by the President under the
National Emergencies Act (50 U.S.C. 1601 et seq.).
``(b) National Emergency Student Loan Repayment Assistance.--
``(1) Authority.--Beginning on the date of enactment of the
Take Responsibility for Workers and Families Act, in the event
of a national emergency, the Secretary shall, for each month
during the national emergency period and for each borrower of a
loan made, insured, or guaranteed under part B, D, or E, pay
the total amount due for such month on the loan, based on the
payment plan selected by the borrower or the borrower's loan
status.
``(2) No capitalization of interest.--With respect to any
loan in repayment during a national emergency period, interest
due on loans made, insured, or guaranteed under part B, D, or E
during such period shall not be capitalized at any time during
the national emergency.
``(3) Applicability of payments.--Any payment made by the
Secretary under this section shall be considered by the
Secretary, or by a lender with respect to a loan made, insured,
or guaranteed under part B--
``(A) as a qualifying payment under the public
service loan forgiveness program under section 455(m),
if the borrower would otherwise qualify under such
section;
``(B) in the case of a borrower enrolled in an
income-driven repayment plan, as a qualifying payment
for the purpose of calculating eligibility for loan
forgiveness for the borrower in accordance with section
493C(b)(7) or section 455(d)(1)(D), as the case may be;
and
``(C) in the case of a borrower in default, as an
on-time monthly payment for purposes of loan
rehabilitation pursuant to section 428F(a).
``(4) Reporting to consumer reporting agencies.--During the
period in which the Secretary is making payments on a loan
under paragraph (1), the Secretary shall ensure that, for the
purpose of reporting information about the loan to a consumer
reporting agency, any payment made by the Secretary is treated
as if it were a regularly scheduled payment made by a borrower.
``(5) Notice of payments and program.--Not later than 15
days following the date of enactment of the COVID-19 Pandemic
Education Relief Act of 2020, and monthly thereafter during the
period of a national emergency, the Secretary shall provide a
notice to all borrowers of loans made, insured, or guaranteed
under part B, D, or E--
``(A) informing borrowers of the actions taken
under this section;
``(B) providing borrowers with an easily accessible
method to opt out of the benefits provided under this
section; and
``(C) notifying the borrower that the program under
this section is a temporary program and will end after
the national emergency ends.
``(6) Suspension of involuntary collection.--Beginning on
the date of enactment of the Take Responsibility for Workers
and Families Act, in the event of a national emergency, the
Secretary, or other holder of a loan made, insured, or
guaranteed under part B, D, or E, shall immediately take action
to halt all involuntary collection related to the loan until
the date on which the national emergency ends.
``(c) Waiver of Interest During National Emergency.--
Notwithstanding any other provision of law, the Secretary shall pay any
interest that would otherwise be charged or accrue during a national
emergency on any loan made, insured, or guaranteed under part B, D, or
E.
``(d) Transition Period.--Upon the termination of a national
emergency, the Secretary shall carry out a program to provide for a
transition period of 90 days, beginning on the day after the last day
of the national emergency, during which--
``(1) the Secretary shall provide not less than 3 notices
to borrowers indicating when the borrower's normal payment
obligations will resume; and
``(2) any missed payments by a borrower under part B, D, or
E shall not--
``(A) result in fees or penalties; or
``(B) be reported to any consumer reporting agency
or otherwise impact the borrower's credit history.
``(e) Implementation in FFEL Entities.--To facilitate
implementation of this section--
``(1) lenders and guaranty agencies holding loans made,
insured, or guaranteed under part B shall report, to the
satisfaction of the Secretary, information to verify at the
borrower level the amount of payments made under this section;
and
``(2) the Secretary shall have the authority to establish a
payment schedule for purposes of this section for loans made,
insured, or guaranteed under part B and not held 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;
``(2) the master calendar requirements under section 482;
``(3) negotiated rulemaking under section 492; and
``(4) the requirement to publish the notices related to the
system of records of the agency before implementation required
under paragraphs (4) and (11) of section 552a(e) of title 5,
United States Code (commonly known as the `Privacy Act of
1974'), except that the notices shall be published not later
than 180 days after the date of enactment of the Take
Responsibility for Workers and Families Act.''.
(2) FFEL amendment.--Section 428(c)(8) of the Higher
Education Act of 1965 (20 U.S.C. 1078(c)(8)) is amended by
striking ``and for which'' and all that follows through ``this
subsection''.
(3) Applicability.--The requirement of the Secretary to
make payments under section 493E of the Higher Education Act of
1965, as added by paragraph 1, shall apply to payments due
after the date of enactment of this Act.
(b) Minimum Relief for Student Loan Borrowers as a Result of a
National Emergency.--Part G of title IV the Higher Education Act of
1965 (20 U.S.C. 1088 et seq.), as amended by subsection (a), is further
amended by inserting after section 493E the following:
``SEC. 493F. MINIMUM RELIEF FOR STUDENT LOAN BORROWERS AS A RESULT OF A
NATIONAL EMERGENCY.
``(a) Minimum Student Loan Relief as a Result of a National
Emergency.--Not later than 90 days after the conclusion of a national
emergency (as defined in section 493E), the Secretary shall, for each
borrower of a loan made under part B, D, or E, reduce the total
outstanding balance due on all such loans of the borrower, by an amount
equal to the lesser of--
``(1) the difference between $10,000 and the total amount
of payments made by the Secretary under section 493E(b) on such
loans of the borrower during the period of such national
emergency; or
``(2) the total amount of outstanding principal and
interest due on such loans of the borrower, as of the date of
the calculation under this subsection.
``(b) Data to Implement.--Contractors of the Secretary and lenders
and guaranty agencies holding loans made, insured, or guaranteed under
part B shall report, to the satisfaction of the Secretary, the
information necessary to calculate the amount to be applied under
subsection (a).''.
SEC. 100116. RULE OF CONSTRUCTION.
Except as otherwise provided in this Act or the amendments made by
this Act, nothing in this Act shall be construed to provide additional
authority to the Secretary of Education to waive any provision of the
following:
(1) The Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.).
(2) The Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.).
(3) The Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.).
(4) The Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2301 et seq.).
TITLE II--OTHER PROGRAMS
SEC. 100202. 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 that will count toward the
number of hours needed for the individual's education
award.
(B) Affected individuals.--Subparagraph (A) shall
apply to any individual serving in a position eligible
for an educational award under subtitle D of title I of
the National and Community Service Act of 1990 (42
U.S.C. 12601 et seq.)--
(i) who is performing limited service due
to COVID-19; or
(ii) whose position has been suspended or
placed on hold due to COVID-19.
(2) Provisions in case of early exit.--In any case where an
individual serving in a position eligible for an educational
award under subtitle D of title I of the National and Community
Service Act of 1990 (42 U.S.C. 12601 et seq.) was required to
exit the position early at the direction of the Corporation for
National and Community Service, the Chief Executive Officer of
the Corporation for National and Community Service may--
(A) deem such individual as having met the
requirements of the position; and
(B) award the individual the full value of the
educational award under such subtitle for which the
individual would otherwise have been eligible.
(b) 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.
(c) 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.
DIVISION K--AGRICULTURE PROVISIONS
TITLE I--COMMODITY SUPPORT AND OTHER AGRICULTURE PROGRAMS
SEC. 110101. SUPPLEMENTAL DAIRY MARGIN COVERAGE.
(a) In General.--Of the funds of the Commodity Credit Corporation,
the Secretary of Agriculture shall provide supplemental dairy margin
coverage payments to eligible dairy operations described in subsection
(b) whenever the average actual dairy production margin (as defined in
section 1401 of the Agricultural Act of 2014 (7 U.S.C. 9051)) for a
month is less than the coverage level threshold selected by such
eligible dairy operation under such section 1406.
(b) Eligible Dairy Operation Described.--An eligible dairy
operation described in this subsection is a participating dairy
operation (as defined in section 1401 of the Agricultural Act of 2014
(7 U.S.C. 9051)) that--
(1) is located in the United States; and
(2) on the date of the enactment of this section, had a
production history established under the dairy margin coverage
program described in section 1405 of the Agricultural Act of
2014 (7 U.S.C. 9055) of less than 5 million pounds, as
determined in accordance with subsection (c) of that Act.
(c) Supplemental Production History Calculation.--For purposes of
determining the production history of an eligible dairy operation under
this subsection, such an operation's production history shall be equal
to--
(1) the production volume of such dairy operation for the
2019 milk marketing year; minus
(2) the production history of such dairy operation
established under section 1405 of the Agricultural Act of 2014
(7 U.S.C. 9055).
(d) Coverage Percentage.--
(1) In general.--For purposes of calculating payments to be
issued under this section, an eligible dairy operation's
coverage percentage shall be equal to the coverage percentage
selected by such eligible dairy operation under section 1406 of
the Agricultural Act of 2014 (7 U.S.C. 9056).
(2) 5-million pound limitation.--
(A) In general.--The Secretary shall not provide
supplemental dairy margin coverage on a dairy
operation's actual production for calendar year 2019
such that the total covered production history of the
operation exceeds 5 million pounds.
(B) Determination of amount.--In calculating the
total covered production history of a dairy operation
under subparagraph (A), the Secretary shall multiply
the coverage percentage selected under section 1406 of
the Agricultural Act of 2014 (7 U.S.C. 9056) by the sum
of--
(i) The supplemental production history
calculated under subsection (c) with respect to
such dairy operation; and
(ii) The dairy margin coverage production
history described in subsection (c)(2) with
respect to such dairy operation.
(e) Premium Cost.--The premium cost for an eligible dairy operation
under this section shall be equal to the product of multiplying--
(1) the Tier I premium cost calculated under section
1407(b) of the Agricultural Act of 2014 (7 12 U.S.C. 9057(b));
by
(2) the production history calculation determined under
subsection (c) (such that total covered production history does
not exceed 5 million pounds).
(f) Regulations.--Not later than 45 days after the date of the
enactment of this section, the Secretary shall issue regulations to
carry out this section.
(g) Retroactivity.--The authority to carry out this section shall
begin on January 1, 2020.
SEC. 110102. TARGETED PURCHASES.
(a) In General.--The Secretary of Agriculture shall utilize not
less than $300,000,000 of the funds available under section 32 of the
Act of August 24, 1935 (7 U.S.C. 612c) to purchase qualified
agricultural products for the purpose of donating the products to food
assistance programs, including the Emergency Food Assistance Program,
of which the Secretary shall utilize--
(1) not less than $150,000,000 to purchase specialty crops;
(2) not less than $75,000,000 to purchase dairy; and
(3) not less than $75,000,000 to purchase meat and poultry
products.
(b) Qualified Agricultural Product Defined.--In this section, the
term ``qualified agricultural product'' means a dairy, meat, or poultry
product, or a specialty crop--
(1) that was packaged or marketed for sale to commercial or
food service industries;
(2) for which decreased demand exists for such a product
due to the COVID-19 outbreak; and
(3) the repurposing of which would be impractical for
grocery or retail sale.
TITLE II--SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
SEC. 110201. SNAP FUNDING.
There are hereby appropriated to the Secretary of Agriculture, out
of any money in the Treasury not otherwise appropriated, such sums as
maybe necessary to carry out this title and sections 2301 and 2302 of
the Families First Coronavirus Response Act (Public Law 116-127).
SEC. 110202. SNAP ALLOTMENTS.
(a) Nutrition Assistance Allotment Amount.--
(1) Value of benefits.--Notwithstanding any other provision
of law, beginning on May 1, 2020, the value of benefits
determined under section 8(a) of the Food and Nutrition Act of
2008 (7 U.S.C. 2017(a)), and consolidated block grants for
Puerto Rico and American Samoa determined under section 19(a)
of such Act (7 U.S.C. 2028(a)), shall be calculated using 115
percent of the June 2019 value of the thrifty food plan (as
defined in section 3 of such Act (7 U.S.C. 2012)) if the value
of the benefits and block grants would be greater under that
calculation than in the absence of this paragraph.
(2) Minimum amount.--
(A) In general.--The minimum value of benefits
determined under section 8(a) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2017(a)) for a household of not
more than 2 members shall be $30.
(B) Effectiveness.--Subparagraph (A) shall remain
in effect until the date on which 8 percent of the
value of the thrifty food plan for a household
containing 1 member, rounded to the nearest whole
dollar increment, is equal to or greater than $30.
(b) Requirements for the Secretary.--In carrying out this section,
the Secretary shall--
(1) consider the benefit increases described in subsection
(a) to be a ``mass change'';
(2) require a simple process for States to notify
households of the increase in benefits;
(3) not include any errors in the implementation of this
section in the payment error rate calculated under section
16(c) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c));
(4) disregard the additional amount of benefits that a
household receives as a result of this section in determining
the amount of overissuances under section 13 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2022); and
(5) set the tolerance level for excluding small errors for
the purposes of section 16(c) of the Food and Nutrition Act of
2008 (7 U.S.C. 2025(c)) at $50 through September 30, 2021.
(c) Administrative Expenses.--
(1) In general.--For the costs of State administrative
expenses associated with carrying out this section and
administering the supplemental nutrition assistance program
established under the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.), the Secretary of Agriculture shall make
available $150,000,000 for fiscal year 2020 and $150,000,000
for fiscal year 2021.
(2) Timing for fiscal year 2020.--Not later than 60 days
after the date of the enactment of this section, the Secretary
shall make available to States amounts for fiscal year 2020
under paragraph (1).
(3) Allocation of funds.--Funds described in paragraph (1)
shall be made available as grants to State agencies for each
fiscal year as follows:
(A) 75 percent of the amounts available for each
fiscal year shall be allocated to States based on the
share of each State of households that participate in
the supplemental nutrition assistance program as
reported to the Department of Agriculture for the most
recent 12-month period for which data are available,
adjusted by the Secretary (as of the date of the
enactment of this section) for participation in
disaster programs under section 5(h) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2014(h)); and
(B) 25 percent of the amounts available for each
fiscal year shall be allocated to States based on the
increase in the number of households that participate
in the supplemental nutrition assistance program as
reported to the Department of Agriculture over the most
recent 12-month period for which data are available,
adjusted by the Secretary (as of the date of the
enactment of this section) for participation in
disaster programs under section 5(h) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2014(h)).
SEC. 110203. SNAP RULES.
No funds (including fees) made available under this Act or any
other Act for any fiscal year may be used to finalize, implement,
administer, enforce, carry out, or otherwise give effect to--
(1) the final rule entitled ``Supplemental Nutrition
Assistance Program: Requirements for Able-Bodied Adults Without
Dependents'' published in the Federal Register on December 5,
2019 (84 Fed. Reg. 66782);
(2) the proposed rule entitled ``Revision of Categorical
Eligibility in the Supplemental Nutrition Assistance Program
(SNAP)'' published in the Federal Register on July 24, 2019 (84
Fed. Reg. 35570); or
(3) the proposed rule entitled ``Supplemental Nutrition
Assistance Program: Standardization of State Heating and
Cooling Standard Utility Allowances'' published in the Federal
Register on October 3, 2019 (84 Fed. Reg. 52809).
SEC. 110204. SNAP HOT FOOD PURCHASES.
During the period beginning 10 days after the date of the
enactment of this Act and ending on the termination date of the public
health emergency declaration made by the Secretary of Health and Human
Services under section 319 of the Public Health Service Act based on an
outbreak of coronavirus disease 2019 (COVID-19), the term ``food'', as
defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C.
2012), shall be deemed to exclude ``hot foods or hot food products
ready for immediate consumption other than those authorized pursuant to
clauses (3), (4), (5), (7), (8), and (9) of this subsection,'' for
purposes of such Act, except that such exclusion is limited to retail
food stores authorized to accept and redeem supplemental nutrition
assistance program benefits as of the date of enactment of this Act.
SEC. 110205. FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS.
Any funds provided in the Third Coronavirus Preparedness and
Response Supplemental Appropriations Act, 2020 for the Food
Distribution Program on Indian Reservations, as authorized by section
4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)), are not
subject to the payment of the non-Federal share requirement described
in section 4(b)(4)(A) of the Food and Nutrition Act of 2008 (7 U.S.C.
2013(b)(4)(A)).
DIVISION L--ACCESS ACT
SEC. 120001. SHORT TITLE.
This division may be cited as the ``American Coronavirus/COVID-19
Election Safety and Security Act'' or the ``ACCESS Act''.
SEC. 120002. REQUIREMENTS FOR FEDERAL ELECTION CONTINGENCY PLANS IN
RESPONSE TO NATURAL DISASTERS AND EMERGENCIES.
(a) In General.--
(1) Establishment.--Not later than 30 days after the date
of the enactment of this Act, each State and each jurisdiction
in a State which is responsible for administering elections for
Federal office shall establish and make publicly available a
contingency plan to enable individuals to vote in elections for
Federal office during a state of emergency, public health
emergency, or national emergency which has been declared for
reasons including--
(A) a natural disaster; or
(B) an infectious disease.
(2) Updating.--Each State and jurisdiction shall update the
contingency plan established under this subsection not less
frequently than every 5 years.
(b) Requirements Relating to Safety.--The contingency plan
established under subsection (a) shall include initiatives to provide
equipment and resources needed to protect the health and safety of poll
workers and voters when voting in person.
(c) Requirements Relating to Recruitment of Poll Workers.--The
contingency plan established under subsection (a) shall include
initiatives by the chief State election official and local election
officials to recruit poll workers from resilient or unaffected
populations, which may include--
(1) employees of other State and local government offices;
and
(2) in the case in which an infectious disease poses
significant increased health risks to elderly individuals,
students of secondary schools and institutions of higher
education in the State.
(d) State.--For purposes of this section, the term ``State''
includes the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
(e) Enforcement.--
(1) Attorney general.--The Attorney General may bring a
civil action against any State or jurisdiction in an
appropriate United States District Court for such declaratory
and injunctive relief (including a temporary restraining order,
a permanent or temporary injunction, or other order) as may be
necessary to carry out the requirements of this section.
(2) Private right of action.--
(A) In general.--In the case of a violation of this
section, any person who is aggrieved by such violation
may provide written notice of the violation to the
chief election official of the State involved.
(B) Relief.--If the violation is not corrected
within 20 days after receipt of a notice under
subparagraph (A), or within 5 days after receipt of the
notice if the violation occurred within 120 days before
the date of an election for Federal office, the
aggrieved person may, in a civil action, obtain
declaratory or injunctive relief with respect to the
violation.
(C) Special rule.--If the violation occurred within
5 days before the date of an election for Federal
office, the aggrieved person need not provide notice to
the chief election official of the State involved under
subparagraph (A) before bringing a civil action under
subparagraph (B).
(f) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2020 and each succeeding election for Federal office.
SEC. 120003. EARLY VOTING AND VOTING BY MAIL.
(a) Requirements.--Title III of the Help America Vote Act of 2002
(52 U.S.C. 21081 et seq.) is amended by adding at the end the following
new subtitle:
``Subtitle C--Other Requirements
``SEC. 321. EARLY VOTING.
``(a) Requiring Allowing Voting Prior to Date of Election.--
``(1) In general.--Each State shall allow individuals to
vote in an election for Federal office during an early voting
period which occurs prior to the date of the election, in the
same manner as voting is allowed on such date.
``(2) Length of period.--The early voting period required
under this subsection with respect to an election shall consist
of a period of consecutive days (including weekends) which
begins on the 15th day before the date of the election (or, at
the option of the State, on a day prior to the 15th day before
the date of the election) and ends on the date of the election.
``(b) Minimum Early Voting Requirements.--Each polling place which
allows voting during an early voting period under subsection (a)
shall--
``(1) allow such voting for no less than 10 hours on each
day;
``(2) have uniform hours each day for which such voting
occurs; and
``(3) allow such voting to be held for some period of time
prior to 9:00 a.m (local time) and some period of time after
5:00 p.m. (local time).
``(c) Location of Polling Places.--
``(1) Proximity to public transportation.--To the greatest
extent practicable, a State shall ensure that each polling
place which allows voting during an early voting period under
subsection (a) is located within walking distance of a stop on
a public transportation route.
``(2) Availability in rural areas.--The State shall ensure
that polling places which allow voting during an early voting
period under subsection (a) will be located in rural areas of
the State, and shall ensure that such polling places are
located in communities which will provide the greatest
opportunity for residents of rural areas to vote during the
early voting period.
``(d) Standards.--
``(1) In general.--The Commission shall issue standards for
the administration of voting prior to the day scheduled for a
Federal election. Such standards shall include the
nondiscriminatory geographic placement of polling places at
which such voting occurs.
``(2) Deviation.--The standards described in paragraph (1)
shall permit States, upon providing adequate public notice, to
deviate from any requirement in the case of unforeseen
circumstances such as a natural disaster, terrorist attack, or
a change in voter turnout.
``(e) Ballot Processing and Scanning Requirements.--
``(1) In general.--The State shall begin processing and
scanning ballots cast during early voting for tabulation at
least 14 days prior to the date of the election involved.
``(2) Limitation.--Nothing in this subsection shall be
construed to permit a State to tabulate ballots in an election
before the closing of the polls on the date of the election.
``(f) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2020 and each succeeding election for Federal office.
``SEC. 322. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.
``(a) Uniform Availability of Absentee Voting to All Voters.--
``(1) In general.--If an individual in a State is eligible
to cast a vote in an election for Federal office, the State may
not impose any additional conditions or requirements on the
eligibility of the individual to cast the vote in such election
by absentee ballot by mail, including--
``(A) requiring any form of identification as a
condition of obtaining the absentee ballot; or
``(B) requiring notarization or witness signature
or other formal authentication (other than voter
attestation) as a condition of the acceptance of the
ballot by an election official.
``(2) Permitting certain requirements.--Notwithstanding
paragraph (1)--
``(A) a State shall require an individual to meet
signature verification in accordance with subsection
(b); and
``(B) the State may impose a deadline for
requesting the ballot and related voting materials from
the appropriate State or local election official and
for returning the ballot to the appropriate State or
local election official.
``(b) Requiring Signature Verification.--
``(1) Requirement.--A State may not accept and process an
absentee ballot submitted by any individual with respect to an
election for Federal office unless the State verifies the
identification of the individual by comparing the individual's
signature on the absentee ballot with the individual's
signature on the official list of registered voters in the
State, in accordance with such procedures as the State may
adopt (subject to the requirements of paragraph (2)).
``(2) Due process requirements.--
``(A) Notice and opportunity to cure discrepancy.--
If an individual submits an absentee ballot and the
appropriate State or local election official determines
that a discrepancy exists between the signature on such
ballot and the signature of such individual on the
official list of registered voters in the State, such
election official, prior to making a final
determination as to the validity of such ballot, shall
make a good faith effort to immediately notify such
individual by mail, telephone, and (if available)
electronic mail that--
``(i) a discrepancy exists between the
signature on such ballot and the signature of
such individual on the official list of
registered voters in the State;
``(ii) such individual may provide the
official with information to cure such
discrepancy, either in person, by telephone, or
by electronic methods; and
``(iii) if such discrepancy is not cured
prior to the expiration of the 7-day period
which begins on the date of the election, such
ballot will not be counted.
``(B) Opportunity to provide missing signature.--If
an individual submits an absentee ballot without a
signature, the State shall notify the individual and
give the individual an opportunity to provide the
missing signature on a form proscribed by the State.
``(C) Other requirements.--An election official may
not make a determination that a discrepancy exists
between the signature on an absentee ballot and the
signature of the individual who submits the ballot on
the official list of registered voters in the State
unless--
``(i) at least 2 election officials make
the determination; and
``(ii) each official who makes the
determination has received training in
procedures used to verify signatures.
``(3) Report.--
``(A) In general.--Not later than 120 days after
the end of a Federal election cycle, each chief State
election official shall submit to Congress a report
containing the following information for the applicable
Federal election cycle in the State:
``(i) The number of ballots invalidated due
to a discrepancy under this subsection.
``(ii) Description of attempts to contact
voters to provide notice as required by this
subsection.
``(iii) Description of the cure process
developed by such State pursuant to this
subsection, including the number of ballots
determined valid as a result of such process.
``(B) Federal election cycle defined.--For purposes
of this subsection, the term `Federal election cycle'
means the period beginning on January 1 of any odd
numbered year and ending on December 31 of the
following year.
``(c) Methods and Timing for Transmission of Ballots and Balloting
Materials to Voters.--
``(1) Method for requesting ballot.--In addition to such
other methods as the State may establish for an individual to
request an absentee ballot, the State shall permit an
individual to submit a request for an absentee ballot online.
The State shall be considered to meet the requirements of this
paragraph if the website of the appropriate State or local
election official allows an absentee ballot request application
to be completed and submitted online and if the website permits
the individual--
``(A) to print the application so that the
individual may complete the application and return it
to the official; or
``(B) request that a paper copy of the application
be transmitted to the individual by mail or electronic
mail so that the individual may complete the
application and return it to the official.
``(2) Ensuring delivery prior to election.--If an
individual requests to vote by absentee ballot in an election
for Federal office, the appropriate State or local election
official shall ensure that the ballot and relating voting
materials are received by the individual prior to the date of
the election so long as the individual's request is received by
the official not later than 5 days (excluding Saturdays,
Sundays, and legal public holidays) before the date of the
election, except that nothing in this paragraph shall preclude
a State or local jurisdiction from allowing for the acceptance
and processing of ballot requests submitted or received after
such required period.
``(3) Special rules in case of emergency periods.--
``(A) Automatic mailing of absentee ballots to all
voters.--If the area in which an election is held is in
an area in which an emergency or disaster which is
described in subparagraph (A) or (B) of section
1135(g)(1) of the Social Security Act (42 U.S.C. 1320b-
5(g)(1)) is declared during the period described in
subparagraph (C)--
``(i) paragraphs (1) and (2) shall not
apply with respect to the election; and
``(ii) not later than 2 weeks before the
date of the election, the appropriate State or
local election official shall transmit absentee
ballots and balloting materials for the
election to all individuals who are registered
to vote in such election.
``(B) Affirmation.--If an individual receives an
absentee ballot from a State or local election official
pursuant to subparagraph (A) and returns the voted
ballot to the official, the ballot shall not be counted
in the election unless the individual includes with the
ballot a signed affirmation that--
``(i) the individual has not and will not
cast another ballot with respect to the
election; and
``(ii) acknowledges that a material
misstatement of fact in completing the ballot
may constitute grounds for conviction of
perjury.
``(C) Period described.--The period described in
this subparagraph with respect to an election is the
period which begins 120 days before the date of the
election and ends 30 days before the date of the
election.
``(D) Application to november 2020 general
election.--Because of the public health emergency
declared pursuant to section 319 of the Public Health
Service Act (42 U.S.C. 247d) resulting from the COVID-
19 pandemic, the special rules set forth in this
paragraph shall apply with respect to the regularly
scheduled general election for Federal office held in
November 2020 in each State.
``(d) Accessibility for Individuals With Disabilities.--The State
shall ensure that all absentee ballots and related voting materials in
elections for Federal office are accessible to individuals with
disabilities in a manner that provides the same opportunity for access
and participation (including with privacy and independence) as for
other voters.
``(e) Requirements for Envelopes.--
``(1) Prepayment of postage.--Consistent with regulations
of the United States Postal Service, the State or the unit of
local government responsible for the administration of an
election for Federal office shall prepay the postage on any
ballot in the election which is cast by mail.
``(2) Use of self-sealing envelope.--The State or unit of
local government shall provide with any absentee ballot
transmitted to a voter by mail a self-sealing return envelope.
``(f) Uniform Deadline for Acceptance of Mailed Ballots.--If a
ballot submitted by an individual by mail with respect to an election
for Federal office in a State is postmarked on or before the date of
the election, the State may not refuse to accept or process the ballot
on the grounds that the individual did not meet a deadline for
returning the ballot to the appropriate State or local election
official.
``(g) Methods of Returning Ballots.--
``(1) In general.--The State shall permit an individual to
whom a ballot in an election was provided under this section to
cast the ballot by delivering the ballot at such times and to
such locations as the State may establish, including--
``(A) permitting the individual to deliver the
ballot to a polling place on the date of the election;
and
``(B) permitting the individual to deliver the
ballot to a designated ballot drop-off location.
``(2) Permitting voters to designate other person to return
ballot.--The State--
``(A) shall permit a voter to designate any person
to return a voted and sealed absentee ballot to the
post office, a ballot drop-off location, tribally
designated building, or election office so long as the
person designated to return the ballot does not receive
any form of compensation based on the number of ballots
that the person has returned and no individual, group,
or organization provides compensation on this basis;
and
``(B) may not put any limit on how many voted and
sealed absentee ballots any designated person can
return to the post office, a ballot drop off location,
tribally designated building, or election office.
``(h) Ballot Processing and Scanning Requirements.--
``(1) In general.--The State shall begin processing and
scanning ballots cast by mail for tabulation at least 14 days
prior to the date of the election involved.
``(2) Limitation.--Nothing in this subsection shall be
construed to permit a State to tabulate ballots in an election
before the closing of the polls on the date of the election.
``(i) Rule of Construction.--Nothing in this section shall be
construed to affect the authority of States to conduct elections for
Federal office through the use of polling places at which individuals
cast ballots.
``(j) No Effect on Ballots Submitted by Absent Military and
Overseas Voters; Treatment of Blank Absentee Ballots Transmitted to
Certain Voters.--Nothing in this section may be construed to affect the
treatment of any ballot submitted by an individual who is entitled to
vote by absentee ballot under the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20301 et seq.), and any blank absentee
ballot transmitted to an individual by mail or electronically in
accordance with section 102(f) of such Act shall be treated in the same
manner as any other absentee ballot for purposes of this section.
``(k) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2020 and each succeeding election for Federal office.
``SEC. 323. ABSENTEE BALLOT TRACKING PROGRAM.
``(a) Requirement.--Each State shall carry out a program to track
and confirm the receipt of absentee ballots in an election for Federal
office under which the State or local election official responsible for
the receipt of voted absentee ballots in the election carries out
procedures to track and confirm the receipt of such ballots, and makes
information on the receipt of such ballots available to the individual
who cast the ballot, by means of online access using the Internet site
of the official's office.
``(b) Information on Whether Vote Was Counted.--The information
referred to under subsection (a) with respect to the receipt of an
absentee ballot shall include information regarding whether the vote
cast on the ballot was counted, and, in the case of a vote which was
not counted, the reasons therefor.
``(c) Use of Toll-Free Telephone Number by Officials Without
Internet Site.--A program established by a State or local election
official whose office does not have an Internet site may meet the
requirements of subsection (a) if the official has established a toll-
free telephone number that may be used by an individual who cast an
absentee ballot to obtain the information on the receipt of the voted
absentee ballot as provided under such subsection.
``(d) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2020 and each succeeding election for Federal office.
``SEC. 324. RULES FOR COUNTING PROVISIONAL BALLOTS.
``(a) Statewide Counting of Provisional Ballots.--
``(1) In general.--For purposes of section 302(a)(4),
notwithstanding the precinct or polling place at which a
provisional ballot is cast within the State, the appropriate
election official shall count each vote on such ballot for each
election in which the individual who cast such ballot is
eligible to vote.
``(2) Effective date.--This subsection shall apply with
respect to the regularly scheduled general election for Federal
office held in November 2020 and each succeeding election for
Federal office.
``(b) Uniform and Nondiscriminatory Standards.--
``(1) In general.--Consistent with the requirements of
section 302, each State shall establish uniform and
nondiscriminatory standards for the issuance, handling, and
counting of provisional ballots.
``(2) Effective date.--This subsection shall apply with
respect to the regularly scheduled general election for Federal
office held in November 2020 and each succeeding election for
Federal office.
``SEC. 325. COVERAGE OF COMMONWEALTH OF NORTHERN MARIANA ISLANDS.
``In this subtitle, the term `State' includes the Commonwealth of
the Northern Mariana Islands.
``SEC. 326. MINIMUM REQUIREMENTS FOR EXPANDING ABILITY OF INDIVIDUALS
TO VOTE.
``The requirements of this subtitle are minimum requirements, and
nothing in this subtitle may be construed to prevent a State from
establishing standards which promote the ability of individuals to vote
in elections for Federal office, so long as such standards are not
inconsistent with the requirements of this subtitle or other Federal
laws.''.
(b) Conforming Amendment Relating to Issuance of Voluntary Guidance
by Election Assistance Commission.--Section 311(b) of such Act (52
U.S.C. 21101(b)) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) in the case of the recommendations with respect to
subtitle C, June 30, 2020.''.
(c) Enforcement.--
(1) Coverage under existing enforcement provisions.--
Section 401 of such Act (52 U.S.C. 21111) is amended by
striking ``and 303'' and inserting ``303, and subtitle C of
title III''.
(2) Availability of private right of action.--Title IV of
such (52 U.S.C. 21111 et seq.) is amended by adding at the end
the following new section:
``SEC. 403. PRIVATE RIGHT OF ACTION FOR VIOLATIONS OF CERTAIN
REQUIREMENTS.
``(a) In General.--In the case of a violation of subtitle C of
title III, section 402 shall not apply and any person who is aggrieved
by such violation may provide written notice of the violation to the
chief election official of the State involved.
``(b) Relief.--If the violation is not corrected within 20 days
after receipt of a notice under subsection (a), or within 5 days after
receipt of the notice if the violation occurred within 120 days before
the date of an election for Federal office, the aggrieved person may,
in a civil action, obtain declaratory or injunctive relief with respect
to the violation.
``(c) Special Rule.--If the violation occurred within 5 days before
the date of an election for Federal office, the aggrieved person need
not provide notice to the chief election official of the State involved
under subsection (a) before bringing a civil action under subsection
(b).''.
(d) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by adding at the end of the items relating to title III
the following:
``Subtitle C--Other Requirements
``Sec. 321. Early voting.
``Sec. 322. Promoting ability of voters to vote by mail.
``Sec. 323. Absentee ballot tracking program.
``Sec. 324. Rules for counting provisional ballots.
``Sec. 325. Coverage of Commonwealth of Northern Mariana Islands.
``Sec. 326. Minimum requirements for expanding ability of individuals
to vote.''; and
(2) by adding at the end of the items relating to title IV
the following new item:
``Sec. 403. Private right of action for violations of certain
requirements.''.
SEC. 120004. POSTAGE-FREE ABSENTEE BALLOTS.
(a) In General.--Chapter 34 of title 39, United States Code, is
amended by adding after section 3406 the following:
``Sec. 3407. Absentee ballots
``(a) Any absentee ballot for any election for Federal office shall
be carried expeditiously, with postage prepaid by the State or unit of
local government responsible for the administration of the election.
``(b) As used in this section, the term `absentee ballot' means any
ballot transmitted by a voter by mail in an election for Federal
office, but does not include any ballot covered by section 3406.''.
(b) Clerical Amendment.--The table of sections for chapter 34 of
such title is amended by inserting after the item relating to section
3406 the following:
``3407. Absentee ballots carried free of postage.''.
SEC. 120005. REQUIRING TRANSMISSION OF BLANK ABSENTEE BALLOTS UNDER
UOCAVA TO CERTAIN VOTERS.
(a) In General.--The Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20301 et seq.) is amended by inserting after
section 103B the following new section:
``SEC. 103C. TRANSMISSION OF BLANK ABSENTEE BALLOTS TO CERTAIN OTHER
VOTERS.
``(a) In General.--
``(1) State responsibilities.--Subject to paragraph (2),
each State shall transmit blank absentee ballots by mail and
electronically to qualified individuals in the same manner and
under the same terms and conditions under which the State
transmits such ballots to absent uniformed services voters and
overseas voters under section 102(f).
``(2) Requirements.--Any blank absentee ballot transmitted
to a qualified individual under this section--
``(A) must comply with the language requirements
under section 203 of the Voting Rights Act of 1965 (52
U.S.C. 10503); and
``(B) must comply with the disability requirements
under section 508 of the Rehabilitation Act of 1973 (29
U.S.C. 794d).
``(3) Affirmation.--The State may not transmit a ballot to
a qualified individual under this section unless the individual
provides the State with a signed affirmation in electronic form
that--
``(A) the individual is a qualified individual (as
defined in subsection (b));
``(B) the individual has not and will not cast
another ballot with respect to the election; and
``(C) acknowledges that a material misstatement of
fact in completing the ballot may constitute grounds
for conviction of perjury.
``(4) Clarification regarding free postage.--An absentee
ballot obtained by a qualified individual under this section
shall be considered balloting materials as defined in section
107 for purposes of section 3406 of title 39, United States
Code.
``(5) Prohibiting refusal to accept ballot for failure to
meet certain requirements.--A State shall not refuse to accept
and process any otherwise valid blank absentee ballot which was
transmitted to a qualified individual under this section and
used by the individual to vote in the election solely on the
basis of the following:
``(A) Notarization or witness signature
requirements.
``(B) Restrictions on paper type, including weight
and size.
``(C) Restrictions on envelope type, including
weight and size.
``(b) Qualified Individual.--
``(1) In general.--In this section, except as provided in
paragraph (2), the term `qualified individual' means any
individual who is otherwise qualified to vote in an election
for Federal office and who meets any of the following
requirements:
``(A) The individual--
``(i) has requested an absentee ballot from
the State or jurisdiction in which such
individual is registered to vote; and
``(ii) has not received such absentee
ballot at least 2 days before the date of the
election.
``(B) The individual--
``(i) resides in an area of a State with
respect to which an emergency or public health
emergency has been declared by the chief
executive of the State or of the area involved
within 5 days of the date of the election under
the laws of the State due to reasons including
a natural disaster, including severe weather,
or an infectious disease; and
``(ii) has not requested an absentee
ballot.
``(C) The individual expects to be absent from such
individual's jurisdiction on the date of the election
due to professional or volunteer service in response to
a natural disaster or emergency as described in
subparagraph (B).
``(D) The individual is hospitalized or expects to
be hospitalized on the date of the election.
``(E) The individual is an individual with a
disability (as defined in section 3 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12102)) and
resides in a State which does not offer voters the
ability to use secure and accessible remote ballot
marking. For purposes of this subparagraph, a State
shall permit an individual to self-certify that the
individual is an individual with a disability.
``(2) Exclusion of absent uniformed services and overseas
voters.--The term `qualified individual' shall not include an
absent uniformed services voter or an overseas voter.
``(c) State.--For purposes of this section, the term `State'
includes the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
``(d) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2020 and each succeeding election for Federal office.''.
(b) Conforming Amendment.--Section 102(a) of such Act (52 U.S.C.
20302(a)) is amended--
(1) by striking ``and'' at the end of paragraph (10);
(2) by striking the period at the end of paragraph (11) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(12) meet the requirements of section 103C with respect
to the provision of blank absentee ballots for the use of
qualified individuals described in such section.''.
(c) Clerical Amendments.--The table of contents of such Act is
amended by inserting the following after section 103:
``Sec. 103A. Procedures for collection and delivery of marked absentee
ballots of absent overseas uniformed
services voters.
``Sec. 103B. Federal voting assistance program improvements.
``Sec. 103C. Transmission of blank absentee ballots to certain other
voters.''.
SEC. 120006. VOTER REGISTRATION.
(a) Requiring Availability of Internet for Voter Registration.--
(1) Requiring availability of internet for registration.--
The National Voter Registration Act of 1993 (52 U.S.C. 20501 et
seq.) is amended by inserting after section 6 the following new
section:
``SEC. 6A. INTERNET REGISTRATION.
``(a) Requiring Availability of Internet for Online Registration.--
``(1) Availability of online registration and correction of
existing registration information.--Each State, acting through
the chief State election official, shall ensure that the
following services are available to the public at any time on
the official public websites of the appropriate State and local
election officials in the State, in the same manner and subject
to the same terms and conditions as the services provided by
voter registration agencies under section 7(a):
``(A) Online application for voter registration.
``(B) Online assistance to applicants in applying
to register to vote.
``(C) Online completion and submission by
applicants of the mail voter registration application
form prescribed by the Election Assistance Commission
pursuant to section 9(a)(2), including assistance with
providing a signature as required under subsection (c).
``(D) Online receipt of completed voter
registration applications.
``(b) Acceptance of Completed Applications.--A State shall accept
an online voter registration application provided by an individual
under this section, and ensure that the individual is registered to
vote in the State, if--
``(1) the individual meets the same voter registration
requirements applicable to individuals who register to vote by
mail in accordance with section 6(a)(1) using the mail voter
registration application form prescribed by the Election
Assistance Commission pursuant to section 9(a)(2); and
``(2) the individual meets the requirements of subsection
(c) to provide a signature in electronic form (but only in the
case of applications submitted during or after the second year
in which this section is in effect in the State).
``(c) Signature Requirements.--
``(1) In general.--For purposes of this section, an
individual meets the requirements of this subsection as
follows:
``(A) In the case of an individual who has a
signature on file with a State agency, including the
State motor vehicle authority, that is required to
provide voter registration services under this Act or
any other law, the individual consents to the transfer
of that electronic signature.
``(B) If subparagraph (A) does not apply, the
individual submits with the application an electronic
copy of the individual's handwritten signature through
electronic means.
``(C) If subparagraph (A) and subparagraph (B) do
not apply, the individual executes a computerized mark
in the signature field on an online voter registration
application, in accordance with reasonable security
measures established by the State, but only if the
State accepts such mark from the individual.
``(2) Treatment of individuals unable to meet
requirement.--If an individual is unable to meet the
requirements of paragraph (1), the State shall--
``(A) permit the individual to complete all other
elements of the online voter registration application;
``(B) permit the individual to provide a signature
at the time the individual requests a ballot in an
election (whether the individual requests the ballot at
a polling place or requests the ballot by mail); and
``(C) if the individual carries out the steps
described in subparagraph (A) and subparagraph (B),
ensure that the individual is registered to vote in the
State.
``(3) Notice.--The State shall ensure that individuals
applying to register to vote online are notified of the
requirements of paragraph (1) and of the treatment of
individuals unable to meet such requirements, as described in
paragraph (2).
``(d) Confirmation and Disposition.--
``(1) Confirmation of receipt.--Upon the online submission
of a completed voter registration application by an individual
under this section, the appropriate State or local election
official shall send the individual a notice confirming the
State's receipt of the application and providing instructions
on how the individual may check the status of the application.
``(2) Notice of disposition.--Not later than 7 days after
the appropriate State or local election official has approved
or rejected an application submitted by an individual under
this section, the official shall send the individual a notice
of the disposition of the application.
``(3) Method of notification.--The appropriate State or
local election official shall send the notices required under
this subsection by regular mail, and, in the case of an
individual who has provided the official with an electronic
mail address, by both electronic mail and regular mail.
``(e) Provision of Services in Nonpartisan Manner.--The services
made available under subsection (a) shall be provided in a manner that
ensures that, consistent with section 7(a)(5)--
``(1) the online application does not seek to influence an
applicant's political preference or party registration; and
``(2) there is no display on the website promoting any
political preference or party allegiance, except that nothing
in this paragraph may be construed to prohibit an applicant
from registering to vote as a member of a political party.
``(f) Protection of Security of Information.--In meeting the
requirements of this section, the State shall establish appropriate
technological security measures to prevent to the greatest extent
practicable any unauthorized access to information provided by
individuals using the services made available under subsection (a).
``(g) Accessibility of Services.--A state shall ensure that the
services made available under this section are made available to
individuals with disabilities to the same extent as services are made
available to all other individuals.
``(h) Use of Additional Telephone-Based System.--A State shall make
the services made available online under subsection (a) available
through the use of an automated telephone-based system, subject to the
same terms and conditions applicable under this section to the services
made available online, in addition to making the services available
online in accordance with the requirements of this section.
``(i) Nondiscrimination Among Registered Voters Using Mail and
Online Registration.--In carrying out this Act, the Help America Vote
Act of 2002, or any other Federal, State, or local law governing the
treatment of registered voters in the State or the administration of
elections for public office in the State, a State shall treat a
registered voter who registered to vote online in accordance with this
section in the same manner as the State treats a registered voter who
registered to vote by mail.''.
(2) Special requirements for individuals using online
registration.--
(A) Treatment as individuals registering to vote by
mail for purposes of first-time voter identification
requirements.--Section 303(b)(1)(A) of the Help America
Vote Act of 2002 (52 U.S.C. 21083(b)(1)(A)) is amended
by striking ``by mail'' and inserting ``by mail or
online under section 6A of the National Voter
Registration Act of 1993''.
(B) Requiring signature for first-time voters in
jurisdiction.--Section 303(b) of such Act (52 U.S.C.
21083(b)) is amended--
(i) by redesignating paragraph (5) as
paragraph (6); and
(ii) by inserting after paragraph (4) the
following new paragraph:
``(5) Signature requirements for first-time voters using
online registration.--
``(A) In general.--A State shall, in a uniform and
nondiscriminatory manner, require an individual to meet
the requirements of subparagraph (B) if--
``(i) the individual registered to vote in
the State online under section 6A of the
National Voter Registration Act of 1993; and
``(ii) the individual has not previously
voted in an election for Federal office in the
State.
``(B) Requirements.--An individual meets the
requirements of this subparagraph if--
``(i) in the case of an individual who
votes in person, the individual provides the
appropriate State or local election official
with a handwritten signature; or
``(ii) in the case of an individual who
votes by mail, the individual submits with the
ballot a handwritten signature.
``(C) Inapplicability.--Subparagraph (A) does not
apply in the case of an individual who is--
``(i) entitled to vote by absentee ballot
under the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20302 et seq.);
``(ii) provided the right to vote otherwise
than in person under section 3(b)(2)(B)(ii) of
the Voting Accessibility for the Elderly and
Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii));
or
``(iii) entitled to vote otherwise than in
person under any other Federal law.''.
(C) Conforming amendment relating to effective
date.--Section 303(d)(2)(A) of such Act (52 U.S.C.
21083(d)(2)(A)) is amended by striking ``Each State''
and inserting ``Except as provided in subsection
(b)(5), each State''.
(3) Conforming amendments.--
(A) Timing of registration.--Section 8(a)(1) of the
National Voter Registration Act of 1993 (52 U.S.C.
20507(a)(1)) is amended--
(i) by striking ``and'' at the end of
subparagraph (C);
(ii) by redesignating subparagraph (D) as
subparagraph (E); and
(iii) by inserting after subparagraph (C)
the following new subparagraph:
``(D) in the case of online registration through
the official public website of an election official
under section 6A, if the valid voter registration
application is submitted online not later than the
lesser of 28 days, or the period provided by State law,
before the date of the election (as determined by
treating the date on which the application is sent
electronically as the date on which it is submitted);
and''.
(B) Informing applicants of eligibility
requirements and penalties.--Section 8(a)(5) of such
Act (52 U.S.C. 20507(a)(5)) is amended by striking
``and 7'' and inserting ``6A, and 7''.
(b) Same Day Registration.--
(1) In general.--Subtitle C of title III of the Help
America Vote Act of 2002, as added by section 3(a), is
amended--
(A) by redesignating sections 325 and 326 as
sections 326 and 327; and
(B) by inserting after section 324 the following
new section:
``SEC. 325. SAME DAY REGISTRATION.
``(a) In General.--
``(1) Registration.--Each State shall permit any eligible
individual on the day of a Federal election and on any day when
voting, including early voting, is permitted for a Federal
election--
``(A) to register to vote in such election at the
polling place using a form that meets the requirements
under section 9(b) of the National Voter Registration
Act of 1993 (or, if the individual is already
registered to vote, to revise any of the individual's
voter registration information); and
``(B) to cast a vote in such election.
``(2) Exception.--The requirements under paragraph (1)
shall not apply to a State in which, under a State law in
effect continuously on and after the date of the enactment of
this section, there is no voter registration requirement for
individuals in the State with respect to elections for Federal
office.
``(b) Eligible Individual.--For purposes of this section, the term
`eligible individual' means, with respect to any election for Federal
office, an individual who is otherwise qualified to vote in that
election.
``(c) Effective Date.--Each State shall be required to comply with
the requirements of subsection (a) for the regularly scheduled general
election for Federal office occurring in November 2020 and for any
subsequent election for Federal office.''.
(2) Clerical amendment.--The table of contents of such Act,
as amended by section 3, is amended--
(A) by redesignating the items relating to sections
325 and 326 as relating to sections 326 and 327; and
(B) by inserting after the item relating to section
324 the following new item:
``Sec. 325. Same day registration.''.
(c) Prohibiting State From Requiring Applicants to Provide More
Than Last 4 Digits of Social Security Number.--
(1) Form included with application for motor vehicle
driver's license.--Section 5(c)(2)(B)(ii) of the National Voter
Registration Act of 1993 (52 U.S.C. 20504(c)(2)(B)(ii)) is
amended by striking the semicolon at the end and inserting the
following: ``, and to the extent that the application requires
the applicant to provide a Social Security number, may not
require the applicant to provide more than the last 4 digits of
such number;''.
(2) National mail voter registration form.--Section 9(b)(1)
of such Act (52 U.S.C. 20508(b)(1)) is amended by striking the
semicolon at the end and inserting the following: ``, and to
the extent that the form requires the applicant to provide a
Social Security number, the form may not require the applicant
to provide more than the last 4 digits of such number;''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to the regularly scheduled general
election for Federal office held in November 2020 and each
succeeding election for Federal office.
SEC. 120007. ACCOMMODATIONS FOR VOTERS RESIDING IN INDIAN LANDS.
(a) Accommodations Described.--
(1) Designation of ballot pickup and collection
locations.--Given the widespread lack of residential mail
delivery in Indian Country, an Indian Tribe may designate
buildings as ballot pickup and collection locations with
respect to an election for Federal office at no cost to the
Indian Tribe. An Indian Tribe may designate one building per
precinct located within Indian lands. The applicable State or
political subdivision shall collect ballots from those
locations. The applicable State or political subdivision shall
provide the Indian Tribe with accurate precinct maps for all
precincts located within Indian lands 60 days before the
election.
(2) Provision of mail-in and absentee ballots.--The State
or political subdivision shall provide mail-in and absentee
ballots with respect to an election for Federal office to each
individual who is registered to vote in the election who
resides on Indian lands in the State or political subdivision
involved without requiring a residential address or a mail-in
or absentee ballot request.
(3) Use of designated building as residential and mailing
address.--The address of a designated building that is a ballot
pickup and collection location with respect to an election for
Federal office may serve as the residential address and mailing
address for voters living on Indian lands if the tribally
designated building is in the same precinct as that voter. If
there is no tribally designated building within a voter's
precinct, the voter may use another tribally designated
building within the Indian lands where the voter is located.
Voters using a tribally designated building outside of the
voter's precinct may use the tribally designated building as a
mailing address and may separately designate the voter's
appropriate precinct through a description of the voter's
address, as specified in section 9428.4(a)(2) of title 11, Code
of Federal Regulations.
(4) Language accessibility.--In the case of a State or
political subdivision that is a covered State or political
subdivision under section 203 of the Voting Rights Act of 1965
(52 U.S.C. 10503), that State or political subdivision shall
provide absentee or mail-in voting materials with respect to an
election for Federal office in the language of the applicable
minority group as well as in the English language, bilingual
election voting assistance, and written translations of all
voting materials in the language of the applicable minority
group, as required by section 203 of the Voting Rights Act of
1965 (52 U.S.C. 10503), as amended by subsection (b).
(5) Clarification.--Nothing in this section alters the
ability of an individual voter residing on Indian lands to
request a ballot in a manner available to all other voters in
the State.
(6) Definitions.--In this section:
(A) Indian.--The term ``Indian'' has the meaning
given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304).
(B) Indian lands.--The term ``Indian lands''
includes--
(i) any Indian country of an Indian Tribe,
as defined under section 1151 of title 18,
United States Code;
(ii) any land in Alaska owned, pursuant to
the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.), by an Indian Tribe that
is a Native village (as defined in section 3 of
that Act (43 U.S.C. 1602)) or by a Village
Corporation that is associated with an Indian
Tribe (as defined in section 3 of that Act (43
U.S.C. 1602));
(iii) any land on which the seat of the
Tribal Government is located; and
(iv) any land that is part or all of a
Tribal designated statistical area associated
with an Indian Tribe, or is part or all of an
Alaska Native village statistical area
associated with an Indian Tribe, as defined by
the Census Bureau for the purposes of the most
recent decennial census.
(C) Indian tribe.--The term ``Indian Tribe'' has
the meaning given the term ``Indian tribe'' in section
4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
(D) Tribal government.--The term ``Tribal
Government'' means the recognized governing body of an
Indian Tribe.
(7) Enforcement.--
(A) Attorney general.--The Attorney General may
bring a civil action in an appropriate district court
for such declaratory or injunctive relief as is
necessary to carry out this subsection.
(B) Private right of action.--
(i) A person or Tribal Government who is
aggrieved by a violation of this subsection may
provide written notice of the violation to the
chief election official of the State involved.
(ii) An aggrieved person or Tribal
Government may bring a civil action in an
appropriate district court for declaratory or
injunctive relief with respect to a violation
of this subsection, if--
(I) that person or Tribal
Government provides the notice
described in clause (i); and
(II)(aa) in the case of a violation
that occurs more than 120 days before
the date of an election for Federal
office, the violation remains and 90
days or more have passed since the date
on which the chief election official of
the State receives the notice under
clause (i); or
(bb) in the case of a violation
that occurs 120 days or less before the
date of an election for Federal office,
the violation remains and 20 days or
more have passed since the date on
which the chief election official of
the State receives the notice under
clause (i).
(iii) In the case of a violation of this
section that occurs 30 days or less before the
date of an election for Federal office, an
aggrieved person or Tribal Government may bring
a civil action in an appropriate district court
for declaratory or injunctive relief with
respect to the violation without providing
notice to the chief election official of the
State under clause (i).
(b) Bilingual Election Requirements.--Section 203 of the Voting
Rights Act of 1965 (52 U.S.C. 10503) is amended--
(1) in subsection (b)(3)(C), by striking ``1990'' and
inserting ``2010''; and
(2) by striking subsection (c) and inserting the following:
``(c) Provision of Voting Materials in the Language of a Minority
Group.--
``(1) In general.--Whenever any State or political
subdivision subject to the prohibition of subsection (b) of
this section provides any registration or voting notices,
forms, instructions, assistance, or other materials or
information relating to the electoral process, including
ballots, it shall provide them in the language of the
applicable minority group as well as in the English language.
``(2) Exceptions.--
``(A) In general.--
``(i) In the case of a minority group that
is not American Indian or Alaska Native and the
language of that minority group is oral or
unwritten, the State or political subdivision
shall only be required to furnish, in the
covered language, oral instructions,
assistance, translation of voting materials, or
other information relating to registration and
voting.
``(ii) In the case of a minority group that
is American Indian or Alaska Native, the State
or political subdivision shall only be required
to furnish in the covered language oral
instructions, assistance, or other information
relating to registration and voting, including
all voting materials, if the Tribal Government
of that minority group has certified that the
language of the applicable American Indian or
Alaska Native language is presently unwritten
or the Tribal Government does not want written
translations in the minority language.
``(3) Written translations for election workers.--
Notwithstanding paragraph (2), the State or political division
may be required to provide written translations of voting
materials, with the consent of any applicable Indian Tribe, to
election workers to ensure that the translations from English
to the language of a minority group are complete, accurate, and
uniform.''.
(c) Effective Date.--This section and the amendments made by this
section shall apply with respect to the regularly scheduled general
election for Federal office held in November 2020 and each succeeding
election for Federal office.
SEC. 120008. PAYMENTS BY ELECTION ASSISTANCE COMMISSION TO STATES TO
ASSIST WITH COSTS OF COMPLIANCE.
(a) Availability of Grants.--Subtitle D of title II of the Help
America Vote Act of 2002 (52 U.S.C. 21001 et seq.) is amended by adding
at the end the following new part:
``PART 7--PAYMENTS TO ASSIST WITH COSTS OF COMPLIANCE WITH ACCESS ACT
``SEC. 297. PAYMENTS TO ASSIST WITH COSTS OF COMPLIANCE WITH ACCESS
ACT.
``(a) Availability and Use of Payments.--
``(1) In general.--The Commission shall make a payment to
each eligible State to assist the State with the costs of
complying with the American Coronavirus/COVID-19 Election
Safety and Security Act and the amendments made by such Act,
including the provisions of such Act and such amendments which
require States to pre-pay the postage on absentee ballots and
balloting materials.
``(2) Public education campaigns.--For purposes of this
part, the costs incurred by a State in carrying out a campaign
to educate the public about the requirements of the American
Coronavirus/COVID-19 Election Safety and Security Act and the
amendments made by such Act shall be included as the costs of
complying with such Act and such amendments.
``(b) Primary Elections.--
``(1) Payments to states.--In addition to any payments
under subsection (a), the Commission shall make a payment to
each eligible State to assist the State with the costs incurred
in voluntarily electing to comply with the American
Coronavirus/COVID-19 Election Safety and Security Act and the
amendments made by such Act with respect to primary elections
for Federal office held in the State in 2020.
``(2) State political party-run primaries.--In addition to
any payments under paragraph (1), in the case of a State
voluntarily electing to comply with the American Coronavirus/
COVID-19 Election Safety and Security Act and the amendments
made by such Act with respect to primary elections for Federal
office held in the State in 2020, the Commission shall make a
payment to each eligible political party of the State for the
costs incurred by the party in transmitting absentee ballots
and balloting materials with respect to such elections
(including the costs relating to pre-paying the postage on the
return envelopes for such ballots and materials).
``(c) Pass-Through of Funds to Local Jurisdictions.--
``(1) In general.--If a State receives a payment under this
part for costs that include costs incurred by a local
jurisdiction or Tribal government within the State, the State
shall pass through to such local jurisdiction or Tribal
government a portion of such payment that is equal to the
amount of the costs incurred by such local jurisdiction or
Tribal government.
``(2) Tribal government defined.--In this subsection, the
term `Tribal Government' means the recognized governing body of
an Indian tribe (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(d) Schedule of Payments.--As soon as practicable after the date
of the enactment of this part and not less frequently than once each
calendar year thereafter, the Commission shall make payments under this
part.
``(e) Coverage of Commonwealth of Northern Mariana Islands.--In
this part, the term `State' includes the Commonwealth of the Northern
Mariana Islands.
``(f) Limitation.--No funds may be provided to a State under this
part for costs attributable to the electronic return of marked ballots
by any voter.
``SEC. 297A. AMOUNT OF PAYMENT.
``(a) In General.--Except as provided in section 297C, the amount
of a payment made to an eligible State for a year under this part shall
be determined by the Commission.
``(b) Continuing Availability of Funds After Appropriation.--A
payment made to an eligible State or eligible unit of local government
under this part shall be available without fiscal year limitation.
``SEC. 297B. REQUIREMENTS FOR ELIGIBILITY.
``(a) Application.--Except as provided in section 297C, each State
that desires to receive a payment under this part for a fiscal year,
and each political party of a State that desires to receive a payment
under section 297(b)(2), shall submit an application for the payment to
the Commission at such time and in such manner and containing such
information as the Commission shall require.
``(b) Contents of Application.--Each application submitted under
subsection (a) shall--
``(1) describe the activities for which assistance under
this part is sought; and
``(2) provide such additional information and
certifications as the Commission determines to be essential to
ensure compliance with the requirements of this part.
``SEC. 297C. SPECIAL RULES FOR PAYMENTS FOR ELECTIONS SUBJECT TO
EMERGENCY RULES.
``(a) Submission of Estimated Costs.--If the special rules in the
case of an emergency period under section 322(c)(3) apply to an
election, not later than the applicable deadline under subsection (c),
the State shall submit to the Commission a request for a payment under
this part, and shall include in the request the State's estimate of the
costs the State expects to incur in the administration of the election
which are attributable to the application of such special rules to the
election.
``(b) Payment.--Not later than 7 days after receiving a request
from the State under subsection (a), the Commission shall make a
payment to the State in an amount equal to the estimate provided by the
State in the request.
``(c) Applicable Deadline.--The applicable deadline under this
paragraph with respect to an election is--
``(1) with respect to the regularly scheduled general
election for Federal office held in November 2020, 15 days
after the date of the enactment of this part; and
``(2) with respect to any other election, 15 days after the
emergency or disaster described in section 322(c)(3) is
declared.
``SEC. 297D. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for payments under this
part--
``(1) in the case of payments made under section 297C, such
sums as may be necessary for fiscal year 2020 and each
succeeding fiscal year; and
``(2) in the case of any other payments, such sums as may
be necessary for fiscal year 2020.
``SEC. 297E. REPORTS.
``(a) Reports by Recipients.--Not later than 6 months after the end
of each fiscal year for which an eligible State received a payment
under this part, the State shall submit a report to the Commission on
the activities conducted with the funds provided during the year.
``(b) Reports by Commission to Committees.--With respect to each
fiscal year for which the Commission makes payments under this part,
the Commission shall submit a report on the activities carried out
under this part to the Committee on House Administration of the House
of Representatives and the Committee on Rules and Administration of the
Senate.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to subtitle D of
title II the following:
``Part 7--Payments to Assist With Costs of Compliance With Access Act
``Sec. 297. Payments to assist with costs of compliance with Access
Act.
``Sec. 297A. Amount of payment.
``Sec. 297B. Requirements for eligibility.
``Sec. 297C. Authorization of appropriations.
``Sec. 297D. Reports.''.
SEC. 120009. GRANTS TO STATES FOR CONDUCTING RISK-LIMITING AUDITS OF
RESULTS OF ELECTIONS.
(a) Availability of Grants.--Subtitle D of title II of the Help
America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by
section 8(a), is further amended by adding at the end the following new
part:
``PART 8--GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF
ELECTIONS
``SEC. 298. GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF
ELECTIONS.
``(a) Availability of Grants.--The Commission shall make a grant to
each eligible State to conduct risk-limiting audits as described in
subsection (b) with respect to the regularly scheduled general
elections for Federal office held in November 2020 and each succeeding
election for Federal office.
``(b) Risk-Limiting Audits Described.--In this part, a `risk-
limiting audit' is a post-election process--
``(1) which is conducted in accordance with rules and
procedures established by the chief State election official of
the State which meet the requirements of subsection (c); and
``(2) under which, if the reported outcome of the election
is incorrect, there is at least a predetermined percentage
chance that the audit will replace the incorrect outcome with
the correct outcome as determined by a full, hand-to-eye
tabulation of all votes validly cast in that election that
ascertains voter intent manually and directly from voter-
verifiable paper records.
``(c) Requirements for Rules and Procedures.--The rules and
procedures established for conducting a risk-limiting audit shall
include the following elements:
``(1) Rules for ensuring the security of ballots and
documenting that prescribed procedures were followed.
``(2) Rules and procedures for ensuring the accuracy of
ballot manifests produced by election agencies.
``(3) Rules and procedures for governing the format of
ballot manifests, cast vote records, and other data involved in
the audit.
``(4) Methods to ensure that any cast vote records used in
the audit are those used by the voting system to tally the
election results sent to the chief State election official and
made public.
``(5) Procedures for the random selection of ballots to be
inspected manually during each audit.
``(6) Rules for the calculations and other methods to be
used in the audit and to determine whether and when the audit
of an election is complete.
``(7) Procedures and requirements for testing any software
used to conduct risk-limiting audits.
``(d) Definitions.--In this part, the following definitions apply:
``(1) The term `ballot manifest' means a record maintained
by each election agency that meets each of the following
requirements:
``(A) The record is created without reliance on any
part of the voting system used to tabulate votes.
``(B) The record functions as a sampling frame for
conducting a risk-limiting audit.
``(C) The record contains the following information
with respect to the ballots cast and counted in the
election:
``(i) The total number of ballots cast and
counted by the agency (including undervotes,
overvotes, and other invalid votes).
``(ii) The total number of ballots cast in
each election administered by the agency
(including undervotes, overvotes, and other
invalid votes).
``(iii) A precise description of the manner
in which the ballots are physically stored,
including the total number of physical groups
of ballots, the numbering system for each
group, a unique label for each group, and the
number of ballots in each such group.
``(2) The term `incorrect outcome' means an outcome that
differs from the outcome that would be determined by a full
tabulation of all votes validly cast in the election,
determining voter intent manually, directly from voter-
verifiable paper records.
``(3) The term `outcome' means the winner of an election,
whether a candidate or a position.
``(4) The term `reported outcome' means the outcome of an
election which is determined according to the canvass and which
will become the official, certified outcome unless it is
revised by an audit, recount, or other legal process.
``SEC. 298A. ELIGIBILITY OF STATES.
``A State is eligible to receive a grant under this part if the
State submits to the Commission, at such time and in such form as the
Commission may require, an application containing--
``(1) a certification that, not later than 5 years after
receiving the grant, the State will conduct risk-limiting
audits of the results of elections for Federal office held in
the State as described in section 298;
``(2) a certification that, not later than one year after
the date of the enactment of this section, the chief State
election official of the State has established or will
establish the rules and procedures for conducting the audits
which meet the requirements of section 298(c);
``(3) a certification that the audit shall be completed not
later than the date on which the State certifies the results of
the election;
``(4) a certification that, after completing the audit, the
State shall publish a report on the results of the audit,
together with such information as necessary to confirm that the
audit was conducted properly;
``(5) a certification that, if a risk-limiting audit
conducted under this part leads to a full manual tally of an
election, State law requires that the State or election agency
shall use the results of the full manual tally as the official
results of the election; and
``(6) such other information and assurances as the
Commission may require.
``SEC. 298B. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for grants under this
part $20,000,000 for fiscal year 2020, to remain available until
expended.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by section 8(b), is further amended by adding at the end of the
items relating to subtitle D of title II the following:
``Part 8--Grants for Conducting Risk-Limiting Audits of Results of
Elections
``Sec. 298. Grants for conducting risk-limiting audits of
results of elections.
``Sec. 298A. Eligibility of States.
``Sec. 298B. Authorization of appropriations.
(c) GAO Analysis of Effects of Audits.--
(1) Analysis.--Not later than 6 months after the first
election for Federal office is held after grants are first
awarded to States for conducting risk-limiting audits under
part 8 of subtitle D of title II of the Help America Vote Act
of 2002 (as added by subsection (a)) for conducting risk-
limiting audits of elections for Federal office, the
Comptroller General of the United States shall conduct an
analysis of the extent to which such audits have improved the
administration of such elections and the security of election
infrastructure in the States receiving such grants.
(2) Report.--The Comptroller General of the United States
shall submit a report on the analysis conducted under
subsection (a) to the appropriate congressional committees.
SEC. 120010. ADDITIONAL APPROPRIATIONS FOR THE ELECTION ASSISTANCE
COMMISSION.
(a) In General.--In addition to any funds otherwise appropriated to
the Election Assistance Commission for fiscal year 2020, there is
authorized to be appropriated $3,000,000 for fiscal year 2020 in order
for the Commission to provide additional assistance and resources to
States for improving the administration of elections.
(b) Availability of Funds.--Amounts appropriated pursuant to the
authorization under this subsection shall remain available without
fiscal year limitation.
DIVISION M--OVERSIGHT AND ACCOUNTABILITY
SEC. 130001. CORONAVIRUS ACCOUNTABILITY AND TRANSPARENCY COMMITTEE.
(a) Establishment of the Coronavirus Accountability and
Transparency Committee.--There is established the Coronavirus
Accountability and Transparency Committee within the Council of the
Inspectors General on Integrity and Efficiency to coordinate and
support Inspectors General in conducting oversight of covered funds to
detect and prevent fraud, waste, and abuse.
(b) Composition of Committee.--
(1) Chairperson.--The Chairperson of the Committee shall be
an Inspector General, identified in paragraph (2)(A) with
experience managing oversight of large organizations and
expenditures and shall be selected by the Chair of the Council
of the Inspectors General on Integrity and Efficiency.
(2) Members.--The members of the Committee shall include--
(A) the Inspectors General of the Departments of
Commerce, Defense, Education, Health and Human
Services, Homeland Security, Labor, Transportation,
Treasury, Treasury Inspector General for Tax
Administration, Veterans Affairs, and the Small
Business Administration; and
(B) any other Inspector General as designated by
the Chair of the Council of the Inspectors General on
Integrity and Efficiency.
(c) Functions of the Committee.--
(1) Functions.--
(A) In general.--The Committee shall coordinate and
assist Inspectors General in the oversight of covered
funds and the response of the Executive Branch to the
Coronavirus Pandemic in order to prevent fraud, waste,
and abuse.
(B) Specific functions.--The functions of the
Committee shall include--
(i) developing a strategic plan to ensure
Inspectors General effectively and efficiently
conduct comprehensive oversight over all
aspects of the covered funds and the response
by the Executive Branch to the Coronavirus;
(ii) serving as a liaison to the Director
of the Office of Management and Budget,
Secretary of the Treasury, and other officials
responsible for implementing this Act;
(iii) supporting audits and investigations
of covered funds to determine whether wasteful
spending, poor contract or grant management, or
other abuses are occurring and referring
matters the Committee considers appropriate for
audit or investigation to the Inspector General
for the agency that disbursed the covered funds
or more than one Inspector General, as
appropriate;
(iv) supporting reviews of contracts,
grants, and other assistance that use using
covered funds or that are otherwise related to
Coronavirus by assessing whether--
(I) the contracts, grants, and
other assistance meet applicable
standards;
(II) the contracts, grants, and
other assistance adequately specify the
purpose of the contract, grant, or
other assistance, as well as applicable
measures of performance; and
(III) there are sufficient
qualified acquisition and grant
personnel overseeing the use of covered
funds; and
(v) reviewing whether there are appropriate
mechanisms for interagency collaboration
relating to covered funds, including
coordinating and collaborating to the extent
practicable with State and local government
entities.
(2) Reports.--
(A) Reports.--The Committee shall submit to the
President and Congress, including the appropriate
congressional committees, timely alerts on current or
potential management and funding problems that require
immediate attention. The Committee also shall submit to
Congress such other reports as the Committee considers
appropriate on the use and benefits of covered funds
and the response of the Executive Branch to the
Coronavirus.
(B) Biannual reports.--The Committee shall submit
reports every six months to the President and the
appropriate congressional committees, summarizing the
findings of the Committee and Inspectors General of
agencies. The Committee may submit additional reports
as appropriate.
(C) Public availability.--
(i) In general.--All reports submitted
under this paragraph shall be made publicly
available and posted on the website established
by subsection (e).
(ii) Redactions.--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.
(3) Recommendations.--
(A) In general.--The Committee, in coordination
with the member Inspectors General, shall make
recommendations to agencies and to Congress, including
the appropriate committees, on measures to prevent
fraud, waste, and abuse relating to covered funds.
(B) Responsive reports.--Not later than 30 days
after receipt of a recommendation under subparagraph
(A), an agency shall submit a report to the President,
the congressional committees of jurisdiction, and the
appropriate congressional committees, on--
(i) whether the agency agrees or disagrees
with the recommendations; and
(ii) any specific action or action plan the
agency will take to implement the
recommendations.
(d) Powers and Authorities of the Committee.--
(1) In general.--The Committee shall coordinate and support
investigations, audits and reviews of spending of covered funds
to avoid duplication and overlap of work and ensure that there
are not gaps in oversight activities by the member Inspectors
General. If a gap in oversight is identified, the Committee
shall request that an Inspector General or more than one
Inspector General, designated by the Chair, conduct the
appropriate audit or review.
(2) Audits and investigations.--The Committee may--
(A) provide all necessary support to an Inspector
General or Inspectors General in the conduct of
investigations, audits, evaluations, and reviews
relating to covered funds and Coronavirus response; and
(B) collaborate on investigations, audits and
reviews relating to covered funds and Coronavirus
response with any Inspector General of an agency or
more than one Inspectors General.
(3) Authorities.--
(A) Audits and investigations.--In providing
assistance to Inspectors General in the conduct of
investigations, audits and reviews, the Committee shall
have the authorities provided under section 6 of the
Inspector General Act of 1978 (5 U.S.C. App.). The
Committee may issue subpoenas to compel the testimony
of persons and may enforce subpoenas in the event of a
refusal to obey by order of any appropriate United
States district court as provided for Inspector General
subpoenas under section 6 of the Inspector General Act
of 1978 (5 U.S.C. App.).
(B) Standards and guidelines.--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) Report of refusals.--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 committees.
(D) Information and assistance.--Upon request of
the Committee for information or assistance from any
agency or other entity of the Federal Government, or
any recipient under this Act, the 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, as
amended, furnish such information or assistance to the
Committee.
(4) Contracts.--The Council may enter into contracts to
enable the Committee to discharge its duties under this Act,
including contracts for audits, studies, analyses, and other
services with public agencies and private persons, and make
such payments as may be necessary to carry out the duties of
the Committee.
(5) Transfer of funds.--The Council may transfer funds
appropriated to the Council under this section for
administrative support services and any audits, investigations,
reviews, or other activities to any office of Inspector
General.
(6) Employment and personnel authorities.--
(A) In general.--
(i) Authorities.--The Council 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 Committee's functions
under this section.
(ii) Application.--For purposes of
exercising the authorities described under
clause (i), the term ``Chairperson of the
Council'' shall be substituted for the term
``head of a temporary organization''.
(iii) Consultation.--In exercising the
authorities described under clause (i), the
Chairperson shall consult with members of the
Committee.
(iv) Employment authorities.--In exercising
the employment authorities under subsection (b)
of section 3161 of title 5, United States Code,
paragraph (2) of subsection (b) of section 3161
of that title (relating to periods of
appointments) shall not apply and no period of
appointment may exceed the date on which the
Committee terminates under subsection (i).
(v) Detail of personnel.--In addition to
the authority provided by subsection (c) of
section 3161 of title 5, United States Code,
upon the request of an Inspector General, the
Council may detail, on a nonreimbursable basis,
any personnel of the Committee to that
Inspector General to assist in carrying out any
audit or investigation referred to the
Inspector General by the Committee.
(vi) Rehiring annuitants.--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. The employment of
annuitants under this subparagraph 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.
(vii) Competitive status.--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. No person who is first employed
more than 2 years after the date of the
enactment of this Act may acquire competitive
status under this authority.
(e) Committee Website.--
(1) Establishment.--The Committee shall utilize
www.Oversight.gov to establish and maintain, no later than 30
days after the enactment of this Act, a public-facing website
for accountability and transparency in the use of covered
funds.
(2) Purpose.--The website established and maintained under
paragraph (1) shall provide information relating to
implementation of this Act and provide connections to other
government websites with related information.
(3) Content and function.--In establishing the website
established and maintained under paragraph (1), the Committee
shall ensure the website--
(A) provides materials explaining what this Act
means for citizens in plain language and shall be
regularly updated;
(B) provides accountability information, including
findings from audits, investigations, or reviews
conducted by the Committee, Inspectors General, and the
Government Accountability Office;
(C) provides data made available in a searchable,
sortable, downloadable, and machine-readable format;
(D) provides--
(i) data on how funds provided under this
Act are spent including through relevant
economic, financial, grant, subgrant, contract,
subcontract, loan, and other relevant
information with a unique, trackable
identification number for each project where
applicable; and
(ii) information about the process that was
used for the award of loans, grants, or
contracts, and for contracts over $150,000, an
explanation of the contract agreement where
applicable;
(E) includes searchable, sortable, downloadable,
machine-readable reports on covered funds obligated by
month to each State and congressional district where
applicable;
(F) includes detailed information on Federal
Government contracts, grants, and loans that expend
covered funds, using, where applicable, the data
elements required by the Digital Access and
Transparency Act (Public Law 113-101), and shall allow
for aggregate reporting on awards below $50,000 or to
individuals, as prescribed by the Director of the
Office of Management and Budget;
(G) includes appropriate links to other government
websites with information concerning covered funds,
including Federal agency and State websites;
(H) provides information on Federal allocations of
formula grants and awards of competitive grants using
covered funds;
(I) provides, if applicable, information on Federal
allocations of mandatory and other entitlement programs
by State, county, or other appropriate geographical
unit;
(J) be enhanced and updated as necessary to carry
out the purposes of this section; and
(K) presents the data such that funds subawarded by
recipients are not double counted in search results,
data visualizations or other reports.
(4) Waiver.--The Committee may exclude posting contractual
or other information on the website on a case-by-case basis
when necessary to protect information that is not subject to
disclosure under sections 552 and 552a of title 5, United
States Code.
(f) Independence of Inspectors General.--
(1) Independent authority.--Nothing in this section shall
affect the independent authority of an Inspector General or the
Comptroller General to determine whether to conduct an audit or
investigation of covered funds.
(2) Requests by committee.--If the Committee requests that
an Inspector General conduct or refrain from conducting an
audit or investigation and such Inspector General rejects such
request in whole or in part, such Inspector General shall, not
later than 30 days after rejecting the request, submit a report
to the appropriate congressional committees. The report shall
state the reasons that such Inspector General has rejected the
request in whole or in part.
(g) Coordination With the Comptroller General and State Auditors.--
The Committee shall coordinate its oversight activities with the
Comptroller General of the United States and State and local auditors.
(h) Authorization of Appropriations.--For the purposes of carrying
out the mission of the Council of the Inspectors General on Integrity
and Efficiency under section 11 of the Inspector General Act of 1978 (5
U.S.C. App.) and to carry out this section, there are authorized to be
appropriated into the revolving fund described in subsection (c)(3)(B)
of such section, out of any amount in the Treasury not otherwise
appropriated, $100,000,000 to carry out the duties and functions of the
Council.
(i) Termination of the Committee.--The Committee and its
authorities and responsibilities shall terminate on the later of--
(1) the date the last grant administered under this Act is
expended;
(2) the date the last contract administered under this Act
expires;
(3) the date the last loan or loan guarantee provided under
this Act matures or expires, as appropriate; or
(4) the date the last instrument or asset acquired by the
Federal Government has been sold or transferred out of the
ownership or control of the Federal Government, or otherwise
disposed of.
(j) Definitions.--In this section:
(1) Committee.--The term ``Committee'' means the
Coronavirus Accountability and Transparency Committee
established in subsection (a).
(2) Covered funds.--The term ``covered funds'' means any
funds that are made available, in any form, under this Act.
(3) Recipient.--The term ``recipient'' means a recipient of
Federal funds under this Act.
(4) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committees
on Appropriations and Homeland Security of the Senate and
Committees on Appropriations and Oversight and Reform in the
House of Representatives.
SEC. 130002. GAO OVERSIGHT AND AUDIT AUTHORITY.
(a) Authority.--The Comptroller General shall conduct monitoring
and oversight of the exercise of authorities under this Act or any
other Act to prepare for, respond to, and recover from the Coronavirus
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 pandemic.
(b) Briefings and Reports.--In conducting monitoring and oversight
under subsection (a), 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 expires, offer regular briefings on not less
frequently than a monthly basis to the appropriate
congressional committees regarding Federal public health and
homeland security efforts;
(2) publish reports regarding the ongoing monitoring and
oversight efforts, which, along with any audits and
investigations conducted by the Comptroller General, shall be
submitted to the appropriate congressional committees and
posted on the website of the Government Accountability Office--
(A) not later than 90 days after the date of
enactment of this Act, 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.
(c) Access to Information.--
(1) Right of access.--In conducting monitoring and
oversight activities under this section, the Comptroller
General shall have access to records, upon request, of any
Federal, State, or local agency, contractor, grantee,
recipient, or subrecipient pertaining to any Federal effort or
assistance of any type related to Coronavirus under this Act or
any other Act, including private entities receiving such
assistance.
(2) Copies.--The Comptroller General may make and retain
copies of any records accessed under paragraph (1) as the
Comptroller General determines appropriate.
(3) Interviews.--In addition to such other authorities as
are available, the Comptroller General or a designee of the
Comptroller General may interview Federal, State, or local
officials, contractor staff, grantee staff, recipients, or
subrecipients pertaining to any Federal effort or assistance of
any type related to Coronavirus 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
Coronavirus.
(5) Enforcement.--Access rights under this subsection shall
be subject to enforcement consistent with section 716 of title
31, United States Code.
(d) 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.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--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;
(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.
(2) Comptroller general.--The term ``Comptroller General''
means the Comptroller General of the United States.
DIVISION N--U.S. POSTAL SERVICE PROVISIONS
SEC. 140001. ELIMINATION OF USPS DEBT; ADDITIONAL BORROWING AUTHORITY.
(a) In General.--Notwithstanding any other provision of law--
(1) any outstanding debt of the United States Postal
Service owed to the Treasury pursuant to sections 2005 and 2011
of title 5, United States Code, on the date of the enactment of
this Act is hereby cancelled; and
(2) after the date of the enactment of this Act, the United
States Postal Service is authorized to borrow money from the
Treasury in an amount not to exceed $15,000,000,000 to carry
out the duties and responsibilities of the Postal Service,
including those under title 39, United States Code, and the
Secretary of the Treasury shall lend up to such amount at the
request of the Postal Service.
(b) Repeal of Fiscal Year Borrowing Limit.--Section 2005(a)(1) of
title 39, United States Code, is amended by striking ``In any one
fiscal year,'' and all that follows through the period.
SEC. 140002. PRIORITIZATION OF DELIVERY FOR MEDICAL PURPOSES DURING
COVID-19 EMERGENCY.
Notwithstanding any other provision of law, the United States
Postal Service--
(1) shall prioritize delivery of postal products for
medical purposes during the emergency, declared by the
President under section 501 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5191) on March
13, 2020, based on the outbreak of COVID-19;
(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; and
(3) may institute flexible delivery, in such form and
manner as the Postal Service determines necessary, in the event
operations or employees of the Postal Service are impacted by
the COVID-19 outbreak described in paragraph (1).
DIVISION O--FEDERAL WORKFORCE PROVISIONS
SEC. 150001. REIMBURSEMENT FOR CHILD AND FAMILY CARE FOR FEDERAL
EMPLOYEES DURING COVID-19 PANDEMIC.
(a) In General.--During the period beginning on the date of
enactment of this Act and ending on December 31, 2020, any employee who
is unable to care for a dependent child of the employee or a relative
of the employee who has COVID-19 as a result of the employee being
required to report to their duty station (either permanent or
temporary) or to telework shall be entitled to reimbursement for the
costs of such care.
(b) Application.--
(1) In general.--Any payment provided by operation of
subsection (a) shall be paid on a monthly basis, with payments
being made to the employee on the last day of each month.
(2) Submission of receipts.--For purposes of determining
reimbursement amounts, each employee shall submit to their
employing office receipts or other documents as the office may
require.
(3) Limit.--Reimbursement may not be paid to any employee
under this section for any month in an amount greater than
$2,000 per child or relative.
(c) Definitions.--In this section--
(1) the term ``employee'' means any individual occupying a
position in the civil service (as that term is defined in
section 2101(1) of title 5, United States Code); and
(2) the terms ``dependent child'' and ``relative'' have the
meaning given those terms in paragraphs (2) and (16),
respectively, of section 109 of the Ethics in Government Act of
1978 (5 U.S.C. App. 109(2)).
SEC. 150002. FEDERAL CONTRACTOR REIMBURSEMENT.
Not later than 10 calendar days after the date of the enactment of
this Act, the Director of the Office of Management and Budget, in
consultation with the Administrator of the Office of Federal
Procurement Policy, shall issue guidance to the head of each executive
agency to provide equitable adjustment for any contractor under a
contract with the Federal Government whose work was disrupted as a
result of measures taken with respect to COVID-19. For purposes of this
section, work disruption shall include denial of access to Federal
facilities, supply chain disruptions, use of annual leave by
individuals employed to fulfill the contract, and furloughs of
individuals employed to fulfill the contract.
SEC. 150003. WEATHER AND SAFETY LEAVE FOR COVID-19.
(a) In General.--Beginning on the date of enactment of this Act and
ending on December 31, 2020, subsection (b)(3) of section 6329c of
title 5, United States Code, shall be applied by substituting
``approved location, including by reason of the inability to travel or
access work stations as a result of COVID-19'' for ``approved
location''.
(b) Approved Location.--Such section is amended in subsection (a)--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the term `approved location' means any location at
which an employee has been approved to perform work, including
any Federal office, a teleworking site, or other location as
determined by the head of the agency at which the employee is
employed.''.
(c) Rule of Construction.--Notwithstanding subparagraph (B) of
subsection (a)(2) of such section, intermittent employees described in
such subparagraph shall be eligible for the leave provided by operation
of subsection (a) of this section.
SEC. 150004. COVID-19 TELEWORKING REQUIREMENTS FOR FEDERAL EMPLOYEES.
(a) Mandated Telework.--
(1) In general.--Effective immediately upon the date of
enactment of this Act, the head of any Federal agency shall
require any employee of such agency who is authorized to
telework under chapter 65 of title 5, United States Code, or
any other provision of law to telework during the period
beginning on the date of enactment of this Act and ending on
December 31, 2020.
(2) Definitions.--In this subsection--
(A) the term ``employee'' means any individual
occupying a position in the civil service (as that term
is defined in section 2101(1) of title 5, United States
Code); and
(B) the term ``telework'' has the meaning given
that term in section 6501(3) of such title.
(b) Telework Participation Goals.--Chapter 65 of title 5, United
States Code, is amended as follows:
(1) In section 6502--
(A) in subsection (b)--
(i) in paragraph (4), by striking ``and''
at the end;
(ii) in paragraph (5), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(6) include annual goals for increasing the percent of
employees of the executive agency participating in
teleworking--
``(A) three or more days per pay period;
``(B) one or 2 days per pay period;
``(C) once per month; and
``(D) on an occasional, episodic, or short-term
basis; and
``(7) include methods for collecting data on, setting goals
for, and reporting costs savings to the executive agency
achieved through teleworking, consistent with the guidance
developed under section 150004(c) of the Take Responsibility
for Workers and Families Act.''; and
(B) by adding at the end the following:
``(d) Notification for Reduction in Teleworking Participation.--Not
later than 30 days before the date that an executive agency implements
or modifies a teleworking plan that would reduce the percentage of
employees at the agency who telework, the head of the executive agency
shall provide written notification, including a justification for the
reduction in telework participation and a description of how the agency
will pay for any increased costs resulting from that reduction, to--
``(1) the Director of the Office of Personnel Management;
``(2) the Committee on Oversight and Reform of the House of
Representatives; and
``(3) the Committee on Homeland Security and Governmental
Affairs of the Senate.
``(e) Prohibition on Agency-Wide Limits on Teleworking.--An agency
may not prohibit any delineated period of teleworking participation for
all employees of the agency, including the periods described in
subparagraphs (A) through (D) of subsection (b)(6). The agency shall
make any teleworking determination with respect to an employee or group
of employees at the agency on a case-by-case basis.''.
(2) In section 6506(b)(2)--
(A) in subparagraph (F)(vi), by striking ``and'' at
the end;
(B) in subparagraph (G), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(H) agency cost savings achieved through
teleworking, consistent with the guidance developed
under section 2(c) of the Telework Metrics and Cost
Savings Act; and
``(I) a detailed explanation of a plan to increase
the Government-wide teleworking participation rate
above such rate applicable to fiscal year 2016,
including agency-level plans to maintain or improve
such rate for each of the teleworking frequency
categories listed under subparagraph (A)(iii).''.
(c) Guidance.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Office of Personnel
Management, in collaboration with the Chief Human Capital Officer
Council, shall establish uniform guidance for agencies on how to
collect data on, set goals for, and report cost savings achieved
through, teleworking. Such guidance shall account for cost savings
related to travel, energy use, and real estate.
(d) Technical Correction.--Section 6506(b)(1) of title 5, United
States Code, is amended by striking ``with Chief'' and inserting ``with
the Chief''.
SEC. 150005. PAY DIFFERENTIAL FOR DUTY RELATED TO COVID-19.
(a) In General.--Section 5545 of title 5, United States Code, is
amended by adding at the end the following:
``(e)(1) The Office shall establish a schedule or schedules of pay
differentials for duty during which an employee is exposed to an
individual who has (or who has been exposed to) COVID-19.
``(2) Under such regulations as the Office may prescribe, during
the period beginning on March 15, 2020, and ending on September 30,
2020, an employee to whom chapter 51 and subchapter III of chapter 53
applies, and an employee appointed under chapter 73 or 74 of title 38,
is entitled to be paid the differential under paragraph (1) for any
period in which the employee is carrying out the duty described in such
paragraph.''.
(b) TSA Employees.--Section 111(d)(2) of the Aviation and
Transportation Security Act (49 U.S.C. 44935 note) is amended by adding
at the end the following:
``(C) Hazardous duty pay for covid-19.--The
provisions of section 5545(e) of title 5, United States
Code, shall to apply to any individual appointed under
paragraph (1).''.
SEC. 150006. WORKERS' COMPENSATION FOR CERTAIN FEDERAL EMPLOYEES WHO
CONTRACT COVID-19.
(a) In General.--Chapter 81 of title 5, United States Code, is
amended by--
(1) by redesigating section 8152 as section 8153; and
(2) by inserting after section 8151 the following:
``Sec. 8152. Workers' compensation for certain Federal employees who
contract COVID-19
``(a) Any employee described in subsection (b) who is diagnosed
with COVID-19 (as defined in ____) during the period between January
30, 2020, and January 30, 2022, shall, upon application, presumptively
be entitled to disability compensation, medical services, and any other
benefit provided under this chapter.
``(b) An employee described in this subsection is any of the
following:
``(1) An employee whose duties involve the provision of
health care or protection of public health performance of
duties in a health care facility or operation.
``(2) A first responder.
``(3) A law enforcement officer (as that term is defined in
section 8331(20) or 8401(17)).
``(4) A transportation security officer.
``(5) An employee of the United States Postal Service,
Department of Veterans Affairs, Veterans Health Administration,
and Indian Health Services.
``(6) Any employee carrying out duties that require
substantial contact with the public.
``(7) Any employee whose duties include a recognized risk
of exposure to the coronavirus (as that term is defined in
section 506 of the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020).''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended--
(1) by redesignating the item relating to section 8152 as
section 8153; and
(2) by inserting after the item relating to section 8151
the following:
``8152. Workers' compensation for certain Federal employees who
contract COVID-19.''.
DIVISION P--FEDERAL EMPLOYEE COLLECTIVE BARGAINING AND OFFICIAL TIME
SEC. 160001. SHORT TITLE.
This division may be cited as the ``Protecting Collective
Bargaining and Official Time for Federal Workers Act''.
SEC. 160002. FINDINGS.
Congress finds the following:
(1) Federal Unions play a critical role in protecting the
rights of Federal workers by allowing members to have a
collective voice on the job and in the legislative process,
advance issues for working families, ensure equal opportunities
for all workers, and raise the standards by which all
professional and technical workers are employed.
(2) Collective bargaining is essential to the union
process, because it provides mutual agreement between all
parties that fosters harmonious relationships between the
Federal Government and its employees and protects the interest
of both parties.
(3) The current administration has acted through Executive
Orders and official memorandums to dismantle Federal Unions and
undermine their collective bargaining rights across the Federal
workforce and these directives have already negatively impacted
labor contracts, both signed and under active negotiation.
(4) These orders set an aggressive schedule for unions to
engage in collective bargaining, while also slashing the unions
official time for performing union duties by over 91 percent in
some cases. These actions are limiting the ability for unions
to prepare for negotiations and perform their legally required
employee representational duties.
(5) Section 7101(a) of title 5, United States Code, states,
``Congress finds that labor organizations and collective
bargaining in the civil service are in the public interest.''.
Attempting to eliminate the Union by eliminating almost all its
official time repudiates the statutory position that unions are
in the public interest.
(6) Through these orders, agencies are required to comply
with artificial bargaining schedules, which undermine good
faith negotiations and divert the decision-making to an impasse
panel, which has no union representation on it and does not
represent both parties.
(7) Collectively, the administration's actions have
violated Congressional intent, undermined the ability of unions
to engage in collective bargaining, and threatened the rights
and benefits of millions of Federal workers.
SEC. 160003. NULLIFICATION OF EXECUTIVE ORDERS RELATING TO FEDERAL
EMPLOYEE COLLECTIVE BARGAINING.
Each of the following Executive Orders and presidential memorandum
are rescinded and shall have no force or effect:
(1) Executive Order 13837 (relating to the use of official
time).
(2) Executive Order 13836 (relating to Federal collective
bargaining).
(3) Executive Order 13839 (relating to the Merit Systems
Protection Board).
(4) The Presidential Memorandum on the Delegation of
Certain Authority under the Federal Service Labor-Management
Relations Statute, issued to the Secretary of Defense on
January 29, 2020.
DIVISION Q--VETERAN CORONAVIRUS RESPONSE ACT OF 2020
SEC. 170001. SHORT TITLE.
This division may be cited as the ``Student Veteran Coronavirus
Response Act of 2020''.
SEC. 170002. PAYMENT OF WORK-STUDY ALLOWANCES DURING EMERGENCY
SITUATIONS.
Section 3485 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(f)(1) In case of an individual who is in receipt of work-study
allowance pursuant to an agreement described in subsection (a)(3) as of
the date on which an emergency situation occurs and who is unable to
continue to perform qualifying work-study activities described in
subsection (a)(4) by reason of the emergency situation--
``(A) the Secretary may continue to pay work-study
allowance under this section or make deductions described in
subsection (e)(1) during the period of such emergency
situation, notwithstanding the inability of the individual to
perform such work-study activities by reason of such emergency
situation; and
``(B) at the option of the individual, the Secretary shall
extend the agreement described in subsection (a)(3) with the
individual for any subsequent period of enrollment initiated
during the emergency situation, notwithstanding the inability
of the individual to perform work-study activities described in
subsection (a)(4) by reason of such emergency situation.
``(2) The amount of work-study allowance payable to an individual
under paragraph (1)(A) during the period of an emergency situation
shall be an amount determined by the Secretary but may not exceed the
amount that would be payable under subsection (a)(2) if the individual
worked 25 hours per week paid during such period.''.
SEC. 170003. PAYMENT OF ALLOWANCES TO VETERANS ENROLLED IN EDUCATIONAL
INSTITUTIONS CLOSED FOR EMERGENCY SITUATIONS.
(a) Temporary Provision.--
(1) In general.--During the period beginning on March 1,
2020, and ending on December 21, 2020, the Secretary may pay
allowances to an eligible veteran or eligible person under
section 3680(a)(2)(A) of title 38, United States Code, if the
veteran or person is enrolled in a program or course of
education that--
(A) is provided by an educational institution that
is closed by reason of an emergency situation; or
(B) is suspended by reason of an emergency
situation.
(2) Amount of allowance.--The total number of weeks for
which allowances may be paid under this section may not exceed
four weeks.
(3) Not counted for purposes of limitation.--Any amount
paid under this section shall not be counted for purposes of
the limitation on allowanced under section 3680(a)(2)(A) of
title 38, United States Code.
(b) Permanent Provision.--Section 3680(a)(2) of title 38, United
States Code, is amended--
(1) in subparagraph (A), by striking ``12-month'' and
inserting ``six-month''; and
(2) in subparagraph (B)--
(A) by striking ``or following'' and inserting
``during periods following''; and
(B) by inserting after ``section 3699(b)(1)(B) of
this title,'' the following: ``, or during periods when
a course of study or program of education is
temporarily closed or terminated by reason of an
emergency situation,''.
SEC. 170004. PROHIBITION OF CHARGE TO ENTITLEMENT OF STUDENTS UNABLE TO
PURSUE A PROGRAM OF EDUCATION DUE TO AN EMERGENCY
SITUATION.
Section 3699(b)(1) of title 38, United States Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B)(ii), by striking ``and'' at the end
and inserting ``or'' ; and
(3) by adding at the end the following new subparagraph:
``(C) the temporary closure of an educational
institution or the temporary closure or termination of
a course or program of education by reason of an
emergency situation; and''.
SEC. 170005. EXTENSION OF TIME LIMITATIONS FOR USE OF ENTITLEMENT.
(a) Montgomery GI Bill.--Section 3031 of title 38, United States
Code, is amended by adding at the end the following new subsection:
``(i) In the case of an individual eligible for educational
assistance under this chapter who is prevented from pursuing the
individual's chosen program of education before the expiration of the
10-year period for the use of entitlement under this chapter otherwise
applicable under this section because the educational institution
closed (temporarily or permanently) under an established policy based
on an Executive order of the President or due to an emergency
situation, such 10-year period--
``(1) shall not run during the period the individual is so
prevented from pursuing such program; and
``(2) shall again begin running on the first day after the
individual is able to resume pursuit of a program of education
with educational assistance under this chapter.''.
(b) Post-9/11 Educational Assistance.--
(1) In general.--Section 3321(b)(1) of such title is
amended--
(A) by inserting ``(A)'' before ``Subsections'';
(B) by striking ``and (d)'' and inserting ``(d),
and (i)''; and by adding at the end the following new
subparagraph:
``(B) Subsection (i) of section 3031 shall apply with
respect to the running of the 15-year period described in
paragraphs (4)(A) and (5)(A) of this subsection in the same
manner as such subsection applies under section 3031 with
respect to the running of the 10-year period described in
section 3031(a).''.
(2) Transfer period.--Section 3319(h)(5) is amended--
(A) in subparagraph (A) by inserting ``or (C)''
after ``subparagraph (B)''; and
(B) by adding at the end the following new
subparagraph:
``(C) Emergency situations.--In any case in which
the Secretary determines that an individual to whom
entitlement is transferred under this section has been
prevented from pursuing the individual's chosen program
of education before the individual attains the age of
26 years because the educational institution closed
(temporarily or permanently) under an established
policy based on an Executive order of the President or
due to an emergency situation, the Secretary shall
extend the period during which the individual may use
such entitlement for a period equal to the number of
months that the individual was so prevented from
pursuing the program of education, as determined by the
Secretary.''.
(c) Vocational Rehabilitation and Training.--
(1) Period for use.--Section 3103 of such title is
amended--
(A) in subsection (a), by striking ``or (e)'' and
inserting ``(e), or (g)''; and
(B) by adding at the end the following new
subsection:
``(g) In any case in which the Secretary determines that a veteran
has been prevented from participating in a vocational rehabilitation
program under this chapter within the twelve-year period of eligibility
prescribed in subsection (a) by reason of an Executive order of the
President or due to an emergency situation, such twelve-year period--
``(1) shall not run during the period the individual is so
prevented from participating such program; and
``(2) shall again begin running on the first day after the
individual is able to resume participation in such program.''.
(2) Duration of program.--Section 3105(b) of such title is
amended--
(A) in paragraph (1), by striking ``paragraph (2)''
and inserting ``paragraphs (2) and (3)''; and
(B) by adding at the end the following new
paragraph:
``(3)(A) In any case in which the Secretary determines that a
veteran has been prevented from participating in counseling and
placement and postplacement services described in section 3104(a)(2)
and (5) of this title by reason of an Executive order of the President
or due to an emergency situation, the Secretary shall extend the period
during which the Secretary may provide such counseling and placement
and postplacement services for the veteran for a period equal to the
number of months that the veteran was so prevented from participating
in such counseling and services, as determined by the Secretary.
``(B) In any case in which the Secretary determines that a veteran
has been prevented from participating in a vocational rehabilitation
program under this chapter by reason of an Executive order of the
President or due to an emergency situation, the Secretary shall extend
the period of the veteran's vocational rehabilitation program for a
period equal to the number of months that the veteran was so prevented
from participating in the vocational rehabilitation program, as
determined by the Secretary.''.
(d) Educational Assistance for Members of the Selected Reserve.--
Section 16133(b) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(5) In any case in which the Secretary concerned determines that
a person entitled to educational assistance under this chapter has been
prevented from using such person's entitlement by reason of an
Executive order of the President or due to an emergency situation, the
Secretary concerned shall extend the period of entitlement prescribed
in subsection (a) for a period equal to the number of months that the
person was so prevented from using such entitlement, as determined by
the Secretary.''.
SEC. 170006. RESTORATION OF ENTITLEMENT TO REHABILITATION PROGRAMS FOR
VETERANS AFFECTED BY SCHOOL CLOSURE OR DISAPPROVAL.
(a) Entitlement.--Section 3699 of title 38, United States Code, is
amended by striking ``chapter 30,'' each time it appears and inserting
``chapter 30, 31,''.
(b) Payment of Subsistence Allowances.--Section 3680(a)(2)(B) of
title 38, United States Code, is amended--
(1) by inserting ``or a subsistence allowance described in
section 3108'' before ``, during''; and
(2) by inserting ``or allowance'' after ``such a stipend''.
(c) Effective Date.--The amendments made by this section shall
apply as if included in the enactment of section 109 of the Harry W.
Colmery Veterans Educational Assistance Act of 2017 (Public Law 115-48;
131 Stat. 978).
SEC. 170007. EXTENSION OF PAYMENT OF VOCATIONAL REHABILITATION
SUBSISTENCE ALLOWANCES.
In the case of any veteran who the Secretary of Veterans Affairs
determines is satisfactorily following a program of employment services
provided under section 3104(a)(5) of title 38, United States Code,
during period beginning on March 1, 2020, and ending on December 21,
2020, the Secretary may pay the veteran a subsistence allowance, as
prescribed in section 3108 of such title for full-time training for the
type of program that the veteran was pursuing, for two additional
months.''.
SEC. 170008. INCREASE OF AMOUNT OF DEPARTMENT OF VETERANS AFFAIRS
PAYMENTS FOR AID AND ATTENDANCE DURING EMERGENCY PERIOD
RESULTING FROM COVID-19 PANDEMIC.
(a) In General.--During the covered period, the Secretary of
Veterans Affairs shall apply each of the following provisions of title
38, United States Code, by substituting for the dollar amount in such
provision the amount equal to 125 percent of the dollar amount that was
in effect under such provision on the date of the enactment of this
Act:
(1) Subsections (l), (m), and (r) of section 1114.
(2) Paragraphs (1) and (2) of subsection (d) of section
1521.
(3) Paragraphs (2) and (4) of subsection (f) of section
1521.
(b) Covered Period.--In this section, the covered period is the
period that begins on the date of the enactment of this Act and ends 60
days after the last day of the emergency period (as defined in section
1135(g)(1) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)))
resulting from the COVID-19 pandemic.
SEC. 170009. TREATMENT OF WORK INJURY COMPENSATION CLAIMS FILED BY
EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS FOR
COVID-19.
(a) Eligibility.--Notwithstanding section 7425(b) of title 38,
United States Code, or any other provision of law, each employee of the
Department of Veterans Affairs (including employees under chapter 74 of
such title) shall be treated as an employee under chapter 81 of title
5, United States Code, for purposes of making claims under such chapter
relating to coronavirus disease 2019 (COVID-19).
(b) Presumption.--If an employee of the Department of Veterans
Affairs described in subsection (a) contracts coronavirus disease 2019
(COVID-19), such disease shall be presumed to have been proximately
caused by the employment of the employee for purposes of claims made
under chapter 81 of title 5, United States Code.
SEC. 170010. DEFERRAL OF CERTAIN DEBTS ARISING FROM LAWS ADMINISTERED
BY THE SECRETARY OF VETERANS AFFAIRS.
(a) In General.--With regard to a covered debt, the Secretary of
Veterans Affairs, during the covered period, may not take any of the
following actions:
(1) Collect a payment (including by the offset of any
payment by the Secretary).
(2) Record such a debt.
(3) Issue notice of such a debt to an individual or a
consumer reporting agency.
(4) Allow any interest to accrue.
(5) Apply any administrative fee.
(b) Exception.--Notwithstanding subsection (a), the Secretary may
collect a payment regarding a covered debt (including interest or any
administrative fee) from an individual who elects to make such a
payment during the covered period.
(c) Definitions.--In this section:
(1) The term ``consumer reporting agency'' has the meaning
given that term in section 5701 of title 38, United States
Code.
(2) The term ``covered debt'' means a debt owed--
(A) by an individual to the United States; and
(B) arising from a covered law.
(3) The term ``covered law'' means any law administered by
the Secretary of Veterans Affairs through--
(A) the Under Secretary for Health; or
(B) the Under Secretary of Benefits.
(4) The term ``covered period'' means--
(A) the COVID-19 emergency period; and
(B) the 60 days immediately following the date of
the end of the COVID-19 emergency period.
(5) The term ``COVID-19 emergency period'' means the
emergency period described in section 1135(g)(1)(B) of the
Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)).
DIVISION R--AVIATION WORKER RELIEF
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Aviation
Worker Relief Act of 2020''.
(b) Table of Contents.--The table of contents for this division is
as follows:
DIVISION R--AVIATION WORKER RELIEF
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--AVIATION WORKER RELIEF
Sec. 101. Pandemic relief for aviation workers.
Sec. 102. Procedures for financial assistance.
Sec. 103. Terms and conditions.
Sec. 104. Reports.
Sec. 105. Coordination.
TITLE II--LABOR PROTECTIONS
Sec. 201. Assistance irrespective of labor costs.
Sec. 202. Collective bargaining and snap-back.
Sec. 203. Protection of organizing activity.
Sec. 204. Working and travel conditions.
Sec. 205. Labor union representation on air carrier boards.
Sec. 206. Furloughed worker protections.
Sec. 207. Healthcare for unprotected workers.
Sec. 208. Employee wages and leave.
Sec. 209. Limitation on rejection of collective bargaining agreements.
Sec. 210. Increased wage priority.
Sec. 211. Rejection of collective bargaining agreements.
TITLE III--AIRLINE INDUSTRY FINANCIAL OVERSIGHT
Sec. 301. Creation of Office of Airline Industry Financial Oversight.
Sec. 302. Responsibilities of Office of Airline Industry Financial
Oversight.
Sec. 303. Access to information.
Sec. 304. Reports to Congress.
Sec. 305. Rulemaking authority.
Sec. 306. Authorization of appropriations.
TITLE IV--AIRPORT RELIEF
Sec. 401. Emergency pandemic funding for airports.
Sec. 402. Maintaining pre-crisis airport improvement program levels.
Sec. 403. National aviation preparedness plan.
TITLE V--SMALL COMMUNITY AIR SERVICE
Sec. 501. Continuation of certain air service.
Sec. 502. Tolling of EAS limitations.
Sec. 503. Sunset.
TITLE VI--CONSUMER PROTECTIONS
Sec. 601. Airline price gouging during disaster or emergency.
Sec. 602. Airline refunds during national disasters or emergencies.
Sec. 603. Conditions on airline ancillary fees.
TITLE VII--ENVIRONMENTAL PROTECTIONS
Sec. 701. Sustainable aviation fuel development program.
Sec. 702. Airline Assistance to Recycle and Save Program.
Sec. 703. Expansion of voluntary airport low emission program.
Sec. 704. Airline carbon emissions offsets and goals.
Sec. 705. Research and development of sustainable aviation fuels.
Sec. 706. Improving consumer information regarding release of
greenhouse gases from flights.
Sec. 707. Study on certain climate change mitigation efforts.
TITLE VIII--MISCELLANEOUS
Sec. 801. Separability.
Sec. 802. Application of law.
SEC. 2. DEFINITIONS.
Unless otherwise specified, the terms in section 40102(a) of title
49, United States Code, shall apply to this division, except that--
(1) the term ``contractor'' means a person that performs
airport ground support or catering functions under contract
with a passenger air carrier; and
(2) the term ``employee'' means an individual, other than a
corporate officer, who is employed by an air carrier or
contractor.
TITLE I--AVIATION WORKER RELIEF
SEC. 101. PANDEMIC RELIEF FOR AVIATION WORKERS.
(a) Financial Assistance.--Notwithstanding any other provision of
law, the President shall take the following actions to preserve
aviation jobs and compensate airline industry workers:
(1) Issue grants that shall exclusively be used for the
continuation of payment of employee wages, salaries, and
benefits to--
(A) specified entities, in an aggregate amount
equal to $37,000,000,000; and
(B) contractors of air carriers, in an aggregate
amount equal to $3,000,000,000.
(2) Subject to section 102(c), issue unsecured loans and
loan guarantees to air carriers in amounts that do not, in the
aggregate, exceed $21,000,000,000.
(b) Assurances.--To be eligible for assistance under this section,
an air carrier shall enter into an agreement with the Secretary of
Transportation, or otherwise certify, as determined appropriate by the
President, that such air carrier shall comply with any actions required
under this division.
(c) Administrative Expenses.--Notwithstanding any other provision
of law, the Secretary may use $100,000,000 of the funds made available
under section 101(a)(2) for costs and administrative expenses
associated with the provision of loans or guarantees authorized under
such section.
(d) Specified Entity Defined.--In this section, the term
``specified entity'' means--
(1) an air carrier that is authorized to conduct operations
under part 121 of title 14, Code of Federal Regulations; or
(2) an air carrier that is authorized to conduct operations
under part 135 of title 14, Code of Federal Regulations, that--
(A) transports passengers by aircraft on a
scheduled basis; or
(B) transports property or mail by aircraft on a
scheduled or unscheduled basis.
SEC. 102. PROCEDURES FOR FINANCIAL ASSISTANCE.
(a) Awardable Amounts.--The President shall disburse grants under
section 101(a)(1)--
(1) to a specified entity (as such term is defined in
section 101(d)), 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;
(2) to a specified entity (as such term is defined in
section 101(d)) 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) Procedures.--The President shall publish streamlined
and expedited procedures--
(A) not later than 5 days after the date of
enactment of this Act for air carriers and contractors
to submit requests for compensation under section
101(a)(1); and
(B) not later than 30 days after the date of
enactment of this Act for air carriers to submit
requests for loans and loan guarantees under section
101(a)(2).
(2) Issuance of grants.--The President shall award initial
grants under section 101(a)(1) not later than 10 days after the
date of enactment of this Act.
(3) Discretionary grants.--For any funds made available
under paragraph (1) of section 101(a) that remain available
after the issuance of grants pursuant to paragraph (2) of such
section, the President shall determine an appropriate method
for the timely distribution of the remaining funds in an
equitable manner to air carriers for the payment of employee
wages, salaries, and benefits.
(c) Interest Rates.--A loan issued under section 101(a)(2) shall
provide for repayment with no interest for a period of at least 1 year
after the loan is issued. The President may otherwise provide for
repayment at an interest rate commensurate with the level of risk
associated with the loan.
(d) Priority of Government Claim.--In any proceeding initiated by
or against an air carrier under chapter 7 or 11 of title 11, United
States Code, with outstanding debt on a loan provided under section
101(a)(2), any claim by the Government with respect to such debt shall
assume the highest status of any other claim against such air carrier,
whether secured or unsecured.
(e) Audits.--The inspector general of the Department of
Transportation may audit certifications under subsection (a)(2).
SEC. 103. TERMS AND CONDITIONS.
(a) Share Repurchases.--
(1) In general.--Notwithstanding any other provision of
law, an air carrier receiving assistance under section 101 may
not purchase an equity interest of such air carrier on a
national securities exchange.
(2) Definitions.--In this subsection:
(A) Exchange.--The term ``exchange'' has the
meaning given the terms in section 3 of the Securities
Exchange Act of 1934 1(15 U.S.C. 78c).
(B) National securities exchange.--The term
``national securities exchange'' means an exchange
registered under section 6 of the Securities Exchange
Act of 1934 (15 U.S.C. 78f).
(b) Prohibition on Use of Funds for Payments to Shareholders or
Bondholders.--An air carrier receiving financial assistance under
section 101 may not use the proceeds of such assistance to make any
distribution of funds to shareholders or bondholders, including stock
dividends.
(c) Executive Compensation.--
(1) In general.--The President may provide financial
assistance under section 101 to an air carrier only if such air
carrier enters into a legally binding agreement with the
President that, during the 10-year period following the date of
enactment of this Act, the air carrier's chief executive
officer will receive, from the air carrier--
(A) during any 12 consecutive months of such 10-
year period, total compensation not in excess of an
amount that is 50 times the median compensation earned
by all employees of such air carrier in calendar year
2019; and
(B) severance pay or other benefits upon
termination of employment with the air carrier not in
excess of the maximum total compensation received from
the air carrier in calendar year 2019.
(2) Total compensation defined.--In this subsection, the
term ``total compensation'' includes salary, bonuses, awards of
stock, and other financial benefits provided by an air carrier
to an officer or employee of the air carrier.
(d) Financial Protection of Government.--
(1) In general.--To the extent to which any participating
air carrier accepts financial assistance, in the form of
accepting the proceeds of any loans guaranteed by the
government under this title, the President is authorized to
enter into contracts under which the Government, contingent on
the financial success of the participating corporation,
participate in the gains of the participating corporation or
its security holders through the use of such instruments as
warrants, stock options, common or preferred stock, or other
appropriate equity instruments.
(2) Deposits in treasury.--All amounts collected by the
President under this subsection shall be deposited in the
Treasury as miscellaneous receipts.
(e) Air Carrier Maintenance Outsourcing.--
(1) In general.--A passenger air carrier receiving
assistance under section 101 may not apply the proceeds of such
assistance toward a contract for heavy maintenance work at a
facility located outside of the United States if such contract
would increase the proportion of maintenance work performed
outside of the United States to all maintenance work performed
by or on behalf of such air carrier at any location.
(2) Definition.--In this section, the term ``heavy
maintenance work'' has the meaning given the term in section
44733(g)(1) of title 49, United States Code.
SEC. 104. REPORTS.
(a) Report.--Not later than October 1, 2020, the President shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the financial status of the
air carrier industry, including a description of each grant or loan
issued under section 101.
(b) Update.--Not later than the last day of the 1-year period
following the date of enactment of this Act, the President shall update
and submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate the report described in subsection (a).
SEC. 105. COORDINATION.
In implementing this title with respect to air carriers, the
Secretary shall coordinate with the Secretary of Transportation.
TITLE II--LABOR PROTECTIONS
SEC. 201. ASSISTANCE IRRESPECTIVE OF LABOR COSTS.
The President, or any department, agency, or actor of the Federal
government, may not condition the provision of any financial assistance
under section 101(a) of this division or section 13 of the Federal
Reserve Act (12 U.S.C. 261 et seq.) on an air carrier's implementation
of measures to reduce labor costs or to enter into negotiations with
the certified bargaining representative of a craft or class of
employees of the air carrier under section 2 of the Railway Labor Act
(45 U.S.C. 152) regarding pay or other terms and conditions of
employment.
SEC. 202. COLLECTIVE BARGAINING AND SNAP-BACK.
(a) In General.--Notwithstanding any other provision of law, any
contractual relief or reduction to rates of pay, rules, and working
conditions agreed to by the authorized representatives of the employees
of an air carrier, or otherwise imposed on such employees, during or as
result of the pandemic of the coronavirus COVID-19 by an air carrier
that receives financial assistance under section 101 shall be
terminated within 6 months, unless the authorized representatives of
the employees choose to make an alternative agreement with the air
carrier.
(b) Definition of Authorized Representative.--In this section, the
term ``authorized representative'' means an exclusive representative of
employees within the meaning of section of the Railway Labor Act (45
U.S.C. 152).
SEC. 203. PROTECTION OF ORGANIZING ACTIVITY.
A person receiving financial assistance under section 101 shall
remain neutral in any communications with employees with respect to any
efforts of an employee to organize, recruit, or assist in the
organizing a labor organization.
SEC. 204. WORKING AND TRAVEL CONDITIONS.
A person receiving financial assistance under section 101 shall
adhere to guidance published by the Centers for Disease Control and
Prevention and applicable public health authorities for the duration of
the national emergency declared by the President under the National
Emergencies Act (50 U.S.C. 1601 et seq.) related to the pandemic of the
coronavirus COVID-19 for providing safe conditions for employees and
passengers, including providing employees with adequate and sufficient
personal protective equipment and ensuring all aircraft and facilities
owned or operated by such person are clean and sanitary.
SEC. 205. LABOR UNION REPRESENTATION ON AIR CARRIER BOARDS.
An air carrier receiving financial assistance under section 101
shall designate at least one seat on the air carrier's board of
directors for an individual who is a member or officer of a labor
organization representing air carrier employees, with such individual
to be named by such organization.
SEC. 206. FURLOUGHED WORKER PROTECTIONS.
An air carrier receiving financial assistance under section 101
shall take such action as is necessary to ensure that, with respect to
the national emergency declared by the President under the National
Emergencies Act (50 U.S.C. 1601 et seq.) related to the pandemic of the
coronavirus COVID-19--
(1) if an employee of such air carrier was provided health
insurance benefits or other welfare benefits described in
subparagraph (A) or (B) of section 3(1) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002(1)) from
the air carrier prior to such emergency, such employee shall
retain such benefits at an equivalent rate for the duration of
such emergency;
(2) employees of such air carrier are credited any furlough
time taken as a result of the pandemic for years of service for
purposes of any employee benefit plan (as defined in section
3(3) of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002(3)) with respect to which the employee is a
participant; and
(3) an employee of such air carrier who is voluntarily or
involuntarily furloughed as a result of the national emergency
declared by the President under the National Emergencies Act
(50 U.S.C. 1601 et seq.) related to the pandemic of the
coronavirus COVID-19 may, upon reemployment or recall to such
air carrier, be entitled to the following benefits under an
employee pension benefit plan that such employee would have
received if the employee had remained continuously employed
with the air carrier, similar to benefit rights under
subchapter II of chapter 43 of title 38, United States Code:
(A) An employee shall be treated as not having
incurred a break in service with the employer or
employers maintaining the plan by reason of the
furlough.
(B) The period of furlough shall be deemed to
constitute service with the employer or employers
maintaining the plan for purposes of vesting,
participation, and determining the employee's benefit
accruals.
(C) An employee shall be entitled to make-up missed
employee contributions or elective deferrals that could
have been made to a qualified defined contribution plan
during the period of furlough. Makeup contributions
under this paragraph may be made during the period
beginning on the date of recall and whose duration is
three times the period of the furlough, such payment
period not to exceed 5 years.
(D) The employer reemploying or recalling such
employee shall contribute all employer contributions
that the employer would have made on behalf of such
employee to qualified defined contribution plans,
including plans commonly known as 401(k) plans, if the
employee had remained continuously employed.
(E) If employer contributions to a plan are
contingent on the employee making an employee
contribution or elective deferral, the employer
contribution is required only to the extent the
employee makes the payment to the plan with respect to
such contributions or deferrals. No such payment may
exceed the amount the employee would have been
permitted or required to contribute had the employee
remained continuously employed by the employer
throughout the period of service. Any payment to the
plan described in this paragraph shall be made during
the period beginning on the date of recall and whose
duration is three times the period of the person's
furlough, such payment period not to exceed 5 years.
SEC. 207. HEALTHCARE FOR UNPROTECTED WORKERS.
(a) In General.--The Secretary may not provide any financial
assistance under this Act to an air carrier unless the air carrier
enters into a legally binding agreement with the Secretary that the air
carrier will provide, and will require any contractor, subcontractor,
or affiliate of the air carrier, including any contractor,
subcontractor, or affiliate that performs airline catering services, to
provide, to all employees, including airline catering employees, health
insurance benefits equal to or greater than the hourly health and
welfare fringe benefit rate published by the Department of Labor
pursuant to the McNamara-O'Hara Service Contract Act of 1965 (41 U.S.C.
6710-6707) and section 4.52 of title 29, Code of Federal Regulations,
for all hours worked by each such employee.
(b) Effective Period.--Subsection (a) shall apply to an air carrier
receiving assistance under section 101 for the 5-year period beginning
on the date on which such assistance was awarded.
(c) Definitions.--
(1) Airline catering employee.--The term ``airline catering
employee'' means an employee who performs airline catering
services.
(2) Airline catering services.--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.
SEC. 208. EMPLOYEE WAGES AND LEAVE.
(a) Wages.--Section 6 of the Fair Labor Standards Act of 1938 (29
U.S.C. 206) is amended by adding at the end the following:
``(h) Employees in Industries Saved With Taxpayer Dollars.--
``(1) In general.--Notwithstanding any other provision of
law, subject to the requirements of this subsection, the wage
rate in effect under subsection (a)(1) with respect to an
employee of an employer described in paragraph (2), or any
individual who provides labor or services for remuneration for
such employer, regardless of whether the individual is
classified as an independent contractor or otherwise by such
employer, shall be not less than $15.00 per hour.
``(2) Employer.--An employer described in this paragraph is
an employer who--
``(A) receives financial assistance under section
101 of the Aviation Worker Relief Act of 2020; or
``(B) who provides goods or services under a
contract to an employer who receives financial
assistance under such section.
``(3) Treatment of non-employees.--An individual who
provides labor or services for remuneration to an employer as
described in paragraph (1) shall be treated as an employee for
the purposes of sections 10 through 17 of this Act.
``(4) Period of application.--This subsection shall apply
to an employer described in paragraph (2) for the 10-year
period beginning on the date such assistance was awarded.''.
(b) Benefits and Leave.-- Notwithstanding any other provision of
law, an air carrier receiving financial assistance under section 101
shall, for the duration of the national emergency declared by the
President under the National Emergencies Act (50 U.S.C. 1601 et seq.)
related to the pandemic of the coronavirus COVID-19--
(1) satisfy all funding obligations under part 3 of title I
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1081 et seq.) with respect to each plan to which such
part applies and to which the air carrier is obligated to
contribute for plan years beginning or ending during the
duration of such emergency;
(2) provide employees with a guaranteed wage for every
workweek that provides each employee continued payments in the
amount of 100 percent of the employee's full wages and for the
employee's total expected hours per workweek in the event that
the employee is terminated, furloughed, experiences a reduction
in work hours, or otherwise suffers any loss of such wages
during such period; and
(3) provide paid medical or sick leave and paid family
leave to encourage employees who are diagnosed with or
experiencing symptoms of COVID-19 or are under quarantine
relating to the coronavirus pandemic, or caring for a dependent
or any individual experiencing such symptoms or under such a
quarantine.
SEC. 209. LIMITATION ON REJECTION OF COLLECTIVE BARGAINING AGREEMENTS.
(a) Definitions.--
(1) Covered air carrier.--The term ``covered air carrier''
means an air carrier that receives Federal financial
assistance.
(2) Covered period.--The term ``covered period'', with
respect to a covered air carrier, means the period--
(A) beginning on the date on which the covered air
carrier first receives Federal financial assistance;
and
(B) ending on the date that is 10 years after the
date on which the covered air carrier last receives
Federal financial assistance.
(3) Debtor in possession.--The term ``debtor in
possession'' has the meaning given such term in section 1101 of
title 11, United States Code.
(4) Federal financial assistance.--The term ``Federal
financial assistance'' means financial assistance or a credit
instrument received from the Federal Government under this Act.
(5) Trustee.--The term ``trustee'' means a trustee
appointed in a case commenced by, or commenced against, a
covered air carrier under title 11, United States Code.
(b) Limitation.--If a covered air carrier commences a case or if an
involuntary case is commenced against a covered air carrier under title
11, United States Code, during the covered period with respect to the
covered air carrier, the covered air carrier, the debtor in possession,
or the trustee may not seek a rejection of, or interim relief from, a
collective bargaining agreement under--
(1) section 1113 of title 11, United States Code; or
(2) any other provision of law.
SEC. 210. INCREASED WAGE PRIORITY.
Section 507(a) of title 11, United States Code, is amended--
(1) in paragraph (4)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively;
(B) in the matter preceding clause (i), as so
redesignated, by inserting ``(A)'' before ``Fourth'';
(C) in subparagraph (A), as so designated, in the
matter preceding clause (i), as so redesignated--
(i) by striking ``$10,000'' and inserting
``$20,000'';
(ii) by striking ``within 180 days''; and
(iii) by striking ``or the date of the
cessation of the debtor's business, whichever
occurs first,''; and
(D) by adding at the end the following:
``(B) Severance pay described in subparagraph(A)(i)
shall be deemed earned in full upon the layoff or
termination of employment of the individual to whom the
severance is owed.'';
(2) in paragraph (5)--
(A) in subparagraph (A)--
(i) by striking ``within 180 days''; and
(ii) by striking ``or the date of the
cessation of the debtor's business, whichever
occurs first''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) for each such plan, to the extent of the
number of employees covered by each such plan,
multiplied by $20,000.''.
SEC. 211. REJECTION OF COLLECTIVE BARGAINING AGREEMENTS.
(a) In General.--Section 1113 of title 11, United States Code, is
amended by striking subsections (a) through (f) and inserting the
following:
``(a) The debtor in possession, or the trustee if one has been
appointed under this chapter, other than a trustee in a case covered by
subchapter IV of this chapter and by title I of the Railway Labor Act
(45 U.S.C. 151 et seq.), may reject a collective bargaining agreement
only in accordance with this section. In this section, a reference to
the trustee includes the debtor in possession.
``(b) No provision of this title shall be construed to permit the
trustee to unilaterally terminate or alter any provision of a
collective bargaining agreement before complying with this section. The
trustee shall timely pay all monetary obligations arising under the
terms of the collective bargaining agreement. Any such payment required
to be made before a plan confirmed under section 1129 is effective has
the status of an allowed administrative expense under section 503.
``(c)(1) If the trustee seeks modification of a collective
bargaining agreement, the trustee shall provide notice to the labor
organization representing the employees covered by the collective
bargaining agreement that modifications are being proposed under this
section, and shall promptly provide an initial proposal for
modifications to the collective bargaining agreement. Thereafter, the
trustee shall confer in good faith with the labor organization, at
reasonable times and for a reasonable period in light of the complexity
of the case, in attempting to reach mutually acceptable modifications
of the collective bargaining agreement.
``(2) The initial proposal and subsequent proposals by the trustee
for modification of a collective bargaining agreement shall be based
upon a business plan for the reorganization of the debtor, and shall
reflect the most complete and reliable information available. The
trustee shall provide to the labor organization all information that is
relevant for negotiations. The court may enter a protective order to
prevent the disclosure of information if disclosure could compromise
the position of the debtor with respect to the competitors in the
industry of the debtor, subject to the needs of the labor organization
to evaluate the proposals of the trustee and any application for
rejection of the collective bargaining agreement or for interim relief
pursuant to this section.
``(3) In consideration of Federal policy encouraging the practice
and process of collective bargaining and in recognition of the
bargained-for expectations of the employees covered by the collective
bargaining agreement, modifications proposed by the trustee--
``(A) shall be proposed only as part of a program of
workforce and nonworkforce cost savings devised for the
reorganization of the debtor, including savings in management
personnel costs;
``(B) shall be limited to modifications designed to achieve
a specified aggregate financial contribution for the employees
covered by the collective bargaining agreement (taking into
consideration any labor cost savings negotiated within the 12-
month period before the filing of the petition), and shall be
not more than the minimum savings essential to permit the
debtor to exit bankruptcy, such that confirmation of a plan of
reorganization is not likely to be followed by the liquidation,
or the need for further financial reorganization, of the debtor
(or any successor to the debtor) in the short term; and
``(C) shall not be disproportionate or overly burden the
employees covered by the collective bargaining agreement,
either in the amount of the cost savings sought from such
employees or the nature of the modifications.
``(d)(1) If, after a period of negotiations, the trustee and the
labor organization have not reached an agreement over mutually
satisfactory modifications, and further negotiations are not likely to
produce mutually satisfactory modifications, the trustee may file a
motion seeking rejection of the collective bargaining agreement after
notice and a hearing. Absent agreement of the parties, no such hearing
shall be held before the expiration of the 21-day period beginning on
the date on which notice of the hearing is provided to the labor
organization representing the employees covered by the collective
bargaining agreement. Only the debtor and the labor organization may
appear and be heard at such hearing. An application for rejection shall
seek rejection effective upon the entry of an order granting the
relief.
``(2) In consideration of Federal policy encouraging the practice
and process of collective bargaining and in recognition of the
bargained-for expectations of the employees covered by the collective
bargaining agreement, the court may grant a motion seeking rejection of
a collective bargaining agreement only if, based on clear and
convincing evidence--
``(A) the court finds that the trustee has complied with
the requirements of subsection (c);
``(B) the court has considered alternative proposals by the
labor organization and has concluded that such proposals do not
meet the requirements of subsection (c)(3)(B);
``(C) the court finds that further negotiations regarding
the proposal of the trustee or an alternative proposal by the
labor organization are not likely to produce an agreement;
``(D) the court finds that implementation of the proposal
of the trustee shall not--
``(i) cause a material diminution in the purchasing
power of the employees covered by the collective
bargaining agreement;
``(ii) adversely affect the ability of the debtor
to retain an experienced and qualified workforce; or
``(iii) impair the labor relations of the debtor
such that the ability to achieve a feasible
reorganization would be compromised; and
``(E) the court concludes that rejection of the collective
bargaining agreement and immediate implementation of the
proposal of the trustee is essential to permit the debtor to
exit bankruptcy, such that confirmation of a plan of
reorganization is not likely to be followed by liquidation, or
the need for further financial reorganization, of the debtor
(or any successor to the debtor) in the short term.
``(3) If the trustee has implemented a program of incentive pay,
bonuses, or other financial returns for insiders, senior executive
officers, or the twenty next most highly compensated employees or
consultants providing services to the debtor during the bankruptcy, or
such a program was implemented within 180 days before the date of the
filing of the petition, the court shall presume that the trustee has
failed to satisfy the requirements of subsection (c)(3)(C).
``(4) In no case shall the court enter an order rejecting a
collective bargaining agreement that would result in modifications to a
level lower than the level proposed by the trustee in the proposal
found by the court to have complied with the requirements of this
section.
``(5) At any time after the date on which an order rejecting a
collective bargaining agreement is entered, or in the case of a
collective bargaining agreement entered into between the trustee and
the labor organization providing mutually satisfactory modifications,
at any time after that collective bargaining agreement has been entered
into, the labor organization may apply to the court for an order
seeking an increase in the level of wages or benefits, or relief from
working conditions, based upon changed circumstances. The court shall
grant the request only if the increase or other relief is not
inconsistent with the standard set forth in paragraph (2)(E).
``(e) During a period during which a collective bargaining
agreement at issue under this section continues in effect and a motion
for rejection of the collective bargaining agreement has been filed, if
essential to the continuation of the business of the debtor or in order
to avoid irreparable damage to the estate, the court, after notice and
a hearing, may authorize the trustee to implement interim changes in
the terms, conditions, wages, benefits, or work rules provided by the
collective bargaining agreement. Any hearing under this subsection
shall be scheduled in accordance with the needs of the trustee. The
implementation of such interim changes shall not render the application
for rejection moot and may be authorized for not more than 14 days in
total.
``(f)(1) Rejection of a collective bargaining agreement constitutes
a breach of the collective bargaining agreement, and shall be effective
no earlier than the entry of an order granting such relief.
``(2) Notwithstanding paragraph (1), solely for purposes of
determining and allowing a claim arising from the rejection of a
collective bargaining agreement, rejection shall be treated as
rejection of an executory contract under section 365(g) and shall be
allowed or disallowed in accordance with section 502(g)(1). No claim
for rejection damages shall be limited by section 502(b)(7). Economic
self-help by a labor organization shall be permitted upon a court order
granting a motion to reject a collective bargaining agreement under
subsection (d) or pursuant to subsection (e), and no provision of this
title or of any other provision of Federal or State law may be
construed to the contrary.
``(g) The trustee shall provide for the reasonable fees and costs
incurred by a labor organization under this section, upon request and
after notice and a hearing.
``(h) A collective bargaining agreement that is assumed shall be
assumed in accordance with section 365.''.
(b) Prohibition on Modification of Retiree Benefits.--Section 1114
of title 11, United States Code, is further amended by adding at the
end the following:
``(n) Notwithstanding any other provision in this title, the
trustee may not modify retiree benefits if the debtor is an air
carrier, as such term is defined in section 40102 of title 49, United
States Code, or an affiliate of such air carrier, that received
assistance under the Aviation Worker Relief Act of 2020.''.
TITLE III--AIRLINE INDUSTRY FINANCIAL OVERSIGHT
SEC. 301. CREATION OF OFFICE OF AIRLINE INDUSTRY FINANCIAL OVERSIGHT.
(a) In General.--There is hereby established, within the Office of
the Secretary of Transportation, the Office of Airline Industry
Financial Oversight.
(b) Director of Office.--The office established under this section
shall be headed by a Director, who shall be a career employee of the
Department of Transportation and selected on the basis of such
individual's knowledge of financial markets, airline operations, and
finance, and such other qualifications as the Secretary considers
relevant.
SEC. 302. RESPONSIBILITIES OF OFFICE OF AIRLINE INDUSTRY FINANCIAL
OVERSIGHT.
The Director of the Office of Airline Industry Financial Oversight
shall--
(1) assess, not less than once every 12 months, the
financial fitness of each passenger air carrier conducting
operations under part 121 of title 14, Code of Federal
Regulations;
(2) determine and prescribe minimum capital and funding
requirements for each such air carrier to ensure that no air
carrier would be reasonably likely to become insolvent as the
result of a substantial reduction in demand for air travel
following the occurrence of a terror attack, pandemic, or other
national or global event that reduces economic activity;
(3) require each such air carrier to conduct an annual
stress test to determine the extent of financial stress that
the air carrier can withstand before becoming financially
insolvent, using at least 3 sets of assumptions regarding the
severity of financial stress and to report the results of such
test to the Office for analysis;
(4) based on an analysis of the stress tests performed
under paragraph (3), annually adjust the minimum capital and
funding requirements imposed under paragraph (2); and
(5) impose such other requirements, including through the
issuance of regulations, as the director determines necessary
to ensure the continued operations of air carriers despite an
event described in paragraph (2).
SEC. 303. ACCESS TO INFORMATION.
(a) In General.--In discharging the responsibilities enumerated in
section 302, the director or employees of the office may inspect such
financial records in an air carrier's possession as the director or
employees of the office deem appropriate.
(b) Protection of Trade Secrets.--The Director and employees of the
Office of Airline Industry Financial Oversight shall protect, from
public disclosure, any material containing trade secrets in the
Office's custody, in accordance with section 1905 of title 18, United
States Code.
SEC. 304. REPORTS TO CONGRESS.
Not later than February 1 of each calendar year, the Director of
the office established under section 301 shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate a report describing each action taken under section 302 during
the preceding calendar year.
SEC. 305. RULEMAKING AUTHORITY.
The Secretary may issue such regulations as the Secretary
determines are necessary to implement the requirements of this title.
SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of
Transportation $3,000,000 for each of fiscal years 2020 through 2023 to
carry out this title to remain available until expended.
TITLE IV--AIRPORT RELIEF
SEC. 401. EMERGENCY PANDEMIC FUNDING FOR AIRPORTS.
(a) In General.--There is authorized to be appropriated, from the
General Fund of the Treasury, $10,000,000,000 for the Secretary of
Transportation to issue grants to airport sponsors for the purposes of
emergency response, cleaning, sanitization, janitorial services,
staffing, workforce retention, paid leave, procurement of protective
health equipment and training for employees and contractors, debt
service payments, infrastructure projects and airport operations.
(b) Methodology for Disbursement.--Funds shall be apportioned as
set forth in clauses (i) and (ii) of section 47114(c)(1)(C) of title
49, United States Code, and there shall be no maximum apportionment
limit. Funds provided under this section shall not be subject to
reduced apportionment under section 47114(f) of such title. Any
remaining funds shall be distributed to sponsors based on each
airport's passenger enplanements compared to total passenger
enplanements of all airports, for the most recent calendar year the
Secretary apportioned funds pursuant to section 47114(c).
(c) High-Need Airports.--The Secretary shall set aside 2 percent of
the remaining funds described in subsection (b) to provide grants to
commercial service airports or general aviation airports that
demonstrate the highest financial need.
(d) Workforce Retention.--
(1) In general.--Except as otherwise provided in this
subsection, all airports receiving funds under subsection (a)
shall continue to employ, through December 31, 2020, at least
90 percent of the number of individuals employed by the airport
as of the date of enactment of this Act.
(2) Waiver.--The Secretary may waive the workforce
retention requirement under this subsection 120 days after the
date of enactment of this Act if the Secretary determines--
(A) the airport is experiencing economic hardship
as a direct result of the requirement; or
(B) the requirement reduces aviation safety or
security.
(3) Small airports.--This subsection shall not apply to
nonhub airports or nonprimary airports receiving funds under
subsection (c).
(e) Relief to Airport Concessions.--An airport sponsor must use at
least 2 percent of any funds received under subsection (a) to provide
financial relief to airport concessionaires experiencing economic
hardship (in terms of rent, minimum annual guarantees, lease
obligations, or other fees). With respect to funds under this
subsection, airport sponsors must show good faith efforts to provide
relief to small business concerns owned and controlled by socially and
economically disadvantaged businesses, as such term is defined under
section 47113 of title 49, United States Code.
(f) Cost Share.--The Federal share payable of the costs for which a
grant is made under this section or under the Consolidated
Appropriations Act, 2020 (Public Law 116-94) shall be 100 percent.
(g) Quality Assurance.--The Secretary shall institute adequate
policies, procedures and internal controls to prevent waste, fraud,
abuse and program mismanagement for the distribution of funds under
this section.
(h) Availability.--Sums authorized to be appropriated under this
sections shall remain available for 3 fiscal years.
(i) Limitations.--The funds made available under this section shall
not be subject to any limitation on obligations set forth in an
appropriations Act as applied to the heading ``Grants-in-Aid for
Airports''.
(j) Administrative Costs.--The Secretary may retain up to 0.1
percent of the funds provided under this section to fund the award and
oversight of grants made under this heading.
(k) Definitions.--In this section:
(1) Airport concession.--the term ``airport concession''
means a business, other than air carrier, located on an airport
that is engaged in the sale of consumer goods or services to
the public under an agreement with an airport, another
concessionaire, or the owner or lessee of a terminal.
(2) Airport; general aviation airport; nonhub airport;
sponsor.--The terms ``airport'', ``general aviation airport'',
``nonhub airport'', and ``sponsor'' have the meanings given
those terms in section 47102 of title 49, United States Code.
(3) Commercial service airport.--The term ``commercial
service airport'' means a public use airport that reported at
least 2500 passenger boardings at such airport during fiscal
year 2018.
SEC. 402. MAINTAINING PRE-CRISIS AIRPORT IMPROVEMENT PROGRAM LEVELS.
Section 47114(c)(1) of title 49, United States Code, is amended by
adding at the end the following:
``(J) Special rule for fiscal years 2021 through
2023.--Notwithstanding subparagraph (A), the Secretary
shall apportion to a sponsor of an airport under that
subparagraph for each of fiscal years 2021 through 2023
an amount based on the number of passenger boardings at
the airport during calendar year 2018 if the number of
passenger boardings at the airport during calendar year
2018 are higher than the number of passenger boardings
that would be otherwise calculated under subparagraph
(A).''.
SEC. 403. NATIONAL AVIATION PREPAREDNESS PLAN.
(a) In General.--The Secretary of Transportation, in coordination
with the Secretary of Health and Human Services, the Secretary of
Homeland Security and other appropriate stakeholders, shall develop a
national aviation preparedness plan for communicable disease outbreaks.
(b) Contents of Plan.--A plan developed under subsection (a) shall,
at a minimum--
(1) require involvement from multiple airports on a
national level;
(2) provide airports and air carriers with an adaptable and
scalable framework with which to align their individual plans;
(3) improve coordination among airports, air carriers,
Customs and Border Patrol, the Centers for Disease Control and
Prevention, and other appropriate Federal stakeholders on
developing policies that increase the effectiveness of
screening, quarantining, and contact-tracing with respect to
inbound passengers; and
(4) fully incorporate elements referenced in the
recommendation of the Comptroller General of the United States
to the Secretary of Transportation contained in Report No. GAO
16-127.
TITLE V--SMALL COMMUNITY AIR SERVICE
SEC. 501. CONTINUATION OF CERTAIN AIR SERVICE.
(a) Action of Secretary.--The Secretary of Transportation shall
take appropriate action to ensure that all communities that receive
scheduled air service before March 1, 2020, continue to receive
adequate air transportation service and that essential air service to
small communities continues without interruption and in a manner that
maintains well-functioning heath care supply chains, including medical
device, medical supplies, and pharmaceutical supply chains.
(b) Antitrust Immunity.--The Secretary may grant an exemption under
section 41308 of title 49, United States Code, to 2 air carriers for
the limited purpose of such cooperation as is necessary to ensure that
small communities continue to receive an adequate level of air
transportation service.
SEC. 502. TOLLING OF EAS LIMITATIONS.
The Secretary may not order the termination of essential air
service on the basis of the applicable place failing to meet the
definition of an eligible place under subparagraph (B) or (C) of
section 41731(a)(1) of title 49, United States Code, if such community
was otherwise an eligible place as defined under section 41731 of such
title on March 1, 2020.
SEC. 503. SUNSET.
The requirements of this title, and any order issued by the
Secretary under this title, shall sunset on the day that is 6 months
after the last effective date of a national emergency declared by the
President under the National Emergencies Act (50 U.S.C. 1601 et seq.)
related to the pandemic of the coronavirus COVID-19.
TITLE VI--CONSUMER PROTECTIONS
SEC. 601. AIRLINE PRICE GOUGING DURING DISASTER OR EMERGENCY.
(a) In General.--Section 41712 of title 49, United States Code, is
amended by adding at the end the following:
``(d) Airfare Pricing and Fees During Disaster or Other
Emergency.--
``(1) In general.--It shall be an unfair or deceptive
practice under subsection (a) for any ticket agent, air
carrier, foreign air carrier, or other person selling or
offering to sell a ticket for air transportation on a covered
flight to--
``(A) impose any unreasonable increase in the price
of such ticket, as compared to the ticket price in
effect on the day on which a flight becomes a covered
flight; and
``(B) charge any fee for a change to, or
cancellation of, such ticket, or for any difference in
fare for an itinerary change.
``(2) Covered flight defined.--In this subsection, the term
`covered flight' means a flight of an air carrier or foreign
air carrier departing from, or arriving at, an airport located
in an area with respect to which--
``(A) a major disaster or emergency declared by the
President under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
is in effect and State or local authorities have
ordered a mandatory evacuation;
``(B) a public health emergency declared pursuant
to section 319 of the Public Health Service Act (42
U.S.C. 247d) is in effect;
``(C) a national emergency declared by the
President under the National Emergencies Act (50 U.S.C.
1601 et seq.) is in effect; or
``(D) a restriction on air travel is in effect,
including restrictions on non-essential air
transportation or nationwide bans imposed on air
transportation during a disaster, emergency, or
pandemic.
``(3) Savings provision.--Nothing in this subsection, or
the amendment made by this subsection, may be construed to
limit or otherwise affect any responsibility of any ticket
agent, air carrier, or foreign air carrier or other person
offering to sell a ticket for air transportation during a major
disaster or emergency.''.
SEC. 602. AIRLINE REFUNDS DURING NATIONAL DISASTERS OR EMERGENCIES.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary of Transportation shall require that any
covered seller who sells a ticket for a passenger to take a covered
flight, and either such flight is cancelled by the air carrier or such
ticket is canceled by the passenger, such covered seller shall promptly
offer the passenger a choice of--
(1) a full monetary refund for such ticket, including any
ancillary fees paid; and
(2) an alternative compensation method determined
appropriate by the covered seller, including credit, voucher,
or other mechanism to compensate a passenger.
(b) Credit or Voucher.--An alternative compensation method provided
pursuant to subsection (a)(2) may not expire for at least 1 year date
of the covered flight.
(c) Definitions.--In this section, the following definitions apply:
(1) Covered flight.--The term ``covered flight'' has the
meaning given to such term in section 41712(d) of title 49,
United States Code.
(2) Covered seller.--The term ``covered seller'' means a
ticket agent, air carrier, foreign air carrier, or other person
offering to sell a ticket for air transportation.
SEC. 603. CONDITIONS ON AIRLINE ANCILLARY FEES.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Transportation shall require covered air
carriers to report to the Secretary of Transportation, not less than
quarterly, all ancillary revenues collected by the air carrier during
the quarter for which the report is provided.
(b) Contents.--In implementing the requirement under subsection
(a), the Secretary shall require reporting of ancillary revenues from,
at a minimum, the following optional fees or charges:
(1) Booking fees, including fees for telephone
reservations.
(2) Fees for priority check-in and security screening.
(3) Fees for the transportation of carry-on, first checked,
second checked, excess, and oversized or overweight baggage.
(4) Fees for transportation of in-flight medical equipment.
(5) Fees for in-flight entertainment, beverages, and food.
(6) Fees for internet access.
(7) Fees for seating assignments.
(8) Fees for reservation cancellation and change.
(9) Charges for lost tickets.
(10) Revenue from the sale of travel insurance
(11) Fees for unaccompanied minor and passenger assistance.
(12) Fees for pets.
(c) Definitions.--In this section, the following definitions apply:
(1) Ancillary revenues.--The term ``ancillary revenues''
means charges paid by airline passengers that are not included
in the standard ticket fare.
(2) Covered air carrier.--
(A) In general.--The term ``covered air carrier''
means an air carrier covered under part 241 of title
14, Code of Federal Regulations.
(B) Exclusion.--The term ``covered air carrier''
excludes air carriers with annual revenues of less than
$20,000,000.
TITLE VII--ENVIRONMENTAL PROTECTIONS
SEC. 701. SUSTAINABLE AVIATION FUEL DEVELOPMENT PROGRAM.
(a) In General.--The Secretary of Transportation, in consultation
with the Department of Agriculture and the Environmental Protection
Agency, shall make competitive grants to eligible entities to offset
the cost of a project to develop, transport, or store sustainable
aviation fuels that would reduce United States greenhouse gas
emissions.
(b) Selection.--In making grants under subsection (a), the
Secretary shall consider--
(1) the anticipated public benefits of the project;
(2) the potential to increase the commercial application of
sustainable aviation fuels among the United States commercial
aviation and aerospace industry;
(3) the potential greenhouse gases emitted from the
project;
(4) the potential for new job creation; and
(5) the potential the project has in reducing United States
greenhouse gas emissions associated with air travel.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $200,000,000 for each of the fiscal years 2021 through
2026 to carry out this section.
(d) Report.--Not later than October 1, 2026, the Secretary shall
submit to the Committee on Commerce, Science, and Transportation, the
Committee on Environment and Public Works, and the Committee on
Agriculture, Nutrition, and Forestry of the Senate, and the Committee
on Transportation and Infrastructure, the Committee on Energy and
Commerce, and the Committee on Agriculture of the House of
Representatives, a report describing the results of the grant program
authorized by this section. The report shall include the following:
(1) A description of the entities and projects that
received grants under this section.
(2) Description of whether the program is leading to an
increase in commercial application of sustainable aviation
fuels by United States aviation and aerospace industry
stakeholders.
(3) The economic impacts resulting from the grants to and
operation of the project.
(e) Eligibility.--Entities eligible to receive a grant under this
section shall include State and local governments, nongovernmental
entities, air carriers, airports, and businesses engaged in the
development, transportation, or storage of sustainable aviation fuels.
(f) Definition of Sustainable Aviation Fuel.--The term
``sustainable aviation fuel'' means liquid fuel consisting of
synthesized hydrocarbons which meets the requirements of ASTM
International Standard D7566 or ASTM International Standard D1655,
Annex A1, subsection A.1.2.2, and is derived from biomass (as defined
in section 45K(c)(3) of the Internal Revenue Code of 1986), waste
streams, or gaseous carbon oxides, conforms to the standards,
recommended practices and guidance agreed to by the United States
pursuant to the European Union Emissions Trading Scheme Prohibition Act
of 2011 (Public Law 112-200) for addressing aircraft emissions, and
achieves at least a 30 percent reduction in greenhouse gas emissions on
a lifecycle basis compared to conventional jet fuel.
SEC. 702. AIRLINE ASSISTANCE TO RECYCLE AND SAVE PROGRAM.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish and carry out a
program, to be known as the ``Airline Assistance to Recycle and Save
Program'', under which the Secretary shall purchase high-polluting
aircraft from air carriers in exchange for commitments from such air
carriers to purchase fuel-efficient aircraft.
(b) Application.--To be eligible for the program established under
subsection (a), an air carrier shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including a description of an
high-polluting aircraft of the air carrier.
(c) Program Requirements.--
(1) List of eligible aircraft.--In carrying out the program
established under subsection (a), the Secretary, in
consultation with the Administrator, shall prepare, maintain,
publicize, and make available through a publicly available
website, lists of aircraft that are--
(A) high-polluting aircraft; and
(B) fuel-efficient aircraft that are on the market
or in production.
(2) Commitment requirement.--In carrying out the program
established under subsection (a), the Secretary shall issue
such regulations as are necessary to set requirements for the
commitment to purchase a fuel-efficient aircraft described in
subsection (a), including a timing requirement for the purchase
of a fuel-efficient aircraft.
(d) Use of Purchased Aircraft.--Notwithstanding any other provision
of law, the Secretary may sell, to an air carrier or eligible foreign
air carrier, parts or components of aircraft purchased under this
division.
(e) Regulations.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall issue such regulations as
are necessary to carry out this section.
(f) Authorization of Appropriations.--There is authorized to carry
out the program established under this section $1,000,000,000 and such
sums shall remain available until expended.
(g) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Aircraft manufacturer.--The term ``aircraft
manufacturer'' has the meaning given such term in section 44301
of title 49, United States Code.
(3) Eligible foreign air carrier.--
(A) In general.--The term ``eligible foreign air
carrier'' means a foreign air carrier as such term is
defined in section 40102 of title 49, United States
Code.
(B) Exclusion.--The term ``eligible foreign air
carrier'' does not include a foreign air carrier that--
(i) is domiciled in a country that is a
state sponsor of terrorism; or
(ii) has a majority ownership interest of
individuals or entities domiciled in a country
that is a state sponsor of terrorism.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(5) State sponsor of terrorism.--The term ``state sponsor
of terrorism'' means a country the government of which the
Secretary of State determines has repeatedly provided support
for international terrorism pursuant to--
(A) section 1754(c)(1)(A) of the Export Control
Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A));
(B) section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371);
(C) section 40 of the Arms Export Control Act (22
U.S.C. 2780); or
(D) any other provision of law.
SEC. 703. EXPANSION OF VOLUNTARY AIRPORT LOW EMISSION PROGRAM.
Section 40117 of title 49, United States Code, is amended--
(1) in subsection (a)(3)(G) by striking ``if the airport is
located in an air quality nonattainment area (as defined in
section 171(2) of the Clean Air Act (42 U.S.C. 7501(2)) or a
maintenance area referred to in section 175A of such act (42
U.S.C. 7505a)''; and
(2) in subsection (b) by adding at the end the following:
``(8) Priority of projects.--In carrying out this section,
the Secretary shall prioritize funding for airports in areas
located in an air quality nonattainment area (as defined in
section 171(2) of the Clean Air Act (42 U.S.C. 7501(2)) or a
maintenance area referred to in section 175A of such act (42
U.S.C. 7505a).''.
SEC. 704. AIRLINE CARBON EMISSIONS OFFSETS AND GOALS.
(a) Carbon Offsetting Program.--
(1) In general.--Not later than 90 days after the enactment
of this Act, the Administrator of the Federal Aviation
Administration shall require each air carrier receiving
assistance under section 101, to fully offset the annual carbon
emissions of such air carriers for domestic flights beginning
in 2025.
(2) Verification.--In issuing regulations and guidance to
carry out to paragraph (1), the Administrator shall develop
standards and practices to ensure the use of carbon offsets by
air carriers are real, additional, permanent, verifiable, and
not double counted and align with standards, recommended
practices, assessment tools, and guidance agreed to by the
United States pursuant to the European Union Emissions Trading
Scheme Prohibition Act of 2011 (Public Law 112-200) for
addressing aircraft emissions.
(3) Auditing.--An air carrier covered under this subsection
shall take reasonable and continuous measures to ensure any
carbon offsets credited to, or purchased by, such carrier
continue to be accurate.
(4) Certification.--The Administrator shall annually
certify that an air carrier's carbon offsetting program aligns
with the standards developed pursuant to paragraph (2).
(b) Carbon Emissions Goal.--
(1) In general.--The Administrator of the Federal Aviation
Administration, with the concurrence of the Administrator of
the Environmental Protection Agency, shall require each air
carrier receiving assistance under section 101 to--
(A) make and achieve a binding commitment to reduce
the greenhouse gas emissions attributable to the
domestic flights of such air carrier in every calendar
year, beginning with 2021, on a path consistent with a
25 percent reduction in the aviation sector's emissions
from 2019 levels by 2035, and a 50 percent reduction in
the sector's emissions from 2019 levels by 2050,
applying the standards, recommended practices, and
guidance agreed to by the United States pursuant to the
European Union Emissions Trading Scheme Prohibition Act
of 2011 (Public Law 112-200) for addressing aircraft
emissions; and
(B) submit to the Administrator, annually, a report
containing a plan for meeting the commitment described
in subparagraph (A) and evidence of compliance with
such commitment, including the annual emissions of the
air carrier, use of alternative fuels, and any other
means of implementing such commitment.
(2) Certification.--
(A) In general.--Not later than 5 years after the
date of enactment of this Act, and not less frequently
than every 5 years thereafter, the Administrator shall
certify each air carrier covered under this subsection
that is taking such actions as are necessary to meet
the requirements established pursuant to paragraph (1).
(B) Remediation.--With respect to any air carrier
covered under this subsection that the Administrator
does not certify under subparagraph (A), the
Administrator, in consultation with such air carrier,
shall, not later than 180 days after the last date on
which a certification could have been made under such
subparagraph, develop a plan to ensure such air carrier
meets the requirements established pursuant to
paragraph (1).
(3) Public information.--The Secretary shall make publicly
available the reports described in paragraph (1).
(4) Limitation.--Nothing in this subsection shall affect or
alter the authorities and responsibilities to address
greenhouse gases under any other provision of law.
(c) International Competitiveness.--In issuing regulations to carry
out to subsection (b) and (c), the Administrator shall create a
mechanism that ensures foreign air carriers that enter the national
airspace system have an equivalent emissions reductions target or
programs such that the United States airline industry is not at a
competitive disadvantage.
SEC. 705. RESEARCH AND DEVELOPMENT OF SUSTAINABLE AVIATION FUELS.
There is authorized to be appropriated to the Federal Aviation
Administration $100,000,000 for each of fiscal years 2021 through 2026
for research and development of sustainable aviation fuels.
SEC. 706. IMPROVING CONSUMER INFORMATION REGARDING RELEASE OF
GREENHOUSE GASES FROM FLIGHTS.
(a) In General.--Not later than January 1, 2023, the Secretary of
Transportation shall develop and implement, by regulation, a program to
require air carriers that receive assistance under section 101 provide
passengers with information regarding greenhouse gas emissions
resulting from each individual flight that is--
(1) customized to account for such emissions associated
with each aircraft and the flight route of such aircraft; and
(2) made available on the first display of any website
selling any ticket for such flight, following a search of a
requested itinerary in a format that is easily visible to the
purchaser.
(b) Public Reporting.--The Secretary shall publish monthly data and
information that anonymously aggregates and analyzes the information
provided to individual passengers under to subsection (a). Such
information and data shall--
(1) be accessible to the public on the internet; and
(2) identify and quantify the greenhouse gas emissions and
relative climate change impact of each passenger air carrier
that receives assistance under section 101.
SEC. 707. STUDY ON CERTAIN CLIMATE CHANGE MITIGATION EFFORTS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Transportation shall seek to enter into
an agreement with the National Academies of Sciences, Engineering, and
Medicine (referred to in this section as the ``National Academies'') to
conduct a study on climate change mitigation efforts with respect to
the civil aviation and aerospace industries.
(b) Study Contents.--In conducting the study under subsection (a),
the National Academies shall--
(1) identify climate change mitigation efforts, including
efforts relating to emerging technologies, in the civil
aviation and aerospace industries;
(2) develop and apply an appropriate indicator for
assessing the effectiveness of such efforts;
(3) identify gaps in such efforts;
(4) identify barriers preventing expansion of such efforts;
and
(5) develop recommendations with respect to such efforts.
(c) Reports.--
(1) Findings of study.--Not later than 1 year after the
date on which the Secretary enters into an agreement for a
study pursuant to subsection (a), the Secretary shall submit to
the appropriate congressional committees the findings of the
study.
(2) Assessment.--Not later than 180 days after the date on
which the Secretary submits the findings pursuant to paragraph
(1), the Secretary, acting through the Administrator of the
Federal Aviation Administration, shall submit to the
appropriate congressional committees a report that contains an
assessment of the findings.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $1,500,000.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Transportation and Infrastructure of the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and other congressional
committees determined appropriate by the Secretary.
(2) Climate change mitigation efforts.--The term ``climate
change mitigation efforts'' means efforts, including the use of
technologies, materials, processes, or practices, that
contribute to the reduction of greenhouse gas emissions.
TITLE VIII--MISCELLANEOUS
SEC. 801. SEPARABILITY.
If any provision of this division (including any amendment made by
this division) or the application thereof to any person or circumstance
is held invalid, the remainder of this division (including any
amendment made by this division) and the application thereof to other
persons or circumstances shall not be affected thereby.
SEC. 802. APPLICATION OF LAW.
Chapter 83 of title 41, United States Code, shall not apply with
respect to purchases made in response to--
(1) the public health emergency declared on January 31,
2020 under section 319 of the Public Health Service Act (42
U.S.C. 247d); or
(2) the emergency declared by the President on March 13,
2020, under section 501 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5191) and under
any subsequent major disaster declaration under section 401 of
such Act that supersedes such emergency declaration.
DIVISION S--SMALL BUSINESS ADMINISTRATION
SEC. 190001. DEFINITIONS.
In this division--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) 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 sales or customers; or
(D) a closure; and
(3) 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. 190002. 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 `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;
``(vii) the term `payroll costs'--
``(I) means--
``(aa) the sum of payments
of any compensation with
respect to employees that is
a--
``(AA) salary or
wage;
``(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 a sole
proprietor or independent
contractor that is a wage,
commission, 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
``(viii) the term `veterans organization'
means an organization that is described in
paragraph (19) of section 501(c) of the
Internal Revenue Code that is exempt from
taxation under section 501(a) of such Code.
``(B) Small business interruption 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.
``(C) Registration of loans.--Not later than 15
days after the date on which a loan is made under this
paragraph, the Administration shall register the loan
using the TIN (as defined in section 7701 of the
Internal Revenue Code of 1986) assigned to the
borrower.
``(D) Increased eligibility for certain small
businesses and organizations.--
``(i) In general.--During the covered
period, in addition to small business concerns,
any business concern, nonprofit organization,
or veterans organization shall be eligible to
receive a covered loan if the business concern,
nonprofit organization, or veterans
organization 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, or
veterans organization operates.
``(ii) Inclusion of sole proprietors,
independent contractors, and eligible self-
employed individuals.--
``(I) In general.--During the
covered period, individuals who operate
under a sole proprietorship or as an
independent contractor and eligible
self-employed individuals shall be
eligible to receive a covered loan.
``(II) Documentation.--An eligible
self-employed individual seeking a
covered loan shall submit payroll tax
filings reported to the Internal
Revenue Service. An independent
contractor shall submit Forms 1099-MISC
received. A sole proprietorship shall
submit schedules from their tax return
filed (or to be filed) showing their
income and expenses from their sole
proprietorship.
``(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;
``(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).
``(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 product obtained by
multiplying--
``(aa) the average total monthly
payments by the applicant for payroll
costs, costs related mortgage payments,
rent (including under a lease
agreement), and utilities 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) 4; 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 product
obtained by multiplying--
``(aa) the average total monthly
payments by the applicant for payroll
costs, costs related mortgage payments,
rent (including under a lease
agreement), and utilities incurred
during the period beginning on January
1, 2020 and ending on February 29,
2020; by
``(bb) 4; or
``(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) mortgage payments;
``(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 under this paragraph shall be
considered to have delegated authority
to make and approve covered loans,
subject to the provisions of this
paragraph.
``(II) Considerations.--In
evaluating the eligibility of a
borrower for a covered loan with the
terms described in this paragraph, a
lender shall consider whether the
borrower--
``(aa) was in operation on
February 15, 2020;
``(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; and
``(cc) is substantially
impacted by public health
restrictions related to the
Coronavirus 2019 (COVID-19).
``(iii) Additional lenders.--The authority
to make loans under this paragraph shall be
extended to additional lenders determined by
the Administrator and the Secretary of the
Treasury to have the necessary qualifications
to process, close, disburse and service loans
made with the guarantee of the Administration.
``(iv) Limitation.--An eligible recipient
of a covered loan for purposes of paying
payroll costs and other obligations described
in this subparagraph shall not be eligible to
receive an economic injury disaster loan under
subsection (b)(2) for the same purpose.
``(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; and
``(II) acknowledging that funds
will be used to retain workers and
maintain payroll or make mortgage
payments, lease payments, and utility
payments.
``(ii) Full-time equivalent employees.--An
eligible recipient of a covered loan shall
maintain an average monthly number of full-time
equivalent employees (as defined in section
45R(d)(2) of the Internal Revenue Code of 1986)
during the covered period that is not less than
the average monthly number of full-time
equivalent employees during the applicable
period described in subclause (I)(aa) or
subclause (II)(aa) of subparagraph (E)(i).
``(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) Collateral and personal guarantee
requirements.--During the covered period, with respect
to a covered loan--
``(i) no collateral shall be required for
the covered loan; and
``(ii) no personal guarantee 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 1105 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.--During the
covered period, a covered loan shall bear an interest
rate not to exceed 4 percent.
``(M) Subsidy recoupment fee.--Notwithstanding any
other provision of law, a covered loan shall not be
subject to a subsidy recoupment fee.
``(N) 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 less
than 6 months, including payment of
principal, interest, and fees.
``(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 starting on the date on which the
loan is disbursed.
``(iv) Guidance.--Not later than 30 days
after the date of enactment of this paragraph,
the Administrator shall provide guidance to
lenders under this paragraph on the deferment
process described in this subparagraph.
``(O) Secondary market sales.--A covered loan shall
not be eligible to be sold in the secondary market
until the covered recipient of the covered loan has
requested the loan forgiveness authorized under section
1105 of the CARES Act and the Administrator has finally
determined the amount of any forgiveness to which the
eligible recipient is entitled and has made payment to
the lender. Any remaining balance on the loan after the
application of that payment may be sold in the
secondary market.
``(P) Regulatory capital requirements.--
``(i) Risk weight.--With respect to the
appropriate Federal banking agencies 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 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
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 determines
appropriate.
``(Q) Reimbursement for processing.--
``(i) In general.--The Administrator shall
reimburse a lender authorized to make a covered
loan at a rate of 5 percent of the balance of
the financing outstanding at the time of
disbursement of the covered loan.
``(ii) Timing.--A reimbursement described
in clause (i) shall be made not later than 5
days after the disbursement of the covered
loan.
``(R) 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 February 15, 2020 and ending on March 31,
2020 from receiving assistance under this paragraph.''.
(b) Commitments for 7(a) Loans.--During the period beginning on
February 15, 2020 and ending on June 30, 2020--
(1) the amount authorized for commitments for general
business loans authorized under section 7(a) of the Small
Business Act (15 U.S.C. 636(a)), including loans made under
paragraph (36) of such section, as added by subsection (a),
shall be $349,000,000,000; and
(2) the amount authorized for commitments for such loans
under the heading ``business loans program account'' under the
heading ``Small Business Administration'' under title V of the
Consolidated Appropriations Act, 2020 (Public Law 116-93; 133
Stat. 2475) shall not apply.
(c) Express Loans.--
(1) In general.--Section 7(a)(31)(D) of the Small Business
Act (15 U.S.C. 636(a)(31)(D)) is amended by striking
``$350,000'' and inserting ``$1,000,000''.
(2) Prospective repeal.--Effective on January 1, 2021,
section 7(a)(31)(D) of the Small Business Act (15 U.S.C.
636(a)(31)(D)) is amended by striking ``$1,000,000'' and
inserting ``$350,000''.
(d) Exception To Guarantee Fee Waiver for Veterans.--Section
7(a)(31)(G) of the Small Business Act (15 U.S.C. 636(a)(31)(G)) is
amended--
(1) by striking clause (ii); and
(2) by redesignating clause (iii) as clause (ii).
(e) Interim Rule.--On and after the date of enactment of this Act,
the interim final rule published by the Administrator entitled
``Express Loan Programs: Affiliation Standards'' (85 Fed. Reg. 7622
(February 10, 2020)) shall have no force or effect.
SEC. 190003. ENTREPRENEURIAL DEVELOPMENT.
(a) Definitions.--In this section--
(1) the term ``resource partner'' means--
(A) a small business development center; and
(B) a women's business center;
(2) 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
(3) 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--
(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.
(B) Public availability.--The Administrator shall
make publicly available the methodology by which the
Administrator and resource partners jointly develop the
metrics and goals described in subparagraph (A).
(c) Resource Partner Association Grants.--
(1) In general.--The Administrator may provide grants to an
association or associations representing resource partners
under which the association or associations shall establish a
single centralized hub for COVID-19 information, which shall
include--
(A) 1 online platform that consolidates resources
and information available across multiple Federal
agencies for small business concerns related to COVID-
19; and
(B) a training program to educate resource partner
counselors, members of the Service Corps of Retired
Executives established under section 8(b)(1)(B) of the
Small Business Act (15 U.S.C. 637(b)(1)(B)), and
counselors at veterans business outreach centers
described in section 32 of the Small Business Act (15
U.S.C. 657b) on the resources and information described
in subparagraph (A).
(2) Goals and metrics.--Goals and metrics for the funds
made available under this subsection shall be jointly
developed, negotiated, and agreed upon, with full participation
of both parties, between the association or associations
receiving a grant under this subsection and the Administrator.
(d) Report.--Not later than 6 months after the date of enactment of
this Act, and annually thereafter, the Administrator shall submit to
the Committee on Small Business and Entrepreneurship of the Senate and
the Committee on Small Business of the House of Representatives a
report that describes--
(1) with respect to the initial year covered by the
report--
(A) the programs and services developed and
provided by the Administration and resource partners
under subsection (b);
(B) the initial efforts to provide those services
under subsection (b); and
(C) the online platform and training developed and
provided by the Administration and the association or
associations under subsection (c); and
(2) with respect to the subsequent years covered by the
report--
(A) with respect to the grant program under
subsection (b)--
(i) the efforts of the Administrator and
resource partners to develop services to assist
covered small business concerns;
(ii) the challenges faced by owners of
covered small business concerns in accessing
services provided by the Administration and
resource partners;
(iii) the number of unique covered small
business concerns that were served by the
Administration and resource partners; and
(iv) other relevant outcome performance
data with respect to covered small business
concerns, including the number of employees
affected, the effect on sales, the disruptions
of supply chains, and the efforts made 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. 190004. 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. 190005. 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 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--
(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 190002(a)(2) of
this division.
(b) Forgiveness.--An eligible recipient shall be eligible for
forgiveness of indebtedness on a covered loan in an amount equal to the
sum of the following costs incurred and payments made during the
covered period:
(1) Payroll costs.
(2) Any payment of interest on any covered mortgage
obligation (which shall not include any prepayment of or
payment of principal on a covered mortgage obligation).
(3) Any payment on any covered rent obligation.
(4) Any covered utility payment.
(c) Treatment of Amounts Forgiven.--
(1) In general.--Amounts which have been forgiven under
this section shall be considered canceled indebtedness by a
lender authorized under section 7(a) of the Small Business Act
(15 U.S.C. 636(a)).
(2) Purchase of guarantees.--For purposes of the purchase
of the guarantee for a covered loan by the Administrator,
amounts which are forgiven under this section shall be treated
in accordance with the procedures that are otherwise applicable
to a loan guaranteed under section 7(a) of the Small Business
Act (15 U.S.C. 636(a)).
(3) Remittance.--Not later than 90 days after the date on
which the amount of forgiveness under this section is
determined, the Administrator shall remit to the lender an
amount equal to the amount of forgiveness, plus any interest
accrued through the date of payment.
(4) Advance purchase of covered loan.--
(A) Report.--A lender authorized under section 7(a)
of the Small Business Act (15 U.S.C. 636(a)) may report
to the Administrator an expected forgiveness amount on
a covered loan or on a pool of covered loans of up to
100 percent of the principal on the covered loan or
pool of covered loans, respectively.
(B) Purchase.--The Administrator shall purchase the
expected forgiveness amount described in subparagraph
(A) as if the amount were the principal amount of a
loan guaranteed under section 7(a) of the Small
Business Act 636(a).
(C) Timing.--Not later than 5 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.--
(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) 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;
(II) if the eligible recipient was not in
operation before June 30, 2019, 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
(III) in the case of an eligible recipient
that is seasonal employer, as determined by the
Administrator, the average number of full-time
equivalent employees per month employed by the
eligible recipient during the period beginning
on February 15, 2019 and ending on June 30,
2019.
(B) Calculation of average number of employees.--
For purposes of subparagraph (A), the average number of
full-time equivalent employees shall be determined by
calculating the average number of full-time equivalent
employees for each pay period falling within a month.
(3) Reduction relating to salary and wages.--
(A) In general.--The amount of loan forgiveness
under this section shall be reduced by the amount of
any reduction in total salary or wages of any employee
described in subparagraph (B) during the covered period
that is in excess of 25 percent of the total salary or
wages of the employee during the most recent full
quarter during which the employee was employed before
the covered period.
(B) Employees described.--An employee described in
this subparagraph is any employee who did not receive,
during any single pay period during 2019, wages or
salary at an annualized rate of pay in an amount more
than $100,000.
(4) Exception for tipped workers.--An eligible recipient
with tipped employees described in section 3(m)(2)(A) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)) may
receive forgiveness for additional wages paid to those
employees.
(5) Exemption for re-hires.--
(A) In general.--In a circumstance described in
subparagraph (B), the amount of loan forgiveness under
this section shall be determined without regard to a
reduction in the number of full-time equivalent
employees of an eligible recipient or a reduction in
the salary of 1 or more employees of the eligible
recipient, as applicable, during the period beginning
on February 15, 2020 and ending on April 1, 2020.
(B) Circumstances.--A circumstance described in
this subparagraph is a circumstance--
(i) in which--
(I) during the period beginning on
February 15, 2020 and ending on April
1, 2020, 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 April
1, 2020, 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.
(e) Application.--An eligible recipient seeking loan forgiveness
under this section shall submit to the lender that originated the
covered loan an application, which shall include--
(1) documentation verifying the number of full-time
equivalent employees on payroll and pay rates for the periods
described in subsection (d), including--
(A) payroll tax filings reported to the Internal
Revenue Service; and
(B) State income, payroll, and unemployment
insurance filings;
(2) documentation, including cancelled checks, payment
receipts, transcripts of accounts, or other documents verifying
payments on covered mortgage obligations, payments on covered
lease obligations, and covered utility payments;
(3) a certification from a representative of the eligible
recipient authorized to make such certifications that--
(A) the documentation presented is true and
correct; and
(B) the amount for which forgiveness is requested
was used to retain employees, make interest payments on
a covered mortgage obligation, make payments on a
covered rent obligation, or make covered utility
payments; and
(4) any other documentation the Administrator determines
necessary.
(f) Prohibition on Forgiveness Without Documentation.--No eligible
recipient shall receive forgiveness under this section without
submitting to the lender that originated the covered loan the
documentation required under subsection (e).
(g) Decision.--Not later than 60 days after the date on which a
lender receives an application for loan forgiveness under this section
from an eligible recipient, the lender shall issue a decision on the an
application.
(h) Safe Harbor.--If a lender determines that an 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.--Canceled indebtedness under this section shall be
excluded from gross income for purposes of the Internal Revenue Code of
1986.
(j) Rule of Construction.--The cancellation of indebtedness on a
covered loan under this section shall not otherwise modify the terms
and conditions of the covered loan.
(k) Regulations.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall issue guidance and
regulations implementing this section.
SEC. 190006. MINORITY BUSINESS DEVELOPMENT AGENCY.
(a) Definitions.--In this section--
(1) the term ``Agency'' means the Minority Business
Development Agency of the Department of Commerce; and
(2) the term ``minority business center'' means a Business
Center of the Agency.
(b) Education, Training, and Advising Grants.--
(1) In general.--The Agency may provide financial
assistance in the form of grants to minority business centers
to provide education, training, and advising to covered small
business concerns.
(2) Use of funds.--Grants under this section shall be used
for the education, training, and advising of covered small
business concerns 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;
(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) 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 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
covered small business concerns located in the
areas covered by the minority business centers,
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 in responding to unique situations; and
(iii) encourage minority business centers
to develop and provide services to covered
small business concerns.
(B) Public availability.--The Agency shall make
publicly available the methodology by which the Agency
and minority business centers jointly develop the
metrics and goals described in subparagraph (A).
(5) Authorization of appropriations.--There is authorized
to be appropriated $10,000,000 to carry out this section, to
remain available until expended.
(c) Waivers.--
(1) In general.--Notwithstanding any other provision of law
or regulation, the Agency may, during the 3-month period that
begins on the date of enactment of this Act, waive any matching
requirement imposed on a minority business center or 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 of
enactment of this Act and ending on September 30, 2021, such a
center decides not to collect fees because of the economic
consequences of COVID-19, the center shall be considered to be
in compliance with that agreement if--
(A) the center notifies the Agency with respect to
that decision, which the center may provide through
electronic mail; and
(B) the Agency, not later than 15 days after the
date on which the center provides notice to the Agency
under subparagraph (A)--
(i) confirms receipt of the notification
under subparagraph (A); and
(ii) accepts the decision of the center.
SEC. 190007. CONTRACTING.
(a) Definition.--In this section, the term ``covered entity'' means
a small business concern or nonprofit organization--
(1) that is a party to a contract with a Federal agency;
and
(2) for which the contractor performance is adversely
impacted as a result of COVID-19.
(b) Promotion of Small Business Contracting.--
(1) Small business contracting relief.--
(A) In general.--Notwithstanding any other
provision of law or regulation, and except as provided
in subparagraph (B), during the period beginning on the
date of enactment of this Act and ending on September
30, 2021, the head of the Federal agency with which a
covered entity has a contract shall provide the covered
entity with the greater of--
(i) 30 additional days to carry out the
responsibilities of the covered entity under
the contract; or
(ii) an additional amount of time to carry
out the responsibilities of the covered entity
under the contract that the head of the Federal
agency determines to be appropriate after
taking into consideration the severity of the
adverse impact experienced by the covered
entity.
(B) Exclusion of mission-critical contracts.--
Subparagraph (A) shall not apply to any contract that
the head of the Federal agency that is a party to the
contract determines is critical to carrying out the
mission of the Federal agency.
(2) Payment continuation.--If the performance of all or any
part of the work of a Federal goods or services contract with a
contractor that is a small business concern or a nonprofit
organization in force and effect during the period beginning on
the date of enactment of this Act and ending on September 30,
2021, is unavoidably delayed or interrupted by the inability of
the employees of the small business concern or nonprofit
organization, as applicable, to access Government facilities,
systems, or other Government-provided resources due to
restrictions related to COVID-19 that have been imposed by any
authority or due to orders or instructions issued by the
contracting agency in response to COVID-19--
(A) the Government shall pay the small business
concern or nonprofit organization, as applicable, upon
the submission of the documentation required by the
contract and according to the terms specified in the
contract, the prices stipulated in the contract for
goods or services as if the small business concern or
nonprofit organization, as applicable, had rendered and
the Government accepted the goods or services; and
(B) contractor delivery schedules shall be revised
and the small business concern or nonprofit
organization, as applicable, shall be eligible for
equitable adjustments based on the revised schedules.
(3) Prompt payments.--Notwithstanding any other provision
of law or regulation, during any period in which the President
invokes the authorities of the Defense Production Act of 1950
(50 U.S.C. 4501 et seq.), for any payment due by the head of a
Federal agency on a contract for an item of property or service
provided--
(A) with respect to a prime contractor (as defined
in section 8701 of title 41, United States Code) that
is a small business concern or nonprofit organization,
the head of the Federal agency shall, to the fullest
extent permitted by law and to the maximum extent
practicable, establish an accelerated payment date of
15 days after a proper invoice for the amount due is
received; and
(B) with respect to a prime contractor (as defined
in section 8701 of title 41, United States Code) that
subcontracts with a small business concern or nonprofit
organization, the head of the Federal agency shall, to
fullest extent permitted by law and to the maximum
extent practicable, establish an accelerated payment
date of 15 days after receipt of a proper invoice for
the amount due if the prime contractor agrees to make
payments to the subcontractor in accordance with the
accelerated payment date, to the maximum extent
practicable, without any further consideration from or
fees charged to the subcontractor.
(4) Bar on multiple forms of contract relief.--A small
business concern or nonprofit organization may not receive a
modification of terms or assistance under more than 1 paragraph
of this subsection with respect to any single contract.
(c) Resolicitation of Contracts With Small Business Concerns.--
During fiscal years 2021 and 2022, a Federal agency shall not cancel a
contract in which the prime contractor (as defined in section 8701 of
title 41, United States Code) is a small business concern that
defaulted on the terms of the contract directly or indirectly due to
the COVID-19 unless the Director of Small and Disadvantaged Business
Utilization of the Federal agency certifies that--
(1) the contract is mission-critical;
(2) resolicitation of the contract would allow a faster
delivery than the small business concern could provide; and
(3) the resolicitation of the contract is, to the greatest
extent possible, awarded to another small business concern.
(d) 8(a) Extension.--The Administrator of the Small Business
Administration shall allow a small business concern participating in
the program established under section 8(a) of the Small Business Act on
the date of enactment of this section, to extend such participation by
a period of 1 year from the date of the concern's admission to the
program.
SEC. 190008. UNITED STATES TREASURY PROGRAM MANAGEMENT AUTHORITY.
(a) Authority To Include Additional Financial Institutions.--The
Department of the Treasury, in consultation with the Administration,
the Farm Credit Administration, and the other Federal financial
regulatory agencies (as defined in section 313(r) of title 31, United
States Code), shall establish criteria for insured depository
institutions (as defined in section 3 of the Federal Deposit Insurance
Act (12 U.S.C. 1813)), 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 small business interruption
loans 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.
(b) Safety and Soundness.--An insured depository institution (as
defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813)), 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.
(c) Regulations for Lenders and Loans.--
(1) In general.--The Secretary of the Treasury, in
consultation with the Administrator, shall issue regulations
and guidance in order to direct additional lenders under this
section and establish terms and conditions for small business
interruption loans under this section, including terms
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 190002(a)(2) of this
division.
(B) Terms and conditions that, to the maximum
extent practicable, are the same as 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 190002(a)
of this division:
(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 (N), pertaining to loan
deferment.
(C) A guarantee percentage that, to the maximum
extent practicable, is the same as 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 190002 of this
division.
(D) Loan forgiveness under terms and conditions
that, to the maximum extent practicable, are the same
as the terms and conditions for loan forgiveness under
section 190005 of this division.
(d) Additional Regulations Generally.--The Secretary of the
Treasury may issue regulations and guidance as may be necessary to
carry out the purposes of this section.
(e) Certification.--As a condition of receiving a loan under this
section, a borrower shall certify under terms acceptable to the
Secretary of the Treasury 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)); and
(2) has not received such a loan during the period
beginning on February 15, 2020 and ending on December 31, 2020.
(f) Program Administration.--Under the infrastructure of the
Department of the Treasury and with guidance from the Secretary of the
Treasury, 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.
(g) 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. 190009. EMERGENCY ECONOMIC INJURY GRANTS FOR ADDITIONAL COVERED
ENTITIES.
(a) In General.--The Administrator of the Small Business
Administration shall provide grants to additional covered entities that
have suffered a substantial economic injury (as defined in section
7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2))), directly or
indirectly, as a result of the public health emergency declared because
of COVID-19.
(b) Additional Covered Entity Defined.--The term ``additional
covered entity'' means--
(1) a 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 71; 72; 44; 45; and 812930;
(2) a small business concern (as defined under section 3 of
the Small Business Act (15 U.S.C. 632)); and
(3) if such person was in operation on or before January
31, 2020--
(A) a individual who operates under a sole
proprietorship or as an independent contractor;
(B) a cooperative that employs not more than 500
employees per physical location of the cooperative;
(C) an ESOP (as defined in section 3(q)(6) of the
Small Business Act (15 U.S.C. 632(q)(6))) that employs
not more than 500 employees per physical location of
the ESOP;
(D) an organization serving veterans or members of
the Armed Forces (as defined in section 501(c)(19) of
the Internal Revenue Code of 1986, that is exempt from
taxation under subsection (a) of such section);
(E) a private non-profit organization that employs
not more than 500 employees per physical location of
the organization; or
(F) a start-up small business concern that employs
not more than 500 employees per physical location of
the concern.
(c) Process.--The Administrator shall use the existing direct loan
application process administered under section 7(b) of the Small
Business Act (15 U.S.C. 636(b)) to disburse grant funds, to greatest
extent possible, within 3 days after receiving an application from an
additional covered entity.
(d) Verification.--Before disbursing amounts under this subsection,
the Administrator shall verify that the applicant is an additional
covered entity.
(e) Exemption From Affiliation Rules.--For the purposes of this
section, the Administrator of the Small Business Administration shall
suspend the application of the affiliation rules of the Administration
during the period beginning on January 31, 2020 and ending on September
30, 2021, except that individual affiliates may not exceed the current
small business size standard for the industry in which the affiliate
operates, and any group of affiliates may not receive more than 3 times
the maximum allowable grant amount under subsection (f).
(f) Amount of Grant.--The amount of a grant provided under this
section shall be not more than $10,000.
(g) Use of Funds.--An additional covered entity that receives a
grant under this section may use the grant funds to address the direct
effects of the COVID-19 pandemic, including--
(1) payroll support, including paid sick, medical, or
family leave and costs related to the continuation of health
care benefits;
(2) maintaining payroll to retain employees during business
disruptions or substantial slowdowns;
(3) meeting increased costs to obtain materials unavailable
from the original source of the additional covered entity due
to interrupted supply chains;
(4) making payments under a lease or mortgage loan, or a
contract for utility services, related to a place of operation
of the additional covered entity;
(5) repaying obligations that cannot be met due to revenue
losses; and
(6) other expenses, as deemed appropriate by the
Administrator.
(h) Eligibility for Additional Assistance.--An additional covered
entity that receives a grant under this section may also apply for a
loan under subsections (a) or (b) of section 7 of the Small Business
Act (15 U.S.C. 636).
(i) Procedures.--The Administrator shall establish procedures to
verify and document the compliance of an additional covered entity that
receives a grant under this section with the requirements under this
section in order to prevent waste, fraud, and abuse of such grant
funds.
(j) Report.--Not later than March 31, 2022, the Administrator of
the Small Business Administration shall submit to Congress a report
that includes--
(1) the number of grants made under this section,
disaggregated by the number of grants made--
(A) in an amount less than or equal to $1,000;
(B) in an amount greater than $2,000 but less than
or equal to $3,000;
(C) in an amount greater than $3,000 but less than
or equal to $4,000;
(D) in an amount greater than $4,000 but less than
or equal to $5,000;
(E) in an amount greater than $5,000 but less than
or equal to $6,000;
(F) in an amount greater than $6,000 but less than
or equal to $7,000;
(G) in an amount greater than $7,000 but less than
or equal to $8,000;
(H) in an amount greater than $8,000 but less than
or equal to $9,000; and
(I) in an amount greater than $9,000 but less than
or equal to $10,000;
(2) the average amount of a grant award;
(3) an analysis of the program established under this
section and recommendations for improvement;
(4) the average time from receipt of an application to
approval of grant under this section; and
(5) the average time from approval of grant to disbursement
of grant funds.
(k) Authorization of Appropriations.--There is authorized to be
appropriated $100,000,000,000 to the Administrator to carry out this
section.
(l) Termination.--The authority to carry out grants under this
section shall terminate on September 30, 2021.
SEC. 190010. 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. 190011. 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)), including a loan made under the
Community Advantage Pilot Program of the
Administration; 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 division,
the Administration should encourage lenders to provide payment
deferments, when appropriate, and to extend the maturity of
covered loans, so as to avoid balloon payments or any
requirement for increases in debt payments resulting from
deferments provided by lenders during the period of the
national emergency declared by the President under the National
Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the
Coronavirus Disease 2019 (COVID-19).
(c) Principal and Interest Payments.--
(1) In general.--The Administrator shall pay the principal,
interest, and any associated fees that are owed on a covered
loan in a regular servicing status--
(A) with respect to a covered loan made before the
date of enactment of this Act and not on deferment, for
the 6-month period beginning with the next payment due
on the covered loan;
(B) with respect to a covered loan made before the
date of enactment of this Act and on deferment, for the
6-month period beginning with the next payment due on
the covered loan after the deferment period; and
(C) with respect to a covered loan made during the
period beginning on the date of enactment of this Act
and ending on the date that is 6 months after such date
of enactment, for the 6-month period beginning with the
first payment due on the covered loan.
(2) Timing of payment.--The Administrator shall begin
making payments under paragraph (1) on a covered loan not later
than 30 days after the date on which the first such payment is
due.
(3) Application of payment.--Any payment made by the
Administrator under paragraph (1) shall be applied to the
covered loan such that the borrower is relieved of the
obligation to pay that amount.
(d) Other Requirements.--The Administrator shall--
(1) communicate and coordinate with the Federal Deposit
Insurance Corporation, the Office of the Comptroller of the
Currency, and State bank regulators to encourage those entities
to not require lenders to increase their reserves on account of
receiving payments made by the Administrator under subsection
(c);
(2) waive statutory limits on maximum loan maturities for
any covered loan durations where the lender provides a deferral
and extends the maturity of covered loans during the 1-year
period following the date of enactment of this Act; and
(3) when necessary to provide more time because of the
potential of higher volumes, travel restrictions, and the
inability to access some properties during the COVID-19
pandemic, extend lender site visit requirements to--
(A) not more than 60 days (which may be extended at
the discretion of the Administration) after the
occurrence of an adverse event, other than a payment
default, causing a loan to be classified as in
liquidation; and
(B) not more than 90 days after a payment default.
(e) Rule of Construction.--Nothing in this section may be construed
to limit the authority of the Administrator to make payments pursuant
to subsection (c) with respect to a covered loan solely because the
covered loan has been sold in the secondary market.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $16,800,000,000 to carry out this
section.
SEC. 190012. TEMPORARY FEE REDUCTIONS.
(a) Purpose.--The purpose of the section is to waive borrower and
lender fees on loans, including a permanent fix to waive fees for
veterans and their spouses.
(b) Administrative Fee Waiver.--
(1) In general.--During the period beginning on the date of
enactment of this Act and ending on September 30, 2021, and to
the extent that the cost of such elimination or reduction of
fees is offset by appropriations, with respect to each loan
guaranteed under section 7(a) of the Small Business Act (15
U.S.C. 636(a)) (including a recipient of assistance under the
Community Advantage Pilot Program of the Administration) for
which an application is approved or pending approval on or
after the date of enactment of this Act, the Administrator
shall--
(A) in lieu of the fee otherwise applicable under
section 7(a)(23)(A) of the Small Business Act (15
U.S.C. 636(a)(23)(A)), collect no fee or reduce fees to
the maximum extent possible; and
(B) in lieu of the fee otherwise applicable under
section 7(a)(18)(A) of the Small Business Act (15
U.S.C. 636(a)(18)(A)), collect no fee or reduce fees to
the maximum extent possible.
(2) Application of fee eliminations or reductions.--To the
extent that amounts are made available to the Administrator for
the purpose of fee eliminations or reductions under paragraph
(1), the Administrator shall--
(A) first use any amounts provided to eliminate or
reduce fees paid by small business borrowers under
clauses (i) through (iii) of section 7(a)(18)(A) of the
Small Business Act (15 U.S.C. 636(a)(18)(A)), to the
maximum extent possible; and
(B) then use any amounts provided to eliminate or
reduce fees under 7(a)(23)(A) of the Small Business Act
(15 U.S.C. 636(a)(23)(A)).
(c) 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).
(d) Temporary Fee Elimination for the 504 Loan Program.--
(1) In general.--During the period beginning on the date of
enactment of this section and ending on September 30, 2021, and
to the extent the cost of such elimination in fees is offset by
appropriations, with respect to each project or loan guaranteed
by the Administrator pursuant to title V of the Small Business
Investment Act of 1958 (15 U.S.C. 695 et seq.) for which an
application is approved or pending approval on or after the
date of enactment of this section--
(A) the Administrator shall, in lieu of the fee
otherwise applicable under section 503(d)(2) of the
Small Business Investment Act of 1958 (15 U.S.C.
697(d)(2)), collect no fee; and
(B) a development company shall, in lieu of the
processing fee described under section 120.971(a)(1) of
title 13, Code of Federal Regulations (relating to fees
paid by borrowers), or any successor thereto, collect
no fee.
(2) Reimbursement for waived fees.--
(A) In general.--To the extent that the cost of
such payments is offset by appropriations, the
Administrator shall reimburse each development company
that does not collect a processing fee pursuant to
paragraph (1)(B).
(B) Amount.--The payment to a development company
under subparagraph (A) shall be in an amount equal to
1.5 percent of the net debenture proceeds for which the
development company does not collect a processing fee
pursuant to paragraph (1)(B).
SEC. 190013. GUARANTEE AMOUNTS.
(a) Purpose.--The purpose of this section is to increase loan
guarantee amounts in order to mitigate risk for lenders and keep credit
flowing, including an emphasis on underserved borrowers.
(b) 7(a) Loan Guarantees.--
(1) In general.--Section 7(a)(2)(A) of the Small Business
Act (15 U.S.C. 636(a)(2)(A)) is amended by striking ``), such
participation by the Administration shall be equal to'' and all
that follows through the period at the end and inserting ``or
the Community Advantage Pilot Program of the Administration),
such participation by the Administration shall be equal to 90
percent of the balance of the financing outstanding at the time
of disbursement of the loan.''.
(2) Termination.--Effective September 30, 2021, section
7(a)(2)(A) of the Small Business Act (15 U.S.C. 636(a)(2)(A)),
as amended by paragraph (1), is amended to read as follows:
``(A) In general.--Except as provided in
subparagraphs (B), (D), and (E), in an agreement to
participate in a loan on a deferred basis under this
subsection (including a loan made under the Preferred
Lenders Program), such participation by the
Administration shall be equal to--
``(i) 75 percent of the balance of the
financing outstanding at the time of
disbursement of the loan, if such balance
exceeds $150,000; or
``(ii) 85 percent of the balance of the
financing outstanding at the time of
disbursement of the loan, if such balance is
less than or equal to $150,000.''.
(c) Express Loan Guarantee Amounts and Loan Size Increases.--
(1) Temporary modification.--Section 7(a)(31) of the Small
Business Act (15 U.S.C. 636(a)(31)) is amended--
(A) in subparagraph (A)(iv), by striking ``with a
guaranty rate of not more than 50 percent.'' and
inserting the following: ``with a guarantee rate--
``(I) for a loan in an amount less
than or equal to $350,000, of not more
than 90 percent; and
``(II) for a loan in an amount
greater than $350,000, of not more than
75 percent.''; and
(B) in subparagraph (D), by striking ``$350,000''
and inserting ``$1,000,000''.
(2) Increase in availability.--Effective September 30,
2021, section 7(a)(31) of the Small Business Act (15 U.S.C.
636(a)(31)), as amended by paragraph (1), is amended--
(A) in subparagraph (A)(iv), by striking
``guarantee rate'' and all that follows through the
period at the end and inserting ``guarantee rate of not
more than 50 percent.''; and
(B) in subparagraph (D), by striking ``$1,000,000''
and inserting ``$500,000''.
SEC. 190014. MAXIMUM LOAN AMOUNT AND PROGRAM LEVELS FOR 7(A) LOANS.
(a) Purpose.--The purpose of this section is to temporarily
increase the maximum loan size in order to expand the reach of this
long-term capital.
(b) Maximum Loan Amount.--During the period beginning on the date
of enactment of this section and ending on September 30, 2021, with
respect to any loan guaranteed under section 7(a) of the Small Business
Act (15 U.S.C. 636(a)) for which an application is approved or pending
approval on or after the date of enactment of this section, the maximum
loan amount shall be $10,000,000.
(c) Program Levels.--During each of fiscal years 2020 and 2021,
commitments for general business loans authorized under section 7(a) of
the Small Business Act (15 U.S.C. 636(a)) shall not exceed
$75,000,000,000.
(d) Collateral Requirements.--During the period beginning on the
date of enactment of this section and ending September 30, 2021, with
respect to each loan guaranteed under section 7(a) of the Small
Business Act (15 U.S.C. 636(a))--
(1) no collateral shall be required on loans of $100,000
and less made under this section; and
(2) the Administration shall establish appropriate
collateral standards for loans over $100,000 made under this
section except that when a loan over $350,000 is not fully
secured by business assets, the Administration shall not
require that loan guarantors as described in subparagraph (3)
pledge personally owned assets including personal residences
and other personally owned real estate as additional collateral
on the loan.
(e) Personal Guarantee.--During the period beginning on the date of
enactment of this section and ending September 30, 2021, with respect
to each loan guaranteed under section 7(a) of the Small Business Act
(15 U.S.C. 636(a)), no personal guarantee shall be required on loans to
cooperatives.
SEC. 190015. MAXIMUM LOAN AMOUNT FOR 504 LOANS.
(a) Purpose.--The purpose of this section is to make refinancing of
fixed assets more flexible for small business concerns seeking
immediate financing and relief from the COVID-19 crisis.
(b) Temporary Increase.--During the period beginning on the date of
enactment of this section and ending on September 30, 2021, with
respect to each project or loan guaranteed by the Administrator
pursuant to title V of the Small Business Investment Act of 1958 (15
U.S.C. 695 et seq.) for which an application is approved or pending
approval on or after the date of enactment of this section, the maximum
portion of a loan that is backed by the CDC shall be $10,000,000.
(c) Permanent Increase for Small Manufacturers.--Effective on
October 1, 2021, section 502(2)(A)(iii) of the Small Business
Investment Act of 1958 (15 U.S.C. 696(2)(A)(iii)) is amended by
striking ``$5,500,000'' and inserting ``$10,000,000''.
(d) Refinancing Not Involving Expansions.--
(1) In general.--Section 502(7) of the Small Business
Investment Act of 1958 (15 U.S.C. 696(7)) is amended by adding
at the end the following:
``(C) Refinancing not involving expansions.--
``(i) Definitions.--In this subparagraph--
``(I) the term `borrower' means a
small business concern that submits an
application to a development company
for financing under this subparagraph;
``(II) the term `eligible fixed
asset' means tangible property relating
to which the Administrator may provide
financing under this section; and
``(III) the term `qualified debt'
means indebtedness--
``(aa) that--
``(AA) was incurred
not less than 2 years
before the date of the
application for
assistance under this
subparagraph;
``(BB) is a
commercial loan;
``(CC) the proceeds
of which were used to
acquire an eligible
fixed asset;
``(DD) was incurred
for the benefit of the
small business concern;
and
``(EE) is
collateralized by
eligible fixed assets;
and
``(bb) for which the
borrower has been current on
all payments for not less than
1 year before the date of the
application.
``(ii) Authority.--A project that does not
involve the expansion of a small business
concern may include the refinancing of
qualified debt if--
``(I) the amount of the financing
is not more than 90 percent of the
value of the collateral for the
financing, except that, if the
appraised value of the eligible fixed
assets serving as collateral for the
financing is less than the amount equal
to 125 percent of the amount of the
financing, the borrower may provide
additional cash or other collateral to
eliminate any deficiency;
``(II) the borrower has been in
operation for all of the 2-year period
ending on the date of the loan;
``(III) the financing will provide
a substantial benefit to the borrower
when prepayment penalties, financing
fees, and other financing costs are
accounted for; and
``(IV) for a financing for which
the Administrator determines there will
be an additional cost attributable to
the refinancing of the qualified debt,
the borrower agrees to pay a fee in an
amount equal to the anticipated
additional cost.
``(iii) Financing for business expenses.--
``(I) Financing for business
expenses.--The Administrator may
provide financing to a borrower that
receives financing that includes a
refinancing of qualified debt under
clause (ii), in addition to the
refinancing under clause (ii), to be
used solely for the payment of business
expenses.
``(II) Application for financing.--
An application for financing under
subclause (I) shall include--
``(aa) a specific
description of the expenses for
which the additional financing
is requested; and
``(bb) an itemization of
the amount of each expense.
``(III) Condition on additional
financing.--A borrower may not use any
part of the financing under this clause
for non-business purposes.
``(iv) Loans based on jobs.--
``(I) Job creation and retention
goals.--
``(aa) In general.--The
Administrator may provide
financing under this
subparagraph for a borrower
that meets the job creation
goals under subsection (d) or
(e) of section 501.
``(bb) Alternate job
retention goal.--The
Administrator may provide
financing under this
subparagraph to a borrower that
does not meet the goals
described in item (aa) in an
amount that is not more than
the product obtained by
multiplying the number of
employees of the borrower by
$75,000.
``(II) Number of employees.--For
purposes of subclause (I), the number
of employees of a borrower is equal to
the sum of--
``(aa) the number of full-
time employees of the borrower
on the date on which the
borrower applies for a loan
under this subparagraph; and
``(bb) the product obtained
by multiplying--
``(AA) the number
of part-time employees
of the borrower on the
date on which the
borrower applies for a
loan under this
subparagraph; by
``(BB) the quotient
obtained by dividing
the average number of
hours each part time
employee of the
borrower works each
week by 40.
``(v) Nondelegation.--Notwithstanding
section 508(e), the Administrator may not
permit a premier certified lender to approve or
disapprove an application for assistance under
this subparagraph.
``(vi) Total amount of loans.--The
Administrator may provide not more than a total
of $7,500,000,000 of financing under this
subparagraph for each fiscal year.''.
(2) Conforming amendment.--Section 521 of division E of the
Consolidated Appropriations Act, 2016 (15 U.S.C. 696 note) is
repealed.
(e) 504 Debt Refinance With Expansion.--Section 502(7)(B) of the
Small Business Investment Act of 1948 (15 U.S.C. 696(7)(B)) is amended,
in the matter preceding clause (i), by striking ``50'' and inserting
``100''.
``(c) Express Program.--An accredited lender certified company,
may, with respect to a covered loan, take any of the following actions
with respect to the loan:
``(1) Any action described in any of subparagraphs (A)
through (J) of subsection (b)(1).
``(2) If the borrower is not delinquent with respect to the
loan payments--
``(A) permit the loan to subordinate to a new third
party lender loan for the purposes of refinancing that
third party lender loan, except that no refinanced
amount with respect to the loan may be increased in
order to provide cash to the borrower;
``(B) permit a new party to assume responsibility
for the loan if the original borrower remains on the
loan as the original guarantor;
``(C) obtain force placed insurance coverage for
the loan if the borrower has allowed insurance coverage
with respect to the loan to lapse; and
``(D) endorse an insurance check with respect to
the property that is financed by the loan in an amount
that is less than $100,000.
``(3) Certify that the loan is compliant with the appraisal
requirements and environmental policies and procedures
applicable to the loan under Standard Operating Procedure 50 10
5(K) of the Administration, effective April 1, 2019, or any
successor Standard Operating Procedure.
``(d) Definitions.--In this section--
``(1) the term `accredited lender certified company' means
a certified development company that meets the requirements
under section 507(b), including a certified development company
that the Administration has designated as an accredited lender
under such section 507(b); and
``(2) the term `covered loan'--
``(A) means a loan made under subsection (a) in an
amount that is not more than $500,000; and
``(B) does not include a loan made to a borrower
that is a franchise that, or is in an industry that,
has a high rate of default, as annually determined by
the Administrator.''.
SEC. 190016. ECONOMIC INJURY DISASTER LOANS IMPROVEMENTS.
(a) Approval and Ability To Repay for Certain 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 the COVID-19 pandemic that does not
exceed $350,000, the Administrator--
(1) may 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.
(b) Emergencies Involving Federal Primary Responsibility Qualifying
for Small Business Administration 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.''.
(c) Credit Elsewhere; No Personal Guarantee.--The flush matter
following subparagraph (E) (as so redesignated) of section 7(b)(2) of
the Small Business Act (15 U.S.C. 636(b)(2)) is amended by striking
``That no loan or guarantee'' and all that follows through ``credit
elsewhere'' and inserting the following: ``With respect to a loan made
under this paragraph to a cooperative, the Administrator shall not
require a personal guarantee for such a loan''.
(d) Eligibility of Cooperatives.--Section 7(b)(2) of the Small
Business Act (15 U.S.C. 636(b)(2)) is amended by striking ``small
agricultural cooperative'' and inserting ``small cooperative''.
(e) Additional Amounts.--
(1) In general.--The Administrator of the Small Business
Administration may increase by 20 percent the amount received
by an eligible small business concern under section 7(b)(2) of
the Small Business Act (15 U.S.C. 636(b)(2)) to cover
continuity-of-operations and risk mitigation improvements,
including telework capability, offsite record keeping,
redundancy, the administrative costs of establishing paid sick
leave, and presenteeism prevention.
(2) Definition.--In this section, the term ``eligible small
business concern'' means a small business concern that--
(A) meets the applicable size standard established
under section 3 of the Small Business Act (15 U.S.C.
632); and
(B) is receiving assistance under section 7(b)(2)
of the Small Business Act (15 U.S.C. 636(b)(2)) related
to COVID-19.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out the loan program under
section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2))--
(1) $177,000,000 for administration costs; and
(2) $25,000,000,000 to provide loans or other assistance.
SEC. 190017. RECOVERY ASSISTANCE FOR MICROBUSINESSES.
(a) Purpose.--The purpose of this section is to allow lenders to
deploy more capital, give borrowers more time to repay, increase rural
lending, and cut technical assistance red tape.
(b) Loans to Intermediaries.--
(1) In general.--Section 7(m) of the Small Business Act (15
U.S.C. 636(m)) is amended--
(A) in paragraph (3)(C)--
(i) by striking ``and $6,000,000'' and
inserting ``$10,000,000, in the aggregate,'';
and
(ii) by inserting before the period at the
end the following: ``, and $4,500,000 in any of
those remaining years'';
(B) in paragraph (4)--
(i) in subparagraph (A), by striking
``subparagraph (C)'' each place that term
appears and inserting ``subparagraphs (C) and
(G)'';
(ii) in subparagraph (C), by amending
clause (i) to read as follows:
``(i) In general.--In addition to grants
made under subparagraph (A) or (G), each
intermediary shall be eligible to receive a
grant equal to 5 percent of the total
outstanding balance of loans made to the
intermediary under this subsection if--
``(I) the intermediary provides not
less than 25 percent of its loans to
small business concerns located in or
owned by one or more residents of an
economically distressed area; or
``(II) the intermediary has a
portfolio of loans made under this
subsection--
``(aa) that averages not
more than $10,000 during the
period of the intermediary's
participation in the program;
or
``(bb) of which not less
than 25 percent is serving
rural areas during the period
of the intermediary's
participation in the
program.''; and
(iii) by adding at the end the following:
``(G) Grant amounts based on appropriations.--In
any fiscal year in which the amount appropriated to
make grants under subparagraph (A) is sufficient to
provide to each intermediary that receives a loan under
paragraph (1)(B)(i) a grant of not less than 25 percent
of the total outstanding balance of loans made to the
intermediary under this subsection, the Administration
shall make a grant under subparagraph (A) to each
intermediary of not less than 25 percent and not more
than 30 percent of that total outstanding balance for
the intermediary.''; and
(C) by striking paragraph (7) and inserting the
following:
``(7) Program funding for microloans.--Under the program
authorized by this subsection, the Administration may fund, on
a competitive basis, not more than 300 intermediaries.''.
(2) Adjustment to microloan limits.--Effective on October
1, 2021, section 7(m)(3)(C) of the Small Business Act (15
U.S.C. 636(m)(3)(C)), as amended by paragraph (1)(A), is
further amended--
(A) by striking ``$10,000,000'' and by inserting
``$7,000,000'' and
(B) by striking ``$4,500,000'' and inserting
``$3,000,000''.
(c) Temporary Waiver of Technical Assistance Grants Matching
Requirements and Flexibility on Pre- and Post-Loan Assistance.--During
the period beginning on the date of enactment of this section and
ending on September 30, 2021, the Administration shall waive--
(1) the requirement to contribute non-Federal funds under
section 7(m)(4)(B) of the Small Business Act (15 U.S.C.
636(m)(4)(B)); and
(2) the limitation on amounts allowed to be expended to
provide information and technical assistance under clause (i)
of section 7(m)(4)(E) of the Small Business Act (15 U.S.C.
636(m)(4)(E)) and entering into third party contracts to
provide technical assistance under clause (ii) of such section
7(m)(4)(E).
(d) Temporary Duration of Loans to Borrowers.--
(1) In general.--During the period beginning on the date of
enactment of this section and ending on September 30, 2021, the
duration of a loan made by an eligible intermediary under
section 7(m) of the Small Business Act (15 U.S.C. 636(m))--
(A) to an existing borrower may be extended to not
more than 8 years; and
(B) to a new borrower may be not more than 8 years.
(2) Reversion.--On and after October 1, 2021, the duration
of a loan made by an eligible intermediary to a borrower under
section 7(m) of the Small Business Act (15 U.S.C. 636(m)) shall
be 7 years or such other amount established by the
Administrator.
(e) Program Levels.--Section 20 of the Small Business Act (15
U.S.C. 631 note) is amended by adding at the end the following:
``(h) Microloan Program.--For each of fiscal years 2021 through
2025, the Administration is authorized to make--
``(1) $80,000,000 in technical assistance grants, as
provided in section 7(m); and
``(2) $110,000,000 in direct loans, as provided in section
7(m).''.
SEC. 190018. ADDITIONAL LEVERAGE FOR SMALL BUSINESSES AFFECTED BY THE
COVID-19 OUTBREAK.
(a) In General.--Section 303(b)(2) of the Small Business Investment
Act of 1958 (15 U.S.C. 683(b)(2)) is amended by adding at the end the
following:
``(E) Additional leverage base on investment.--
``(i) Exclusion of amounts.--In calculating
the outstanding leverage of a company for
purposes of subparagraph (A) or (B), the
Administrator shall exclude the amount of
leverage outstanding to covered small
businesses, not to exceed an amount equal to
$100,000,000, if the amount excluded is used
exclusively for working capital purposes.
``(ii) Covered small business defined.--In
this subparagraph, the term `covered small
business' means a small business concern is
located in a State or territory of the United
States with at least one confirmed or presumed
positive case of COVID-19.''.
(b) Application.--Notwithstanding any other provision of law, for
purposes of additional leverage requested under subparagraph (E) of
section 303(b)(2) of the Small Business Investment Act of 1958, as
added by subsection (a), the Administrator shall approve or deny such
request within 14 calendar days of receipt by the Administrator of the
request.
SEC. 190019. STATE TRADE EXPANSION PROGRAM.
(a) Reimbursement.--The Administrator of the Small Business
Administration 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.
(b) Budget Plan Revisions.--Section 22(l)(3) of the Small Business
Act (15 U.S.C. 649(l)(3)) is amended--
(1) in subparagraph (D)(i), by inserting ``, including a
budget plan for use of funds awarded under this subsection''
before the period at the end; and
(2) by adding at the end the following new subparagraph:
``(E) Budget plan revisions.--
``(i) In general.--A State receiving a
grant under this subsection may revise the
budget plan of the State submitted under
subparagraph (D) after the disbursal of grant
funds if--
``(I) the revision complies with
allowable uses of grant funds under
this subsection; and
``(II) such State submits
notification of the revision to the
Associate Administrator.
``(ii) Exception.--If a revision under
clause (i) reallocates 10 percent or more of
the amounts described in the budget plan of the
State submitted under subparagraph (D), the
State may not implement the revised budget plan
without the approval of the Associate
Administrator, unless the Associate
Administrator fails to approve or deny the
revised plan within 10 days after receipt of
such revised plan.''.
SEC. 190020. 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 division and
the amendments made by this division without regard to the notice
requirements under section 553(b) of title 5, United States Code.
DIVISION T--REVENUE PROVISIONS
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Emergency
Pension Plan Relief Act of 2020''.
(b) Table of Contents.--The table of contents of this division is
as follows:
Sec. 1. Short title; table of contents.
TITLE I--HEALTH-RELATED TAX RELIEF
Sec. 101. Payroll credit for COVID-19 charity care provided by
hospitals.
Sec. 102. Payroll credit for COVID-19 hospital facility expenditures.
Sec. 103. Restoration of limitations on reconciliation of tax credits
for coverage under a qualified health plan
with advance payments of such credit.
Sec. 104. Improving affordability by reducing premium costs for
consumers.
TITLE II--ECONOMIC STIMULUS
Subtitle A--Economic Assistance Payments
Sec. 201. 2020 economic assistance payments to individuals.
Sec. 202. Economic assistance payments to certain Federal
beneficiaries.
Subtitle B--Earned Income Tax Credit
Sec. 211. Strengthening the earned income tax credit for individuals
with no qualifying children.
Sec. 212. Taxpayer eligible for childless earned income credit in case
of qualifying children who fail to meet
certain identification requirements.
Sec. 213. Credit allowed in case of certain separated spouses.
Sec. 214. Elimination of disqualified investment income test.
Sec. 215. Application of earned income tax credit in possessions of the
United States.
Subtitle C--Child Tax Credit
Sec. 221. Child tax credit fully refundable for 2020 through 2025.
Sec. 222. Application of child tax credit in possessions.
Sec. 223. Increased child tax credit for children who have not attained
age 6.
Subtitle D--Dependent Care Assistance
Sec. 231. Refundability and enhancement of child and dependent care tax
credit.
Sec. 232. Increase in exclusion for employer-provided dependent care
assistance.
Subtitle E--Net Operating Losses
Sec. 241. Five-year carryback of net operating losses and temporary
suspension of taxable income limitation.
Subtitle F--Employee Retention Credit
Sec. 251. Payroll credit for certain employers affected by COVID-19.
Subtitle G--Credits for Paid Sick and Family Leave
Sec. 261. Extension of credits.
Sec. 262. Repeal of reduced rate of credit for certain leave.
Sec. 263. Federal, State, and local governments allowed tax credits
for paid sick and paid family and medical
leave.
Sec. 264. Credits not allowed to certain large employers.
Sec. 265. Effective date.
TITLE III--ADMINISTRATIVE
Sec. 301. Delay of certain deadlines.
TITLE IV--RETIREMENT PROVISIONS
Sec. 401. Special rules for use of retirement funds.
Sec. 402. Single-employer plan funding rules.
Sec. 403. Temporary waiver of required minimum distribution rules for
certain retirement plans and accounts.
Sec. 404. Modification of special rules for minimum funding standards
for community newspaper plans.
Sec. 405. 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. 406. Extended amortization for single employer plans.
Sec. 407. Extension of pension funding stabilization percentages for
single employer plans.
TITLE V--REHABILITATION FOR MULTIEMPLOYER PENSIONS
Sec. 501. Short title.
Sec. 502. Pension Rehabilitation Administration; establishment; powers.
Sec. 503. Pension Rehabilitation Trust Fund.
Sec. 504. Loan program for multiemployer defined benefit plans.
Sec. 505. Coordination with withdrawal liability and funding rules.
Sec. 506. Issuance of Treasury bonds.
Sec. 507. Reports of plans receiving pension rehabilitation loans.
Sec. 508. PBGC financial assistance.
TITLE I--HEALTH-RELATED TAX RELIEF
SEC. 101. PAYROLL CREDIT FOR COVID-19 CHARITY CARE PROVIDED BY
HOSPITALS.
(a) In General.--In the case of an employer which is an eligible
hospital, there shall be allowed as a credit against the tax imposed by
section 3111(a) of the Internal Revenue Code of 1986 for each calendar
quarter an amount equal to 90 percent of the COVID-related charity care
furnished by such hospital during such calendar quarter.
(b) Limitations and Refundability.--
(1) Credit limited to certain employment taxes.--The credit
allowed by subsection (a) with respect to any calendar quarter
shall not exceed the tax imposed by section 3111(a) of such
Code for such calendar quarter (reduced by any credits allowed
under subsection (e) or (f) of section 3111 of such Code, or
under section 7001 or 7003 of the Families First Coronavirus
Response Act, for such quarter) on the wages paid with respect
to the employment of all employees of the employer.
(2) Refundability of excess credit.--
(A) In general.--If the amount of the credit under
subsection (a) exceeds the limitation of paragraph (1)
for any calendar quarter, such excess shall be treated
as an overpayment that shall be refunded under sections
6402(a) and 6413(b) of such Code.
(B) Treatment of payments.--For purposes of section
1324 of title 31, United States Code, any amounts due
to an 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) Eligible Hospital.--For purposes of this section, the term
``eligible hospital'' means a subsection (d) hospital as defined in
section 1886(d)(1)(B) of the Social Security Act (42 U.S.C.
1395ww(d)(1)(B)) or a critical access hospital (as defined in section
1861(mm)(1) of such Act (42 U.S.C. 1395x(mm)(1)).
(d) COVID-Related Charity Care.--For purposes of this section--
(1) In general.--The term ``COVID-related charity care''
means, with respect to any eligible hospital, so much of the
specified charity care furnished by such hospital as relates to
items and services furnished in the United States for the
treatment of COVID-19 or a related condition.
(2) Specified charity care.--The term ``specified charity
care'' means, with respect to an eligible hospital, the cost of
charity care of such hospital as defined for purposes of the
Medicare Cost Report Worksheet S-10.
(e) Special Rules.--
(1) Denial of double benefit.--For purposes of chapter 1 of
the Internal Revenue Code of 1986, any deduction otherwise
allowable under such chapter for any COVID-related charity care
shall be reduced by the amount of the credit allowed under this
section with respect to such care.
(2) Documentation.--No credit shall be allowed under this
section unless the employer maintains such documentation as the
Secretary of the Treasury (or the Secretary's delegate) may
prescribe to establish such employer's eligibility for the
credit allowed under this section (and the amount thereof).
(3) Election not to have section apply.--This section shall
not apply with respect to any employer for any calendar quarter
if such employer elects (at such time and in such manner as the
Secretary of the Treasury (or the Secretary's delegate) may
prescribe) not to have this section apply.
(4) Certain terms.--Any term used in this section which is
also used in chapter 21 of such Code shall have the same
meaning as when used in such chapter.
(f) Regulations.--The Secretary of the Treasury (or the Secretary's
delegate) shall prescribe such regulations or other guidance as may be
necessary to carry out the purposes of this section, including--
(1) regulations or other guidance (prescribed after
consultation with the Secretary of Health and Human Services)
which identify specific items and services which are considered
for purposes of subsection (d)(1) to be for the treatment of
COVID-19 or a related condition;
(2) regulations or other guidance to effectuate the
purposes of the limitations under this section;
(3) regulations or other guidance to minimize compliance
and record-keeping burdens under this section;
(4) regulations or other guidance providing for a waiver of
penalties for the failure to deposit taxes imposed under
section 3111(a) of such Code in anticipation of the allowance
of the credit allowed under this section;
(5) regulations or other guidance for recapturing the
benefit of credits determined under this section in cases where
there is a subsequent adjustment to the credit determined under
subsection (a); and
(6) regulations or other guidance regarding the treatment
of certified professional employer organizations, as described
in section 3511 of such Code.
(g) Application of Section.--
(1) In general.--This section shall apply only to COVID-
related charity care which is furnished during the period
beginning on February 1, 2020, and ending on December 31, 2020.
(2) Treatment of certain care furnished before date of
enactment.--For purposes of this section, any COVID-related
charity care which is furnished after January 31, 2020, and
before the calendar quarter which includes the date of the
enactment of this Act shall be treated as having been furnished
in such calendar quarter.
(h) 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) 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 had this section not been enacted.
(i) Coordination With DSH Payments.--Section 1886(r) of the Social
Security Act (42 U.S.C. 1395ww(r)) is amended--
(1) n paragraph (2), by inserting ``subject to paragraph
(4),'' before ``for fiscal year 2014''; and
(2) by adding at the end the following new paragraph:
``(4) Special rule for covid-related charity care.--The
Secretary shall, beginning in the first fiscal year in which
the factor described in paragraph (2)(C) is calculated based on
a cost reporting period that includes any portion of calendar
year 2020, exclude the amount of the payroll credit for COVID-
19 charity care allowed under section 101(a) of the Emergency
Pension Plan Relief Act of 2020 provided to a subsection (d)
hospital, from the calculation of such factor.''.
SEC. 102. PAYROLL CREDIT FOR COVID-19 HOSPITAL FACILITY EXPENDITURES.
(a) In General.--In the case of an employer which is an eligible
hospital, there shall be allowed as a credit against the tax imposed by
section 3111(a) of the Internal Revenue Code of 1986 for each calendar
quarter an amount equal to 90 percent of the COVID-19 hospital facility
expenditures paid or incurred by such hospital during such calendar
quarter.
(b) Limitations and Refundability.--
(1) Credit limited to certain employment taxes.--The credit
allowed by subsection (a) with respect to any calendar quarter
shall not exceed the tax imposed by section 3111(a) of such
Code for such calendar quarter (reduced by any credits allowed
under subsection (e) or (f) of section 3111 of such Code, under
section 7001 or 7003 of the Families First Coronavirus Response
Act, or under the preceding section of this Act, for such
quarter) on the wages paid with respect to the employment of
all employees of the employer.
(2) Refundability of excess credit.--
(A) In general.--If the amount of the credit under
subsection (a) exceeds the limitation of paragraph (1)
for any calendar quarter, such excess shall be treated
as an overpayment that shall be refunded under sections
6402(a) and 6413(b) of such Code.
(B) Treatment of payments.--For purposes of section
1324 of title 31, United States Code, any amounts due
to an 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) Eligible Hospital.--For purposes of this section, the term
``eligible hospital'' means a subsection (d) hospital as defined in
section 1886(d)(1)(B) of the Social Security Act (42 U.S.C.
1395ww(d)(1)(B)) or a critical access hospital (as defined in section
1861(mm)(1) of such Act (42 U.S.C. 1395x(mm)(1))).
(d) COVID-19 Hospital Facility Expenditures.--For purposes of this
section--
(1) In general.--The term ``COVID-19 hospital facility
expenditures'' means amounts paid or incurred by an eligible
hospital for--
(A) the purchase or construction of a temporary
structure in the United States for specified COVID-
related purposes,
(B) the lease of any structure in the United States
for specified COVID-related purposes if the term of
such lease is not greater than 2 years,
(C) the retrofitting of any existing permanent
structure in the United States for specified COVID-
related purposes, and
(D) any property for use in a structure described
in subparagraph (A), (B), or (C) for specified COVID-
related purposes if such property is of a character
which is subject to the allowance for depreciation
provided in section 167 of the Internal Revenue Code of
1986.
(2) Specified covid-related purposes.--The term ``specified
COVID-related purposes'' means the diagnosis, prevention, or
treatment of COVID-19 or a related condition.
(3) Temporary structure.--The term ``temporary structure''
means a tent or such other structure which by its design or
nature is not suitable to serve as a permanent structure.
(4) Coordination with government grants.--The COVID-19
hospital facility expenditures taken into account under this
section by any eligible hospital shall be reduced by any
amounts provided by any Federal, State, or local government for
purposes of making or reimbursing such expenditures.
(e) Special Rules.--
(1) Denial of double benefit.--For purposes of the Internal
Revenue Code of 1986--
(A) the basis of any property with respect to which
a credit is allowed under this section shall be reduced
by the amount of such credit, and
(B) such reduction shall be taken into account
before determining the amount of any deduction, or
allowance for depreciation or amortization, with
respect to such property for purposes of such Code.
(2) Recapture of gain.--If an eligible hospital disposes of
any property with respect to which a credit was allowed under
this section and any gain is determined on such disposition
under section 1001 of such Code, the tax imposed under chapter
1 of such Code on such hospital shall be increased by the
amount of such gain. The preceding sentence shall apply without
regard to whether such eligible hospital is otherwise exempt
from, or not subject to, the taxes otherwise imposed under such
chapter.
(3) Documentation.--No credit shall be allowed under this
section unless the employer maintains such documentation as the
Secretary of the Treasury (or the Secretary's delegate) may
prescribe to establish such employer's eligibility for the
credit allowed under this section (and the amount thereof).
(4) Election not to have section apply.--This section shall
not apply with respect to any employer for any calendar quarter
if such employer elects (at such time and in such manner as the
Secretary of the Treasury (or the Secretary's delegate) may
prescribe) not to have this section apply.
(5) Certain terms.--Any term used in this section which is
also used in chapter 21 of such Code shall have the same
meaning as when used in such chapter.
(f) Regulations.--The Secretary of the Treasury (or the Secretary's
delegate) shall prescribe such regulations or other guidance as may be
necessary to carry out the purposes of this section, including--
(1) regulations or other guidance to effectuate the
purposes of the limitations under this section,
(2) regulations or other guidance to minimize compliance
and record-keeping burdens under this section,
(3) regulations or other guidance providing for a waiver of
penalties for the failure to deposit taxes imposed under
section 3111(a) in anticipation of the allowance of the credit
allowed under this section,
(4) regulations or other guidance for recapturing the
benefit of credits determined under this section in cases where
there is a subsequent adjustment to the credit determined under
subsection (a),
(5) regulations or other guidance (prescribed after
consultation with the Secretary of Health and Human Services)
which identify specific items and services which are considered
for purposes of subsection (d)(2) to be for specified COVID-
related purposes, and
(6) regulations or other guidance regarding the treatment
of certified professional employer organizations, as described
in section 3511 of such Code.
(g) Application of Section.--
(1) In general.--This section shall apply only to COVID-19
hospital facility expenditures which are paid or incurred
during the period beginning on February 1, 2020, and ending on
December 31, 2020.
(2) Treatment of certain expenditures made before date of
enactment.--For purposes of this section, any COVID-19 hospital
facility expenditures which are paid or incurred after January
31, 2020, and before the calendar quarter which includes the
date of the enactment of this Act shall be treated as having
been furnished in such calendar quarter.
(h) 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) 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 had this section not been enacted.
SEC. 103. RESTORATION OF LIMITATIONS ON RECONCILIATION OF TAX CREDITS
FOR COVERAGE UNDER A QUALIFIED HEALTH PLAN WITH ADVANCE
PAYMENTS OF SUCH CREDIT.
(a) In General.--Section 36B(f)(2)(B)(i) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(i) In general.--In the case of a
taxpayer whose household income is less than
500 percent of the poverty line for the size of
the family involved for the taxable year, the
amount of the increase under subparagraph (A)
shall in no event exceed the applicable dollar
amount determined in accordance with the
following table (one-half of such amount in the
case of a taxpayer whose tax is determined
under section 1(c) for the taxable year):
----------------------------------------------------------------------------------------------------------------
``If the household income (expressed as a percent of
poverty line) is: The applicable dollar amount is:
----------------------------------------------------------------------------------------------------------------
Less than 200%............................................. $600
At least 200% but less than 250%........................... $1,000
At least 250% but less than 300%........................... $1,500
At least 300% but less than 350%........................... $2,000
At least 350% but less than 400%........................... $2,500
At least 400% but less than 450%........................... $3,000
At least 450% but less than 500%........................... $3,500.''.
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2019.
SEC. 104. IMPROVING AFFORDABILITY BY REDUCING PREMIUM COSTS FOR
CONSUMERS.
(a) In General.--Section 36B(b)(3)(A) of the Internal Revenue Code
of 1986 is amended to read as follows:
``(A) Applicable percentage.--The applicable
percentage for any taxable year shall be the percentage
such that the applicable percentage for any taxpayer
whose household income is within an income tier
specified in the following table shall increase, on a
sliding scale in a linear manner, from the initial
premium percentage to the final premium percentage
specified in such table for such income tier:
------------------------------------------------------------------------
``In the case of household income
(expressed as a percent of poverty The initial The final
line) within the following income premium premium
tier: percentage is-- percentage is--
------------------------------------------------------------------------
Over 100.0 percent up to 150.0 0.0 0.0
percent.............................
150.0 percent up to 200.0 percent.... 0.0 3.0
200.0 percent up to 250.0 percent.... 3.0 4.0
250.0 percent up to 300.0 percent.... 4.0 6.0
300.0 percent up to 400.0 percent.... 6.0 8.5
400.0 percent and higher............. 8.5 8.5''.
------------------------------------------------------------------------
(b) Conforming Amendment.--Section 36B(c)(1)(A) of the Internal
Revenue Code of 1986 is amended by striking ``but does not exceed 400
percent''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2020.
TITLE II--ECONOMIC STIMULUS
Subtitle A--Economic Assistance Payments
SEC. 201. 2020 ECONOMIC ASSISTANCE PAYMENTS TO INDIVIDUALS.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 6431. 2020 ECONOMIC ASSISTANCE PAYMENTS TO 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
economic assistance amount determined for such taxable year.
``(b) Economic Assistance Amount.--For purposes of this section,
the term `economic assistance amount' means, with respect to any
taxpayer for any taxable year, the sum of--
``(1) $1,500 ($3,000 in the case of a joint return), plus
``(2) $1,500 multiplied by the number of qualifying
children (within the meaning of section 24(c)) of the taxpayer
for such taxable year (not in excess of 3 such children).
``(c) Phaseout Based on Adjusted Gross Income.--
``(1) In general.--The amount of the credit allowed by
subsection (a) (determined without regard to this subsection
and subsection (f)) shall be reduced (but not below zero) by
the amount which bears the same ratio to such amount as--
``(A) the excess (if any) of the adjusted gross
income for the taxpayer's first taxable year beginning
in 2020 over the applicable phaseout amount, bears to
``(B) 50 percent of the applicable phaseout amount.
``(2) Applicable phaseout amount.--For purposes of this
subsection, the term `applicable phaseout amount' means--
``(A) $150,000 in the case of a joint return or a
surviving spouse (as defined in section 2(a)),
``(B) $112,500 in the case of a head of household
(as defined in section 2(b)), and
``(C) $75,000 in any other case.
``(3) Adjusted gross income.--For purposes of this
subsection (other than this paragraph), the term `adjusted
gross income' means adjusted gross income determined without
regard to sections 911, 931, and 933.
``(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) Special Rules.--
``(1) Credit treated as refundable.--The credit allowed by
subsection (a) shall be treated as allowed by subpart C of part
IV of subchapter A of chapter 1.
``(2) Treatment of credit and advance payments.--For
purposes of section 1324 of title 31, United States Code, any
credit under subsection (a) and any credit or refund under
subsection (g) shall be treated in the same manner as a refund
due from a credit provision referred to in subsection (b)(2) of
such section.
``(3) Identification number requirement.--An individual
shall not be taken into account in determining the amount of
the credit allowed under subsection (a) unless the taxpayer
identification number of such individual is included on the
return of tax for the taxable year.
``(f) Coordination With Advance Refunds of Credit.--
``(1) Reduction of refundable credit.--The amount of the
credit which would (but for this paragraph) be allowable under
subsection (a) shall be reduced (but not below zero) by the
aggregate refunds and credits made or allowed to the taxpayer
under subsection (g) and the aggregate payments to which the
taxpayer (or a qualifying child (within the meaning of section
24(c)) of the taxpayer) is entitled under section 202 of the
COVID-19 Tax Relief Act of 2020. 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) Recapture of payments in excess of refundable
credit.--
``(A) In general.--If the sum of the aggregate
refunds and credits made or allowed to the taxpayer
under subsection (g) and the aggregate payments to
which the taxpayer (or a qualifying child (within the
meaning of section 24(c)) of the taxpayer) is entitled
under section 202 of the COVID-19 Tax Relief Act of
2020 exceeds the credit allowed under subsection (a)
(determined without regard to paragraph (1)), the tax
imposed under chapter 1 for the taxpayer's first
taxable year beginning in 2020 shall be increased by
the amount of such excess.
``(B) Election to spread recapture over 3 years.--
In the case of a taxpayer who elects (at such time and
in such manner as the Secretary may provide) the
application of this subparagraph, subparagraph (A)
shall not apply and the tax imposed under chapter 1
shall be increased by \1/3\ of the excess described in
subparagraph (A) in the taxpayer's first taxable year
beginning in 2020 and in each of the 2 immediately
following taxable years.
``(C) Certain taxpayers not subject to recapture.--
In the case of a taxpayer that is not required to file
a return with respect to income taxes under subtitle A
for the taxpayer's first taxable year beginning in
2020, subparagraph (A) shall not apply.
``(3) Joint returns.--In the case of a refund or credit
made or allowed under subsection (g) 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.
``(g) Advance Refunds and Credits.--
``(1) In general.--Each taxpayer who was an eligible
individual for such taxpayer's first taxable year beginning in
2019 shall be treated as having made a payment against the tax
imposed by chapter 1 for such first taxable year in an amount
equal to the economic assistance amount (as defined subsection
(b)) determined for the applicable prior taxable year.
``(2) Applicable prior taxable year.--For purposes of this
subsection, the term `applicable prior taxable year' means--
``(A) the taxpayer's first taxable year beginning
in 2019, or
``(B) if information regarding such taxable year is
not available to the Secretary (determined without
regard to subsection (h)(1)), the taxpayer's first
taxable year beginning in 2018.
``(3) Timing of payments.--
``(A) In general.--The Secretary shall, subject to
the provisions of this title, refund or credit any
overpayment attributable to paragraph (1) as rapidly as
possible.
``(B) Termination of payment authority.--No refund
or credit shall be made or allowed under this
subsection after December 31, 2020.
``(4) Coordination with payments to social security
administration recipients.--This subsection shall not apply
with respect to any taxpayer entitled to a payment under
section 202 of the COVID-19 Tax Relief Act of 2020.
``(5) No interest.--No interest shall be allowed on any
overpayment attributable to this section.
``(6) Information provided to taxpayers.--As soon as
practicable, the Secretary shall--
``(A) make best efforts to inform every taxpayer
that amounts received pursuant to this subsection may
be subject to recapture under subsection (f)(2), and
``(B) develop an Internet tool allowing taxpayers
to determine the amount of such recapture using input
from the taxpayer.
``(h) Regulations.--The Secretary shall prescribe such regulations
or other guidance as may be necessary or appropriate to carry out the
purposes of this section, including--
``(1) regulations or other guidance providing taxpayers
with respect to whom information for neither taxable year
described in subsection (g)(2) is available to the Secretary
the opportunity to provide the Secretary information sufficient
to allow the Secretary to determine the amount of the credit or
refund for such taxpayer under subsection (g), and
``(2) regulations or other guidance providing for the
proper treatment of joint returns and taxpayers with qualifying
children if any individual taken into account under this
section with respect to such joint return or by such taxpayer
is an eligible individual (as defined in section 202(b) of the
COVID-19 Tax Relief Act of 2020.
``(i) Outreach.--The Secretary shall carry out a robust and
comprehensive outreach program to ensure that all taxpayers described
in subsection (h)(1) learn of their eligibility for the advance refunds
and credits under subsection (g); are advised of the opportunity to
receive such advance refunds and credits as provided under subsection
(h)(1); and are provided assistance in applying for such advance
refunds and credits. In conducting such outreach program, the Secretary
shall coordinate with other government, State, and local agencies;
federal partners; and community-based nonprofit organizations that
regularly interface with such taxpayers.''.
(b) Treatment of Certain Possessions.--
(1) Payments to possessions with mirror code tax systems.--
The Secretary of the Treasury shall pay to each possession of
the United States which has a mirror code tax system amounts
equal to the loss (if any) to that possession by reason of the
amendments made by this section. Such amounts shall be
determined by the Secretary of the Treasury based on
information provided by the government of the respective
possession.
(2) Payments to 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.
(3) Coordination with credit allowed against united states
income taxes.--No credit shall be allowed against United States
income taxes under section 6431 of the Internal Revenue Code of
1986 (as amended by this section), nor shall any credit or
refund be made or allowed under subsection (g) of such 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 (2).
(4) 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) Administrative Provisions.--
(1) Definition of deficiency.--Section 6211(b)(4)(A) of the
Internal Revenue Code of 1986 is amended by striking
``168(k)(4)'' and inserting ``168(k)(4), and 6431''.
(2) Mathematical or clerical error authority.--Section
6213(g)(2) of such Code is amended--
(A) by inserting ``or section 6431 (relating to
economic assistance payments to individuals)'' before
the comma at the end of subparagraph (H), and
(B) by striking ``or 32'' in subparagraph (L) and
inserting ``32, or 6431''.
(3) Exemption from offsets.--So much of any overpayment,
credit, refund, or payment as is attributable to the
application of section 6431 of the Internal Revenue Code of
1986 shall not be subject to reduction, offset, or levy under
section 6331 or subsections (c), (d), (e), or (f) of section
6402 of such Code or under section 3716 or 3720A of title 31,
United States Code.
(4) Treatment of credit and advance payments.--For purposes
of section 1324 of title 31, United States Code, any credit
under section 6431(a) of the Internal Revenue Code of 1986, any
credit or refund under section 6431(g) of such Code, and any
payment under subsection (b) of this section, shall be treated
in the same manner as a refund due from a credit provision
referred to in subsection (b)(2) of such section 1324.
(d) Appropriations To Carry Out This Section.--
(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) For an additional amount for ``Department of
the Treasury--Bureau of Fiscal Services--Salaries and
Expenses'', $78,650,000, to remain available until
September 30, 2021.
(B) For an additional amount for ``Department of
the Treasury--Internal Revenue Service--Taxpayer
Services'', $148,700,000, to remain available until
September 30, 2021.
(2) Reports.--No later than 15 days after enactment of this
Act, the Secretary of the Treasury shall submit a plan to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the expected use of the funds provided
by paragraph (1). 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) and the expected expenditure
of such funds in the subsequent quarter.
(3) Transfer authority.--In addition to the authority
provided in section 101 of title I of division C of Public Law
116-93, the funds provided to the Internal Revenue Service in
paragraph (1) may be transferred among accounts of the Internal
Revenue Service to prevent, prepare for, and respond to
coronavirus. On the date of any such transfer, the Commissioner
shall notify the Committees on Appropriations of the House of
Representatives and Senate of such transfer.
SEC. 202. ECONOMIC ASSISTANCE PAYMENTS TO CERTAIN FEDERAL
BENEFICIARIES.
(a) Payment Authorities and Amounts.--
(1) Base amount payments.--Subject to subsection (c), the
Secretary of the Treasury shall disburse a base amount payment
to each individual who, as of the date of the enactment of this
Act, is an eligible individual. Such payment shall be in the
amount that would be paid under section 6431(b) of the Internal
Revenue Code of 1986 for a single taxpayer with no qualifying
children.
(2) Income supplement amount payments.--Subject to
subsection (c), the Secretary of the Treasury shall disburse
income supplement amount payments to each individual who, as of
the date of the enactment of this Act, is an eligible
individual. The total of such payments to each such individual
shall equal the amount defined in 6431(c)(1)(B)(ii) for a
single taxpayer with no qualifying children.
(b) Eligible Individual.--
(1) In general.--For purposes of subsection (a), an
``eligible individual'' is an individual who, for the last
month that ends prior to the date of enactment of this Act--
(A) is entitled to a social security insurance
benefit described in paragraph (2); or
(B) is eligible for a supplemental security income
benefit described in paragraph (3).
(2) Social security benefit described.--For purposes of
paragraph (1), a social security insurance benefit described in
this paragraph is any monthly insurance benefit payable under
title II of the Social Security Act (42 U.S.C. 401 et seq.)
(other than child's insurance benefits payable under section
202(d)(1)(B)(i) of such Act (42 U.S.C. 402(d)(1)(B)(i)),
including payments made pursuant to subsections (g) or (i)(7)
of section 223 of such Act (42 U.S.C. 423).
(3) Supplemental security income benefit described.--For
purposes of paragraph (1), a supplemental security income
benefit described in this paragraph is a monthly benefit
payable under title XVI of the Social Security Act (42 U.S.C.
1381 et seq.) (other than a benefit to an individual described
in section 1611(e)(1)(B) or section 1614(a)(3)(C) of such Act
(42 U.S.C. 1382(e)(1)(B); 1382c(a)(3)(C)), including--
(A) payments made pursuant to section 1619(a) (42
U.S.C. 1382h) or subsections (a)(4), (a)(7), or (p)(7)
of section 1631 (42 U.S.C. 1383) of such Act; and
(B) State supplementary payments of the type
referred to in section 1616(a) of such Act (42 U.S.C.
1382e(a)) (or payments of the type described in section
212(a) of Public Law 93-66) which are paid by the
Commissioner under an agreement referred to in such
section 1616(a) (or section 212(a) of Public Law 93-
66).
(4) Limitation.--Notwithstanding paragraph (1), no
individual shall be considered an eligible individual for
purposes of subsection (a) if, for the last month that ends
prior to the date of enactment of this Act--
(A) the individual is entitled to a social security
insurance benefit described in paragraph (2) that was
not payable for such month by reason of subsection (x)
or (y) of section 202 the Social Security Act (42
U.S.C. 402) or section 1129A of such Act (42 U.S.C.
1320a-8a); or
(B) the individual is eligible for a supplemental
security income benefit described in paragraph (3) that
was not payable for such month by reason of subsection
(e)(1)(A) or (e)(4) of section 1611 (42 U.S.C. 1382) or
section 1129A of such Act (42 U.S.C. 1320a-8a).
(c) Limitations on Payments.--
(1) Residency requirement.--A payment under this section
shall be made only to individuals who reside in 1 of the 50
States, the District of Columbia, Puerto Rico, Guam, the United
States Virgin Islands, American Samoa, or the Northern Mariana
Islands, or who are utilizing a foreign or domestic Army Post
Office or Fleet Post Office address. For purposes of the
preceding sentence, the determination of the individual's
residence shall be based on the address of record, as of the
date of certification under subsection (d) for a payment under
this section, under a program specified in paragraph (b).
(2) Timing and manner of payments.--
(A) Timing of base amount payment.--The Secretary
of the Treasury shall commence disbursing payments
under subsection (a)(1) at the earliest practicable
date but in no event later than 90 days after the date
of enactment of this Act.
(B) Timing of income supplement amount payments.--
The Secretary of the Treasury shall disburse payments
under subsection (a)(2) on a periodic basis in
coordination with the timing of refunds and credits
made under section 6431(h)(3)(B) of the Internal
Revenue Code of 1986.
(C) Electronic disbursement.--The Secretary of the
Treasury may disburse any payment electronically to an
individual in such manner as if such payment were a
benefit payment made to such individual under the
applicable program described in paragraph (2) or (3) of
subsection (b).
(D) Notices.--The Commissioner of Social Security
shall send one or more notices, as appropriate, in
connection with such payments. Such notices shall
include the information described in section
6431(h)(7)(A) of the Internal Revenue Code of 1986
relating to such payments being subject to recapture.
(d) Identification of Recipients.--The Commissioner of Social
Security shall certify the individuals entitled to receive payments
under this section and provide the Secretary of the Treasury with the
information needed to disburse such payments. A certification of an
individual for payment shall be unaffected by any subsequent
determination or redetermination of the individual's entitlement to, or
eligibility for, a benefit specified in paragraph (2) or (3) of
subsection (b).
(e) Treatment of Payments.--
(1) Payment disregarded for purposes of all federal and
federally assisted programs.--A payment under subsection (a)
shall not be regarded as income or as a resource for any month
for purposes of determining the eligibility of the recipient
(or the recipient's spouse or family) for benefits or
assistance, or the amount or extent of benefits or assistance,
under any Federal program or under any State or local program
financed in whole or in part with Federal funds.
(2) Payment not considered income for purposes of
taxation.--A payment under subsection (a) shall not be
considered as gross income for purposes of the Internal Revenue
Code of 1986.
(3) Payments protected from assignment.--The provisions of
sections 207 and 1631(d)(1) of the Social Security Act (42
U.S.C. 407, 1383(d)(1)) shall apply to any payment made under
subsection (a) as if such payment was a benefit payment made to
such individual under the applicable program described in
paragraph (2) or (3) of subsection (b).
(4) Payments protected from offset and reclamation.--
Notwithstanding paragraph (3), a payment under subsection (a)
shall not be subject to any reduction, offset, or levy pursuant
to--
(A) section 3716 or 3720A of title 31, United
States Code;
(B) section 6331 of the Internal Revenue Code of
1986; or
(C) subsection (c), (d), (e), or (f) of section
6402 of the Internal Revenue Code of 1986.
(f) Payment to Representative Payees.--
(1) In general.--In any case in which an individual who is
entitled to a payment under subsection (a) and whose benefit
described in subsection (b) is paid to a representative payee,
the payment under subsection (a) shall be made to the
individual's representative payee and the entire payment shall
be used only for the benefit of the individual who is entitled
to the payment.
(2) Enforcement.--Section 1129(a)(3) of the Social Security
Act (42 U.S.C. 1320a-8(a)(3)) shall apply to any payment under
subsection (a) in the same manner as such section applies to a
payment under title II or XVI of such Act.
(g) Coordination.--The Secretary of the Treasury and the
Commissioner of Social Security shall coordinate with respect to any
payments made under this section or section 6431(h) of the Internal
Revenue Code of 1986.
(h) Appropriation.--Out of any money in the Treasury not otherwise
appropriated, there is appropriated to the Commissioner of Social
Security such sums as may be necessary for payments to individuals
certified by the Commissioner of Social Security as entitled to receive
a payment under this section, to remain available until expended.
Subtitle B--Earned Income Tax Credit
SEC. 211. STRENGTHENING THE EARNED INCOME TAX CREDIT FOR INDIVIDUALS
WITH NO QUALIFYING CHILDREN.
(a) Special Rules for 2020 and 2021.--Section 32 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subsection:
``(n) Special Rules for Individuals Without Qualifying Children.--
In the case of any taxable year beginning in 2020 or 2021--
``(1) Decrease in minimum age for credit.--
``(A) In general.--Subsection (c)(1)(A)(ii)(II)
shall be applied by substituting `the applicable
minimum age' for `age 25'.
``(B) Applicable minimum age.--For purposes of this
paragraph, the term `applicable minimum age' means--
``(i) except as otherwise provided in this
subparagraph, age 19,
``(ii) in the case of a full-time student
(other than a qualified former foster youth or
a qualified homeless youth), age 25, and
``(iii) in the case of a qualified former
foster youth or qualified homeless youth, age
18.
``(C) Full-time student.--For purposes of this
paragraph, the term `full-time student' means, with
respect to any taxable year, an individual who is an
eligible student (as defined in section 25A(b)(3))
during at least 5 calendar months during the taxable
year.
``(D) Qualified former foster youth.--For purposes
of this paragraph, the term `qualified former foster
youth' means an individual who--
``(i) on or after the date that such
individual attained age 14, was in foster care
provided under the supervision or
administration of a State or tribal agency
administering (or eligible to administer) a
plan under part B or part E of the Social
Security Act (without regard to whether Federal
assistance was provided with respect to such
child under such part E), and
``(ii) provides (in such manner as the
Secretary may provide) consent for State and
tribal agencies which administer a plan under
part B or part E of the Social Security Act to
disclose to the Secretary information related
to the status of such individual as a qualified
former foster youth.
``(E) Qualified homeless youth.--For purposes of
this paragraph, the term `qualified homeless youth'
means, with respect to any taxable year, an individual
who--
``(i) is certified by a local educational
agency or a financial aid administrator during
such taxable year as being either an
unaccompanied youth who is a homeless child or
youth, or as unaccompanied, at risk of
homelessness, and self-supporting. Terms used
in the preceding sentence which are also used
in section 480(d)(1) of the Higher Education
Act of 1965 shall have the same meaning as when
used in such section, and
``(ii) provides (in such manner as the
Secretary may provide) consent for local
educational agencies and financial aid
administrators to disclose to the Secretary
information related to the status of such
individual as a qualified homeless youth.
``(2) Increase in maximum age for credit.--Subsection
(c)(1)(A)(ii)(II) shall be applied by substituting `age 66' for
`age 65'.
``(3) Increase in credit and phaseout percentages.--The
table contained in subsection (b)(1) shall be applied by
substituting `15.3' for `7.65' each place it appears therein.
``(4) Increase in earned income and phaseout amounts.--
``(A) In general.--The table contained in
subsection (b)(2)(A) shall be applied--
``(i) by substituting `$9,570' for
`$4,220', and
``(ii) by substituting `$11,310' for
`$5,280'.
``(B) Coordination with inflation adjustment.--
``(i) In general.--In the case of any
taxable year beginning after 2019, the $9,570
and $11,310 amounts in subparagraph (A) shall
each be increased by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `2018' for `2016' in
subparagraph (A)(ii) thereof.
``(ii) Rounding.--If any increase under
clause (i) is not a multiple of $10, such
increase shall be rounded to the nearest
multiple of $10.
``(iii) Coordination with other inflation
adjustment.--Subsection (j) shall not apply to
any dollar amount specified in this
paragraph.''.
(b) Information Return Matching.--As soon as practicable, the
Secretary of the Treasury (or the Secretary's delegate) shall develop
and implement procedures for checking an individual's claim for a
credit under section 32 of the Internal Revenue Code of 1986, by reason
of subsection (n)(1) thereof, against any information return made with
respect to such individual under section 6050S (relating to returns
relating to higher education tuition and related expenses).
(c) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2019.
SEC. 212. TAXPAYER ELIGIBLE FOR CHILDLESS EARNED INCOME CREDIT IN CASE
OF QUALIFYING CHILDREN WHO FAIL TO MEET CERTAIN
IDENTIFICATION REQUIREMENTS.
(a) In General.--Section 32(c)(1) of the Internal Revenue Code of
1986 is amended by striking subparagraph (F).
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 213. CREDIT ALLOWED IN CASE OF CERTAIN SEPARATED SPOUSES.
(a) In General.--Section 32(d) of the Internal Revenue Code of 1986
is amended--
(1) by striking ``Married Individuals.--In the case of''
and inserting the following: ``Married Individuals.--
``(1) In general.--In the case of'', and
(2) by adding at the end the following new paragraph:
``(2) Determination of marital status.--For purposes of
this section--
``(A) In general.--Except as provided in
subparagraph (B), marital status shall be determined
under section 7703(a).
``(B) Special rule for separated spouse.--An
individual shall not be treated as married if such
individual--
``(i) is married (as determined under
section 7703(a)) and does not file a joint
return for the taxable year,
``(ii) lives with a qualifying child of the
individual for more than one-half of such
taxable year, and
``(iii)(I) during the last 6 months of such
taxable year, does not have the same principal
place of abode as the individual's spouse, or
``(II) has a decree, instrument, or
agreement (other than a decree of divorce)
described in section 121(d)(3)(C) with respect
to the individual's spouse and is not a member
of the same household with the individual's
spouse by the end of the taxable year.''.
(b) Conforming Amendments.--
(1) Section 32(c)(1)(A) of such Code is amended by striking
the last sentence.
(2) Section 32(c)(1)(E)(ii) of such Code is amended by
striking ``(within the meaning of section 7703)''.
(3) Section 32(d)(1) of such Code, as amended by subsection
(a), is amended by striking ``(within the meaning of section
7703)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 214. ELIMINATION OF DISQUALIFIED INVESTMENT INCOME TEST.
(a) In General.--Section 32 of the Internal Revenue Code of 1986 is
amended by striking subsection (i).
(b) Conforming Amendments.--
(1) Section 32(j)(1) of such Code is amended by striking
``subsections (b)(2) and (i)(1)'' and inserting ``subsection
(b)(2)''.
(2) Section 32(j)(1)(B)(i) of such Code is amended by
striking ``subsections (b)(2)(A) and (i)(1)'' and inserting
``subsection (b)(2)(A)''.
(3) Section 32(j)(2) of such Code is amended--
(A) by striking subparagraph (B), and
(B) by striking ``Rounding.--'' and all that
follows through ``If any dollar amount'' and inserting
the following: ``Rounding.--If any dollar amount''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 215. APPLICATION OF EARNED INCOME TAX CREDIT IN POSSESSIONS OF THE
UNITED STATES.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new section:
``SEC. 7530. APPLICATION OF EARNED INCOME TAX CREDIT TO POSSESSIONS OF
THE UNITED STATES.
``(a) Puerto Rico.--
``(1) In general.--With respect to calendar year 2021 and
each calendar year thereafter, the Secretary shall, except as
otherwise provided in this subsection, make payments to Puerto
Rico equal to--
``(A) the specified matching amount for such
calendar year, plus
``(B) in the case of calendar years 2021 through
2025, the lesser of--
``(i) the expenditures made by Puerto Rico
during such calendar year for education efforts
with respect to individual taxpayers and tax
return preparers relating to the earned income
tax credit, or
``(ii) $1,000,000.
``(2) Requirement to reform earned income tax credit.--The
Secretary shall not make any payments under paragraph (1) with
respect to any calendar year unless Puerto Rico has in effect
an earned income tax credit for taxable years beginning in or
with such calendar year which (relative to the earned income
tax credit which was in effect for taxable years beginning in
or with calendar year 2019) increases the percentage of earned
income which is allowed as a credit for each group of
individuals with respect to which such percentage is separately
stated or determined in a manner designed to substantially
increase workforce participation.
``(3) Specified matching amount.--For purposes of this
subsection--
``(A) In general.--The term `specified matching
amount' means, with respect to any calendar year, the
lesser of--
``(i) the excess (if any) of--
``(I) the cost to Puerto Rico of
the earned income tax credit for
taxable years beginning in or with such
calendar year, over
``(II) the base amount for such
calendar year, or
``(ii) the product of 3, multiplied by the
base amount for such calendar year.
``(B) Base amount.--
``(i) Base amount for 2021.--In the case of
calendar year 2021, the term `base amount'
means the greater of--
``(I) the cost to Puerto Rico of
the earned income tax credit for
taxable years beginning in or with
calendar year 2019 (rounded to the
nearest multiple of $1,000,000), or
``(II) $200,000,000.
``(ii) Inflation adjustment.--In the case
of any calendar year after 2021, the term `base
amount' means the dollar amount determined
under clause (i) increased by an amount equal
to--
``(I) such dollar amount,
multiplied by--
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for such calendar year,
determined by substituting `calendar
year 2020' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
Any amount determined under this clause shall
be rounded to the nearest multiple of
$1,000,000.
``(4) Rules related to payments and reports.--
``(A) Timing of payments.--The Secretary shall make
payments under paragraph (1) for any calendar year--
``(i) after receipt of the report described
in subparagraph (B) for such calendar year, and
``(ii) except as provided in clause (i),
within a reasonable period of time before the
due date for individual income tax returns (as
determined under the laws of Puerto Rico) for
taxable years which began on the first day of
such calendar year.
``(B) Annual reports.--With respect to calendar
year 2021 and each calendar year thereafter, Puerto
Rico shall provide to the Secretary a report which
shall include--
``(i) an estimate of the costs described in
paragraphs (1)(B)(i) and (3)(A)(i)(I) with
respect to such calendar year, and
``(ii) a statement of such costs with
respect to the preceding calendar year.
``(C) Adjustments.--
``(i) In general.--In the event that any
estimate of an amount is more or less than the
actual amount as later determined and any
payment under paragraph (1) was determined on
the basis of such estimate, proper payment
shall be made by, or to, the Secretary (as the
case may be) as soon as practicable after the
determination that such estimate was
inaccurate. Proper adjustment shall be made in
the amount of any subsequent payments made
under paragraph (1) to the extent that proper
payment is not made under the preceding
sentence before such subsequent payments.
``(ii) Additional reports.--The Secretary
may require such additional periodic reports of
the information described in subparagraph (B)
as the Secretary determines appropriate to
facilitate timely adjustments under clause (i).
``(D) Determination of cost of earned income tax
credit.--For purposes of this subsection, the cost to
Puerto Rico of the earned income tax credit shall be
determined by the Secretary on the basis of the laws of
Puerto Rico and shall include reductions in revenues
received by Puerto Rico by reason of such credit and
refunds attributable to such credit, but shall not
include any administrative costs with respect to such
credit.
``(E) Prevention of manipulation of base amount.--
No payments shall be made under paragraph (1) if the
earned income tax credit as in effect in Puerto Rico
for taxable years beginning in or with calendar year
2019 is modified after the date of the enactment of
this subsection.
``(b) Possessions With Mirror Code Tax Systems.--
``(1) In general.--With respect to calendar year 2021 and
each calendar year thereafter, the Secretary shall, except as
otherwise provided in this subsection, make payments to the
Virgin Islands, Guam, and the Commonwealth of the Northern
Mariana Islands equal to--
``(A) 75 percent of the cost to such possession of
the earned income tax credit for taxable years
beginning in or with such calendar year, plus
``(B) in the case of calendar years 2021 through
2025, the lesser of--
``(i) the expenditures made by such
possession during such calendar year for
education efforts with respect to individual
taxpayers and tax return preparers relating to
such earned income tax credit, or
``(ii) $50,000.
``(2) Application of certain rules.--Rules similar to the
rules of subparagraphs (A), (B), (C), and (D) of subsection
(a)(4) shall apply for purposes of this subsection.
``(c) American Samoa.--
``(1) In general.--With respect to calendar year 2021 and
each calendar year thereafter, the Secretary shall, except as
otherwise provided in this subsection, make payments to
American Samoa equal to--
``(A) the lesser of--
``(i) 75 percent of the cost to American
Samoa of the earned income tax credit for
taxable years beginning in or with such
calendar year, or
``(ii) $12,000,000, plus
``(B) in the case of calendar years 2021 through
2025, the lesser of--
``(i) the expenditures made by American
Samoa during such calendar year for education
efforts with respect to individual taxpayers
and tax return preparers relating to such
earned income tax credit, or
``(ii) $50,000.
``(2) Requirement to enact and maintain an earned income
tax credit.--The Secretary shall not make any payments under
paragraph (1) with respect to any calendar year unless American
Samoa has in effect an earned income tax credit for taxable
years beginning in or with such calendar year which allows a
refundable tax credit to individuals on the basis of the
taxpayer's earned income which is designed to substantially
increase workforce participation.
``(3) Inflation adjustment.--In the case of any calendar
year after 2021, the $12,000,000 amount in paragraph (1)(A)(ii)
shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by--
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for such calendar year,
determined by substituting `calendar year 2020' for
`calendar year 2016' in subparagraph (A)(ii) thereof.
Any increase determined under this clause shall be rounded to
the nearest multiple of $100,000.
``(4) Application of certain rules.--Rules similar to the
rules of subparagraphs (A), (B), (C), and (D) of subsection
(a)(4) shall apply for purposes of this subsection.
``(d) Treatment of Payments.--For purposes of section 1324 of title
31, United States Code, the payments under this section shall be
treated in the same manner as a refund due from a credit provision
referred to in subsection (b)(2) of such section.''.
(b) Clerical Amendment.--The table of sections for chapter 77 of
such Code is amended by adding at the end the following new item:
``Sec. 7529. Application of earned income tax credit to possessions of
the United States.''.
Subtitle C--Child Tax Credit
SEC. 221. CHILD TAX CREDIT FULLY REFUNDABLE FOR 2020 THROUGH 2025.
(a) In General.--Section 24(h)(5) of the Internal Revenue Code of
1986 is amended to read as follows:
``(5) Refundable credit.--The increase determined under the
first sentence of subsection (d)(1) shall be the amount
determined under subparagraph (A) of such subsection
(determined without regard to paragraph (4) of this
subsection).''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2019.
SEC. 222. APPLICATION OF CHILD TAX CREDIT IN POSSESSIONS.
(a) In General.--Section 24 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(i) Application of Credit in Possessions.--
``(1) Mirror code possessions.--
``(A) In general.--The Secretary shall pay to each
possession of the United States with a mirror code tax
system amounts equal to the loss to that possession by
reason of the application of this section (determined
without regard to this subsection) with respect to
taxable years beginning after 2019. Such amounts shall
be determined by the Secretary of the Treasury based on
information provided by the government of the
respective possession.
``(B) Coordination with credit allowed against
united states income taxes.--No credit shall be allowed
under this section for any taxable year to any
individual to whom a credit is allowable against taxes
imposed by a possession with a mirror code tax system
by reason of the application of this section in such
possession for such taxable year.
``(C) Mirror code tax system.--For purposes of this
paragraph, 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.
``(2) Puerto rico.--In the case of any bona fide resident
of Puerto Rico (within the meaning of section 937(a))--
``(A) the credit determined under this section
shall be allowable to such resident,
``(B) in the case of any taxable year beginning
after December 31, 2021, and before January 1, 2027,
the increase determined under the first sentence of
subsection (d)(1) shall be the lesser of--
``(i) the amount determined under
subsection (d)(1)(A) (determined without regard
to subsection (h)(4)), or
``(ii) the dollar amount in effect under
subsection (h)(5), and
``(C) in the case of any taxable year after
December 31, 2026, the increase determined under the
first sentence of subsection (d)(1) shall be the amount
determined under subsection (d)(1)(A).
``(3) American samoa.--
``(A) In general.--The Secretary shall pay to
American Samoa amounts estimated by the Secretary as
being equal to the aggregate benefits that would have
been provided to residents of American Samoa by reason
of the application of this section for taxable years
beginning after 2019 if the provisions of this section
had been in effect in American Samoa.
``(B) Distribution requirement.--Subparagraph (A)
shall not apply unless American Samoa has a plan, which
has been approved by the Secretary, under which
American Samoa will promptly distribute such payments
to the residents of American Samoa in a manner which
replicates to the greatest degree practicable the
benefits that would have been so provided to each such
resident.
``(C) Coordination with credit allowed against
united states income taxes.--
``(i) In general.--In the case of a taxable
year with respect to which a plan is approved
under subparagraph (B), this section (other
than this subsection) shall not apply to any
individual eligible for a distribution under
such plan.
``(ii) Application of section in event of
absence of approved plan.--In the case of a
taxable year with respect to which a plan is
not approved under subparagraph (B), rules
similar to the rules of paragraph (2) shall
apply with respect to bona fide residents of
American Samoa (within the meaning of section
937(a)).
``(4) Treatment of payments.--The payments made under this
subsection shall be treated in the same manner for purposes of
section 1324(b)(2) of title 31, United States Code, as refunds
due from the credit allowed under this section.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2019.
SEC. 223. INCREASED CHILD TAX CREDIT.
(a) In General.--Section 24(h)(2) of the Internal Revenue Code of
1986 is amended to read to as follows:
``(2) Credit amount.--Subsection (a) shall be applied by
substituting `$3,000 ($3,600 in the case of a qualifying child
who has not attained age 6 as of the close of the calendar year
in which the taxable year of the taxpayer begins)' for
`$1,000'.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2019.
Subtitle D--Dependent Care Assistance
SEC. 231. REFUNDABILITY AND ENHANCEMENT OF CHILD AND DEPENDENT CARE TAX
CREDIT.
(a) In General.--Section 21 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(g) Special Rules for 2020 and 2021.--In the case of any taxable
year beginning in 2020 or 2021--
``(1) Credit made refundable.--In the case of an individual
other than a nonresident alien, the credit allowed under
subsection (a) shall be treated as a credit allowed under
subpart C (and not allowed under this subpart).
``(2) Increase in applicable percentage.--Subsection (a)(2)
shall be applied--
``(A) by substituting `50 percent' for `35 percent
', and
``(B) by substituting `$120,000' for `$15,000'.
``(3) Increase in dollar limit on amount creditable.--
Subsection (c) shall be applied--
``(A) by substituting `$6,000' for `$3,000' in
paragraph (1) thereof, and
``(B) by substituting `twice the amount in effect
under paragraph (1)' for `$6,000' in paragraph (2)
thereof.
``(4) Inflation adjustment of dollar amounts.--In the case
of any taxable year beginning after 2020, the $120,000 amount
in paragraph (2)(B) and the $6,000 amount in paragraph (3)(A)
shall each be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`2019' for `2016' in subparagraph (A)(ii) thereof.
If any increase determined under this paragraph is not a
multiple of $100, such increase shall be rounded to the next
lowest multiple of $100.
``(5) Income limitation.--
``(A) In general.--Paragraphs (1) through (4) of
this subsection shall not apply to any taxpayer for any
taxable year if the modified adjusted gross income of
such taxpayer for such taxable year exceeds $1,000,000.
``(B) Modified adjusted gross income.--For purposes
of this paragraph, the term `modified adjusted gross
income' means adjusted gross income determined without
regard to sections 911, 931, and 933.''.
(b) Conforming Amendment.--Section 1324(b)(2) of title 31, United
States Code, is amended by inserting ``21 (by reason of subsection (g)
thereof),'' before ``25A''.
(c) Coordination With Possession Tax Systems.--Section 21(g)(1) of
the Internal Revenue Code of 1986 (as added by this section) shall not
apply to any person--
(1) to whom a credit is allowed against taxes imposed by a
possession with a mirror code tax system by reason of the
application of section 21 of such Code in such possession for
such taxable year, or
(2) to whom a credit would be allowed against taxes imposed
by a possession which does not have a mirror code tax system if
the provisions of section 21 of such Code had been in effect in
such possession for such taxable year.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2019.
SEC. 232. INCREASE IN EXCLUSION FOR EMPLOYER-PROVIDED DEPENDENT CARE
ASSISTANCE.
(a) In General.--Section 129(a)(2) of the Internal Revenue Code of
1986 is amended by adding at the end the following new subparagraph:
``(D) Special rule for 2021 and 2022.--In the case
of any taxable year beginning in 2021 or 2022--
``(i) In general.--Subparagraph (A) shall
be applied be substituting `$10,500 (half such
dollar amount' for `$5,000 ($2,500'.
``(ii) Inflation adjustment.--In the case
of any taxable year beginning after 2021, the
$10,500 amount in clause (i) shall be increased
by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `2020' for `2016' in
subparagraph (A)(ii) thereof.
Any increase determined under the preceding
sentence which is not a multiple of $50, shall
be rounded to the nearest multiple of $50.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2020.
Subtitle E--Net Operating Losses
SEC. 241. FIVE-YEAR CARRYBACK OF NET OPERATING LOSSES AND TEMPORARY
SUSPENSION OF TAXABLE INCOME LIMITATION.
(a) In General.--Section 172 of the Internal Revenue Code of 1986
is amended by redesignating subsection (g) as subsection (h) and by
inserting after subsection (f) the following new subsection:
``(g) Special Rules for 2018, 2019, and 2020.--For purposes of this
section--
``(1) Five-year carryback.--
``(A) In general.--Any net operating loss arising
in a taxable year beginning after December 31, 2017,
and before January 1, 2021--
``(i) shall be a net operating loss
carryback to each of the 5 taxable years
preceding the taxable year of such loss (but
not to any taxable year beginning before
January 1, 2015), and
``(ii) subparagraphs (B) and (C)(i) of
subsection (b)(1) shall not apply.
``(B) Election out.--A taxpayer may elect not to
have subparagraph (A) apply for any taxable year. Such
election shall be made in such manner as may be
prescribed by the Secretary, and shall be made--
``(i) in the case of any election relating
to a net operating loss arising in a taxable
year beginning in 2018 or 2019, by the due date
(including extension of time) for filing the
return for the taxpayer's first taxable year
ending after the date of the enactment of this
subparagraph.
``(ii) in the case of any election relating
to a net operating loss arising in a taxable
year beginning in 2020, by the due date
(including extensions of time) for such taxable
year.
Any such election, once made, shall be irrevocable.
``(2) Suspension of net operating loss limitation.--For
taxable years beginning after December 31, 2017, and before
January 1, 2021, the amount of the deduction allowed under
subsection (a) shall be the aggregate of the net operating loss
carryovers to such year, plus the net operating loss carrybacks
to such year.
``(3) Disqualified taxpayer.--Paragraphs (1) and (2) shall
not apply with respect to any taxable year in which the
taxpayer is a disqualified taxpayer. Any taxpayer who is a
disqualified taxpayer in the first taxable year ending after
the date of the enactment of this paragraph, shall be treated
as a disqualified taxpayer for taxable years beginning on or
after January 1, 2018.
``(4) Definitions.--For purposes of this subsection--
``(A) Disqualified taxpayer.--A taxpayer is a
disqualified taxpayer with respect to a taxable year
if--
``(i) in the case of a taxable year ending
after December 31, 2019, and beginning before
January 1, 2021, the taxpayer (or any related
person) is not allowed a deduction under this
chapter for the taxable year by reason of
section 162(m) or section 280G, or
``(ii) the taxpayer (or any related person)
is a specified corporation for the taxable
year.
``(B) Specified corporation.--
``(i) In general.--The term `specified
corporation' means, with respect to any taxable
year, a corporation the aggregate distributions
(including redemptions) of which during any
taxable year ending after December 31, 2017,
exceed the sum of applicable stock issued of
such corporation and 5 percent of the fair
market value of the stock of such corporation
as of the last day of the taxable year.
``(ii) Applicable stock issued.--The term
`applicable stock issued' means, with respect
to any corporation, the aggregate value of
stock issued by the corporation during any
taxable year ending after December 31, 2017, in
exchange for money or property other than stock
in such corporation.
``(iii) Certain preferred stock
disregarded.--For purposes of clause (i), stock
described in section 1504(a)(4), and
distributions (including redemptions) with
respect to such stock, shall be disregarded.
``(C) Related person.--A person is a related person
to a taxpayer if the related person bears a
relationship to the taxpayer specified in section
267(b) or section 707(b)(1).
``(5) Special rule for life insurance companies.--In the
case of a net operating loss of a life insurance company which
arises in a taxable year beginning after December 31, 2017, and
before January 1, 2021, and which is a net operating loss
carryback to a taxable year beginning before January 1, 2018,
such net operating loss shall be treated as an operations loss
deduction under subchapter L (as in effect before the enactment
of Public Law 115-97) with respect to such taxable year in the
same manner as a loss arising in a taxable year beginning
before January 1, 2018.''.
(b) Coordination With Taxable Year for Which Deferred Foreign
Income Treated as Subpart F Income.--Section 965(n) of such Code is
amended by adding at the end the following new paragraph:
``(4) Deemed election in case of certain net operating loss
carrybacks.--In the case of a net operating loss carryback to
such taxable year by reason of section 172(g)(1), the taxpayer
shall be treated as having elected the application of this
subsection for such taxable year.''.
(c) Conforming Amendment.--Section 172(b)(1) of such Code is
amended by inserting ``and subsection (g)'' after ``this paragraph''.
(d) Regulatory Authority.--The Secretary of the Treasury (or the
Secretary's delegate) shall prescribe such regulations or other
guidance as are necessary or appropriate to prevent the abuse of the
purposes of the amendments made by this section, including--
(1) anti-stuffing rules, anti-churning rules (including
rules relating to sale-leasebacks), and rules similar to the
rules under section 1091 of the Internal Revenue Code of 1986
relating to losses from wash sales,
(2) rules applying this subsection to successor
corporations and in cases where a taxpayer becomes, or ceases
to be, a member of an affiliated group filing a consolidated
return under section 1501 of such Code,
(3) rules treating members of an affiliated group filing a
consolidated return under section 1501 of such Code as a single
corporation, and
(4) rules to prevent the avoidance of this section through
related parties, pass-through entities, and intermediaries.
(e) Special Rules.--Rules similar to the rules of subparagraphs (B)
and (D) of section 172(b)(1) of the Internal Revenue Code of 1986, as
in effect on the day before the date of the enactment of Public Law
115-97, shall apply to any net operating loss to which the amendment
made by this section applies. The Secretary of the Treasury (or the
Secretary's delegate) shall prescribe such regulations or other
guidance as are necessary or appropriate to effect the purposes of such
subparagraphs with respect to any such net operating losses.
(f) Effective Date.--
(1) Net operating loss limitation.--Except as provided in
paragraph (2), the amendments made by subsections (a) shall
apply to--
(A) taxable years beginning after December 31,
2017, and
(B) 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) Carrybacks.--In the case of the amendments made by
subsections (b) and (c), and so much of subsection (a) as
relates to the carryback of net operating losses, such
amendments shall apply to net operating losses arising in
taxable years ending after December 31, 2017, and beginning
before January 1, 2021.
Subtitle F--Employee Retention Credit
SEC. 251. PAYROLL CREDIT FOR CERTAIN EMPLOYERS AFFECTED BY COVID-19.
(a) In General.--In the case of an eligible employer, there shall
be allowed as a credit against the tax imposed by section 3111(a) or
3221(a) of the Internal Revenue Code of 1986 for each calendar quarter
an amount equal to 80 percent of the qualified wages allocable to the
inoperable trade or business 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 tax imposed by section 3111(a) or 3221(a) of the
Internal Revenue Code of 1986 for such calendar quarter
(reduced by any credits allowed under subsections (e) and (f)
of section 3111 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.
(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 such Code.
(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) Eligible employer.--The term ``eligible employer''
means an employer--
(A) which conducted an active trade or business on
January 31, 2020,
(B) with respect to which such trade or business is
an inoperable trade or business after January 31, 2020
during any calendar quarter, and
(C) which had either--
(i) no more than 1,500 full-time equivalent
employees (as defined in section 45R(d)(2) of
the Internal Revenue Code of 1986) for calendar
year 2019, or
(ii) no more than $41.5 million in gross
receipts in calendar year 2019.
(2) Inoperable trade or business.--The term ``inoperable
trade or business'' means any trade or business of an eligible
employer for which gross receipts for the calendar quarter are
less than 80 percent of gross receipts for the same calendar
quarter for the prior year.
(3) Qualified wages.--The term ``qualified wages'' means
wages (as defined in section 3121(a) of such Code) or
compensation (as defined in section 3231(e) of such Code) paid
or incurred by an eligible employer with respect to an employee
on any day after January 31, 2020 and before December 31, 2020
that falls during the designated period, except that such term
shall not include any wages taken into account under section
7001 or section 7003 of the Families First Coronavirus Response
Act.
(4) Designated period.--The term ``designated period''
means the period--
(A) beginning in the calendar quarter in which the
trade or business became an inoperable trade or
business, and
(B) ending in the calendar quarter for which the
gross receipts of the trade or business of the eligible
employer are greater than 90 percent of gross receipts
for the same calendar quarter for the prior year.
Such term shall include wages paid or incurred without regard
to whether the employee performs no services, performs services
at a different place of employment, or performs services during
the period in which the eligible employer is an inoperable
trade or business.
(d) Aggregation Rule.--All persons treated as a single employer
under subsection (a) or (b) of section 52 of such Code, or subsection
(m) or (o) of section 414 of such Code, shall be treated as one
eligible employer for purposes of this section.
(e) Denial of Double Benefit.--For purposes of chapter 1 of such
Code, the gross income of the employer for the taxable year which
includes the last day of any calendar quarter with respect to which a
credit is allowed under this section shall be increased by the amount
of such credit.
(f) Special Rule for Third-Party Payors.--Any credit allowed under
this section shall be treated as a credit described in section
3511(d)(2) of such Code.
(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
of the Treasury (or the Secretary's delegate) may prescribe) not to
have this section apply.
(h) Employee Not Taken Into Account More Than Once.--An employee
shall not be treated as an employee for purposes of this section for
any period with respect to any employer if such employer is allowed a
credit under section 51 of such Code with respect to such employee for
such period.
(i) Regulations.--The Secretary of the Treasury (or the Secretary's
delegate) shall prescribe such regulations or other guidance as may be
necessary to carry out the purposes of this section, including--
(1) regulations or other guidance providing for waiver of
penalties for failure to deposit amounts in anticipation of the
allowance of the credit allowed under this section,
(2) regulations or other guidance regarding the form and
manner for recapturing credits under this section,
(3) regulations or other guidance to prevent the avoidance
of the purposes of this section,
(4) regulations or other guidance describing proper
calculation of gross receipts for purposes of subsection (c)
for eligible employers that did not operate a trade or business
in prior calendar quarters, and
(5) regulations or other guidance regarding the application
of the credit under subsection (a) to third party payors
(including professional employer organizations, certified
professional employer organizations, or agents under section
3504 of such Code), including regulations or other guidance
allowing such payors to submit documentation necessary to
substantiate the eligible employer status of employers that use
such payors.
(j) 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.
Subtitle G--Credits for Paid Sick and Family Leave
SEC. 261. EXTENSION OF CREDITS.
Sections 7001(g), 7002(e), 7003(g), and 7004(e) of Public Law 116-
127 are each amended by striking ``2020'' and inserting ``2021''.
SEC. 262. REPEAL OF REDUCED RATE OF CREDIT FOR CERTAIN LEAVE.
(a) Payroll Credit.--Section 7001(b) of Public Law 116-127 is
amended by striking ``$200 ($511 in the case of any day any portion of
which is paid sick time described in paragraph (1), (2), or (3) of
section 5102(a) of the Emergency Paid Sick Leave Act)'' and inserting
``$511''.
(b) Self-Employed Credit.--
(1) In general.--Section 7002(c)(1)(B) of Public Law 116-
127 is amended to read as follows:
``(B) the lesser of--
``(i) $511, or
``(ii) the average daily self-employment
income of the individual for the taxable
year.''.
(2) Conforming amendment.--Section 7002(d)(3) of Public Law
116-127 is amended by striking ``$2,000 ($5,110 in the case of
any day any portion of which is paid sick time described in
paragraph (1), (2), or (3) of section 5102(a) of the Emergency
Paid Sick Leave Act)'' and inserting ``$5,110''.
SEC. 263. FEDERAL, STATE, AND LOCAL GOVERNMENTS ALLOWED TAX CREDITS FOR
PAID SICK AND PAID FAMILY AND MEDICAL LEAVE.
(a) Credit for Required Paid Sick Leave.--Section 7001(e) of Public
Law 116-127 is amended by striking paragraph (4).
(b) Credit for Required Paid Family Leave.--Section 7003(e) of
Public Law 116-127 is amended by striking paragraph (4).
SEC. 264. CREDITS NOT ALLOWED TO CERTAIN LARGE EMPLOYERS.
(a) Credit for Required Paid Sick Leave.--
(1) In general.--Section 7001(a) of Public Law 116-127 is
amended by striking ``In the case of an employer'' and
inserting ``In the case of an eligible employer''.
(2) Eligible employer.--Section 7001(c) of Public Law 116-
127 is amended by striking ``For purposes of this section, the
term'' and all that precedes it and inserting the following:
``(c) Definitions.--For purposes of this section--
``(1) Eligible employer.--The term `eligible employer'
means any employer other an applicable large employer (as
defined in section 4980H(c)(2), determined by substituting
`500' for `50' each place it appears in subparagraphs (A) and
(B) thereof and without regard to subparagraphs (D) and (F)
thereof). For purposes of the preceding sentence, the
Government of the United States, the government of any State or
political subdivision thereof, or any agency or instrumentality
of any of the foregoing, shall not be treated as an applicable
large employer.
``(2) Qualified sick leave wages.--The term''.
(b) Credit for Required Paid Family Leave.--
(1) In general.--Section 7003(a) of Public Law 116-127 is
amended by striking ``In the case of an employer'' and
inserting ``In the case of an eligible employer''.
(2) Eligible employer.--Section 7003(c) of Public Law 116-
127 is amended by striking ``For purposes of this section, the
term'' and all that precedes it and inserting the following:
``(c) Definitions.--For purposes of this section--
``(1) Eligible employer.--The term `eligible employer'
means any employer other an applicable large employer (as
defined in section 4980H(c)(2), determined by substituting
`500' for `50' each place it appears in subparagraphs (A) and
(B) thereof and without regard to subparagraphs (D) and (F)
thereof). For purposes of the preceding sentence, the
Government of the United States, the government of any State or
political subdivision thereof, or any agency or instrumentality
of any of the foregoing, shall not be treated as an applicable
large employer.
``(2) Qualified family leave wages.--The term''.
SEC. 265. EFFECTIVE DATE.
The amendments made by this title shall take effect as if included
in the provisions of Public Law 116-127 to which they relate.
TITLE III--ADMINISTRATIVE
SEC. 301. DELAY OF CERTAIN DEADLINES.
(a) Filing Deadlines for 2019.--In the case of any return required
to be filed for a taxable year ending in 2019, including for purposes
of section 6151(a) of the Internal Revenue Code of 1986, section
6072(a) of such Code shall be applied--
(1) by substituting ``July'' for ``April'', and
(2) by substituting ``the seventh month'' for ``the fourth
month''.
(b) Estimated Tax Payments for Individuals.--
(1) In general.--In the case of an individual, the due date
for any required installment under section 6654 of the Internal
Revenue Code of 1986 which (but for the application of this
section) would be due during the applicable period shall not be
due before October 15, 2020, and all such installments shall be
treated as one installment due on such date. The Secretary of
the Treasury (or the Secretary's delegate) shall prescribe such
regulations or other guidance as may be necessary to carry out
the purposes of this subsection.
(2) Applicable period.--For purposes of this subsection,
the applicable period is the period beginning on the date of
the enactment of this Act and ending before October 15, 2020.
TITLE IV--RETIREMENT PROVISIONS
SEC. 401. SPECIAL RULES FOR USE OF RETIREMENT FUNDS.
(a) Tax-Favored Withdrawals From Retirement Plans.--
(1) In general.--Section 72(t) of the Internal Revenue Code
of 1986 shall not apply to any coronavirus-related
distribution.
(2) Aggregate dollar limitation.--
(A) In general.--For purposes of this subsection,
the aggregate amount of distributions received by an
individual which may be treated as coronavirus-related
distributions for any taxable year shall not exceed
$100,000.
(B) Treatment of plan distributions.--If a
distribution to an individual would (without regard to
subparagraph (A)) be a coronavirus-related
distribution, a plan shall not be treated as violating
any requirement of the Internal Revenue Code of 1986
merely because the plan treats such distribution as a
coronavirus-related distribution, unless the aggregate
amount of such distributions from all plans maintained
by the employer (and any member of any controlled group
which includes the employer) to such individual exceeds
$100,000.
(C) Controlled group.--For purposes of subparagraph
(B), the term ``controlled group'' means any group
treated as a single employer under subsection (b), (c),
(m), or (o) of section 414 of the Internal Revenue Code
of 1986.
(3) Amount distributed may be repaid.--
(A) In general.--Any individual who receives a
coronavirus-related distribution may, at any time
during the 3-year period beginning on the day after the
date on which such distribution was received, make 1 or
more contributions in an aggregate amount not to exceed
the amount of such distribution to an eligible
retirement plan of which such individual is a
beneficiary and to which a rollover contribution of
such distribution could be made under section 402(c),
403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), of the
Internal Revenue Code of 1986, as the case may be.
(B) Treatment of repayments of distributions from
eligible retirement plans other than iras.--For
purposes of the Internal Revenue Code of 1986, if a
contribution is made pursuant to subparagraph (A) with
respect to a coronavirus-related distribution from an
eligible retirement plan other than an individual
retirement plan, then the taxpayer shall, to the extent
of the amount of the contribution, be treated as having
received the coronavirus-related distribution in an
eligible rollover distribution (as defined in section
402(c)(4) of such Code) and as having transferred the
amount to the eligible retirement plan in a direct
trustee to trustee transfer within 60 days of the
distribution.
(C) Treatment of repayments of distributions from
iras.--For purposes of the Internal Revenue Code of
1986, if a contribution is made pursuant to
subparagraph (A) with respect to a coronavirus-related
distribution from an individual retirement plan (as
defined by section 7701(a)(37) of such Code), then, to
the extent of the amount of the contribution, the
coronavirus-related distribution shall be treated as a
distribution described in section 408(d)(3) of such
Code and as having been transferred to the eligible
retirement plan in a direct trustee to trustee transfer
within 60 days of the distribution.
(4) Definitions.--For purposes of this subsection--
(A) Coronavirus-related distribution.--Except as
provided in paragraph (2), the term ``coronavirus-
related distribution'' means any distribution from an
eligible retirement plan made--
(i) on or after January 1, 2020, and before
December 31, 2020,
(ii) to an individual--
(I) who is diagnosed with the virus
SARS-CoV-2 or with coronavirus disease
2019 (COVID-19) by a test approved by
the Centers for Disease Control and
Prevention,
(II) whose spouse or dependent (as
defined in section 152 of the Internal
Revenue Code of 1986) is diagnosed with
such virus or disease by such a test,
or
(III) who experiences adverse
financial consequences as a result of
being quarantined, being furloughed or
laid off or having work hours reduced
due to such virus or disease, being
unable to work due to lack of child
care due to such virus or disease,
closing or reducing hours of a business
owned or operated by the individual due
to such virus or disease, or other
factors as determined by the Secretary
of the Treasury (or the Secretary's
delegate).
(B) Employee certification.--The administrator of
an eligible retirement plan may rely on an employee's
certification that the employee satisfies the
conditions of subparagraph (A)(ii) in determining
whether any distribution is a coronavirus-related
distribution.
(C) Eligible retirement plan.--The term ``eligible
retirement plan'' has the meaning given such term by
section 402(c)(8)(B) of the Internal Revenue Code of
1986.
(5) Income inclusion spread over 3-year period.--
(A) In general.--In the case of any 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.--
(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.
(b) Loans From Qualified Plans.--
(1) Increase in limit on loans not treated as
distributions.--In the case of any loan from a qualified
employer plan (as defined under section 72(p)(4) of the
Internal Revenue Code of 1986) to a qualified individual made
during the 180-day period beginning on the date of the
enactment of this Act--
(A) clause (i) of section 72(p)(2)(A) of such Code
shall be applied by substituting ``$100,000'' for
``$50,000'', and
(B) clause (ii) of such section shall be applied by
substituting ``the present value of the nonforfeitable
accrued benefit of the employee under the plan'' for
``one-half of the present value of the nonforfeitable
accrued benefit of the employee under the plan''.
(2) Delay of repayment.--In the case of a qualified
individual with an outstanding loan (on or after the date of
the enactment of this Act) from a qualified employer plan (as
defined in section 72(p)(4) of the Internal Revenue Code of
1986)--
(A) if the due date pursuant to subparagraph (B) or
(C) of section 72(p)(2) of such Code for any repayment
with respect to such loan occurs during the period
beginning on the date of the enactment of this Act and
ending on December 31, 2020, such due date shall be
delayed for 1 year (or, if later, until the date which
is 180 days after the date of the enactment of this
Act),
(B) any subsequent repayments with respect to any
such loan shall be appropriately adjusted to reflect
the delay in the due date under subparagraph (A) and
any interest accruing during such delay, and
(C) in determining the 5-year period and the term
of a loan under subparagraph (B) or (C) of section
72(p)(2) of such Code, the period described in
subparagraph (A) of this paragraph shall be
disregarded.
(3) Qualified individual.--For purposes of this subsection,
the term ``qualified individual'' means any individual who is
described in subsection (a)(4)(A)(ii).
(c) Provisions Relating to Plan Amendments.--
(1) In general.--If this subsection applies to any
amendment to any plan or annuity contract, 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).
(2) Amendments to which subsection applies.--
(A) In general.--This subsection shall apply to any
amendment to any plan or annuity contract which is
made--
(i) pursuant to any provision of this
section, or pursuant to any regulation issued
by the Secretary of the Treasury or the
Secretary of Labor (or the delegate of either
such Secretary) under any provision of this
section, and
(ii) on or before the last day of the first
plan year beginning on or after January 1,
2022, or such later date as the Secretary of
the Treasury (or the Secretary's delegate) may
prescribe.
In the case of a governmental plan (as defined in
section 414(d) of the Internal Revenue Code of 1986),
clause (ii) shall be applied by substituting the date
which is 2 years after the date otherwise applied under
clause (ii).
(B) Conditions.--This subsection shall not apply to
any amendment unless--
(i) during the period--
(I) beginning on the date that this
section or the regulation described in
subparagraph (A)(i) takes effect (or in
the case of a plan or contract
amendment not required by this section
or such regulation, the effective date
specified by the plan), and
(II) ending on the date described
in subparagraph (A)(ii) (or, if
earlier, the date the plan or contract
amendment is adopted),
the plan or contract is operated as if such
plan or contract amendment were in effect, and
(ii) such plan or contract amendment
applies retroactively for such period.
SEC. 402. 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) such contributions shall not be required to be made
until 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. 403. TEMPORARY WAIVER OF REQUIRED MINIMUM DISTRIBUTION RULES FOR
CERTAIN RETIREMENT PLANS AND ACCOUNTS.
(a) In General.--Section 401(a)(9) of the Internal Revenue Code of
1986 is amended by adding at the end the following new subparagraph:
``(I) Temporary waiver of minimum required
distribution.--
``(i) In general.--The requirements of this
paragraph shall not apply for calendar year
2020 to--
``(I) a defined contribution plan
which is described in this subsection
or in section 403(a) or 403(b),
``(II) a defined contribution plan
which is an eligible deferred
compensation plan described in section
457(b) but only if such plan is
maintained by an employer described in
section 457(e)(1)(A), or
``(III) an individual retirement
plan.
``(ii) Special rule for required beginning
dates in 2020.--Clause (i) shall apply to any
distribution which is required to be made in
calendar year 2020 by reason of--
``(I) a required beginning date
occurring in such calendar year, and
``(II) such distribution not having
been made before January 1, 2020.
``(iii) Special rules regarding waiver
period.--For purposes of this paragraph--
``(I) the required beginning date
with respect to any individual shall be
determined without regard to this
subparagraph for purposes of applying
this paragraph for calendar years after
2020,
``(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,
``(III) if clause (iii) of
subparagraph (E) applies, the 10-year
period described in such clause shall
be determined without regard to
calendar year 2020, and
``(IV) if clause (i) of
subparagraph (H) applies, the 10-year
period described in such clause shall
be determined without regard to
calendar year 2020.''.
(b) Eligible Rollover Distributions.--Section 402(c)(4) of the
Internal Revenue Code of 1986 is amended by striking ``2009'' each
place it appears in the last sentence and inserting ``2020''.
(c) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply for calendar years beginning after December 31, 2019.
(2) Provisions relating to plan or contract amendments.--
(A) In general.--If this paragraph applies to any
pension plan or contract amendment, such pension 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.
(B) Amendments to which paragraph applies.--
(i) In general.--This paragraph shall apply
to any amendment to any pension plan or annuity
contract which--
(I) is made pursuant to the
amendments made by this section, and
(II) is made on or before the last
day of the first plan year beginning on
or after January 1, 2022.
In the case of a governmental plan, subclause
(II) shall be applied by substituting ``2024''
for ``2022''.
(ii) Conditions.--This paragraph shall not
apply to any amendment unless during the period
beginning on the effective date of the
amendment and ending on December 31, 2020, the
plan or contract is operated as if such plan or
contract amendment were in effect.
SEC. 404. MODIFICATION OF SPECIAL RULES FOR MINIMUM FUNDING STANDARDS
FOR COMMUNITY NEWSPAPER PLANS.
(a) Amendment to Internal Revenue Code of 1986.--Subsection (m) of
section 430 of the Internal Revenue Code of 1986, as added by the
Setting Every Community Up for Retirement Enhancement Act of 2019, is
amended to read as follows:
``(m) Special Rules for Community Newspaper Plans.--
``(1) In general.--An eligible newspaper plan sponsor of a
plan under which no participant has had the participant's
accrued benefit increased (whether because of service or
compensation) after April 2, 2019, may elect to have the
alternative standards described in paragraph (4) apply to such
plan.
``(2) Eligible newspaper plan sponsor.--The term `eligible
newspaper plan sponsor' means the plan sponsor of--
``(A) any community newspaper plan, or
``(B) any other plan sponsored, as of April 2,
2019, by a member of the same controlled group of a
plan sponsor of a community newspaper plan if such
member is in the trade or business of publishing 1 or
more newspapers.
``(3) Election.--An election under paragraph (1) shall be
made at such time and in such manner as prescribed by the
Secretary. Such election, once made with respect to a plan
year, shall apply to all subsequent plan years unless revoked
with the consent of the Secretary.
``(4) Alternative minimum funding standards.--The
alternative standards described in this paragraph are the
following:
``(A) Interest rates.--
``(i) In general.--Notwithstanding
subsection (h)(2)(C) and except as provided in
clause (ii), the first, second, and third
segment rates in effect for any month for
purposes of this section shall be 8 percent.
``(ii) New benefit accruals.--
Notwithstanding subsection (h)(2), for purposes
of determining the funding target and normal
cost of a plan for any plan year, the present
value of any benefits accrued or earned under
the plan for a plan year with respect to which
an election under paragraph (1) is in effect
shall be determined on the basis of the United
States Treasury obligation yield curve for the
day that is the valuation date of such plan for
such plan year.
``(iii) United states treasury obligation
yield curve.--For purposes of this subsection,
the term `United States Treasury obligation
yield curve' means, with respect to any day, a
yield curve which shall be prescribed by the
Secretary for such day on interest-bearing
obligations of the United States.
``(B) Shortfall amortization base.--
``(i) Previous shortfall amortization
bases.--The shortfall amortization bases
determined under subsection (c)(3) for all plan
years preceding the first plan year to which
the election under paragraph (1) applies (and
all shortfall amortization installments
determined with respect to such bases) shall be
reduced to zero under rules similar to the
rules of subsection (c)(6).
``(ii) New shortfall amortization base.--
Notwithstanding subsection (c)(3), the
shortfall amortization base for the first plan
year to which the election under paragraph (1)
applies shall be the funding shortfall of such
plan for such plan year (determined using the
interest rates as modified under subparagraph
(A)).
``(C) Determination of shortfall amortization
installments.--
``(i) 30-year period.--Subparagraphs (A)
and (B) of subsection (c)(2) shall be applied
by substituting `30-plan-year' for `7-plan-
year' each place it appears.
``(ii) No special election.--The election
under subparagraph (D) of subsection (c)(2)
shall not apply to any plan year to which the
election under paragraph (1) applies.
``(D) Exemption from at-risk treatment.--Subsection
(i) shall not apply.
``(5) Community newspaper plan.--For purposes of this
subsection--
``(A) In general.--The term `community newspaper
plan' means any plan to which this section applies
maintained as of December 31, 2018, by an employer
which--
``(i) maintains the plan on behalf of
participants and beneficiaries with respect to
employment in the trade or business of
publishing 1 or more newspapers which were
published by the employer at any time during
the 11-year period ending on the date of the
enactment of this subsection,
``(ii)(I) is not a company the stock of
which is publicly traded (on a stock exchange
or in an over-the-counter market), and is not
controlled, directly or indirectly, by such a
company, or
``(II) is controlled, directly or
indirectly, during the entire 30-year period
ending on the date of the enactment of this
subsection by individuals who are members of
the same family, and does not publish or
distribute a daily newspaper that is carrier-
distributed in printed form in more than 5
States, and
``(iii) is controlled, directly or
indirectly--
``(I) by 1 or more persons residing
primarily in a State in which the
community newspaper has been published
on newsprint or carrier-distributed,
``(II) during the entire 30-year
period ending on the date of the
enactment of this subsection by
individuals who are members of the same
family,
``(III) by 1 or more trusts, the
sole trustees of which are persons
described in subclause (I) or (II), or
``(IV) by a combination of persons
described in subclause (I), (II), or
(III).
``(B) Newspaper.--The term `newspaper' does not
include any newspaper (determined without regard to
this subparagraph) to which any of the following apply:
``(i) Is not in general circulation.
``(ii) Is published (on newsprint or
electronically) less frequently than 3 times
per week.
``(iii) Has not ever been regularly
published on newsprint.
``(iv) Does not have a bona fide list of
paid subscribers.
``(C) Control.--A person shall be treated as
controlled by another person if such other person
possesses, directly or indirectly, the power to direct
or cause the direction and management of such person
(including the power to elect a majority of the members
of the board of directors of such person) through the
ownership of voting securities.
``(6) Controlled group.--For purposes of this subsection,
the term `controlled group' means all persons treated as a
single employer under subsection (b), (c), (m), or (o) of
section 414 as of the date of the enactment of this
subsection.''.
(b) Amendment to Employee Retirement Income Security Act of 1974.--
Subsection (m) of section 303 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1083(m)), as added by the Setting Every
Community Up for Retirement Enhancement Act of 2019, is amended to read
as follows:
``(m) Special Rules for Community Newspaper Plans.--
``(1) In general.--An eligible newspaper plan sponsor of a
plan under which no participant has had the participant's
accrued benefit increased (whether because of service or
compensation) after April 2, 2019, may elect to have the
alternative standards described in paragraph (4) apply to such
plan.
``(2) Eligible newspaper plan sponsor.--The term `eligible
newspaper plan sponsor' means the plan sponsor of--
``(A) any community newspaper plan, or
``(B) any other plan sponsored, as of April 2,
2019, by a member of the same controlled group of a
plan sponsor of a community newspaper plan if such
member is in the trade or business of publishing 1 or
more newspapers.
``(3) Election.--An election under paragraph (1) shall be
made at such time and in such manner as prescribed by the
Secretary of the Treasury. Such election, once made with
respect to a plan year, shall apply to all subsequent plan
years unless revoked with the consent of the Secretary of the
Treasury.
``(4) Alternative minimum funding standards.--The
alternative standards described in this paragraph are the
following:
``(A) Interest rates.--
``(i) In general.--Notwithstanding
subsection (h)(2)(C) and except as provided in
clause (ii), the first, second, and third
segment rates in effect for any month for
purposes of this section shall be 8 percent.
``(ii) New benefit accruals.--
Notwithstanding subsection (h)(2), for purposes
of determining the funding target and normal
cost of a plan for any plan year, the present
value of any benefits accrued or earned under
the plan for a plan year with respect to which
an election under paragraph (1) is in effect
shall be determined on the basis of the United
States Treasury obligation yield curve for the
day that is the valuation date of such plan for
such plan year.
``(iii) United states treasury obligation
yield curve.--For purposes of this subsection,
the term `United States Treasury obligation
yield curve' means, with respect to any day, a
yield curve which shall be prescribed by the
Secretary of the Treasury for such day on
interest-bearing obligations of the United
States.
``(B) Shortfall amortization base.--
``(i) Previous shortfall amortization
bases.--The shortfall amortization bases
determined under subsection (c)(3) for all plan
years preceding the first plan year to which
the election under paragraph (1) applies (and
all shortfall amortization installments
determined with respect to such bases) shall be
reduced to zero under rules similar to the
rules of subsection (c)(6).
``(ii) New shortfall amortization base.--
Notwithstanding subsection (c)(3), the
shortfall amortization base for the first plan
year to which the election under paragraph (1)
applies shall be the funding shortfall of such
plan for such plan year (determined using the
interest rates as modified under subparagraph
(A)).
``(C) Determination of shortfall amortization
installments.--
``(i) 30-year period.--Subparagraphs (A)
and (B) of subsection (c)(2) shall be applied
by substituting `30-plan-year' for `7-plan-
year' each place it appears.
``(ii) No special election.--The election
under subparagraph (D) of subsection (c)(2)
shall not apply to any plan year to which the
election under paragraph (1) applies.
``(D) Exemption from at-risk treatment.--Subsection
(i) shall not apply.
``(5) Community newspaper plan.--For purposes of this
subsection--
``(A) In general.--The term `community newspaper
plan' means a plan to which this section applies
maintained as of December 31, 2018, by an employer
which--
``(i) maintains the plan on behalf of
participants and beneficiaries with respect to
employment in the trade or business of
publishing 1 or more newspapers which were
published by the employer at any time during
the 11-year period ending on the date of the
enactment of this subsection,
``(ii)(I) is not a company the stock of
which is publicly traded (on a stock exchange
or in an over-the-counter market), and is not
controlled, directly or indirectly, by such a
company, or
``(II) is controlled, directly, or
indirectly, during the entire 30-year period
ending on the date of the enactment of this
subsection by individuals who are members of
the same family, and does not publish or
distribute a daily newspaper that is carrier-
distributed in printed form in more than 5
States, and
``(iii) is controlled, directly, or
indirectly--
``(I) by 1 or more persons residing
primarily in a State in which the
community newspaper has been published
on newsprint or carrier-distributed,
``(II) during the entire 30-year
period ending on the date of the
enactment of this subsection by
individuals who are members of the same
family,
``(III) by 1 or more trusts, the
sole trustees of which are persons
described in subclause (I) or (II), or
``(IV) by a combination of persons
described in subclause (I), (II), or
(III).
``(B) Newspaper.--The term `newspaper' does not
include any newspaper (determined without regard to
this subparagraph) to which any of the following apply:
``(i) Is not in general circulation.
``(ii) Is published (on newsprint or
electronically) less frequently than 3 times
per week.
``(iii) Has not ever been regularly
published on newsprint.
``(iv) Does not have a bona fide list of
paid subscribers.
``(C) Control.--A person shall be treated as
controlled by another person if such other person
possesses, directly or indirectly, the power to direct
or cause the direction and management of such person
(including the power to elect a majority of the members
of the board of directors of such person) through the
ownership of voting securities.
``(6) Controlled group.--For purposes of this subsection,
the term `controlled group' means all persons treated as a
single employer under subsection (b), (c), (m), or (o) of
section 414 of the Internal Revenue Code of 1986 as of the date
of the enactment of this subsection.
``(7) Effect on premium rate calculation.--Notwithstanding
any other provision of law or any regulation issued by the
Pension Benefit Guaranty Corporation, in the case of a plan for
which an election is made to apply the alternative standards
described in paragraph (3), the additional premium under
section 4006(a)(3)(E) shall be determined as if such election
had not been made.''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years ending after December 31, 2017.
SEC. 405. APPLICATION OF COOPERATIVE AND SMALL EMPLOYER CHARITY PENSION
PLAN RULES TO CERTAIN CHARITABLE EMPLOYERS WHOSE PRIMARY
EXEMPT PURPOSE IS PROVIDING SERVICES WITH RESPECT TO
MOTHERS AND CHILDREN.
(a) Employee Retirement Income Security Act of 1974.--Section
210(f)(1) of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1060(f)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph
(C)(iv) and inserting ``; or''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) that, as of January 1, 2000, was maintained
by an employer--
``(i) described in section 501(c)(3) of the
Internal Revenue Code of 1986,
``(ii) who has been in existence since at
least 1938,
``(iii) who conducts medical research
directly or indirectly through grant making,
and
``(iv) whose primary exempt purpose is to
provide services with respect to mothers and
children.''.
(b) Internal Revenue Code of 1986.--Section 414(y)(1) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph
(C)(iv) and inserting ``; or''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) that, as of January 1, 2000, was maintained
by an employer--
``(i) described in section 501(c)(3),
``(ii) who has been in existence since at
least 1938,
``(iii) who conducts medical research
directly or indirectly through grant making,
and
``(iv) whose primary exempt purpose is to
provide services with respect to mothers and
children.''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2018.
SEC. 406. EXTENDED AMORTIZATION FOR SINGLE EMPLOYER PLANS.
(a) 15-Year Amortization Under the Internal Revenue Code of 1986.--
Section 430(c) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new paragraph:
``(8) 15-year amortization.--With respect to plan years
beginning after December 31, 2019--
``(A) the shortfall amortization bases for all plan
years preceding the first plan year beginning after
December 31, 2019 (and all shortfall amortization
installments determined with respect to such bases)
shall be reduced to zero, and
``(B) subparagraphs (A) and (B) of paragraph (2)
shall each be applied by substituting `15-plan-year
period' for `7-plan-year period'.''.
(b) 15-Year Amortization Under the Employee Retirement Income
Security Act of 1974.--Section 303(c) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1083(c)) is amended by adding at the
end the following new paragraph:
``(8) 15-year amortization.--With respect to plan years
beginning after December 31, 2019--
``(A) the shortfall amortization bases for all plan
years preceding the first plan year beginning after
December 31, 2019 (and all shortfall amortization
installments determined with respect to such bases)
shall be reduced to zero, and
``(B) subparagraphs (A) and (B) of paragraph (2)
shall each be applied by substituting `15-plan-year
period' for `7-plan-year period'.''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2019.
SEC. 407. EXTENSION OF PENSION FUNDING STABILIZATION PERCENTAGES FOR
SINGLE EMPLOYER PLANS.
(a) Amendments to Internal Revenue Code of 1986.--
(1) In general.--The table contained in subclause (II) of
section 430(h)(2)(C)(iv) of the Internal Revenue Code of 1986
is amended to read as follows:
------------------------------------------------------------------------
The The
applicable applicable
``If the calendar year is: minimum maximum
percentage percentage
is: is:
------------------------------------------------------------------------
Any year in the period starting in 2012 and 90% 110%
ending in 2019...............................
Any year in the period starting in 2020 and 95% 105%
ending in 2025...............................
2026.......................................... 90% 110%
2027.......................................... 85% 115%
2028.......................................... 80% 120%
2029.......................................... 75% 125%
After 2029.................................... 70% 130%.''.
------------------------------------------------------------------------
(2) Floor on 25-year averages.--Subclause (I) of section
430(h)(2)(C)(iv) of such Code is amended by adding at the end
the following: ``Notwithstanding anything in this subclause, if
the average of the first, second, or third segment rate for any
25-year period is less than 5 percent, such average shall be
deemed to be 5 percent.''.
(b) Amendments to Employee Retirement Income Security Act of
1974.--
(1) In general.--The table contained in subclause (II) of
section 303(h)(2)(C)(iv) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1083(h)(2)(C)(iv)(II)) is
amended to read as follows:
------------------------------------------------------------------------
The The
applicable applicable
``If the calendar year is: minimum maximum
percentage percentage
is: is:
------------------------------------------------------------------------
Any year in the period starting in 2012 and 90% 110%
ending in 2019...............................
Any year in the period starting in 2020 and 95% 105%
ending in 2025...............................
2026.......................................... 90% 110%
2027.......................................... 85% 115%
2028.......................................... 80% 120%
2029.......................................... 75% 125%
After 2029.................................... 70% 130%.''.
------------------------------------------------------------------------
(2) Conforming amendments.--
(A) In general.--Section 101(f)(2)(D) of such Act
(29 U.S.C. 1021(f)(2)(D)) is amended--
(i) in clause (i) by striking ``and the
Bipartisan Budget Act of 2015'' both places it
appears and inserting ``, the Bipartisan Budget
Act of 2015, and the Emergency Pension Plan
Relief Act of 2020'', and
(ii) in clause (ii) by striking ``2023''
and inserting ``2029''.
(B) Statements.--The Secretary of Labor shall
modify the statements required under subclauses (I) and
(II) of section 101(f)(2)(D)(i) of such Act to conform
to the amendments made by this section.
(3) Floor on 25-year averages.--Subclause (I) of section
303(h)(2)(C)(iv) of such Act (29 U.S.C. 1083(h)(2)(C)(iv)(II))
is amended by adding at the end the following:
``Notwithstanding anything in this subclause, if the average of
the first, second, or third segment rate for any 25-year period
is less than 5 percent, such average shall be deemed to be 5
percent.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to plan years beginning after December 31, 2019.
TITLE V--REHABILITATION FOR MULTIEMPLOYER PENSIONS
SEC. 501. SHORT TITLE.
This title may be cited as the ``Rehabilitation for Multiemployer
Pensions Act of 2020''.
SEC. 502. PENSION REHABILITATION ADMINISTRATION; ESTABLISHMENT; POWERS.
(a) Establishment.--There is established in the Department of the
Treasury an agency to be known as the ``Pension Rehabilitation
Administration''.
(b) Director.--
(1) Establishment of position.--There shall be at the head
of the Pension Rehabilitation Administration a Director, who
shall be appointed by the President.
(2) Term.--
(A) In general.--The term of office of the Director
shall be 5 years.
(B) Service until appointment of successor.--An
individual serving as Director at the expiration of a
term may continue to serve until a successor is
appointed.
(3) Powers.--
(A) Appointment of deputy directors, officers, and
employees.--The Director may appoint Deputy Directors,
officers, and employees, including attorneys, in
accordance with chapter 51 and subchapter III of
chapter 53 of title 5, United States Code.
(B) Contracting.--
(i) In general.--The Director may contract
for financial and administrative services
(including those related to budget and
accounting, financial reporting, personnel, and
procurement) with the General Services
Administration, or such other Federal agency as
the Director determines appropriate, for which
payment shall be made in advance, or by
reimbursement, from funds of the Pension
Rehabilitation Administration in such amounts
as may be agreed upon by the Director and the
head of the Federal agency providing the
services.
(ii) Subject to appropriations.--Contract
authority under clause (i) shall be effective
for any fiscal year only to the extent that
appropriations are available for that purpose.
SEC. 503. PENSION REHABILITATION TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 9512. PENSION REHABILITATION TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Pension
Rehabilitation Trust Fund' (hereafter in this section referred to as
the `Fund'), consisting of such amounts as may be appropriated or
credited to the Fund as provided in this section and section 9602(b).
``(b) Transfers to Fund.--
``(1) Amounts attributable to treasury bonds.--There shall
be credited to the Fund the amounts transferred under section
506 of the Rehabilitation for Multiemployer Pensions Act of
2020.
``(2) Loan interest and principal.--
``(A) In general.--The Director of the Pension
Rehabilitation Administration established under section
502 of the Rehabilitation for Multiemployer Pensions
Act of 2020 shall deposit in the Fund any amounts
received from a plan as payment of interest or
principal on a loan under section 504 of such Act.
``(B) Interest.--For purposes of subparagraph (A),
the term `interest' includes points and other similar
amounts.
``(3) Availability of funds.--Amounts credited to or
deposited in the Fund shall remain available until expended.
``(c) Expenditures From Fund.--Amounts in the Fund are available
without further appropriation to the Pension Rehabilitation
Administration--
``(1) for the purpose of making the loans described in
section 504 of the Rehabilitation for Multiemployer Pensions
Act of 2020,
``(2) for the payment of principal and interest on
obligations issued under section 506 of such Act, and
``(3) for administrative and operating expenses of such
Administration.''.
(b) Clerical Amendment.--The table of sections for subchapter A of
chapter 98 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Sec. 9512. Pension Rehabilitation Trust Fund.''.
SEC. 504. LOAN PROGRAM FOR MULTIEMPLOYER DEFINED BENEFIT PLANS.
(a) Loan Authority.--
(1) In general.--The Pension Rehabilitation Administration
established under section 2 is authorized--
(A) to make loans to multiemployer plans (as
defined in section 414(f) of the Internal Revenue Code
of 1986) which are defined benefit plans (as defined in
section 414(j) of such Code) and--
(i)(I) which are in critical and declining
status (within the meaning of section 432(b)(6)
of such Code and section 305(b)(6) of the
Employee Retirement and Income Security Act) as
of the date of the enactment of this section,
or during the 2-year period beginning on such
date, or
(II) with respect to which a suspension of
benefits has been approved under section
432(e)(9) of such Code and section 305(e)(9) of
such Act as of such date or during such period;
(ii) which as of such date of enactment, or
during such period, are in critical status
(within the meaning of section 432(b)(2) of
such Code and section 305(b)(2) of such Act),
have a modified funded percentage of less than
40 percent, and have a ratio of active to
inactive participants which is less than 2 to
5; or
(iii) which are insolvent for purposes of
section 418E of such Code as of such date of
enactment, or during such period, if they
became insolvent after December 16, 2014, and
have not been terminated; and
(B) subject to subsection (b), to establish
appropriate terms for such loans.
For purposes of subparagraph (A)(ii), the term ``modified
funded percentage'' means the percentage equal to a fraction
the numerator of which is current value of plan assets (as
defined in section 3(26) of such Act) and the denominator of
which is current liabilities (as defined in section
431(c)(6)(D) of such Code and section 304(c)(6)(D) of such
Act).
(2) Consultation.--The Director of the Pension
Rehabilitation Administration shall consult with the Secretary
of the Treasury, the Secretary of Labor, and the Director of
the Pension Benefit Guaranty Corporation before making any loan
under paragraph (1), and shall share with such persons the
application and plan information with respect to each such
loan.
(3) Establishment of loan program.--
(A) In general.--A program to make the loans
authorized under this section shall be established not
later than May 31, 2020, with guidance regarding such
program to be promulgated by the Director of the
Pension Rehabilitation Administration, in consultation
with the Director of the Pension Benefit Guaranty
Corporation, the Secretary of the Treasury, and the
Secretary of Labor, not later than August 31, 2020.
(B) Loans authorized before program date.--Without
regard to whether the program under subparagraph (A)
has been established, a plan may apply for a loan under
this section before either date described in such
subparagraph, and the Pension Rehabilitation
Administration shall approve the application and make
the loan before establishment of the program if
necessary to avoid any suspension of the accrued
benefits of participants.
(b) Loan Terms.--
(1) In general.--The terms of any loan made under
subsection (a) shall state that--
(A) the plan shall make payments of interest on the
loan for a period of 29 years beginning on the date of
the loan (or 19 years in the case of a plan making the
election under subsection (c)(5));
(B) final payment of interest and principal shall
be due in the 30th year after the date of the loan
(except as provided in an election under subsection
(c)(5)); and
(C) as a condition of the loan, the plan sponsor
stipulates that--
(i) except as provided in clause (ii), the
plan will not increase benefits, allow any
employer participating in the plan to reduce
its contributions, or accept any collective
bargaining agreement which provides for reduced
contribution rates, during the 30-year period
described in subparagraphs (A) and (B);
(ii) in the case of a plan with respect to
which a suspension of benefits has been
approved under section 432(e)(9) of the
Internal Revenue Code of 1986 and section
305(e)(9) of the Employee Retirement Income
Security Act of 1974, or under section 418E of
such Code, before the loan, the plan will
reinstate the suspended benefits (or will not
carry out any suspension which has been
approved but not yet implemented);
(iii) the plan sponsor will comply with the
requirements of section 6059A of the Internal
Revenue Code of 1986;
(iv) the plan will continue to pay all
premiums due under section 4007 of the Employee
Retirement Income Security Act of 1974; and
(v) the plan and plan administrator will
meet such other requirements as the Director of
the Pension Rehabilitation Administration
provides in the loan terms.
The terms of the loan shall not make reference to
whether the plan is receiving financial assistance
under section 4261(d) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1431(d)) or to any
adjustment of the loan amount under subsection
(d)(2)(A)(ii).
(2) Interest rate.--Except as provided in the second
sentence of this paragraph and subsection (c)(5), loans made
under subsection (a) shall have as low an interest rate as is
feasible. Such rate shall be determined by the Pension
Rehabilitation Administration and shall--
(A) not be lower than the rate of interest on 30-
year Treasury securities on the first day of the
calendar year in which the loan is issued; and
(B) not exceed the greater of--
(i) a rate 0.2 percentage points higher
than such rate of interest on such date; or
(ii) the rate necessary to collect revenues
sufficient to administer the program under this
section.
(c) Loan Application.--
(1) In general.--In applying for a loan under subsection
(a), the plan sponsor shall--
(A) demonstrate that, except as provided in
subparagraph (C)--
(i) the loan will enable the plan to avoid
insolvency for at least the 30-year period
described in subparagraphs (A) and (B) of
subsection (b)(1) or, in the case of a plan
which is already insolvent, to emerge from
insolvency within and avoid insolvency for the
remainder of such period; and
(ii) the plan is reasonably expected to be
able to pay benefits and the interest on the
loan during such period and to accumulate
sufficient funds to repay the principal when
due;
(B) provide the plan's most recently filed Form
5500 as of the date of application and any other
information necessary to determine the loan amount
under subsection (d);
(C) stipulate whether the plan is also applying for
financial assistance under section 4261(d) of the
Employee Retirement Income Security Act of 1974 (29
U.S.C. 1431(d)) in combination with the loan to enable
the plan to avoid insolvency and to pay benefits, or is
already receiving such financial assistance as a result
of a previous application;
(D) state in what manner the loan proceeds will be
invested pursuant to subsection (d), the person from
whom any annuity contracts under such subsection will
be purchased, and the person who will be the investment
manager for any portfolio implemented under such
subsection; and
(E) include such other information and
certifications as the Director of the Pension
Rehabilitation Administration shall require.
(2) Standard for accepting actuarial and plan sponsor
determinations and demonstrations in the application.--In
evaluating the plan sponsor's application, the Director of the
Pension Rehabilitation Administration shall accept the
determinations and demonstrations in the application unless the
Director, in consultation with the Director of the Pension
Benefit Guaranty Corporation, the Secretary of the Treasury,
and the Secretary of Labor, concludes that any such
determinations or demonstrations in the application (or any
underlying assumptions) are clearly erroneous or are
inconsistent with any rules issued by the Director pursuant to
subsection (g).
(3) Required actions; deemed approval.--The Director of the
Pension Rehabilitation Administration shall approve any
application under this subsection within 90 days after the
submission of such application unless such application is
incomplete or the Director makes a conclusion described in
paragraph (2) with respect to the application. An application
shall be deemed approved unless, within such 90 days, the
Director notifies the plan sponsor of the denial of such
application and the reasons for such denial. Any approval or
denial of an application by the Director of the Pension
Rehabilitation Administration shall be treated as a final
agency action for purposes of section 704 of title 5, United
States Code. The Pension Rehabilitation Administration shall
make the loan pursuant to any application promptly after the
approval of such application.
(4) Certain plans required to apply.--The plan sponsor of
any plan with respect to which a suspension of benefits has
been approved under section 432(e)(9) of the Internal Revenue
Code of 1986 and section 305(e)(9) of the Employee Retirement
Income Security Act of 1974 or under section 418E of such Code,
before the date of the enactment of this Act shall apply for a
loan under this section. The Director of the Pension
Rehabilitation Administration shall provide for such plan
sponsors to use the simplified application under subsection
(d)(2)(B).
(5) Incentive for early repayment.--The plan sponsor may
elect at the time of the application to repay the loan
principal, along with the remaining interest, at least as
rapidly as equal installments over the 10-year period beginning
with the 21st year after the date of the loan. In the case of a
plan making this election, the interest on the loan shall be
reduced by 0.5 percentage points.
(d) Loan Amount and Use.--
(1) Amount of loan.--
(A) In general.--Except as provided in subparagraph
(B) and paragraph (2), the amount of any loan under
subsection (a) shall be, as demonstrated by the plan
sponsor on the application under subsection (c), the
amount needed to purchase annuity contracts or to
implement a portfolio described in paragraph (3)(C) (or
a combination of the two) sufficient to provide
benefits of participants and beneficiaries of the plan
in pay status, and terminated vested benefits, at the
time the loan is made.
(B) Plans with suspended benefits.--In the case of
a plan with respect to which a suspension of benefits
has been approved under section 432(e)(9) of the
Internal Revenue Code of 1986 and section 305(e)(9) of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1085(e)(9)) or under section 418E of such Code--
(i) the suspension of benefits shall not be
taken into account in applying subparagraph
(A); and
(ii) the loan amount shall be the amount
sufficient to provide benefits of participants
and beneficiaries of the plan in pay status and
terminated vested benefits at the time the loan
is made, determined without regard to the
suspension, including retroactive payment of
benefits which would otherwise have been
payable during the period of the suspension.
(2) Coordination with pbgc financial assistance.--
(A) In general.--In the case of a plan which is
also applying for financial assistance under section
4261(d) of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1431(d))--
(i) the plan sponsor shall submit the loan
application and the application for financial
assistance jointly to the Pension
Rehabilitation Administration and the Pension
Benefit Guaranty Corporation with the
information necessary to determine the
eligibility for and amount of the loan under
this section and the financial assistance under
section 4261(d) of such Act; and
(ii) if such financial assistance is
granted, the amount of the loan under
subsection (a) shall not exceed an amount equal
to the excess of--
(I) the amount determined under
paragraph (1)(A) or (1)(B)(ii)
(whichever is applicable); over
(II) the amount of such financial
assistance.
(B) Plans already receiving pbgc assistance.--The
Director of the Pension Rehabilitation Administration
shall provide for a simplified application for the loan
under this section which may be used by an insolvent
plan which has not been terminated and which is already
receiving financial assistance (other than under
section 4261(d) of such Act) from the Pension Benefit
Guaranty Corporation at the time of the application for
the loan under this section.
(3) Use of loan funds.--
(A) In general.--Notwithstanding section
432(f)(2)(A)(ii) of the Internal Revenue Code of 1986
and section 305(f)(2)(A)(ii) of such Act, the loan
received under subsection (a) shall only be used to
purchase annuity contracts which meet the requirements
of subparagraph (B) or to implement a portfolio
described in subparagraph (C) (or a combination of the
two) to provide the benefits described in paragraph
(1).
(B) Annuity contract requirements.--The annuity
contracts purchased under subparagraph (A) shall be
issued by an insurance company which is licensed to do
business under the laws of any State and which is rated
A or better by a nationally recognized statistical
rating organization, and the purchase of such contracts
shall meet all applicable fiduciary standards under the
Employee Retirement Income Security Act of 1974.
(C) Portfolio.--
(i) In general.--A portfolio described in
this subparagraph is--
(I) a cash matching portfolio or
duration matching portfolio consisting
of investment grade (as rated by a
nationally recognized statistical
rating organization) fixed income
investments, including United States
dollar-denominated public or private
debt obligations issued or guaranteed
by the United States or a foreign
issuer, which are tradeable in United
States currency and are issued at fixed
or zero coupon rates; or
(II) any other portfolio prescribed
by the Secretary of the Treasury in
regulations which has a similar risk
profile to the portfolios described in
subclause (I) and is equally protective
of the interests of participants and
beneficiaries.
Once implemented, such a portfolio shall be
maintained until all liabilities to
participants and beneficiaries in pay status,
and terminated vested participants, at the time
of the loan are satisfied.
(ii) Fiduciary duty.--Any investment
manager of a portfolio under this subparagraph
shall acknowledge in writing that such person
is a fiduciary under the Employee Retirement
Income Security Act of 1974 with respect to the
plan.
(iii) Treatment of participants and
beneficiaries.--Participants and beneficiaries
covered by a portfolio under this subparagraph
shall continue to be treated as participants
and beneficiaries of the plan, including for
purposes of title IV of the Employee Retirement
Income Security Act of 1974.
(D) Accounting.--
(i) In general.--Annuity contracts
purchased and portfolios implemented under this
paragraph shall be used solely to provide the
benefits described in paragraph (1) until all
such benefits have been paid and shall be
accounted for separately from the other assets
of the plan.
(ii) Oversight of non-annuity
investments.--
(I) In general.--Any portfolio
implemented under this paragraph shall
be subject to oversight by the Pension
Rehabilitation Administration,
including a mandatory triennial review
of the adequacy of the portfolio to
provide the benefits described in
paragraph (1) and approval (to be
provided within a reasonable period of
time) of any decision by the plan
sponsor to change the investment
manager of the portfolio.
(II) Remedial action.--If the
oversight under subclause (I)
determines an inadequacy, the plan
sponsor shall take remedial action to
ensure that the inadequacy will be
cured within 2 years of such
determination.
(E) Ombudsperson.--The Participant and Plan Sponsor
Advocate established under section 4004 of the Employee
Retirement Income Security Act of 1974 shall act as
ombudsperson for participants and beneficiaries on
behalf of whom annuity contracts are purchased or who
are covered by a portfolio under this paragraph.
(e) Collection of Repayment.--Except as provided in subsection (f),
the Pension Rehabilitation Administration shall make every effort to
collect repayment of loans under this section in accordance with
section 3711 of title 31, United States Code.
(f) Loan Default.--If a plan is unable to make any payment on a
loan under this section when due, the Pension Rehabilitation
Administration shall negotiate with the plan sponsor revised terms for
repayment (including installment payments over a reasonable period or
forgiveness of a portion of the loan principal), but only to the extent
necessary to avoid insolvency in the subsequent 18 months.
(g) Authority To Issue Rules, Etc.--The Director of the Pension
Rehabilitation Administration, in consultation with the Director of the
Pension Benefit Guaranty Corporation, the Secretary of the Treasury,
and the Secretary of Labor, is authorized to issue rules regarding the
form, content, and process of applications for loans under this
section, actuarial standards and assumptions to be used in making
estimates and projections for purposes of such applications, and
assumptions regarding interest rates, mortality, and distributions with
respect to a portfolio described in subsection (d)(3)(C).
(h) Report to Congress on Status of Certain Plans With Loans.--Not
later than 1 year after the first loan is made under this section, and
annually thereafter, the Director of the Pension Rehabilitation
Administration shall submit to the Committee on Ways and Means and the
Committee on Education and Labor of the House of Representatives, and
the Committee on Finance and the Committee on Health, Education, Labor,
and Pensions of the Senate, a report identifying any plan that--
(1) has failed to make any scheduled payment on a loan
under this section;
(2) has negotiated revised terms for repayment of such loan
(including any installment payments or forgiveness of a portion
of the loan principal); or
(3) the Director has determined is no longer reasonably
expected to be able to--
(A) pay benefits and the interest on the loan; or
(B) accumulate sufficient funds to repay the
principal when due.
Such report shall include the details of any such failure, revised
terms, or determination, as the case may be.
(i) Coordination With Taxation of Unrelated Business Income.--
Subparagraph (A) of section 514(c)(6) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``or'' at the end of clause (i);
(2) by striking the period at the end of clause (ii)(II)
and inserting ``, or''; and
(3) by adding at the end the following new clause:
``(iii) indebtedness with respect to a
multiemployer plan under a loan made by the
Pension Rehabilitation Administration pursuant
to section 504 of the Rehabilitation for
Multiemployer Pensions Act of 2020.''.
SEC. 505. COORDINATION WITH WITHDRAWAL LIABILITY AND FUNDING RULES.
(a) Amendment to Internal Revenue Code of 1986.--Section 432 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(k) Special Rules for Plans Receiving Pension Rehabilitation
Loans.--
``(1) Determination of withdrawal liability.--
``(A) In general.--If any employer participating in
a plan at the time the plan receives a loan under
section 504(a) of the Rehabilitation for Multiemployer
Pensions Act of 2020 withdraws from the plan before the
end of the 30-year period beginning on the date of the
loan, the withdrawal liability of such employer shall
be determined under the Employee Retirement Income
Security Act of 1974--
``(i) by applying section 4219(c)(1)(D) of
the Employee Retirement Income Security Act of
1974 as if the plan were terminating by the
withdrawal of every employer from the plan, and
``(ii) by determining the value of
nonforfeitable benefits under the plan at the
time of the deemed termination by using the
interest assumptions prescribed for purposes of
section 4044 of the Employee Retirement Income
Security Act of 1974, as prescribed in the
regulations under section 4281 of the Employee
Retirement Income Security Act of 1974 in the
case of such a mass withdrawal.
``(B) Annuity contracts and investment portfolios
purchased with loan funds.--Annuity contracts purchased
and portfolios implemented under section 504(d)(3) of
the Rehabilitation for Multiemployer Pensions Act of
2020 shall not be taken into account as plan assets in
determining the withdrawal liability of any employer
under subparagraph (A), but the amount equal to the
greater of--
``(i) the benefits provided under such
contracts or portfolios to participants and
beneficiaries, or
``(ii) the remaining payments due on the
loan under section 504(a) of such Act,
shall be taken into account as unfunded vested benefits
in determining such withdrawal liability.
``(2) Coordination with funding requirements.--In the case
of a plan which receives a loan under section 504(a) of the
Rehabilitation for Multiemployer Pensions Act of 2020--
``(A) annuity contracts purchased and portfolios
implemented under section 504(d)(3) of such Act, and
the benefits provided to participants and beneficiaries
under such contracts or portfolios, shall not be taken
into account in determining minimum required
contributions under section 412,
``(B) payments on the interest and principal under
the loan, and any benefits owed in excess of those
provided under such contracts or portfolios, shall be
taken into account as liabilities for purposes of such
section, and
``(C) if such a portfolio is projected due to
unfavorable investment or actuarial experience to be
unable to fully satisfy the liabilities which it
covers, the amount of the liabilities projected to be
unsatisfied shall be taken into account as liabilities
for purposes of such section.''.
(b) Amendment to Employee Retirement Income Security Act of 1974.--
Section 305 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1085) is amended by adding at the end the following new
subsection:
``(k) Special Rules for Plans Receiving Pension Rehabilitation
Loans.--
``(1) Determination of withdrawal liability.--
``(A) In general.--If any employer participating in
a plan at the time the plan receives a loan under
section 504(a) of the Rehabilitation for Multiemployer
Pensions Act of 2020 withdraws from the plan before the
end of the 30-year period beginning on the date of the
loan, the withdrawal liability of such employer shall
be determined--
``(i) by applying section 4219(c)(1)(D) as
if the plan were terminating by the withdrawal
of every employer from the plan, and
``(ii) by determining the value of
nonforfeitable benefits under the plan at the
time of the deemed termination by using the
interest assumptions prescribed for purposes of
section 4044, as prescribed in the regulations
under section 4281 in the case of such a mass
withdrawal.
``(B) Annuity contracts and investment portfolios
purchased with loan funds.--Annuity contracts purchased
and portfolios implemented under section 504(d)(3) of
the Rehabilitation for Multiemployer Pensions Act of
2020 shall not be taken into account in determining the
withdrawal liability of any employer under subparagraph
(A), but the amount equal to the greater of--
``(i) the benefits provided under such
contracts or portfolios to participants and
beneficiaries, or
``(ii) the remaining payments due on the
loan under section 504(a) of such Act,
shall be taken into account as unfunded vested benefits
in determining such withdrawal liability.
``(2) Coordination with funding requirements.--In the case
of a plan which receives a loan under section 504(a) of the
Rehabilitation for Multiemployer Pensions Act of 2020--
``(A) annuity contracts purchased and portfolios
implemented under section 504(d)(3) of such Act, and
the benefits provided to participants and beneficiaries
under such contracts or portfolios, shall not be taken
into account in determining minimum required
contributions under section 302,
``(B) payments on the interest and principal under
the loan, and any benefits owed in excess of those
provided under such contracts or portfolios, shall be
taken into account as liabilities for purposes of such
section, and
``(C) if such a portfolio is projected due to
unfavorable investment or actuarial experience to be
unable to fully satisfy the liabilities which it
covers, the amount of the liabilities projected to be
unsatisfied shall be taken into account as liabilities
for purposes of such section.''.
SEC. 506. ISSUANCE OF TREASURY BONDS.
The Secretary of the Treasury shall from time to time transfer from
the general fund of the Treasury to the Pension Rehabilitation Trust
Fund established under section 9512 of the Internal Revenue Code of
1986 such amounts as are necessary to fund the loan program under
section 504 of this Act, including from proceeds from the Secretary's
issuance of obligations under chapter 31 of title 31, United States
Code.
SEC. 507. REPORTS OF PLANS RECEIVING PENSION REHABILITATION LOANS.
(a) In General.--Subpart E of part III of subchapter A of chapter
61 of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 6059A. REPORTS OF PLANS RECEIVING PENSION REHABILITATION LOANS.
``(a) In General.--In the case of a plan receiving a loan under
section 504(a) of the Rehabilitation for Multiemployer Pensions Act of
2020, with respect to the first plan year beginning after the date of
the loan and each of the 29 succeeding plan years, not later than the
90th day of each such plan year the plan sponsor shall file with the
Secretary a report (including appropriate documentation and actuarial
certifications from the plan actuary, as required by the Secretary)
that contains--
``(1) the funded percentage (as defined in section
432(j)(2)) as of the first day of such plan year, and the
underlying actuarial value of assets (determined with regard,
and without regard, to annuity contracts purchased and
portfolios implemented with proceeds of such loan) and
liabilities (including any amounts due with respect to such
loan) taken into account in determining such percentage,
``(2) the market value of the assets of the plan
(determined as provided in paragraph (1)) as of the last day of
the plan year preceding such plan year,
``(3) the total value of all contributions made by
employers and employees during the plan year preceding such
plan year,
``(4) the total value of all benefits paid during the plan
year preceding such plan year,
``(5) cash flow projections for such plan year and the 9
succeeding plan years, and the assumptions used in making such
projections,
``(6) funding standard account projections for such plan
year and the 9 succeeding plan years, and the assumptions
relied upon in making such projections,
``(7) the total value of all investment gains or losses
during the plan year preceding such plan year,
``(8) any significant reduction in the number of active
participants during the plan year preceding such plan year, and
the reason for such reduction,
``(9) a list of employers that withdrew from the plan in
the plan year preceding such plan year, and the resulting
reduction in contributions,
``(10) a list of employers that paid withdrawal liability
to the plan during the plan year preceding such plan year and,
for each employer, a total assessment of the withdrawal
liability paid, the annual payment amount, and the number of
years remaining in the payment schedule with respect to such
withdrawal liability,
``(11) any material changes to benefits, accrual rates, or
contribution rates during the plan year preceding such plan
year, and whether such changes relate to the terms of the loan,
``(12) details regarding any funding improvement plan or
rehabilitation plan and updates to such plan,
``(13) the number of participants during the plan year
preceding such plan year who are active participants, the
number of participants and beneficiaries in pay status, and the
number of terminated vested participants and beneficiaries,
``(14) the amount of any financial assistance received
under section 4261 of the Employee Retirement Income Security
Act of 1974 to pay benefits during the preceding plan year, and
the total amount of such financial assistance received for all
preceding years,
``(15) the information contained on the most recent annual
funding notice submitted by the plan under section 101(f) of
the Employee Retirement Income Security Act of 1974,
``(16) the information contained on the most recent annual
return under section 6058 and actuarial report under section
6059 of the plan, and
``(17) copies of the plan document and amendments, other
retirement benefit or ancillary benefit plans relating to the
plan and contribution obligations under such plans, a breakdown
of administrative expenses of the plan, participant census data
and distribution of benefits, the most recent actuarial
valuation report as of the plan year, copies of collective
bargaining agreements, and financial reports, and such other
information as the Secretary, in consultation with the Director
of the Pension Rehabilitation Administration, may require.
``(b) Electronic Submission.--The report required under subsection
(a) shall be submitted electronically.
``(c) Information Sharing.--The Secretary shall share the
information in the report under subsection (a) with the Secretary of
Labor and the Director of the Pension Benefit Guaranty Corporation.
``(d) Report to Participants, Beneficiaries, and Employers.--Each
plan sponsor required to file a report under subsection (a) shall,
before the expiration of the time prescribed for the filing of such
report, also provide a summary (written in a manner so as to be
understood by the average plan participant) of the information in such
report to participants and beneficiaries in the plan and to each
employer with an obligation to contribute to the plan.''.
(b) Penalty.--Subsection (e) of section 6652 of the Internal
Revenue Code of 1986 is amended--
(1) by inserting ``, 6059A (relating to reports of plans
receiving pension rehabilitation loans)'' after ``deferred
compensation)'';
(2) by inserting ``($100 in the case of failures under
section 6059A)'' after ``$25''; and
(3) by adding at the end the following: ``In the case of a
failure with respect to section 6059A, the amount imposed under
this subsection shall not be paid from the assets of the
plan.''.
(c) Clerical Amendment.--The table of sections for subpart E of
part III of subchapter A of chapter 61 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 6059A. Reports of plans receiving pension rehabilitation
loans.''.
SEC. 508. PBGC FINANCIAL ASSISTANCE.
(a) In General.--Section 4261 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1431) is amended by adding at the end
the following new subsection:
``(d)(1) The plan sponsor of a multiemployer plan--
``(A) which is in critical and declining status (within the
meaning of section 305(b)(6)) as of the date of the enactment
of this subsection or during the 2-year period beginning on
such date, or with respect to which a suspension of benefits
has been approved under section 305(e)(9) as of such date;
``(B) which, as of such date of enactment or during such
period, is in critical status (within the meaning of section
305(b)(2)), has a modified funded percentage of less than 40
percent (as defined in section 504(a)(1) of the Rehabilitation
for Multiemployer Pensions Act of 2020), and has a ratio of
active to inactive participants which is less than 2 to 5; or
``(C) which is insolvent for purposes of section 418E of
the Internal Revenue Code of 1986 as of such date of enactment
or during such period, if the plan became insolvent after
December 16, 2014, and has not been terminated,
and which is applying for a loan under section 504(a) of the
Rehabilitation for Multiemployer Pensions Act of 2020 may also apply to
the corporation for financial assistance under this subsection, by
jointly submitting such applications in accordance with section
504(d)(2) of such Act. The application for financial assistance under
this subsection shall demonstrate, based on projections by the plan
actuary, that after the receipt of the anticipated loan amount under
section 4(a) of such Act, the plan will still become (or remain)
insolvent within the 30-year period beginning on the date of the loan.
``(2) In reviewing an application under paragraph (1), the
corporation shall review the determinations and demonstrations
submitted with the loan application under section 504(c) of the
Rehabilitation for Multiemployer Pensions Act of 2020 and provide
guidance regarding such determinations and demonstrations prior to
approving any application for financial assistance under this
subsection. The corporation may deny any application if any such
determinations or demonstrations (or any underlying assumptions) are
clearly erroneous, or inconsistent with rules issued by the
corporation, and the plan and the corporation are unable to reach
agreement on such determinations or demonstrations. The corporation
shall prescribe any such rules or guidance not later than August 31,
2020.
``(3) In the case of a plan described in paragraph (1)(A) or
(1)(B), the total financial assistance provided under this subsection
shall be an amount equal to the smallest portion of the loan amount
with respect to the plan under paragraph (1)(A) or (1)(B)(ii) of
section 504(d) of the Rehabilitation for Multiemployer Pensions Act of
2020 (determined without regard to paragraph (2) thereof) that, if
provided as financial assistance under this subsection instead of a
loan, would allow the plan to avoid the projected insolvency.
``(4) In the case of a plan described in paragraph (1)(C), the
financial assistance provided pursuant to such application under this
subsection shall be the present value of the amount (determined by the
plan actuary and submitted on the application) that, if such amount
were paid by the corporation in combination with the loan and any other
assistance being provided to the plan by the corporation at the time of
the application, would enable the plan to emerge from insolvency and
avoid any other insolvency projected under paragraph (1).
``(5)(A)(i) Except as provided in subparagraph (B), if the
corporation determines at the time of approval, or at the beginning of
any plan year beginning thereafter, that the plan's 5-year expenditure
projection (determined without regard to loan payments described in
clause (iii)(III)) exceeds the fair market value of the plan's assets,
the corporation shall (subject to the total amount of financial
assistance approved under this subsection) provide such assistance in
an amount equal to the lesser of--
``(I) the amount by which the plan's 5-year
expenditure projection exceeds such fair market value;
or
``(II) the plan's expected expenditures for the
plan year.
``(ii) For purposes of this subparagraph, the term `5-year
expenditure projection' means, with respect to any plan for a plan
year, an amount equal to 500 percent of the plan's expected
expenditures for the plan year.
``(iii) For purposes of this subparagraph, the term `expected
expenditures' means, with respect to any plan for a plan year, an
amount equal to the sum of--
``(I) expected benefit payments for the plan year;
``(II) expected administrative expense payments for the
plan year; plus
``(III) payments on the loan scheduled during the plan year
pursuant to the terms of the loan under section 504(b) of the
Rehabilitation for Multiemployer Pensions Act of 2020.
``(iv) For purposes of this subparagraph, in the case of any plan
year during which a plan is approved for a loan under section 504 of
such Act, but has not yet received the proceeds, such proceeds shall be
included in determining the fair market value of the plan's assets for
the plan year. The preceding sentence shall not apply in the case of
any plan that for the plan year beginning in 2015 was certified
pursuant to section 305(b)(3) as being in critical and declining
status, and had more than 300,000 participants.
``(B) The financial assistance under this subsection shall be
provided in a lump sum if the plan sponsor demonstrates in the
application, and the corporation determines, that such a lump sum
payment is necessary for the plan to avoid the insolvency to which the
application relates. In the case of a plan described in paragraph
(1)(C), such lump sum shall be provided not later than December 31,
2020.
``(6) Subsections (b) and (c) shall apply to financial assistance
under this subsection as if it were provided under subsection (a),
except that the terms for repayment under subsection (b)(2) shall not
require the financial assistance to be repaid before the date on which
the loan under section 504(a) of the Rehabilitation for Multiemployer
Pensions Act of 2020 is repaid in full.
``(7) The corporation may forgo repayment of the financial
assistance provided under this subsection if necessary to avoid any
suspension of the accrued benefits of participants.''.
(b) Appropriations.--There is appropriated to the Director of the
Pension Benefit Guaranty Corporation such sums as may be necessary for
each fiscal year to provide the financial assistance described in
section 4261(d) of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1431(d)) (as added by this section) (including necessary
administrative and operating expenses relating to such assistance).
DIVISION U--CONSUMER PROTECTION AND TELECOMMUNICATIONS PROVISIONS
TITLE I--COVID-19 PRICE GOUGING PREVENTION
SEC. 101. SHORT TITLE.
This title may be cited as the ``COVID-19 Price Gouging Prevention
Act''.
SEC. 102. PREVENTION OF PRICE GOUGING.
(a) In General.--For the duration of a public health emergency
declared pursuant to section 319 of the Public Health Service Act (42
U.S.C. 247d) as a result of confirmed cases of 2019 novel coronavirus
(COVID-19), including any renewal thereof, it shall be unlawful for any
person to sell or offer for sale a good or service at a price that--
(1) is unconscionably excessive; and
(2) indicates the seller is using the circumstances related
to such public health emergency to increase prices
unreasonably.
(b) Factors for Consideration.--In determining whether a person has
violated subsection (a), there shall be taken into account, with
respect to the price at which such person sold or offered for sale the
good or service, factors that include the following:
(1) Whether such price grossly exceeds the average price at
which the same or a similar good or service was sold or offered
for sale by such person--
(A) during the 90-day period immediately preceding
January 31, 2020; or
(B) during the same 90-day period of the previous
year.
(2) Whether such price grossly exceeds the average price at
which the same or a similar good or service was readily
obtainable from other similarly situated competing sellers
before January 31, 2020.
(3) Whether such price reasonably reflects additional
costs, not within the control of such person, that were paid,
incurred, or reasonably anticipated by such person, or
reasonably reflects the profitability of forgone sales or
additional risks taken by such person, to produce, distribute,
obtain, or sell such good or service under the circumstances.
(c) Enforcement.--
(1) Enforcement by federal trade commission.--
(A) Unfair or deceptive acts or practices.--A
violation of subsection (a) shall be treated as a
violation of a regulation under section 18(a)(1)(B) of
the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)) regarding unfair or deceptive acts or
practices.
(B) Powers of commission.--The Commission shall
enforce subsection (a) in the same manner, by the same
means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of
the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this section.
Any person who violates such subsection shall be
subject to the penalties and entitled to the privileges
and immunities provided in the Federal Trade Commission
Act.
(2) Effect on other laws.--Nothing in this section shall be
construed in any way to limit the authority of the Commission
under any other provision of law.
(3) Enforcement by state attorneys general.--
(A) In general.--If the chief law enforcement
officer of a State, or an official or agency designated
by a State, has reason to believe that any person has
violated or is violating subsection (a), the attorney
general, official, or agency of the State, in addition
to any authority it may have to bring an action in
State court under its consumer protection law, may
bring a civil action in any appropriate United States
district court or in any other court of competent
jurisdiction, including a State court, to--
(i) enjoin further such violation by such
person;
(ii) enforce compliance with such
subsection;
(iii) obtain civil penalties; and
(iv) obtain damages, restitution, or other
compensation on behalf of residents of the
State.
(B) Notice and intervention by the ftc.--The
attorney general of a State shall provide prior written
notice of any action under subparagraph (A) to the
Commission and provide the Commission with a copy of
the complaint in the action, except in any case in
which such prior notice is not feasible, in which case
the attorney general shall serve such notice
immediately upon instituting such action. The
Commission shall have the right--
(i) to intervene in the action;
(ii) upon so intervening, to be heard on
all matters arising therein; and
(iii) to file petitions for appeal.
(C) Limitation on state action while federal action
is pending.--If the Commission has instituted a civil
action for violation of this section, no State attorney
general, or official or agency of a State, may bring an
action under this paragraph during the pendency of that
action against any defendant named in the complaint of
the Commission for any violation of this section
alleged in the complaint.
(D) Relationship with state-law claims.--If the
attorney general of a State has authority to bring an
action under State law directed at acts or practices
that also violate this section, the attorney general
may assert the State-law claim and a claim under this
section in the same civil action.
(4) Savings clause.--Nothing in this section shall preempt
or otherwise affect any State or local law.
(d) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Good or service.--The term ``good or service'' means a
good or service offered in commerce, including--
(A) food, beverages, water, ice, a chemical, or a
personal hygiene product;
(B) any personal protective equipment for
protection from or prevention of contagious diseases,
filtering facepiece respirators, medical supplies
(including medical testing supplies), cleaning
supplies, disinfectants, sanitizers; or
(C) any healthcare service, cleaning service, or
delivery service.
(3) State.--The term ``State'' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each federally
recognized Indian Tribe.
TITLE II--E-RATE SUPPORT FOR WI-FI HOTSPOTS AND CONNECTED DEVICES
SEC. 201. E-RATE SUPPORT FOR WI-FI HOTSPOTS AND CONNECTED DEVICES
DURING EMERGENCY PERIODS RELATING TO COVID-19.
(a) Regulations Required.--Not later than 7 days after the date of
the enactment of this Act, the Commission shall promulgate regulations
providing for the provision, during an emergency period described in
subsection (b) and from amounts made available from the Emergency
Connectivity Fund established under subsection (i)(1), of universal
service support under section 254(h)(1)(B) of the Communications Act of
1934 (47 U.S.C. 254(h)(1)(B)) to an elementary school, secondary
school, or library eligible for support under such section, as well as
a tribal elementary school, tribal secondary school, or tribal library
designated as eligible to receive support under such regulations by an
Indian tribe that is eligible for support under section 261 of the
Library Services and Technology Act (20 U.S.C. 9161), for--
(1) providing Wi-Fi hotspots to--
(A) in the case of a school, students and staff of
such school for use at locations that include locations
other than such school; and
(B) in the case of a library, patrons of such
library for use at locations that include locations
other than such library;
(2) providing connected devices to students and staff or
patrons (as the case may be) for use as described in
subparagraph (A) or (B) of paragraph (1); and
(3) providing mobile broadband internet access service
through such Wi-Fi hotspots or connected devices.
(b) Emergency Periods Described.--An emergency period described in
this subsection is the duration of a public health emergency declared
pursuant to section 319 of the Public Health Service Act (42 U.S.C.
247d) as a result of COVID-19, including any renewal thereof.
(c) Service Requirement for Connected Devices.--If a school or
library provides a connected device to a student, staff member, or
patron using universal service support under the regulations required
by subsection (a) and such connected device is only capable of
connecting to broadband internet access service through the use of Wi-
Fi, such school or library shall also provide to such student, staff
member, or patron a Wi-Fi hotspot and mobile broadband internet access
service through such Wi-Fi hotspot.
(d) Treatment of Wi-Fi Hotspots and Connected Devices After
Emergency Period.--The Commission shall provide in the regulations
required by subsection (a) that, in the case of a school or library
that purchases Wi-Fi hotspots or connected devices using support
received under such regulations, such school or library--
(1) may, after the emergency period with respect to which
such support is received, use such Wi-Fi hotspots or connected
devices for such purposes as such school or library considers
appropriate, subject to any restrictions provided in such
regulations (or any successor regulation); and
(2) may not sell or otherwise transfer in exchange for any
thing of value such Wi-Fi hotspots or connected devices.
(e) Prioritization of Support.--The Commission shall provide in the
regulations required by subsection (a) that a school or library shall
prioritize the provision of Wi-Fi hotspots or connected devices and
associated mobile broadband internet access service for which support
is received under such regulations to students and staff or patrons (as
the case may be) that the school or library believes do not otherwise
have access to broadband internet access service at the residences of
such students and staff or patrons.
(f) Certification Requirements.--The Commission shall provide in
the regulations required by subsection (a) that--
(1) Wi-Fi hotspots and connected devices for which support
is received under such regulations shall be treated as
computers for purposes of the certification requirements of
paragraphs (5) and (6) of section 254(h) of the Communications
Act of 1934 (47 U.S.C. 254(h)); and
(2) notwithstanding the requirements of such paragraphs
relating to the timing of certifications, the certifications
required by such paragraphs shall be made with respect to such
Wi-Fi hotspots and connected devices as a condition of
receiving such support.
(g) Rule of Construction.--Nothing in this section shall be
construed to affect any authority the Commission may have under section
254(h)(1)(B) of the Communications Act of 1934 (47 U.S.C. 254(h)(1)(B))
to allow universal service support under such section to be used for
the purposes described in subsection (a) other than as required by such
subsection.
(h) Exemptions.--
(1) Notice and comment rulemaking requirements.--Section
553 of title 5, United States Code, shall not apply to a
regulation promulgated under subsection (a) or a rulemaking to
promulgate such a regulation.
(2) Paperwork reduction act requirements.--A collection of
information conducted or sponsored under the regulations
required by subsection (a), or under section 254 of the
Communications Act of 1934 (47 U.S.C. 254) in connection with
universal service support provided under such regulations,
shall not constitute a collection of information for the
purposes of subchapter I of chapter 35 of title 44, United
States Code (commonly referred to as the Paperwork Reduction
Act).
(i) Emergency Connectivity Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the Emergency
Connectivity Fund.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Emergency Connectivity Fund, out of
any money in the Treasury not otherwise appropriated,
$2,000,000,000 for fiscal year 2020, to remain available
through fiscal year 2021.
(3) Use of funds.--Amounts in the Emergency Connectivity
Fund shall be available to the Commission to provide universal
service support under the regulations required by subsection
(a).
(4) Relationship to universal service contributions.--
Universal service support provided under the regulations
required by subsection (a) shall be provided from amounts made
available under paragraph (3) and not from contributions under
section 254(d) of the Communications Act of 1934 (47 U.S.C.
254(d)).
(j) Exception to Gift Restrictions.--Not later than 7 days after
the date of the enactment of this Act, the Commission shall amend
section 54.503(d) of title 47, Code of Federal Regulations, so as to
provide that such section does not apply in the case of a gift or other
thing of value that is solicited, accepted, offered, or provided during
an emergency period described in subsection (b) for the purpose of
responding to needs arising from the emergency.
(k) Definitions.--In this section:
(1) Broadband internet access service.--The term
``broadband internet access service'' has the meaning given
such term in section 8.1(b) of title 47, Code of Federal
Regulations (or any successor regulation).
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Connected device.--The term ``connected device'' means
a laptop computer, tablet computer, or similar device that is
capable of connecting to mobile broadband internet access
service, either by receiving such service directly or through
the use of Wi-Fi.
(4) Wi-fi.--The term ``Wi-Fi'' means a wireless networking
protocol based on Institute of Electrical and Electronics
Engineers standard 802.11 (or any successor standard).
(5) Wi-fi hotspot.--The term ``Wi-Fi hotspot'' means a
device that is capable of--
(A) receiving mobile broadband internet access
service; and
(B) sharing such service with another device
through the use of Wi-Fi.
TITLE III--EMERGENCY LIFELINE BENEFIT FOR BROADBAND SERVICE
SEC. 301. EMERGENCY LIFELINE BENEFIT FOR BROADBAND SERVICE DURING
EMERGENCY PERIODS RELATING TO COVID-19.
(a) Promulgation of Regulations Required.--Not later than 7 days
after the date of the enactment of this Act, the Commission shall
promulgate regulations for the provision of an emergency lifeline
broadband benefit described and in accordance with the requirements of
this section.
(b) Requirements.--The regulations promulgated pursuant to
subsection (a) shall establish the following:
(1) Regardless of whether a household or any consumer in
the household receives support under subpart E of part 54 of
title 47, Code of Federal Regulations, a household is eligible
for the provision of Tier I service or Tier II service,
supported by the emergency lifeline broadband benefit, during
an emergency period if--
(A) the household includes at least one qualifying
low-income consumer who meets the qualifications in
paragraphs (a) and (b) of section 54.409 of title 47,
Code of Federal Regulations, or any successor
regulation; or
(B) the household receives benefits from the
National School Lunch Program's free or reduced cost
lunch program.
(2) A provider of broadband internet access service shall
apply to the Commission for the reimbursement described in
paragraph (6) for each eligible household that requests the
emergency lifeline broadband benefit and receives Tier I or
Tier II service from the provider.
(3) Within five business days of receiving a request from a
broadband internet service provider, the Commission shall
determine and issue a decision whether it is in the public
interest--
(A) to allow such provider to provide Tier I or
Tier II service supported by the emergency lifeline
broadband benefit, and
(B) to allow the provider to use its own
verification processes to determine whether a household
is eligible to receive the emergency lifeline broadband
benefit according to the eligibility criteria in
paragraph (1), if such processes are reasonable and
sufficient to avoid waste, fraud, and abuse.
(4) The Commission shall adopt reasonable recordkeeping and
retention requirements for recipients of reimbursements from
the funds made available in subsection (f), which requirements
shall be in lieu of any reporting, record keeping, retention
and compliance requirements as set forth in subpart E of part
54 of title 47, Code of Federal Regulations.
(5) The emergency period may be extended within a State or
any portion thereof if the Governor of the State provides
written, public notice to the Commission stipulating that an
extension is necessary in furtherance of the recovery related
to COVID-19. The Commission shall, within 24 hours after
receiving such notice, post the notice on the Commission's
public website.
(6) The Commission shall reimburse providers of broadband
internet access service from funds made available in subsection
(f) in the following amounts:
(A) The broadband internet access service provider
shall receive $50.00 per month, or an amount equal to
the monthly charge for service and equipment if such
charge is less than $50.00 per month, for each eligible
household that requests the emergency lifeline
broadband benefit and receives the Tier I service.
(B) The broadband internet access service provider
shall receive $30.00 per month, or an amount equal to
the monthly charge for service and equipment if such
charge is less than $30.00 per month, for each eligible
household that requests the emergency lifeline
broadband benefit and receives Tier II service.
(7) To receive a reimbursement under paragraph (6), a
broadband internet access service provider shall certify to the
Commission--
(A) the number of eligible households that
requested the emergency lifeline broadband benefit and
received Tier I service--
(i) monthly for the duration of the
emergency period; or
(ii) for each month of the emergency
period, collectively, after the expiration of
the emergency period under paragraph (5);
(B) the number of eligible households that
requested the emergency lifeline broadband benefit and
received Tier II service--
(i) monthly for the duration of the
emergency period; or
(ii) for each month of the emergency
period, collectively, after the expiration of
the emergency period under paragraph (5);
(C) that the reimbursement sought for providing
Tier I service or Tier II service to an eligible
household did not exceed the provider's rate for that
offering, or similar offerings, for households that are
not eligible households subscribing to the same or
substantially similar service;
(D) that eligible households for which the provider
is seeking reimbursement for providing Tier I or Tier
II service using the emergency lifeline broadband
benefit--
(i) were not charged for the Tier I service
or Tier II service; and
(ii) were not disqualified from receiving
the emergency lifeline broadband service based
on past or present arrearages; and
(E) that the eligibility of eligible households is
verified in accordance with the requirements adopted by
the Commission pursuant to paragraph (3).
(c) Eligible Providers.--The Commission may provide a reimbursement
to a broadband internet access service provider under this section
without requiring such provider to be designated as an eligible
telecommunications carrier under section 214(e) of the Communications
Act of 1934 (47 U.S.C. 214(e)) and notwithstanding section 254(e) of
the Communications Act of 1934 (47 U.S.C. 254(e)).
(d) Rule of Construction.--Nothing in this section shall affect the
collection, distribution, or administration of the Lifeline Assistance
Program governed by the rules set forth in subpart E of part 54 of
title 47, Code of Federal Regulations.
(e) Exemptions.--
(1) Notice and comment rulemaking requirements.--Section
553 of title 5, United States Code, shall not apply to a
regulation promulgated under subsection (a) or a rulemaking to
promulgate such a regulation.
(2) Paperwork reduction act requirements.--A collection of
information conducted or sponsored under the regulations
required by subsection (a), or under section 254 of the
Communications Act of 1934 (47 U.S.C. 254) in connection with
universal service support provided under such regulations,
shall not constitute a collection of information for the
purposes of subchapter I of chapter 35 of title 44, United
States Code (commonly referred to as the Paperwork Reduction
Act).
(f) Emergency Broadband Connectivity Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the Emergency Broadband
Connectivity Fund.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Emergency Broadband Connectivity
Fund, out of any money in the Treasury not otherwise
appropriated, $1,000,000,000 for fiscal year 2020, to remain
available through fiscal year 2021.
(3) Use of funds.--Amounts in the Emergency Broadband
Connectivity Fund shall be available to the Commission to
provide reimbursements for Tier I service or Tier II service
provided to eligible households under the regulations required
pursuant to subsection (a).
(4) Relationship to universal service contributions.--
Reimbursements provided under the regulations required by
subsection (a) shall be provided from amounts made available
under paragraph (3) and not from contributions under section
254(d) of the Communications Act of 1934 (47 U.S.C. 254(d)).
(g) Definitions.--In this section:
(1) Broadband internet access service.--The term
``broadband internet access service'' has the meaning given
such term in section 8.1(b) of title 47, Code of Federal
Regulations (or any successor regulation).
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Eligible household.--The term ``eligible household''
means a household that meets the requirements described in
subsection (b)(1).
(4) Emergency period.--The term ``emergency period'' means
the duration of a public health emergency declared pursuant to
section 319 of the Public Health Service Act (42 U.S.C. 247d)
as a result of COVID-19, including any renewal thereof.
(5) Tier i service.--The term ``Tier I service'' means
broadband internet access service that, at a minimum, provides
a download speed of 100 megabits per second, an upload speed of
10 megabits per second, and latency that is sufficiently low to
allow real-time, interactive applications, with no data caps or
additional fees for the provision of such service, except taxes
and other governmental fees.
(6) Tier ii service.--The term ``Tier II service'' means
broadband internet access service that, at a minimum, provides
a download speed of 25 megabits per second, an upload speed of
3 megabits per second, and latency that is sufficiently low to
allow real-time, interactive applications, with no data caps or
additional fees for the provision of such service, except taxes
and other governmental fees.
TITLE IV--CONTINUED CONNECTIVITY
SEC. 401. CONTINUED CONNECTIVITY DURING EMERGENCY PERIODS RELATING TO
COVID-19.
Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.)
is amended by adding at the end the following:
``SEC. 723. CONTINUED CONNECTIVITY DURING EMERGENCY PERIODS RELATING TO
COVID-19.
``(a) In General.--During an emergency period described in
subsection (b), it shall be unlawful--
``(1) for a provider of advanced telecommunications service
or voice service to--
``(A) terminate, reduce, or change such service
provided to any individual customer or small business
because of the inability of the individual customer or
small business to pay for such service if the
individual customer or small business certifies to such
provider that such inability to pay is a result of
disruptions caused by the public health emergency to
which such emergency period relates; or
``(B) impose late fees on any individual customer
or small business because of the inability of the
individual customer or small business to pay for such
service if the individual customer or small business
certifies to such provider that such inability to pay
is a result of disruptions caused by the public health
emergency to which such emergency period relates;
``(2) for a provider of advanced telecommunications service
to, during such emergency period--
``(A) employ a limit on the amount of data allotted
to an individual customer or small business during such
emergency period, except that such provider may engage
in reasonable network management; or
``(B) charge an individual customer or small
business an additional fee for exceeding the limit on
the data allotted to an individual customer or small
business; or
``(3) for a provider of advanced telecommunications service
that had functioning Wi-Fi hotspots available to subscribers in
public places on the day before the beginning of such emergency
period to fail to make service provided by such Wi-Fi hotspots
available to the public at no cost during such emergency
period.
``(b) Waiver.--Upon a petition by a provider advanced
telecommunications service or voice service, the provisions in
subsection (a) may be suspended or waived by the Commission at any
time, in whole or in part, for good cause shown.
``(c) Emergency Periods Described.--An emergency period described
in this subsection is any portion beginning on or after the date of the
enactment of this section of the duration of a public health emergency
declared pursuant to section 319 of the Public Health Service Act (42
U.S.C. 247d) as a result of COVID-19, including any renewal thereof.
``(d) Definitions.--In this section:
``(1) Advanced telecommunications service.--The term
`advanced telecommunications service' means a service that
provides advanced telecommunications capability (as defined in
section 706 of the Telecommunications Act of 1996 (47 U.S.C.
1302)).
``(2) Broadband internet access service.--The term
`broadband internet access service' has the meaning given such
term in section 8.1(b) of title 47, Code of Federal Regulations
(or any successor regulation).
``(3) Individual customer.--The term `individual customer'
means an individual who contracts with a mass-market retail
provider of advanced telecommunications service or voice
service to provide service to such individual.
``(4) Reasonable network management.--The term `reasonable
network management'--
``(A) means the use of a practice that--
``(i) has a primarily technical network
management justification; and
``(ii) is primarily used for and tailored
to achieving a legitimate network management
purpose, taking into account the particular
network architecture and technology of the
service; and
``(B) does not include other business practices.
``(5) Small business.--The term `small business' has the
meaning given such term under section 601(3) of title 5, United
States Code.
``(6) Voice service.--The term `voice service' has the
meaning given such term under section 227(e)(8) of the
Communications Act of 1934 (47 U.S.C. 227(e)(8)).
``(7) Wi-fi.--The term `Wi-Fi' means a wireless networking
protocol based on Institute of Electrical and Electronics
Engineers standard 802.11 (or any successor standard).
``(8) Wi-fi hotspot.--The term `Wi-Fi hotspot' means a
device that is capable of--
``(A) receiving mobile broadband internet access
service; and
``(B) sharing such service with another device
through the use of Wi-Fi.''.
TITLE V--DON'T BREAK UP THE T-BAND
SEC. 501. REPEAL OF REQUIREMENT TO REALLOCATE AND AUCTION T-BAND
SPECTRUM.
(a) Repeal.--Section 6103 of the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1413) is repealed.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by striking the item relating to section 6103.
DIVISION V--GROW ACT
SEC. 101. SHORT TITLE.
This division may be cited as the ``Giving Retirement Options to
Workers Act of 2020'' or the ``GROW Act''.
SEC. 102. COMPOSITE PLANS.
(a) Amendment to the Employee Retirement Income Security Act of
1974.--
(1) In general.--Title I of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1001 et seq.) is amended by
adding at the end the following:
``PART 8--COMPOSITE PLANS AND LEGACY PLANS
``SEC. 801. COMPOSITE PLAN DEFINED.
``(a) In General.--For purposes of this Act, the term `composite
plan' means a pension plan--
``(1) which is a multiemployer plan that is neither a
defined benefit plan nor a defined contribution plan;
``(2) the terms of which provide that the plan is a
composite plan for purposes of this title with respect to which
not more than one multiemployer defined benefit plan is treated
as a legacy plan within the meaning of section 805, unless
there is more than one legacy plan following a merger of
composite plans under section 806;
``(3) which provides systematically for the payment of
benefits--
``(A) objectively calculated pursuant to a formula
enumerated in the plan document with respect to plan
participants after retirement, for life; and
``(B) in the form of life annuities, except for
benefits which under section 203(e) may be immediately
distributed without the consent of the participant;
``(4) for which the plan contributions for the first plan
year are at least 120 percent of the normal cost for the plan
year;
``(5) which requires--
``(A) an annual valuation of the liability of the
plan as of a date within the plan year to which the
valuation refers or within one month prior to the
beginning of such year;
``(B) an annual actuarial determination of the
plan's current funded ratio and projected funded ratio
under section 802(a);
``(C) corrective action through a realignment
program pursuant to section 803 whenever the plan's
projected funded ratio is below 120 percent for the
plan year; and
``(D) an annual notification to each participant
describing the participant's benefits under the plan
and explaining that such benefits may be subject to
reduction under a realignment program pursuant to
section 803 based on the plan's funded status in future
plan years; and
``(6) the board of trustees of which includes at least one
retiree or beneficiary in pay status during each plan year
following the first plan year in which at least 5 percent of
the participants in the plan are retirees or beneficiaries in
pay status.
``(b) Transition From a Multiemployer Defined Benefit Plan.--
``(1) In general.--The plan sponsor of a defined benefit
plan that is a multiemployer plan may, subject to paragraph
(2), amend the plan to incorporate the features of a composite
plan as a component of the multiemployer plan separate from the
defined benefit plan component, except in the case of a defined
benefit plan for which the plan actuary has certified under
section 305(b)(3) that the plan is or will be in critical
status for the plan year in which such amendment would become
effective or for any of the succeeding 5 plan years.
``(2) Requirements.--Any amendment pursuant to paragraph
(1) to incorporate the features of a composite plan as a
component of a multiemployer plan shall--
``(A) apply with respect to all collective
bargaining agreements providing for contributions to
the multiemployer plan on or after the effective date
of the amendment;
``(B) apply with respect to all participants in the
multiemployer plan for whom contributions are made to
the multiemployer plan on or after the effective date
of the amendment;
``(C) specify that the effective date of the
amendment is--
``(i) the first day of a specified plan
year following the date of the adoption of the
amendment, except that the plan sponsor may
alternatively provide for a separate effective
date with respect to each collective bargaining
agreement under which contributions to the
multiemployer plan are required, which shall
occur on the first day of the first plan year
beginning after the termination, or if earlier,
the re-opening, of each such agreement, or such
earlier date as the parties to the agreement
and the plan sponsor of the multiemployer plan
shall agree to; and
``(ii) not later than the first day of the
fifth plan year beginning on or after the date
of the adoption of the amendment;
``(D) specify that, as of the amendment's effective
date, no further benefits shall accrue under the
defined benefit component of the multiemployer plan;
and
``(E) specify that, as of the amendment's effective
date, the plan sponsor of the multiemployer plan shall
be the plan sponsor of both the composite plan
component and the defined benefit plan component of the
plan.
``(3) Special rules.--If a multiemployer plan is amended
pursuant to paragraph (1)--
``(A) the requirements of this title and title IV
shall be applied to the composite plan component and
the defined benefit plan component of the multiemployer
plan as if each such component were maintained as a
separate plan; and
``(B) the assets of the composite plan component
and the defined benefit plan component of the plan
shall be held in a single trust forming part of the
plan under which the trust instrument expressly
provides--
``(i) for separate accounts (and
appropriate records) to be maintained to
reflect the interest which each of the plan
components has in the trust, including separate
accounting for additions to the trust for the
benefit of each plan component, disbursements
made from each plan component's account in the
trust, investment experience of the trust
allocable to that account, and administrative
expenses (whether direct expenses or shared
expenses allocated proportionally), and
permits, but does not require, the pooling of
some or all of the assets of the two plan
components for investment purposes; and
``(ii) that the assets of each of the two
plan components shall be held, invested,
reinvested, managed, administered and
distributed for the exclusive benefit of the
participants and beneficiaries of each such
plan component, and in no event shall the
assets of one of the plan components be
available to pay benefits due under the other
plan component.
``(4) Not a termination event.--Notwithstanding section
4041A, an amendment pursuant to paragraph (1) to incorporate
the features of a composite plan as a component of a
multiemployer plan does not constitute termination of the
multiemployer plan.
``(5) Notice to the secretary.--
``(A) Notice.--The plan sponsor of a composite plan
shall provide notice to the Secretary of the intent to
establish the composite plan (or, in the case of a
composite plan incorporated as a component of a
multiemployer plan as described in paragraph (1), the
intent to amend the multiemployer plan to incorporate
such composite plan) at least 30 days prior to the
effective date of such establishment or amendment.
``(B) Certification.--In the case of a composite
plan incorporated as a component of a multiemployer
plan as described in paragraph (1), such notice shall
include a certification by the plan actuary under
section 305(b)(3) that the effective date of the
amendment occurs in a plan year for which the
multiemployer plan is not in critical status for that
plan year and any of the succeeding 5 plan years.
``(6) References to composite plan component.--As used in
this part, the term `composite plan' includes a composite plan
component added to a defined benefit plan pursuant to paragraph
(1).
``(7) Rule of construction.--Paragraph (2)(A) shall not be
construed as preventing the plan sponsor of a multiemployer
plan from adopting an amendment pursuant to paragraph (1)
because some collective bargaining agreements are amended to
cease any covered employer's obligation to contribute to the
multiemployer plan before or after the plan amendment is
effective. Paragraph (2)(B) shall not be construed as
preventing the plan sponsor of a multiemployer plan from
adopting an amendment pursuant to paragraph (1) because some
participants cease to have contributions made to the
multiemployer plan on their behalf before or after the plan
amendment is effective.
``(c) Coordination With Funding Rules.--Except as otherwise
provided in this title, sections 302, 304, and 305 shall not apply to a
composite plan.
``(d) Treatment of a Composite Plan.--For purposes of this Act
(other than sections 302 and 4245), a composite plan shall be treated
as if it were a defined benefit plan unless a different treatment is
provided for under applicable law.
``SEC. 802. FUNDED RATIOS; ACTUARIAL ASSUMPTIONS.
``(a) Certification of Funded Ratios.--
``(1) In general.--Not later than the one-hundred twentieth
day of each plan year of a composite plan, the plan actuary of
the composite plan shall certify to the Secretary, the
Secretary of the Treasury, and the plan sponsor the plan's
current funded ratio and projected funded ratio for the plan
year.
``(2) Determination of current funded ratio and projected
funded ratio.--For purposes of this section:
``(A) Current funded ratio.--The current funded
ratio is the ratio (expressed as a percentage) of--
``(i) the value of the plan's assets as of
the first day of the plan year; to
``(ii) the plan actuary's best estimate of
the present value of the plan liabilities as of
the first day of the plan year.
``(B) Projected funded ratio.--The projected funded
ratio is the current funded ratio projected to the
first day of the fifteenth plan year following the plan
year for which the determination is being made.
``(3) Consideration of contribution rate increases.--For
purposes of projections under this subsection, the plan sponsor
may anticipate contribution rate increases beyond the term of
the current collective bargaining agreement and any agreed-to
supplements, up to a maximum of 2.5 percent per year,
compounded annually, unless it would be unreasonable under the
circumstances to assume that contributions would increase by
that amount.
``(b) Actuarial Assumptions and Methods.--For purposes of this
part:
``(1) In general.--All costs, liabilities, rates of
interest and other factors under the plan shall be determined
for a plan year on the basis of actuarial assumptions and
methods--
``(A) each of which is reasonable (taking into
account the experience of the plan and reasonable
expectations);
``(B) which, in combination, offer the actuary's
best estimate of anticipated experience under the plan;
and
``(C) with respect to which any change from the
actuarial assumptions and methods used in the previous
plan year shall be certified by the plan actuary and
the actuarial rationale for such change provided in the
annual report required by section 103.
``(2) Fair market value of assets.--The value of the plan's
assets shall be taken into account on the basis of their fair
market value.
``(3) Determination of normal cost and plan liabilities.--A
plan's normal cost and liabilities shall be based on the most
recent actuarial valuation required under section 801(a)(5)(A)
and the unit credit funding method.
``(4) Time when certain contributions deemed made.--Any
contributions for a plan year made by an employer after the
last day of such plan year, but not later than two and one-half
months after such day, shall be deemed to have been made on
such last day. For purposes of this paragraph, such two and
one-half month period may be extended for not more than six
months under regulations prescribed by the Secretary of the
Treasury.
``(5) Additional actuarial assumptions.--Except where
otherwise provided in this part, the provisions of section
305(b)(3)(B) shall apply to any determination or projection
under this part.
``SEC. 803. REALIGNMENT PROGRAM.
``(a) Realignment Program.--
``(1) Adoption.--In any case in which the plan actuary
certifies under section 802(a) that the plan's projected funded
ratio is below 120 percent for the plan year, the plan sponsor
shall adopt a realignment program under paragraph (2) not later
than 210 days after the due date of the certification required
under such section 802(a). The plan sponsor shall adopt an
updated realignment program for each succeeding plan year for
which a certification described in the preceding sentence is
made.
``(2) Content of realignment program.--
``(A) In general.--A realignment program adopted
under this paragraph is a written program which
consists of all reasonable measures, including options
or a range of options to be undertaken by the plan
sponsor or proposed to the bargaining parties,
formulated, based on reasonably anticipated experience
and reasonable actuarial assumptions, to enable the
plan to achieve a projected funded ratio of at least
120 percent for the following plan year.
``(B) Initial program elements.--Reasonable
measures under a realignment program described in
subparagraph (A) may include any of the following:
``(i) Proposed contribution increases.
``(ii) A reduction in the rate of future
benefit accruals, so long as the resulting rate
is not less than 1 percent of the contributions
on which benefits are based as of the start of
the plan year (or the equivalent standard
accrual rate as described in section
305(e)(6)).
``(iii) A modification or elimination of
adjustable benefits of participants that are
not in pay status before the date of the notice
required under subsection (b)(1).
``(iv) Any other lawfully available
measures not specifically described in this
subparagraph or subparagraph (C) or (D) that
the plan sponsor determines are reasonable.
``(C) Additional program elements.--If the plan
sponsor has determined that all reasonable measures
available under subparagraph (B) will not enable the
plan to achieve a projected funded ratio of at least
120 percent for the following plan year, such
reasonable measures may also include--
``(i) a reduction of accrued benefits that
are not in pay status by the date of the notice
required under subsection (b)(1); or
``(ii) a reduction of any benefits of
participants that are in pay status before the
date of the notice required under subsection
(b)(1) other than core benefits as defined in
paragraph (4).
``(D) Additional reductions.--In the case of a
composite plan for which the plan sponsor has
determined that all reasonable measures available under
subparagraphs (B) and (C) will not enable the plan to
achieve a projected funded ratio of at least 120
percent for the following plan year, such reasonable
measures may also include--
``(i) a further reduction in the rate of
future benefit accruals without regard to the
limitation applicable under subparagraph
(B)(ii); or
``(ii) a reduction of core benefits,
provided that such reductions shall be equitably
distributed across the participant and beneficiary
population, taking into account factors, with respect
to participants and beneficiaries and their benefits,
that may include one or more of the factors listed in
subclauses (I) through (X) of section 305(e)(9)(D)(vi),
to the extent necessary to enable the plan to achieve a
projected funded ratio of at least 120 percent for the
following plan year, or at the election of the plan
sponsor, a projected funded ratio of at least 100
percent for the following plan year and a current
funded ratio of at least 90 percent.
``(3) Adjustable benefit defined.--For purposes of this
part, the term `adjustable benefit' means--
``(A) benefits, rights, and features under the
plan, including post-retirement death benefits, 60-
month guarantees, disability benefits not yet in pay
status, and similar benefits;
``(B) any early retirement benefit or retirement-
type subsidy (within the meaning of section
204(g)(2)(A)) and any benefit payment option (other
than the qualified joint and survivor annuity); and
``(C) benefit increases that were adopted (or, if
later, took effect) less than 60 months before the
first day such realignment program took effect.
``(4) Core benefit defined.--For purposes of this part, the
term `core benefit' means a participant's accrued benefit
payable in the normal form of an annuity commencing at normal
retirement age, determined without regard to--
``(A) any early retirement benefits, retirement-
type subsidies, or other benefits, rights, or features
that may be associated with that benefit; and
``(B) any cost-of-living adjustments or benefit
increases effective after the date of retirement.
``(5) Coordination with contribution increases.--
``(A) In general.--A realignment program may
provide that some or all of the benefit modifications
described in the program will only take effect if the
bargaining parties fail to agree to specified levels of
increases in contributions to the plan, effective as of
specified dates.
``(B) Independent benefit modifications.--If a
realignment program adopts any changes to the benefit
formula that are independent of potential contribution
increases, such changes shall take effect not later
than 180 days after the first day of the first plan
year that begins following the adoption of the
realignment program.
``(C) Conditional benefit modifications.--If a
realignment program adopts any changes to the benefit
formula that take effect only if the bargaining parties
fail to agree to contribution increases, such changes
shall take effect not later than the first day of the
first plan year beginning after the third anniversary
of the date of adoption of the realignment program.
``(D) Revocation of certain benefit
modifications.--Benefit modifications described in
subparagraph (C) may be revoked, in whole or in part,
and retroactively or prospectively, when contributions
to the plan are increased, as specified in the
realignment program, including any amendments thereto.
The preceding sentence shall not apply unless the
contribution increases are to be effective not later
than the fifth anniversary of the first day of the
first plan year that begins after the adoption of the
realignment program.
``(b) Notice.--
``(1) In general.--In any case in which it is certified
under section 802(a) that the projected funded ratio is less
than 120 percent, the plan sponsor shall, not later than 30
days after the date of the certification, provide notification
of the current and projected funded ratios to the participants
and beneficiaries, the bargaining parties, and the Secretary.
Such notice shall include--
``(A) an explanation that contribution rate
increases or benefit reductions may be necessary;
``(B) a description of the types of benefits that
might be reduced; and
``(C) an estimate of the contribution increases and
benefit reductions that may be necessary to achieve a
projected funded ratio of 120 percent.
``(2) Notice of benefit modifications.--
``(A) In general.--No modifications may be made
that reduce the rate of future benefit accrual or that
reduce core benefits or adjustable benefits unless
notice of such reduction has been given at least 180
days before the general effective date of such
reduction for all participants and beneficiaries to--
``(i) plan participants and beneficiaries;
``(ii) each employer who has an obligation
to contribute to the composite plan; and
``(iii) each employee organization which,
for purposes of collective bargaining,
represents plan participants employed by such
employers.
``(B) Content of notice.--The notice under
subparagraph (A) shall contain--
``(i) sufficient information to enable
participants and beneficiaries to understand
the effect of any reduction on their benefits,
including an illustration of any affected
benefit or subsidy, on an annual or monthly
basis that a participant or beneficiary would
otherwise have been eligible for as of the
general effective date described in
subparagraph (A); and
``(ii) information as to the rights and
remedies of plan participants and beneficiaries
as well as how to contact the Department of
Labor for further information and assistance,
where appropriate.
``(C) Form and manner.--Any notice under
subparagraph (A)--
``(i) shall be provided in a form and
manner prescribed in regulations of the
Secretary of Labor;
``(ii) shall be written in a manner so as
to be understood by the average plan
participant.
``(3) Model notices.--The Secretary shall--
``(A) prescribe model notices that the plan sponsor
of a composite plan may use to satisfy the notice
requirements under this subsection; and
``(B) by regulation enumerate any details related
to the elements listed in paragraph (1) that any notice
under this subsection must include.
``(4) Delivery method.--Any notice under this part shall be
provided in writing and may also be provided in electronic form
to the extent that the form is reasonably accessible to persons
to whom the notice is provided.
``SEC. 804. LIMITATION ON INCREASING BENEFITS.
``(a) Level of Current Funded Ratios.--Except as provided in
subsections (c), (d), and (e), no plan amendment increasing benefits or
establishing new benefits under a composite plan may be adopted for a
plan year unless--
``(1) the plan's current funded ratio is at least 110
percent (without regard to the benefit increase or new
benefits);
``(2) taking the benefit increase or new benefits into
account, the current funded ratio is at least 100 percent and
the projected funded ratio for the current plan year is at
least 120 percent;
``(3) in any case in which, after taking the benefit
increase or new benefits into account, the current funded ratio
is less than 140 percent and the projected funded ratio is less
than 140 percent, the benefit increase or new benefits are
projected by the plan actuary to increase the present value of
the plan's liabilities for the plan year by not more than 3
percent; and
``(4) expected contributions for the current plan year are
at least 120 percent of normal cost for the plan year,
determined using the unit credit funding method and treating
the benefit increase or new benefits as in effect for the
entire plan year.
``(b) Additional Requirements Where Core Benefits Reduced.--If a
plan has been amended to reduce core benefits pursuant to a realignment
program under section 803(a)(2)(D), such plan may not be subsequently
amended to increase core benefits unless the amendment--
``(1) increases the level of future benefit payments only;
and
``(2) provides for an equitable distribution of benefit
increases across the participant and beneficiary population,
taking into account the extent to which the benefits of
participants were previously reduced pursuant to such
realignment program.
``(c) Exception To Comply With Applicable Law.--Subsection (a)
shall not apply in connection with a plan amendment if the amendment is
required as a condition of qualification under part I of subchapter D
of chapter 1 of the Internal Revenue Code of 1986 or to comply with
other applicable law.
``(d) Exception Where Maximum Deductible Limit Applies.--Subsection
(a) shall not apply in connection with a plan amendment if and to the
extent that contributions to the composite plan would not be deductible
for the plan year under section 404(a)(1)(E) of the Internal Revenue
Code of 1986 if the plan amendment is not adopted.
``(e) Exception for Certain Benefit Modifications.--Subsection (a)
shall not apply in connection with a plan amendment under section
803(a)(5)(C), regarding conditional benefit modifications.
``(f) Treatment of Plan Amendments.--For purposes of this section--
``(1) if two or more plan amendments increasing benefits or
establishing new benefits are adopted in a plan year, such
amendments shall be treated as a single amendment adopted on
the last day of the plan year;
``(2) all benefit increases and new benefits adopted in a
single amendment are treated as a single benefit increase,
irrespective of whether the increases and new benefits take
effect in more than one plan year; and
``(3) increases in contributions or decreases in plan
liabilities which are scheduled to take effect in future plan
years may be taken into account in connection with a plan
amendment if they have been agreed to in writing or otherwise
formalized by the date the plan amendment is adopted.
``SEC. 805. COMPOSITE PLAN RESTRICTIONS TO PRESERVE LEGACY PLAN
FUNDING.
``(a) Treatment as a Legacy Plan.--
``(1) In general.--For purposes of this part and parts 2
and 3, a defined benefit plan shall be treated as a legacy plan
with respect to the composite plan under which the employees
who were eligible to accrue a benefit under the defined benefit
plan become eligible to accrue a benefit under such composite
plan.
``(2) Component plans.--In any case in which a defined
benefit plan is amended to add a composite plan component
pursuant to section 801(b), paragraph (1) shall be applied by
substituting `defined benefit component' for `defined benefit
plan' and `composite plan component' for `composite plan'.
``(3) Eligible to accrue a benefit.--For purposes of
paragraph (1), an employee is considered eligible to accrue a
benefit under a composite plan as of the first day in which the
employee completes an hour of service under a collective
bargaining agreement that provides for contributions to and
accruals under the composite plan in lieu of accruals under the
legacy plan.
``(4) Collective bargaining agreement.--As used in this
part, the term `collective bargaining agreement' includes any
agreement under which an employer has an obligation to
contribute to a plan.
``(5) Other terms.--Any term used in this part which is not
defined in this part and which is also used in section 305
shall have the same meaning provided such term in such section.
``(b) Restrictions on Acceptance by Composite Plan of Agreements
and Contributions.--
``(1) In general.--The plan sponsor of a composite plan
shall not accept or recognize a collective bargaining agreement
(or any modification to such agreement), and no contributions
may be accepted and no benefits may be accrued or otherwise
earned under the agreement--
``(A) in any case in which the plan actuary of any
defined benefit plan that would be treated as a legacy
plan with respect to such composite plan has certified
under section 305(b)(3) that such defined benefit plan
is or will be in critical status for the plan year in
which such agreement would take effect or for any of
the succeeding 5 plan years; and
``(B) unless the agreement requires each employer
who is a party to such agreement, including employers
whose employees are not participants in the legacy
plan, to provide contributions to the legacy plan with
respect to such composite plan in a manner that
satisfies the transition contribution requirements of
subsection (d).
``(2) Notice.--Not later than 30 days after a determination
by a plan sponsor of a composite plan that an agreement fails
to satisfy the requirements described in paragraph (1), the
plan sponsor shall provide notification of such failure and the
reasons for such determination--
``(A) to the parties to the agreement;
``(B) to active participants of the composite plan
who have ceased to accrue or otherwise earn benefits
with respect to service with an employer pursuant to
paragraph (1); and
``(C) to the Secretary, the Secretary of the
Treasury, and the Pension Benefit Guaranty Corporation.
``(3) Limitation on retroactive effect.--This subsection
shall not apply to benefits accrued before the date on which
notice is provided under paragraph (2).
``(c) Restriction on Accrual of Benefits Under a Composite Plan.--
``(1) In general.--In any case in which an employer, under
a collective bargaining agreement entered into after the date
of enactment of the Giving Retirement Options to Workers Act of
2020, ceases to have an obligation to contribute to a
multiemployer defined benefit plan, no employees employed by
the employer may accrue or otherwise earn benefits under any
composite plan, with respect to service with that employer, for
a 60-month period beginning on the date on which the employer
entered into such collective bargaining agreement.
``(2) Notice of cessation of obligation.--Within 30 days of
determining that an employer has ceased to have an obligation
to contribute to a legacy plan with respect to employees
employed by an employer that is or will be contributing to a
composite plan with respect to service of such employees, the
plan sponsor of the legacy plan shall notify the plan sponsor
of the composite plan of that cessation.
``(3) Notice of cessation of accruals.--Not later than 30
days after determining that an employer has ceased to have an
obligation to contribute to a legacy plan, the plan sponsor of
the composite plan shall notify the bargaining parties, the
active participants affected by the cessation of accruals, the
Secretary, the Secretary of the Treasury, and the Pension
Benefit Guaranty Corporation of the cessation of accruals, the
period during which such cessation is in effect, and the
reasons therefor.
``(4) Limitation on retroactive effect.--This subsection
shall not apply to benefits accrued before the date on which
notice is provided under paragraph (3).
``(d) Transition Contribution Requirements.--
``(1) In general.--A collective bargaining agreement
satisfies the transition contribution requirements of this
subsection if the agreement--
``(A) authorizes payment of contributions to a
legacy plan at a rate or rates equal to or greater than
the transition contribution rate established by the
legacy plan under paragraph (2); and
``(B) does not provide for--
``(i) a suspension of contributions to the
legacy plan with respect to any period of
service; or
``(ii) any new direct or indirect exclusion
of younger or newly hired employees of the
employer from being taken into account in
determining contributions owed to the legacy
plan.
``(2) Transition contribution rate.--
``(A) In general.--The transition contribution rate
for a plan year is the contribution rate that, as
certified by the actuary of the legacy plan in
accordance with the principles in section 305(b)(3)(B),
is reasonably expected to be adequate--
``(i) to fund the normal cost for the plan
year;
``(ii) to amortize the plan's unfunded
liabilities in level annual installments over
25 years, beginning with the plan year in which
the transition contribution rate is first
established; and
``(iii) to amortize any subsequent changes
in the legacy plan's unfunded liability due to
experience gains or losses (including
investment gains or losses, gains or losses due
to contributions greater or less than the
contributions made under the prior transition
contribution rate, and other actuarial gains or
losses), changes in actuarial assumptions,
changes to the legacy plan's benefits, or
changes in funding method over a period of 15
plan years beginning with the plan year in
which such change in unfunded liability is
incurred.
The transition contribution rate for any plan year may
not be less than the transition contribution rate for
the plan year in which such rate is first established.
``(B) Multiple rates.--If different rates of
contribution are payable to the legacy plan by
different employers or for different classes of
employees, the certification shall specify a transition
contribution rate for each such employer.
``(C) Rate applicable to employer.--
``(i) In general.--Except as provided by
clause (ii), the transition contribution rate
applicable to an employer for a plan year is
the rate in effect for the plan year of the
legacy plan that commences on or after 180 days
before the earlier of--
``(I) the effective date of the
collective bargaining agreement
pursuant to which the employer
contributes to the legacy plan; or
``(II) 5 years after the last plan
year for which the transition
contribution rate applicable to the
employer was established or updated.
``(ii) Exception.--The transition
contribution rate applicable to an employer for
the first plan year beginning on or after the
commencement of the employer's obligation to
contribute to the composite plan is the rate in
effect for the plan year of the legacy plan
that commences on or after 180 days before such
first plan year.
``(D) Effect of legacy plan financial
circumstances.--If the plan actuary of the legacy plan
has certified under section 305 that the plan is in
endangered or critical status for a plan year, the
transition contribution rate for the following plan
year is the rate determined with respect to the
employer under the legacy plan's funding improvement or
rehabilitation plan under section 305, if greater than
the rate otherwise determined, but in no event greater
than 75 percent of the sum of the contribution rates
applicable to the legacy plan and the composite plan
for the plan year.
``(E) Other actuarial assumptions and methods.--
Except as provided in subparagraph (A), the
determination of the transition contribution rate for a
plan year shall be based on actuarial assumptions and
methods consistent with the minimum funding
determinations made under section 304 (or, if
applicable, section 305) with respect to the legacy
plan for the plan year.
``(F) Adjustments in rate.--The plan sponsor of a
legacy plan from time to time may adjust the transition
contribution rate or rates applicable to an employer
under this paragraph by increasing some rates and
decreasing others if the actuary certifies that such
adjusted rates in combination will produce projected
contribution income for the plan year beginning on or
after the date of certification that is not less than
would be produced by the transition contribution rates
in effect at the time of the certification.
``(G) Notice of transition contribution rate.--The
plan sponsor of a legacy plan shall provide notice to
the parties to collective bargaining agreements
pursuant to which contributions are made to the legacy
plan of changes to the transition contribution rate
requirements at least 30 days before the beginning of
the plan year for which the rate is effective.
``(H) Notice to composite plan sponsor.--Not later
than 30 days after a determination by the plan sponsor
of a legacy plan that a collective bargaining agreement
provides for a rate of contributions that is below the
transition contribution rate applicable to one or more
employers that are parties to the collective bargaining
agreement, the plan sponsor of the legacy plan shall
notify the plan sponsor of any composite plan under
which employees of such employer would otherwise be
eligible to accrue a benefit.
``(3) Correction procedures.--Pursuant to standards
prescribed by the Secretary, the plan sponsor of a composite
plan shall adopt rules and procedures that give the parties to
the collective bargaining agreement notice of the failure of
such agreement to satisfy the transition contribution
requirements of this subsection, and a reasonable opportunity
to correct such failure, not to exceed 180 days from the date
of notice given under subsection (b)(2).
``(4) Supplemental contributions.--A collective bargaining
agreement may provide for supplemental contributions to the
legacy plan for a plan year in excess of the transition
contribution rate determined under paragraph (2), regardless of
whether the legacy plan is in endangered or critical status for
such plan year.
``(e) Nonapplication of Composite Plan Restrictions.--
``(1) In general.--The provisions of subsections (a), (b),
and (c) shall not apply with respect to a collective bargaining
agreement, to the extent the agreement, or a predecessor
agreement, provides or provided for contributions to a defined
benefit plan that is a legacy plan, as of the first day of the
first plan year following a plan year for which the plan
actuary certifies that the plan is fully funded, has been fully
funded for at least three out of the immediately preceding 5
plan years, and is projected to remain fully funded for at
least the following 4 plan years.
``(2) Determination of fully funded.--A plan is fully
funded for purposes of paragraph (1) if, as of the valuation
date of the plan for a plan year, the value of the plan's
assets equals or exceeds the present value of the plan's
liabilities, determined in accordance with the rules prescribed
by the Pension Benefit Guaranty Corporation under sections
4219(c)(1)(D) and 4281 for multiemployer plans terminating by
mass withdrawal, as in effect for the date of the
determination, except the plan's reasonable assumption
regarding the starting date of benefits may be used.
``(3) Other applicable rules.--Except as provided in
paragraph (2), actuarial determinations and projections under
this section shall be based on the rules in section 305(b)(3)
and section 802(b).
``SEC. 806. MERGERS AND ASSET TRANSFERS OF COMPOSITE PLANS.
``(a) In General.--Assets and liabilities of a composite plan may
only be merged with, or transferred to, another plan if--
``(1) the other plan is a composite plan;
``(2) the plan or plans resulting from the merger or
transfer is a composite plan;
``(3) no participant's accrued benefit or adjustable
benefit is lower immediately after the transaction than it was
immediately before the transaction; and
``(4) the value of the assets transferred in the case of a
transfer reasonably reflects the value of the amounts
contributed with respect to the participants whose benefits are
being transferred, adjusted for allocable distributions,
investment gains and losses, and administrative expenses.
``(b) Legacy Plan.--
``(1) In general.--After a merger or transfer involving a
composite plan, the legacy plan with respect to an employer
that is obligated to contribute to the resulting composite plan
is the legacy plan that applied to that employer immediately
before the merger or transfer.
``(2) Multiple legacy plans.--If an employer is obligated
to contribute to more than one legacy plan with respect to
employees eligible to accrue benefits under more than one
composite plan and there is a merger or transfer of such legacy
plans, the transition contribution rate applicable to the
legacy plan resulting from the merger or transfer with respect
to that employer shall be determined in accordance with the
provisions of section 805(d)(2)(B).''.
(2) Penalties.--
(A) Civil enforcement of failure to comply with
realignment program.--Section 502(a) of such Act (29
U.S.C. 1132(a)) is amended--
(i) in paragraph (10), by striking ``or''
at the end;
(ii) in paragraph (11), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(12) in the case of a composite plan required to adopt a
realignment program under section 803, if the plan sponsor--
``(A) has not adopted a realignment program under
that section by the deadline established in such
section; or
``(B) fails to update or comply with the terms of
the realignment program in accordance with the
requirements of such section,
by the Secretary, by an employer that has an obligation to
contribute with respect to the composite plan, or by an
employee organization that represents active participants in
the composite plan, for an order compelling the plan sponsor to
adopt a realignment program, or to update or comply with the
terms of the realignment program, in accordance with the
requirements of such section and the realignment program.''.
(B) Civil penalties.--Section 502(c) of such Act
(29 U.S.C. 1132(c)) is amended--
(i) by moving paragraphs (8), (10), and
(12) each 2 ems to the left;
(ii) by redesignating paragraphs (9)
through (12) as paragraphs (12) through (15),
respectively; and
(iii) by inserting after paragraph (8) the
following:
``(9) The Secretary may assess against any plan sponsor of
a composite plan a civil penalty of not more than $1,100 per
day for each violation by such sponsor--
``(A) of the requirement under section 802(a) on
the plan actuary to certify the plan's current or
projected funded ratio by the date specified in such
subsection; or
``(B) of the requirement under section 803 to adopt
a realignment program by the deadline established in
that section and to comply with its terms.
``(10)(A) The Secretary may assess against any plan sponsor
of a composite plan a civil penalty of not more than $100 per
day for each violation by such sponsor of the requirement under
section 803(b) to provide notice as described in such section,
except that no penalty may be assessed in any case in which the
plan sponsor exercised reasonable diligence to meet the
requirements of such section and--
``(i) the plan sponsor did not know that the
violation existed; or
``(ii) the plan sponsor provided such notice during
the 30-day period beginning on the first date on which
the plan sponsor knew, or in exercising reasonable due
diligence should have known, that such violation
existed.
``(B) In any case in which the plan sponsor exercised
reasonable diligence to meet the requirements of section
803(b)--
``(i) the total penalty assessed under this
paragraph against such sponsor for a plan year may not
exceed $500,000; and
``(ii) the Secretary may waive part or all of such
penalty to the extent that the payment of such penalty
would be excessive or otherwise inequitable relative to
the violation involved.
``(11) The Secretary may assess against any plan sponsor of
a composite plan a civil penalty of not more than $100 per day
for each violation by such sponsor of the notice requirements
under sections 801(b)(5) and 805(b)(2).''.
(3) Conforming amendment.--The table of contents in section
1 of such Act (29 U.S.C. 1001 note) is amended by inserting
after the item relating to section 734 the following:
``Part 8--Composite Plans and Legacy Plans
``Sec. 801. Composite plan defined.
``Sec. 802. Funded ratios; actuarial assumptions.
``Sec. 803. Realignment program.
``Sec. 804. Limitation on increasing benefits.
``Sec. 805. Composite plan restrictions to preserve legacy plan
funding.
``Sec. 806. Mergers and asset transfers of composite plans.''.
(b) Amendment to the Internal Revenue Code of 1986.--
(1) In general.--Part III of subchapter D of chapter 1 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following:
``Subpart C--Composite Plans and Legacy Plans
``Sec. 437. Composite plan defined.
``Sec. 438. Funded ratios; actuarial assumptions.
``Sec. 439. Realignment program.
``Sec. 440. Limitation on increasing benefits.
``Sec. 440A. Composite plan restrictions to preserve legacy plan
funding.
``Sec. 440B. Mergers and asset transfers of composite plans.
``SEC. 437. COMPOSITE PLAN DEFINED.
``(a) In General.--For purposes of this title, the term `composite
plan' means a pension plan--
``(1) which is a multiemployer plan that is neither a
defined benefit plan nor a defined contribution plan,
``(2) the terms of which provide that the plan is a
composite plan for purposes of this title with respect to which
not more than one multiemployer defined benefit plan is treated
as a legacy plan within the meaning of section 440A, unless
there is more than one legacy plan following a merger of
composite plans under section 440B,
``(3) which provides systematically for the payment of
benefits--
``(A) objectively calculated pursuant to a formula
enumerated in the plan document with respect to plan
participants after retirement, for life, and
``(B) in the form of life annuities, except for
benefits which under section 411(a)(11) may be
immediately distributed without the consent of the
participant,
``(4) for which the plan contributions for the first plan
year are at least 120 percent of the normal cost for the plan
year,
``(5) which requires--
``(A) an annual valuation of the liability of the
plan as of a date within the plan year to which the
valuation refers or within one month prior to the
beginning of such year,
``(B) an annual actuarial determination of the
plan's current funded ratio and projected funded ratio
under section 438(a),
``(C) corrective action through a realignment
program pursuant to section 439 whenever the plan's
projected funded ratio is below 120 percent for the
plan year, and
``(D) an annual notification to each participant
describing the participant's benefits under the plan
and explaining that such benefits may be subject to
reduction under a realignment program pursuant to
section 439 based on the plan's funded status in future
plan years, and
``(6) the board of trustees of which includes at least one
retiree or beneficiary in pay status during each plan year
following the first plan year in which at least 5 percent of
the participants in the plan are retirees or beneficiaries in
pay status.
``(b) Transition From a Multiemployer Defined Benefit Plan.--
``(1) In general.--The plan sponsor of a defined benefit
plan that is a multiemployer plan may, subject to paragraph
(2), amend the plan to incorporate the features of a composite
plan as a component of the multiemployer plan separate from the
defined benefit plan component, except in the case of a defined
benefit plan for which the plan actuary has certified under
section 432(b)(3) that the plan is or will be in critical
status for the plan year in which such amendment would become
effective or for any of the succeeding 5 plan years.
``(2) Requirements.--Any amendment pursuant to paragraph
(1) to incorporate the features of a composite plan as a
component of a multiemployer plan shall--
``(A) apply with respect to all collective
bargaining agreements providing for contributions to
the multiemployer plan on or after the effective date
of the amendment,
``(B) apply with respect to all participants in the
multiemployer plan for whom contributions are made to
the multiemployer plan on or after the effective date
of the amendment,
``(C) specify that the effective date of the
amendment is--
``(i) the first day of a specified plan
year following the date of the adoption of the
amendment, except that the plan sponsor may
alternatively provide for a separate effective
date with respect to each collective bargaining
agreement under which contributions to the
multiemployer plan are required, which shall
occur on the first day of the first plan year
beginning after the termination, or if earlier,
the re-opening, of each such agreement, or such
earlier date as the parties to the agreement
and the plan sponsor of the multiemployer plan
shall agree to, and
``(ii) not later than the first day of the
fifth plan year beginning on or after the date
of the adoption of the amendment,
``(D) specify that, as of the amendment's effective
date, no further benefits shall accrue under the
defined benefit component of the multiemployer plan,
and
``(E) specify that, as of the amendment's effective
date, the plan sponsor of the multiemployer plan shall
be the plan sponsor of both the composite plan
component and the defined benefit plan component of the
plan.
``(3) Special rules.--If a multiemployer plan is amended
pursuant to paragraph (1)--
``(A) the requirements of this title shall be
applied to the composite plan component and the defined
benefit plan component of the multiemployer plan as if
each such component were maintained as a separate plan,
and
``(B) the assets of the composite plan component
and the defined benefit plan component of the plan
shall be held in a single trust forming part of the
plan under which the trust instrument expressly
provides--
``(i) for separate accounts (and
appropriate records) to be maintained to
reflect the interest which each of the plan
components has in the trust, including separate
accounting for additions to the trust for the
benefit of each plan component, disbursements
made from each plan component's account in the
trust, investment experience of the trust
allocable to that account, and administrative
expenses (whether direct expenses or shared
expenses allocated proportionally), and
permits, but does not require, the pooling of
some or all of the assets of the two plan
components for investment purposes, and
``(ii) that the assets of each of the two
plan components shall be held, invested,
reinvested, managed, administered and
distributed for the exclusive benefit of the
participants and beneficiaries of each such
plan component, and in no event shall the
assets of one of the plan components be
available to pay benefits due under the other
plan component.
``(4) Not a termination event.--Notwithstanding section
4041A of the Employee Retirement Income Security Act of 1974,
an amendment pursuant to paragraph (1) to incorporate the
features of a composite plan as a component of a multiemployer
plan does not constitute termination of the multiemployer plan.
``(5) Notice to the secretary.--
``(A) Notice.--The plan sponsor of a composite plan
shall provide notice to the Secretary of the intent to
establish the composite plan (or, in the case of a
composite plan incorporated as a component of a
multiemployer plan as described in paragraph (1), the
intent to amend the multiemployer plan to incorporate
such composite plan) at least 30 days prior to the
effective date of such establishment or amendment.
``(B) Certification.--In the case of a composite
plan incorporated as a component of a multiemployer
plan as described in paragraph (1), such notice shall
include a certification by the plan actuary under
section 432(b)(3) that the effective date of the
amendment occurs in a plan year for which the
multiemployer plan is not in critical status for that
plan year and any of the succeeding 5 plan years.
``(6) References to composite plan component.--As used in
this subpart, the term `composite plan' includes a composite
plan component added to a defined benefit plan pursuant to
paragraph (1).
``(7) Rule of construction.--Paragraph (2)(A) shall not be
construed as preventing the plan sponsor of a multiemployer
plan from adopting an amendment pursuant to paragraph (1)
because some collective bargaining agreements are amended to
cease any covered employer's obligation to contribute to the
multiemployer plan before or after the plan amendment is
effective. Paragraph (2)(B) shall not be construed as
preventing the plan sponsor of a multiemployer plan from
adopting an amendment pursuant to paragraph (1) because some
participants cease to have contributions made to the
multiemployer plan on their behalf before or after the plan
amendment is effective.
``(c) Coordination With Funding Rules.--Except as otherwise
provided in this title, sections 412, 431, and 432 shall not apply to a
composite plan.
``(d) Treatment of a Composite Plan.--For purposes of this title
(other than sections 412 and 418E), a composite plan shall be treated
as if it were a defined benefit plan unless a different treatment is
provided for under applicable law.
``SEC. 438. FUNDED RATIOS; ACTUARIAL ASSUMPTIONS.
``(a) Certification of Funded Ratios.--
``(1) In general.--Not later than the one-hundred twentieth
day of each plan year of a composite plan, the plan actuary of
the composite plan shall certify to the Secretary, the
Secretary of Labor, and the plan sponsor the plan's current
funded ratio and projected funded ratio for the plan year.
``(2) Determination of current funded ratio and projected
funded ratio.--For purposes of this section--
``(A) Current funded ratio.--The current funded
ratio is the ratio (expressed as a percentage) of--
``(i) the value of the plan's assets as of
the first day of the plan year, to
``(ii) the plan actuary's best estimate of
the present value of the plan liabilities as of
the first day of the plan year.
``(B) Projected funded ratio.--The projected funded
ratio is the current funded ratio projected to the
first day of the fifteenth plan year following the plan
year for which the determination is being made.
``(3) Consideration of contribution rate increases.--For
purposes of projections under this subsection, the plan sponsor
may anticipate contribution rate increases beyond the term of
the current collective bargaining agreement and any agreed-to
supplements, up to a maximum of 2.5 percent per year,
compounded annually, unless it would be unreasonable under the
circumstances to assume that contributions would increase by
that amount.
``(b) Actuarial Assumptions and Methods.--For purposes of this
part--
``(1) In general.--All costs, liabilities, rates of
interest, and other factors under the plan shall be determined
for a plan year on the basis of actuarial assumptions and
methods--
``(A) each of which is reasonable (taking into
account the experience of the plan and reasonable
expectations),
``(B) which, in combination, offer the actuary's
best estimate of anticipated experience under the plan,
and
``(C) with respect to which any change from the
actuarial assumptions and methods used in the previous
plan year shall be certified by the plan actuary and
the actuarial rationale for such change provided in the
annual report required by section 6058.
``(2) Fair market value of assets.--The value of the plan's
assets shall be taken into account on the basis of their fair
market value.
``(3) Determination of normal cost and plan liabilities.--A
plan's normal cost and liabilities shall be based on the most
recent actuarial valuation required under section 437(a)(5)(A)
and the unit credit funding method.
``(4) Time when certain contributions deemed made.--Any
contributions for a plan year made by an employer after the
last day of such plan year, but not later than two and one-half
months after such day, shall be deemed to have been made on
such last day. For purposes of this paragraph, such two and
one-half month period may be extended for not more than six
months under regulations prescribed by the Secretary.
``(5) Additional actuarial assumptions.--Except where
otherwise provided in this subpart, the provisions of section
432(b)(3)(B) shall apply to any determination or projection
under this subpart.
``SEC. 439. REALIGNMENT PROGRAM.
``(a) Realignment Program.--
``(1) Adoption.--In any case in which the plan actuary
certifies under section 438(a) that the plan's projected funded
ratio is below 120 percent for the plan year, the plan sponsor
shall adopt a realignment program under paragraph (2) not later
than 210 days after the due date of the certification required
under section 438(a). The plan sponsor shall adopt an updated
realignment program for each succeeding plan year for which a
certification described in the preceding sentence is made.
``(2) Content of realignment program.--
``(A) In general.--A realignment program adopted
under this paragraph is a written program which
consists of all reasonable measures, including options
or a range of options to be undertaken by the plan
sponsor or proposed to the bargaining parties,
formulated, based on reasonably anticipated experience
and reasonable actuarial assumptions, to enable the
plan to achieve a projected funded ratio of at least
120 percent for the following plan year.
``(B) Initial program elements.--Reasonable
measures under a realignment program described in
subparagraph (A) may include any of the following:
``(i) Proposed contribution increases.
``(ii) A reduction in the rate of future
benefit accruals, so long as the resulting rate
shall not be less than 1 percent of the
contributions on which benefits are based as of
the start of the plan year (or the equivalent
standard accrual rate as described in section
432(e)(6)).
``(iii) A modification or elimination of
adjustable benefits of participants that are
not in pay status before the date of the notice
required under subsection (b)(1).
``(iv) Any other legally available measures
not specifically described in this subparagraph
or subparagraph (C) or (D) that the plan
sponsor determines are reasonable.
``(C) Additional program elements.--If the plan
sponsor has determined that all reasonable measures
available under subparagraph (B) will not enable the
plan to achieve a projected funded ratio of at least
120 percent the following plan year, such reasonable
measures may also include--
``(i) a reduction of accrued benefits that
are not in pay status by the date of the notice
required under subsection (b)(1), or
``(ii) a reduction of any benefits of
participants that are in pay status before the
date of the notice required under subsection
(b)(1) other than core benefits as defined in
paragraph (4).
``(D) Additional reductions.--In the case of a
composite plan for which the plan sponsor has
determined that all reasonable measures available under
subparagraphs (B) and (C) will not enable the plan to
achieve a projected funded ratio of at least 120
percent for the following plan year, such reasonable
measures may also include--
``(i) a further reduction in the rate of
future benefit accruals without regard to the
limitation applicable under subparagraph
(B)(ii), or
``(ii) a reduction of core benefits,
provided that such reductions shall be equitably
distributed across the participant and beneficiary
population, taking into account factors, with respect
to participants and beneficiaries and their benefits,
that may include one or more of the factors listed in
subclauses (I) through (X) of section 432(e)(9)(D)(vi),
to the extent necessary to enable the plan to achieve a
projected funded ratio of at least 120 percent for the
following plan year, or at the election of the plan
sponsor, a projected funded ratio of at least 100
percent for the following plan year and a current
funded ratio of at least 90 percent.
``(3) Adjustable benefit defined.--For purposes of this
subpart, the term `adjustable benefit' means--
``(A) benefits, rights, and features under the
plan, including post-retirement death benefits, 60-
month guarantees, disability benefits not yet in pay
status, and similar benefits,
``(B) any early retirement benefit or retirement-
type subsidy (within the meaning of section
411(d)(6)(B)(i)) and any benefit payment option (other
than the qualified joint and survivor annuity), and
``(C) benefit increases that were adopted (or, if
later, took effect) less than 60 months before the
first day such realignment program took effect.
``(4) Core benefit defined.--For purposes of this subpart,
the term `core benefit' means a participant's accrued benefit
payable in the normal form of an annuity commencing at normal
retirement age, determined without regard to--
``(A) any early retirement benefits, retirement-
type subsidies, or other benefits, rights, or features
that may be associated with that benefit, and
``(B) any cost-of-living adjustments or benefit
increases effective after the date of retirement.
``(5) Coordination with contribution increases.--
``(A) In general.--A realignment program may
provide that some or all of the benefit modifications
described in the program will only take effect if the
bargaining parties fail to agree to specified levels of
increases in contributions to the plan, effective as of
specified dates.
``(B) Independent benefit modifications.--If a
realignment program adopts any changes to the benefit
formula that are independent of potential contribution
increases, such changes shall take effect not later
than 180 days following the first day of the first plan
year that begins following the adoption of the
realignment program.
``(C) Conditional benefit modifications.--If a
realignment program adopts any changes to the benefit
formula that take effect only if the bargaining parties
fail to agree to contribution increases, such changes
shall take effect not later than the first day of the
first plan year beginning after the third anniversary
of the date of adoption of the realignment program.
``(D) Revocation of certain benefit
modifications.--Benefit modifications described in
paragraph (3) may be revoked, in whole or in part, and
retroactively or prospectively, when contributions to
the plan are increased, as specified in the realignment
program, including any amendments thereto. The
preceding sentence shall not apply unless the
contribution increases are to be effective not later
than the fifth anniversary of the first day of the
first plan year that begins after the adoption of the
realignment program.
``(b) Notice.--
``(1) In general.--In any case in which it is certified
under section 438(a) that the projected funded ratio is less
than 120 percent, the plan sponsor shall, not later than 30
days after the date of the certification, provide notification
of the current and projected funded ratios to the participants
and beneficiaries, the bargaining parties, and the Secretary.
Such notice shall include--
``(A) an explanation that contribution rate
increases or benefit reductions may be necessary,
``(B) a description of the types of benefits that
might be reduced, and
``(C) an estimate of the contribution increases and
benefit reductions that may be necessary to achieve a
projected funded ratio of 120 percent.
``(2) Notice of benefit modifications.--
``(A) In general.--No modifications may be made
that reduce the rate of future benefit accrual or that
reduce core benefits or adjustable benefits unless
notice of such reduction has been given at least 180
days before the general effective date of such
reduction for all participants and beneficiaries to--
``(i) plan participants and beneficiaries,
``(ii) each employer who has an obligation
to contribute to the composite plan, and
``(iii) each employee organization which,
for purposes of collective bargaining,
represents plan participants employed by such
employers.
``(B) Content of notice.--The notice under
subparagraph (A) shall contain--
``(i) sufficient information to enable
participants and beneficiaries to understand
the effect of any reduction on their benefits,
including an illustration of any affected
benefit or subsidy, on an annual or monthly
basis that a participant or beneficiary would
otherwise have been eligible for as of the
general effective date described in
subparagraph (A), and
``(ii) information as to the rights and
remedies of plan participants and beneficiaries
as well as how to contact the Department of
Labor for further information and assistance,
where appropriate.
``(C) Form and manner.--Any notice under
subparagraph (A)--
``(i) shall be provided in a form and
manner prescribed in regulations of the
Secretary of Labor,
``(ii) shall be written in a manner so as
to be understood by the average plan
participant.
``(3) Model notices.--The Secretary shall--
``(A) prescribe model notices that the plan sponsor
of a composite plan may use to satisfy the notice
requirements under this subsection, and
``(B) by regulation enumerate any details related
to the elements listed in paragraph (1) that any notice
under this subsection must include.
``(4) Delivery method.--Any notice under this part shall be
provided in writing and may also be provided in electronic form
to the extent that the form is reasonably accessible to persons
to whom the notice is provided.
``SEC. 440. LIMITATION ON INCREASING BENEFITS.
``(a) Level of Current Funded Ratios.--Except as provided in
subsections (c), (d), and (e), no plan amendment increasing benefits or
establishing new benefits under a composite plan may be adopted for a
plan year unless--
``(1) the plan's current funded ratio is at least 110
percent (without regard to the benefit increase or new
benefits),
``(2) taking the benefit increase or new benefits into
account, the current funded ratio is at least 100 percent and
the projected funded ratio for the current plan year is at
least 120 percent,
``(3) in any case in which, after taking the benefit
increase or new benefits into account, the current funded ratio
is less than 140 percent or the projected funded ratio is less
than 140 percent, the benefit increase or new benefits are
projected by the plan actuary to increase the present value of
the plan's liabilities for the plan year by not more than 3
percent, and
``(4) expected contributions for the current plan year are
at least 120 percent of normal cost for the plan year,
determined using the unit credit funding method and treating
the benefit increase or new benefits as in effect for the
entire plan year.
``(b) Additional Requirements Where Core Benefits Reduced.--If a
plan has been amended to reduce core benefits pursuant to a realignment
program under section 439(a)(2)(D), such plan may not be subsequently
amended to increase core benefits unless the amendment--
``(1) increases the level of future benefit payments only,
and
``(2) provides for an equitable distribution of benefit
increases across the participant and beneficiary population,
taking into account the extent to which the benefits of
participants were previously reduced pursuant to such
realignment program.
``(c) Exception To Comply With Applicable Law.--Subsection (a)
shall not apply in connection with a plan amendment if the amendment is
required as a condition of qualification under part I of subchapter D
of chapter 1 or to comply with other applicable law.
``(d) Exception Where Maximum Deductible Limit Applies.--Subsection
(a) shall not apply in connection with a plan amendment if and to the
extent that contributions to the composite plan would not be deductible
for the plan year under section 404(a)(1)(E) if the plan amendment is
not adopted. The Secretary of the Treasury shall issue regulations to
implement this paragraph.
``(e) Exception for Certain Benefit Modifications.--Subsection (a)
shall not apply in connection with a plan amendment under section
439(a)(5)(C), regarding conditional benefit modifications.
``(f) Treatment of Plan Amendments.--For purposes of this section--
``(1) if two or more plan amendments increasing benefits or
establishing new benefits are adopted in a plan year, such
amendments shall be treated as a single amendment adopted on
the last day of the plan year,
``(2) all benefit increases and new benefits adopted in a
single amendment are treated as a single benefit increase,
irrespective of whether the increases and new benefits take
effect in more than one plan year, and
``(3) increases in contributions or decreases in plan
liabilities which are scheduled to take effect in future plan
years may be taken into account in connection with a plan
amendment if they have been agreed to in writing or otherwise
formalized by the date the plan amendment is adopted.
``SEC. 440A. COMPOSITE PLAN RESTRICTIONS TO PRESERVE LEGACY PLAN
FUNDING.
``(a) Treatment as a Legacy Plan.--
``(1) In general.--For purposes of this subchapter, a
defined benefit plan shall be treated as a legacy plan with
respect to the composite plan under which the employees who
were eligible to accrue a benefit under the defined benefit
plan become eligible to accrue a benefit under such composite
plan.
``(2) Component plans.--In any case in which a defined
benefit plan is amended to add a composite plan component
pursuant to section 437(b), paragraph (1) shall be applied by
substituting `defined benefit component' for `defined benefit
plan' and `composite plan component' for `composite plan'.
``(3) Eligible to accrue a benefit.--For purposes of
paragraph (1), an employee is considered eligible to accrue a
benefit under a composite plan as of the first day in which the
employee completes an hour of service under a collective
bargaining agreement that provides for contributions to and
accruals under the composite plan in lieu of accruals under the
legacy plan.
``(4) Collective bargaining agreement.--As used in this
subpart, the term `collective bargaining agreement' includes
any agreement under which an employer has an obligation to
contribute to a plan.
``(5) Other terms.--Any term used in this subpart which is
not defined in this part and which is also used in section 432
shall have the same meaning provided such term in such section.
``(b) Restrictions on Acceptance by Composite Plan of Agreements
and Contributions.--
``(1) In general.--The plan sponsor of a composite plan
shall not accept or recognize a collective bargaining agreement
(or any modification to such agreement), and no contributions
may be accepted and no benefits may be accrued or otherwise
earned under the agreement--
``(A) in any case in which the plan actuary of any
defined benefit plan that would be treated as a legacy
plan with respect to such composite plan has certified
under section 432(b)(3) that such defined benefit plan
is or will be in critical status for the plan year in
which such agreement would take effect or for any of
the succeeding 5 plan years, and
``(B) unless the agreement requires each employer
who is a party to such agreement, including employers
whose employees are not participants in the legacy
plan, to provide contributions to the legacy plan with
respect to such composite plan in a manner that
satisfies the transition contribution requirements of
subsection (d).
``(2) Notice.--Not later than 30 days after a determination
by a plan sponsor of a composite plan that an agreement fails
to satisfy the requirements described in paragraph (1), the
plan sponsor shall provide notification of such failure and the
reasons for such determination to--
``(A) the parties to the agreement,
``(B) active participants of the composite plan who
have ceased to accrue or otherwise earn benefits with
respect to service with an employer pursuant to
paragraph (1), and
``(C) the Secretary of Labor, the Secretary of the
Treasury, and the Pension Benefit Guaranty Corporation.
``(3) Limitation on retroactive effect.--This subsection
shall not apply to benefits accrued before the date on which
notice is provided under paragraph (2).
``(c) Restriction on Accrual of Benefits Under a Composite Plan.--
``(1) In general.--In any case in which an employer, under
a collective bargaining agreement entered into after the date
of enactment of the Giving Retirement Options to Workers Act of
2020, ceases to have an obligation to contribute to a
multiemployer defined benefit plan, no employees employed by
the employer may accrue or otherwise earn benefits under any
composite plan, with respect to service with that employer, for
a 60-month period beginning on the date on which the employer
entered into such collective bargaining agreement.
``(2) Notice of cessation of obligation.--Within 30 days of
determining that an employer has ceased to have an obligation
to contribute to a legacy plan with respect to employees
employed by an employer that is or will be contributing to a
composite plan with respect to service of such employees, the
plan sponsor of the legacy plan shall notify the plan sponsor
of the composite plan of that cessation.
``(3) Notice of cessation of accruals.--Not later than 30
days after determining that an employer has ceased to have an
obligation to contribute to a legacy plan, the plan sponsor of
the composite plan shall notify the bargaining parties, the
active participants affected by the cessation of accruals, the
Secretary, the Secretary of Labor, and the Pension Benefit
Guaranty Corporation of the cessation of accruals, the period
during which such cessation is in effect, and the reasons
therefor.
``(4) Limitation on retroactive effect.--This subsection
shall not apply to benefits accrued before the date on which
notice is provided under paragraph (3).
``(d) Transition Contribution Requirements.--
``(1) In general.--A collective bargaining agreement
satisfies the transition contribution requirements of this
subsection if the agreement--
``(A) authorizes for payment of contributions to a
legacy plan at a rate or rates equal to or greater than
the transition contribution rate established under
paragraph (2), and
``(B) does not provide for--
``(i) a suspension of contributions to the
legacy plan with respect to any period of
service, or
``(ii) any new direct or indirect exclusion
of younger or newly hired employees of the
employer from being taken into account in
determining contributions owed to the legacy
plan.
``(2) Transition contribution rate.--
``(A) In general.--The transition contribution rate
for a plan year is the contribution rate that, as
certified by the actuary of the legacy plan in
accordance with the principles in section 432(b)(3)(B),
is reasonably expected to be adequate--
``(i) to fund the normal cost for the plan
year,
``(ii) to amortize the plan's unfunded
liabilities in level annual installments over
25 years, beginning with the plan year in which
the transition contribution rate is first
established, and
``(iii) to amortize any subsequent changes
in the legacy plan's unfunded liability due to
experience gains or losses (including
investment gains or losses, gains or losses due
to contributions greater or less than the
contributions made under the prior transition
contribution rate, and other actuarial gains or
losses), changes in actuarial assumptions,
changes to the legacy plan's benefits, or
changes in funding method over a period of 15
plan years beginning with the plan year in
which such change in unfunded liability is
incurred.
The transition contribution rate for any plan year may
not be less than the transition contribution rate for
the plan year in which such rate is first established.
``(B) Multiple rates.--If different rates of
contribution are payable to the legacy plan by
different employers or for different classes of
employees, the certification shall specify a transition
contribution rate for each such employer.
``(C) Rate applicable to employer.--
``(i) In general.--Except as provided by
clause (ii), the transition contribution rate
applicable to an employer for a plan year is
the rate in effect for the plan year of the
legacy plan that commences on or after 180 days
before the earlier of--
``(I) the effective date of the
collective bargaining agreement
pursuant to which the employer
contributes to the legacy plan, or
``(II) 5 years after the last plan
year for which the transition
contribution rate applicable to the
employer was established or updated.
``(ii) Exception.--The transition
contribution rate applicable to an employer for
the first plan year beginning on or after the
commencement of the employer's obligation to
contribute to the composite plan is the rate in
effect for the plan year of the legacy plan
that commences on or after 180 days before such
first plan year.
``(D) Effect of legacy plan financial
circumstances.--If the plan actuary of the legacy plan
has certified under section 432 that the plan is in
endangered or critical status for a plan year, the
transition contribution rate for the following plan
year is the rate determined with respect to the
employer under the legacy plan's funding improvement or
rehabilitation plan under section 432, if greater than
the rate otherwise determined, but in no event greater
than 75 percent of the sum of the contribution rates
applicable to the legacy plan and the composite plan
for the plan year.
``(E) Other actuarial assumptions and methods.--
Except as provided in subparagraph (A), the
determination of the transition contribution rate for a
plan year shall be based on actuarial assumptions and
methods consistent with the minimum funding
determinations made under section 431 (or, if
applicable, section 432) with respect to the legacy
plan for the plan year.
``(F) Adjustments in rate.--The plan sponsor of a
legacy plan from time to time may adjust the transition
contribution rate or rates applicable to an employer
under this paragraph by increasing some rates and
decreasing others if the actuary certifies that such
adjusted rates in combination will produce projected
contribution income for the plan year beginning on or
after the date of certification that is not less than
would be produced by the transition contribution rates
in effect at the time of the certification.
``(G) Notice of transition contribution rate.--The
plan sponsor of a legacy plan shall provide notice to
the parties to collective bargaining agreements
pursuant to which contributions are made to the legacy
plan of changes to the transition contribution rate
requirements at least 30 days before the beginning of
the plan year for which the rate is effective.
``(H) Notice to composite plan sponsor.--Not later
than 30 days after a determination by the plan sponsor
of a legacy plan that a collective bargaining agreement
provides for a rate of contributions that is below the
transition contribution rate applicable to one or more
employers that are parties to the collective bargaining
agreement, the plan sponsor of the legacy plan shall
notify the plan sponsor of any composite plan under
which employees of such employer would otherwise be
eligible to accrue a benefit.
``(3) Correction procedures.--Pursuant to standards
prescribed by the Secretary of Labor, the plan sponsor of a
composite plan shall adopt rules and procedures that give the
parties to the collective bargaining agreement notice of the
failure of such agreement to satisfy the transition
contribution requirements of this subsection, and a reasonable
opportunity to correct such failure, not to exceed 180 days
from the date of notice given under subsection (b)(2).
``(4) Supplemental contributions.--A collective bargaining
agreement may provide for supplemental contributions to the
legacy plan for a plan year in excess of the transition
contribution rate determined under paragraph (2), regardless of
whether the legacy plan is in endangered or critical status for
such plan year.
``(e) Nonapplication of Composite Plan Restrictions.--
``(1) In general.--The provisions of subsections (a), (b),
and (c) shall not apply with respect to a collective bargaining
agreement, to the extent the agreement, or a predecessor
agreement, provides or provided for contributions to a defined
benefit plan that is a legacy plan, as of the first day of the
first plan year following a plan year for which the plan
actuary certifies that the plan is fully funded, has been fully
funded for at least three out of the immediately preceding 5
plan years, and is projected to remain fully funded for at
least the following 4 plan years.
``(2) Determination of fully funded.--A plan is fully
funded for purposes of paragraph (1) if, as of the valuation
date of the plan for a plan year, the value of the plan's
assets equals or exceeds the present value of the plan's
liabilities, determined in accordance with the rules prescribed
by the Pension Benefit Guaranty Corporation under sections
4219(c)(1)(D) and 4281 of Employee Retirement Income and
Security Act for multiemployer plans terminating by mass
withdrawal, as in effect for the date of the determination,
except the plan's reasonable assumption regarding the starting
date of benefits may be used.
``(3) Other applicable rules.--Except as provided in
paragraph (2), actuarial determinations and projections under
this section shall be based on the rules in section 432(b)(3)
and section 438(b).
``SEC. 440B. MERGERS AND ASSET TRANSFERS OF COMPOSITE PLANS.
``(a) In General.--Assets and liabilities of a composite plan may
only be merged with, or transferred to, another plan if--
``(1) the other plan is a composite plan,
``(2) the plan or plans resulting from the merger or
transfer is a composite plan,
``(3) no participant's accrued benefit or adjustable
benefit is lower immediately after the transaction than it was
immediately before the transaction, and
``(4) the value of the assets transferred in the case of a
transfer reasonably reflects the value of the amounts
contributed with respect to the participants whose benefits are
being transferred, adjusted for allocable distributions,
investment gains and losses, and administrative expenses.
``(b) Legacy Plan.--
``(1) In general.--After a merger or transfer involving a
composite plan, the legacy plan with respect to an employer
that is obligated to contribute to the resulting composite plan
is the legacy plan that applied to that employer immediately
before the merger or transfer.
``(2) Multiple legacy plans.--If an employer is obligated
to contribute to more than one legacy plan with respect to
employees eligible to accrue benefits under more than one
composite plan and there is a merger or transfer of such legacy
plans, the transition contribution rate applicable to the
legacy plan resulting from the merger or transfer with respect
to that employer shall be determined in accordance with the
provisions of section 440A(d)(2)(B).''.
(2) Clerical amendment.--The table of subparts for part III
of subchapter D of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``subpart c. composite plans and legacy plans''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after the date of the enactment of this
Act.
SEC. 103. APPLICATION OF CERTAIN REQUIREMENTS TO COMPOSITE PLANS.
(a) Amendments to the Employee Retirement Income Security Act of
1974.--
(1) Treatment for purposes of funding notices.--Section
101(f) of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1021(f)) is amended--
(A) in paragraph (1) by striking ``title IV
applies'' and inserting ``title IV applies or which is
a composite plan''; and
(B) by adding at the end the following:
``(5) Application to composite plans.--The provisions of
this subsection shall apply to a composite plan only to the
extent prescribed by the Secretary in regulations that take
into account the differences between a composite plan and a
defined benefit plan that is a multiemployer plan.''.
(2) Treatment for purposes of annual report.--Section 103
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1023) is amended--
(A) in subsection (d) by adding at the end the
following sentence: ``The provisions of this subsection
shall apply to a composite plan only to the extent
prescribed by the Secretary in regulations that take
into account the differences between a composite plan
and a defined benefit plan that is a multiemployer
plan.'';
(B) in subsection (f) by adding at the end the
following:
``(3) Additional information for composite plans.--With
respect to any composite plan--
``(A) the provisions of paragraph (1)(A) shall
apply by substituting `current funded ratio and
projected funded ratio (as such terms are defined in
section 802(a)(2))' for `funded percentage' each place
it appears; and
``(B) the provisions of paragraph (2) shall apply
only to the extent prescribed by the Secretary in
regulations that take into account the differences
between a composite plan and a defined benefit plan
that is a multiemployer plan.''; and
(C) by adding at the end the following:
``(h) Composite Plans.--A multiemployer plan that incorporates the
features of a composite plan as provided in section 801(b) shall be
treated as a single plan for purposes of the report required by this
section, except that separate financial statements and actuarial
statements shall be provided under paragraphs (3) and (4) of subsection
(a) for the defined benefit plan component and for the composite plan
component of the multiemployer plan.''.
(3) Treatment for purposes of pension benefit statements.--
Section 105(a) of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1025(a)) is amended by adding at the end the
following:
``(4) Composite plans.--For purposes of this subsection, a
composite plan shall be treated as a defined benefit plan to
the extent prescribed by the Secretary in regulations that take
into account the differences between a composite plan and a
defined benefit plan that is a multiemployer plan.''.
(b) Amendments to the Internal Revenue Code of 1986.--Section 6058
of the Internal Revenue Code of 1986 is amended by redesignating
subsection (f) as subsection (g) and by inserting after subsection (e)
the following:
``(f) Composite Plans.--A multiemployer plan that incorporates the
features of a composite plan as provided in section 437(b) shall be
treated as a single plan for purposes of the return required by this
section, except that separate financial statements shall be provided
for the defined benefit plan component and for the composite plan
component of the multiemployer plan.''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after the date of the enactment of this
Act.
SEC. 104. TREATMENT OF COMPOSITE PLANS UNDER TITLE IV.
(a) Definition.--Section 4001(a) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1301(a)) is amended by striking the
period at the end of paragraph (21) and inserting a semicolon and by
adding at the end the following:
``(22) Composite plan.--The term `composite plan' has the
meaning set forth in section 801.''.
(b) Composite Plans Disregarded for Calculating Premiums.--Section
4006(a) of such Act (29 U.S.C. 1306(a)) is amended by adding at the end
the following:
``(9) The composite plan component of a multiemployer plan
shall be disregarded in determining the premiums due under this
section from the multiemployer plan.''.
(c) Composite Plans Not Covered.--Section 4021(b)(1) of such Act
(29 U.S.C. 1321(b)(1)) is amended by striking ``Act'' and inserting
``Act, or a composite plan, as defined in paragraph (43) of section 3
of this Act''.
(d) No Withdrawal Liability.--Section 4201 of such Act (29 U.S.C.
1381) is amended by adding at the end the following:
``(c) Contributions by an employer to the composite plan component
of a multiemployer plan shall not be taken into account for any purpose
under this title.''.
(e) No Withdrawal Liability for Certain Plans.--Section 4201 of
such Act (29 U.S.C. 1381) is further amended by adding at the end the
following:
``(d) Contributions by an employer to a multiemployer plan
described in the except clause of section 3(35) of this Act pursuant to
a collective bargaining agreement that specifically designates that
such contributions shall be allocated to the separate defined
contribution accounts of participants under the plan shall not be taken
into account with respect to the defined benefit portion of the plan
for any purpose under this title (including the determination of the
employer's highest contribution rate under section 4219), even if,
under the terms of the plan, participants have the option to transfer
assets in their separate defined contribution accounts to the defined
benefit portion of the plan in return for service credit under the
defined benefit portion, at rates established by the plan sponsor.
``(e) A legacy plan created under section 805 shall be deemed to
have no unfunded vested benefits for purposes of this part, for each
plan year following a period of 5 consecutive plan years for which--
``(1) the plan was fully funded within the meaning of
section 805 for at least 3 of the plan years during that
period, ending with a plan year for which the plan is fully
funded;
``(2) the plan had no unfunded vested benefits for at least
3 of the plan years during that period, ending with a plan year
for which the plan is fully funded; and
``(3) the plan is projected to be fully funded and to have
no unfunded vested benefits for the following four plan
years.''.
(f) No Withdrawal Liability for Employers Contributing to Certain
Fully Funded Legacy Plans.--Section 4211 of such Act (29 U.S.C. 1382)
is amended by adding at the end the following:
``(g) No amount of unfunded vested benefits shall be allocated to
an employer that has an obligation to contribute to a legacy plan
described in subsection (e) of section 4201 for each plan year for
which such subsection applies.''.
(g) No Obligation To Contribute.--Section 4212 of such Act (29
U.S.C. 1392) is amended by adding at the end the following:
``(d) No Obligation To Contribute.--An employer shall not be
treated as having an obligation to contribute to a multiemployer
defined benefit plan within the meaning of subsection (a) solely
because--
``(1) in the case of a multiemployer plan that includes a
composite plan component, the employer has an obligation to
contribute to the composite plan component of the plan;
``(2) the employer has an obligation to contribute to a
composite plan that is maintained pursuant to one or more
collective bargaining agreements under which the multiemployer
defined benefit plan is or previously was maintained; or
``(3) the employer contributes or has contributed under
section 805(d) to a legacy plan associated with a composite
plan pursuant to a collective bargaining agreement but
employees of that employer were not eligible to accrue benefits
under the legacy plan with respect to service with that
employer.''.
(h) No Inference.--Nothing in the amendment made by subsection (e)
shall be construed to create an inference with respect to the treatment
under title IV of the Employee Retirement Income Security Act of 1974,
as in effect before such amendment, of contributions by an employer to
a multiemployer plan described in the except clause of section 3(35) of
such Act that are made before the effective date of subsection (e)
specified in subsection (h)(2).
(i) Effective Date.--
(1) In general.--Except as provided in subparagraph (2),
the amendments made by this section shall apply to plan years
beginning after the date of the enactment of this Act.
(2) Special rule for section 414(k) multiemployer plans.--
The amendment made by subsection (e) shall apply only to
required contributions payable for plan years beginning after
the date of the enactment of this Act.
SEC. 105. CONFORMING CHANGES.
(a) Definitions.--Section 3 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002) is amended--
(1) in paragraph (35), by inserting ``or a composite plan''
after ``other than an individual account plan''; and
(2) by adding at the end the following:
``(43) The term `composite plan' has the meaning given the
term in section 801(a).''.
(b) Special Funding Rule for Certain Legacy Plans.--
(1) Amendment to employee retirement income security act of
1974.--Section 304(b) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1084(b)) is amended by adding
at the end the following:
``(9) Special funding rule for certain legacy plans.--In
the case of a multiemployer defined benefit plan that has
adopted an amendment under section 801(b), in accordance with
which no further benefits shall accrue under the multiemployer
defined benefit plan, the plan sponsor may combine the
outstanding balance of all charge and credit bases and amortize
that combined base in level annual installments (until fully
amortized) over a period of 25 plan years beginning with the
plan year following the date all benefit accruals ceased.''.
(2) Amendment to internal revenue code of 1986.--Section
431(b) of the Internal Revenue Code of 1986 is amended by
adding at the end the following:
``(9) Special funding rule for certain legacy plans.--In
the case of a multiemployer defined benefit plan that has
adopted an amendment under section 437(b), in accordance with
which no further benefits shall accrue under the multiemployer
defined benefit plan, the plan sponsor may combine the
outstanding balance of all charge and credit bases and amortize
that combined base in level annual installments (until fully
amortized) over a period of 25 plan years beginning with the
plan year following the date on which all benefit accruals
ceased.''.
(c) Benefits After Merger, Consolidation, or Transfer of Assets.--
(1) Amendment to employee retirement income security act of
1974.--Section 208 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1058) is amended--
(A) by striking so much of the first sentence as
precedes ``may not merge'' and inserting the following:
``(1) In general.--Except as provided in paragraph (2), a
pension plan may not merge, and''; and
(B) by striking the second sentence and adding at
the end the following:
``(2) Special requirements for multiemployer plans.--
Paragraph (1) shall not apply to any transaction to the extent
that participants either before or after the transaction are
covered under a multiemployer plan to which title IV of this
Act applies or a composite plan.''.
(2) Amendments to internal revenue code of 1986.--
(A) Qualification requirement.--Section 401(a)(12)
of the Internal Revenue Code of 1986 is amended--
(i) by striking ``(12) A trust'' and
inserting the following:
``(12) Benefits after merger, consolidation, or transfer of
assets.--
``(A) In general.--Except as provided in
subparagraph (B), a trust'';
(ii) by striking the second sentence; and
(iii) by adding at the end the following:
``(B) Special requirements for multiemployer
plans.--Subparagraph (A) shall not apply to any
multiemployer plan with respect to any transaction to
the extent that participants either before or after the
transaction are covered under a multiemployer plan to
which title IV of the Employee Retirement Income
Security Act of 1974 applies or a composite plan.''.
(B) Additional qualification requirement.--
Paragraph (1) of section 414(l) of such Code is
amended--
(i) by striking ``(1) In general'' and all
that follows through ``shall not constitute''
and inserting the following:
``(1) Benefit protections: merger, consolidation,
transfer.--
``(A) In general.--Except as provided in
subparagraph (B), a trust which forms a part of a plan
shall not constitute''; and
(ii) by striking the second sentence; and
(iii) by adding at the end the following:
``(B) Special requirements for multiemployer
plans.--Subparagraph (A) does not apply to any
multiemployer plan with respect to any transaction to
the extent that participants either before or after the
transaction are covered under a multiemployer plan to
which title IV of the Employee Retirement Income
Security Act of 1974 applies or a composite plan.''.
(d) Requirements for Status as a Qualified Plan.--
(1) Requirement that actuarial assumptions be specified.--
Section 401(a)(25) of the Internal Revenue Code of 1986 is
amended by inserting ``(in the case of a composite plan,
benefits objectively calculated pursuant to a formula)'' after
``definitely determinable benefits''.
(2) Missing participants in terminating composite plan.--
Section 401(a)(34) of the Internal Revenue Code of 1986 is
amended by striking ``, a trust'' and inserting ``or a
composite plan, a trust''.
(e) Deduction for Contributions to a Qualified Plan.--Section
404(a)(1) of the Internal Revenue Code of 1986 is amended by
redesignating subparagraph (E) as subparagraph (F) and by inserting
after subparagraph (D) the following:
``(E) Composite plans.--
``(i) In general.--In the case of a
composite plan, subparagraph (D) shall not
apply and the maximum amount deductible for a
plan year shall be the excess (if any) of--
``(I) 160 percent of the greater
of--
``(aa) the current
liability of the plan
determined in accordance with
the principles of section
431(c)(6)(D), or
``(bb) the present value of
plan liabilities as determined
under section 438, over
``(II) the fair market value of the
plan's assets, projected to the end of
the plan year.
``(ii) Special rules for predecessor
multiemployer plan to composite plan.--
``(I) In general.--Except as
provided in subclause (II), if an
employer contributes to a composite
plan with respect to its employees,
contributions by that employer to a
multiemployer defined benefit plan with
respect to some or all of the same
group of employees shall be deductible
under sections 162 and this section,
subject to the limits in subparagraph
(D).
``(II) Transition contribution.--
The full amount of a contribution to
satisfy the transition contribution
requirement (as defined in section
440A(d)) and allocated to the legacy
defined benefit plan for the plan year
shall be deductible for the employer's
taxable year ending with or within the
plan year.''.
(f) Minimum Vesting Standards.--
(1) Years of service under composite plans.--
(A) Employee retirement income security act of
1974.--Section 203 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1053) is amended by
inserting after subsection (f) the following:
``(g) Special Rules for Computing Years of Service Under Composite
Plans.--
``(1) In general.--In determining a qualified employee's
years of service under a composite plan for purposes of this
section, the employee's years of service under a legacy plan
shall be treated as years of service earned under the composite
plan. For purposes of such determination, a composite plan
shall not be treated as a defined benefit plan pursuant to
section 801(d).
``(2) Qualified employee.--For purposes of this subsection,
an employee is a qualified employee if the employee first
completes an hour of service under the composite plan
(determined without regard to the provisions of this
subsection) within the 12-month period immediately preceding or
the 24-month period immediately following the date the employee
ceased to accrue benefits under the legacy plan.
``(3) Certification of years of service.--For purposes of
paragraph (1), the plan sponsor of the composite plan shall
rely on a written certification by the plan sponsor of the
legacy plan of the years of service the qualified employee
completed under the defined benefit plan as of the date the
employee satisfies the requirements of paragraph (2),
disregarding any years of service that had been forfeited under
the rules of the defined benefit plan before that date.
``(h) Special Rules for Computing Years of Service Under Legacy
Plans.--
``(1) In general.--In determining a qualified employee's
years of service under a legacy plan for purposes of this
section, and in addition to any service under applicable
regulations, the employee's years of service under a composite
plan shall be treated as years of service earned under the
legacy plan. For purposes of such determination, a composite
plan shall not be treated as a defined benefit plan pursuant to
section 801(d).
``(2) Qualified employee.--For purposes of this subsection,
an employee is a qualified employee if the employee first
completes an hour of service under the composite plan
(determined without regard to the provisions of this
subsection) within the 12-month period immediately preceding or
the 24-month period immediately following the date the employee
ceased to accrue benefits under the legacy plan.
``(3) Certification of years of service.--For purposes of
paragraph (1), the plan sponsor of the legacy plan shall rely
on a written certification by the plan sponsor of the composite
plan of the years of service the qualified employee completed
under the composite plan after the employee satisfies the
requirements of paragraph (2), disregarding any years of
service that has been forfeited under the rules of the
composite plan.''.
(B) Internal revenue code of 1986.--Section 411(a)
of the Internal Revenue Code of 1986 is amended by
adding at the end the following:
``(14) Special rules for determining years of service under
composite plans.--
``(A) In general.--In determining a qualified
employee's years of service under a composite plan for
purposes of this subsection, the employee's years of
service under a legacy plan shall be treated as years
of service earned under the composite plan. For
purposes of such determination, a composite plan shall
not be treated as a defined benefit plan pursuant to
section 437(d).
``(B) Qualified employee.--For purposes of this
paragraph, an employee is a qualified employee if the
employee first completes an hour of service under the
composite plan (determined without regard to the
provisions of this paragraph) within the 12-month
period immediately preceding or the 24-month period
immediately following the date the employee ceased to
accrue benefits under the legacy plan.
``(C) Certification of years of service.--For
purposes of subparagraph (A), the plan sponsor of the
composite plan shall rely on a written certification by
the plan sponsor of the legacy plan of the years of
service the qualified employee completed under the
legacy plan as of the date the employee satisfies the
requirements of subparagraph (B), disregarding any
years of service that had been forfeited under the
rules of the defined benefit plan before that date.
``(15) Special rules for computing years of service under
legacy plans.--
``(A) In general.--In determining a qualified
employee's years of service under a legacy plan for
purposes of this section, and in addition to any
service under applicable regulations, the employee's
years of service under a composite plan shall be
treated as years of service earned under the legacy
plan. For purposes of such determination, a composite
plan shall not be treated as a defined benefit plan
pursuant to section 437(d).
``(B) Qualified employee.--For purposes of this
paragraph, an employee is a qualified employee if the
employee first completes an hour of service under the
composite plan (determined without regard to the
provisions of this paragraph) within the 12-month
period immediately preceding or the 24-month period
immediately following the date the employee ceased to
accrue benefits under the legacy plan.
``(C) Certification of years of service.--For
purposes of subparagraph (A), the plan sponsor of the
legacy plan shall rely on a written certification by
the plan sponsor of the composite plan of the years of
service the qualified employee completed under the
composite plan after the employee satisfies the
requirements of subparagraph (B), disregarding any
years of service that has been forfeited under the
rules of the composite plan.''.
(2) Reduction of benefits.--
(A) Employee retirement income security act of
1974.--Section 203(a)(3)(E)(ii) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1053(a)(3)(E)(ii)) is amended--
(i) in subclause (I) by striking ``4244A''
and inserting ``305(e), 803,''; and
(ii) in subclause (II) by striking ``4245''
and inserting ``305(e), 4245,''.
(B) Internal revenue code of 1986.--Section
411(a)(3)(F) of the Internal Revenue Code of 1986 is
amended--
(i) in clause (i) by striking ``section
418D or under section 4281 of the Employee
Retirement Income Security Act of 1974'' and
inserting ``section 432(e) or 439 or under
section 4281 of the Employee Retirement Income
Security Act of 1974''; and
(ii) in clause (ii) by inserting ``or
432(e)'' after ``section 418E''.
(3) Accrued benefit requirements.--
(A) Employee retirement income security act of
1974.--Section 204(b)(1)(B)(i) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1054(b)(1)(B)(i)) is amended by inserting ``, including
an amendment reducing or suspending benefits under
section 305(e), 803, 4245 or 4281,'' after ``any
amendment to the plan''.
(B) Internal revenue code of 1986.--Section
411(b)(1)(B)(i) of the Internal Revenue Code of 1986 is
amended by inserting ``, including an amendment
reducing or suspending benefits under section 418E,
432(e), or 439, or under section 4281 of the Employee
Retirement Income Security Act of 1974,'' after ``any
amendment to the plan''.
(4) Additional accrued benefit requirements.--
(A) Employee retirement income security act of
1974.--Section 204(b)(1)(H)(v) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1053(b)(1)(H)(v)) is amended by inserting before the
period at the end the following: ``, or benefits are
reduced or suspended under section 305(e), 803, 4245,
or 4281''.
(B) Internal revenue code of 1986.--Section
411(b)(1)(H)(iv) of the Internal Revenue Code of 1986
is amended--
(i) in the heading by striking ``benefit''
and inserting ``benefit and the suspension and
reduction of certain benefits''; and
(ii) in the text by inserting before the
period at the end the following: ``, or
benefits are reduced or suspended under section
418E, 432(e), or 439, or under section 4281 of
the Employee Retirement Income Security Act of
1974''.
(5) Accrued benefit not to be decreased by amendment.--
(A) Employee retirement income security act of
1974.--Section 204(g)(1) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1053(g)(1)) is
amended by inserting after ``302(d)(2)'' the following:
``, 305(e), 803, 4245,''.
(B) Internal revenue code of 1986.--Section
411(d)(6)(A) of the Internal Revenue Code of 1986 is
amended by inserting after ``412(d)(2),'' the
following: ``418E, 432(e), or 439,''.
(g) Certain Funding Rules Not Applicable.--
(1) Employee retirement income security act of 1974.--
Section 305 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1085) is amended by adding at the end the
following:
``(k) Legacy Plans.--Sections 302, 304, and 305 shall not apply to
an employer that has an obligation to contribute to a plan that is a
legacy plan within the meaning of section 805(a) solely because the
employer has an obligation to contribute to a composite plan described
in section 801 that is associated with that legacy plan.''.
(2) Internal revenue code of 1986.--Section 432 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following:
``(k) Legacy Plans.--Sections 412, 431, and 432 shall not apply to
an employer that has an obligation to contribute to a plan that is a
legacy plan within the meaning of section 440A(a) solely because the
employer has an obligation to contribute to a composite plan described
in section 437 that is associated with that legacy plan.''.
(h) Termination of Composite Plan.--Section 403(d) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1103(d) is amended--
(1) in paragraph (1), by striking ``regulations of the
Secretary.'' and inserting ``regulations of the Secretary, or
as provided in paragraph (3).''; and
(2) by adding at the end the following:
``(3) Section 4044(a) of this Act shall be applied in the
case of the termination of a composite plan by--
``(A) limiting the benefits subject to paragraph
(3) thereof to benefits as defined in section
802(b)(3)(B); and
``(B) including in the benefits subject to
paragraph (4) all other benefits (if any) of
individuals under the plan that would be guaranteed
under section 4022A if the plan were subject to title
IV.''.
(i) Good Faith Compliance Prior to Guidance.--Where the
implementation of any provision of law added or amended by this
division is subject to issuance of regulations by the Secretary of
Labor, the Secretary of the Treasury, or the Pension Benefit Guaranty
Corporation, a multiemployer plan shall not be treated as failing to
meet the requirements of any such provision prior to the issuance of
final regulations or other guidance to carry out such provision if such
plan is operated in accordance with a reasonable, good faith
interpretation of such provision.
SEC. 106. EFFECTIVE DATE.
Unless otherwise specified, the amendments made by this division
shall apply to plan years beginning after the date of the enactment of
this Act.
DIVISION W--OTHER MATTERS
SEC. 240001. SMALL BUSINESS DEBTOR REORGANIZATION.
(a) In General.--Section 1182(1) of title 11, United States Code,
is amended to read as follows:
``(1) Debtor.--The term `debtor'--
``(A) subject to subparagraph (B), means a person
engaged in commercial or business activities (including
any affiliate of such person that is also a debtor
under this title and excluding a person whose primary
activity is the business of owning single asset real
estate) that has aggregate noncontingent liquidated
secured and unsecured debts as of the date of the
filing of the petition or the date of the order for
relief in an amount not more than $7,500,000 (excluding
debts owed to 1 or more affiliates or insiders) not
less than 50 percent of which arose from the commercial
or business activities of the debtor; and
``(B) does not include--
``(i) any member of a group of affiliated
debtors that has aggregate noncontingent
liquidated secured 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).''.
(b) 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)''.
(c) Application of Amendment.--The amendment made by subsection (a)
shall apply only with respect to cases commenced under title 11, United
States Code, on or after the date of enactment of this Act.
(d) Technical Corrections.--
(1) 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)).''.
(2) Unclaimed property.--Section 347(b) of title 11, United
States Code, is amended by striking ``1194'' and inserting
``1191''.
(e) Sunset.--On the date that is 1 year after the date of enactment
of this Act, section 1182(1) of title 11, United States Code, is
amended to read as follows:
``(1) Debtor.--The term `debtor' means a small business
debtor.''.
SEC. 240002. BANKRUPTCY RELIEF.
(a) In General.--
(1) Exclusion from current monthly income.--Section
101(10A)(B)(ii) of title 11, United States Code, is amended--
(A) in subclause (III), by striking ``; and'' and
inserting a semicolon;
(B) in subclause (IV), by striking the period at
the end and inserting ``; and''; and
(C) 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).''.
(2) 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''.
(3) Modification of plan after confirmation.--Section 1329
of title 11, United States Code, is amended by adding at end
the following:
``(d)(1) Subject to paragraph (3), for a plan confirmed prior to
the date of enactment of this subsection, the plan may be modified upon
the request of the debtor if--
``(A) the debtor is experiencing or has experienced
a material financial hardship due, directly or
indirectly, to the coronavirus disease 2019 (COVID-19)
pandemic; and
``(B) the modification is approved after notice and
a hearing.
``(2) A plan modified under paragraph (1) may not provide
for payments over a period that expires more than 7 years after
the time that the first payment under the original confirmed
plan was due.
``(3) Sections 1322(a), 1322(b), 1323(c), and the
requirements of section 1325(a) shall apply to any modification
under paragraph (1).''.
(4) Applicability.--
(A) The amendments made by paragraphs (1) and (2)
shall apply to any case commenced before, on, or after
the date of enactment of this Act.
(B) The amendment made by paragraph (3) 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.
(b) Sunset.--
(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 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).
(B) 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),''.
(C) Modification of plan after confirmation.--
Section 1329 of title 11, United States Code, is
amended by striking subsection (d).
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date that is 1 year after the date of
enactment of this Act.
DIVISION X--OTHER MATTERS
SEC. 199991. HOME ENERGY AND WATER SERVICE CONTINUITY.
Any entity receiving financial assistance pursuant to the Take
Responsibility for Workers and Families Act shall, to the maximum
extent practicable, establish or maintain in effect policies to ensure
that no home energy service or public water system service to an
individual or household, which is provided or regulated by such entity,
is disconnected or interrupted during the emergency period described in
section 1135(g)(1)(B) of the Social Security Act. For purposes of this
section, the term ``home energy service'' means a service to provide
home energy, as such term is defined in section 2604 of the Low-Income
Home Energy Assistance Act of 1981, and electric service, as that term
is used in the Public Utility Regulatory Policies Act of 1978, and the
term ``public water system'' has the meaning given that term in section
1401 of the Safe Drinking Water Act. Nothing in this section shall be
construed to require forgiveness of outstanding debt owed to an entity
or to absolve an individual of any obligation to an entity for service.
SEC. 199992. LOW-INCOME HOUSEHOLD DRINKING WATER AND WASTEWATER
ASSISTANCE.
(a) Authorization of Appropriations.--There is authorized to be
appropriated $1,500,000,000 to the Secretary to carry out this section.
Such sums shall remain available until expended.
(b) Low-Income Household Drinking Water and Wastewater
Assistance.--The Secretary shall make grants to States and Indian
Tribes to assist low-income households, particularly those with the
lowest incomes, that pay a high proportion of household income for
drinking water and wastewater services.
(c) Use of LIHEAP Resources.--In carrying out this section, the
Secretary, States, and Indian Tribes, as applicable, shall use the
existing processes, procedures, policies, and systems in place to carry
out the Low-Income Home Energy Assistance Act of 1981, as the Secretary
determines appropriate, including by using the application and approval
process under such Act to the maximum extent practicable.
(d) Allotment.--
(1) Factors.--The Secretary shall allot amounts
appropriated pursuant to this section to a State or Indian
Tribe taking into account--
(A) the percentage of households in the State, or
under the jurisdiction of the Indian Tribe, that are
low-income, as determined by the Secretary;
(B) the average State or Tribal drinking water and
wastewater service rates; and
(C) the extent to which the State or Indian Tribe
has been impacted by the public health emergency.
(2) Notification to congress.--Not later than 15 days after
determining an amount to allot to each State or Indian Tribe
pursuant to paragraph (1), and prior to making grants under
this section, the Secretary shall notify Congress of such
allotment amounts.
(e) Determination of Low-Income Households.--
(1) Minimum definition of low-income.--In determining
whether a household is considered low-income for the purposes
of this section, a State or Indian Tribe shall--
(A) ensure that, at a minimum, all households
within 150 percent of the Federal poverty line are
included as low-income households; and
(B) consider households that have not previously
received assistance under the Low-Income Home Energy
Assistance Act of 1981 in the same manner as households
that have previously received such assistance.
(2) Household documentation requirements.--States and
Indian Tribes shall--
(A) to the maximum extent practicable, seek to
limit the income history documentation requirements for
determining whether a household is considered low-
income for the purposes of this section; and
(B) for the purposes of income eligibility, accept
proof of job loss or severe income loss dated after
February 29, 2020, such as a layoff or furlough notice
or verification of application of unemployment
benefits, as sufficient to demonstrate lack of income
for an individual or household.
(f) Applications.--Each State or Indian Tribe desiring to receive a
grant under this section shall submit an application to the Secretary,
in such form as the Secretary shall require.
(g) State Agreements With Drinking Water and Wastewater
Providers.--To the maximum extent practicable, a State that receives a
grant under this section shall enter into agreements with community
water systems, private utilities, municipalities, nonprofit
organizations associated with providing drinking water, wastewater, and
other social services to rural and small communities, and Indian
Tribes, to assist in identifying low-income households and to carry out
this section.
(h) Administrative Costs.--A State or Indian Tribe that receives a
grant under this section may use up to 15 percent of the granted
amounts for administrative costs.
(i) Federal Agency Coordination.--In carrying out this section, the
Secretary shall coordinate with the Administrator of the Environmental
Protection Agency and consult with other Federal agencies with
authority over the provision of drinking water and wastewater services.
(j) Audits.--The Secretary shall require each State and Indian
Tribe receiving a grant under this section to undertake periodic audits
and evaluations of expenditures made by such State or Indian Tribe
pursuant to this section.
(k) Reports to Congress.--The Secretary shall submit to Congress a
report on the results of activities carried out pursuant to this
section--
(1) not later than 1 year after the date of enactment of
this section; and
(2) upon disbursement of all funds appropriated pursuant to
this section.
(l) Definitions.--In this section:
(1) Community water system.--The term ``community water
system'' has the meaning given such term in section 1401 of the
Safe Drinking Water Act (42 U.S.C. 300f).
(2) Indian tribe.--The term ``Indian Tribe'' means any
Indian Tribe, band, group, or community recognized by the
Secretary of the Interior and exercising governmental authority
over a Federal Indian reservation.
(3) Municipality.--The term ``municipality'' has the
meaning given such term in section 502 of the Federal Water
Pollution Control Act (33 U.S.C. 1362).
(4) Public health emergency.--The term ``public health
emergency'' means the public health emergency described in
section 1135(g)(1)(B) of the Social Security Act.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(6) State.--The term ``State'' means a State, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands of the United States, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
SEC. 199993. DELAY OF STRATEGIC PETROLEUM RESERVE SALE.
(a) Bipartisan Budget Act of 2015.--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) Further Consolidated Appropriations Act, 2020.--Title III of
division C of the Further Consolidated Appropriations Act, 2020 (Public
Law 116-94) is amended in the matter under the heading ``Department of
Energy--Energy Programs--Strategic Petroleum Reserve'' by striking
``Provided, That'' and all that follows through the period at the end
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.''.
SEC. 199994. 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''.
SEC. 199995. PROVIDING BUREAU OF THE CENSUS ACCESS TO INSTITUTIONS OF
HIGHER EDUCATION.
(a) In General.--Notwithstanding any other provision of law,
including section 444 of the General Education Provisions Act (commonly
known as the ``Family Educational Rights and Privacy Act of 1974''), an
institution of higher education may, in furtherance of a full and
accurate decennial census of population count, provide to the Bureau of
the Census information requested by the Bureau for purposes of
enumeration for the 2020 decennial Census.
(b) Application.--
(1) Information.--Only information requested on the
official 2020 decennial census of population form may be
provided to the Bureau of the Census pursuant to this section.
No institution of higher education may provide any information
to the Bureau on the immigration or citizenship status of any
individual.
(2) Group quarters.--Only students who, according to
guidance from the Bureau, are living in group quarters may be
included in the data provided to the Bureau under this section.
(3) Notice required.--Before information can be provided to
the Bureau, the institution of higher education shall give
public notice of the categories of information which it plans
to provide and shall allow 10 days after such notice has been
given for a parent or student to inform the institution that
any or all of the information designated should not be released
without the parent or student's prior consent. No institution
of higher education shall provide the Bureau with the
information of any individual who has objected or whose legal
guardian has objected to the provision of such information.
(4) Use of information.--Information provided to the Bureau
pursuant to this section may only be used for the purposes of
enumeration for the 2020 decennial census of population.
(c) Sunset.--The authority provided in this section shall expire on
December 31, 2020.
(d) Definitions.--In this section:
(1) Group quarters.--The term ``group quarters'' means
housing units owned or operated by an institution of higher
education.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
SEC. 199996. TEMPORARY FISCAL RELIEF FOR STATES AND LOCALITIES.
(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--TEMPORARY FISCAL RELIEF FOR STATES AND LOCALITIES
``SEC. 601. TEMPORARY FISCAL RELIEF FOR STATES AND LOCALITIES.
``(a) Appropriation.--
``(1) In general.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated for fiscal year 2020, $200,000,000,000 for making
payments to States, Indian Tribes, and units of local
government under this section.
``(2) Reservation of funds.--Of the amount appropriated
under paragraph (10, the Secretary shall reserve--
``(A) $1,000,000,000 of such amount for making
payments to the United States Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, or
American Samoa; and
``(B) $10,000,000,000 of such amount for making
payments to Indian Tribes.
``(b) Payments.--
``(1) In general.--Subject to paragraph (2), from the
amount appropriated under paragraph (1) of subsection (a) for
fiscal year 2020 which remains after the application of
paragraph (2) of that subsection, the Secretary shall, not
later than the later of the date that is 15 days after the date
of enactment of this section or the date that a State or Indian
Tribe provides the certification required by subsection (f) for
fiscal year 2020, pay each State or Indian Tribe the amount
determined for the State or Indian Tribe for fiscal year 2020
under subsection (c).
``(2) Direct payments to units of local government.--The
Secretary shall establish a process under which, not later than
15 days after the date of enactment of this section, a unit of
local government located in a State for which the amount of the
payment determined for the State under subsection (c) for
fiscal year 2020 exceeds the minimum payment amount under
paragraph (2) of that subsection, may submit the certification
required by subsection (f) to the Secretary and be paid
directly the amount determined for such unit of local
government under subsection (c).
``(c) Determination of Payment Amounts.--
``(1) States.--Subject to the succeeding paragraphs of this
subsection, the amount paid to a State other than a State that
is a territory specified in subsection (a)(2)(A) under this
section for fiscal year 2020 shall be the amount equal to the
relative population proportion amount described in paragraph
(4) for such fiscal year.
``(2) State minimum payment.--No State that is 1 of the 50
States, the District of Columbia, or the Commonwealth of Puerto
Rico, shall receive a payment under this section for fiscal
year 2020 that is less than, $2,500,000,000.
``(3) Direct payments to units of local government.--If a
unit of local government of a State submits the certification
required by subsection (f) for purposes of receiving a direct
payment from the Secretary under subsection (b)(2), the
Secretary shall reduce the amount determined for a State under
paragraph (1) or (2) (as applicable) by the relative unit of
local government population proportion (as defined in paragraph
(6)).
``(4) Relative population proportion amount.--The relative
population proportion amount described in this paragraph is the
product of--
``(A) the amount appropriated under paragraph (1)
of subsection (a) for fiscal year 2020 which remains
after the application of paragraph (2) of that
subsection; and
``(B) the relative State population proportion (as
defined in paragraph (5)).
``(5) Relative state population proportion defined.--For
purposes of paragraph (4)(B), the term `relative State
population proportion' means, with respect to a State, the
amount equal to the quotient of--
``(A) the population of the State; and
``(B) the total population of all States.
``(6) Relative unit of local government population
proportion defined.--For purposes of paragraph (3), the term
`relative unit of local government population proportion'
means, with respect to a unit of local government, the amount
equal to the quotient of--
``(A) the population of the unit of local
government; and
``(B) the total population of the State in which
the unit of local government is located.
``(7) Certain territories.--The amount paid to a State that
is a territory specified in subsection (a)(2)(A) under this
section for fiscal year 2020, shall be the amount equal to the
product of the amount set aside under subsection (a)(2)(A) for
such fiscal year and each such territory's share of the total
population among all such territories, as determined by the
Secretary.
``(8) Indian tribes.--From the amount set aside under
subsection (a)(2)(B) for fiscal year 2020, the Secretary shall
determine and pay an amount to each Indian Tribe that submits
the certification required under subsection (f) for fiscal year
2020 based on lost revenues of each such Indian Tribe (or a
tribally-owned entity of such Tribe) relative to revenues
received in the aggregate in fiscal year 2019 by the Indian
Tribe (tribally-owned entity), and in such manner as the
Secretary determines appropriate to ensure that all amounts
available under such subsection for fiscal year 2020 are
distributed to eligible Indian Tribes.
``(9) Pro rate adjustments.--The Secretary shall adjust on
a pro rat basis the amount of the payments determined under
this subsection without regard to this paragraph to the extent
necessary to comply with the requirements of this subsection.
``(10) Data.--For purposes of this section, the Secretary
shall determine the population of a State or unit of local
government based on the most recent year for which data are
available from the Bureau of the Census.
``(d) Payments Made in Two Parts.--The Secretary shall pay the
amounts determined under subsection (c) for States, territories
specified in subsection (a)(2)(A), and Indian Tribes (and if
applicable, local units of government) as follows:
``(1) The Secretary shall make initial payments in
accordance with the deadlines specified in subsection (b)
consisting of--
``(A) in the case of a State for which the amount
of payment is determined under paragraph (1) or (2) of
subsection (c), 50 percent of the amount determined for
the State under paragraph (1) of that subsection
(taking into account payments to units of local
government, if applicable, under subsections (b)(2) and
(c)(3)) or 100 percent of the payment amount specified
in paragraph (2) of that subsection, whichever is
greater; and
``(B) in the case of a territory specified in
subsection (a)(2)(A) or an Indian Tribe 100 percent of
the amount determined for such territory or Indian
Tribe under paragraph (7) or (8), respectively, of
subsection (c).
``(2) In the case of a State for which the initial payment
is 50 percent of the amount determined for the State under
subsection (c)(1), the Secretary shall pay the State the
remaining 50 percent of such amount on the earlier of--
``(A) the 1st day of the month succeeding the first
month that beings after the date of enactment of this
section for which the national employment-to-population
ratio is below 60 percent or the seasonally adjusted
national unemployment rate (U-3) determined by the
Bureau of Labor Statistics of the Department of Labor
for the applicable calendar month as initially reported
and prior to any subsequent revisions (rounded to the
nearest tenth of a percentage point) exceeds 5.0
percent; or
``(B) July 1, 2020.
A unit of local government for which a direct payment may be
made under subsections (b)(2) and (c)(3) shall be paid at the
same time and in the percentages as the State in which such
government is located.
``(e) Use of Funds.--
``(1) In general.--Subject to paragraphs (2) and (3), a
State, Indian Tribe, or unit of local government shall use the
funds provided under a payment made under this section to cover
only those costs of the State, Indian Tribe, or unite of local
government, such as costs to administer and provide benefits
under State unemployment insurance law, that are attributable
to the public health emergency with respect to the Coronavirus
Disease 2019 (COVID-19) that were not accounted for in the
budget most recently approved as of the date of enactment of
this section for the State, Indian Tribe, or unit of local
government and that were incurred during the period that begins
on March 1, 2020, and ends on February 28, 2021.
``(2) Exception.--Nothwithstanding paragraph (1), a State,
Indian Tribe, or unit of local government may use funds
provided under a payment made under this section for costs
attributable to the public health emergency with respect to the
Coronavirus Disease 2019 (COVID-19) or to provide essential
government services accounted for in the budget most recently
approved as of the date of enactment of this section for the
State, Indian Tribe, or unit of local government that, without
the use of such funds, the State, Indian Tribe, or unit of
local government would be unable to provide because of
decreased or delayed revenues during the period described in
paragraph (1).
``(3) Limitations.--A State, Indian Tribe, or unit of local
government may not use funds provided under a payment made
under this section to--
``(A) supplant expenditures permitted under the
most recently approved budget for the State, Indian
Tribe, or unit of local government for which the State,
Indian Tribe, or unit of local government has funds
immediately available; or
``(B) provide any kind of tax cut, rebate,
deduction, credit, or any other tax benefit, or to
reduce or eliminate any other fee imposed by the State,
Indian Tribe, or unit of local government, during the
period described in paragraph (1).
``(f) Certification.--In order to receive a payment under this
section for a fiscal year, a State, Indian Tribe, or unit of local
government shall provide the Secretary with a certification signed by
the Governor of the State or the Chief Executive for the Indian Tribe
or unit of local government that the State's, Indian Tribe's, or unit
of local government's proposed uses of the funds are consistent with
subsection (e).
``(g) Recoupment.--If the Comptroller General of the United States
determines that a State, Indian Tribe, or unit of local government has
failed to comply with subparagraph (B) of subsection (e)(3), the
Secretary shall establish a process for recouping from the State,
Indian Tribe, or unit of local government an amount equal to the amount
of funds used in violation of such subparagraph. Amounts recovered by
the Secretary under this subsection shall be used as follows:
``(1) 65 percent of such amounts shall be transferred or
credited to the Housing Trust Fund established under section
1338 of the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4568); and
``(2) 35 percent of such amounts shall be transferred or
credited to the Capital Magnet Fund established under section
1339 of the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4569).
``(h) 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) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``(3) 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.
``(4) Unit of 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.
``(i) Emergency Designation.--
``(1) In general.--The amounts provided by this section 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)).
``(2) Designation in senate.--In the Senate, this section
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.''.
SEC. 199997. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of division
B and each succeeding 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 division B
and each succeeding 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)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of division B and
each succeeding division shall not be estimated--
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
SEC. 199998. AIRCRAFT GREENHOUSE GAS EMISSION STANDARDS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall promulgate final regulations establishing
emission standards for emissions of greenhouse gases from both new and
in-service aircraft pursuant to section 231 of the Clean Air Act (42
U.S.C. 7571).
(b) Soliciting Comments.--In proposing such regulations, the
Administrator of the Environmental Protection Agency shall solicit
comments on--
(1) the minimum greenhouse gas emission standards
established by the International Civil Aviation Organization;
and
(2) relative to such minimum standards, greenhouse gas
emission standards that would achieve greater reductions in
greenhouse gas emissions.
DIVISION Y--ADDITIONAL OTHER MATTERS
SEC. 101. EMERGENCY RELIEF THROUGH LOANS AND LOAN GUARANTEES.
(a) In General.--Notwithstanding any other provision of law, to
provide liquidity related to losses incurred as a direct result of
coronavirus, the Secretary is authorized to make loans, loan
guarantees, and other investments in support of eligible businesses
(including women-owned, minority-owned, veteran-owned and rural
businesses, and mortgage servicers), States, any bi-State agency, the
District of Columbia, territories, municipalities, and federally
recognized Tribes that do not, in the aggregate, exceed
$250,000,000,000 and provide the subsidy amounts necessary for such
loans and loan guarantees in accordance with the provisions of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
(c) Loans and Loan Guarantees.--
(1) In general.--The Secretary shall review and decide on
applications for loans and loan guarantees under this section
and may enter into agreements to make or guarantee loans to one
or more obligors if the Secretary determines, in the
Secretary's discretion, that--
(A) the obligor is a eligible business for which
credit is not reasonably available at the time of the
transaction;
(B) the intended obligation by the obligor is
prudently incurred; and
(C) the loan is sufficiently secured.
(2) Terms and limitations.--
(A) Forms; terms and conditions.--Subject to
section 407 of division I of this Act, a loan or loan
guarantee shall be issued under this section in such
form and on such terms and conditions and contain such
covenants, representatives, 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 not
less than a rate determined by the Secretary taking
into consideration the current average yield on
outstanding marketable obligations of the United States
of comparable maturity.
(B) Procedures.--As soon as practicable, but in no
case later than 10 days after the date of enactment of
this Act, the Secretary shall publish procedures for
application and minimum requirements, which may be
supplemented by the Secretary in the Secretary's
discretion, for the making of loans and loan guarantees
under this section.
(3) Federal reserve programs or facilities.--
(A) Terms and conditions.--
(i) In general.--The Secretary may make a
loan, loan guarantee, or other investment under
this section as part of a program or facility
established by the Board of Governors of the
Federal Reserve System for the purpose of
providing liquidity to the financial system
that purchases obligations or other interests
directly from issuers of such obligations or
other interests only to the extent required
under a contractual obligation in effect as of
the date of enactment of this Act, the issuer
of such obligations or interests agrees not to
repurchase any outstanding equity interests
while the loan, loan guarantee, or other
interest under this section is outstanding.
(ii) Programs and facilities authorized
under this act.--Programs and facilities
described under clause (i) include those
established by the Board of Governors pursuant
to the authority provided under section 105(h),
110(g), 201, or 203.
(B) Loan forgiveness.--The principal amount of any
obligation issued by an eligible business, State, the
District of Columbia, territory, or municipality that
is acquired under a program or facility under this
section shall not be reduced through loan forgiveness.
(C) Federal reserve act 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 obligation or
other interest issued by an eligible business, State,
the District of Columbia, territory, or municipality
that is acquired under a program or facility under this
section.
(d) Addressing Persistent Poverty in Counties.--In carrying out the
authorities provided by this section, the Secretary shall, to the
greatest extent possible, ensure that at least 10 percent of the loans,
loan guarantees, and other investments provided under this sections are
used to support counties with a poverty rate of at least 20 percent
over the last 30 years. The Secretary is also authorized to provide
technical assistance to such countries to encourage participation in
the program.
(e) Financial Protection of Government.--
(1) In general.--To the extent feasible and practicable,
the Secretary shall ensure that the Federal Government is
compensated for the risk assumed in making loans and loan
guarantees under this section.
(2) Government participation in gains.--If an eligible
business receives a loan or loan guarantee from the Federal
Government under this section, subject to Section 408 of
Division I, the Secretary shall enter into contracts under
which the Federal Government, contingent on the financial
success of the eligible business, would participate in the
gains of the eligible business or its security holders through
the use of such instruments as warrants, stock options, common
or preferred stock, or other appropriate equity instruments.
(f) Deposit of Proceeds.--Amounts collected by the Secretary under
this section, including the proceeds of investments, earnings, and
interest collected, shall be deposited in the Treasury as miscellaneous
receipts.
(g) Administrative Expenses.--Notwithstanding any other provision
of law, the Secretary may use $100,000,000 of the funds made available
under this section to pay costs and administrative expenses associated
with the provision of direct loans or guarantees authorized under this
section.
(h) Transparency of Financial Assistance.--The Secretary shall
provide a weekly report to the Congress, including the House Committee
on Financial Services and the Senate Committee on Banking, Housing, and
Urban Affairs, providing a detailed description of the status of the
implementation of this section, including providing a list of
recipients and amounts of any loan, loan guarantee, or investment. The
Secretary shall make each report immediately available to the public.
(i) Certification of the Secretary.--The Secretary shall certify to
Congress in the report described in subsection (h) that any corporation
that receives aid pursuant to this section does not provide a direct
financial benefit to the President of the United States or to any
company in which the President owns a controlling interest.
(j) Conforming Amendment.--Section 5302(a)(1) of title 31, United
States Code, is amended--
(1) by striking ``and'' before ``section 3''; and
(2) by inserting ``Financial Protections and Assistance for
America's Consumers, States, Businesses, and Vulnerable
Populations Act,'' before ``and for investing''.
SEC. 102. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION.
(a) In General.--The Secretary may only enter into a loan or loan
agreement under section 101(a) of this division with an eligible
business after the eligible business enters into a legally binding
agreement with the Secretary that, during the period beginning March 1,
2020, and ending March 1, 2022 or the termination of the loan or loan
agreement under section 101(a) of this division, which is later, no
officer or employee of the eligible business--
(1) will receive from the eligible business total
compensation which exceeds $425,000, during any 12 consecutive
months of such period; and
(2) will receive from the eligible business severance pay
or other benefits upon termination of employment with the
eligible business which exceeds twice the compensation
described in paragraph (1).
(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.
SEC. 103. REQUIREMENT TO PROVIDE EMPLOYEE HEALTH INSURANCE BENEFITS.
(a) In General.--The Secretary may not provide any loans or loan
guarantees under paragraph (1), (2), or (3) of section 4101(b) to an
eligible business, unless the eligible business certifies that the
eligible business currently provides, or will provide within 60 days
from receipt of the loan or loan guarantee, and any contractor,
subcontractor, or affiliate of the eligible business, currently
provides, or will provide within 60 days from receipt of the loan or
loan guarantee, to any employee based in the United States, health
insurance benefits equal to or greater than the hourly health and
welfare fringe benefit rate published by the Department of Labor
pursuant to the McNamara-O'Hara Service Contract Act of 1965 (41 U.S.C.
6710-6707) and section 4.52 of title 28, Code of Federal Regulations,
for all hours worked by each employee, and shall continue to do so for
at least the 5-year period after any loan or loan guarantee provided to
the eligible business under this subtitle ends.
SEC. 104. PROHIBITION ON OUTSOURCING AND REQUIREMENT FOR ON-SHORING.
(a) In General.--The Secretary may not provide any loan, or enter
into a loan guarantee to an eligible business under of section 4101(b)
unless the eligible business enters into a legally binding agreement
with the Secretary that during the 5-year period beginning on the date
on which the eligible business receives the funds or, in the case of a
loan, during the period of the loan and for 5 years after that period,
the eligible business shall--
(1) not outsource to any other business, including through
contracting, any job, function, or labor that was previously
performed by direct employees of the eligible business who were
laid off or furloughed after January 1, 2020;
(2) on-shore to a State any job, function, or labor that--
(A) the eligible business needs additional
employees, contractors, or hours of labor to fulfill;
and
(B) arise after the date on which the legally
binding agreement is executed; and
(3) require that any contractor supplying goods or services
to the eligible business under a contract comply with the
paragraphs (1) and (2).
(b) Suspension of Assistance.--If an eligible business does not
comply with the requirements under subsection (a), the Secretary--
(1) shall suspend all financial assistance to the eligible
business; and
(2) may not provide any additional financial assistance to
the eligible business until the date on which the eligible
business complies with all such requirements.
SEC. 105. REQUIREMENT TO BE NEUTRAL IN UNION ORGANIZING CAMPAIGNS.
(a) Railway Labor Act.--Section 2 of the Railway Labor Act (45
U.S.C. 152) is amended by adding at the end the following:
``Thirteenth. Any carrier by air (including carriers by air) who
received a loan or loan guarantee under paragraph (1), (2), or (3) of
section 4101(b) of the Coronavirus Economic Stabilization Act of 2020
shall not, during the term of the loan or guarantee, and for the 5-year
period beginning on the date on which the loan or guarantee is repaid--
``(1) require or coerce an employee of the carrier to
attend or participate in such carrier's campaign activities
unrelated to the employee's job duties, including activities
that would be subject to the requirements under section 203(b)
of the Labor-Management Reporting and Disclosure Act of 1959
(29 U.S.C. 433(b)) as though the carrier by air were an
employer under that Act; or
``(2) engage any person or entity to carry out the
activities described in paragraph (1), or provide other related
services to employees.
``Fourteenth. Any carrier by air (including carriers by air) who
received a loan or loan guarantee under paragraph (1), (2), or (3) of
section 4101(b) of the Coronavirus Economic Stabilization Act of 2020
shall, during the term of the loan or guarantee, and for the 5-year
period beginning on the date on which the loan or guarantee is repaid,
remain neutral during any organizing campaign for a representative by
the employees of the carrier.''.
(b) National Labor Relations Act.--Section 8(a)(5) of the National
Labor Relations Act (29 U.S.C. 158(a)(5)) is amended--
(1) by striking ``to refuse'' and inserting ``(A) to
refuse'';
(2) by striking the period at the end and inserting ``;
or''; and
(3) by adding at the end the following:
``(B) in the case of any employer who received a
loan or loan guarantee under paragraph (1), (2), or (3)
of section 4101(b) of the Coronavirus Economic
Stabilization Act of 2020, any other employer who
provides goods or services under a contract to such an
employer, or any other employer who provides goods or
services to a person subject to the Railway Labor Act
(45 U.S.C. 151 et seq.) who received a loan or loan
guarantee under such a paragraph of such section
4101(b)--
``(i) to, during the term of the loan or
guarantee, and for the 5-year period beginning
on the date on which the loan or guarantee is
repaid, require or coerce an employee to attend
or participate in such employer's campaign
activities unrelated to the employee's job
duties, including activities that are subject
to the requirements under section 203(b) of the
Labor-Management Reporting and Disclosure Act
of 1959 (29 U.S.C. 433(b));
``(ii) to, during the term of the loan or
guarantee, and for the 5-year period beginning
on the date on which the loan or guarantee is
repaid, engage any person or entity to carry
out the activities described in clause (i), or
provide other related services to employees; or
``(iii) to, during the term of the loan or
guarantee, and for the 5-year period beginning
on the date on which the loan or guarantee is
repaid, fail to remain neutral during any
organizing campaign by the employees of the
employer on behalf of representation by a labor
organization.''.
SEC. 106. MAINTENANCE OF EMPLOYEE RETIREMENT PLANS.
(a) In General.--The Secretary shall only make a loan, or enter
into a loan guarantee, under paragraph (1), (2), or (3) of section
4101(b) to an eligible business after the eligible business enters into
a legally binding agreement with the Secretary that, during the period
beginning March 1, 2020, and ending 5 years after the repayment of any
such loan--
(1) the eligible business will not amend any plan described
in section 401(a) of the Internal Revenue Code of 1986
maintained by the eligible business to eliminate coverage of
any employee under such plan who was eligible in the plan year
immediately preceding the plan year in which the eligible
business enters into a loan agreement under paragraph (1), (2),
or (3) of section 4101(b) of this Act; and
(2) the eligible business will maintain all accrual rates
(including any matching contributions or nonelective employer
contributions) for any plan described in section 401(a) of such
Code maintained by the eligible employer at a rate equal to the
rate under such plan for the plan year immediately preceding
the plan year in which the eligible business enters into a loan
agreement under paragraph (1), (2), or (3) of section 4101(b)
of this Act.
(b) Affiliates of Eligible Business.--Any businesses treated as a
single employer under the rules of subsection (b), (c), (m), or (o) of
section 414 of the Internal Revenue Code (applied as modified by
section 415(h) of the Internal Revenue Code) shall be treated as a
single employer for purposes of this section.
SEC. 107. EXPANSION OF ELIGIBILITY FOR HEALTH CARE TAX CREDIT;
EXTENSION OF CREDIT.
(a) Expansion of Eligibility.--
(1) In general.--Paragraph (1) of section 35(c) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at
the end of subparagraph (B), by striking the period at the end
of subparagraph (C) and inserting ``, and'', and by adding at
the end the following new subparagraph:
``(D) an eligible national defense or
infrastructure worker.''.
(2) Eligible national defense or infrastructure worker.--
Subsection (c) of section 35 of the Internal Revenue Code of
1986 is amended by adding at the end the following new
paragraph:
``(5) Eligible national defense or infrastructure worker.--
``(A) In general.--The term `eligible national
defense or infrastructure worker' means an individual
who--
``(i) as of January 31, 2020, was employed
in a critical industry,
``(ii) who filed for unemployment
compensation (as defined in section 85(b))
after January 31, 2020, and before the
applicable date, and
``(iii) who is covered under qualified
health insurance described in subsection
(e)(1)(A).
``(B) Critical industry.--For purposes of this
paragraph, the term `critical industry' means--
``(i) an industry related to critical
national infrastructure or national defense, or
``(ii) a critical industry which is
severely distressed in connection with the
coronavirus national emergency, as determined
by the Secretary, including the airport, air
carrier (as defined in section 40102 of title
49, United States Code), and aerospace
industries.
``(C) Applicable date.--For purposes of this
paragraph, the term `applicable date' means the earlier
of--
``(i) the date which is 6 months after the
last day on which the coronavirus national
emergency declaration is in effect, or
``(ii) January 1, 2023.
``(D) Coronavirus national emergency.--For purposes
of this paragraph--
``(i) In general.--The coronavirus national
emergency is the emergency with respect to
which the President made the declarations
described in clause (ii).
``(ii) Declarations.--The last day on which
the coronavirus national emergency declaration
is in effect is the later of--
``(I) the last day on which the
declaration of 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 coronavirus
disease 2019 (COVID-19) is in effect;
or
``(II) the last day on which the
declaration of the national emergency
declared by the President under the
National Emergencies Act (50 U.S.C.
1601 et seq.) with respect to
coronavirus disease 2019 (COVID-19) is
in effect.''.
(3) Advance payment of credit.--Paragraph (1) of section
7527(d) of the Internal Revenue Code of 1986 is amended by
striking ``or'' at the end of subparagraph (A), by striking the
period at the end of subparagraph (B) and inserting ``, or'',
and by adding at the end the following new subparagraph:
``(C) in the case of an eligible national defense
or infrastructure worker (as defined in section
35(c)(5)), is certified by the Secretary (or by any
other person or entity designated by the Secretary) (in
consultation with the Secretary of Transportation (or
any other person or entity designated by such
Secretary), in the case of a worker in aviation- or
aerospace-related industries).''.
(4) Effective date.--The amendments made by this subsection
shall apply to months beginning after January 31, 2020.
(b) Extension of Credit.--
(1) In general.--Subparagraph (B) of section 35(b)(1) of
the Internal Revenue Code of 1986 is amended by striking
``January 1, 2021'' and inserting ``January 1, 2023''.
(2) Effective date.--The amendment made by this subsection
shall apply to months beginning after December 31, 2020.
SEC. 108. DEFINITIONS.
In this division:
(1) Covered loss.--The term ``covered loss'' includes
losses, direct or incremental, incurred as a result of COVID-
19, as determined by the Secretary.
(2) Eligible business.--The term ``eligible business''
means a United States business that has incurred covered losses
such that the continued operations of the business are
jeopardized, as determined by the Secretary, and that has not
otherwise applied for or received economic relief in the form
of loans or loan guarantees provided under any other provision
of this Act.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury, or the designee of the Secretary of the
Treasury.
SEC. 109. RULE OF CONSTRUCTION.
Nothing in this division shall be construed to allow the Secretary
to provide relief to eligible businesses except in the form of secured
loans and loan guarantees as provided in this title and under terms and
conditions that are in the interest of the Federal Government.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Appropriations, and in addition to the Committees on the Budget, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Appropriations, and in addition to the Committees on the Budget, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Appropriations, and in addition to the Committees on the Budget, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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