The Heroes 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.
Among other things, 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. 6800 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 6800
Making emergency supplemental appropriations for the fiscal year ending
September 30, 2020, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 12, 2020
Mrs. Lowey (for herself, Mr. Engel, Mrs. Carolyn B. Maloney of New
York, Mr. Nadler, Mr. Neal, Mr. Pallone, Mr. Scott of Virginia, Mr.
Takano, Ms. Velazquez, Ms. Waters, Mr. Grijalva, 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,
short title
Section 1.
This Act may be cited as the ``Health and Economic Recovery Omnibus
Emergency Solutions Act'' or the ``HEROES Act''.
table of contents
Sec. 2.
The table of contents is as follows:
DIVISION A--CORONAVIRUS RECOVERY SUPPLEMENTAL APPROPRIATIONS ACT, 2020
DIVISION B--REVENUE PROVISIONS
Title I--Economic stimulus
Title II--Additional relief for workers
Title III--Net operating losses
DIVISION C--HEALTH PROVISIONS
Title I--Medicaid Provisions
Title II--Medicare Provisions
Title III--Private Insurance Provisions
Title IV--Application to Other Health Programs
Title V--Public Health Policies
Title VI--Public Health Assistance
DIVISION D--RETIREMENT PROVISIONS
Title I--Relief for Multiemployer Pension Plans
Title II--Relief for Single Employer Pension Plans
Title III--Other Retirement Related Provisions
DIVISION E--CONTINUED ASSISTANCE TO UNEMPLOYED WORKERS
DIVISION F--ASSISTANCE TO AGRICULTURAL PRODUCERS AND OTHER MATTERS
RELATING TO AGRICULTURE
Title I--Livestock
Title II--Dairy
Title III--Specialty Crops and Other Commodities
Title IV--Commodity Credit Corporation
Title V--Conservation
Title VI--Nutrition
DIVISION G--ACCOUNTABILITY AND GOVERNMENT OPERATIONS
Title I--Accountability
Title II--Census Matters
Title III--Federal Workforce
Title IV--Federal Contracting Provisions
Title V--District of Columbia
Title VI--Other Matters
DIVISION H--VETERANS AND SERVICEMEMBERS PROVISIONS
DIVISION I--SMALL BUSINESS PROVISIONS
DIVISION J--SUPPORT FOR ESSENTIAL WORKERS, AT-RISK INDIVIDUALS,
FAMILIES, AND COMMUNITIES
Title I--Family Care for Essential Workers
Title II--Pandemic Emergency Assistance and Services
Title III--Program flexibility during the pandemic
DIVISION K--COVID-19 HERO ACT
Title I--Providing Medical Equipment for First Responders and Essential
Workers
Title II--Protecting Renters and Homeowners from Evictions and
Foreclosures
Title III--Protecting People Experiencing Homelessness
Title IV--Suspending Negative Credit Reporting and Strengthening
Consumer and Investor Protections
Title V--Forgiving Student Loan Debt and Protecting Student Borrowers
Title VI--Standing Up For Small Businesses, Minority-Owned Businesses,
and Non-Profits
Title VII--Empowering Community Financial Institutions
Title VIII--Providing Assistance for State, Territory, Tribal, and
Local Governments
Title IX--Providing Oversight and Protecting Taxpayers
DIVISION L--FAMILIES, WORKERS, AND COMMUNITY SUPPORT PROVISIONS
Title I--Amendments to Emergency Family and Medical Leave Expansion Act
and Emergency Paid Sick Leave Act
Title II--COVID-19 Workforce Development Response Activities
Title III--COVID-19 Every Worker Protection Act of 2020
Title IV--Community and Family Support
Title V--COVID-19 Protections under Longshore and Harbor Workers'
Compensation Act
DIVISION M--CONSUMER PROTECTION AND TELECOMMUNICATIONS PROVISIONS
Title I--COVID-19 Price Gouging Prevention
Title II--E-Rate Support for Wi-Fi Hotspots, Other Equipment, and
Connected Devices
Title III--Emergency Benefit for Broadband Service
Title IV--Continued Connectivity
Title V--Don't Break Up the T-Band
Title VI--National Suicide Hotline Designation
Title VII--COVID-19 Compassion and Martha Wright Prison Phone Justice
Title VIII--Healthcare Broadband Expansion During COVID-19
DIVISION N--GIVING RETIREMENT OPTIONS TO WORKERS ACT
DIVISION O--EDUCATION PROVISIONS AND OTHER PROGRAMS
Title I--Higher Education Provisions
Title II--Other Programs
DIVISION P--ACCESS ACT
DIVISION Q--COVID-19 HEROES FUND
Title I--Provisions relating to State, Local, Tribal, and Private
Sector Workers
Title II--Provisions relating to Federal employees and COVID-19
Title III--Coordination of benefits with other programs and laws
DIVISION R--CHILD NUTRITION AND RELATED PROGRAMS
DIVISION S--OTHER MATTERS
Title I--Health Care Access for Urban Native Veterans Act
Title II--Tribal School Federal Insurance Parity
Title III--PRC for Native Veterans Act
Title IV--Wildlife-Borne Disease Prevention
Title V--Pandemic Relief for Aviation Workers and Passengers
Title VI--Amtrak and Rail Workers
Title VII--Energy and Environment Provisions
Title VIII--Death and disability benefits for public safety officers
impacted by COVID-19
Title IX--Victims of Crime Act Amendments
Title X--Jabara-Heyer NO HATE Act
Title XI--Prisons and Jails
Title XII--Immigration Matters
Title XIII--Coronavirus Relief Fund Amendments
Title XIV--Rural Digital Opportunity
Title XV--Foreign Affairs Provisions
DIVISION T--ADDITIONAL OTHER MATTERS
references
Sec. 3.
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--CORONAVIRUS RECOVERY SUPPLEMENTAL APPROPRIATIONS ACT, 2020
The following sums are hereby appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2020, and for other purposes, namely:
TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,
AND RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
AGRICULTURAL PROGRAMS
Office of Inspector General
For an additional amount for ``Office of Inspector General'',
$2,500,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided, That the funding made available under this
heading in this Act shall be used for conducting audits and
investigations of projects and activities carried out with funds made
available to the Department of Agriculture to prevent, prepare for, and
respond to coronavirus, domestically or internationally: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
DOMESTIC FOOD PROGRAMS
Food and Nutrition Service
child nutrition programs
For an additional amount for ``Child Nutrition Programs'',
$3,000,000,000 to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally: Provided, That the amount provided under this heading
is for the purposes of carrying out section 180002 of the ``Child
Nutrition and Related Programs Recovery 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.
special supplemental nutrition program for women, infants, and children
(wic)
For an additional amount for the ``Special Supplemental Nutrition
Program for Women, Infants, and Children'', $1,100,000,000, to remain
available through 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.
supplemental nutrition assistance program
For an additional amount for ``Supplemental Nutrition Assistance
Program'', $10,000,000,000, 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.
commodity assistance program
For an additional amount for ``Commodity Assistance Program'',
$150,000,000, to remain available through September 30, 2021, for the
emergency food assistance program as authorized by section 27(a) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section 204(a)(1)
of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1)):
Provided, That such amount is designated by the Congress as 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 the Commonwealth of the
Northern Mariana Islands, $1,822,000, to remain available until
September 30, 2021, for nutrition assistance 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.
Sec. 10102. Under the heading ``Commodity Assistance Program'' in
the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-
136), strike ``to prevent, prepare for, and respond to coronavirus,
domestically or internationally,'': Provided, That the amounts
repurposed in this section that were previously designated by the
Congress as an emergency requirement pursuant to the Balanced Budget
and Emergency Deficit Control Act of 1985 are designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Sec. 10103. For an additional amount for the program established
under 7 U.S.C. 5936, to prevent, prepare for, and respond to
coronavirus, $20,000,000, 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.
TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
DEPARTMENT OF COMMERCE
Bureau of the Census
current surveys and programs
(including transfer of funds)
For an additional amount for ``Current Surveys and Programs'',
$10,000,000: Provided, That such sums may be transferred to the Bureau
of the Census Working Capital Fund for necessary expenses incurred as a
result of the coronavirus, including for payment of salaries and leave
to Bureau of the Census staff resulting from the suspension of data
collection for reimbursable surveys conducted for other Federal
agencies: 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.
periodic censuses and programs
For an additional amount for ``Periodic Censuses and Programs'',
$400,000,000, to remain available until September 30, 2022, to prevent,
prepare for, and respond to coronavirus: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
National Oceanic and Atmospheric Administration
assistance to fishery participants
Pursuant to section 12005 of the Coronavirus Aid, Relief, and
Economic Security Act of 2020 (Public Law 116-136), for an additional
amount for ``Assistance to Fishery Participants'', $100,000,000, to
remain available until September 30, 2021, for necessary expenses to
provide assistance to Tribal, subsistence, commercial, and charter
fishery participants affected by the novel coronavirus (COVID-19),
which may include direct relief payments: Provided, That such amount
is designated by the Congress as 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
For an additional amount for ``Office of Inspector General'',
$1,000,000, to remain available until expended to prevent, prepare for,
and respond to coronavirus, including the impact of coronavirus on the
work of the Department of Commerce and to carry out investigations and
audits related to the funding made available for the Department of
Commerce in this Act and in title II of division B of Public Law 116-
136: Provided, That such amount is designated by the Congress as 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--department of commerce
Sec. 10201. Notwithstanding any other provision of law, the
Federal share for grants provided by the Economic Development
Administration under this Act, Public Law 116-93, Public Law 116-20,
and Public Law 116-136 shall be 100 percent: Provided, That the
amounts repurposed in this section that were previously designated by
the Congress as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985 are designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
DEPARTMENT OF JUSTICE
Federal Prison System
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$200,000,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, including the impact of
coronavirus on the work of the Department of Justice, to include
funding for medical testing and services, personal protective
equipment, hygiene supplies and services, and sanitation 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.
Office of Inspector General
For an additional amount for ``Office of Inspector General'',
$3,000,000, to remain available until expended to prevent, prepare for,
and respond to coronavirus, including the impact of coronavirus on the
work of the Department of Justice and to carry out investigations and
audits related to the funding made available for the Department of
Justice in this Act: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
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'', $100,000,000, to remain available until
expended, of which--
(1) $30,000,000 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) $15,000,000 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
(Public Law 103-322; ``1994 Act'');
(3) $15,000,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(4) $10,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(5) $10,000,000 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'');
(6) $4,000,000 is for grants to assist tribal governments
in exercising special domestic violence criminal jurisdiction,
as authorized by section 904 of the Violence Against Women
Reauthorization Act of 2013; and
(7) $16,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 Act:
Provided, That funds made available under this heading shall be made
available without any otherwise applicable requirement that a recipient
of such funds provide any other Federal funds, or any non-Federal
funds, as a condition to receive the funds made available 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.
Office Of Justice Programs
state and local law enforcement assistance
For an additional amount for ``State and Local Law Enforcement
Assistance'', $300,000,000, to remain available until expended, for the
same purposes and subject to the same conditions as the appropriations
for fiscal year 2020 under this heading in title II of division B of
Public Law 116-136, including for the purchase of personal protective
equipment, and for costs related to preventing and controlling
coronavirus at correctional institutions: Provided, That,
notwithstanding section 502(a)(1) of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10153), funds provided under this
heading in both this Act and title II of division B of Public Law 116-
136 may be used to supplant State or local funds: Provided further,
That funds made available under this heading in both this Act and title
II of division B of Public Law 116-136 shall be made available without
any otherwise applicable requirement that a recipient of such funds
provide any other Federal funds, or any non-Federal funds, as a
condition to receive the funds made available under such 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.
For an additional amount for ``State and Local Law Enforcement
Assistance'', $250,000,000, to remain available until expended, for
offender reentry programs and research, as authorized by the Second
Chance Act of 2007 (Public Law 110-199) and by the Second Chance
Reauthorization Act of 2018 (Public Law 115-391), without regard to the
time limitations specified at section 6(1) of such Act, to prevent,
prepare for, and respond to coronavirus: Provided, That,
notwithstanding any other provision of law, funds provided under this
heading may be used to supplant State or local funds: Provided
further, That funds made available under this heading shall be made
available without any otherwise applicable requirement that a recipient
of such funds provide any other Federal funds, or any non-Federal
funds, as a condition to receive the funds made available 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.
For an additional amount for ``State and Local Law Enforcement
Assistance'', $600,000,000, to remain available until expended, for
grants, contracts, cooperative agreements, and other assistance as
authorized by the Pandemic Justice Response Act (``the Act''):
Provided, That $500,000,000 is to establish and implement policies and
procedures to prevent, detect, and stop the presence and spread of
COVID-19 among arrestees, detainees, inmates, correctional facility
staff, and visitors to the facilities; and for pretrial citation and
release grants, as authorized by the Act: Provided further, That
$25,000,000 is for Rapid COVID-19 Testing, as authorized by the Act:
Provided further, That $75,000,000 is for grants for Juvenile Specific
Services, as authorized by the Act: Provided further, That,
notwithstanding any other provision of law, funds provided under this
heading may be used to supplant State or local funds: Provided
further, That funds made available under this heading shall be made
available without any otherwise applicable requirement that a recipient
of such funds provide any other Federal funds, or any non-Federal
funds, as a condition to receive the funds made available 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.
Community Oriented Policing Services
community oriented policing services programs
For an additional amount for ``Community Oriented Policing
Services'', $300,000,000, to remain available until expended, for
grants under section 1701 of title I of the 1968 Omnibus Crime Control
and Safe Streets Act (34 U.S.C. 10381) for hiring and rehiring of
additional career law enforcement officers under part Q of such title,
notwithstanding subsection (i) of such section, and including for the
purchase of personal protective equipment: Provided, That,
notwithstanding 34 U.S.C. 10384, funds provided under this heading may
be used to supplant State or local funds and may be used to retain
career law enforcement officers: Provided further, That funds made
available under this heading shall be made available without any
otherwise applicable requirement that a recipient of such funds provide
any other Federal funds, or any non-Federal funds, as a condition to
receive the funds made available 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.
SCIENCE
National Science Foundation
research and related activities
(including transfer of funds)
For an additional amount for ``Research and Related Activities'',
$125,000,000, to remain available until September 30, 2022, to prevent,
prepare for, and respond to coronavirus, including to fund research
grants, of which $1,000,000 shall be for a study on the spread of
COVID-19 related disinformation: Provided further, That, within the
amount appropriated under this heading in this Act, up to 2 percent of
funds may be transferred to the ``Agency Operations and Award
Management'' account for management, administration, and oversight of
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.
RELATED AGENCIES
Legal Services Corporation
payment to the legal services corporation
For an additional amount for ``Payment to the Legal Services
Corporation'', $50,000,000, for the same purposes and subject to the
same conditions as the appropriations for fiscal year 2020 under this
heading in title II of division B of Public Law 116-136: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE III--FINANCIAL SERVICES AND GENERAL GOVERNMENT
DEPARTMENT OF THE TREASURY
Departmental Offices
office of inspector general
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$35,000,000, to remain available until expended, to conduct monitoring
and oversight of the receipt, disbursement, and use of funds made
available under the ``Coronavirus State Fiscal Relief Fund'' and the
``Coronavirus Local Fiscal Relief Fund'' (collectively, ``Fiscal Relief
Funds''): Provided, That, if the Inspector General of the Department
of the Treasury determines that an entity receiving a payment from
amounts provided by the Fiscal Relief Funds has failed to comply with
the provisions governing the use of such funding, the Inspector General
shall transmit any relevant information related to such determination
to the Committees on Appropriations of the House of Representatives and
the Senate not later than 5 days after any such determination is made:
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.
treasury inspector general for tax administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $2,500,000,
to remain available until expended, to prevent, prepare for, and
respond to coronavirus, domestically or internationally: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
homeowner assistance fund
For activities and assistance authorized in section 110202 of the
``COVID-19 HERO Act'' , $75,000,000,000, 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.
Bureau of the Fiscal Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$78,650,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
coronavirus state fiscal relief fund
For making payments to States, territories, and Tribal governments
to mitigate the fiscal effects stemming from the public health
emergency with respect to the Coronavirus Disease (COVID-19),
$540,000,000,000 to remain available until expended, which shall be in
addition to any other amounts available for making payments to States,
territories, and Tribal governments for any purpose (including payments
made under section 601 of the Social Security Act), of which:
(1) $20,000,000,000 shall be for making payments to
the Commonwealth of Puerto Rico, United States Virgin
Islands, Guam, Commonwealth of the Northern Mariana
Islands, and American Samoa: Provided, That of the
amount made available in this paragraph, half shall be
allocated equally among each entity specified in this
paragraph, and half shall be allocated as an additional
amount to each such entity in an amount which bears the
same proportion to half of the total amount provided
under this paragraph as the relative population of each
such entity bears to the total population of all such
entities;
(2) $20,000,000,000 shall be for making payments to
Tribal governments: Provided, That payments of amounts
made available in this paragraph shall be made to each
Tribal Government in an amount determined by the
Secretary of the Treasury, in consultation with the
Secretary of the Interior and Indian Tribes, that is
based on increased aggregate expenditures of each such
Tribal government (or a tribally-owned entity of such
Tribal government) in fiscal year 2020 relative to
aggregate expenditures in fiscal year 2019 by the
Tribal government (or tribally-owned entity) and
determined in such manner as the Secretary determines
appropriate to ensure that all amounts available
pursuant to the preceding proviso for fiscal year 2020
are distributed to Tribal governments:
(3) $250,000,000,000 shall be for making initial
payments to each of the 50 States and the District of
Columbia, of which--
(A) $51,000,000,000 shall be
allocated equally between each of the
50 States and the District of Columbia;
(B) $150,000,000,000 shall be
allocated as an additional amount to
each such entity in an amount which
bears the same proportion to the total
amount provided under this subparagraph
as the relative population of each such
entity bears to the total population of
all such entities;
(C) $49,000,000,000 shall be
allocated as additional amounts among
each of the 50 States and the District
of Columbia in an amount which bears
the same proportion to the total amount
provided under this subparagraph as the
relative prevalence of COVID-19 within
each such entity bears to the total
prevalence of COVID-19 within all such
entities: Provided, That the relative
prevalence of COVID-19 shall be
calculated using the most recent data
on the number of confirmed and probable
cases as published on the Internet by
the Centers for Disease Control and
Prevention for each entity specified in
the preceding proviso;
(4) $250,000,000,000 shall be for making an additional
payment to each of the 50 States and the District of Columbia,
of which--
(A) $51,000,000,000 shall be allocated equally
between each of the 50 States and the District of
Columbia; and
(B) $199,000,000,000 shall be allocated between
each such entity in an additional amount which bears
the same proportion to the total amount provided under
this subparagraph as the average estimated number of
seasonally-adjusted unemployed individuals (as measured
by the Bureau of Labor Statistics Local Area
Unemployment Statistics program) in each such entity
over the 3-month period ending in March 2021 bears to
the average estimated number of seasonally-adjusted
unemployed individuals in all such entities over the
same period.
Provided further, That any entity receiving a payment from funds made
available under this heading in this Act shall only use such amounts to
respond to, mitigate, cover costs or replace foregone revenues not
projected on January 31, 2020 stemming from the public health
emergency, or its negative economic impacts, with respect to the
Coronavirus Disease (COVID-19): Provided further, That if the
Inspector General of the Department of the Treasury determines that an
entity receiving a payment from amounts provided under this heading has
failed to comply with the preceding proviso, the amount equal to the
amount of funds used in violation of such subsection shall be booked as
a debt of such entity owed to the Federal Government, and any amounts
recovered under this subsection shall be deposited into the general
fund of the Treasury as discretionary offsetting receipts: Provided
further, That for purposes of the preceding provisos under this heading
in this Act, the population of each entity described in any such
proviso shall be determined based on the most recent year for which
data are available from the Bureau of the Census, or in the case of an
Indian tribe, shall be determined based on data certified by the Tribal
government: Provided further, That as used under this heading in this
Act, the terms ``Tribal government'' and ``Indian Tribe'' have the same
meanings as specified in section 601(g) of the Social Security Act (42
U.S.C. 601(g)), as added by section 5001 of the CARES Act (Public Law
116-136) and amended by section 191301 of division X of this Act, and
the term ``State'' means one of the 50 States: Provided further, That
the Secretary of Treasury shall make all payments required pursuant to
paragraphs (1), (2), and (3) not later than 30 days after the date of
enactment of this Act, and shall make all payments required pursuant to
paragraph (4) not later than May 3, 2021: 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.
coronavirus local fiscal relief fund
For making payments to metropolitan cities, counties, and other
units of general local government to mitigate the fiscal effects
stemming from the public health emergency with respect to the
Coronavirus Disease (COVID-19), $375,000,000,000, to remain available
until expended, which shall be in addition to any other amounts
available for making payments to metropolitan cities, counties, and
other units of general local government (including payments made under
section 601 of the Social Security Act), of which--
(1) $187,500,000,000 shall be for making payments to
metropolitan cities and other units of general local government
(as those terms are defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)), of which--
(A) $131,250,000,000 shall be allocated pursuant to
the formula under section 106(b)(1) of the Housing and
Community Development Act of 1974 (42 U.S.C.
5306(b)(1)) to metropolitan cities (as defined in
section 102(a)(4) of such Act (42 U.S.C. 5302(a)(4)),
including metropolitan cities that have relinquished or
deferred their status as a metropolitan city as of the
date of enactment of this Act: Provided, That
$87,500,000,000 of the funds provided under this
subparagraph shall be paid not later than 30 days after
the date of enactment of this Act: Provided further,
That $43,750,000,000 of the funds provided under this
subparagraph shall be paid not earlier than April 15,
2021, but not later than May 3, 2021; and
(B) $56,250,000,000 shall be distributed to each
State (as that term is defined in section 102 of the
Housing and Community Development Act of 1974 (42
U.S.C. 5302)) for use by units of general local
government, other than counties or parishes, in
nonentitlement areas (as defined in such section 102)
of such States in an amount which bears the same
proportion to the total amount provided under this
subparagraph as the total population of such units of
general local government within the State bears to the
total population of all such units of general local
government in all such States: Provided, That two-
thirds of the funds provided under this subparagraph
and allocated to each such unit of general local
government shall be distributed to each such unit of
general local government not later than 30 days after
the date of enactment of this Act: Provided further,
That the remainder of the funds provided under this
subparagraph and allocated to each such unit of general
local government shall be distributed to each such unit
of general local government not earlier than April 15,
2021, but not later than May 3, 2021: Provided
further, That a State shall pass-through the amounts
received under this subparagraph, within 30 days of
receipt, to each such unit of general local government
in an amount that bears the same proportion to the
amount distributed to each such State as the population
of such unit of general local government bears to the
total population of all such units of general local
government within each such State: Provided further,
That if a State has not elected to distribute amounts
allocated under this paragraph, the Secretary of the
Treasury shall pay the applicable amounts under this
subparagraph to such units of general local government
in the State not later than 30 days after the date on
which the State would otherwise have received the
amounts from the Secretary; and
(2) $187,500,000,000 shall be paid directly to counties
within 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 in an amount which bears the same proportion to
the total amount provided under this paragraph as the relative
population of each such county bears to the total population of
all such entities: Provided, That two-thirds of the funds
provided under this paragraph and allocated to each such county
shall be distributed to each such county not later than 30 days
after the date of enactment of this Act: Provided further,
That the remainder of the amount allocated to each such county
under this paragraph shall be distributed to each such county
not earlier than April 15, 2021, but not later than May 3,
2021: Provided further, That no county that is an ``urban
county'' (as defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) shall
receive less than the amount the county would otherwise receive
if the amount distributed under this paragraph were allocated
to metropolitan cities and urban counties under section 106(b)
of the Housing and Community Development Act of 1974 (42 U.S.C.
5306(b)): Provided further, That in the case of an amount to
be paid to a county that is not a unit of general local
government, the amount shall instead be paid to the State in
which such county is located, and such State shall distribute
such amount to units of general local government within such
county in an amounts that bear the same proportion as the
population of such units of general local government bear to
the total population of such county:
Provided further, That any entity receiving a payment from funds made
available under this heading in this Act shall only use such amounts to
respond to, mitigate, cover costs or replace foregone revenues not
projected on January 31, 2020 stemming from the public health
emergency, or its negative economic impacts, with respect to the
Coronavirus Disease (COVID-19): Provided further, That if the
Inspector General of the Department of the Treasury determines that an
entity receiving a payment from amounts provided under this heading has
failed to comply with the preceding proviso, the amount equal to the
amount of funds used in violation of such subsection shall be booked as
a debt of such entity owed to the Federal Government, and any amounts
recovered under this subsection shall be deposited into the general
fund of the Treasury as discretionary offsetting receipts: Provided
further, That nothing in paragraph (1) or (2) shall be construed as
prohibiting a unit of general local government that has formed a
consolidated government, or that is geographically contained (in full
or in part) within the boundaries of another unit of general local
government from receiving a distribution under each of subparagraphs
(A) and (B) under paragraph (1) or under paragraph (2), as applicable,
based on the respective formulas specified contained therein: Provided
further, That the amounts otherwise determined for distribution to
units of local government under each of subparagraphs (A) and (B) under
paragraph (1) and under paragraph (2) shall each be adjusted by the
Secretary of the Treasury on a pro rata basis to the extent necessary
to comply with the amount appropriated and the requirements specified
in each paragraph and subparagraph, as applicable: Provided further,
That as used under this heading in this Act, the term ``county'' means
a county, parish, or other equivalent county division (as defined by
the Bureau of the Census): Provided further, That for purposes of the
preceding provisos under this heading in this Act, the population of an
entity shall be determined based on the most recent year for which data
are available from the Bureau of the Census: Provided further, 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.
Community Development Financial Institutions Fund Program Account
(including transfer of funds)
For an additional amount for the ``Community Development Financial
Institutions Fund Program Account'', $1,000,000,000, to remain
available until September 30, 2021, to prevent, prepare for, and
respond to coronavirus: Provided, That the Community Development
Financial Institutions Fund (CDFI) shall provide grants using a formula
that takes into account criteria such as certification status,
financial and compliance performance, portfolio and balance sheet
strength, and program capacity: Provided further, That no less than
$25,000,000 may be for financial assistance, technical assistance, and
training and outreach programs designed to benefit Native American,
Native Hawaiian, and Alaska Native communities: Provided further, That
the CDFI Fund shall make funds available under this subsection within
60 days of the date of enactment of this Act: Provided further, That
funds made available under this heading may be used for administrative
expenses, including administration of CDFI Fund programs and the New
Markets Tax Credit 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.
administrative provision--internal revenue service
(including transfer of funds)
Sec. 10301. In addition to the amounts otherwise available to the
Internal Revenue Service in fiscal year 2020, $520,000,000, to remain
available until September 30, 2021, shall be available to prevent,
prepare for, and respond to coronavirus, including for costs associated
with the extended filing season: Provided, That such funds may be
transferred by the Commissioner to the ``Taxpayer Services'',
``Enforcement'', or ``Operations Support'' accounts of the Internal
Revenue Service for an additional amount to be used solely to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided further, That the Committees on
Appropriations of the House of Representatives and the Senate shall be
notified in advance of any such transfer: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law: Provided further, That not later than 30 days after
the date of enactment of this Act, the Commissioner shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a spending plan for such funds: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
INDEPENDENT AGENCIES
Election Assistance Commission
election resilience grants
(including transfer of funds)
For an additional amount for payments by the Election Assistance
Commission to States for contingency planning, preparation, and
resilience of elections for Federal office, $3,600,000,000, to remain
available until September 30, 2021: Provided, That of the amount
provided under this heading, up to $5,000,000 may be transferred to and
merged with ``Election Assistance Commission--Salaries and Expenses'':
Provided further, 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 such section 103
shall be deemed to refer to ``$7,500,000'': Provided further, That not
later than 30 days after the date of enactment of this Act, the
Election Assistance Commission shall obligate the funds to States under
this heading in this Act: Provided further, That not less than 50
percent of the amount of the payment made to a State under this heading
in this Act 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.
administrative provision--election assistance commission
Sec. 10302. (a) The last proviso under the heading ``Election
Assistance Commission--Election Security Grants'' in the Financial
Services and General Government Appropriations Act, 2020 (division C of
Public Law 116-93; 133 Stat. 2461) shall not apply with respect to any
payment made to a State using funds appropriated or otherwise made
available to the Election Assistance Commission under the Coronavirus
Aid, Relief, and Economic Security Act (Public Law 116-136).
(b) The first proviso under the heading ``Election Assistance
Commission--Election Security Grants'' in the Coronavirus Aid, Relief,
and Economic Security Act (Public Law 116-136) is amended by striking
``within 20 days of each election in the 2020 Federal election cycle in
that State,'' and inserting ``not later than October 30, 2021,''.
(c) The fourth proviso under the heading ``Election Assistance
Commission--Election Security Grants'' in the Coronavirus Aid, Relief,
and Economic Security Act (Public Law 116-136) is amended by striking
``December 31, 2020'' and inserting ``September 30, 2021''.
(d) Notwithstanding any requirement that a State legislature
appropriate and release any funds made available under the Help America
Vote Act of 2002, the chief election official of each State shall have
access to the funds made available under the heading ``Election
Assistance Commission--Election Security Grants'' in the Coronavirus
Aid, Relief, and Economic Security Act (Public Law 116-136) without any
such action by the State legislature.
(e) A State may elect to reallocate funds allocated under the
heading ``Election Assistance Commission--Election Security Grants'' in
the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-
136) as funds allocated under the heading ``Election Assistance
Commission--Election Security Grants'' in the Financial Services and
General Government Appropriations Act, 2020 (division C of Public Law
116-93; 133 Stat. 2461) that were spent to prevent, prepare for, and
respond to coronavirus, domestically or internationally, for the 2020
Federal election cycle; or funds allocated under the heading ``Election
Assistance Commission--Election Reform Program'' in the Financial
Services and Government Appropriations Act, 2018 (division E of Public
Law 115-141) that were spent to prevent, prepare for, and respond to
coronavirus, domestically or internationally, for the 2020 Federal
election cycle.
(f) This section shall take effect as if included in the enactment
of the Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136).
(g) The amounts repurposed in this section that were previously
designated by the Congress as an emergency requirement pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985 are
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Federal Communications Commission
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$24,000,000, to remain available until September 30, 2021, for
implementing title VIII of the Communications Act of 1934 (47 U.S.C.
641 et seq.), as added by the Broadband DATA Act (Public Law 116-130):
Provided, That such amount is designated by the Congress as 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'',
$1,500,000,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally, through the provision of funding for Wi-fi hotspots,
other equipment, connected devices, and advanced telecommunications and
information services to schools and libraries as authorized in section
130201: Provided, That such amount is designated by the Congress as
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'', $4,000,000,000, to remain available until September 30, 2021,
to prevent, prepare for, and respond to coronavirus, domestically or
internationally, through the provision of an emergency benefit for
broadband service as authorized in section 130301: Provided, That such
amount is designated by the Congress as 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
technology modernization fund
For an additional amount for the ``Technology Modernization Fund'',
$1,000,000,000, to remain available until September 30, 2022, for
technology-related modernization activities 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 Personnel Management
office of inspector general
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $1,000,000,
to remain available until expended to prevent, prepare for, and respond
to coronavirus, domestically or internationally: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Small Business Administration
emergency eidl grants
For an additional amount for ``Emergency EIDL Grants'' for the cost
of emergency EIDL grants authorized by section 1110 of division A of
the CARES Act (Public Law 116-136), $10,000,000,000, to remain
available until expended, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
administrative provisions--small business administration
Sec. 10303. (a) The third proviso under the heading ``Small
Business Administration--Business Loans Program Account'' the Financial
Services and General Government Appropriations Act, 2020 (division C of
Public Law 116-93) is amended by striking ``$30,000,000,000'' and
inserting ``$75,000,000,000''.
(b) The sixth proviso under the heading ``Small Business
Administration--Business Loans Program Account'' the Financial Services
and General Government Appropriations Act, 2020 (division C of Public
Law 116-93) is amended by striking ``$12,000,000,000'' and inserting
``$35,000,000,000''.
United States Postal Service
payment to postal service fund
For an additional payment to the ``Postal Service Fund'', for
revenue forgone due to coronavirus, $25,000,000,000, to remain
available until September 30, 2022: Provided, That the Postal Service,
during the coronavirus emergency, shall prioritize the purchase of, and
make available to all Postal Service employees and facilities, personal
protective equipment, including gloves, masks, and sanitizers, and
shall conduct additional cleaning and sanitizing of Postal Service
facilities and delivery vehicles: 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 ``Salaries and Expenses'',
$15,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus, domestically or internationally:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
general provisions--this title
Sec. 10304. (a) Title V of division B of the CARES Act (Public Law
116-136) is amended in the first proviso under the heading
``Independent Agencies--Pandemic Response Accountability Committee'' by
inserting ``or any other Act (including Acts other than appropriations
Acts)'' after ``provided in this Act''.
(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. 10305. Title V of division B of the CARES Act (Public Law
116-136) is amended by striking the fifth proviso under the heading
``General Services Administration--Real Property Activities--Federal
Buildings Fund'': Provided, That the amounts repurposed in this
section that were previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985 are designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Sec. 10306. For an additional amount for ``Department of the
Treasury--Departmental Offices--Coronavirus Relief Fund'', an amount
equal to--
(1) $1,250,000,000; less
(2) the amount allocated for the District of Columbia
pursuant to section 601(c)(6) of the Social Security Act:
Provided, That such amounts shall only be available for making a
payment to the District of Columbia, and shall be in addition to any
other funds available for such purpose: Provided further, That the
Secretary of the Treasury shall pay all amounts provided by this
section directly to the District of Columbia not less than 5 days after
the date of enactment of this Act: Provided further, That the District
of Columbia shall use such amounts only to cover costs or replace
foregone revenues stemming from the public health emergency with
respect to the Coronavirus Disease (COVID-19): Provided further, 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.
TITLE IV--HOMELAND SECURITY
DEPARTMENT OF HOMELAND SECURITY
OFFICE OF INSPECTOR GENERAL
operations and support
For an additional amount for ``Operations and Support'',
$3,000,000, to remain available until September 30, 2022, for oversight
of activities of the Department of Homeland Security funded in this Act
and in title VI of division B of Public Law 116-136 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 Emergency Management Agency
federal assistance
For an additional amount for ``Federal Assistance'',
$1,300,000,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus, of which $500,000,000
shall be for Assistance to Firefighter Grants for the purchase of
personal protective equipment and related supplies, mental health
evaluations, training, and temporary infectious disease de-
contamination or sanitizing facilities and equipment; of which
$500,000,000 shall be for Staffing for Adequate Fire and Emergency
Response Grants; of which $100,000,000 shall be for Emergency
Management Performance Grants; and of which $200,000,000 shall be for
the Emergency Food and Shelter 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.
General Provisions--This Title
Sec. 10401. Notwithstanding any other provision of law, funds made
available under ``Federal Emergency Management Agency--Federal
Assistance'' shall only be used for the purposes specifically described
under that heading.
Sec. 10402. (a) Subsections (c)(2), (f), (g)(1), (h)(1)-(4),
(h)(6), and (k) of section 33 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229) shall not apply to amounts
appropriated for ``Federal Emergency Management Agency - Federal
Assistance'' for Assistance to Firefighter Grants in this Act and in
division D, title III of the Consolidated Appropriations Act, 2020
(Public Law 116-93).
(b) Subsection (k) of section 33 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229) shall not apply to Amounts
provided for ``Federal Emergency Management Agency-Federal Assistance''
for Assistance to Firefighter Grants in title VI of division B of
Public Law 116-136.
(c) 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. 10403. Subsections (a)(1)(A), (a)(1)(B), (a)(1)(E),
(a)(1)(G), (c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229a) shall not apply to
amounts appropriated for ``Federal Emergency Management Agency -
Federal Assistance'' for Staffing for Adequate Fire and Emergency
Response Grants in this Act and in division D, title III of the
Consolidated Appropriations Act, 2020 (Public Law 116-93).
TITLE V--INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
resource management
For an additional amount for ``Resource Management'', $21,000,000,
to remain available until expended for research; listing injurious
species; electronic permitting system development; operation and
maintenance; law enforcement interdiction and inspections; and other
support activities, as described in sections 190402, 190403, and 190404
of division S of this Act: Provided, That amounts may be transferred
to ``Surveys, Investigations and Research'' in the United States
Geological Survey; ``National Oceanic and Atmospheric Administration''
in the Department of Commerce; and the ``Center for Disease Control''
in the Department of Health and Human 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.
state and tribal wildlife grants
For an additional amount for ``State and Tribal Wildlife Grants'',
$50,000,000, to remain available until expended, for a onetime grant
program to remain available until expended, as described in section
190405 of division S of this Act: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
UNITED STATES GEOLOGICAL SURVEY
surveys, investigations, and research
For an additional amount for ``Surveys, Investigations, and
Research'', $40,000,000, to remain available until September 30, 2021,
for technical assistance, biosurveillance of wildlife and environmental
persistence studies and related research, database development, and
accompanying activities as described in section 190404 of division S of
this Act: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Bureau of Indian Affairs
operation of indian programs
For an additional amount for ``Operation of Indian Programs'',
$900,000,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, of which--
(1) $100,000,000 shall be for housing improvement;
(2) $780,000,000 shall be for providing Tribal government
services, for Tribal government employee salaries to maintain
operations, and cleaning and sanitization of Tribally owned and
operated facilities; and
(3) $20,000,000 shall be used to provide and deliver
potable water; and,
Provided, That none of the funds appropriated herein shall be
obligated until 3 days after the Bureau of Indian Affairs provides a
detailed spend plan, which includes distribution and use of funds by
Tribe, to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the Bureau
shall notify the Committees on Appropriations of the House of
Representatives and the Senate quarterly on the obligations and
expenditures of the funds provided by this Act: Provided further, That
assistance received herein 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 such amounts, if
transferred to Indian 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 section 11008 of this
Act shall not apply to tribal contracts entered into by the Bureau of
Indian Affairs with this appropriation: 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
Insular Affairs
assistance to territories
For an additional amount for ``Assistance to Territories'',
$1,000,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus, of which (1) $945,000,000 is for
Capital Improvement Project grants for hospitals and other critical
infrastructure; and (2) $55,000,000 is for territorial assistance,
including general technical assistance: Provided, That any
appropriation for disaster assistance under this heading in this Act or
previous appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant to
section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c): Provided further, That amounts
repurposed in this section that were previously designated by the
Congress as an emergency requirement pursuant to the Balanced Budget
and Emergency Deficit Control Act of 1985 are designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985: 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 ``Salaries and Expenses'' ,
$5,000,000, 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.
Environmental Protection Agency
environmental programs and management
For an additional amount for ``Environmental Programs and
Management'', $50,000,000, to remain available until September 30,
2021, for environmental justice grants to prevent, prepare for, and
respond to coronavirus: Provided, That such amount shall be used to
monitor or study links between pollution exposure and the transmission
and health outcomes of coronavirus as described in section 190702 of
division S of this Act: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
(including transfer of funds)
For an additional amount for ``Indian Health Services'',
$2,100,000,000, to remain available until expended, to prevent, prepare
for, respond to, and provide health services related to coronavirus, of
which--
(1) $1,000,000,000 shall be used to supplement reduced
third party revenue collections;
(2) $500,000,000 shall be used for direct health and
telehealth services, including to purchase supplies and
personal protective equipment;
(3) $140,000,000 shall be used to expand broadband
infrastructure and information technology for telehealth and
electronic health record system purposes;
(4) $20,000,000 shall be used to address the needs of
domestic violence victims and homeless individuals and
families;
(5) not less than $64,000,000 shall be for Urban Indian
Organizations; and,
(6) not less than $10,000,000 shall be used to provide and
deliver potable water:
Provided, That such funds shall be allocated at the discretion of the
Director of the Indian Health Service: Provided further, That of the
funds provided herein, not less than $366,000,000 shall be transferred
to and merged with ``Indian Health Service--Indian Health Facilities''
at the discretion of the Director to modify existing health facilities
to provide isolation or quarantine space, to purchase and install
updated equipment necessary, and for maintenance and improvement
projects necessary to the purposes specified in this Act: Provided
further, That such amounts may be used to supplement amounts otherwise
available for such purposes 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 none of the funds appropriated herein for
telehealth broadband activities shall be available for obligation until
3 days after the Indian Health Service provides to the Committees on
Appropriations of the House of Representatives and the Senate, a
detailed spend plan that includes the cost, location, and expected
completion date of each activity: Provided further, That the Indian
Health Service shall notify the Committees on Appropriations of the
House of Representatives and the Senate quarterly on the obligations
and expenditures of the funds provided by this Act: Provided further,
That section 11008 of this Act shall not apply to tribal contracts
entered into by the Bureau of Indian Affairs with this appropriation:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
National Foundation on the Arts and Humanities
National Endowment for the Arts
grants and administration
For an additional amount for ``Grants and Administration'',
$10,000,000 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 arts
agencies and regional arts organizations and 60 percent of such funds
shall be for direct grants: Provided further, That notwithstanding any
other provision of law, such funds may also be used by the recipients
of such grants for purposes of the general operations of such
recipients: Provided further, That the matching requirements under
subsections (e), (g)(4)(A), and (p)(3) of section 5 of the National
Foundation on the Arts and Humanities Act of 1965 (20 U.S.C. 954) may
be waived with respect to such grants: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
National Endowment for the Humanities
grants and administration
For an additional amount for ``Grants and Administration'',
$10,000,000 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 notwithstanding any other provision of law, such
funds may also be used by the recipients of such grants for purposes of
the general operations of such recipients: Provided further, That the
matching requirements under subsection (h)(2)(A) of section 7 of the
National Foundation on the Arts and Humanities Act of 1965 may be
waived with respect to such grants: Provided further, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
TITLE VI--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(including transfer of funds)
For an additional amount for ``Training and Employment Services'',
$2,040,000,000, to prevent, prepare for, and respond to coronavirus, of
which $15,000,000 shall be transferred to ``Program Administration'' to
carry out activities in this Act, Public Law 116-127 and Public Law
116-136 for full-time equivalent employees, information technology
upgrades needed to expedite payments and support implementation,
including to expedite policy guidance and disbursement of funds,
technical assistance and other assistance to States and territories to
speed payment of Federal and State unemployment benefits,and of which
the remaining amounts shall be used to carry out activities under the
Workforce Innovation and Opportunity Act (referred to in this Act as
``WIOA'') as follows:
(1) $485,000,000 for grants to the States for adult
employment and training activities, including incumbent worker
trainings, transitional jobs, on-the-job training,
individualized career services, supportive services, needs-
related payments, and to facilitate remote access to training
services provided through a one-stop delivery system through
the use of technology, to remain available until June 30, 2021:
Provided, That an adult shall not be required to meet the
requirements of section 134(c)(3)(B) of the WIOA: Provided
further, That an adult who meets the requirements described in
section 2102(a)(3)(A) of Public Law 116-136 may be eligible for
participation: Provided further, That priority may be given to
individuals who are adversely impacted by economic changes due
to the coronavirus, including individuals seeking employment,
dislocated workers, individuals with barriers to employment,
individuals who are unemployed, or individuals who are
underemployed;
(2) $518,000,000 for grants to the States for youth
activities, including supportive services, summer employment
for youth, and to facilitate remote access to training services
provided through a one-stop delivery system through the use of
technology, to remain available until June 30, 2021: Provided,
That individuals described in section 2102(a)(3)(A) of Public
Law 116-136 may be eligible for participation as an out-of-
school youth if they meet the requirements of clauses (i) and
(ii) of section 129(a)(1)(B) or as in-school youth if they meet
the requirements of clauses (i) and (iii) of section
129(a)(1)(C) of the WIOA; Provided further, That priority
shall be given for out-of-school youth and youth with multiple
barriers to employment: Provided further, That funds shall
support employer partnerships for youth employment and
subsidized employment, and partnerships with community-based
organizations to support such employment;
(3) $597,000,000 for grants to States for dislocated worker
employment and training activities, including incumbent worker
trainings, transitional jobs, on-the-job training,
individualized career services, supportive services, needs-
related payments, and to facilitate remote access to training
services provided through a one-stop delivery system through
the use of technology, to remain available until June 30, 2021:
Provided, That a dislocated worker shall not be required to
meet the requirements of section 134(c)(3)(B) of the WIOA:
Provided further, That a dislocated worker who meets the
requirements described in section 2102(a)(3)(A) of Public Law
116-136 may be eligible for participation;
(4) $400,000,000 for the dislocated workers assistance
national reserve to remain available until September 30, 2023;
and
(5) $25,000,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including emergency
supportive services, to remain available until June 30, 2021,
of which no less than $500,000 shall be for the collection and
dissemination of electronic and printed materials related to
coronavirus to the migrant and seasonal farmworker population
nationwide, including Puerto Rico, through a cooperative
agreement;
Provided, That the impact of the COVID-19 national emergency may be
considered as an additional factor for reimbursement for on-the-job
training under section 134(c)(3)(H) of the WIOA and as a factor in
determining the employer's portion of the costs of providing customized
training under section 3(14) of the WIOA: Provided further, That
notwithstanding section 134(d)(5) of the WIOA, a local board may use 40
percent of funds received under paragraphs (1) and (3) for transitional
jobs: Provided further, That notwithstanding section 194(10) of the
WIOA, that funds used to support transitional jobs may also be used to
support public service employment: Provided further, That sections
127(b)(1)(C)(iv)(III), 132(b)(1)(B)(iv)(III), and 132(b)(2)(B)(iii)(II)
shall not apply to funds appropriated 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.
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, 2021, to prevent,
prepare for, and respond to coronavirus, including for the
administration, oversight, and coordination of worker protection
activities related thereto: Provided, That the Secretary of Labor
shall use funds provided under this heading to support enforcement
activities and outreach efforts to make individuals, particularly low-
wage workers, aware of their rights under division C and division E of
Public Law 116-127: 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.
Occupational Safety and Health Administration
salaries and expenses
For an additional amount for ``Occupational Safety and Health
Administration'', $100,000,000, to remain available until September 30,
2021, for worker protection and enforcement activities to prevent,
prepare for, and respond to coronavirus, of which $25,000,000 shall be
for Susan Harwood training grants and at least $70,000,000 shall be to
hire additional compliance safety and health officers, and for state
plan enforcement, to protect workers from coronavirus by enforcing all
applicable standards and directives, including 29 CFR 1910.132, 29 CFR
1910.134, Section 5(a)(1) of the Occupational Safety and Health Act of
1970, and 29 CFR 1910.1030: Provided, That activities to protect
workers from coronavirus supported by funds provided under this heading
includes additional enforcement of standards and directives referenced
in the preceding proviso at slaughterhouses, poultry processing plants,
and agricultural workplaces: Provided further, That within 15 days of
the date of enactment of this Act, the Secretary of Labor shall submit
a spending and hiring plan for the funds made available under this
heading, and a monthly staffing report until all funds are expended, to
the Committees on Appropriations of the House of Representatives and
the Senate: Provided further, That within 15 days of the date of
enactment of this Act, the Secretary of Labor shall submit a plan for
the additional enforcement activities described in the third proviso to
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.
Office of Inspector General
For an additional amount for ``Office of Inspector General'',
$5,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus. Provided, That such amount is
designated by the Congress as 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--department of labor
Sec. 10601. There is hereby appropriated for fiscal year 2021 for
``Department of Labor--Employment Training Administration--State
Unemployment Insurance and Employment Service Operations'',
$28,600,000, to be expended from the Employment Security Administration
Account in the Unemployment Trust Fund (``the Trust Fund'') to carry
out title III of the Social Security Act: Provided, That such amount
shall only become available for obligation if the Average Weekly
Insured Unemployment (``AWIU'') for fiscal year 2021 is projected, by
the Department of Labor during fiscal year 2021 to exceed 1,728,000:
Provided further, That to the extent that the AWIU for fiscal year 2021
is projected by the Department of Labor to exceed 1,728,000, an
additional $28,600,000 from the Trust Fund shall be made available for
obligation during fiscal year 2021 for every 100,000 increase in the
AWIU level (including a pro rata amount for any increment less than
100,000): Provided further, That, except as specified in this section,
amounts provided herein shall be available under the same authority and
conditions applicable to funds provided to carry out title III of the
Social Security Act under the heading ``Department of Labor--Employment
Training Administration--State Unemployment Insurance and Employment
Service Operations'' in division A of Public Law 116-94: Provided
further, That such amounts shall be in addition to any other funds made
available in any fiscal year 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.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For an additional amount for ``Primary Health Care'',
$7,600,000,000, to remain available until September 30, 2025, 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
grants to Federally qualified health centers, as defined in section
1861(aa)(4)(B) of the Social Security Act, and for eligible entities
under the Native Hawaiian Health Care Improvement Act, including
maintenance or expansion of health center and system 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 funds
provided under this heading in this Act may be used to (1) purchase
equipment and supplies to conduct mobile testing for SARS-CoV-2 or
COVID-19; (2) purchase and maintain mobile vehicles and equipment to
conduct such testing; and (3) hire and train laboratory personnel and
other staff to conduct such mobile testing: 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'',
$10,000,000, to remain available until September 30, 2022, 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 the Secretary may waive
any penalties and administrative requirements as necessary to ensure
that the funds may be used efficiently: 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'', $2,130,000,000, to remain available until September 30,
2024, to prevent, prepare for, and respond to coronavirus, domestically
or internationally: Provided, That of the amount provided under this
heading in this Act, $1,000,000,000 shall be for Public Health
Emergency Preparedness cooperative agreements under section 319C-1 of
the Public Health Service Act: Provided further, That, of the amount
provided under this heading in this Act, $1,000,000,000 shall be for
necessary expenses for grants for core public health infrastructure for
State, local, Territorial, or Tribal health departments as described in
section 30550 of division C of this Act: Provided further, That of the
amount made available under this heading in this Act for specified
programs, not less than $100,000,000 shall be allocated to tribes,
tribal organizations, urban Indian health organizations, or health
service providers to tribes: Provided further, That of the amount
provided under this heading in this Act, $130,000,000 shall be for
public health data surveillance and analytics infrastructure
modernization: Provided further, That funds appropriated under this
heading in this Act for grants may be used 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 all
construction, alteration, or renovation work, carried out, in whole or
in part, with funds appropriated under this heading in this Act, or
under this heading in the CARES ACT (P.L. 116-136), shall be subject to
the requirements of 42 U.S.C. 300s-1(b)(1)(I): 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 institute of allergy and infectious diseases
For an additional amount for ``National Institute of Allergy and
Infectious Diseases'', $500,000,000, to remain available until
September 30, 2024, 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 institute of mental health
For an additional amount for ``National Institute of Mental
Health'', $200,000,000, to remain available until September 30, 2024,
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 the director
(including transfer of funds)
For an additional amount for ``Office of the Director'',
$4,021,000,000, to remain available until September 30, 2024, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally: Provided. That not less than $3,000,000,000 of the
amount provided under this heading in this Act shall be for offsetting
the costs related to reductions in lab productivity resulting from the
coronavirus pandemic or public health measures related to the
coronavirus pandemic: Provided further, That up to $1,021,000,000 of
the amount provided under this heading in this Act shall be to support
additional scientific research or the programs and platforms that
support research: Provided further, That funds made available under
this heading in this Act may be transferred to the accounts of the
Institutes and Centers of the National Institutes of Health (``NIH''):
Provided further, That this transfer authority is in addition to any
other transfer authority available to the NIH: 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'', $3,000,000,000, to remain available until September 30,
2021, to prevent, prepare for, and respond to coronavirus: Provided,
That of the funds made available under this heading in this Act,
$1,500,000,000 shall be for grants for the substance abuse prevention
and treatment block grant program under subpart II of part B of title
XIX of the Public Health Service Act (``PHS Act''): Provided further,
That of the funds made available under this heading in this Act,
$1,000,000,000 shall be for grants for the community mental health
services block grant program under subpart I of part B of title XIX of
the PHS Act: Provided further, That of the funds made available under
this heading in this Act, $100,000,000 shall be for services to the
homeless population: Provided further, That of the funds made
available under this heading in this Act, $100,000,000 shall be for
activities and services under Project AWARE: Provided further, That of
the funds made available under this heading in this Act, $10,000,000
shall be for the National Child Traumatic Stress Network: Provided
further, That of the amount made available under this heading in this
Act, $265,000,000 is available for activities authorized under section
501(o) of the Public Health Service Act: Provided further, That of the
amount made available under this heading in this Act, $25,000,000 shall
be for the Suicide Lifeline and Disaster Distress Helpline: Provided
further, That of the amount made available under this heading in this
Act for specified programs, not less than $150,000,000 shall be
allocated to tribes, tribal organizations, urban Indian health
organizations, or health or behavioral health service providers to
tribes: Provided further, That the Substance Abuse and Mental Health
Services Administration has flexibility to amend allowable activities,
timelines, and reporting requirements for the Substance Abuse
Prevention and Treatment Block Grant and the Community Mental Health
Services Block Grant pursuant to the public health emergency
declaration: 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'', $150,000,000,
to remain available through September 30, 2022, to prevent, prepare
for, and respond to coronavirus, for State strike teams for resident
and employee safety in skilled nursing facilities and nursing
facilities, including activities to support clinical care, infection
control, and staffing: Provided, That such amount is designated by the
Congress as 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'',
$1,500,000,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus, 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, $750,000,000 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
each grantee that receives an allotment of funds made available under
this heading in this Act shall, for purposes of income eligibility,
deem to be eligible any household that documents job loss or severe
income loss dated after February 29, 2020, such as a layoff or furlough
notice or verification of application for unemployment benefits:
Provided further, That the limitation in section 2605(b)(9)(A) of the
Low-Income Home Energy Assistance Act of 1981, regarding planning and
administering the use of funds, shall apply to funds provided under
this heading in this Act by substituting ``12.5 percent'' for ``10
percent'': 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'', $7,000,000,000, 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
within the United States (including territories) without regard to
requirements in sections 658E(c)(3)(D)-(E) or section 658G of the Child
Care and Development Block Grant Act: Provided, That funds provided
under this heading in this Act may be used for costs of providing
relief from copayments and tuition payments for families and for paying
that portion of the child care provider's cost ordinarily paid through
family copayments, to provide continued payments and assistance to
child care providers in the case of decreased enrollment or 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 lead agencies
shall, for the duration of the COVID-19 public health emergency,
implement enrollment and eligibility policies that support the fixed
costs of providing child care services by delinking provider
reimbursement rates from an eligible child's absence and a provider's
closure due to the COVID-19 public health emergency: 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 Child
Care and Development Block Grant Act for the purposes provided herein:
Provided further, That States, Territories, and Tribes are authorized
to use funds appropriated under this heading in this Act to provide
child care assistance to health care sector employees, emergency
responders, sanitation workers, farmworkers, and other workers deemed
essential during the response to coronavirus by public officials,
without regard to the income eligibility requirements of section
658P(4) of such Act: Provided further, That funds appropriated under
this heading in this Act shall be available to eligible child care
providers under section 658P(6) of the CCDBG Act, even if such
providers were not receiving CCDBG assistance prior to the public
health emergency as a result of the coronavirus, for the purposes of
cleaning and sanitation, and other activities necessary to maintain or
resume the operation of programs: Provided further, That no later than
60 days after the date of enactment of this Act, each State, Territory,
and Tribe that receives funding under this heading in this Act shall
submit to the Secretary a report, in such manner as the Secretary may
require, describing how the funds appropriated under this heading in
this Act will be spent and that no later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Education and Labor of the House of Representatives, and
the Committee on Health, Education, Labor, and Pensions of the Senate a
report summarizing such reports from the States, Territories, and
Tribes: Provided further, That no later than October 31, 2021, each
State, Territory, and Tribe that receives funding under this heading in
this Act shall submit to the Secretary a report, in such manner as the
Secretary may require, describing how the funds appropriated under this
heading in this Act were spent and that no later than 60 days after
receiving such reports from the States, Territories, and Tribes, the
Secretary shall submit to the Committees on Appropriations of the House
of Representatives and the Senate, the Committee on Education and Labor
of the House of Representatives, and the Committee on Health,
Education, Labor, and Pensions of the Senate a report summarizing such
reports from the States, Territories, and Tribes: Provided further,
That payments made under this heading in this Act may be obligated in
this fiscal year or the succeeding two fiscal years: Provided further,
That funds appropriated under this heading in this Act may be made
available to restore amounts, either directly or through reimbursement,
for obligations incurred to prevent, prepare for, and respond to
coronavirus, prior to the date of enactment of this Act: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
children and families services programs
For an additional amount for ``Children and Families Services
Programs'', $1,590,000,000, to remain available until September 30,
2021, to prevent, prepare for, and respond to coronavirus, which shall
be used as follows:
(1) $50,000,000 for Family Violence Prevention and Services
grants as authorized by section 303(a) and 303(b) of the Family
Violence Prevention and Services Act with such funds available
to grantees without regard to matching requirements under
section 306(c)(4) of such Act, of which $2,000,000 shall be for
the National Domestic Violence Hotline: Provided, That the
Secretary of Health and Human Services may make such funds
available for providing temporary housing and assistance to
victims of family, domestic, and dating violence;
(2) $20,000,000 for necessary expenses for community-based
grants for the prevention of child abuse and neglect under
section 209 of the Child Abuse Prevention and Treatment Act,
which the Secretary shall make without regard to sections
203(b)(1) and 204(4) of such Act; and
(3) $20,000,000 for necessary expenses for the Child Abuse
Prevention and Treatment Act State Grant program as authorized
by Section 112 of such Act;
(4) $1,500,000,000 for necessary expenses for grants to
carry out the Low-Income Household Drinking Water and
Wastewater Assistance program, as described in section 190703
of division S of this Act.
Provided, That funds made available under this heading in this Act
may be used for the purposes provided herein to reimburse costs
incurred between January 20, 2020, and the date of award: Provided
further, That funds appropriated by the CARES Act (P.L.116-136) to
carry out the Community Services Block Grant Act (42 U.S.C. 9901 et
seq.) and received by a State shall be made available to eligible
entities (as defined in section 673(1)(A) of such Act (42 U.S.C.
9902(1)(A)) not later than either 30 days after such State receives
such funds or 30 days after the date of the enactment of this Act,
whichever occurs later: 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'', $100,000,000, to remain available until September 30, 2021,
to prevent, prepare for, and respond to the coronavirus: Provided,
That of the amount made available under this heading in this Act,
$85,000,000 shall be for activities authorized under the Older
Americans Act of 1965 (``OAA'') and activities authorized under part B
of title XX of the Social Security Act, including $20,000,000 for
supportive services under part B of title III; $19,000,000 for
nutrition services under subparts 1 and 2 of part C of title III;
$1,000,000 for nutrition services under title VI; $20,000,000 for
supportive services for family caregivers under part E of title III;
$10,000,000 for evidence-based health promotion and disease prevention
services under part D of title III; $10,000,000 for elder rights
protection activities, including the long-term ombudsman program under
title VI; and $5,000,000 shall be for grants to States to support the
network of statewide senior legal services, including existing senior
legal hotlines, efforts to expand such hotlines to all interested
States, and legal assistance to providers, in order to ensure seniors
have access to legal assistance, with such fund allotted to States
consistent with paragraphs (1) through (3) of section 304(a) of the
OAA: Provided further, That State 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 of the amount
made available under this heading in this Act, $10,000,000 shall be for
activities authorized in the Developmental Disabilities Assistance and
Bill of Rights Act of 2000: Provided further, That of the amount made
available under this heading in this Act, $5,000,000 shall be for
activities authorized in the Assistive Technology Act of 2004:
Provided further, That of the amount made available in the preceding
proviso, $5,000,000 shall be for the purchase of equipment to allow
interpreters to provide appropriate and essential services to the
hearing-impaired community: Provided further, That for the purposes of
the funding provided in the preceding proviso, during the emergency
period described in section 1135(g)(1)(B) of the Social Security Act,
for purposes of section 4(e)(2)(A) of the Assistive Technology Act of
2004, the term ``targeted individuals and entities'' (as that term is
defined in section 3(16) of the Assistive Technology Act of 2004) shall
be deemed to include American Sign Language certified interpreters who
are providing interpretation services remotely for individuals with
disabilities: Provided further, That during such emergency period, for
the purposes of the previous two provisos, to facilitate the ability of
individuals with disabilities to remain in their homes and practice
social distancing, the Secretary shall waive the prohibitions on the
use of grant funds for direct payment for an assistive technology
device for an individual with a disability under sections 4(e)(2)(A)
and 4(e)(5) of such 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.
Office of the Secretary
public health and social services emergency fund
For an additional amount for ``Public Health and Social Services
Emergency Fund'', $4,575,000,000, to remain available until September
30, 2024, to prevent, prepare for, and respond to coronavirus,
domestically or internationally, including the development of necessary
countermeasures and vaccines, prioritizing platform-based technologies
with U.S.-based manufacturing capabilities, the purchase of vaccines,
therapeutics, diagnostics, necessary medical supplies, as well as
medical surge capacity, addressing blood supply chain, workforce
modernization, telehealth access and infrastructure, initial advanced
manufacturing, novel dispensing, enhancements to the U.S. Commissioned
Corps, and other preparedness and response activities: Provided, That
funds appropriated under this paragraph in this Act may be used to
develop and demonstrate innovations and enhancements to manufacturing
platforms to support such capabilities: Provided further, That the
Secretary of Health and Human Services shall purchase vaccines
developed using funds made available under this paragraph in this Act
to respond to an outbreak or pandemic related to coronavirus in
quantities determined by the Secretary to be adequate to address the
public health need: Provided further, That products purchased by the
Federal government with funds made available under this paragraph in
this Act, including vaccines, therapeutics, and diagnostics, shall be
purchased in accordance with Federal Acquisition Regulation guidance on
fair and reasonable pricing: Provided further, That the Secretary may
take such measures authorized under current law to ensure that
vaccines, therapeutics, and diagnostics developed from funds provided
in this Act will be affordable in the commercial market: Provided
further, That in carrying out the previous proviso, the Secretary shall
not take actions that delay the development of such products: Provided
further, That products purchased with funds appropriated under this
paragraph in this Act may, at the discretion of the Secretary of Health
and Human Services, be deposited in the Strategic National Stockpile
under section 319F-2 of the Public Health Service Act: Provided
further, That funds appropriated under this paragraph in this Act may
be transferred to, and merged with, the fund authorized by section
319F-4, the Covered Countermeasure Process Fund, of the Public Health
Service Act: Provided further, That of the amount made available under
this paragraph in this Act, $3,500,000,000 shall be available to the
Biomedical Advanced Research and Development Authority for necessary
expenses of advanced research, development, manufacturing, production,
and purchase of vaccines and therapeutics: Provided further, That of
the amount made available under this paragraph in this Act,
$500,000,000 shall be available to the Biomedical Advanced Research and
Development Authority for the construction, renovation, or equipping of
U.S.-based next generation manufacturing facilities, other than
facilities owned by the United States Government: Provided further,
That of the amount made available under this paragraph in this Act,
$500,000,000 shall be available to the Biomedical Advanced Research and
Development Authority to promote innovation in antibacterial research
and development: Provided further, That funds made available under
this paragraph 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
appropriated under this paragraph in this Act may be used for the
construction, alteration, renovation or equipping of non-Federally
owned facilities for the production of vaccines, therapeutics,
diagnostics, and medicines and other items purchased under section
319F-2(a) of the Public Health Service Act where the Secretary
determines that such a contract is necessary to assure sufficient
domestic production of such supplies: Provided further, That all
construction, alteration, or renovation work, carried out, in whole or
in part, with fund appropriated under this heading in this Act, the
CARES Act (P.L. 116-136), or the Paycheck Protection Program and Health
Care Enhancement Act (P.L. 116-139), shall be subject to the
requirements of 42 U.S.C. 300s-1(b)(1)(I): Provided further, That not
later than seven days after the date of enactment of this Act, and
weekly thereafter until the public health emergency related to
coronavirus is no longer in effect, the Secretary shall report to the
Committees on Appropriations of the House of Representatives and the
Senate on the current inventory of ventilators and 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 ventilators and 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 by 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 not later than the first Monday in
February of fiscal year 2021 and each fiscal year thereafter, the
Secretary shall include in the annual budget submission for the
Department, and submit to the Congress, the Secretary's request with
respect to expenditures necessary to maintain the minimum level of
relevant supplies in the Strategic National Stockpile, including in
case of a significant pandemic, in consultation with the working group
under section 319F(a) of the Public Health Service Act and the Public
Health Emergency Medical Countermeasures Enterprise established under
section 2811-1 of such 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.
For an additional amount for ``Public Health and Social Services
Emergency Fund'', $100,000,000,000, to remain available until expended,
to prevent, prepare for, and respond to coronavirus, for necessary
expenses to make payments under the Health Care Provider Relief Fund as
described in section 30611 of division C of this Act: Provided, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
For an additional amount for ``Public Health and Social Services
Emergency Fund'', $75,000,000,000, to remain available until expended,
to prevent, prepare for, and respond to coronavirus, for necessary
expenses to carry out the COVID-19 National Testing and Contact Tracing
Initiative, as described in subtitle D of division C of this Act:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF EDUCATION
State Fiscal Stabilization Fund
For an additional amount for ``State Fiscal Stabilization Fund'',
$90,000,000,000, 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 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 65 percent of the funds received
under the sixth proviso as subgrants to local educational agencies in
proportion to the amount of funds such local educational agencies
received under part A of title I of the ESEA in the most recent fiscal
year: Provided further, That States shall allocate 30 percent of the
funds received under the sixth proviso as subgrants to public
institutions of higher education, of which 75 percent shall be
apportioned according to the relative share of students who received
Pell Grants who are not exclusively enrolled in distance education
courses prior to the coronavirus emergency at the institution in the
previous award year and 25 percent shall be apportioned according to
the total enrollment of students at the institution who are not
exclusively enrolled in distance education courses prior to the
coronavirus emergency 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 and subgrants to maintain or restore State and local 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, including the Native Hawaiian
Education Act and the Alaska Native Educational Equity, Support, and
Assistance Act, the Individuals with Disabilities Education Act
(``IDEA''), subtitle B of title VII of the McKinney-Vento Homeless
Assistance Act , 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; support the continuity of student engagement through social
and emotional learning; 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, and reimbursement for eligible costs incurred during the
national emergency: Provided further, That a public institution of
higher education that receives funds under this heading shall use funds
for education and general expenditures (including defraying expenses
due to lost revenue, reimbursement for expenses already incurred, and
payroll) 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 education and the
training of faculty and staff to use such technology and services:
Provided further, That priority shall be given to under-resourced
institutions, institutions with high burden due to the coronavirus, and
institutions who did not possess distance education capabilities prior
to the coronavirus emergency: Provided further, That any institution
of higher education that is not otherwise eligible for a grant of at
least $1,000,000 under this heading 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 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 the Secretary shall issue a notice inviting applications not later
than 15 days after the date of enactment of this Act: Provided
further, That any State receiving funding under this heading shall
maintain its percent of total spending on elementary, secondary, and
postsecondary education in fiscal year 2019 for fiscal years 2020,
2021, and 2022: 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, and that any such
State's support for higher education funding, as calculated as spending
for public higher education per full-time equivalent student, shall be
the same in fiscal year 2022 as it was in fiscal year 2019: 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's application shall include assurances that all
students with disabilities are afforded their full rights under IDEA,
including all rights and services outlined in individualized education
programs (``IEPs''): 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 whose IEPs
require such placement, and where the school district maintains
responsibility for providing such children a free appropriate public
education, as authorized by IDEA: Provided further, That a local
educational agency, State, institution of higher education, or other
entity that receives funds under ``State Fiscal Stabilization Fund'',
shall to the greatest extent practicable, continue to pay its employees
and contractors during the period of any disruptions or closures
related to coronavirus: 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 the term ``State'' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico:
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'', $10,150,000,000,
to remain available until September 30, 2021, to prevent, prepare for,
and respond to coronavirus, of which $11,000,000 shall be transferred
to ``National Technical Institute for the Deaf'' to help defray
expenses (which may include lost revenue, reimbursement for expenses
already incurred, technology costs associated with a transition to
distance education, sign language and captioning costs associated with
a transition to distance education, faculty and staff trainings, and
payroll) directly caused by coronavirus and to enable emergency
financial aid 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), of
which $20,000,000 shall be transferred to ``Howard University'' to help
defray expenses (which may include lost revenue, reimbursement for
expenses already incurred, technology costs associated with a
transition to distance education, technology costs associated with a
transition to distance education, faculty and staff trainings, and
payroll) directly related to 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), of which
$11,000,000 shall be transferred to ``Gallaudet University'' to help
defray expenses (which may include lost revenue, reimbursement for
expenses already incurred, technology costs associated with a
transition to distance education, sign language and captioning costs
associated with a transition to distance education, faculty and staff
trainings, and payroll) directly related to 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), and of which
the remaining amounts shall be used to carry out parts A and B of title
III, parts A and B of title V, subpart 4 of part A of title VII, and
part B of title VII of the Higher Education Act of 1965 (``HEA'') as
follows:
(1) $1,708,000,000 for parts A and B of title III, parts A
and B of title V, and subpart 4 of part A of title VII of the
HEA to address needs directly related to coronavirus:
Provided, That such amount shall be allocated by the Secretary
proportionally to such programs covered under this paragraph
and based on the relative share of funding appropriated to such
programs in the Further Consolidated Appropriations Act, 2020
(Public Law 116-94) and distributed to institutions of higher
education as follows:
(A) Except as otherwise provided in subparagraph
(B), for eligible institutions under part B of title
III and subpart 4 of part A of title VII of the Higher
Education Act, the Secretary shall allot to each
eligible institution an amount using the following
formula:
(i) 70 percent according to a ratio
equivalent to the number of Pell Grant
recipients in attendance at such institution at
the end of the school year preceding the
beginning of that fiscal year and the total
number of Pell Grant recipients at all such
institutions;
(ii) 20 percent according to a ratio
equivalent to the total number of students
enrolled at such institution at the end of the
school year preceding the beginning of that
fiscal year and the number of students enrolled
at all such institutions; and
(iii) 10 percent according to a ratio
equivalent to the total endowment size at all
eligible institutions at the end of the school
year preceding the beginning of that fiscal
year and the total endowment size at such
institutions;
(B) For eligible institutions under section 326 of
the Higher Education Act, the Secretary shall allot to
each eligible institution an amount in proportion to
the award received from funding for such institutions
in the Further Consolidated Appropriations Act, 2020
(Public Law 116-94);
(C) For eligible institutions under section 316 of
the Higher Education Act, the Secretary shall allot
funding according to the formula in section 316(d)(3)
of the Higher Education Act;
(D) Notwithstanding section 318(f) of the Higher
Education Act, for eligible institutions under section
318 of the Higher Education Act, the Secretary shall
allot funding according to the formula in section
318(e) of the Higher Education Act;
(E) Except as provided in subparagraphs (C) and
(D), for eligible institutions under part A of title
III of the Higher Education Act and parts A and B of
title V, the Secretary shall issue an application for
eligible institutions to demonstrate unmet need, and
the Secretary shall allow eligible institutions to
apply for funds under one of the programs for which
they are eligible.
(2) $8,400,000,000 for part B of title VII of the HEA for
institutions of higher education (as defined in section 101 or
102(c) of the HEA) to address needs directly related to
coronavirus as follows:
(A) $7,000,000,000 shall be provided to private,
non-profit institutions of higher education
apportioning it--
(i) 75 percent according to the relative
share of enrollment of Federal Pell Grant
recipients who are not exclusively enrolled in
distance education courses prior to the
coronavirus emergency, and
(ii) 25 percent according to the relative
share of the total equivalent enrollment of
students who were not Federal Pell Grant
recipients who are not exclusively enrolled in
distance education courses prior to the
coronavirus emergency.
(B) $1,400,000,000 shall be for institutions of
higher education (as defined in section 101 of the
Higher Education Act) with unmet need related to the
coronavirus, including institutions of higher education
that offer their courses and programs exclusively
through distance education:
Provided, That funds shall be used to make payments to such
institutions to provide emergency grants to students who attended such
institutions at any point during the coronavirus emergency and for any
component of the student's cost of attendance (as defined under section
472 of the HEA), including food, housing, course materials, technology,
health care, and child care): Provided further, That institutions of
higher education may use such funds 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:
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 any institution of higher education
that is not otherwise eligible for a grant of at least $1,000,000 under
paragraph (2)(A) of this heading and has a total enrollment of at least
500 students shall be eligible to receive an amount equal to whichever
is the lesser of the total loss of revenue and increased costs
associated with the coronavirus or $1,000,000: 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.
General Provisions--Department of Education
Sec. 10602. Amounts made available to ``Department of Education--
Office of Inspector General'' in title VIII of division B of Public Law
116-136 are hereby permanently rescinded, and an amount of additional
new budget authority equivalent to the amount rescinded is hereby
appropriated, to remain available until expended, for the same purposes
and under the same authorities as they were originally appropriated,
and shall be in addition to any other funds available for such
purposes: Provided, That the amounts appropriated by this section may
also be used for investigations and are available until expended:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 10603. The Coronavirus Aid, Relief, and Economic Security Act
(P.L. 116-136) is amended by striking section 18001(a)(3): Provided,
That amounts repurposed by this section that were previously designated
by the Congress as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985 are designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Sec. 10604. Section 18005(a) of the Coronavirus Aid, Relief, and
Economic Security Act (P.L. 116-136) is amended by inserting ``with
these funds only for children identified under section 1115(c) of the
ESEA in the school district served by a local educational agency who
are enrolled in private elementary schools and secondary schools''
after ``equitable services'': Provided, That amounts repurposed by
this section that were previously designated by the Congress as an
emergency requirement pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 10605. Section 18004(c) of the Coronavirus Aid, Relief, and
Economic Security Act (P.L. 116-136) is amended by striking ``to cover
any costs associated with significant changes to the delivery of
instruction due to the coronavirus'' and inserting ``to defray expenses
(including lost revenue, reimbursement for expenses already incurred,
technology costs associated with a transition to distance education,
faculty and staff trainings, payroll) incurred by institutions of
higher education.'': Provided, That amounts repurposed by this section
that were previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985 are designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Sec. 10606. With respect to the allocation and award of funds
under this title, the Secretary of Education is prohibited from--
(a) establishing a priority or preference not specified in this
title; and
(b) imposing limits on the use of such funds not specified in this
title.
RELATED AGENCIES
Corporation For National And Community Service
administrative provisions--corporation for national and community
service
Sec. 10607. (a) 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, and an amount of additional new
budget authority equal to the unobligated balances rescinded is hereby
appropriated on September 30, 2020, to remain available until September
30, 2021, for the same purposes and under the same authorities that
they were originally made available in Public Law 116-94, which shall
be in addition to any other funds available for such purposes:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(b) 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, and an amount of additional new budget authority
equal to the unobligated balances rescinded is hereby appropriated on
September 30, 2020, to remain available until September 30, 2021, for
the same purposes and under the same authorities that they were
originally made available in Public Law 116-94, which shall be in
addition to any other funds available for such purposes: Provided,
That any amounts appropriated by the preceding proviso shall not be
subject to the allotment requirements otherwise applicable under
sections 129(a), (b), (d), and (e) of the National and Community
Service Act of 1993: 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.
(c) 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, and an amount of additional new budget
authority equal to the amount rescinded is hereby appropriated on
September 30, 2020, to remain available until September 30, 2021, for
the same purposes and under the same authorities that they were
originally made available in Public Law 116-94, which shall be in
addition to any other funds available for such purposes: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(d)(1) Section 3514(b) of title III of division A of Public Law
116-136 is hereby repealed, and shall be applied hereafter as if such
subsection had never been enacted.
(2)(A) In general.--The budgetary effects of this
subsection are designated as an emergency requirement pursuant
to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 933(g)).
(B) Designation in the senate.--In the Senate, this
subsection 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.
(C) Classification of budgetary effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(7)
and (c)(8) of the Balanced Budget and Emergency Deficit Control
Act of 1985, the budgetary effects of this subsection--
(i) shall not be estimated for purposes of section
251 of such Act; and
(ii) shall be entered on the PAYGO scorecards
maintained pursuant to section 4(d) of the Statutory
Pay As-You-Go Act of 2010.
Institute of Museum and Library Sciences
office of museum and library services: grants and administration
For an additional amount for ``Institute of Museum and Library
Services'', $5,000,000, to remain available until September 30, 2021,
to prevent, prepare for, and respond to coronavirus, including grants
to States, territories, tribes, museums, and libraries, to expand
digital network access, purchase internet accessible devices, provide
technical support services, and for operational expenses: Provided,
That any matching funds requirements for States, tribes, libraries, and
museums are waived for grants provided with funds made available under
this heading in this Act: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Railroad Retirement Board
limitation on administration
For an additional amount for ``Limitation on Administration'',
$4,500,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, including the expeditious
dispensation of railroad unemployment insurance benefits, and to
support full-time equivalents and 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.
limitation on the office of inspector general
For an additional amount for ``Office of the Inspector General'',
$500,000, to remain available until expended, to prevent, prepare for,
and respond to coronavirus, including salaries and expenses necessary
for oversight, investigations and audits of the Railroad Retirement
Board and railroad unemployment insurance benefits funded in this Act
and Public Law 116-136: Provided, That such amount is designated by
the Congress as 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. 10608. 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. 10609. 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. 10610. 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. 10611. Not later than 30 days after the date of enactment of
this Act, the Secretary of Health and Human Services shall provide a
detailed spend plan of anticipated uses of funds made available to the
Department of Health and Human Services in this Act, including
estimated personnel and administrative costs, to the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That such plans shall be updated and submitted to such
Committees every 60 days until September 30, 2024: Provided further,
That the spend plans shall be accompanied by a listing of each contract
obligation incurred that exceeds $5,000,000 which has not previously
been reported, including the amount of each such obligation.
Sec. 10612. No later than September 30, 2020, the remaining
unobligated balances of funds made available through September 30,
2020, under the heading ``National Institutes of Health'' in the
Further Consolidated Appropriations Act, 2020 (Public Law 116-94) are
hereby permanently rescinded, and an amount of additional new budget
authority equivalent to the amount rescinded from each account is
hereby appropriated to that account, to remain available until
September 30, 2021, and shall be available for the same purposes, in
addition to other funds as may be available for such purposes, and
under the same authorities for which the funds were originally provided
in Public Law 116-94: Provided, That such amount is designated by the
Congress as 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. 10613. Funds made available in Public Law 113-235 to the
accounts of the National Institutes of Health that were available for
obligation through fiscal year 2015 and were obligated for multi-year
research grants shall be available through fiscal year 2021 for the
liquidation of valid obligations if the Director of the National
Insitutes of Health determines the project suffered an interruption of
activities attributable to SARS-CoV-2: Provided, That such amount is
designated by the Congress as 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. 10614. Of the funds appropriated by this title under the
heading ``Public Health and Social Services Emergency Fund'',
$75,000,000 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.
TITLE VII--LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
For an additional amount for the ``House of Representatives'',
$5,000,000, to remain available until September 30, 2021, for necessary
expenses to prevent, prepare for, and respond to coronavirus:
Provided, That the amounts made available under this heading in this
Act shall 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
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.
Government Accountability Office
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$30,000,000, to remain available until expended, for audits and
investigations relating to COVID-19 or similar pandemics, as well as
any related stimulus funding to assist the Nation's response to health
and economic vulnerabilities to pandemics: 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.
TITLE VIII--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS
DEPARTMENT OF STATE
Administration of Foreign Affairs
office of inspector general
For an additional amount for ``Office of Inspector General'',
$2,000,000, to remain available until September 30, 2022, for oversight
of funds administered by the Department of State and made available to
prevent, prepare for, and respond to coronavirus by this title and by
prior acts: Provided, That such amount is designated by the Congress
as 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. 10801. Section 21005 of the Emergency Appropriations for
Coronavirus Health Response and Agency Operations (division B of Public
Law 116-136) is amended by inserting at the end before the period ``and
is further amended by striking `$5,563,619' in the second proviso under
the heading `Repatriation Loans Program Account' and inserting in lieu
thereof `$15,563,619'''.
Sec. 10802. Section 21009 of the Emergency Appropriations for
Coronavirus Health Response and Agency Operations (division B of Public
Law 116-136) is amended by striking ``fiscal year 2020'' and inserting
in lieu thereof ``fiscal years 2020 and 2021'': Provided, That the
amount provided by this section is designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE IX
TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
operations
For an additional amount for ``Operations'', $75,000,000, to remain
available until September 30, 2022, to prevent, prepare for, and
respond to coronavirus: Provided, That amounts made available under
this heading in this Act shall be derived from the general fund, of
which not less than $1,000,000 shall be for the Administrator to seek
to enter into an agreement not later than 45 days after the date of
enactment of this Act with a research organization established under
chapter 1503 of title 36, United States Code, to conduct a study to
determine whether the environmental controls systems in commercial
airliners recirculate pathogens in the cabin air and to assess existing
and potential technological solutions to reduce pathogen recirculation
and to mitigate any elevated risk of exposure to pathogens in the cabin
air: 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 Highway Administration
highway infrastructure programs
For an additional amount for ``Highway Infrastructure Programs'',
$15,000,000,000, to remain available until expended: Provided, That
the funds made available under this heading shall be derived from the
general fund, shall be in addition to any funds provided for fiscal
year 2020 in this or any other Act for ``Federal-aid Highways'' under
chapters 1 or 2 of title 23, United States Code, and shall not affect
the distribution or amount of funds provided in any other Act:
Provided further, That notwithstanding chapter 1 of title 23, United
States Code, or any other provision of law, a State, territory, Puerto
Rico, or Indian Tribe may use funds made available under this heading
in this Act for activities eligible under section 133(b) of title 23,
United States Code, for administrative and operations expenses,
including salaries of employees (including those employees who have
been placed on administrative leave) or contractors, information
technology needs, and availability payments: Provided further, That of
the funds made available under this heading, $14,775,000,000 shall be
available for States, $150,000,000 shall be available for the Tribal
Transportation Program, as described in section 202 of title 23, United
States Code, $60,000,000 shall be available for the Puerto Rico Highway
Program, as described in section 165(b)(2)(C)(iii) of such title; and
$15,000,000 shall be available for under the Territorial Highway
Program, as described in section 165(c)(6) of such title: Provided
further, That for the purposes of funds made available under this
heading the term ``State'' means any of the 50 States or the District
of Columbia: Provided further, That the funds made available under
this heading for States shall be apportioned to States in the same
ratio as the obligation limitation for fiscal year 2020 was distributed
among the States in accordance with the formula specified in section
120(a)(5) of division H of Public Law 116-94 and shall be apportioned
not later than 30 days after the date of enactment of this Act:
Provided further, That the funds made available under this heading
shall be administered as if apportioned under chapter 1 of title 23,
United States Code, except that activities eligible under the Tribal
Transportation Program shall be administered as if allocated under
chapter 2 of title 23, United States Code: Provided further, That
funds apportioned to a State under this heading shall be suballocated
within the State to areas described in subsection 133(d)(1)(A)(i) of
title 23, United States Code, in the same ratio that funds suballocated
to those areas for fiscal year 2020 bears to the total amount of funds
apportioned to the State for the Federal-aid highway program under
section 104 of such title for fiscal year 2020: Provided further, That
of funds made available under this heading for activities eligible
under section 133(b) of title 23, United States Code, any such activity
shall be subject to the requirements of section 133(i) of such title:
Provided further, That, except as provided in the following proviso,
the funds made available under this heading for activities eligible
under the Puerto Rico Highway Program and activities eligible under the
Territorial Highway Program shall be administered as if allocated under
sections 165(b) and 165(c), respectively, of such title: Provided
further, That the funds made available under this heading for
activities eligible under the Puerto Rico Highway Program shall not be
subject to the requirements of sections 165(b)(2)(A) or 165(b)(2)(B) of
such title: Provided further, That for amounts subject to the
obligation limitation under the heading ``Department of
Transportation--Federal Highway Administration--Federal-aid Highways--
(Limitation on Obligations)--(Highway Trust Fund)'' in Public Law 116-
94 for fiscal year 2020 that are obligated after the date of enactment
of this Act, and for any amounts made available under this heading in
this Act, the Federal share of the costs shall be, at the option of the
State, District of Columbia, territory, Puerto Rico, or Indian Tribe,
up to 100 percent, and may be available for administrative and
operations expenses, including salaries of employees (including those
employees who have been placed on administrative leave) or contractors,
information technology needs, and availability payments: Provided
further, That section 120(c) of Public Law 116-94 shall not apply for
fiscal year 2020, and that amounts that would otherwise have been
redistributed by section 120(c) shall be retained by States and shall
be available for their original purpose until September 30, 2021,
except that such amounts shall be subject to such redistribution in
fiscal year 2021: Provided further, That amounts made available under
section 147 of title 23, United States Code, for fiscal years 2019 and
2020 are available for the administrative and operating expenses of
eligible entities related to the response to a coronavirus public
health emergency beginning on January 20, 2020, reimbursement for
administrative and operating costs to maintain service including the
purchase of personal protective equipment, and paying the
administrative leave of operations personnel due to reductions in
service: Provided further, That funds made available for
administrative and operating expenses authorized for fiscal year 2020
in Public Law 116-94 or in this Act under this heading are not required
to be included in a transportation improvement program or a statewide
transportation improvement program under sections 134 or 135 of title
23, United States Code, or chapter 53 of title 49, United States Code,
as applicable: Provided further, That unless otherwise specified,
applicable requirements under title 23, United States Code, shall apply
to funds made available under this heading: Provided further, That the
Administrator of the Federal Highway Administration may retain up to
one half of one percent of the funds made available under this heading
to fund the oversight by the Administrator of activities carried out
with funds made available 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.
Federal Transit Administration
public transportation emergency relief
For an additional amount for ``Public Transportation Emergency
Relief'', $15,750,000,000, to remain available until expended, to
prevent, prepare for, and respond to coronavirus: Provided, That of
the amounts appropriated under this heading in this Act--
(1) $11,750,000,000 shall be for grants to urbanized areas
with populations over 3,000,000 and shall be allocated in the
same ratio as funds were provided in fiscal year 2020:
Provided, That 15 percent of the amounts provided in this
paragraph shall be allocated as if such funds were provided
under section 5307 of title 49, United States Code and
apportioned in accordance with section 5338 of such title
(other than subsection (b)(3) and (c)(1)(A)) and 85 percent of
the amounts provided in this paragraph shall be allocated under
section 5337 of such title and apportioned in accordance with
such section: Provided further, That funds provided under
section 5337 shall be added to funds apportioned under section
5307 for administration in accordance with provisions under
section 5307: Provided further, That for urbanized areas with
multiple subrecipients, funds provided under section 5337 in
this paragraph shall be distributed among subrecipients using
the same ratio used to distribute funds made available for
section 5337 in fiscal year 2020; and
(2) $4,000,000,000 shall be for grants to transit agencies
that, as a result of coronavirus, require significant
additional assistance to maintain basic transit services:
Provided, That such funds shall be administered as if they were
provided under section 5324 of title 49, United States Code:
Provided further, That any recipient or subrecipient of funds
under chapter 53 of title 49, United States Code, or an
intercity bus service provider that has, between October 1,
2018 and January 20, 2020, partnered with a recipient or
subrecipient in order to meet the requirements of section
5311(f) of such title shall be eligible to directly apply for
funds under this paragraph: Provided further, That entities
that are not recipients or subrecipients of funds under chapter
53 of title 49 but are eligible for grants under this heading
in this Act shall be eligible to receive not more than 18.75
percent of the total funds provided under this paragraph:
Provided further, That such entities shall use assistance
provided under this heading only for workforce retention or,
the recall or rehire of any laid off, furloughed, or terminated
employee, associated with the provision of bus service:
Provided further, That, the Secretary shall issue a Notice of
Funding Opportunity not later than 30 days after the date of
enactment of this Act and that such Notice of Funding
Opportunity shall require application submissions not later
than 45 days after the enactment of this Act: Provided
further, That the Secretary shall make awards not later than 45
days after the application deadline: Provided further, That
the Secretary shall require grantees to provide estimates of
financial need, data on reduced ridership, and a spending plan
for funds: Provided further, That when evaluating applications
for assistance, the Secretary shall give priority to transit
agencies with the largest revenue loss as a percentage of their
operating expenses: Provided further, That if applications for
assistance do not exceed available funds, the Secretary shall
reserve the remaining amounts for grantees to prevent, prepare
for, and respond to coronavirus and shall accept applications
on a rolling basis: Provided further, That if amounts made
available under this heading in this Act remain unobligated on
December 31, 2021, such amounts shall be available for any
purpose eligible under section 5324 of title 49, United States
Code:
Provided further, That the provision of funds under this section
shall not affect the ability of any other agency of the Government,
including the Federal Emergency Management Agency, or State agency, a
local governmental entity, organization, or person, to provide any
other funds otherwise authorized by law: Provided further, That
notwithstanding subsection (a)(1) or (b) of section 5307 of title 49,
United States Code, subsection (a)(1) of section 5324 of such title, or
any provision of chapter 53 of title 49, funds provided under this
heading in this Act are available for the operating expenses of transit
agencies related to the response to a coronavirus public health
emergency, including, beginning on January 20, 2020, reimbursement for
operating costs to maintain service and lost revenue due to the
coronavirus public health emergency, including the purchase of personal
protective equipment, and paying the administrative leave of operations
or contractor personnel due to reductions in service: Provided
further, That to the maximum extent possible, funds made available
under this heading in this Act and in title XII of division B of the
CARES Act (Public Law 116-136) shall be directed to payroll and public
transit service, unless the recipient certifies to the Secretary they
have not furloughed any employees: Provided further, That such
operating expenses are not required to be included in a transportation
improvement program, long-range transportation plan, statewide
transportation plan, or a statewide transportation improvement program:
Provided further, That the Secretary shall not waive the requirements
of section 5333 of title 49, United States Code, for funds appropriated
under this heading in this Act: Provided further, That unless
otherwise specified, applicable requirements under chapter 53 of title
49, United States Code, shall apply to funding made available under
this heading in this Act, except that the Federal share of the costs
for which any grant is made under this heading in this Act shall be, at
the option of the recipient, up to 100 percent: Provided further, That
the amount made available under this heading in this Act shall be
derived from the general fund and shall not be subject to any
limitation on obligations for transit programs set forth in any Act:
Provided further, That not more than one-half of one percent of the
funds for transit infrastructure grants provided under this heading in
this Act shall be available for administrative expenses and ongoing
program management oversight as authorized under sections 5334 and
5338(f)(2) of title 49, United States Code, and shall be in addition to
any other appropriations for such purpose: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
tenant-based rental assistance
(including transfer of funds)
For an additional amount for ``Tenant-Based Rental Assistance'',
$4,000,000,000, to remain available until expended, and to be used
under the same authority and conditions as the additional
appropriations for fiscal year 2020 under this heading in title XII of
division B of the CARES Act (Public Law 116-136), except that any
amounts provided for administrative expenses and other expenses of
public housing agencies for their section 8 programs, including
Mainstream vouchers, under this heading in the CARES Act (Public Law
116-136) and under this heading in this Act shall also be available for
Housing Assistance Payments under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)): Provided, That amounts made
available under this heading in this Act and under the same heading in
title XII of division B of the CARES Act may be used to cover or
reimburse allowable costs incurred to prevent, prepare for, and respond
to coronavirus regardless of the date on which such costs were
incurred: Provided further, That of the amounts made available under
this heading in this Act, $500,000,000 shall be available for
administrative expenses and other expenses of public housing agencies
for their section 8 programs, including Mainstream vouchers: Provided
further, That of the amounts made available under this heading in this
Act, $2,500,000,000 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 of the amounts made available under this heading in this
Act, $1,000,000,000 shall be used for incremental rental voucher
assistance under section 8(o) of the United States Housing Act of 1937
for use by individuals and families who are--homeless, as defined under
section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11302(a)); at risk of homelessness, as defined under section 401(1) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(1)); or
fleeing, or attempting to flee, domestic violence, dating violence,
sexual assault, or stalking: Provided further, That the Secretary
shall allocate amounts made available in the preceding proviso to
public housing agencies not later than 60 days after the date of
enactment of this Act, according to a formula that considers the
ability of the public housing agency to use vouchers promptly and the
need of geographical areas based on factors to be determined by the
Secretary, such as risk of transmission of coronavirus, high numbers or
rates of sheltered and unsheltered homelessness, and economic and
housing market conditions: Provided further, That if a public housing
authority elects not to administer or does not promptly issue all of
its authorized vouchers within a reasonable period of time, the
Secretary shall reallocate any unissued vouchers and associated funds
to other public housing agencies according to the criteria in the
preceding proviso: Provided further, That a public housing agency
shall not reissue any vouchers under this heading in this Act for
incremental rental voucher assistance when assistance for the family
initially assisted is terminated: Provided further, That upon
termination of incremental rental voucher assistance under this heading
in this Act for one or more families assisted by a public housing
agency, the Secretary shall reallocate amounts that are no longer
needed by such public housing agency for assistance under this heading
in this Act to another public housing agency for the renewal of
vouchers previously authorized under this heading in this Act:
Provided further, That amounts made available in this paragraph are in
addition to any other amounts made available for such purposes:
Provided further, That up to 0.5 percent of the amounts made available
under this heading in this Act may be transferred, in aggregate, to
``Department of Housing and Urban Development, Program Offices--Public
and Indian Housing'' to supplement existing resources for the necessary
costs of administering and overseeing the obligation and expenditure of
these amounts, 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.
public housing operating fund
(including transfer of funds)
For an additional amount for ``Public Housing Operating Fund'', as
authorized by section 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(e)), $2,000,000,000, to remain available until September
30, 2021, and to be used under the same authority and conditions as the
additional appropriations for fiscal year 2020 under this heading in
title XII of division B of the CARES Act (Public Law 116-136):
Provided, That amounts made available under this heading in this Act
and under the same heading in title XII of division B of the CARES Act
may be used to cover or reimburse allowable costs incurred to prevent,
prepare for, and respond to coronavirus regardless of the date on which
such costs were incurred: Provided further, That up to 0.5 percent of
the amounts made available under this heading in this Act may be
transferred, in aggregate, to ``Department of Housing and Urban
Development, Program Offices--Public and Indian Housing'' to supplement
existing resources for the necessary costs of administering and
overseeing the obligation and expenditure of these amounts, 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.
Community Planning and Development
housing opportunities for persons with aids
For an additional amount for ``Housing Opportunities for Persons
with AIDS'', $15,000,000, to remain available until September 30, 2021,
and to be used under the same authority and conditions as the
additional appropriations for fiscal year 2020 under this heading in
title XII of division B of the CARES Act (Public Law 116-136):
Provided, That amounts provided under this heading in this Act that are
allocated pursuant to section 854(c)(5) of the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.) shall remain available until September
30, 2022: Provided further, That not less than $15,000,000 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 such amount is designated by the Congress as
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
(including transfer of funds)
For an additional amount for ``Community Development Fund'',
$5,000,000,000, to remain available until September 30, 2023, and to be
used under the same authority and conditions as the additional
appropriations for fiscal year 2020 under this heading in title XII of
division B of the CARES Act (Public Law 116-136): Provided, That such
amount made available under this heading in this Act shall be
distributed pursuant to section 106 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5306) to grantees that received
allocations pursuant to such formula in fiscal year 2020, and that such
allocations shall be made within 30 days of enactment of this Act:
Provided further, That in administering funds under this heading, an
urban county shall consider needs throughout the entire urban county
configuration to prevent, prepare for, and respond to coronavirus:
Provided further, That up to $100,000,000 of amounts made available
under this heading in this Act may be used to make new awards or
increase prior awards to existing technical assistance providers:
Provided further, That of the amounts made available under this heading
in this Act, up to $25,000,000 may be transferred to ``Department of
Housing and Urban Development, Program Offices--Community Planning and
Development'' for necessary costs of administering and overseeing the
obligation and expenditure of amounts under this heading in this Act,
to remain available until September 30, 2028: 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
(including transfer of funds)
For an additional amount for ``Homeless Assistance Grants'',
$11,500,000,000, to remain available until September 30, 2025, 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, and to be used under the same authority and
conditions as the additional appropriations for fiscal year 2020 under
this heading in title XII of division B of the CARES Act (Public Law
116-136): Provided, That $4,000,000,000 of the amount made available
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, remaining
amounts shall be allocated directly to a State or unit of general local
government by the formula specified in the third proviso under this
heading in title XII of division B of the CARES Act (Public Law 116-
136): Provided further, That not later than 90 days after the date of
enactment of this Act and every 60 days thereafter, the Secretary shall
allocate a minimum of an additional $500,000,000, pursuant to the
formula referred to in the preceding proviso, based on the best
available data: Provided further, That up to 0.5 percent of the
amounts made available under this heading in this Act may be
transferred to ``Department of Housing and Urban Development--Program
Offices--Community Planning and Development'' for necessary costs of
administering and overseeing the obligation and expenditure of amounts
under this heading in this Act, to remain available until September 30,
2030: Provided further, That funds made available under this heading
in this Act and under this heading in title XII of division B of the
CARES Act (Public Law 116-136) may be used for eligible activities the
Secretary determines to be critical in order to assist survivors of
domestic violence, sexual assault, dating violence, and stalking or to
assist homeless youth, age 24 and under: Provided further, That
amounts repurposed by this paragraph that were previously designated by
the Congress as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985 are designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985: 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 activities and assistance authorized in section 110201 of the
``COVID-19 HERO 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 Programs
project-based rental assistance
For an additional amount for ``Project-Based Rental Assistance'',
$750,000,000, to remain available until expended, and to be used under
the same authority and conditions as the additional appropriations for
fiscal year 2020 under this heading in title XII of division B of the
CARES Act (Public Law 116-136): Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
housing for the elderly
For an additional amount for ``Housing for the Elderly'',
$500,000,000, to remain available until September 30, 2023, and to be
used under the same authority and conditions as the additional
appropriations for fiscal year 2020 under this heading in title XII of
division B of the CARES Act (Public Law 116-136): Provided, That
notwithstanding the first proviso under this heading in the CARES Act,
$300,000,000 of the amount made available under this heading in this
Act shall be for one-time grants for service coordinators, as
authorized under section 676 of the Housing and Community Development
Act of 1992 (42 U.S.C. 13632), and the continuation of existing
congregate service grants for residents of assisted housing projects:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
housing for persons with disabilities
For an additional amount for ``Housing for Persons with
Disabilities'', $200,000,000, to remain available until September 30,
2023, and to be used under the same authority and conditions as the
additional appropriations for fiscal year 2020 under this heading in
title XII of division B of the CARES Act (Public Law 116-136):
Provided, That such amount is designated by the Congress as 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 counseling assistance
For an additional amount for ``Housing Counseling Assistance'', for
contracts, grants, and other assistance excluding loans, as authorized
under section 106 of the Housing and Urban Development Act of 1968,
$100,000,000, to remain available until September 30, 2022, including
up to $8,000,000 for administrative contract services: Provided, That
funds made available under this heading in this Act shall be used for
providing counseling and advice to tenants and homeowners, both current
and prospective, with respect to property maintenance, financial
management or literacy, foreclosure and eviction mitigation, and such
other matters as may be appropriate to assist them in improving their
housing conditions, meeting their financial needs, and fulfilling the
responsibilities of tenancy or homeownership; for program
administration; and for housing counselor training: Provided further,
That amounts made available under this heading in this Act may be used
to purchase equipment and technology to deliver services through use of
the Internet or other electronic or virtual means in response to the
public health emergency related to the Coronavirus Disease 2019 (COVID-
19) pandemic: Provided further, That for purposes of providing such
grants from amounts provided under this heading, the Secretary may
enter into multiyear agreements, as appropriate, subject to the
availability of annual appropriations: 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'',
$14,000,000, to remain available until September 30, 2022, and to be
used under the same authority and conditions as the additional
appropriations for fiscal year 2020 under this heading in title XII of
division B of the CARES Act (Public Law 116-136): Provided, That of
the funds made available under this heading in this Act, $4,000,000
shall be for Fair Housing Organization Initiative grants through the
Fair Housing Initiatives Program (FHIP), made available to existing
grantees, which may be used for fair housing activities and for
technology and equipment needs to deliver services through use of the
Internet or other electronic or virtual means in response to the public
health emergency related to the Coronavirus Disease 2019 (COVID-19)
pandemic: Provided further, That of the funds made available under
this heading in this Act, $10,000,000 shall be for FHIP Education and
Outreach grants made available to previously-funded national media
grantees and State and local education and outreach grantees, to
educate the public and the housing industry about fair housing rights
and responsibilities during the COVID-19 pandemic: Provided further,
That such grants in the preceding proviso shall be divided evenly
between the national media campaign and education and outreach
activities: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
GENERAL PROVISIONS--THIS TITLE
(including Rescissions)
Sec. 10901. There is hereby appropriated from the General Fund of
the Treasury, for payment to the Airport and Airway Trust Fund, an
amount equal to the amount authorized by section 9502(c) of title 26,
United States Code.
Sec. 10902. Amounts previously made available in the Further
Continuing Appropriations Act, 2013 (Public Law 113-6) for the heading
``Department of Housing and Urban Development--Public and Indian
Housing--Choice Neighborhoods Initiative'' shall remain available for
expenditure for the purpose of paying valid obligations incurred prior
to the expiration of such amounts through September 30, 2021.
Sec. 10903. The provision under the heading ``Office of the
Inspector General--Salaries and Expenses'' in title XII of division B
of the Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136) is amended by striking ``with funds made available in this Act
to'' and inserting ``by'': Provided, That the amounts repurposed in
this section that were previously designated by the Congress as an
emergency requirement pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 10904. (a) Notwithstanding section 51309(a)(1)(B) of title 46,
United States Code, for fiscal year 2020, the Secretary of
Transportation may confer the degree of bachelor of science on an
individual who has not passed the examination for a merchant marine
officer's license due to intervening efforts to prevent, prepare for,
and respond to coronavirus.
(b) The Secretary of Transportation may provide such individual up
to 1 year after receipt of such degree to pass the examination for a
merchant marine officer's license.
(c) Nothing in this section shall be construed to allow the
provision of a license under section 7101 of title 46, United States
Code, to an individual who has not passed the required examination.
Sec. 10905. (a) Notwithstanding section 51506(a)(3) of title 46,
United States Code, for fiscal year 2020, the Secretary of
Transportation may allow a State maritime academy to waive a condition
for graduation for an individual to pass the examination required for
the issuance of a license under section 7101 of title 46, United States
Code, due to intervening efforts to prevent, prepare for, and respond
to coronavirus.
(b) The Secretary of Transportation may provide such individual up
to 1 year after graduation to pass such examination.
(c) Nothing in this section shall be construed to allow the
provision of a license under section 7101 of title 46, United States
Code, to an individual who has not passed the required examination.
Sec. 10906. Amounts made available under the headings ``Project-
Based Rental Assistance,'' ``Housing for the Elderly'' and ``Housing
for Persons With Disabilities'' in title XII of division B of the CARES
Act (Public Law 116-136) and under such headings in this title of this
Act may be used, notwithstanding any other provision of law, to provide
additional funds to maintain operations for such housing, for providing
supportive services, and for taking other necessary actions to prevent,
prepare for, and respond to coronavirus, including to actions to self-
isolate, quarantine, or to provide other coronavirus infection control
services as recommended by the Centers for Disease Control and
Prevention, including providing relocation services for residents of
such housing to provide lodging at hotels, motels, or other locations:
Provided, That the amounts repurposed in this section that were
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 are designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
TITLE X
GENERAL PROVISIONS--THIS DIVISION
Sec. 11001. Not later than 30 days after the date of enactment of
this Act, the head of each executive agency that receives funding in
any division of this Act, or that received funding in the Coronavirus
Preparedness and Response Supplemental Appropriations Act, 2020
(division A of Public Law 116-123), the Second Coronavirus Preparedness
and Response Supplemental Appropriations Act, 2020 (division A of
Public Law 116-127), the CARES Act (Public Law 116-136), or the
Paycheck Protection Program and Health Care Enhancement Act (Public Law
116-139) 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. 11002. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 11003. 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. 11004. 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. 11005. 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. 11006. 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. 11007. (a) Any contract or agreement entered into by an agency
with a State or local government or any other non-Federal entity for
the purposes of providing covered assistance, including any information
and documents related to the performance of and compliance with such
contract or agreement, shall be--
(1) deemed an agency record for purposes of section
552(f)(2) of title 5, United States Code; and
(2) subject to section 552 of title 5, United States Code
(commonly known as the ``Freedom of Information Act'').
(b) In this section--
(1) the term ``agency'' has the meaning given the term in
section 551 of title 5, United States Code; and
(2) the term ``covered assistance''--
(A) means any assistance provided by an agency in
accordance with an Act or amendments made by an Act to
provide aid, assistance, or funding related to the
outbreak of COVID-19 that is enacted before, on, or
after the date of enactment of this Act; and
(B) includes any such assistance made available by
an agency under--
(i) this Act;
(ii) the Paycheck Protection Program and
Health Care Enhancement Act (Public Law 116-
139), or an amendment made by that Act;
(iii) the CARES Act (Public Law 116-136),
or an amendment made by that Act;
(iv) the Families First Coronavirus
Response Act (Public Law 116-127), or an
amendment made by that Act; or
(v) the Coronavirus Preparedness and
Response Supplemental Appropriations Act, 2020
(Public Law 116-123), or an amendment made by
that Act.
Sec. 11008. (a) Notwithstanding any other provision of law and in a
manner consistent with other provisions in any division of this Act,
all laborers and mechanics employed by contractors and subcontractors
on projects funded directly by or assisted in whole or in part by and
through the Federal Government pursuant to any division of this Act
shall be paid wages at rates not less than those prevailing on projects
of a character similar in the locality as determined by the Secretary
of Labor in accordance with subchapter IV of chapter 31 of title 40,
United States Code. With respect to the labor standards specified in
this section, the Secretary of Labor shall have the authority and
functions set forth in Reorganization Plan Numbered 14 of 1950 (64
Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States
Code.
(b) The 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.
budgetary effects
Sec. 11009. (a) Statutory PAYGO Emergency Designation.--The
amounts provided under division B and each succeeding division are
designated as an emergency requirement pursuant to section 4(g) of the
Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
(b) Senate PAYGO Emergency Designation.--In the Senate, division B
and each succeeding division are designated as an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018.
(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--
(1) shall not be estimated for purposes of section 251 of
such Act; and
(2) shall be entered on the PAYGO scorecards maintained
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of
2010.
(d) Ensuring No Within-Session Sequestration.--Solely for the
purpose of calculating a breach within a category for fiscal year 2020
pursuant to section 251(a)(6) or section 254(g) of the Balanced Budget
and Emergency Deficit Control Act of 1985, and notwithstanding any
other provision of this division, the budgetary effects from this
division shall be counted as amounts designated as being for an
emergency requirement pursuant to section 251(b)(2)(A) of such Act.
This division may be cited as the ``Coronavirus Recovery
Supplemental Appropriations Act, 2020''.
DIVISION B--REVENUE PROVISIONS
SEC. 20001. SHORT TITLE.
This division may be cited as the ``COVID-19 Tax Relief Act of
2020''.
TITLE I--ECONOMIC STIMULUS
Subtitle A--2020 Recovery Rebate Improvements
SEC. 20101. DEPENDENTS TAKEN INTO ACCOUNT IN DETERMINING CREDIT AND
REBATES.
(a) In General.--Section 6428(a)(2) of the Internal Revenue Code of
1986 is amended by striking ``qualifying children (within the meaning
of section 24(c))'' and inserting ``dependents (as defined in section
152)''.
(b) Conforming Amendments.--
(1) Section 6428(g) of such Code is amended by striking
``qualifying child'' each place it appears and inserting
``dependent''.
(2) Section 6428(g)(2)(B) of such Code is amended by
striking ``such child'' and inserting ``such dependent''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in section 2201 of the CARES Act.
SEC. 20102. INDIVIDUALS PROVIDING TAXPAYER IDENTIFICATION NUMBERS TAKEN
INTO ACCOUNT IN DETERMINING CREDIT AND REBATES.
(a) In General.--Section 6428(g) of the Internal Revenue Code of
1986, as amended by section 20101 of this Act, is amended to read as
follows:
``(g) Identification Number Requirement.--
``(1) In general.--The $1,200 amount in subsection (a)(1)
shall be treated as being zero unless the taxpayer includes the
TIN of the taxpayer on the return of tax for the taxable year.
``(2) Joint returns.--In the case of a joint return, the
$2,400 amount in subsection (a)(1) shall be treated as being--
``(A) zero if the TIN of neither spouse is included
on the return of tax for the taxable year, and
``(B) $1,200 if the TIN of only one spouse is so
included.
``(3) Dependents.--A dependent shall not be taken into
account under subsection (a)(2) unless the TIN of such
dependent is included on the return of tax for the taxable
year.
``(4) Coordination with certain advance payments.--In the
case of any payment made pursuant to subsection (f)(5)(B), a
TIN shall be treated for purposes of this subsection as
included on the taxpayer's return of tax if such TIN is
provided pursuant to such subsection.
``(5) Mathematical or clerical error authority.--Any
omission of a correct TIN required under this subsection shall
be treated as a mathematical or clerical error for purposes of
applying section 6213(g)(2) to such omission.''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in section 2201 of the CARES Act.
SEC. 20103. 2020 RECOVERY REBATES NOT SUBJECT TO REDUCTION OR OFFSET
WITH RESPECT TO PAST-DUE SUPPORT.
(a) In General.--Section 2201(d)(2) of the CARES Act is amended by
inserting ``(c),'' before ``(d)''.
(b) Effective Date.--The amendment made by this section shall apply
to credits and refunds allowed or made after the date of the enactment
of this Act.
SEC. 20104. PROTECTION OF 2020 RECOVERY REBATES.
(a) In General.--Subsection (d) of section 2201 of the CARES Act,
as amended by the preceding provisions of this Act, is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), and by moving such
subparagraphs 2 ems to the right,
(2) by striking ``Reduction or Offset.--Any credit'' and
inserting ``Reduction, Offset, Garnishment, etc.--
``(1) In general.--Any credit'', and
(3) by adding at the end the following new paragraphs:
``(2) Assignment of benefits.--
``(A) In general.--Any applicable payment shall not
be subject to transfer, assignment, execution, levy,
attachment, garnishment, or other legal process, or the
operation of any bankruptcy or insolvency law, to the
same extent as payments described in section 207 of the
Social Security Act (42 U.S.C. 407) without regard to
subsection (b) thereof.
``(B) Encoding of payments.--As soon as practicable
after the date of the enactment of this paragraph, the
Secretary of the Treasury shall encode applicable
payments that are paid electronically to any account--
``(i) with a unique identifier that is
reasonably sufficient to allow a financial
institution to identify the payment as a
payment protected under subparagraph (A), and
``(ii) pursuant to the same specifications
as required for a benefit payment to which part
212 of title 31, Code of Federal regulations
applies.
``(C) Garnishment.--
``(i) Encoded payments.--Upon receipt of a
garnishment order that applies to an account
that has received an applicable payment that is
encoded as provided in subparagraph (B), a
financial institution shall follow the
requirements and procedures set forth in part
212 of title 31, Code of Federal Regulations.
This paragraph shall not alter the status of
payments as tax refunds or other nonbenefit
payments for purpose of any reclamation rights
of the Department of Treasury or the Internal
Revenue Service as per part 210 of title 31 of
the Code of Federal Regulations.
``(ii) Other payments.--If a financial
institution receives a garnishment order (other
than an order that has been served by the
United States) that applies to an account into
which an applicable payment that has not been
encoded as provided in subparagraph (B) has
been deposited on any date in the prior 60 days
(including any date before the date of the
enactment of this paragraph), the financial
institution, upon the request of the account
holder or for purposes of complying in good
faith with a State order, State law, court
order, or interpretation by a State Attorney
General relating to garnishment order, may, but
is not required to, treat the amount of the
payment as exempt under law from garnishment
without requiring the account holder to assert
any right of garnishment exemption or requiring
the consent of the judgment creditor.
``(iii) Liability.--A financial institution
that complies in good faith with clause (i) or
that acts in good faith in reliance on clause
(ii) shall not be liable under any Federal or
State law, regulation, or court or other order
to a creditor that initiates an order for any
protected amounts, to an account holder for any
frozen amounts or garnishment order applied.
``(D) Definitions.--For purposes of this
paragraph--
``(i) Account holder.--The term `account
holder' means a natural person against whom a
garnishment order is issued and whose name
appears in a financial institution's records.
``(ii) Applicable payment.--The term
`applicable payment' means any payment of
credit or refund by reason of section 6428 of
such Code (as so added) or by reason of
subsection (c) of this section.
``(iii) Garnishment.--The term
`garnishment' means execution, levy,
attachment, garnishment, or other legal
process.
``(iv) Garnishment order.--The term
`garnishment order' means a writ, order,
notice, summons, judgment, levy, or similar
written instruction issued by a court, a State
or State agency, a municipality or municipal
corporation, or a State child support
enforcement agency, including a lien arising by
operation of law for overdue child support or
an order to freeze the assets in an account, to
effect a garnishment against a debtor.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 20105. PAYMENTS TO REPRESENTATIVE PAYEES AND FIDUCIARIES.
(a) In General.--Section 6428(f) of the Internal Revenue Code of
1986 is amended by redesignating paragraph (6) as paragraph (7) and by
inserting after paragraph (5) the following new paragraph:
``(6) Payment to representative payees and fiduciaries.--
``(A) In general.--In the case of any individual
for which payment information is provided to the
Secretary by the Commissioner of Social Security, the
Railroad Retirement Board, or the Secretary of Veterans
Affairs, the payment by the Secretary under paragraph
(3) with respect to such individual may be made to such
individual's representative payee or fiduciary and the
entire payment shall be--
``(i) provided to the individual who is
entitled to the payment, or
``(ii) used only for the benefit of the
individual who is entitled to the payment.
``(B) Application of enforcement provisions.--
``(i) In the case of a payment described in
subparagraph (A) which is made with respect to
a social security beneficiary or a supplemental
security income recipient, section 1129(a)(3)
of the Social Security Act (42 U.S.C. 1320a-
8(a)(3)) shall apply to such payment in the
same manner as such section applies to a
payment under title II or XVI of such Act.
``(ii) In the case of a payment described
in subparagraph (A) which is made with respect
to a railroad retirement beneficiary, section
13 of the Railroad Retirement Act (45 U.S.C.
231l) shall apply to such payment in the same
manner as such section applies to a payment
under such Act.
``(iii) In the case of a payment described
in subparagraph (A) which is made with respect
to a veterans beneficiary, sections 5502, 6106,
and 6108 of title 38, United States Code, shall
apply to such payment in the same manner as
such sections apply to a payment under such
title.''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in section 2201 of the CARES Act.
SEC. 20106. APPLICATION TO TAXPAYERS WITH RESPECT TO WHOM ADVANCE
PAYMENT HAS ALREADY BEEN MADE.
In the case of any taxpayer with respect to whom refund or credit
was made or allowed before the date of the enactment of this Act under
subsection (f) of section 6428 of the Internal Revenue Code of 1986 (as
added by the CARES Act), such subsection shall be applied separately
with respect to the excess (if any) of--
(1) the advance refund amount determined under section
6428(f)(2) of such Code after the application of the amendments
made by this subtitle, over
(2) the amount of such refund or credit so made or allowed.
Subtitle B--Additional Recovery Rebates to Individuals
SEC. 20111. ADDITIONAL RECOVERY REBATES TO INDIVIDUALS.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 is amended by inserting after section 6428 the following
new section:
``SEC. 6428A. ADDITIONAL RECOVERY REBATES 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
additional rebate amount determined for such taxable year.
``(b) Additional Rebate Amount.--For purposes of this section, the
term `additional rebate amount' means, with respect to any taxpayer for
any taxable year, the sum of--
``(1) $1,200 ($2,400 in the case of a joint return), plus
``(2) $1,200 multiplied by the number of dependents of the
taxpayer for such taxable year (not in excess of 3 such
dependents).
``(c) 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.
``(d) Limitation Based on Modified Adjusted Gross Income.--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 5 percent of so much of the taxpayer's modified adjusted
gross income as exceeds--
``(1) $150,000 in the case of a joint return or a surviving
spouse (as defined in section 2(a)),
``(2) $112,500 in the case of a head of household (as
defined in section 2(b)), and
``(3) $75,000 in any other case.
``(e) Definitions and Special Rules.--
``(1) Modified adjusted gross income.--For purposes of this
subsection (other than this paragraph), the term `modified
adjusted gross income' means adjusted gross income determined
without regard to sections 911, 931, and 933.
``(2) Dependent defined.--For purposes of this section, the
term `dependent' has the meaning given such term by section
152.
``(3) 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.
``(4) Identification number requirement.--
``(A) In general.--The $1,200 amount in subsection
(b)(1) shall be treated as being zero unless the
taxpayer includes the TIN of the taxpayer on the return
of tax for the taxable year.
``(B) Joint returns.--In the case of a joint
return, the $2,400 amount in subsection (b)(1) shall be
treated as being--
``(i) zero if the TIN of neither spouse is
included on the return of tax for the taxable
year, and
``(ii) $1,200 if the TIN of only one spouse
is so included.
``(C) Dependents.--A dependent shall not be taken
into account under subsection (b)(2) unless the TIN of
such dependent is included on the return of tax for the
taxable year.
``(D) Coordination with certain advance payments.--
In the case of any payment made pursuant to subsection
(g)(5)(A)(ii), a TIN shall be treated for purposes of
this paragraph as included on the taxpayer's return of
tax if such TIN is provided pursuant to such
subsection.
``(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
(or any dependent of the taxpayer) under subsection (g). Any
failure to so reduce the credit shall be treated as arising out
of a mathematical or clerical error and assessed according to
section 6213(b)(1).
``(2) Joint returns.--In the case of a refund or credit
made or allowed under subsection (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.--Subject to paragraph (5), each
individual who was an eligible individual for such individual's
first taxable year beginning in 2019 shall be treated as having
made a payment against the tax imposed by chapter 1 for such
taxable year in an amount equal to the advance refund amount
for such taxable year.
``(2) Advance refund amount.--For purposes of paragraph
(1), the advance refund amount is the amount that would have
been allowed as a credit under this section for such taxable
year if this section (other than subsection (f) and this
subsection) had applied to such taxable year.
``(3) Timing and manner of payments.--
``(A) Timing.--The Secretary shall, subject to the
provisions of this title, refund or credit any
overpayment attributable to this section as rapidly as
possible. No refund or credit shall be made or allowed
under this subsection after December 31, 2020.
``(B) Delivery of payments.--Notwithstanding any
other provision of law, the Secretary may certify and
disburse refunds payable under this subsection
electronically to any account to which the payee
authorized, on or after January 1, 2018, the delivery
of a refund of taxes under this title or of a Federal
payment (as defined in section 3332 of title 31, United
States Code).
``(C) Waiver of certain rules.--Notwithstanding
section 3325 of title 31, United States Code, or any
other provision of law, with respect to any payment of
a refund under this subsection, a disbursing official
in the executive branch of the United States Government
may modify payment information received from an officer
or employee described in section 3325(a)(1)(B) of such
title for the purpose of facilitating the accurate and
efficient delivery of such payment. Except in cases of
fraud or reckless neglect, no liability under sections
3325, 3527, 3528, or 3529 of title 31, United States
Code, shall be imposed with respect to payments made
under this subparagraph.
``(4) No interest.--No interest shall be allowed on any
overpayment attributable to this section.
``(5) Application to individuals who do not file a return
of tax for 2019.--
``(A) In general.--In the case of an individual
who, at the time of any determination made pursuant to
paragraph (3), has not filed a tax return for the year
described in paragraph (1), the Secretary shall--
``(i) apply paragraph (1) by substituting
`2018' for `2019', and
``(ii) in the case of a specified
individual who has not filed a tax return for
such individual's first taxable year beginning
in 2018, determine the advance refund amount
with respect to such individual without regard
to subsections (d) and on the basis of
information with respect to such individual
which is provided by--
``(I) in the case of a specified
social security beneficiary or a
specified supplemental security income
recipient, the Commissioner of Social
Security,
``(II) in the case of a specified
railroad retirement beneficiary, the
Railroad Retirement Board, and
``(III) in the case of a specified
veterans beneficiary, the Secretary of
Veterans Affairs (in coordination with,
and with the assistance of, the
Commissioner of Social Security if
appropriate).
``(B) Specified individual.--For purposes of this
paragraph, the term `specified individual' means any
individual who is--
``(i) a specified social security
beneficiary,
``(ii) a specified supplemental security
income recipient,
``(iii) a specified railroad retirement
beneficiary, or
``(iv) a specified veterans beneficiary.
``(C) Specified social security beneficiary.--For
purposes of this paragraph--
``(i) In general.--The term `specified
social security beneficiary' means any
individual who, for the last month that ends
prior to the date of enactment of this section,
is entitled to any monthly insurance benefit
payable under title II of the Social Security
Act (42 U.S.C. 401 et seq.), including payments
made pursuant to sections 202(d), 223(g), and
223(i)(7) of such Act.
``(ii) Exception.--Such term shall not
include any individual if such benefit is not
payable for such month by reason of section
202(x) of the Social Security Act (42 U.S.C.
402(x)) or section 1129A of such Act (42 U.S.C.
1320a-8a).
``(D) Specified supplemental security income
recipient.--For purposes of this paragraph--
``(i) In general.--The term `specified
supplemental security income recipient' means
any individual who, for the last month that
ends prior to the date of enactment of this
section, is eligible for 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) of such Act (42 U.S.C.
1382(e)(1)(B)), including--
``(I) payments made pursuant to
section 1614(a)(3)(C) of such Act (42
U.S.C. 1382c(a)(3)(C)),
``(II) 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
``(III) 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).
``(ii) Exception.--Such term shall not
include any individual if such monthly benefit
is 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).
``(E) Specified railroad retirement beneficiary.--
For purposes of this paragraph, the term `specified
railroad retirement beneficiary' means any individual
who, for the last month that ends prior to the date of
enactment of this section, is entitled to a monthly
annuity or pension payment payable (without regard to
section 5(a)(ii) of the Railroad Retirement Act of 1974
(45 U.S.C. 231d(a)(ii))) under--
``(i) section 2(a)(1) of such Act (45
U.S.C. 231a(a)(1)),
``(ii) section 2(c) of such Act (45 U.S.C.
231a(c)),
``(iii) section 2(d)(1) of such Act (45
U.S.C. 231a(d)(1)), or
``(iv) section 7(b)(2) of such Act (45
U.S.C. 231f(b)(2)) with respect to any of the
benefit payments described in subparagraph
(C)(i).
``(F) Specified veterans beneficiary.--For purposes
of this paragraph--
``(i) In general.--The term `specified
veterans beneficiary' means any individual who,
for the last month that ends prior to the date
of enactment of this section, is entitled to a
compensation or pension payment payable under--
``(I) section 1110, 1117, 1121,
1131, 1141, or 1151 of title 38, United
States Code,
``(II) section 1310, 1312, 1313,
1315, 1316, or 1318 of title 38, United
States Code,
``(III) section 1513, 1521, 1533,
1536, 1537, 1541, 1542, or 1562 of
title 38, United States Code, or
``(IV) section 1805, 1815, or 1821
of title 38, United States Code,
to a veteran, surviving spouse, child, or
parent as described in paragraph (2), (3),
(4)(A)(ii), or (5) of section 101, title 38,
United States Code.
``(ii) Exception.--Such term shall not
include any individual if such compensation or
pension payment is not payable, or was reduced,
for such month by reason of section 1505, 5313,
or 5313B of title 38, United States Code.
``(G) Subsequent determinations and
redeterminations not taken into account.--For purposes
of this section, any individual's status as a specified
social security beneficiary, a specified supplemental
security income recipient, a specified railroad
retirement beneficiary, or a specified veterans
beneficiary shall be unaffected by any determination or
redetermination of any entitlement to, or eligibility
for, any benefit, payment, or compensation, if such
determination or redetermination occurs after the last
month that ends prior to the date of enactment of this
section.
``(H) Payment to representative payees and
fiduciaries.--
``(i) In general.--If the benefit, payment,
or compensation referred to in subparagraph
(C)(i), (D)(i), (E), or (F)(i) with respect to
any specified individual is paid to a
representative payee or fiduciary, payment by
the Secretary under paragraph (3) with respect
to such specified individual shall be made to
such individual's representative payee or
fiduciary and the entire payment shall be used
only for the benefit of the individual who is
entitled to the payment.
``(ii) Application of enforcement
provisions.--
``(I) In the case of a payment
described in clause (i) which is made
with respect to a specified social
security beneficiary or a specified
supplemental security income recipient,
section 1129(a)(3) of the Social
Security Act (42 U.S.C. 1320a-8(a)(3))
shall apply to such payment in the same
manner as such section applies to a
payment under title II or XVI of such
Act.
``(II) In the case of a payment
described in clause (i) which is made
with respect to a specified railroad
retirement beneficiary, section 13 of
the Railroad Retirement Act (45 U.S.C.
231l) shall apply to such payment in
the same manner as such section applies
to a payment under such Act.
``(III) In the case of a payment
described in clause (i) which is made
with respect to a specified veterans
beneficiary, sections 5502, 6106, and
6108 of title 38, United States Code,
shall apply to such payment in the same
manner as such sections apply to a
payment under such title.
``(6) Notice to taxpayer.--Not later than 15 days after the
date on which the Secretary distributed any payment to an
eligible taxpayer pursuant to this subsection, notice shall be
sent by mail to such taxpayer's last known address. Such notice
shall indicate the method by which such payment was made, the
amount of such payment, and a phone number for the appropriate
point of contact at the Internal Revenue Service to report any
error with respect to such payment.
``(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 the
opportunity to provide the Secretary information sufficient to
allow the Secretary to make payments to such taxpayers under
subsection (g) (including the determination of the amount of
such payment) if such information is not otherwise available to
the Secretary, and
``(2) regulations or other guidance providing for the
proper treatment of joint returns and taxpayers with dependents
to ensure that an individual is not taken into account more
than once in determining the amount of any credit under
subsection (a) and any credit or refund under subsection (g).
``(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 6428A of the Internal Revenue Code
of 1986 (as added 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 ``and
6428'' and inserting ``6428, and 6428A''.
(2) Mathematical or clerical error authority.--Section
6213(g)(2) of such Code is amended--
(A) by inserting ``or section 6428A (relating to
additional recovery rebates to individuals)'' before
the comma at the end of subparagraph (H), and
(B) by striking ``or 6428'' in subparagraph (L) and
inserting ``6428, or 6428A''.
(3) Exception from reduction or offset.--Any credit or
refund allowed or made to any individual by reason of section
6428A of the Internal Revenue Code of 1986 (as added by this
section) or by reason of subsection (b) of this section shall
not be--
(A) subject to reduction or offset pursuant to
section 3716 or 3720A of title 31, United States Code,
(B) subject to reduction or offset pursuant to
subsection (c), (d), (e), or (f) of section 6402 of the
Internal Revenue Code of 1986, or
(C) reduced or offset by other assessed Federal
taxes that would otherwise be subject to levy or
collection.
(4) Assignment of benefits.--
(A) In general.--Any applicable payment shall not
be subject to transfer, assignment, execution, levy,
attachment, garnishment, or other legal process, or the
operation of any bankruptcy or insolvency law, to the
same extent as payments described in section 207 of the
Social Security Act (42 U.S.C. 407) without regard to
subsection (b) thereof.
(B) Encoding of payments.--As soon as practicable
after the date of the enactment of the paragraph, the
Secretary of the Treasury shall encode applicable
payments that are paid electronically to any account--
(i) with a unique identifier that is
reasonably sufficient to allow a financial
institution to identify the payment as a
payment protected under subparagraph (A), and
(ii) pursuant to the same specifications as
required for a benefit payment to which part
212 of title 31, Code of Federal regulations
applies.
(C) Garnishment.--
(i) Encoded payments.--Upon receipt of a
garnishment order that applies to an account
that has received an applicable payment that is
encoded as provided in subparagraph (B), a
financial institution shall follow the
requirements and procedures set forth in part
212 of title 31, Code of Federal Regulations.
This paragraph shall not alter the status of
payments as tax refunds or other nonbenefit
payments for purpose of any reclamation rights
of the Department of Treasury or the Internal
Revenue Serves as per part 210 of title 31 of
the Code of Federal Regulations.
(ii) Other payments.--If a financial
institution receives a garnishment order (other
than an order that has been served by the
United States) that applies to an account into
which an applicable payment that has not been
encoded as provided in subparagraph (B) has
been deposited on any date in the prior 60 days
(including any date before the date of the
enactment of this paragraph), the financial
institution, upon the request of the account
holder or for purposes of complying in good
faith with a State order, State law, court
order, or interpretation by a State Attorney
General relating to garnishment order, may, but
is not required to, treat the amount of the
payment as exempt under law from garnishment
without requiring the account holder to assert
any right of garnishment exemption or requiring
the consent of the judgment creditor.
(iii) Liability.--A financial institution
that complies in good faith with clause (i) or
that acts in good faith in reliance on clause
(ii) shall not be liable under any Federal or
State law, regulation, or court or other order
to a creditor that initiates an order for any
protected amounts, to an account holder for any
frozen amounts or garnishment order applied.
(D) Definitions.--For purposes of this paragraph--
(i) Account holder.--The term ``account
holder'' means a natural person against whom a
garnishment order is issued and whose name
appears in a financial institution's records.
(ii) Applicable payment.--The term
``applicable payment'' means any payment of
credit or refund by reason of section 6428 of
such Code (as so added) or by reason of
subsection (c) of this section.
(iii) Garnishment.--The term
``garnishment'' means execution, levy,
attachment, garnishment, or other legal
process.
(iv) Garnishment order.--The term
``garnishment order'' means a writ, order,
notice, summons, judgment, levy, or similar
written instruction issued by a court, a State
or State agency, a municipality or municipal
corporation, or a State child support
enforcement agency, including a lien arising by
operation of law for overdue child support or
an order to freeze the assets in an account, to
effect a garnishment against a debtor.
(5) Treatment of credit and advance payments.--For purposes
of section 1324 of title 31, United States Code, any credit
under section 6428A(a) of the Internal Revenue Code of 1986,
any credit or refund under section 6428A(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.
(6) Agency information sharing and assistance.--The
Commissioner of Social Security, the Railroad Retirement Board,
and the Secretary of Veterans Affairs shall each provide the
Secretary of the Treasury (or the Secretary's delegate) such
information and assistance as the Secretary of the Treasury (or
the Secretary's delegate) may require for purposes of making
payments under section 6428A(g) of the Internal Revenue Code of
1986 to individuals described in paragraph (5)(A)(ii) thereof.
(7) Clerical amendment.--The table of sections for
subchapter B of chapter 65 of the Internal Revenue Code of 1986
is amended by inserting after the item relating to section 6428
the following new item:
``Sec. 6428A. Additional recovery rebates to individuals.''.
(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) Department of the treasury.--
(i) 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.
(ii) For an additional amount for
``Department of the Treasury--Internal Revenue
Service--Taxpayer Services'', $298,700,000, to
remain available until September 30, 2021.
(iii) For an additional amount for
``Department of the Treasury--Internal Revenue
Service--Enforcement'', $37,200,000, to remain
available until September 30, 2021.
(iv) For an additional amount for
``Department of the Treasury--Internal Revenue
Service--Operations Support'', $185,000,000, to
remain available until September 30, 2021.
(v) For an additional amount for
``Department of the Treasury--Office of
Treasury Inspector General for Tax
Administration'', $10,000,000, to remain
available until September 30, 2024, for
necessary expenses related to COVID-19
including carrying out investigations.
Amounts made available in appropriations under clauses
(ii), (iii), and (iv) of this subparagraph may be
transferred between such appropriations upon the
advance notification of the Committees on
Appropriations of the House of Representatives and the
Senate. Such transfer authority is in addition to any
other transfer authority provided by law.
(B) Social security administration.--For an
additional amount for ``Social Security
Administration--Limitation on Administrative
Expenses'', $40,500,000, to remain available until
September 30, 2021: Provided, that $2,500,000, to
remain available until September 30, 2024, shall be
transferred to ``Social Security Administration--Office
of Inspector General'' for necessary expenses in
carrying out the provisions of the Inspector General
Act of 1978.
(C) Railroad retirement board.--For an additional
amount for ``Railroad Retirement Board--Limitation on
Administration'', $8,300, 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 clauses (i) through (iv) paragraph (1)(A). Beginning 90 days
after enactment of this Act, the Secretary of the Treasury
shall submit a quarterly report to the Committees on
Appropriations of the House of Representatives and the Senate
detailing the actual expenditure of such funds and the expected
expenditure of such funds in the subsequent quarter.
(e) Certain Requirements Related to Recovery Rebates and Additional
Recovery Rebates.--
(1) Signatures on checks and notices, etc., by the
department of the treasury.--Any check issued to an individual
by the Department of the Treasury pursuant to section 6428 or
6428A of the Internal Revenue Code of 1986, and any notice
issued pursuant to section 6428(f)(6) or section 6428A(g)(6) of
such Code, may not be signed by or otherwise bear the name,
signature, image or likeness of the President, the Vice
President or any elected official or cabinet level officer of
the United States, or any individual who, with respect to any
of the aforementioned individuals, bears any relationship
described in subparagraphs (A) through (G) of section 152(d)(2)
of the Internal Revenue Code of 1986.
(2) Effective date.--Paragraph (1) shall apply to checks
and notices issued after the date of the enactment of this Act.
(f) Reports to Congress.--Each week beginning after the date of the
enactment of this Act and beginning before December 31, 2020, on Friday
of such week, not later than 3 p.m. Eastern Time, the Secretary of the
Treasury shall provide a written report to the Committee on Ways and
Means of the House of Representatives and the Committee on Finance of
the Senate. Such report shall include the following information with
respect to payments made pursuant to each of sections 6428 and 6428A of
the Internal Revenue Code of 1986:
(1) The number of scheduled payments sent to the Bureau of
Fiscal Service for payment by direct deposit or paper check for
the following week (stated separately for direct deposit and
paper check).
(2) The total dollar amount of the scheduled payments
described in paragraph (1).
(3) The number of direct deposit payments returned to the
Department of the Treasury and the total dollar value of such
payments, for the week ending on the day prior to the day on
which the report is provided.
(4) The total number of letters related to payments under
section 6428 or 6428A of such Code mailed to taxpayers during
the week ending on the day prior to the day on which the report
is provided.
Subtitle C--Earned Income Tax Credit
SEC. 20121. STRENGTHENING THE EARNED INCOME TAX CREDIT FOR INDIVIDUALS
WITH NO QUALIFYING CHILDREN.
(a) Special Rules for 2020.--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 after December 31, 2019, and
before January 1, 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 a 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 `$9,720' for
`$4,220', and
``(ii) by substituting `$11,490' for
`$5,280'.
``(B) Coordination with 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 to use information returns under section 6050S
(relating to returns relating to higher education tuition and related
expenses) to check the status of individuals as full-time students for
purposes of section 32(n)(1)(B)(ii) of the Internal Revenue Code of
1986 (as added by this section).
(c) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2019.
SEC. 20122. 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. 20123. 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. 20124. 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. 20125. 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 2020.--In the case of
calendar year 2020, 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 2020 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 2020 through
2024, 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 2020 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 2020 through
2024, 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 2020, 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 2019' 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
the Internal Revenue Code of 1986 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.''.
SEC. 20126. TEMPORARY SPECIAL RULE FOR DETERMINING EARNED INCOME FOR
PURPOSES OF EARNED INCOME TAX CREDIT.
(a) In General.--If the earned income of the taxpayer for the
taxpayer's first taxable year beginning in 2020 is less than the earned
income of the taxpayer for the preceding taxable year, the credit
allowed under section 32 of the Internal Revenue Code of 1986 may, at
the election of the taxpayer, be determined by substituting---
(1) such earned income for the preceding taxable year, for
(2) such earned income for the taxpayer's first taxable
year beginning in 2020.
(b) Earned Income.--
(1) In general.--For purposes of this section, the term
``earned income'' has the meaning given such term under section
32(c) of the Internal Revenue Code of 1986.
(2) Application to joint returns.--For purposes of
subsection (a), in the case of a joint return, the earned
income of the taxpayer for the preceding taxable year shall be
the sum of the earned income of each spouse for such preceding
taxable year.
(c) Special Rules.--
(1) Errors treated as mathematical error.--For purposes of
section 6213 of the Internal Revenue Code of 1986, an incorrect
use on a return of earned income pursuant to subsection (a)
shall be treated as a mathematical or clerical error.
(2) No effect on determination of gross income, etc.--
Except as otherwise provided in this subsection, the Internal
Revenue Code of 1986 shall be applied without regard to any
substitution under subsection (a).
(d) 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
application of the provisions of this section (other than this
subsection) with respect to section 32 of the Internal Revenue
Code of 1986. 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 provisions of
this section (other than this subsection) with respect to
section 32 of the Internal Revenue Code of 1986 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) Mirror code tax system.--For purposes of this section,
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.
(4) 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.
Subtitle D--Child Tax Credit
SEC. 20131. CHILD TAX CREDIT IMPROVEMENTS FOR 2020.
(a) In General.--Section 24 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(i) Special Rules for 2020.--In the case of any taxable year
beginning in 2020--
``(1) Refundable credit.--Subsection (h)(5) shall not apply
and the increase determined under the first sentence of
subsection (d)(1) shall be the amount determined under
subsection (d)(1)(A) (determined without regard to subsection
(h)(4)).
``(2) Credit amount.--Subsection (h)(2) shall not apply and
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'.
``(3) 17-year-olds eligible for treatment as qualifying
children.--This section shall be applied--
``(A) by substituting `age 18' for `age 17' in
subsection (c)(1), and
``(B) by substituting `described in subsection (c)
(determined after the application of subsection
(i)(3)(A))' for `described in subsection (c)' in
subsection (h)(4)(A).''.
(b) Advance Payment of Credit.--
(1) In general.--Chapter 77 of such Code is amended by
inserting after section 7527 the following new section:
``SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX CREDIT.
``(a) In General.--As soon as practicable after the date of the
enactment of this Act, the Secretary shall establish a program for
making advance payments of the credit allowed under subsection (a) of
section 24 on a monthly basis (determined without regard to subsection
(i)(4)) of such section), or as frequently as the Secretary determines
to be administratively feasible, to taxpayers determined to be eligible
for advance payment of such credit.
``(b) Limitation.--
``(1) In general.--The Secretary may make payments under
subsection (a) only to the extent that the total amount of such
payments made to any taxpayer during the taxable year does not
exceed an amount equal to the excess, if any, of--
``(A) subject to paragraph (2), the amount
determined under subsection (a) of section 24 with
respect to such taxpayer (determined without regard to
subsection (i)(4)) of such section) for such taxable
year, over
``(B) the estimated tax imposed by subtitle A, as
reduced by the credits allowable under subparts A and C
(other than section 24) of such part IV, with respect
to such taxpayer for such taxable year, as determined
in such manner as the Secretary deems appropriate.
``(2) Application of threshold amount limitation.--The
program described in subsection (a) shall make reasonable
efforts to apply the limitation of section 24(b) with respect
to payments made under such program.
``(c) Application.--The advance payments described in this section
shall only be made with respect to credits allowed under section 24 for
taxable years beginning during 2020.''.
(2) Reconciliation of credit and advance credit.--Section
24(i) of such Code, as amended by subsection (a), is amended by
adding at the end the following new paragraph:
``(4) Reconciliation of credit and advance credit.--
``(A) In general.--The amount of the credit allowed
under this section for any taxable year shall be
reduced (but not below zero) by the aggregate amount of
any advance payments of such credit under section 7527A
for such taxable year.
``(B) Excess advance payments.--If the aggregate
amount of advance payments under section 7527A for the
taxable year exceeds the amount of the credit allowed
under this section for such taxable year (determined
without regard to subparagraph (A)), the tax imposed by
this chapter for such taxable year shall be increased
by the amount of such excess.''.
(3) Clerical amemdment.--The table of sections for chapter
77 of such Code is amended by inserting after the item relating
to section 7527 the following new item:
``Sec. 7527A. Advance payment of child tax credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2019.
SEC. 20132. 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 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
during 2020, the increase determined under the first
sentence of subsection (d)(1) shall be the amount
determined under subsection (d)(1)(A) (determined
without regard to subsection (h)(4)),
``(C) in the case of any taxable year beginning
after December 31, 2020, and before January 1, 2026,
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
``(D) in the case of any taxable year after
December 31, 2025, 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.
Subtitle E--Dependent Care Assistance
SEC. 20141. 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.--In the case of any taxable year
beginning after December 31, 2019, and before January 1, 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.''.
(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. 20142. 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 2020.--In the case of any
taxable year beginning during 2020, subparagraph (A)
shall be applied be substituting `$10,500 (half such
dollar amount' for `$5,000 ($2,500'.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2019.
(c) Retroactive Plan Amendments.--A plan or other arrangement that
otherwise satisfies all applicable requirements of sections 106, 125,
and 129 of the Internal Revenue Code of 1986 (including any rules or
regulations thereunder) shall not fail to be treated as a cafeteria
plan or dependent care flexible spending arrangement merely because
such plan or arrangement is amended pursuant to a provision under this
section and such amendment is retroactive, if--
(1) such amendment is adopted no later than the last day of
the plan year in which the amendment is effective, and
(2) the plan or arrangement is operated consistent with the
terms of such amendment during the period beginning on the
effective date of the amendment and ending on the date the
amendment is adopted.
Subtitle F--Flexibility for Certain Employee Benefits
SEC. 20151. INCREASE IN CARRYOVER FOR HEALTH FLEXIBLE SPENDING
ARRANGEMENTS.
(a) In General.--A plan or other arrangement that otherwise
satisfies all of the applicable requirements of sections 106 and 125 of
the Internal Revenue Code of 1986 (including any rules or regulations
thereunder) shall not fail to be treated as a cafeteria plan or health
flexible spending arrangement merely because such plan or arrangement
permits participants to carry over an amount not in excess of $2,750 of
unused benefits or contributions remaining in a health flexible
spending arrangement from the plan year ending in 2020 to the plan year
ending in 2021.
(b) Definitions.--Any term used in this section which is also used
in section 106 or 125 of the Internal Revenue Code of 1986 or the rules
or regulations thereunder shall have the same meaning as when used in
such section or rules or regulations.
SEC. 20152. CARRYOVER FOR DEPENDENT CARE FLEXIBLE SPENDING
ARRANGEMENTS.
(a) In General.--A plan or other arrangement that otherwise
satisfies all applicable requirements of sections 106, 125, and 129 of
the Internal Revenue Code of 1986 (including any rules or regulations
thereunder) shall not fail to be treated as a cafeteria plan or
dependent care flexible spending arrangement merely because such plan
or arrangement permits participants to carry over (under rules similar
to the rules applicable to health flexible spending arrangements) an
amount, not in excess of the amount in effect under section
129(a)(2)(A) of such Code, of unused benefits or contributions
remaining in a dependent care flexible spending arrangement from the
plan year ending in 2020 to the plan year ending in 2021.
(b) Definitions.--Any term used in this section which is also used
in section 106, 125, or 129 of the Internal Revenue Code of 1986 or the
rules or regulations thereunder shall have the same meaning as when
used in such section or rules or regulations.
SEC. 20153. CARRYOVER OF PAID TIME OFF.
(a) In General.--A plan that otherwise satisfies all applicable
requirements of section 125 of the Internal Revenue Code of 1986
(including any rules or regulations thereunder) shall not fail to be
treated as a cafeteria plan merely because such plan permits
participants to carry over (under rules similar to the rules applicable
to health flexible spending arrangements) any amount of paid time off
(without limitation) from the plan year ending in 2020 to the plan year
ending in 2021.
(b) Definitions.--Any term used in this section which is also used
in section 125 of the Internal Revenue Code of 1986 or the rules or
regulations thereunder shall have the same meaning as when used in such
section or rules or regulations.
SEC. 20154. CHANGE IN ELECTION AMOUNT.
(a) In General.--A plan or other arrangement that otherwise
satisfies all applicable requirements of sections 106 and 125 of the
Internal Revenue Code of 1986 (including any rules or regulations
thereunder) shall not fail to be treated as a cafeteria plan or health
flexible spending arrangement merely because such plan or arrangement
allows an employee to make, with respect to the remaining portion of a
period of coverage within the applicable period--
(1) an election modifying the amount of such employee's
contributions to such a health flexible spending arrangement
(without regard to any change in status), or
(2) an election modifying the amount of such employee's
elective paid time off.
Any election as modified under paragraph (1) shall not exceed the
limitation applicable under section 125(i) for the taxable year.
(b) One-time Application.--Paragraphs (1) and (2) of subsection (a)
shall each apply to only 1 election change described in such paragraph
with respect to an employee (in addition to any other election changes
during a period of coverage permitted under the plan or arrangement
without regard to this section).
(c) Applicable Period.--For purposes of this section, the term
``applicable period'' means the period beginning on the date of the
enactment of this Act and ending on December 31, 2020.
(d) Definitions.--Any term used in this section which is also used
in section 106 or 125 of the Internal Revenue Code of 1986 or the rules
or regulations thereunder shall have the same meaning as when used in
such section or rules or regulations.
SEC. 20155. EXTENSION OF GRACE PERIODS, ETC.
(a) In General.--A plan or other arrangement that otherwise
satisfies all applicable requirements of sections 106, 125, or 129 of
the Internal Revenue Code (including any rules or regulations
thereunder) shall not fail to be treated as a cafeteria plan, health
flexible spending arrangement, or dependent care flexible spending
arrangement (whichever is applicable) merely because such plan or
arrangement extends the grace period for the plan year ending in 2020
to 12 months after the end of such plan year, with respect to unused
benefits or contributions remaining in a health flexible spending
arrangement or a dependent care flexible spending arrangement.
(b) Post-termination Reimbursements From Health FSAs.--A plan or
other arrangement that otherwise satisfies all applicable requirements
of sections 106 and 125 of the Internal Revenue Code of 1986 (including
any rules or regulations thereunder) shall not fail to be treated as a
cafeteria plan or health flexible spending arrangement merely because
such plan or arrangement allows (under rules similar to the rules
applicable to dependent care flexible spending arrangements) an
employee who ceases participation in the plan during calendar year 2020
to continue to receive reimbursements from unused benefits or
contributions through the end of the plan year (including any grace
period, taking into account any modification of a grace period
permitted under subsection (a)).
(c) Definitions.--Any term used in this section which is also used
in section 106, 125, or 129 of the Internal Revenue Code of 1986 or the
rules or regulations thereunder shall have the same meaning as when
used in such section or rules or regulations.
SEC. 20156. PLAN AMENDMENTS.
A plan or other arrangement that otherwise satisfies all applicable
requirements of sections 106, 125, and 129 of the Internal Revenue Code
of 1986 (including any rules or regulations thereunder) shall not fail
to be treated as a cafeteria plan, health flexible spending
arrangement, or dependent care flexible spending arrangement merely
because such plan or arrangement is amended pursuant to a provision
under this subtitle and such amendment is retroactive, if--
(1) such amendment is adopted no later than the last day of
the plan year in which the amendment is effective, and
(2) the plan or arrangement is operated consistent with the
terms of such amendment during the period beginning on the
effective date of the amendment and ending on the date the
amendment is adopted.
Subtitle G--Deduction of State and Local Taxes
SEC. 20161. ELIMINATION FOR 2020 AND 2021 OF LIMITATION ON DEDUCTION OF
STATE AND LOCAL TAXES.
(a) In General.--Section 164(b)(6)(B) of the Internal Revenue Code
of 1986 is amended by inserting ``in the case of a taxable year
beginning before January 1, 2020, or after December 31, 2021,'' before
``the aggregate amount of taxes''.
(b) Conforming Amendments.--Section 164(b)(6) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``For purposes of subparagraph (B)'' and
inserting ``For purposes of this section'',
(2) by striking ``January 1, 2018'' and inserting ``January
1, 2022'',
(3) by striking ``December 31, 2017, shall'' and inserting
``December 31, 2021, shall'', and
(4) by adding at the end the following: ``For purposes of
this section, in the case of State or local taxes with respect
to any real or personal property paid during a taxable year
beginning in 2020 or 2021, the Secretary shall prescribe rules
which treat all or a portion of such taxes as paid in a taxable
year or years other than the taxable year in which actually
paid as necessary or appropriate to prevent the avoidance of
the limitations of this subsection.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxes paid or accrued in taxable years beginning after
December 31, 2019.
TITLE II--ADDITIONAL RELIEF FOR WORKERS
Subtitle A--Additional Relief
SEC. 20201. INCREASE IN ABOVE-THE-LINE DEDUCTION FOR CERTAIN EXPENSES
OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS.
(a) Increase.--Section 62(a)(2)(D) of the Internal Revenue Code of
1986 is amended by striking ``$250'' and inserting ``$500''.
(b) Conforming Amendments.--Section 62(d)(3) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``2015'' and inserting ``2020'',
(2) by striking ``$250'' and inserting ``$500'', and
(3) in subparagraph (B), by striking ``2014'' and inserting
``2019''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2019.
SEC. 20202. ABOVE-THE-LINE DEDUCTION ALLOWED FOR CERTAIN EXPENSES OF
FIRST RESPONDERS.
(a) In General.--Section 62(a)(2) of the Internal Revenue Code of
1986 is amended by adding at the end the following new subparagraph:
``(F) Certain expenses of first responders.--The
deductions allowed by section 162 which consist of
expenses, not in excess of $500, paid or incurred by a
first responder--
``(i) as tuition or fees for the
participation of the first responder in
professional development courses related to
service as a first responder, or
``(ii) for uniforms used by the first
responder in service as a first responder.''.
(b) First Responder Defined.--Section 62(d) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(4) First responder.--For purposes of subsection
(a)(2)(F), the term `first responder' means, with respect to
any taxable year, any employee who provides at least 1000 hours
of service during such taxable year as a law enforcement
officer, firefighter, paramedic, or emergency medical
technician.''.
(c) Inflation Adjustment.--Section 62(d)(3) of the Internal Revenue
Code of 1986, as amended by the preceding provisions of this Act, is
further amended by striking ``the $500 amount in subsection (a)(2)(D)''
and inserting ``the $500 amount in each of subparagraphs (D) and (F) of
subsection (a)(2)''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2019.
SEC. 20203. TEMPORARY ABOVE-THE-LINE DEDUCTION FOR SUPPLIES AND
EQUIPMENT OF FIRST RESPONDERS AND COVID-19 FRONT LINE
EMPLOYEES.
(a) In General.--Section 62(d) of the Internal Revenue Code of
1986, as amended by the preceding provisions of this Act, is amended by
adding at the end of the following new paragraph:
``(5) Temporary rule for first responders and covid-19
front line employees.--
``(A) In general.--In the case of any taxable year
beginning in 2020--
``(i) subsection (a)(2)(F)(ii) shall be
applied by substituting `uniforms, supplies, or
equipment' for `uniforms', and
``(ii) for purposes of subsection
(a)(2)(F), the term `first responder' shall
include any COVID-19 front line employee.
``(B) COVID-19 front line employee.--For purposes
of this paragraph, the term `COVID-19 front line
employee' means, with respect to any taxable year, any
individual who performs at least 1000 hours of
essential work (as defined in the COVID-19 Heroes Fund
Act except without regard to the time period during
which such work is performed) during such taxable year
as an employee in a trade or business of an
employer.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2019.
SEC. 20204. PAYROLL CREDIT FOR CERTAIN PANDEMIC-RELATED EMPLOYEE
BENEFIT EXPENSES PAID BY EMPLOYERS.
(a) In General.--In the case of an employer, there shall be allowed
as a credit against applicable employment taxes for each calendar
quarter an amount equal to the applicable percentage of the qualified
pandemic-related employee benefit expenses paid by such employer with
respect to such calendar quarter.
(b) Limitations and Refundability.--
(1) Dollar limitation per employee.--The qualified
pandemic-related employee benefit expenses which may be taken
into account under subsection (a) with respect to any employee
for any calendar quarter shall not exceed $5,000.
(2) Credit limited to certain employment taxes.--The credit
allowed by subsection (a) with respect to any calendar quarter
shall not exceed the applicable employment taxes for such
calendar quarter (reduced by any credits allowed under
subsections (e) and (f) of section 3111 of such Code, sections
7001 and 7003 of the Families First Coronavirus Response Act,
and section 2301 of the CARES Act, for such quarter) on the
wages paid with respect to the employment of all the employees
of the employer for such calendar quarter.
(3) Refundability of excess credit.--
(A) In general.--If the amount of the credit under
subsection (a) exceeds the limitation of paragraph (2)
for any calendar quarter, such excess shall be treated
as an overpayment that shall be refunded under sections
6402(a) and 6413(b) of the Internal Revenue Code of
1986.
(B) Treatment of payments.--For purposes of section
1324 of title 31, United States Code, any amounts due
to 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.
(4) Coordination with government grants.--The qualified
pandemic-related employee benefit expenses taken into account
under this section by any employer shall be reduced by any
amounts provided by and Federal, State, or local government for
purposes of making or reimbursing such expenses.
(c) Qualified Pandemic-related Employee Benefit Expenses.--For
purposes of this section, the term ``qualified pandemic-related
employee benefit expenses'' means any amount paid to or for the benefit
of an employee in the employment of the employer if--
(1) such amount is excludible from the gross income of the
employee under section 139 of the Internal Revenue Code of 1986
by reason of being a qualified disaster relief payment
described in subsection (b)(1) of such section with respect to
a qualified disaster described in subsection (c)(2) of such
section which was declared by reason of COVID-19, and
(2) the employer elects (at such time and in such manner as
the Secretary may provide) to treat such amount as a qualified
pandemic-related employee benefit expense.
(d) Applicable Percentage.--For purposes of this section--
(1) In general.--The term ``applicable percentage'' means--
(A) 50 percent, in the case of qualified pandemic-
related employee benefit expenses paid with respect to
an essential employee, and
(B) 30 percent, in any other case.
(2) Essential employee.--The term ``essential employee''
means, with respect to any employer for any calendar quarter,
any employee of such employer if a substantial portion of the
services performed by such employee for such employer during
such calendar quarter are essential work (as defined in the
COVID-19 Heroes Fund Act except without regard to the time
period during which such work is performed).
(e) Special Rules; Other Definitions.--
(1) Application of certain non-discrimination rules.--No
credit shall be allowed under this section to any employer for
any calendar quarter if qualified pandemic-related employee
benefit expenses are provided by such employer to employees for
such calendar quarter in a manner which discriminates in favor
of highly compensated individuals (within the meaning of
section 125) as to eligibility for, or the amount of, such
benefit expenses. An employer may elect with respect to any
calendar quarter to apply this paragraph separately with
respect to essential employees and with respect to all other
employees.
(2) Denial of double benefit.--For purposes of chapter 1 of
such Code, no deduction or credit (other than the credit
allowed under this section) shall be allowed for so much of
qualified pandemic-related employee benefit expenses as is
equal to the credit allowed under this section.
(3) Third party payors.--Any credit allowed under this
section shall be treated as a credit described in section
3511(d)(2) of such Code.
(4) Applicable employment taxes.--For purposes of this
section, the term ``applicable employment taxes'' means the
following:
(A) The taxes imposed under section 3111(a) of the
Internal Revenue Code of 1986.
(B) So much of the taxes imposed under section
3221(a) of such Code as are attributable to the rate in
effect under section 3111(a) of such Code.
(5) Secretary.--For purposes of this section, the term
``Secretary'' means the Secretary of the Treasury or the
Secretary's delegate.
(6) Certain terms.--
(A) In general.--Any term used in this section
which is also used in chapter 21 or 22 of such Code
shall have the same meaning as when used in such
chapter (as the case may be).
(B) Certain provisions not taken into account
except for purposes of limiting credit to employment
taxes.--For purposes of subparagraph (A) (other than
with respect to subsection (b)(2)), section 3121(b) of
such Code shall be applied without regard to paragraphs
(1), (5), (6), (7), (8), (10), (13), (18), (19), and
(22) thereof (except with respect to services performed
in a penal institution by an inmate thereof) and
section 3231(e)(1) shall be applied without regard to
the sentence that begins ``Such term does not include
remuneration''.
(f) Certain Governmental Employers.--
(1) In general.--The credit under this section shall not be
allowed to the Federal Government or any agency or
instrumentality thereof.
(2) Exception.--Paragraph (1) shall not apply to any
organization described in section 501(c)(1) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
of such Code.
(g) Treatment of Deposits.--The Secretary shall waive any penalty
under section 6656 of such Code for any failure to make a deposit of
applicable employment taxes if the Secretary determines that such
failure was due to the anticipation of the credit allowed under this
section.
(h) Regulations.--The Secretary shall prescribe such regulations or
other guidance as may be necessary to carry out the purposes of this
section, including regulations or other guidance--
(1) to allow the advance payment of the credit determined
under subsection (a), subject to the limitations provided in
this section, based on such information as the Secretary shall
require,
(2) to provide for the reconciliation of such advance
payment with the amount of the credit at the time of filing the
return of tax for the applicable quarter or taxable year,
(3) 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
(4) with respect to the application of the credit to third
party payors (including professional employer organizations,
certified professional employer organizations, or agents under
section 3504 of such Code), including to allow such payors to
submit documentation necessary to substantiate eligibility for,
and the amount of, the credit allowed under this section.
(i) Application of Section.--This section shall apply only to
qualified pandemic-related employee benefit expenses paid after March
12, 2020, and before January 1, 2021.
(j) Transfers to Certain Trust Funds.--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. 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 B--Tax Credits to Prevent Business Interruption
SEC. 20211. IMPROVEMENTS TO EMPLOYEE RETENTION CREDIT.
(a) Increase in Credit Percentage.--Section 2301(a) of the CARES
Act is amended by striking ``50 percent'' and inserting ``80 percent''.
(b) Increase in Per Employee Limitation.--Section 2301(b)(1) of the
CARES Act is amended by striking ``for all calendar quarters shall not
exceed $10,000.'' and inserting ``shall not exceed--
``(A) $15,000 in any calendar quarter, and
``(B) $45,000 in the aggregate for all calendar
quarters.''.
(c) Modification of Threshold for Treatment as a Large Employer.--
(1) In general.--Section 2301(c)(3)(A) of the CARES Act is
amended--
(A) by striking ``for which the average number of
full-time employees (within the meaning of section
4980H of the Internal Revenue Code of 1986) employed by
such eligible employer during 2019 was greater than
100'' in clause (i) and inserting ``which is a large
employer'', and
(B) by striking ``for which the average number of
full-time employees (within the meaning of section
4980H of the Internal Revenue Code of 1986) employed by
such eligible employer during 2019 was not greater than
100'' in clause (ii) and inserting ``which is not a
large employer''.
(2) Large employer defined.--Section 2301(c) of the CARES
Act is amended by redesignating paragraph (6) as paragraph (7)
and by inserting after paragraph (5) the following new
paragraph:
``(6) Large employer.--The term `large employer' means any
eligible employer if--
``(A) the average number of full-time employees (as
determined for purposes of determining whether an
employer is an applicable large employer for purposes
of section 4980H(c)(2) of the Internal Revenue Code of
1986) employed by such eligible employer during
calendar year 2019 was greater than 1,500, and
``(B) the gross receipts (within the meaning of
section 448(c) of the Internal Revenue Code of 1986) of
such eligible employer during calendar year 2019 was
greater than $41,500,000.''.
(d) Phase-in of Eligibility Based on Reduction in Gross Receipts.--
(1) Decrease of reduction in gross receipts necessary to
qualify for credit.--Section 2301(c)(2)(B) of the CARES Act is
amended--
(A) by striking ``50 percent'' in clause (i) and
inserting ``90 percent'', and
(B) by striking ``80 percent'' in clause (ii) and
inserting ``90 percent''.
(2) Phase-in of credit if reduction in gross receipts is
less than 50 percent.--Section 2301(c)(2) of the CARES Act is
amended by adding at the end the following new subparagraph:
``(D) Phase-in of credit where business not
suspended and reduction in gross receipts less than 50
percent.--
``(i) In general.--In the case of any
calendar quarter with respect to which an
eligible employer would not be an eligible
employer if subparagraph (B)(i) were applied by
substituting `50 percent' for `90 percent', the
amount of the credit allowed under subsection
(a) shall be reduced by the amount which bears
the same ratio to the amount of such credit
(determined without regard to this
subparagraph) as--
``(I) the excess gross receipts
percentage point amount, bears to
``(II) 40 percentage points.
``(ii) Excess gross receipts percentage
point amount.--For purposes of this
subparagraph, the term `excess gross receipts
percentage point amount' means, with respect to
any calendar quarter, the excess of--
``(I) the lowest of the gross
receipts percentage point amounts
determined with respect to any calendar
quarter during the period ending with
such calendar quarter and beginning
with the first calendar quarter during
the period described in subparagraph
(B), over
``(II) 50 percentage points.
``(iii) Gross receipts percentage point
amounts.--For purposes of this subparagraph,
the term `gross receipts percentage point
amount' means, with respect to any calendar
quarter, the percentage (expressed as a number
of percentage points) obtained by dividing--
``(I) the gross receipts (within
the meaning of subparagraph (B)) for
such calendar quarter, by
``(II) the gross receipts for the
same calendar quarter in calendar year
2019.''.
(3) Gross receipts of tax-exempt organizations.--Section
2301(c)(2)(C) of the CARES Act is amended--
(A) by striking ``of such Code, clauses (i) and
(ii)(I)'' and inserting ``of such Code--
``(i) clauses (i) and (ii)(I)'',
(B) by striking the period at the end and inserting
``, and'', and
(C) by adding at the end the following new clause:
``(ii) any reference in this section to
gross receipts shall be treated as a reference
to gross receipts within the meaning of section
6033 of such Code.''.
(e) Modification of Treatment of Health Plan Expenses.--
(1) In general.--Section 2301(c)(5) of the CARES Act is
amended to read as follows:
``(5) Wages.--
``(A) In general.--The term `wages' means wages (as
defined in section 3121(a) of the Internal Revenue Code
of 1986) and compensation (as defined in section
3231(e) of such Code).
``(B) Allowance for certain health plan expenses.--
``(i) In general.--Such term shall include
amounts paid or incurred by the eligible
employer to provide and maintain a group health
plan (as defined in section 5000(b)(1) of the
Internal Revenue Code of 1986), but only to the
extent that such amounts are excluded from the
gross income of employees by reason of section
106(a) of such Code.
``(ii) Allocation rules.--For purposes of
this section, amounts treated as wages under
clause (i) shall be treated as paid with
respect to any employee (and with respect to
any period) to the extent that such amounts are
properly allocable to such employee (and to
such period) in such manner as the Secretary
may prescribe. Except as otherwise provided by
the Secretary, such allocation shall be treated
as properly made if made on the basis of being
pro rata among periods of coverage.''.
(2) Conforming amendment.--Section 2301(c)(3) of the CARES
Act is amended by striking subparagraph (C).
(f) Qualified Wages Permitted to Include Amounts for Tip
Replacement.--
(1) In general.--Section 2301(c)(3)(B) of the CARES Act is
amended by inserting ``(including tips which would have been
deemed to be paid by the employer under section 3121(q))''
after ``would have been paid''.
(2) Conforming amendment.--Section 2301(h)(2) of the CARES
Act is amended by inserting ``45B or'' before ``45S''.
(g) Certain Governmental Employers Eligible for Credit.--
(1) In general.--Section 2301(f) of the CARES Act is
amended to read as follows:
``(f) Certain Governmental Employers.--
``(1) In general.--The credit under this section shall not
be allowed to the Federal Government or any agency or
instrumentality thereof.
``(2) Exception.--Paragraph (1) shall not apply to any
organization described in section 501(c)(1) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
of such Code.
``(3) Special rules.--In the case of any State government,
Indian tribal government, or any agency, instrumentality, or
political subdivision of the foregoing--
``(A) clauses (i) and (ii)(I) of subsection
(c)(2)(A) shall apply to all operations of such entity,
and
``(B) subclause (II) of subsection (c)(2)(A)(ii)
shall not apply.''.
(2) Coordination with application of certain definitions.--
(A) In general.--Section 2301(c)(5)(A) of the CARES
Act, as amended by the preceding provisions of this
Act, is amended by adding at the end the following:
``For purposes of the preceding sentence (other than
for purposes of subsection (b)(2)), wages as defined in
section 3121(a) of the Internal Revenue Code of 1986
shall be determined without regard to paragraphs (1),
(5), (6), (7), (8), (10), (13), (18), (19), and (22) of
section 3212(b) of such Code (except with respect to
services performed in a penal institution by an inmate
thereof).''.
(B) Conforming amendments.--Sections 2301(c)(6) of
the CARES Act is amended by striking ``Any term'' and
inserting ``Except as otherwise provided in this
section, any term''.
(h) Effective Date.--The amendments made by this section shall take
effect as if included in section 2301 of the CARES Act.
SEC. 20212. PAYROLL CREDIT FOR CERTAIN FIXED EXPENSES OF EMPLOYERS
SUBJECT TO CLOSURE BY REASON OF COVID-19.
(a) In General.--In the case of an eligible employer, there shall
be allowed as a credit against applicable employment taxes for each
calendar quarter an amount equal to 50 percent of the qualified fixed
expenses paid or incurred by such employer during such calendar
quarter.
(b) Limitations and Refundability.--
(1) Limitation.--The qualified fixed expenses which may be
taken into account under subsection (a) by any eligible
employer for any calendar quarter shall not exceed the least
of--
(A) the qualified fixed expenses paid by the
eligible employer in the same calendar quarter of
calendar year 2019,
(B) $50,000, or
(C) the greater of--
(i) 25 percent of the wages paid with
respect to the employment of all the employees
of the eligible employer for such calendar
quarter, or
(ii) 6.25 percent of the gross receipts of
the eligible employer for calendar year 2019.
(2) Credit limited to certain employment taxes.--The credit
allowed by subsection (a) with respect to any calendar quarter
shall not exceed the applicable employment taxes for such
calendar quarter (reduced by any credits allowed under
subsections (e) and (f) of section 3111 of such Code, sections
7001 and 7003 of the Families First Coronavirus Response Act,
section 2301 of the CARES Act, and section 20204 of this
division, for such quarter) on the wages paid with respect to
the employment of all the employees of the eligible employer
for such calendar quarter.
(3) Refundability of excess credit.--
(A) In general.--If the amount of the credit under
subsection (a) exceeds the limitation of paragraph (2)
for any calendar quarter, such excess shall be treated
as an overpayment that shall be refunded under sections
6402(a) and 6413(b) of the Internal Revenue Code of
1986.
(B) Treatment of payments.--For purposes of section
1324 of title 31, United States Code, any amounts due
to 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) Definitions.--For purposes of this section--
(1) Applicable employment taxes.--The term ``applicable
employment taxes'' means the following:
(A) The taxes imposed under section 3111(a) of the
Internal Revenue Code of 1986.
(B) So much of the taxes imposed under section
3221(a) of such Code as are attributable to the rate in
effect under section 3111(a) of such Code.
(2) Eligible employer.--
(A) In general.--The term ``eligible employer''
means any employer--
(i) which was carrying on a trade or
business during calendar year 2020,
(ii) which had either--
(I) not more than 1,500 full-time
equivalent employees (as determined for
purposes of determining whether an
employer is an applicable large
employer for purposes of section
4980H(c)(2) of the Internal Revenue
Code of 1986) for calendar year 2019,
or
(II) not more than $41,500,000 of
gross receipts in the last taxable year
ending in 2019, and
(iii) with respect to any calendar quarter,
for which--
(I) the operation of the trade or
business described in clause (i) is
fully or partially suspended during the
calendar quarter due to orders from an
appropriate governmental authority
limiting commerce, travel, or group
meetings (for commercial, social,
religious, or other purposes) due to
the coronavirus disease 2019 (COVID-
19), or
(II) such calendar quarter is
within the period described in
subparagraph (B).
(B) Significant decline in gross receipts.--The
period described in this subparagraph is the period--
(i) beginning with the first calendar
quarter beginning after December 31, 2019, for
which gross receipts (within the meaning of
section 448(c) of the Internal Revenue Code of
1986) for the calendar quarter are less than 90
percent of gross receipts for the same calendar
quarter in the prior year, and
(ii) ending with the calendar quarter
following the first calendar quarter beginning
after a calendar quarter described in clause
(i) for which gross receipts of such employer
are greater than 90 percent of gross receipts
for the same calendar quarter in the prior
year.
(C) Tax-exempt organizations.--In the case of an
organization which is described in section 501(c) of
the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of such Code--
(i) clauses (i) and (iii)(I) of
subparagraph (A) shall apply to all operations
of such organization, and
(ii) any reference in this section to gross
receipts shall be treated as a reference to
gross receipts within the meaning of section
6033 of the Internal Revenue Code of 1986.
(D) Phase-in of credit where business not suspended
and reduction in gross receipts less than 50 percent.--
(i) In general.--In the case of any
calendar quarter with respect to which an
eligible employer would not be an eligible
employer if subparagraph (B)(i) were applied by
substituting ``50 percent'' for ``90 percent'',
the amount of the credit allowed under
subsection (a) shall be reduced by the amount
which bears the same ratio to the amount of
such credit (determined without regard to this
subparagraph) as--
(I) the excess gross receipts
percentage point amount, bears to
(II) 40 percentage points.
(ii) Excess gross receipts percentage point
amount.--For purposes of this subparagraph, the
term ``excess gross receipts percentage point
amount'' means, with respect to any calendar
quarter, the excess of--
(I) the lowest of the gross
receipts percentage point amounts
determined with respect to any calendar
quarter during the period ending with
such calendar quarter and beginning
with the first calendar quarter during
the period described in subparagraph
(B), over
(II) 50 percentage points.
(iii) Gross receipts percentage point
amounts.--For purposes of this subparagraph,
the term ``gross receipts percentage point
amount'' means, with respect to any calendar
quarter, the percentage (expressed as a number
of percentage points) obtained by dividing--
(I) the gross receipts (within the
meaning of subparagraph (B)) for such
calendar quarter, by
(II) the gross receipts for the
same calendar quarter in calendar year
2019.
(3) Qualified fixed expenses.--
(A) In general.--The term ``qualified fixed
expenses'' means the payment or accrual, in the
ordinary course of the eligible employer's trade or
business, of any covered mortgage obligation, covered
rent obligation, or covered utility payment. Such term
shall not include the prepayment of any obligation for
a period in excess of a month unless the payment for
such period is customarily due in advance.
(B) Application of definitions.--The terms
``covered mortgage obligation'', ``covered rent
obligation'', and ``covered utility payment'' shall
each have the same meaning as when used in section 1106
of the CARES Act.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or the Secretary's delegate.
(5) Wages.--
(A) In general.--The term ``wages'' means wages (as
defined in section 3121(a) of the Internal Revenue Code
of 1986) and compensation (as defined in section
3231(e) of such Code). For purposes of the preceding
sentence (other than for purposes of subsection
(b)(2)), wages as defined in section 3121(a) of such
Code shall be determined without regard to paragraphs
(1), (8), (10), (13), (18), (19), and (22) of section
3121(b) of such Code.
(B) Allowance for certain health plan expenses.--
(i) In general.--Such term shall include
amounts paid or incurred by the eligible
employer to provide and maintain a group health
plan (as defined in section 5000(b)(1) of the
Internal Revenue Code of 1986), but only to the
extent that such amounts are excluded from the
gross income of employees by reason of section
106(a) of such Code.
(ii) Allocation rules.--For purposes of
this section, amounts treated as wages under
clause (i) shall be treated as paid with
respect to any employee (and with respect to
any period) to the extent that such amounts are
properly allocable to such employee (and to
such period) in such manner as the Secretary
may prescribe. Except as otherwise provided by
the Secretary, such allocation shall be treated
as properly made if made on the basis of being
pro rata among periods of coverage.
(6) Employer.--The term ``employer'' means any employer (as
defined in section 3401(d) of such Code) of at least one
employee on any day in calendar year 2020.
(7) Other terms.--Except as otherwise provided in this
section, any term used in this section which is also used in
chapter 21 or 22 of the Internal Revenue Code of 1986 shall
have the same meaning as when used in such chapter.
(d) Aggregation Rule.--All persons treated as a single employer
under subsection (a) or (b) of section 52 of the Internal Revenue Code
of 1986, or subsection (m) or (o) of section 414 of such Code, shall be
treated as one employer for purposes of this section.
(e) Denial of Double Benefit.--For purposes of chapter 1 of such
Code, the gross income of any eligible 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) Certain Governmental Employers.--
(1) In general.--The credit under this section shall not be
allowed to the Federal Government, the government of any State,
of the District of Columbia, or of any possession of the United
States, any tribal government, or any political subdivision,
agency, or instrumentality of any of the foregoing.
(2) Exception.--Paragraph (1) shall not apply to any
organization described in section 501(c)(1) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
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
may prescribe) not to have this section apply.
(h) Transfers to Certain Trust Funds.--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. 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.
(i) Treatment of Deposits.--The Secretary shall waive any penalty
under section 6656 of such Code for any failure to make a deposit of
applicable employment taxes if the Secretary determines that such
failure was due to the anticipation of the credit allowed under this
section.
(j) Third Party Payors.--Any credit allowed under this section
shall be treated as a credit described in section 3511(d)(2) of such
Code.
(k) Regulations and Guidance.--The Secretary shall issue such
forms, instructions, regulations, and guidance as are necessary--
(1) to allow the advance payment of the credit under
subsection (a), subject to the limitations provided in this
section, based on such information as the Secretary shall
require,
(2) regulations or other guidance to provide for the
reconciliation of such advance payment with the amount of the
credit at the time of filing the return of tax for the
applicable quarter or taxable year,
(3) with respect to 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 the Internal
Revenue Code of 1986), including regulations or guidance
allowing such payors to submit documentation necessary to
substantiate the eligible employer status of employers that use
such payors,
(4) for application of subsection (b)(1)(A) and
subparagraphs (A)(ii)(II) and (B) of subsection (c)(2) in the
case of any employer which was not carrying on a trade or
business for all or part of the same calendar quarter in the
prior year, and
(5) 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).
(l) Application of Section.--This section shall apply only to
qualified fixed expenses paid or accrued after March 12, 2020, and
before January 1, 2021.
SEC. 20213. BUSINESS INTERRUPTION CREDIT FOR CERTAIN SELF-EMPLOYED
INDIVIDUALS.
(a) Credit Against Tax.--In the case of an eligible self-employed
individual, there shall be allowed as a credit against the tax imposed
by chapter 1 of subtitle A of the Internal Revenue Code of 1986 for the
taxpayer's first taxable year beginning in 2020 an amount equal to 90
percent of the eligible self-employed individual's qualified self-
employment income.
(b) Limitations.--
(1) Overall limitation.--The amount of qualified self-
employment income taken into account under subsection (a) with
respect to any eligible self-employed individual shall not
exceed $45,000.
(2) Limitation based on modified adjusted gross income.--
(A) In general.--The amount of the credit allowed
by subsection (a) (after application of paragraph (1))
shall be reduced (but not below zero) by 50 percent of
so much of the taxpayer's modified adjusted gross
income for the taxpayer's first taxable year beginning
in 2020 as exceeds $60,000 ($120,000 in the case of a
joint return).
(B) Modified adjusted gross income.--For purposes
of this section the term ``modified adjusted gross
income'' means adjusted gross income determined without
regard to sections 911, 931, and 933 of such Code.
(c) Eligible Self-employed Individual.--For purposes of this
section, the term ``eligible self-employed individual'' means an
individual--
(1) who--
(A) regularly carries on one or more trades or
businesses within the meaning of section 1402 of such
Code, or
(B) is allocated income or loss described in
section 702(a)(8) of such Code from any trade or
business carried on by a partnership which is not
excluded under section 1402 of such Code, and
(2) for whom gross self-employment income during the first
taxable year beginning in 2020 is less than 90 percent of such
individual's gross self-employment income during the first
taxable year beginning in 2019.
(d) Qualified Self-employment Income.--For purposes of this
section--
(1) In general.--The term ``qualified self-employment
income'' means the product of--
(A) the specified gross self-employment income
reduction for the first taxable year beginning in 2020,
multiplied by
(B) the ratio of--
(i) self-employment income (as determined
under section 1402(b) of such Code, but not
below zero) for the first taxable year
beginning in 2019, divided by
(ii) gross self-employment income for the
first taxable year beginning in 2019.
(2) Limitation based on modified adjusted gross income.--In
the case of any taxpayer, qualified self-employment income
shall not exceed the excess (if any) of--
(A) modified adjusted gross income for the first
taxable year beginning in 2019, over
(B) modified adjusted gross income for the first
taxable year beginning in 2020.
(3) Specified gross self-employment income reduction.--For
purposes of paragraph (1), the term ``specified gross self-
employment income reduction'' means, with respect to a taxable
year, the excess (if any) of--
(A) 90 percent of gross self-employment income for
the taxable year preceding such taxable year, over
(B) gross self-employment income for such taxable
year.
(e) Gross Self-employment Income.--For purposes of this section,
the term ``gross self-employment income'' means, with respect to any
taxable year, the sum of--
(1) the eligible self-employed individuals' gross income
derived from all trades or business carried on by such
individual for purposes of determining net earnings from self-
employment under section 1402 of such Code for such taxable
year, and
(2) the eligible individual's distributive share of gross
income (as determined under section 702(c) of such Code) from
any trade or business carried on by a partnership for purposes
of determining net earnings from self-employment under section
1402 of such Code (and which is not excluded under such
section) for such taxable year.
(f) Special Rules.--
(1) Credit refundable.--
(A) In general.--The credit determined under this
section shall be treated as a credit allowed to the
taxpayer under subpart C of part IV of subchapter A of
chapter 1 of such Code.
(B) Treatment of payments.--For purposes of section
1324 of title 31, United States Code, any refund due
from the credit allowed 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.
(2) Documentation.--No credit shall be allowed under this
section unless the taxpayer maintains such documentation as the
Secretary of the Treasury (or the Secretary's delegate) may
prescribe to establish such individual as an eligible self-
employed individual.
(3) Denial of double benefit.--Qualified self-employment
income shall be reduced by--
(A) the qualified sick leave equivalent amount for
which a credit is allowed under section 7002(a) of the
Families First Coronavirus Response Act and the
qualified family leave equivalent amount for which a
credit is allowed under section 7004(a) of such Act,
(B) the qualified wages for which a credit is
allowed under section 2301 of the CARES Act,
(C) the amount of the credit allowed under section
6432 of the Internal Revenue Code of 1986 (as added by
this Act), and
(D) except to the extent taken into account in
determining gross self-employment income, amounts from
a covered loan under section 7(a)(36) of the Small
Business Act that are--
(i) forgiven pursuant to section 1106(b) of
the CARES Act, and
(ii) paid or distributed to the eligible
self-employed individual as payroll costs
described in section 7(a)(36)(A)(viii)(I) of
the Small Business Act.
(4) Joint returns.--
(A) In general.--In the case of a joint return, the
taxpayer shall be treated for purposes of this section
as an eligible self-employed individual if either
spouse is an eligible self-employed individual.
(B) Application of modified adjusted gross income
limitation on qualified self-employment income.--If the
taxpayer filed a joint return for only one of the
taxable years described in subsection (d)(2), such
limitation shall apply in such manner as the Secretary
of the Treasury (or the Secretary's delegate) may
provide.
(5) Election not to have section apply.--This section shall
not apply with respect to any taxpayer for any taxable year if
such taxpayer 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.
(g) Application of Credit in Certain Possessions.--
(1) Payments to possessions with mirror code tax systems.--
The Secretary of the Treasury (or the Secretary's delegate)
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 application of the provisions
of this section. Such amounts shall be determined by the
Secretary of the Treasury (or the Secretary's delegate) based
on information provided by the government of the respective
possession.
(2) Payments to other possessions.--The Secretary of the
Treasury (or the Secretary's delegate) 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 (or the Secretary's delegate) as being equal to the
aggregate benefits (if any) that would have been provided to
residents of such possession by reason of the provisions of
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 (or the Secretary's delegate),
under which such possession will promptly distribute such
payments to its residents.
(3) Mirror code tax system.--For purposes of this section,
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.
(4) 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.
(h) Certain Terms.--Any term used in this section which is also
used in chapter 2 of the Internal Revenue Code of 1986 shall have the
same meaning as when used in such chapter.
(i) Regulations and Guidance.--The Secretary of the Treasury (or
the Secretary's delegate) shall issue such forms, instructions,
regulations, and guidance as are necessary or appropriate--
(1) to allow the advance payment of the credit under
subsection (a) (including allowing use of the anticipated
credit to offset estimated taxes) based on the taxpayer's good
faith estimates of gross self-employment income and qualified
self-employment income for the first taxable year beginning in
2020 and such other information as the Secretary of the
Treasury (or the Secretary's delegate) shall require, subject
to the limitations provided in this section,
(2) to provide for the reconciliation of such advance
payment with the amount of the credit at the time of filing the
return of tax for the taxpayer's first taxable year beginning
in 2020,
(3) to provide for the application of this section to
partners in partnerships, and
(4) to implement the purposes of this section.
Subtitle C--Credits for Paid Sick and Family Leave
SEC. 20221. EXTENSION OF CREDITS.
(a) In General.--Sections 7001(g), 7002(e), 7003(g), and 7004(e) of
the Families First Coronavirus Response Act are each amended by
striking ``2020'' and inserting ``2021''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in the provisions of the Families First
Coronavirus Response Act to which they relate.
SEC. 20222. REPEAL OF REDUCED RATE OF CREDIT FOR CERTAIN LEAVE.
(a) Payroll Credit.--Section 7001(b) of the Families First
Coronavirus Response Act is amended by inserting ``or any day on or
after the date of the enactment of the COVID-19 Tax Relief Act of
2020'' after ``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''.
(b) Self-Employed Credit.--
(1) In general.--Clauses (i) and (ii) of section
7002(c)(1)(B) of the Families First Coronavirus Response Act
are each amended by inserting inserting ``or any day on or
after the date of the enactment of the COVID-19 Tax Relief Act
of 2020'' after ``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''.
(2) Conforming amendment.--Section 7002(d)(3) of the
Families First Coronavirus Response Act is amended by inserting
inserting ``or any day on or after the date of the enactment of
the COVID-19 Tax Relief Act of 2020'' after ``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''.
(c) Effective Date.--The amendments made by this section shall
apply to days on or after the date of the enactment of this Act.
SEC. 20223. INCREASE IN LIMITATIONS ON CREDITS FOR PAID FAMILY LEAVE.
(a) Increase in Overall Limitation on Qualified Family Leave
Wages.--
(1) In general.--Section 7003(b)(1)(B) of the Families
First Coronavirus Response Act is amended by striking
``$10,000'' and inserting ``$12,000''.
(2) Conforming amendment.--Section 7004(d)(3) of the
Families First Coronavirus Response Act is amended by striking
``$10,000'' and inserting ``$12,000''.
(b) Increase in Qualified Family Leave Equivalent Amount for Self-
employed Individuals.--Section 7004(c)(1)(A) of the Families First
Coronavirus Response Act is amended by striking ``50'' and inserting
``60''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the provisions of the Families First
Coronavirus Response Act to which they relate.
SEC. 20224. ELECTION TO USE PRIOR YEAR NET EARNINGS FROM SELF-
EMPLOYMENT IN DETERMINING AVERAGE DAILY SELF-EMPLOYMENT
INCOME.
(a) Credit for Sick Leave.--Section 7002(c) of the Families First
Coronavirus Response Act is amended by adding at the end the following
new paragraph:
``(4) Election to use prior year net earnings from self-
employment income.--In the case of an individual who elects (at
such time and in such manner as the Secretary, or the
Secretary's delegate, may provide) the application of this
paragraph, paragraph (2)(A) shall be applied by substituting
`the prior taxable year' for `the taxable year'.''.
(b) Credit for Family Leave.--Section 7004(c) of the Families First
Coronavirus Response Act is amended by adding at the end the following
new paragraph:
``(4) Election to use prior year net earnings from self-
employment income.--In the case of an individual who elects (at
such time and in such manner as the Secretary, or the
Secretary's delegate, may provide) the application of this
paragraph, paragraph (2)(A) shall be applied by substituting
`the prior taxable year' for `the taxable year'.''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the provisions of the Families First
Coronavirus Response Act to which they relate.
SEC. 20225. FEDERAL, STATE, AND LOCAL GOVERNMENTS ALLOWED TAX CREDITS
FOR PAID SICK AND PAID FAMILY AND MEDICAL LEAVE.
(a) In General.--Sections 7001(e) and 7003(e) of the Families First
Coronavirus Response Act are each amended by striking paragraph (4).
(b) Coordination With Application of Certain Definitions.--
(1) In general.--Sections 7001(c) and 7003(c) of the
Families First Coronavirus Response Act are each amended--
(A) by inserting ``, determined without regard to
paragraphs (1) through (22) of section 3121(b) of such
Code'' after ``as defined in section 3121(a) of the
Internal Revenue Code of 1986'', and
(B) by inserting ``, determined without regard to
the sentence in paragraph (1) thereof which begins
`Such term does include remuneration''' after ``as
defined in section 3231(e) of the Internal Revenue
Code''.
(2) Conforming amendments.--Sections 7001(e)(3) and
7003(e)(3) of the Families First Coronavirus Response Act are
each amended by striking ``Any term'' and inserting ``Except as
otherwise provided in this section, any term''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the provisions of the Families First
Coronavirus Response Act to which they relate.
SEC. 20226. CERTAIN TECHNICAL IMPROVEMENTS.
(a) Coordination With Exclusion From Employment Taxes.--Sections
7001(c) and 7003(c) of the Families First Coronavirus Response Act, as
amended by the preceding provisions of this Act, are each amended--
(1) by inserting ``and section 7005(a) of this Act,'' after
``determined without regard to paragraphs (1) through (22) of
section 3121(b) of such Code'', and
(2) by inserting ``and without regard to section 7005(a) of
this Act'' after ``which begins `Such term does not include
remuneration'''.
(b) Clarification of Applicable Railroad Retirement Tax for Paid
Leave Credits.--Sections 7001(e) and 7003(e) of the Families First
Coronavirus Response Act, as amended by the preceding provisions of
this Act, are each amended by adding at the end the following new
paragraph:
``(4) References to railroad retirement tax.--Any reference
in this section to the tax imposed by section 3221(a) of the
Internal Revenue Code of 1986 shall be treated as a reference
to so much of such tax as is attributable to the rate in effect
under section 3111(a) of such Code.''.
(c) Clarification of Treatment of Paid Leave for Applicable
Railroad Retirement Tax.--Section 7005(a) of the Families First
Coronavirus Response Act is amended by adding the following sentence at
the end of such subsection: ``Any reference in this subsection to the
tax imposed by section 3221(a) of such Code shall be treated as a
reference to so much of the tax as is attributable to the rate in
effect under section 3111(a) of such Code.''
(d) Clarification of Applicable Railroad Retirement Tax for
Hospital Insurance Tax Credit.--Section 7005(b)(1) of the Families
First Coronavirus Response Act is amended as follows:
``(1) In general.--The credit allowed by section 7001 and
the credit allowed by section 7003 shall each be increased by
the amount of the tax imposed by section 3111(b) of the
Internal Revenue Code of 1986 and so much of the taxes imposed
under section 3221(a) of such Code as are attributable to the
rate in effect under section 3111(b) of such Code on qualified
sick leave wages, or qualified family leave wages, for which
credit is allowed under such section 7001 or 7003
(respectively).''.
(e) Effective Date.--The amendments made by this section shall take
effect as if included in the provisions of the Families First
Coronavirus Response Act to which they relate.
SEC. 20227. CREDITS NOT ALLOWED TO CERTAIN LARGE EMPLOYERS.
(a) Credit for Required Paid Sick Leave.--
(1) In general.--Section 7001(a) of the Families First
Coronavirus Response Act 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 the Families
First Coronavirus Response Act, as amended by the preceding
provisions of this Act, 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 than 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 the Families First
Coronavirus Response Act 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 the Families
First Coronavirus Response Act, as amended by the preceding
provisions of this Act, 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 than 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''.
(c) Effective Date.--The amendments made by this section shall
apply to wages paid after the date of the enactment of this Act.
Subtitle D--Other Relief
SEC. 20231. PAYROLL TAX DEFERRAL ALLOWED FOR RECIPIENTS OF CERTAIN LOAN
FORGIVENESS.
(a) In General.--Section 2302(a) of the CARES Act is amended by
striking paragraph (3).
(b) Effective Date.--The amendment made by this section shall take
effect as if included in section 2302 of the CARES Act.
SEC. 20232. EMERGENCY FINANCIAL AID GRANTS.
(a) In General.--In the case of a student receiving a qualified
emergency financial aid grant--
(1) such grant shall not be included in the gross income of
such individual for purposes of the Internal Revenue Code of
1986, and
(2) such grant shall not be treated as described in
subparagraph (A), (B), or (C) of section 25A(g)(2) of such
Code.
(b) Definitions.--For purposes of this subsection, the term
``qualified emergency financial aid grant'' means--
(1) any emergency financial aid grant awarded by an
institution of higher education under section 3504 of the CARES
Act,
(2) any emergency financial aid grant from an institution
of higher education made with funds made available under
section 18004 of the CARES Act, and
(3) any other emergency financial aid grant made to a
student from a Federal agency, a State, an Indian tribe, an
institution of higher education, or a scholarship-granting
organization (including a tribal organization, as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C.5304)) for the purpose of providing
financial relief to students enrolled at institutions of higher
education in response to a qualifying emergency (as defined in
section 3502(a)(4) of the CARES Act).
(c) Limitation.--This section shall not apply to that portion of
any amount received which represents payment for teaching, research, or
other services required as a condition for receiving the qualified
emergency financial aid grant.
(d) Effective Date.--This section shall apply to qualified
emergency financial aid grants made after March 26, 2020.
SEC. 20233. CERTAIN LOAN FORGIVENESS AND OTHER BUSINESS FINANCIAL
ASSISTANCE UNDER CARES ACT NOT INCLUDIBLE IN GROSS
INCOME.
(a) United States Treasury Program Management Authority.--For
purposes of the Internal Revenue Code of 1986, no amount shall be
included in gross income by reason of loan forgiveness described in
section 1109(d)(2)(D) of the CARES Act.
(b) Emergency EIDL Grants.--For purposes of the Internal Revenue
Code of 1986, any advance described in section 1110(e) of the CARES Act
shall not be included in the gross income of the person that receives
such advance.
(c) Subsidy for Certain Loan Payments.--For purposes of the
Internal Revenue Code of 1986, any payment described in section 1112(c)
of the CARES Act shall not be included in the gross income of the
person on whose behalf such payment is made.
(d) Effective Date.--Subsections (a), (b), and (c) shall apply to
taxable years ending after the date of the enactment of the CARES Act.
SEC. 20234. AUTHORITY TO WAIVE CERTAIN INFORMATION REPORTING
REQUIREMENTS.
The Secretary of the Treasury (or the Secretary's delegate) may
provide an exception from any requirement to file an information return
otherwise required by chapter 61 of the Internal Revenue Code of 1986
with respect to any amount excluded from gross income by reason of
section 1106(i) of the CARES Act or section 20232 or 20233 of this Act.
SEC. 20235. CLARIFICATION OF TREATMENT OF EXPENSES PAID OR INCURRED
WITH PROCEEDS FROM CERTAIN GRANTS AND LOANS.
(a) In General.--For purposes of the Internal Revenue Code of 1986
and notwithstanding any other provision of law, any deduction and the
basis of any property shall be determined without regard to whether any
amount is excluded from gross income under section 20233 of this Act or
section 1106(i) of the CARES Act.
(b) Clarification of Exclusion of Loan Forgiveness.--Section
1106(i) of the CARES Act is amended to read as follows:
``(i) Taxability.--For purposes of the Internal Revenue Code of
1986, no amount shall be included in the gross income of the eligible
recipient by reason of forgiveness of indebtedness described in
subsection (b).''.
(c) Effective Date.--Subsection (a) and the amendment made by
subsection (b) shall apply to taxable years ending after the date of
the enactment of the CARES Act.
SEC. 20236. REINSTATEMENT OF CERTAIN PROTECTIONS FOR TAXPAYER RETURN
INFORMATION.
(a) In General.--Section 6103(a)(3) of the Internal Revenue Code of
1986, as amended by section 3516 of the CARES Act, is amended by
striking ``(13)(A), (13)(B), (13)(C), (13)(D)(i), (16)'' and inserting
``(13), (16)''.
(b) Records Requirements.--Section 6103(p)(3)(A) of such Code, as
so amended, is amended by striking ``(12), (13)(A), (13)(B), (13)(C),
(13)(D)(i)'' and inserting ``(12),''.
(c) Application of Safeguards.--Section 6103(p)(4) of such Code, as
so amended, is amended by striking ``(13)(A), (13)(B), (13)(C),
(13)(D)(i)'' each place it appears and inserting ``(13)''.
(d) Effective Date.--The amendments made by this section shall
apply to disclosures made after the date of the enactment of the FUTURE
Act (Public Law 116-91).
TITLE III--NET OPERATING LOSSES
SEC. 20301. LIMITATION ON EXCESS BUSINESS LOSSES OF NON-CORPORATE
TAXPAYERS RESTORED AND MADE PERMANENT.
(a) In General.--Section 461(l)(1) of the Internal Revenue Code of
1986 is amended to read as follows:
``(1) Limitation.--In the case of a taxpayer other than a
corporation, any excess business loss of the taxpayer shall not
be allowed.''.
(b) Farming Losses.--Section 461 of such Code is amended by
striking subsection (j).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2017.
SEC. 20302. CERTAIN TAXPAYERS ALLOWED CARRYBACK OF NET OPERATING LOSSES
ARISING IN 2019 AND 2020.
(a) Carryback of Losses Arising in 2019 and 2020.--
(1) In general.--Section 172(b)(1)(D)(i) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(i) In general.--In the case of any net
operating loss arising in a taxable year
beginning after December 31, 2018, and before
January 1, 2021, and to which subparagraphs (B)
and (C)(i) do not apply, such loss shall be a
net operating loss carryback to each taxable
year preceding the taxable year of such loss,
but not to any taxable year beginning before
January 1, 2018.''.
(2) Conforming amendments.--
(A) The heading for section 172(b)(1)(D) of such
Code is amended by striking ``2018, 2019, and'' and
inserting ``2019 and''.
(B) Section 172(b)(1)(D) of such Code is amended by
striking clause (iii) and by redesignating clauses (iv)
and (v) as clauses (iii) and (iv), respectively.
(C) Section 172(b)(1)(D)(iii) of such Code, as so
redesignated, is amended by striking ``(i)(I)'' and
inserting ``(i)''.
(D) Section 172(b)(1)(D)(iv) of such Code, as so
redesignated, is amended--
(i) by striking ``If the 5-year carryback
period under clause (i)(I)'' in subclause (I)
and inserting ``If the carryback period under
clause (i)'', and
(ii) by striking ``2018 or'' in subclause
(II).
(b) Disallowed for Certain Taxpayers.--Section 172(b)(1)(D) of such
Code, as amended by the preceding provisions of this Act, is amended by
adding at the end the following new clauses:
``(v) Carryback disallowed for certain
taxpayers.--Clause (i) shall not apply with
respect to any loss arising in a taxable year
in which--
``(I) 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.
``(vi) Specified corporation.--For purposes
of clause (v)--
``(I) In general.--The term
`specified corporation' means, with
respect to any taxable year, a
corporation the aggregate distributions
(including redemptions) of which during
all taxable years 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 fair market value of
stock (as of the issue date of such
stock) issued by the corporation during
all taxable years 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 subclause
(I), stock described in section
1504(a)(4), and distributions
(including redemptions) with respect to
such stock, shall be disregarded.
``(vii) Related person.--For purposes of
clause (v), 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).''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 2302(b) of the
Coronavirus Aid, Relief, and Economic Security Act.
DIVISION C--HEALTH PROVISIONS
TITLE I--MEDICAID PROVISIONS
covid-19-related temporary increase of medicaid fmap
Sec. 30101.
(a) In General.--Section 6008 of the Families First Coronavirus
Response Act (42 U.S.C. 1396d note) is amended--
(1) in subsection (a)--
(A) by inserting ``(or, if later, June 30, 2021)''
after ``last day of such emergency period occurs''; and
(B) by striking ``6.2 percentage points.'' and
inserting ``the percentage points specified in
subsection (e). In no case may the application of this
section result in the Federal medical assistance
percentage determined for a State being more than 95
percent.''; and
(2) by adding at the end the following new subsections:
``(e) Specified Percentage Points.--For purposes of subsection (a),
the percentage points specified in this subsection are--
``(1) for each calendar quarter occurring during the period
beginning on 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. 1320b-5(g)) and ending on June 30, 2020, 6.2
percentage points;
``(2) for each calendar quarter occurring during the period
beginning on July 1, 2020, and ending on June 30, 2021, 14
percentage points; and
``(3) for each calendar quarter, if any, occurring during
the period beginning on July 1, 2021, and ending on the last
day of the calendar quarter in which the last day of such
emergency period occurs, 6.2 percentage points.
``(f) Clarifications.--
``(1) In the case of a State that treats an individual
described in subsection (b)(3) as eligible for the benefits
described in such subsection, for the period described in
subsection (a), expenditures for medical assistance and
administrative costs attributable to such individual that would
not otherwise be included as expenditures under section 1903 of
the Social Security Act shall be regarded as expenditures under
the State plan approved under title XIX of the Social Security
Act or for administration of such State plan.
``(2) The limitations on payment under subsections (f) and
(g) of section 1108 of the Social Security Act (42 U.S.C. 1308)
shall not apply to Federal payments made under section
1903(a)(1) of the Social Security Act (42 U.S.C. 1396b(a)(1))
attributable to the increase in the Federal medical assistance
percentage under this section.
``(3) Expenditures attributable to the increased Federal
medical assistance percentage under this section shall not be
counted for purposes of the limitations under section
2104(b)(4) of such Act (42 U.S.C. 1397dd(b)(4)).
``(g) Scope of Application.--An increase in the Federal medical
assistance percentage for a State under this section shall not be taken
into account for purposes of payments under part D of title IV of the
Social Security Act (42 U.S.C. 651 et seq.).''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect and apply as if included in the enactment of section 6008
of the Families First Coronavirus Response Act (Public Law 116-127).
limitation on additional secretarial action with respect to medicaid
supplemental payments reporting requirements
Sec. 30102.
(a) In General.--Notwithstanding any other provision of law, during
the period that begins on the date of enactment of this section and
ends on the last day of the emergency period described 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.
additional support for medicaid home and community-based services
during the covid-19 emergency period
Sec. 30103.
(a) Increased FMAP.--
(1) In general.--Notwithstanding section 1905(b) of the
Social Security Act (42 U.S.C. 1396d(b)), in the case of an
HCBS program State, the Federal medical assistance percentage
determined for the State under section 1905(b) of such Act and,
if applicable, increased under subsection (y), (z), or (aa) of
section 1905 of such Act (42 U.S.C. 1396d), section 1915(k) of
such Act (42 U.S.C. 1396n(k)), or section 6008(a) of the
Families First Coronavirus Response Act (Public Law 116-127),
shall be increased by 10 percentage points with respect to
expenditures of the State under the State Medicaid program for
home and community-based services that are provided during the
HCBS program improvement period. In no case may the application
of the previous sentence result in the Federal medical
assistance percentage determined for a State being more than 95
percent.
(2) Definitions.--In this section:
(A) HCBS program improvement period.--The term
``HCBS program improvement period'' means, with respect
to a State, the period--
(i) beginning on July 1, 2020; and
(ii) ending on June 30, 2021.
(B) HCBS program state.--The term ``HCBS program
State'' means a State that meets the condition
described in subsection (b) by submitting an
application described in such subsection, which is
approved by the Secretary pursuant to subsection (c).
(C) Home and community-based services.--The term
``home and community-based services'' means home health
care services authorized under paragraph (7) of section
1905(a) of the Social Security Act (42 U.S.C.
1396d(a)), personal care services authorized under
paragraph (24) of such section, PACE services
authorized under paragraph (26) of such section,
services authorized under subsections (b), (c), (i),
(j), and (k) of section 1915 of such Act (42 U.S.C.
1396n), such services authorized under a waiver under
section 1115 of such Act (42 U.S.C. 1315), and such
other services specified by the Secretary.
(b) Condition.--The condition described in this subsection, with
respect to a State, is that the State submits an application to the
Secretary, at such time and in such manner as specified by the
Secretary, that includes, in addition to such other information as the
Secretary shall require--
(1) a description of which activities described in
subsection (d) that a state plans to implement and a
description of how it plans to implement such activities;
(2) assurances that the Federal funds attributable to the
increase under subsection (a) will be used--
(A) to implement the activities described in
subsection (d); and
(B) to supplement, and not supplant, the level of
State funds expended for home and community-based
services for eligible individuals through programs in
effect as of the date of the enactment of this section;
and
(3) assurances that the State will conduct adequate
oversight and ensure the validity of such data as may be
required by the Secretary.
(c) Approval of Application.--Not later than 90 days after the date
of submission of an application of a State under subsection (b), the
Secretary shall certify if the application is complete. Upon
certification that an application of a State is complete, the
application shall be deemed to be approved for purposes of this
section.
(d) Activities to Improve the Delivery of HCBS.--
(1) In general.--A State shall work with community
partners, such as Area Agencies on Aging, Centers for
Independent Living, non-profit home and community-based
services providers, and other entities providing home and
community-based services, to implement--
(A) the purposes described in paragraph (2) during
the COVID-19 public health emergency period; and
(B) the purposes described in paragraph (3) after
the end of such emergency period.
(2) Focused areas of hcbs improvement.--The purposes
described in this paragraph, with respect to a State, are the
following:
(A) To increase rates for home health agencies and
agencies that employ direct support professionals
(including independent providers in a self-directed or
consumer-directed model) 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 workers or direct
support professionals.
(B) To provide paid sick leave, paid family leave,
and paid medical leave for home health workers and
direct support professionals.
(C) To provide hazard pay, overtime pay, and shift
differential pay for home health workers and direct
support professionals.
(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,
which may include items not typically covered under the
Medicaid program, such as personal protective
equipment, necessary to enhance access to services and
to protect the health and well-being of home health
workers and direct support professionals.
(F) To pay for the travel of home health workers
and direct support professionals to conduct home and
community-based services.
(G) To recruit new home health workers and direct
support professionals.
(H) To support family care providers of eligible
individuals with needed supplies and equipment, which
may include items not typically covered under the
Medicaid program, such as personal protective
equipment, and pay.
(I) To pay for training for home health workers and
direct support professionals that is specific to the
COVID-19 public health emergency.
(J) To pay for assistive technologies, staffing,
and other costs incurred during the COVID-19 public
health emergency period in order to facilitate
community integration and ensure an individual's
person-centered service plan continues to be fully
implemented.
(K) To prepare information and public health and
educational materials in accessible formats (including
formats accessible to people with low literacy or
intellectual disabilities) about prevention, treatment,
recovery and other aspects of COVID-19 for eligible
individuals, their families, and the general community
served by agencies described in subparagraph (A).
(L) 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.
(M) To allow day services providers to provide home
and community-based services.
(N) To pay for other expenses deemed appropriate by
the Secretary to enhance, expand, or strengthen Home
and Community-Based Services, including retainer
payments, and expenses which meet the criteria of the
home and community-based settings rule published on
January 16, 2014.
(3) Permissible uses after the emergency period.--The
purpose described in this paragraph, with respect to a State,
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, first month's rent, and other one-
time expenses and start-up 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) while funds attributable to the increased FMAP
under this section remain available, 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 December
31, 2022, any State with respect to which an application is
approved by the Secretary pursuant to subsection (c) shall
submit a report to the Secretary that contains the following
information:
(A) Activities and programs that were funded using
Federal funds attributable to such increase.
(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 evaluation.--
(A) In general.--The Secretary shall evaluate the
implementation and outcomes of this section in the
aggregate using an external evaluator with experience
evaluating home and community-based services,
disability programs, and older adult programs.
(B) Evaluation criteria.--For purposes of
subparagraph (A), the external evaluator shall--
(i) document and evaluate changes in
access, availability, and quality of home and
community-based services in each HCBS program
State;
(ii) document and evaluate aggregate
changes in access, availability, and quality of
home and community-based services across all
such States; and
(iii) evaluate the implementation and
outcomes of this section based on--
(I) the impact of this section on
increasing funding for home and
community-based services;
(II) the impact of this section on
achieving targeted access,
availability, and quality of home and
community-based services; and
(III) promising practices
identified by activities conducted
pursuant to subsection (d) that
increase access to, availability of,
and quality of home and community-based
services.
(C) Dissemination of evaluation findings.--The
Secretary shall--
(i) disseminate the findings from the
evaluations conducted under this paragraph to--
(I) all State Medicaid directors;
and
(II) the Committee on Energy and
Commerce of the House of
Representatives, the Committee on
Finance of the Senate, and the Special
Committee on Aging of the Senate; and
(ii) make all evaluation findings publicly
available in an accessible electronic format
and any other accessible format determined
appropriate by the Secretary.
(D) Oversight.--Each State with respect to which an
application is approved by the Secretary pursuant to
subsection (c) shall ensure adequate oversight of the
expenditure of Federal funds pursuant to such increase
in accordance with the Medicaid regulations, including
section 1115 and 1915 waiver regulations and special
terms and conditions for any relevant waiver or grant
program.
(3) Non-application of the paperwork reduction act.--
Chapter 35 of title 44, United States Code (commonly referred
to as the ``Paperwork Reduction Act of 1995''), shall not apply
to the provisions of this subsection.
(f) Additional 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 described 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) 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).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(5) 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.).
coverage at no cost sharing of covid-19 vaccine and treatment
Sec. 30104.
(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) during the portion of the emergency
period described in paragraph (1)(B) of section 1135(g)
beginning on the date of the enactment of the HEROES
Act, a COVID-19 vaccine licensed under section 351 of
the Public Health Service Act, or approved or
authorized under sections 505 or 564 of the Federal
Food, Drug, and Cosmetic Act, and administration of the
vaccine; (F) during such portion of the emergency
period described in paragraph (1)(B) of section
1135(g), items or services for the prevention or
treatment of COVID-19, including drugs approved or
authorized under such section 505 or such section 564
or, without regard to the requirements of section
1902(a)(10)(B) (relating to comparability), in the case
of an individual who is diagnosed with or presumed to
have COVID-19, during such portion of such emergency
period during which such individual is infected (or
presumed infected) with COVID-19, the treatment of 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) 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) during the portion of the emergency period
described in paragraph (1)(B) of section 1135(g)
beginning on the date of the enactment of this
subparagraph, a COVID-19 vaccine licensed under section
351 of the Public Health Service Act, or approved or
authorized under section 505 or 564 of the Federal
Food, Drug, and Cosmetic Act, and the administration of
such vaccine, or
``(I) during such portion of the emergency period
described in paragraph (1)(B) of section 1135(g), any
item or service furnished for the treatment of COVID-
19, including drugs approved or authorized under such
section 505 or such section 564 or, in the case of an
individual who is diagnosed with or presumed to have
COVID-19, during the portion of such emergency period
during which such individual is infected (or presumed
infected) with COVID-19, the treatment of 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)) 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) During the portion of the emergency
period described in paragraph (1)(B) of section
1135(g) beginning on the date of the enactment
of this clause, a COVID-19 vaccine licensed
under section 351 of the Public Health Service
Act, or approved or authorized under section
505 or 564 of the Federal Food, Drug, and
Cosmetic Act, and the administration of such
vaccine.
``(xiii) During such portion of the
emergency period described in paragraph (1)(B)
of section 1135(g), an item or service
furnished for the treatment of COVID-19,
including drugs approved or authorized under
such section 505 or such section 564 or, in the
case of an individual who is diagnosed with or
presumed to have COVID-19, during such portion
of such emergency period during which such
individual is infected (or presumed infected)
with COVID-19, the treatment of a condition
that may complicate the treatment of COVID-
19.''.
(C) Clarification.--The amendments made by 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) during the portion of the emergency period
described in paragraph (1)(B) of section 1135(g)
beginning on the date of the enactment of this
subparagraph, 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)(7)) 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,
during the portion of the emergency period described in
paragraph (1)(B) of section 1135(g) beginning on the
date of the enactment of the HEROES Act, 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, during the portion of the emergency
period described in paragraph (1)(B) of section 1135(g)
beginning on the date of the enactment of the HEROES Act, with
respect to a COVID-19 vaccine licensed under section 351 of the
Public Health Service Act, or approved or authorized under
section 505 or 564 of the Federal Food, Drug, and Cosmetic
Act'' before the period.
(c) CHIP.--
(1) In general.--Section 2103(c) of the Social Security Act
(42 U.S.C. 1397cc(c)) is amended by adding at the end the
following paragraph:
``(11) Coverage of covid-19 vaccines and treatment.--
Regardless of the type of coverage elected by a State under
subsection (a), child health assistance provided under such
coverage for targeted low-income children and, in the case that
the State elects to provide pregnancy-related assistance under
such coverage pursuant to section 2112, such pregnancy-related
assistance for targeted low-income pregnant women (as defined
in section 2112(d)) shall include coverage, during the portion
of the emergency period described in paragraph (1)(B) of
section 1135(g) beginning on the date of the enactment of this
paragraph, of--
``(A) a COVID-19 vaccine licensed under section 351
of the Public Health Service Act, or approved or
authorized under section 505 or 564 of the Federal
Food, Drug, and Cosmetic Act, and the administration of
such vaccine; and
``(B) any item or service furnished for the
treatment of COVID-19, including drugs approved or
authorized under such section 505 or such section 564,
or, in the case of an individual who is diagnosed with
or presumed to have COVID-19, during the portion of
such emergency period during which such individual is
infected (or presumed infected) with COVID-19, the
treatment of 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) administered during the portion of the
emergency period described in paragraph (1)(B) of
section 1135(g) beginning on the date of the enactment
of the HEROES Act, items or services described in
section 1916(a)(2)(I) furnished during such emergency
period, 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 HEROES Act, must comply with subparagraphs (F) through (I)
of subsections (a)(2) and (b)(2) of section 1916 and subsection
(b)(3)(B) of section 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), or approved or authorized under section 505 or 564 of the
Federal Food, Drug, and Cosmetic Act.
optional coverage at no cost sharing of covid-19 treatment and vaccines
under medicaid for uninsured individuals
Sec. 30105.
(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, including drugs approved or authorized
under section 505 or 564 of the Federal Food, Drug, and Cosmetic Act,
or, in the case of an individual who is diagnosed with or presumed to
have COVID-19, during the period such individual is infected (or
presumed infected) with COVID-19, the treatment of 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.--
(1) In general.--Subsection (ss) of section 1902 of the
Social Security Act (42 U.S.C. 1396a) 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).''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect and apply as if included in the enactment of
the Families First Coronavirus Response Act (Public Law 116-
127).
(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) (and the administration of
such product), any COVID-19 vaccine (and the administration of
such vaccine), any item or service that is furnished for the
treatment of COVID-19, including drugs approved or authorized
under section 505 or 564 of the Federal Food, Drug, and
Cosmetic Act, 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.''.
extension of full federal medical assistance percentage to indian
health care providers
Sec. 30106.
Section 1905 of the Social Security Act (42 U.S.C. 1396d) is
amended--
(1) in subsection (a), by amending paragraph (9) to read as
follows:
``(9) clinic services furnished by or under the direction
of a physician, without regard to whether the clinic itself is
administered by a physician, including--
``(A) such services furnished outside the clinic by
clinic personnel to an eligible individual who does not
reside in a permanent dwelling or does not have a fixed
home or mailing address; and
``(B) for the period beginning on July 1, 2020, and
ending on June 30, 2021, such services provided outside
the clinic on the basis of a referral from a clinic
administered by an Indian Health Program (as defined in
paragraph (12) of section 4 of the Indian Health Care
Improvement Act, or an Urban Indian Organization as
defined in paragraph (29) of section 4 of such Act that
has a grant or contract with the Indian Health Service
under title V of such Act;''.
(2) in subsection (b), by inserting after ``(as defined in
section 4 of the Indian Health Care Improvement Act)'' the
following: ``; for the period beginning on July 1, 2020, and
ending on June 30, 2021, the Federal medical assistance
percentage shall also be 100 per centum with respect to amounts
expended as medical assistance for services which are received
through an Urban Indian organization (as defined in section 4
of the Indian Health Care Improvement Act) that has a grant or
contract with the Indian Health Service under title V of such
Act; and, for such period, the Federal medical assistance
percentage shall also be 100 per centum with respect to amounts
expended as medical assistance for services provided to an
individual who is eligible to receive services from the Indian
Health Service and is eligible for assistance under the State
plan, by a participating provider under the State plan whether
provided directly or on the basis of a referral from the Indian
Health Service, a Indian Health Service facility operated by an
Indian tribe or tribal organization, or an Urban Indian
organization (as defined in section 4 of such Act) that has a
grant or contract with the Indian Health Service under title V
of such Act''.
medicaid coverage for citizens of freely associated states
Sec. 30107.
(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) Application to State Plans.--Section 1902(a)(10)(A)(i) of the
Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)) is amended by
inserting after subclause (IX) the following:
``(X) who are described in section
402(b)(2)(G) of the Personal
Responsibility and Work Opportunity
Reconciliation Act of 1996 and eligible
for benefits under this title by reason
of application of such section;''.
(e) Conforming Amendments.--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 ``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).''.
(f) 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.
temporary increase in medicaid dsh allotments
Sec. 30108.
(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 for each of fiscal years 2020 and 2021 is
equal to 102.5 percent of the DSH allotment that would
be determined under this paragraph for the State for
each respective fiscal year without application of this
subparagraph, notwithstanding subparagraphs (B) and
(C). For each fiscal year after fiscal year 2021, 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) DSH Allotment Adjustment for Tennessee.--Section
1923(f)(6)(A)(vi) of the Social Security Act (42 U.S.C. 1396r-
4(f)(6)(A)(vi)) is amended--
(1) by striking ``Notwithstanding any other provision of
this subsection'' and inserting the following:
``(I) In general.--Notwithstanding
any other provision of this subsection
(except as provided in subclause (II)
of this clause)''; and
(2) by adding at the end the following:
``(II) Temporary increase in
allotments.--The DSH allotment for
Tennessee for each of fiscal years 2020
and 2021 shall be equal to
$54,427,500.''.
(c) 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.
extension of existing section 1115 demonstrations
Sec. 30109.
(a) Applicability.--This section shall apply with respect to
demonstrations 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 February 28, 2021.
(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. 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 the 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. 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).
allowing for medical assistance under medicaid for inmates during 30-
day period preceding release
Sec. 30110.
(a) In General.--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''
after ``medical institution''.
(b) Report.--Not later than June 30, 2022, the Medicaid and CHIP
Payment and Access Commission shall submit a report to Congress on the
Medicaid inmate exclusion under the subdivision (A) following paragraph
(30) of section 1905(a) of the Social Security Act (42 U.S.C.
1396d(a)). Such report may, to the extent practicable, include the
following information:
(1) The number of incarcerated individuals who would
otherwise be eligible to enroll for medical assistance under a
State plan approved under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.) (or a waiver of such a plan).
(2) Access to health care for incarcerated individuals,
including a description of medical services generally available
to incarcerated individuals.
(3) A description of current practices related to the
discharge of incarcerated individuals, including how prisons
interact with State Medicaid agencies to ensure that such
individuals who are eligible to enroll for medical assistance
under a State plan or waiver described in paragraph (1) are so
enrolled.
(4) If determined appropriate by the Commission,
recommendations for Congress, the Department of Health and
Human Services, or States regarding the Medicaid inmate
exclusion.
(5) Any other information that the Commission determines
would be useful to Congress.
medicaid coverage of certain medical transportation
Sec. 30111.
(a) Continuing Requirement of Medicaid Coverage of Necessary
Transportation.--
(1) Requirement.--Section 1902(a)(4) of the Social Security
Act (42 U.S.C. 1396a(a)(4)) is amended--
(A) by striking ``and including provision for
utilization'' and inserting ``including provision for
utilization''; and
(B) by inserting after ``supervision of
administration of the plan'' the following: ``, and,
subject to section 1903(i), including a specification
that the single State agency described in paragraph (5)
will ensure necessary transportation for beneficiaries
under the State plan to and from providers and a
description of the methods that such agency will use to
ensure such transportation''.
(2) Application with respect to benchmark benefit packages
and benchmark equivalent coverage.--Section 1937(a)(1) of the
Social Security Act (42 U.S.C. 1396u-7(a)(1)) is amended--
(A) in subparagraph (A), by striking ``subsection
(E)'' and inserting ``subparagraphs (E) and (F)''; and
(B) by adding at the end the following new
subparagraph:
``(F) Necessary transportation.--The State may only
exercise the option under subparagraph (A)(i) if,
subject to section 1903(i)(9) and in accordance with
section 1902(a)(4), the benchmark benefit package or
benchmark equivalent coverage described in such
subparagraph (or the State)--
``(i) ensures necessary transportation for
individuals enrolled under such package or
coverage to and from providers; and
``(ii) provides a description of the
methods that will be used to ensure such
transportation.
''.
(3) Limitation on federal financial participation.--Section
1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is
amended by inserting after paragraph (8) the following new
paragraph:
``(9) with respect to any amount expended for non-
emergency transportation described in section
1902(a)(4), unless the State plan provides for the
methods and procedures required under section
1902(a)(30)(A); or''.
(4) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act and
shall apply to transportation furnished on or after such date.
(b) Medicaid Program Integrity Measures Related to Coverage of
Nonemergency Medical Transportation.--
(1) GAO study.--Not later than two years after the date of
the enactment of this Act, the Comptroller General of the
United States shall conduct a study, and submit to Congress, a
report on coverage under the Medicaid program under title XIX
of the Social Security Act of nonemergency transportation to
medically necessary services. Such study shall take into
account the 2009 report of the Office of the Inspector General
of the Department of Health and Human Services, titled ``Fraud
and Abuse Safeguards for Medicaid Nonemergency Medical
Transportation'' (OEI-06-07-003200). Such report shall include
the following:
(A) An examination of the 50 States and the
District of Columbia to identify safeguards to prevent
and detect fraud and abuse with respect to coverage
under the Medicaid program of nonemergency
transportation to medically necessary services.
(B) An examination of transportation brokers to
identify the range of safeguards against such fraud and
abuse to prevent improper payments for such
transportation.
(C) Identification of the numbers, types, and
outcomes of instances of fraud and abuse, with respect
to coverage under the Medicaid program of such
transportation, that State Medicaid Fraud Control Units
have investigated in recent years.
(D) Identification of commonalities or trends in
program integrity, with respect to such coverage, to
inform risk management strategies of States and the
Centers for Medicare & Medicaid Services.
(2) Stakeholder working group.--
(A) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary of
Health and Human Services, through the Centers of
Medicare & Medicaid Services, shall convene a series of
meetings to obtain input from appropriate stakeholders
to facilitate discussion and shared learning about the
leading practices for improving Medicaid program
integrity, with respect to coverage of nonemergency
transportation to medically necessary services.
(B) Topics.--The meetings convened under
subparagraph (A) shall--
(i) focus on ongoing challenges to Medicaid
program integrity as well as leading practices
to address such challenges; and
(ii) address specific challenges raised by
stakeholders involved in coverage under the
Medicaid program of nonemergency transportation
to medically necessary services, including
unique considerations for specific groups of
Medicaid beneficiaries meriting particular
attention, such as American Indians and tribal
land issues or accommodations for individuals
with disabilities.
(C) Stakeholders.--Stakeholders described in
subparagraph (A) shall include individuals from State
Medicaid programs, brokers for nonemergency
transportation to medically necessary services that
meet the criteria described in section 1902(a)(70)(B)
of the Social Security Act (42 U.S.C. 1396a(a)(70)(B)),
providers (including transportation network companies),
Medicaid patient advocates, and such other individuals
specified by the Secretary.
(3) Guidance review.--Not later than 18 months after the
date of the enactment of this Act, the Secretary of Health and
Human Services, through the Centers for Medicare & Medicaid
Services, shall assess guidance issued to States by the Centers
for Medicare & Medicaid Services relating to Federal
requirements for nonemergency transportation to medically
necessary services under the Medicaid program under title XIX
of the Social Security Act and update such guidance as
necessary to ensure States have appropriate and current
guidance in designing and administering coverage under the
Medicaid program of nonemergency transportation to medically
necessary services.
(4) NEMT transportation provider and driver requirements.--
(A) State plan requirement.--Section 1902(a) of the
Social Security Act (42 U.S.C. 1396a(a)) is amended--
(i) by striking ``and'' at the end of
paragraph (85);
(ii) by striking the period at the end of
paragraph (86) and inserting ``; and''; and
(iii) by inserting after paragraph (86) the
following new paragraph:
``(87) provide for a mechanism, which may include
attestation, that ensures that, with respect to any provider
(including a transportation network company) or individual
driver of nonemergency transportation to medically necessary
services receiving payments under such plan (but excluding any
public transit authority), at a minimum--
``(A) each such provider and individual driver is
not excluded from participation in any Federal health
care program (as defined in section 1128B(f)) and is
not listed on the exclusion list of the Inspector
General of the Department of Health and Human Services;
``(B) each such individual driver has a valid
driver's license;
``(C) each such provider has in place a process to
address any violation of a State drug law; and
``(D) each such provider has in place a process to
disclose to the State Medicaid program the driving
history, including any traffic violations, of each such
individual driver employed by such provider, including
any traffic violations.''.
(B) Effective date.--
(i) In general.--Except as provided in
clause (ii), the amendments made by
subparagraph (A) shall take effect on the date
of the enactment of this Act and shall apply to
services furnished on or after the date that is
one year after the date of the enactment of
this Act.
(ii) Exception if state legislation
required.--In the case of a State plan for
medical assistance under title XIX of the
Social Security Act which the Secretary of
Health and Human Services determines requires
State legislation (other than legislation
appropriating funds) in order for the plan to
meet the additional requirement imposed by the
amendments made by subparagraph (A), the State
plan shall not be regarded as failing to comply
with the requirements of such title solely on
the basis of its failure to meet this
additional requirement before the first day of
the first calendar quarter beginning after the
close of the first regular session of the State
legislature that begins after the date of the
enactment of this Act. For purposes of the
previous sentence, in the case of a State that
has a 2-year legislative session, each year of
such session shall be deemed to be a separate
regular session of the State legislature.
(5) Analysis of t-msis data.--Not later than one year after
the date of the enactment of this Act, the Secretary of Health
and Human Services, through the Centers for Medicare & Medicaid
Services, shall analyze, and submit to Congress a report on,
the nation-wide data set under the Transformed Medicaid
Statistical Information System to identify recommendations
relating to coverage under the Medicaid program under title XIX
of the Social Security Act of nonemergency transportation to
medically necessary services.
TITLE II--MEDICARE PROVISIONS
holding medicare beneficiaries harmless for specified covid-19
treatment services furnished under part a or part b of the medicare
program
Sec. 30201.
(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 during any portion of the emergency period
described 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 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.
ensuring communications accessibility for residents of skilled nursing
facilities during the covid-19 emergency period
Sec. 30202.
(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)). Such guidance shall include information on how
such facilities will notify residents of such facilities,
representatives of such residents, and relatives of such
residents of the rights of such residents to such
televisitation, and ensure timely and equitable access to such
televisitation.
(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)).
medicare hospital inpatient prospective payment system outlier payments
for covid-19 patients during certain emergency period
Sec. 30203.
(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 period beginning on the date of
the enactment of this clause and ending on the sooner of January 31,
2021, or the last day of 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.
coverage of treatments for covid-19 at no cost sharing under the
medicare advantage program
Sec. 30204.
(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 30201(b) of the HEROES 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) 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.
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
Sec. 30205.
(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.
modifying the accelerated and advance payment programs under parts a
and b of the medicare program during the covid-19 emergency
Sec. 30206.
(a) Special Repayment Rules.--
(1) Part a.--Section 1815(f)(2)(C) of the Social Security
Act (42 U.S.C. 1395g(f)(2)(C)) is amended to read as follows:
``(C) In the case of an accelerated payment made under the
program under subsection (e)(3) on or after the date of the
enactment of the CARES Act and so made during the emergency
period described in section 1135(g)(1)(B)--
``(i) such payment shall be treated as if such
payment were made from the General Fund of the
Treasury; and
``(ii) upon request of the hospital, the Secretary
shall--
``(I) provide up to 1 year before claims
are offset to recoup such payment;
``(II) provide that any such offset of a
claim to recoup such payment shall not exceed
25 percent of the amount of such claim; and
``(III) allow not less than 2 years from
the date of the first accelerated payment
before requiring that the outstanding balance
be paid in full.''.
(2) Part b.--In carrying out the program described in
section 421.214 of title 42, Code of Federal Regulations (or
any successor regulation), in the case of a payment made under
such program on or after the date of the enactment of the CARES
Act (Public Law 116-136) and so made during the emergency
period described in section 1135(g)(1)(B) of the Social
Security Act (42 U.S.C. 1320b-5(g)(1)(B)), the Secretary of
Health and Human Services shall--
(A) treat such payment as if such payment were made
from the General Fund of the Treasury; and
(B) upon request of the entity receiving such
payment--
(i) provide up to 1 year before claims are
offset to recoup such payment;
(ii) provide that any such offset of a
claim to recoup such payment shall not exceed
25 percent of the amount of such claim; and
(iii) allow not less than 2 years from the
date of the first advance payment before
requiring that the outstanding balance be paid
in full.
(b) Interest Rates.--
(1) Part a.--Section 1815(d) of the Social Security Act (42
U.S.C. 1395g(d)) is amended by inserting before the period at
the end the following: ``(or, in the case of such a
determination made with respect to a payment made on or after
the date of the enactment of the CARES Act and during the
emergency period described in section 1135(g)(1)(B) under the
program under subsection (e)(3), at a rate of 1 percent)''.
(2) Part b.--Section 1833(j) of the Social Security Act (42
U.S.C. 1395l(j)) is amended by inserting before the period at
the end the following: ``(or, in the case of such a
determination made with respect to a payment made on or after
the date of the enactment of the CARES Act and during the
emergency period described in section 1135(g)(1)(B) under the
program described in section 421.214 of title 42, Code of
Federal Regulations (or any successor regulation), at a rate of
1 percent)''.
(c) Report.--
(1) Reports during covid-19 emergency.--Not later than 2
weeks after the date of the enactment of this section, and
every 2 weeks thereafter during the emergency period described
in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C.
1320b-5(g)(1)(B)), the Secretary of Health and Human Services
shall submit to the Committee on Ways and Means and the
Committee on Energy and Commerce of the House of
Representatives, and the Committee on Finance of the Senate, a
report that includes the following:
(A) The total amount of payments made under section
1815(e)(3) of the Social Security Act (42 U.S.C.
1395g(e)(3)) and under the program described in section
421.214 of title 42, Code of Federal Regulations (or
any successor regulation) during the most recent 2-week
period for which data is available that precedes the
date of the submission of such report.
(B) The number of entities receiving such payments
during such period.
(C) A specification of each such entity.
(2) Reports after covid-19 emergency.--
(A) In general.--Not later than 6 months after the
termination of the emergency period described in
paragraph (1), and every 6 months thereafter until all
specified payments (as defined in subparagraph (B))
have been recouped or repaid, the Secretary of Health
and Human Services shall submit to the Committee on
Ways and Means and the Committee on Energy and Commerce
of the House of Representatives, and the Committee on
Finance of the Senate, a report that includes the
following:
(i) The total amount of all specified
payments for which claims have been offset to
recoup such payment or the balance has been
repaid.
(ii) The amount of interest that has
accrued with respect to all specified payments.
(B) Specified payments.--For purposes of
subparagraph (A), the term ``specified payments'' means
all payments made under section 1815(e)(3) of the
Social Security Act (42 U.S.C. 1395g(e)(3)) or under
the program described in section 421.214 of title 42,
Code of Federal Regulations (or any successor
regulation) made on or after the date of the enactment
of the CARES Act (Public Law 116-136) during the
emergency period described in such subparagraph.
medicare special enrollment period for individuals residing in covid-19
emergency areas
Sec. 30207.
(a) In General.--Section 1837(i) of the Social Security Act (42
U.S.C. 1395p(i)) is amended by adding at the end the following new
paragraph:
``(5)(A) In the case of an individual who--
``(i) is eligible under section 1836 to enroll in
the medical insurance program established by this part,
``(ii) did not enroll (or elected not to be deemed
enrolled) under this section during an enrollment
period, and
``(iii) during the emergency period (as described
in section 1135(g)(1)(B)), resided in an emergency area
(as described in such section),
there shall be a special enrollment period described in
subparagraph (B).
``(B) The special enrollment period referred to in
subparagraph (A) is the period that begins not later
than July 1, 2020, and ends on the last day of the
month in which the emergency period (as described in
section 1135(g)(1)(B)) ends.''.
(b) Coverage Period for Individuals Transitioning From Other
Coverage.--Section 1838(e) of the Social Security Act (42 U.S.C.
1395q(e)) is amended--
(1) by striking ``pursuant to section 1837(i)(3) or
1837(i)(4)(B)--'' and inserting the following: ``pursuant to--
``(1) section 1837(i)(3) or 1837(i)(4)(B)--'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and moving the
indentation of each such subparagraph 2 ems to the right;
(3) by striking the period at the end of the subparagraph
(B), as so redesignated, and inserting ``; or''; and
(4) by adding at the end the following new paragraph:
``(2) section 1837(i)(5), the coverage period shall begin
on the first day of the month following the month in which the
individual so enrolls.''.
(c) Funding.--The Secretary of Health and Human Services shall
provide for the transfer from the Federal Hospital Insurance Trust Fund
(as described in section 1817 of the Social Security Act (42 U.S.C.
1395i)) and the Federal Supplementary Medical Insurance Trust Fund (as
described in section 1841 of such Act (42 U.S.C. 1395t)), in such
proportions as determined appropriate by the Secretary, to the Social
Security Administration, of $30,000,000, to remain available until
expended, for purposes of carrying out the amendments made by this
section.
(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.
covid-19 skilled nursing facility payment incentive program
Sec. 30208.
(a) In General.--Section 1819 of the Social Security Act (42 U.S.C.
1395i-3) is amended by adding at the end the following new subsection:
``(k) COVID-19 Designation Program.--
``(1) In general.--Not later than 2 weeks after the date of
the enactment of this subsection, the Secretary shall establish
a program under which a skilled nursing facility that makes an
election described in paragraph (2)(A) and meets the
requirements described in paragraph (2)(B) is designated (or a
portion of such facility is so designated) as a COVID-19
treatment center and receives incentive payments under section
1888(e)(13).
``(2) Designation.--
``(A) In general.--A skilled nursing facility may
elect to be designated (or to have a portion of such
facility designated) as a COVID-19 treatment center
under the program established under paragraph (1) if
the facility submits to the Secretary, at a time and in
a manner specified by the Secretary, an application for
such designation that contains such information as
required by the Secretary and demonstrates that such
facility meets the requirements described in
subparagraph (B).
``(B) Requirements.--The requirements described in
this subparagraph with respect to a skilled nursing
facility are the following:
``(i) The facility has a star rating with
respect to staffing of 4 or 5 on the Nursing
Home Compare website (as described in
subsection (i)) and has maintained such a
rating on such website during the 2-year period
ending on the date of the submission of the
application described in subparagraph (A).
``(ii) The facility has a star rating of 4
or 5 with respect to health inspections on such
website and has maintained such a rating on
such website during such period.
``(iii) During such period, the Secretary
or a State has not found a deficiency with such
facility relating to infection control that the
Secretary or State determined immediately
jeopardized the health or safety of the
residents of such facility (as described in
paragraph (1) or (2)(A) of subsection (h), as
applicable).
``(iv) The facility provides care at such
facility (or, in the case of an election made
with respect to a portion of such facility, to
provide care in such portion of such facility)
only to eligible individuals.
``(v) The facility arranges for and
transfers all residents of such facility (or
such portion of such facility, as applicable)
who are not eligible individuals to other
skilled nursing facilities (or other portions
of such facility, as applicable).
``(vi) The facility complies with the
notice requirement described in paragraph (4).
``(vii) The facility meets the reporting
requirement described in paragraph (5).
``(viii) Any other requirement determined
appropriate by the Secretary.
``(3) Duration of designation.--
``(A) In general.--A designation of a skilled
nursing facility (or portion of such facility) as a
COVID-19 treatment center shall begin on a date
specified by the Secretary and end upon the earliest of
the following:
``(i) The revocation of such designation
under subparagraph (B).
``(ii) The submission of a notification by
such facility to the Secretary that such
facility elects to terminate such designation.
``(iii) The termination of the program (as
specified in paragraph (6)).
``(B) Revocation.--The Secretary may revoke the
designation of a skilled nursing facility (or portion
of such facility) as a COVID-19 treatment center if the
Secretary determines that the facility is no longer in
compliance with a requirement described in paragraph
(2)(B).
``(4) Resident notice requirement.--For purposes of
paragraph (2)(B)(vi), the notice requirement described in this
paragraph is that, not later than 72 hours before the date
specified by the Secretary under paragraph (3)(A) with respect
to the designation of a skilled nursing facility (or portion of
such facility) as a COVID-19 treatment center, the facility
provides a notification to each resident of such facility (and
to appropriate representatives or family members of each such
resident, as specified by the Secretary) that contains the
following:
``(A) Notice of such designation.
``(B) In the case such resident is not an eligible
individual (and, in the case such designation is made
only with respect to a portion of such facility,
resides in such portion of such facility)--
``(i) a specification of when and where
such resident will be transferred (or moved
within such facility);
``(ii) an explanation that, in lieu of such
transfer or move, such resident may arrange for
transfer to such other setting (including a
home) selected by the resident; and
``(iii) if such resident so arranges to be
transferred to a home, information on Internet
resources for caregivers who elect to care for
such resident at home.
``(C) Contact information for the State long-term
care ombudsman (established under section 307(a)(12) of
the Older Americans Act of 1965) for the applicable
State.
``(5) Reporting requirement.--
``(A) In general.--For purposes of paragraph
(2)(B)(vii), the reporting requirement described in
this paragraph is, with respect to a skilled nursing
facility, that the facility reports to the Secretary,
weekly and in such manner specified by the Secretary,
the following (but only to the extent the information
described in clauses (i) through (vii) is not otherwise
reported to the Secretary weekly):
``(i) The number of COVID-19 related deaths
at such facility.
``(ii) The number of discharges from such
facility.
``(iii) The number of admissions to such
facility.
``(iv) The number of beds occupied and the
number of beds available at such facility.
``(v) The number of residents on a
ventilator at such facility.
``(vi) The number of clinical and
nonclinical staff providing direct patient care
at such facility.
``(vii) Such other information determined
appropriate by the Secretary.
``(B) Nonapplication of paperwork reduction act.--
Chapter 35 of title 44, United States Code (commonly
known as the `Paperwork Reduction Act'), shall not
apply to the collection of information under this
paragraph.
``(6) Definition.--For purposes of this subsection, the
term `eligible individual' means an individual who, during the
30-day period ending on the first day on which such individual
is a resident of a COVID-19 treatment center (on or after the
date such center is so designated), was furnished a test for
COVID-19 that came back positive.
``(7) Termination.--The program established under paragraph
(1) shall terminate upon the termination of the emergency
period described in section 1135(g)(1)(B).
``(8) Prohibition on administrative and judicial review.--
There shall be no administrative or judicial review under
section 1869, 1878, or otherwise of a designation of a skilled
nursing facility (or portion of such facility) as a COVID-19
treatment center, or revocation of such a designation, under
this subsection.''.
(b) Payment Incentive.--Section 1888(e) of the Social Security Act
(42 U.S.C. 1395yy(e)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``and (12)'' and inserting ``(12), and (13)'';
and
(2) by adding at the end the following new paragraph:
``(13) Adjustment for covid-19 treatment centers.--In the
case of a resident of a skilled nursing facility that has been
designated as a COVID-19 treatment center under section 1819(k)
(or in the case of a resident who resides in a portion of such
facility that has been so designated), if such resident is an
eligible individual (as defined in paragraph (5) of such
section), the per diem amount of payment for such resident
otherwise applicable shall be increased by 20 percent to
reflect increased costs associated with such residents.''.
funding for state strike teams for resident and employee safety in
skilled nursing facilities and nursing facilities
Sec. 30209.
(a) In General.--Of the amounts made available under subsection
(c), the Secretary of Health and Human Services (referred to in this
section as the ``Secretary'') shall allocate such amounts among the
States, in a manner that takes into account the percentage of skilled
nursing facilities and nursing facilities in each State that have
residents or employees who have been diagnosed with COVID-19, for
purposes of establishing and implementing strike teams in accordance
with subsection (b).
(b) Use of Funds.--A State that receives funds under this section
shall use such funds to establish and implement a strike team that will
be deployed to a skilled nursing facility or nursing facility in the
State with diagnosed or suspected cases of COVID-19 among residents or
staff for the purposes of assisting with clinical care, infection
control, or staffing.
(c) Authorization of Appropriations.--For purposes of carrying out
this section, there is authorized to be appropriated $500,000,000.
(d) Definitions.--In this section:
(1) Nursing facility.--The term ``nursing facility'' has
the meaning given such term in section 1919(a) of the Social
Security Act (42 U.S.C. 1396r(a)).
(2) Skilled nursing facility.--The term ``skilled nursing
facility'' has the meaning given such term in section 1819(a)
of the Social Security Act (42 U.S.C. 1395i-3(a)).
providing for infection control support to skilled nursing facilities
through contracts with quality improvement organizations
Sec. 30210.
(a) In General.--Section 1862(g) of the Social Security Act (42
U.S.C. 1395y(g)) is amended--
(1) by striking ``The Secretary'' and inserting ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraph:
``(2)(A) The Secretary shall ensure that at least 1 contract with a
quality improvement organization described in paragraph (1) entered
into on or after the date of the enactment of this paragraph and before
the end of the emergency period described in section 1135(g)(1)(B) (or
in effect as of such date) includes the requirement that such
organization provide to skilled nursing facilities with cases of COVID-
19 (or facilities attempting to prevent outbreaks of COVID-19)
infection control support described in subparagraph (B) during such
period.
``(B) For purposes of subparagraph (A), the infection control
support described in this subparagraph is, with respect to skilled
nursing facilities described in such subparagraph, the development and
dissemination to such facilities of protocols relating to the
prevention or mitigation of COVID-19 at such facilities and the
provision of training materials to such facilities relating to such
prevention or mitigation.''.
(b) Funding.--The Secretary of Health and Human Services shall
provide for the transfer from the Federal Supplementary Medical
Insurance Trust Fund (as described in section 1841 of the Social
Security Act (42 U.S.C. 1395t)) and the Federal Hospital Insurance
Trust Fund (as described in section 1817 of such Act (42 U.S.C.
1395i)), in such proportions as determined appropriate by the
Secretary, to the Centers for Medicare & Medicaid Services Program
Management Account, of $210,000,000, to remain available until
expended, for purposes of entering into contracts with quality
improvement organizations under part B of title XI of such Act (42
U.S.C. 1320c et seq.). Of the amount transferred pursuant to the
previous sentence, not less that $110,000,000 shall be used for
purposes of entering into such a contract that includes the requirement
described in section 1862(g)(2)(A) of such Act (as added by subsection
(a)).
requiring long term care facilities to report certain information
relating to covid-19 cases and deaths
Sec. 30211.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall, as soon as
practicable, require that the information described in paragraph (1) of
section 483.80(g) of title 42, Code of Federal Regulations, or a
successor regulation, be reported by a facility (as defined for
purposes of such section).
(b) Demographic Information.--The Secretary shall post the
following information with respect to skilled nursing facilities (as
defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i-
3(a))) and nursing facilities (as defined in section 1919(a) of such
Act (42 U.S.C. 1396r(a))) on the Nursing Home Compare website (as
described in section 1819(i) of the Social Security Act (42 U.S.C.
1395i-3(i))), or a successor website, aggregated by State:
(1) The age, race/ethnicity, and preferred language of the
residents of such skilled nursing facilities and nursing
facilities with suspected or confirmed COVID-19 infections,
including residents previously treated for COVID-19.
(2) The age, race/ethnicity, and preferred language
relating to total deaths and COVID-19 deaths among residents of
such skilled nursing facilities and nursing facilities.
(c) Confidentiality.--Any information reported under this section
that is made available to the public shall be made so available in a
manner that protects the identity of residents of skilled nursing
facilities and nursing facilities.
(d) Implementation.--The Secretary may implement the provisions of
this section be program instruction or otherwise.
floor on the medicare area wage index for hospitals in all-urban states
Sec. 30212.
(a) In General.--Section 1886(d)(3)(E) of the Social Security Act
(42 U.S.C. 1395ww(d)(3)(E)) is amended--
(1) in clause (i), in the first sentence, by striking ``or
(iii)'' and inserting ``, (iii), or (iv)''; and
(2) by adding at the end the following new clause:
``(iv) Floor on area wage index for
hospitals in all-urban states.--
``(I) In general.--For discharges
occurring on or after October 1, 2021,
the area wage index applicable under
this subparagraph to any hospital in an
all-urban State (as defined in
subclause (IV)) may not be less than
the minimum area wage index for the
fiscal year for hospitals in that
State, as established under subclause
(II).
``(II) Minimum area wage index.--
For purposes of subclause (I), the
Secretary shall establish a minimum
area wage index for a fiscal year for
hospitals in each all-urban State using
the methodology described in section
412.64(h)(4) of title 42, Code of
Federal Regulations, as in effect for
fiscal year 2018.
``(III) Waiving budget
neutrality.--Pursuant to the fifth
sentence of clause (i), this subsection
shall not be applied in a budget
neutral manner.
``(IV) All-urban state defined.--In
this clause, the term `all-urban State'
means a State in which there are no
rural areas (as defined in paragraph
(2)(D)) or a State in which there are
no hospitals classified as rural under
this section.''.
(b) Waiving Budget Neutrality.--
(1) Technical amendatory correction.--Section 10324(a)(2)
of Public Law 111-148 is amended by striking ``third sentence''
and inserting ``fifth sentence''.
(2) Waiver.--Section 1886(d)(3)(E)(i) of the Social
Security Act (42 U.S.C. 1395ww(d)(3)(E)(i)) is amended, in the
fifth sentence--
(A) by striking ``and the amendments'' and
inserting ``, the amendments''; and
(B) by inserting ``, and the amendments made by
section 30212 of the HEROES Act'' after ``Care Act''.
TITLE III--PRIVATE INSURANCE PROVISIONS
Subtitle A--Health Plans
special enrollment period through exchanges; federal exchange outreach
and educational activities
Sec. 30301.
(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.--There are appropriated, out of any
funds in the Treasury not otherwise appropriated,
$25,000,000, to remain available until expended--
``(i) to carry out this paragraph; and--
``(ii) at the discretion of the Secretary,
to carry out section 1311(i), with respect to
an Exchange established or operated by the
Secretary within a State pursuant to this
subsection.''.
(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.
expedited meeting of acip for covid-19 vaccines
Sec. 30302.
(a) In General.--Notwithstanding section 3091 of the 21st Century
Cures Act (21 U.S.C. 360bbb-4 note), the Advisory Committee on
Immunization Practices shall meet and issue a recommendation with
respect to a vaccine that is intended to prevent or treat COVID-19 not
later than 15 business days after the date on which such vaccine is
licensed under section 351 of the Public Health Service Act (42 U.S.C.
262).
(b) Definition.--In this section, the term ``Advisory Committee on
Immunization Practices'' means the Advisory Committee on Immunization
Practices established by the Secretary of Health and Human Services
pursuant to section 222 of the Public Health Service Act (42 U.S.C.
217a), acting through the Director of the Centers for Disease Control
and Prevention.
coverage of covid-19 related treatment at no cost sharing
Sec. 30303.
(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) 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).
(d) 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.
(e) 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.
requiring prescription drug refill notifications during emergencies
Sec. 30304.
(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 participant or beneficiary
under such plan or such coverage who resides in an emergency area
during an emergency period--
``(1) 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 30304(d)(2)
of the HEROES Act, not later than 5 business days after the
date of the enactment of this section), a notification (written
in a manner that is clear and understandable to the average
participant or beneficiary)--
``(A) of whether such plan or coverage will waive,
during such period with respect to such a participant
or beneficiary, 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
``(B) in the case that such plan or coverage will
waive such restrictions during such period with respect
to such a participant or beneficiary, that contains
information on how such a participant or beneficiary
may obtain such a refill; and
``(2) in the case such plan or coverage elects to so waive
such restrictions during such period with respect to such a
participant or beneficiary after the notification described in
paragraph (1) has been provided with respect to such period,
not later than 5 business days after such election, a
notification of such election that contains the information
described in subparagraph (B) of such paragraph.
``(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 participant, beneficiary, or enrollee
enrolled under such plan or such coverage who resides in an emergency
area during an emergency period--
``(1) 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 30304(d)(2)
of the HEROES Act, not later than 5 business days after the
date of the enactment of this section), a notification (written
in a manner that is clear and understandable to the average
participant, beneficiary, or enrollee)--
``(A) of whether such plan or coverage will waive,
during such period with respect to such a participant,
beneficiary, or enrollee, 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
``(B) in the case that such plan or coverage will
waive such restrictions during such period with respect
to such a participant, beneficiary, or enrollee, that
contains information on how such a participant,
beneficiary, or enrollee may obtain such a refill; and
``(2) in the case such plan or coverage elects to so waive
such restrictions during such period with respect to such a
participant, beneficiary, or enrollee after the notification
described in paragraph (1) has been provided with respect to
such period, not later than 5 business days after such
election, a notification of such election that contains the
information described in subparagraph (B) of such paragraph.
``(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 participant or
beneficiary 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 30304(d)(2) of the
HEROES Act, not later than 5 business days after the date of the
enactment of this section)--
``(1) a notification (written in a manner that is clear and
understandable to the average participant or beneficiary)--
``(A) of whether such plan will waive, during such
period with respect to such a participant or
beneficiary, 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
``(B) in the case that such plan will waive such
restrictions during such period with respect to such a
participant or beneficiary, that contains information
on how such a participant or beneficiary may obtain
such a refill; and
``(2) in the case such plan elects to so waive such
restrictions during such period with respect to such a
participant or beneficiary after the notification described in
paragraph (1) has been provided with respect to such period,
not later than 5 business days after such election, a
notification of such election that contains the information
described in subparagraph (B) of such paragraph.
``(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''.
improvement of certain notifications provided to qualified
beneficiaries by group health plans in the case of qualifying events
Sec. 30305.
(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.
sooner coverage of testing for covid-19
Sec. 30306.
Section 6001(a) of division F of the Families First Coronavirus
Response Act (42 U.S.C. 1320b-5 note) is amended by striking
``beginning on or after'' and inserting ``beginning before, on, or
after''.
Subtitle B--Worker Health Coverage Protection
short title
Sec. 30311.
This subtitle may be cited as the ``Worker Health Coverage
Protection Act''.
preserving health benefits for workers
Sec. 30312.
(a) Premium Assistance for COBRA Continuation Coverage and
Furloughed Continuation Coverage for Individuals and Their Families.--
(1) Provision of premium assistance.--
(A) Reduction of premiums payable.--
(i) COBRA continuation coverage.--In the
case of any premium for a period of coverage
during the period beginning on March 1, 2020,
and ending on January 31, 2021 for COBRA
continuation coverage with respect to any
assistance eligible individual described in
paragraph (3)(A), such individual shall be
treated for purposes of any COBRA continuation
provision as having paid the amount of such
premium if such individual pays (and any person
other than such individual's employer pays on
behalf of such individual) 0 percent of the
amount of such premium owed by such individual
(as determined without regard to this
subsection).
(ii) Furloughed continuation coverage.--In
the case of any premium for a period of
coverage during the period beginning on March
1, 2020, and ending on January 31, 2021 for
coverage under a group health plan with respect
to any assistance eligible individual described
in paragraph (3)(B), such individual shall be
treated for purposes of coverage under the plan
offered by the plan sponsor in which the
individual is enrolled as having paid the
amount of such premium if such individual pays
(and any person other than such individual's
employer pays on behalf of such individual) 0
percent of the amount of such premium owed by
such individual (as determined without regard
to this subsection).
(B) Plan enrollment option.--
(i) In general.--Notwithstanding the COBRA
continuation provisions, any assistance
eligible individual who is enrolled in a group
health plan offered by a plan sponsor 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 such plan sponsor that is
different than coverage under the plan in which
such individual was enrolled at the time--
(I) in the case of any assistance
eligible individual described in
paragraph (3)(A), the 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 (except for the
voluntary termination of such
individual's employment by such
individual), occurred, and such
coverage shall be treated as COBRA
continuation coverage for purposes of
the applicable COBRA continuation
coverage provision; or
(II) in the case of any assistance
eligible individual described in
paragraph (3)(B), the furlough period
began with respect to such individual.
(ii) Requirements.--Any 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 such assistance eligible
individual to enroll in different
coverage as provided under this
subparagraph;
(II) the premium for such different
coverage does not exceed the premium
for coverage in which such individual
was enrolled at the time such
qualifying event occurred or
immediately before such furlough began;
(III) the different coverage in
which the individual elects to enroll
is coverage that is also offered to the
active employees of the employer, who
are not in a furlough period, at the
time at which such election is made;
and
(IV) the different coverage in
which the individual elects to enroll
is not--
(aa) coverage that provides
only dental, vision,
counseling, or referral
services (or a combination of
such services);
(bb) a qualified small
employer health reimbursement
arrangement (as defined in
section 9831(d)(2) of the
Internal Revenue Code of 1986);
(cc) a flexible spending
arrangement (as defined in
section 106(c)(2) of the
Internal Revenue Code of 1986);
or
(dd) benefits that provide
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 (14).
(2) Limitation of period of premium assistance.--
(A) Eligibility for additional coverage.--Paragraph
(1)(A) shall not apply with respect to--
(i) any assistance eligible individual
described in paragraph (3)(A) for months of
coverage beginning on or after the earlier of--
(I) 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)), or eligible for benefits
under the Medicare program under title
XVIII of the Social Security Act; or
(II) the earliest of--
(aa) the date following the
expiration of the maximum
period of continuation coverage
required under the applicable
COBRA continuation coverage
provision; or
(bb) the date following the
expiration of the period of
continuation coverage allowed
under paragraph (4)(B)(ii); or
(ii) any assistance eligible individual
described in paragraph (3)(B) for months of
coverage beginning on or after the earlier of--
(I) 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)), or eligible for benefits
under the Medicare program under title
XVIII of the Social Security Act; or
(II) the first date that such
individual is no longer in the furlough
period.
(B) Notification requirement.--Any assistance
eligible individual shall notify the group health plan
with respect to which paragraph (1)(A) applies if such
paragraph ceases to apply by reason of clause (i)(I) or
(ii)(I) of subparagraph (A) (as applicable). Such
notice shall be provided to the group health plan in
such time and manner as may be specified by the
Secretary of Labor.
(C) Special enrollment period following expiration
of premium assistance.--Notwithstanding section 1311 of
the Patient Protection and Affordable Care Act (42
U.S.C. 18031), the expiration of premium assistance
pursuant to a limitation specified under subparagraph
(A) shall be treated as a qualifying event for which
any assistance eligible individual is eligible to
enroll in a qualified health plan offered through an
Exchange under title I of such Act (42 U.S.C. 18001 et
seq.) during a special enrollment period.
(3) Assistance eligible individual.--For purposes of this
section, the term ``assistance eligible individual'' means,
with respect to a period of coverage during the period
beginning on March 1, 2020, and ending on January 31, 2021--
(A) any individual that is a qualified beneficiary
that--
(i) is eligible for COBRA continuation
coverage by reason of a 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 (except for the voluntary
termination of such individual's employment by
such individual); and
(ii) elects such coverage; or
(B) any covered employee that is in a furlough
period that remains eligible for coverage under a group
health plan offered by the employer of such covered
employee.
(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 described in paragraph (3)(A) if
such election were so in effect; or
(ii) an individual who elected COBRA
continuation coverage on or after March 1,
2020, and discontinued 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 provisions 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 cobra continuation coverage.--
Any COBRA continuation coverage elected by a qualified
beneficiary during an extended election period under
subparagraph (A)--
(i) shall apply as if such qualified
beneficiary had been covered as of the date of
a 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, except for the
voluntary termination of such beneficiary's
employment by such beneficiary, that occurs no
earlier than March 1, 2020 (including the
treatment of premium payments under paragraph
(1)(A) and any cost-sharing requirements for
items and services under a group health plan);
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 described in subparagraph (A) or
(B) of paragraph (3) 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, in consultation with the
Secretary of Treasury. 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 paragraphs (7) through (9) 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 assistance with respect to an assistance eligible
individual under this subsection shall not be considered
income, in-kind support, or resources 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, or any other
benefit provided under any Federal program or any program of a
State or political subdivision thereof financed in whole or in
part with Federal funds.
(7) COBRA-specific notice.--
(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), become entitled to elect COBRA
continuation coverage, the requirements of such
provisions shall not be treated as met unless
such notices include an additional notification
to the recipient a written notice in clear and
understandable language of--
(I) the availability of premium
assistance with respect to such
coverage under this subsection; and
(II) the option to enroll in
different coverage if the employer
permits assistance eligible individuals
described in paragraph (3)(A) 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 assistance 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 assistance;
(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)(B)
and the penalty provided under section 6720C of
the Internal Revenue Code of 1986 for failure
to carry out the obligation;
(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); and
(vii) information regarding any Exchange
established under title I of the Patient
Protection and Affordable Care Act (42 U.S.C.
18001 et seq.) 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
termination does not initiate a
special enrollment period
(absent a 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,
with respect to such
individual); 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.);
(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 the premium tax credit
under section 36B of the Internal
Revenue Code of 1986; and
(VI) information on any special
enrollment periods during which any
assistance eligible individual
described in paragraph (3)(A)(i) may be
eligible to enroll, with financial
assistance, in a qualified health plan
offered through such Exchange
(including a special enrollment period
for which an individual may be eligible
due to the expiration of premium
assistance pursuant to a limitation
specified under paragraph (2)(A)).
(C) Notice in connection with extended election
periods.--In the case of any assistance eligible
individual described in paragraph (3)(A) (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 applicable group health plan (or
other entity) 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, with respect to any
assistance eligible individual described in paragraph
(3)(A)--
(i) the Secretary of 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) Furlough-specific notice.--
(A) In general.--With respect to any assistance
eligible individual described in paragraph (3)(B) who,
during the period described in such paragraph, becomes
eligible for assistance pursuant to paragraph
(1)(A)(ii), the requirements of 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, shall
not be treated as met unless the group health plan
administrator, in accordance with the timing
requirement specified under subparagraph (B), provides
to the individual a written notice in clear and
understandable language of--
(i) the availability of premium assistance
with respect to such coverage under this
subsection;
(ii) 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); and
(iii) the information specified under
paragraph (7)(B) (as applicable).
(B) Timing specified.--For purposes of subparagraph
(A), the timing requirement specified in this
subparagraph is--
(i) with respect to such an individual who
is within a furlough period during the period
beginning on March 1, 2020, and ending on the
date of the enactment of this Act, 30 days
after the date of such enactment; and
(ii) with respect to such an individual who
is within a furlough period during the period
beginning on the first day after the date of
the enactment of this Act and ending on January
31, 2021, 30 days after the date of the
beginning of such furlough period.
(C) Model notices.--Not later than 30 days after
the date of enactment of this Act, with respect to any
assistance eligible individual described in paragraph
(3)(B)--
(i) the Secretary of Labor, in consultation
with the Secretary of the Treasury and the
Secretary of Health and Human Services, shall
prescribe models for the notification required
under this paragraph (other than the
notification described in clause (ii)); and
(ii) in the case of any 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 notification.
(9) Notice of expiration of period of premium assistance.--
(A) In general.--With respect to any assistance
eligible individual, subject to subparagraph (B), the
requirements of 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, shall
not be treated as met unless the employer of the
individual, during the period specified under
subparagraph (C), provides to such individual a written
notice in clear and understandable language--
(i) that the premium assistance for such
individual will expire soon and the prominent
identification of the date of such expiration;
(ii) that such individual may be eligible
for coverage without any premium assistance
through--
(I) COBRA continuation coverage; or
(II) coverage under a group health
plan;
(iii) that the expiration of premium
assistance is treated as a qualifying event for
which any assistance eligible individual is
eligible to enroll in a qualified health plan
offered through an Exchange under title I of
such Act (42 U.S.C. 18001 et seq.) during a
special enrollment period; and
(iv) the information specified in paragraph
(7)(B)(vii).
(B) Exception.--The requirement for the group
health plan administrator to provide the written notice
under subparagraph (A) shall be waived in the case the
premium assistance for such individual expires pursuant
to clause (i)(I) or (ii)(I) of paragraph (2)(A).
(C) Period specified.--For purposes of subparagraph
(A), the period specified in this subparagraph is, with
respect to the date of expiration of premium assistance
for any assistance eligible individual pursuant to a
limitation requiring a notice under this paragraph, the
period beginning on the day that is 45 days before the
date of such expiration and ending on the day that is
15 days before the date of such expiration.
(D) Model notices.--Not later than 30 days after
the date of enactment of this Act, with respect to any
assistance eligible individual--
(i) the Secretary of Labor, in consultation
with the Secretary of the Treasury and the
Secretary of Health and Human Services, shall
prescribe models for the notification required
under this paragraph (other than the
notification described in clause (ii)); and
(ii) in the case of any 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 notification.
(10) Regulations.--The Secretary of the Treasury and the
Secretary of Labor may jointly 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),
(8), (9), and (11).
(11) Outreach.--
(A) In general.--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 assistance 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 assistance, including enrollment, shall also be
made available on websites of the Departments of Labor,
Treasury, and Health and Human Services.
(B) Enrollment under medicare.--The Secretary of
Health and Human Services shall provide outreach
consisting of public education. Such outreach shall
target individuals who lose health insurance coverage.
Such outreach shall include information regarding
enrollment for benefits under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) for purposes of
preventing mistaken delays of such enrollment by such
individuals, including lifetime penalties for failure
of timely enrollment.
(12) 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.
(I) Plan sponsor.--The term ``plan sponsor'' has
the meaning given such term in section 3(16)(B) of the
Employee Retirement Income Security Act of 1974.
(J) Furlough period.--
(i) In general.--The term ``furlough
period'' means, with respect to an individual
and an employer of such individual, a period--
(I) beginning with the first month
beginning on or after March 1, 2020 and
before January 31, 2021, during which
such individual's employer reduces such
individual's work hours (due to a lack
of work, funds, or other
nondisciplinary reason) to an amount
that is less than 70 percent of the
base month amount; and
(II) ending with the earlier of--
(aa) the first month
beginning after January 31,
2021; or
(bb) the month following
the first month during which
work hours of such employee are
greater than 80 percent of work
hours of the base month amount.
(ii) Base month amount.--For purposes of
clause (i), the term ``base month amount''
means, with respect to an individual and an
employer of such individual, the greater of--
(I) such individual's work hours in
the month prior (or in the case such
individual had no work hours in the
month prior and had work hours in the 3
months prior, the last month with work
hours within the prior 3 months); and
(II) such individual's work hours
during the period beginning January 1,
2020 and ending January 31, 2020.
(13) Reports.--
(A) Interim report.--The Secretary of the Treasury
and the Secretary of Labor shall jointly 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 assistance 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 assistance is provided under this section, the
Secretary of the Treasury and the Secretary of Labor
shall jointly submit a final report to each Committee
referred to in subparagraph (A) that includes--
(i) the number of individuals provided
premium assistance under this section;
(ii) the average dollar amount (monthly and
annually) of premium assistance provided to
such individuals; and
(iii) the total amount of expenditures
incurred (with administrative expenditures
noted separately) in connection with premium
assistance under this section.
(14) 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. CONTINUATION COVERAGE PREMIUM ASSISTANCE.
``(a) In General.--The person to whom premiums are payable for
continuation coverage under section 30312(a)(1) of the Worker Health
Coverage Protection Act shall be allowed as a credit against the tax
imposed by section 3111(a), or so much of the taxes imposed under
section 3221(a) as are attributable to the rate in effect under section
3111(a), for each calendar quarter an amount equal to the premiums not
paid by assistance eligible individuals for such coverage by reason of
such section 30312(a)(1) with respect to such calendar quarter.
``(b) Person to Whom Premiums Are Payable.--For purposes of
subsection (a), except as otherwise provided by the Secretary, the
person to whom premiums are payable under such 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 provides furlough continuation coverage
described in section 30312(a)(1)(A)(ii) of the Worker
Health Coverage Protection Act or 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) 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), or
so much of the taxes imposed under section 3221(a) as are
attributable to the rate in effect under section 3111(a), for
such calendar quarter (reduced by any credits allowed under
subsections (e) and (f) of section 3111, sections 7001 and 7003
of the Families First Coronavirus Response Act, section 2301 of
the CARES Act, and sections 20204 and 20212 of the COVID-19 Tax
Relief Act of 2020 for such quarter) on the wages paid with
respect to the employment of all employees of the employer.
``(2) Refundability of excess credit.--
``(A) Credit is refundable.--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).
``(B) Credit may be advanced.--In anticipation of
the credit, including the refundable portion under
subparagraph (A), the credit may be advanced, according
to forms and instructions provided by the Secretary, up
to an amount calculated under subsection (a) through
the end of the most recent payroll period in the
quarter.
``(C) Treatment of deposits.--The Secretary shall
waive any penalty under section 6656 for any failure to
make a deposit of the tax imposed by section 3111(a),
or so much of the taxes imposed under section 3221(a)
as are attributable to the rate in effect under section
3111(a), if the Secretary determines that such failure
was due to the anticipation of the credit allowed under
this section.
``(D) 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.
``(3) Limitation on reimbursement for furloughed
employees.--In the case of an individual who for any month is
an assistance eligible individual described in section
30312(a)(3)(B) of the Worker Health Coverage Protection Act
with respect to any coverage, the credit determined with
respect to such individual under subsection (a) for any such
month ending during a calendar quarter shall not exceed the
amount of premium the individual would have paid for a full
month of such coverage for the month preceding the first month
for which an individual is such an assistance eligible
individual.
``(d) Governmental Entities.--For purposes of this section, the
term `person' includes any governmental entity or Indian tribal
government (as defined in section 139E(c)(1)).
``(e) Denial of Double Benefit.--For purposes of chapter 1, the
gross income of any person allowed a credit under this section shall be
increased for the taxable year which includes the last day of any
calendar quarter with respect to which such credit is allowed by the
amount of such credit. No amount for which a credit is allowed under
this section shall be taken into account as qualified wages under
section 2301 of the CARES Act or as qualified health plan expenses
under section 7001(d) or 7003(d) of the Families First Coronavirus
Response Act.
``(f) 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, reduction of hours, or furloughing, for each
assistance eligible individual on the basis of whose
termination, reduction of hours, or furloughing 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
``(3) a report containing the TINs of all covered
employees, the amount of subsidy reimbursed with respect to
each employee, and a designation with respect to each employee
as to whether the subsidy reimbursement is for coverage of 1
individual or 2 or more individuals.
``(g) 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,
``(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),
``(3) to allow the advance payment of the credit determined
under subsection (a), subject to the limitations provided in
this section, based on such information as the Secretary shall
require,
``(4) to provide for the reconciliation of such advance
payment with the amount of the credit at the time of filing the
return of tax for the applicable quarter or taxable year, and
``(5) with respect to the application of the credit to
third party payors (including professional employer
organizations, certified professional employer organizations,
or agents under section 3504).''.
(B) Social security trust funds held harmless.--
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. 231n-1(a)) amounts
equal to the reduction in revenues to the Treasury by
reason of this section (without regard to this
subparagraph). 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.
(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. Continuation coverage 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 in case of employee payment that
is not required under this section.--
(i) In general.--In the case of an
assistance eligible individual who pays, with
respect any period of coverage to which
subsection (a)(1)(A) applies, the amount of the
premium for such coverage that the individual
would have (but for this Act) been required to
pay, the person to whom such payment is payable
shall reimburse such individual for the amount
of such premium paid.
(ii) Credit of reimbursement.--A person to
which clause (i) applies shall be allowed a
credit in the manner provided under section
6432 of the Internal Revenue Code of 1986 for
any payment made to the employee under such
clause.
(iii) Payment of credits.--Any person to
which clause (i) applies shall make the payment
required under such clause to the individual
not later than 60 days after the date on which
such individual elects continuation coverage
under section 30312(a)(1) of the Worker Health
Coverage Protection Act.
(15) 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 CONTINUATION COVERAGE PREMIUM ASSISTANCE.
``(a) In General.--Except in the case of failure described in
subsection (b) or (c), any person required to notify a group health
plan under section 30312(a)(2)(B) of the Worker Health Coverage
Protection 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 $250.
``(b) Intentional Failure.--In the case of any such failure that is
fraudulent, such person shall pay a penalty equal to the greater of--
``(1) $250, or
``(2) 110 percent of the premium assistance provided under
section 30312(a)(1)(A) of such Act after termination of
eligibility under such section.
``(c) Reasonable Cause Exception.--No penalty shall be imposed
under this section 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 continuation coverage
premium assistance.''.
(16) Coordination with hctc.--
(A) In general.--Section 35(g)(9) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(9) Continuation coverage premium assistance.--In the
case of an assistance eligible individual who receives premium
assistance for continuation coverage under section 30312(a)(1)
of the Worker Health Coverage Protection 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.
(17) Exclusion of continuation coverage 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 139H the following
new section:
``SEC. 139I. CONTINUATION COVERAGE PREMIUM ASSISTANCE.
``In the case of an assistance eligible individual (as defined in
subsection (a)(3) of section 30312 of the Worker Health Coverage
Protection Act), gross income does not include any premium assistance
provided under subsection (a)(1) 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
139H the following new item:
``Sec. 139I. Continuation coverage 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.
(18) Deadlines with respect to notices.--Notwithstanding
section 518 of the Employee Retirement Income Security Act of
1974 and section 7508A of the Internal Revenue Code of 1986,
the Secretary of Labor and the Secretary of the Treasury,
respectively, may not waive or extend any deadline with respect
to the provision of notices described in paragraphs (7), (8),
and (9).
(b) Rule of Construction.--In all matters of interpretation, rules,
and operational procedures, the language of this section shall be
interpreted broadly for the benefit of workers and their families.
TITLE IV--APPLICATION TO OTHER HEALTH PROGRAMS
prohibition on copayments and cost sharing for tricare beneficiaries
receiving covid-19 treatment
Sec. 30401.
(a) In General.--Section 6006(a) of the Families First Coronavirus
Response Act (Public Law 116-127; 38 U.S.C. 1074 note) is amended by
striking ``or visits described in paragraph (2) of such section'' and
inserting ``, visits described in paragraph (2) of such section, or
medical care to treat COVID-19''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to medical care furnished on or after the date of
the enactment of this Act.
prohibition on copayments and cost sharing for veterans receiving
covid-19 treatment furnished by department of veterans affairs
Sec. 30402.
(a) In General.--Section 6006(b) of the Families First Coronavirus
Response Act (Public Law 116-127; 38 U.S.C. 1701 note) is amended by
striking ``or visits described in paragraph (2) of such section'' and
inserting ``, visits described in paragraph (2) of such section, or
hospital care or medical services to treat COVID-19''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to hospital care and medical services furnished on
or after the date of the enactment of this Act.
prohibition on copayments and cost sharing for federal civilian
employees receiving covid-19 treatment
Sec. 30403.
(a) In General.--Section 6006(c) of the Families First Coronavirus
Response Act (Public Law 116-127; 5 U.S.C. 8904 note) is amended by
striking ``or visits described in paragraph (2) of such section'' and
inserting ``, visits described in paragraph (2) of such section, or
hospital care or medical services to treat COVID-19''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to hospital care and medical services furnished on
or after the date of the enactment of this Act.
TITLE V--PUBLIC HEALTH POLICIES
definitions
Sec. 30501.
In this title:
(1) Except as inconsistent with the provisions of this
title, the term ``Secretary'' means the Secretary of Health and
Human Services.
(2) The term ``State'' refers to each of the 50 States and
the District of Columbia.
(3) The term ``Tribal'', with respect to a department of
health (or health department), includes--
(A) Indian Tribes that--
(i) are operating one or more health
facilities pursuant to an agreement under the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5301 et seq.); or
(ii) receive services from a facility
operated by the Indian Health Services; and
(B) Tribal organizations and Urban Indian
organizations.
Subtitle A--Supply Chain Improvements
medical supplies response coordinator
Sec. 30511.
(a) In General.--The President shall appoint a Medical Supplies
Response Coordinator to coordinate the efforts of the Federal
Government regarding the supply and distribution of critical medical
supplies and equipment related to detecting, diagnosing, preventing,
and treating COVID-19, including personal protective equipment, medical
devices, drugs, and vaccines.
(b) Qualifications.--To qualify to be appointed as the Medical
Supplies Response Coordinator, an individual shall be a senior
government official with--
(1) health care training, including training related to
infectious diseases or hazardous exposures; and
(2) a familiarity with medical supply chain logistics.
(c) Activities.--The Medical Supplies Response Coordinator shall--
(1) consult with State, local, territorial, and Tribal
officials to ensure that health care facilities and health care
workers have sufficient personal protective equipment and other
medical supplies;
(2) evaluate ongoing needs of States, localities,
territories, Tribes, health care facilities, and health care
workers to determine the need for critical medical supplies and
equipment;
(3) serve as a point of contact for industry for
procurement and distribution of critical medical supplies and
equipment, including personal protective equipment, medical
devices, testing supplies, drugs, and vaccines;
(4) procure and distribute critical medical supplies and
equipment, including personal protective equipment, medical
devices, testing supplies, drugs, and vaccines;
(5)(A) establish and maintain an up-to-date national
database of hospital capacity, including beds, ventilators, and
supplies, including personal protective equipment, medical
devices, drugs, and vaccines; and
(B) provide weekly reports to the Congress on gaps in such
capacity and progress made toward closing the gaps;
(6) require, as necessary, industry reporting on production
and distribution of personal protective equipment, medical
devices, testing supplies, drugs, and vaccines and assess
financial penalties as may be specified by the Medical Supplies
Response Coordinator for failure to comply with such
requirements for reporting on production and distribution;
(7) consult with the Secretary and the Administrator of the
Federal Emergency Management Agency, as applicable, to ensure
sufficient production levels under the Defense Production Act
(50 U.S.C. 4501 et seq.); and
(8) monitor the prices of critical medical supplies and
equipment, including personal protective equipment and medical
devices, drugs, and vaccines related to detecting, diagnosing,
preventing, and treating COVID-19 and report any suspected
price gouging of such materials to the Federal Trade Commission
and appropriate law enforcement officials.
information to be included in list of devices determined to be in
shortage
Sec. 30512.
Section 506J(g)(2)(A) of the Federal Food, Drug, and Cosmetic Act,
as added by section 3121 of the CARES Act (Public Law 116-136), is
amended by inserting ``, including the device identifier or national
product code for such device, if applicable'' before the period at the
end.
extended shelf life dates for essential devices
Sec. 30513.
(a) In General.--The Federal Food, Drug, and Cosmetic Act is
amended by inserting after section 506J (21 U.S.C. 356j) the following:
``SEC. 506K. EXTENDED SHELF LIFE DATES FOR ESSENTIAL DEVICES.
``(a) In General.--A manufacturer of a device subject to
notification requirements under section 506J (in this section referred
to as an `essential device') shall--
``(1) submit to the Secretary data and information as
required by subsection (b)(1);
``(2) conduct and submit the results of any studies
required under subsection (b)(3); and
``(3) make any labeling change described in subsection (c)
by the date specified by the Secretary pursuant to such
subsection.
``(b) Notification.--
``(1) In general.--The Secretary may issue an order
requiring the manufacturer of any essential device to submit,
in such manner as the Secretary may prescribe, data and
information from any stage of development of the device
(including pilot, investigational, and final product
validation) that are adequate to assess the shelf life of the
device to determine the longest supported expiration date.
``(2) Unavailable or insufficient data and information.--If
the data and information referred to in paragraph (1) are not
available or are insufficient, the Secretary may require the
manufacturer of the device to--
``(A) conduct studies adequate to provide the data
and information; and
``(B) submit to the Secretary the results, data,
and information generated by such studies when
available.
``(c) Labeling.--The Secretary may issue an order requiring the
manufacturer of an essential device to make by a specified date any
labeling change regarding the expiration period that the Secretary
determines to be appropriate based on the data and information required
to be submitted under this section or any other data and information
available to the Secretary.
``(d) Confidentiality.--Nothing in this section shall be construed
as authorizing the Secretary to disclose any information that is a
trade secret or confidential information subject to section 552(b)(4)
of title 5, United States Code, or section 1905 of title 18, United
States Code.''.
(b) Civil Monetary Penalty.--Section 303(f) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 333(f)) is amended by adding at the
end the following:
``(10) Civil Monetary Penalty With Respect to Extended Shelf Life
Dates for Essential Devices.--If the manufacturer of a device subject
to notification requirements under section 506J violates section 506K
by failing to submit data and information as required under section
506K(b)(1), failing to conduct or submit the results of studies as
required under section 506K(b)(3), or failing to make a labeling change
as required under section 506K(c), such manufacturer shall be liable to
the United States for a civil penalty in an amount not to exceed
$10,000 for each such violation.''.
(c) Emergency Use Eligible Products.--Subparagraph (A) of section
564A(a)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb-3a(a)(1)) is amended to read as follows:
``(A) is approved or cleared under this chapter,
otherwise listed as a device pursuant to section
510(j), conditionally approved under section 571, or
licensed under section 351 of the Public Health Service
Act;''.
authority to destroy counterfeit devices
Sec. 30514.
(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 90 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).''.
reporting requirement for drug manufacturers
Sec. 30515.
(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 or active pharmaceutical ingredient
undergoes further manufacture, preparation, propagation, compounding,
or processing at a separate establishment or establishments outside the
United States prior to being imported or offered for import into the
United States.''.
(b) Listing of Drugs.--Section 510(j)(1) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360(j)(1)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) 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.''.
(c) Quarterly Reporting on Amount of Drugs Manufactured.--Section
510(j)(3)(A) of the Federal Food, Drug, and Cosmetic Act (as added by
section 3112 of the CARES Act (Public Law 116-136)) is amended by
striking ``annually'' and inserting ``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''.
recommendations to encourage domestic manufacturing of critical drugs
Sec. 30516.
(a) In General.--Not later than 14 days after the date of enactment
of this Act, the Secretary shall enter into an agreement with the
National Academies of Sciences, Engineering, and Medicine (referred to
in this section as the ``National Academies'') under which, not later
than 90 days after the date of entering into the agreement, the
National Academies will--
(1) establish a committee of experts who are knowledgeable
about drug and device supply issues, including--
(A) sourcing and production of critical drugs and
devices;
(B) sourcing and production of active
pharmaceutical ingredients in critical drugs;
(C) the raw materials and other components for
critical drugs and devices; and
(D) the public health and national security
implications of the current supply chain for critical
drugs and devices;
(2) convene a public symposium to--
(A) analyze the impact of United States dependence
on the foreign manufacturing of critical drugs and
devices on patient access and care, including in
hospitals and intensive care units; and
(B) recommend strategies to end United States
dependence on foreign manufacturing to ensure the
United States has a diverse and vital supply chain for
critical drugs and devices to protect the Nation from
natural or hostile occurrences; and
(3) submit a report on the symposium's proceedings to the
Congress and publish a summary of such proceedings on the
public website of the National Academies.
(b) Symposium.--In carrying out the agreement under subsection (a),
the National Academies shall consult with--
(1) the Department of Health and Human Services, the
Department of Homeland Security, the Department of Defense, the
Department of Commerce, the Department of State, the Department
of Veterans Affairs, the Department of Justice, and any other
Federal agencies as appropriate; and
(2) relevant stakeholders, including drug and device
manufacturers, health care providers, medical professional
societies, State-based societies, public health experts, State
and local public health departments, State medical boards,
patient groups, health care distributors, wholesalers and group
purchasing organizations, pharmacists, and other entities with
experience in health care and public health, as appropriate.
(c) Definitions.--For the purposes of this section:
(1) The term ``critical''--
(A) with respect to a device, refers to a device
classified by the Food and Drug Administration as
implantable, life-saving, and life-sustaining; or
(B) with respect to a drug, refers to a drug that
is described in subsection (a) of section 506C of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c)
(relating to notification of any discontinuance or
interruption in the production of life-saving drugs).
(2) The terms ``device'' and ``drug'' have the meanings
given to those terms in section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321).
failure to notify of a permanent discontinuance or an interruption
Sec. 30517.
Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
331) is amended by adding at the end the following:
``(fff) The failure of a manufacturer of a drug described in
section 506C(a) or an active pharmaceutical ingredient of such a drug,
without a reasonable basis as determined by the Secretary, to notify
the Secretary of a permanent discontinuance or an interruption, and the
reasons for such discontinuance or interruption, as required by section
506C.''.
failure to develop risk management plan
Sec. 30518.
Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
331), as amended by section 30517, is further amended by adding at the
end the following:
``(ggg) The failure to develop, maintain, and implement a risk
management plan, as required by section 506C(j).''.
national centers of excellence in continuous pharmaceutical
manufacturing
Sec. 30519.
(a) In General.--Section 3016 of the 21st Century Cures Act (21
U.S.C. 399h) is amended to read as follows:
``national centers of excellence in continuous pharmaceutical
manufacturing
``Sec. 3016.
``(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 1 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 (including generic and
nonprescription drug 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 $100,000,000,
to remain available until expended.
``(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 1 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.
vaccine manufacturing and administration capacity
Sec. 30520.
(a) Enhancing Manufacturing Capacity.--
(1) In general.--The Secretary, acting through the Director
of the Biomedical Advanced Research and Development Authority,
shall, as appropriate, award contracts, grants, and cooperative
agreements, and enter into other transactions, to expand and
enhance manufacturing capacity of vaccines and vaccine
candidates to prevent the spread of SARS-CoV-2 and COVID-19.
(2) Authorization of appropriations.--To carry out this
subsection, there are authorized to be appropriated such sums
as may be necessary for fiscal years 2020 through 2024, to
remain available until expended.
(b) Report on Vaccine Manufacturing and Administration Capacity.--
(1) In general.--Not later than December 31, 2020, the
Secretary shall submit to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Health,
Education, Labor and Pensions of the Senate a report
detailing--
(A) an assessment of the estimated supply of
vaccines and ancillary medical products related to
vaccine administration necessary to control and stop
the spread of SARS-CoV-2 and COVID-19, domestically and
internationally;
(B) an assessment of current and future domestic
manufacturing capacity for vaccines or vaccine
candidates to control or stop the spread of SARS-CoV-2
and COVID-19, vaccine candidates, and ancillary
products related to the administration of such
vaccines, including identification of any gaps in
manufacturing capacity;
(C) activities conducted to expand and enhance
manufacturing capacity for vaccines, vaccine
candidates, and ancillary medical products to levels
sufficient to control and stop the spread of SARS-CoV-2
and COVID-19, domestically and internationally,
including a list and explanation of all contracts,
grants, and cooperative agreements awarded, and other
transactions entered into, for purposes of such
expansion and enhancement and how such activities will
help to meet future domestic manufacturing capacity
needs;
(D) a plan for the ongoing support of enhanced
manufacturing capacity for vaccines, vaccine
candidates, and ancillary medical products sufficient
to control and stop the spread of SARS-CoV-2 and COVID-
19, domestically and internationally; and
(E) a plan to support the administration of
vaccines approved or authorized by the Food and Drug
Administration to control and stop the spread of SARS-
CoV-2 and COVID-19, domestically and internationally,
including Federal workforce enhancements necessary to
administer such vaccines.
(2) Ancillary medical products.--For purposes of this
subsection, ``ancillary medical products'' includes--
(A) vials;
(B) bandages;
(C) alcohol swabs;
(D) syringes;
(E) needles;
(F) gloves and other personal protective equipment;
and
(G) other medical products the Secretary determines
necessary for the administration of vaccines.
Subtitle B--Strategic National Stockpile Improvements
equipment maintenance
Sec. 30531.
Section 319F-2 of the Public Health Service Act (42 U.S.C. 247d-6b)
is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (I), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (J), by striking the period at
the end and inserting a semicolon; and
(C) by inserting the following new subparagraph at
the end:
``(K) ensure the contents of the stockpile remain
in good working order and, as appropriate, conduct
maintenance services on such contents; and''; and
(2) in subsection (c)(7)(B), by adding at the end the
following new clause:
``(ix) Equipment maintenance service.--In
carrying out this section, the Secretary may
enter into contracts for the procurement of
equipment maintenance services.''.
supply chain flexibility manufacturing pilot
Sec. 30532.
(a) In General.--Section 319F-2(a)(3) of the Public Health Service
Act (42 U.S.C. 247d-6b(a)(3)), as amended by section 30531, is further
amended by adding at the end the following new subparagraph:
``(L) enhance medical supply chain elasticity and
establish and maintain domestic reserves of critical
medical supplies (including personal protective
equipment, ancillary medical supplies, and other
applicable supplies required for the administration of
drugs, vaccines and other biological products, and
other medical devices (including diagnostic tests))
by--
``(i) increasing emergency stock of
critical medical supplies;
``(ii) geographically diversifying
production of such medical supplies;
``(iii) purchasing, leasing, or entering
into joint ventures with respect to facilities
and equipment for the production of such
medical supplies; and
``(iv) working with distributors of such
medical supplies to manage the domestic
reserves established under this subparagraph by
refreshing and replenishing stock of such
medical supplies.''.
(b) Reporting; Sunset.--Section 319F-2(a) of the Public Health
Service Act (42 U.S.C. 247d-6b(a)) is amended by adding at the end the
following:
``(6) Reporting.--Not later than September 30, 2022, the
Secretary shall submit to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Health,
Education, Labor and Pensions of the Senate a report on the
details of each purchase, lease, or joint venture entered into
under paragraph (3)(L), including the amount expended by the
Secretary on each such purchase, lease, or joint venture.
``(7) Sunset.--The authority to make purchases, leases, or
joint ventures pursuant to paragraph (3)(L) shall cease to be
effective on September 30, 2023.''.
(c) Funding.--Section 319F-2(f) of the Public Health Service Act
(42 U.S.C. 247d-6b(f)) is amended by adding at the end the following:
``(3) Supply chain elasticity.--
``(A) In general.--For the purpose of carrying out
subsection (a)(3)(L), there is authorized to be
appropriated $500,000,000 for each of fiscal years 2020
through 2023, to remain available until expended.
``(B) Relation to other amounts.--The amount
authorized to be appropriated by subparagraph (A) for
the purpose of carrying out subsection (a)(3)(L) is in
addition to any other amounts available for such
purpose.''.
reimbursable transfers from strategic national stockpile
Sec. 30533.
Section 319F-2(a) of the Public Health Service Act (42 U.S.C. 247d-
6b(a)), as amended, is further amended by adding at the end the
following:
``(8) Transfers and reimbursements.--
``(A) In general.--Without regard to chapter 5 of
title 40, United States Code, the Secretary may
transfer to any Federal department or agency, on a
reimbursable basis, any drugs, vaccines and other
biological products, medical devices, and other
supplies in the stockpile if--
``(i) the transferred supplies are less
than 6 months from expiry;
``(ii) the stockpile is able to replenish
the supplies, as appropriate; and
``(iii) the Secretary decides the transfer
is in the best interest of the United States
Government.
``(B) Use of reimbursement.--Reimbursement derived
from the transfer of supplies pursuant to subparagraph
(A) may be used by the Secretary, without further
appropriation and without fiscal year limitation, to
carry out this section.
``(C) Report.--Not later than September 30, 2022,
the Secretary shall submit to the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Health, Education, Labor and Pensions of
the Senate a report on each transfer made under this
paragraph and the amount received by the Secretary in
exchange for that transfer.
``(D) Sunset.--The authority to make transfers
under this paragraph shall cease to be effective on
September 30, 2023.''.
strategic national stockpile action reporting
Sec. 30534.
(a) In General.--The Assistant Secretary for Preparedness and
Response (in this section referred to as the ``Assistant Secretary''),
in coordination with the Administrator of the Federal Emergency
Management Agency, shall--
(1) not later than 30 days after the date of enactment of
this Act, issue a report to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Health, Education, Labor and Pensions of the Senate regarding
all State, local, Tribal, and territorial requests for supplies
from the Strategic National Stockpile related to COVID-19; and
(2) not less than every 30 days thereafter through the end
of the emergency period (as such term is defined in section
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
5(g)(1)(B))), submit to such committees an updated version of
such report.
(b) Reporting Period.--
(1) Initial report.--The initial report under subsection
(a) shall address all requests described in such subsection
made during the period--
(A) beginning on January 31, 2020; and
(B) ending on the date that is 30 days before the
date of submission of the report.
(2) Updates.--Each update to the report under subsection
(a) shall address all requests described in such subsection
made during the period--
(A) beginning at the end of the previous reporting
period under this section; and
(B) ending on the date that is 30 days before the
date of submission of the updated report.
(c) Contents of Report.--The report under subsection (a) (and
updates thereto) shall include--
(1) the details of each request described in such
subsection, including--
(A) the specific medical countermeasures, including
devices such as personal protective equipment, and
other materials requested; and
(B) the amount of such materials requested; and
(2) the outcomes of each request described in subsection
(a), including--
(A) whether the request was wholly fulfilled,
partially fulfilled, or denied;
(B) if the request was wholly or partially
fulfilled, the fulfillment amount; and
(C) if the request was partially fulfilled or
denied, a rationale for such outcome.
improved, transparent processes for the strategic national stockpile
Sec. 30535.
(a) In General.--Not later than January 1, 2021, the Secretary, in
collaboration with the Assistant Secretary for Preparedness and
Response and the Director of the Centers for Disease Control and
Prevention, shall develop and implement improved, transparent processes
for the use and distribution of drugs, vaccines and other biological
products, medical devices, and other supplies (including personal
protective equipment, ancillary medical supplies, and other applicable
supplies required for the administration of drugs, vaccines and other
biological products, diagnostic tests, and other medical devices ) in
the Strategic National Stockpile under section 319F-2 of the Public
Health Service Act (42 U.S.C. 247d-6b) (in this section referred to as
the ``Stockpile'').
(b) Processes.--The processes developed under subsection (a) shall
include--
(1) the form and manner in which States, localities,
Tribes, and territories are required to submit requests for
supplies from the Stockpile;
(2) the criteria used by the Secretary in responding to
such requests, including the reasons for fulfilling or denying
such requests;
(3) what circumstances result in prioritization of
distribution of supplies from the Stockpile to States,
localities, Tribes, or territories;
(4) clear plans for future, urgent communication between
the Secretary and States, localities, Tribes, and territories
regarding the outcome of such requests; and
(5) any differences in the processes developed under
subsection (a) for geographically related emergencies, such as
weather events, and national emergencies, such as pandemics.
(c) Report to Congress.--Not later than January 1, 2021, the
Secretary shall--
(1) submit a report to the Committee Energy and Commerce of
the House of Representatives and the Committee on Health,
Education, Labor and Pensions of the Senate regarding the
improved, transparent processes developed under this section;
and
(2) include in such report recommendations for
opportunities for communication (by telebriefing, phone calls,
or in-person meetings) between the Secretary and States,
localities, Tribes, and territories regarding such improved,
transparent processes.
gao study on the feasibility and benefits of a strategic national
stockpile user fee agreement
Sec. 30536.
(a) In General.-- The Comptroller General of the United States
shall conduct a study to investigate the feasibility of establishing
user fees to offset certain Federal costs attributable to the
procurement of single-source materials for the Strategic National
Stockpile under section 319F-2 of the Public Health Service Act (42
U.S.C. 247d-6b) and distributions of such materials from the Stockpile.
In conducting this study, the Comptroller General shall consider, to
the extent information is available--
(1) whether entities receiving such distributions generate
profits from those distributions;
(2) any Federal costs attributable to such distributions;
(3) whether such user fees would provide the Secretary with
funding to potentially offset procurement costs of such
materials for the Strategic National Stockpile; and
(4) any other issues the Comptroller General identifies as
relevant.
(b) Report.--Not later than February 1, 2023, the Comptroller
General of the United States shall submit to the Congress a report on
the findings and conclusions of the study under subsection (a).
Subtitle C--Testing and Testing Infrastructure Improvements
covid-19 testing strategy
Sec. 30541.
(a) Strategy.--Not later than June 15, 2020, the Secretary shall
update the COVID-19 strategic testing plan under the heading
``Department of Health and Human Services--Office of the Secretary--
Public Health and Social Service Emergency Fund'' in title I of
division B of the Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116-139, 134 Stat. 620, 626-627) and submit
to the appropriate congressional committees such updated national plan
identifying--
(1) what level of, types of, and approaches to testing
(including predicted numbers of tests, populations to be
tested, and frequency of testing and the appropriate setting
whether a health care setting (such as hospital-based, high-
complexity laboratory, point-of-care, mobile testing units,
pharmacies or community health centers) or non-health care
setting (such as workplaces, schools, or child care centers))
are necessary--
(A) to sufficiently monitor and contribute to the
control of the transmission of SARS-CoV-2 in the United
States;
(B) to ensure that any reduction in social
distancing efforts, when determined appropriate by
public health officials, can be undertaken in a manner
that optimizes the health and safety of the people of
the United States, and reduces disparities (including
disparities related to race, ethnicity, sex, age,
disability status, socioeconomic status, and geographic
location) in the prevalence of, incidence of, and
health outcomes with respect to, COVID-19; and
(C) to provide for ongoing surveillance sufficient
to support contact tracing, case identification,
quarantine, and isolation to prevent future outbreaks
of COVID-19;
(2) specific plans and benchmarks, each with clear
timelines, to ensure--
(A) such level of, types of, and approaches to
testing as are described in paragraph (1), with respect
to optimizing health and safety;
(B) sufficient availability of all necessary
testing materials and supplies, including extraction
and testing kits, reagents, transport media, swabs,
instruments, analysis equipment, personal protective
equipment if necessary for testing (including point-of-
care testing), and other equipment;
(C) allocation of testing materials and supplies in
a manner that optimizes public health, including by
considering the variable impact of SARS-CoV-2 on
specific States, territories, Indian Tribes, Tribal
organizations, urban Indian organizations, communities,
industries, and professions;
(D) sufficient evidence of validation for tests
that are deployed as a part of such strategy;
(E) sufficient laboratory and analytical capacity,
including target turnaround time for test results;
(F) sufficient personnel, including personnel to
collect testing samples, conduct and analyze results,
and conduct testing follow-up, including contact
tracing, as appropriate; and
(G) enforcement of the Families First Coronavirus
Response Act (Public Law 116-127) to ensure patients
who are tested are not subject to cost sharing;
(3) specific plans to ensure adequate testing in rural
areas, frontier areas, health professional shortage areas, and
medically underserved areas (as defined in section 330I(a) of
the Public Health Service Act (42 U.S.C. 254c-14(a))), and for
underserved populations, Native Americans (including Indian
Tribes, Tribal organizations, and urban Indian organizations),
and populations at increased risk related to COVID-19;
(4) specific plans to ensure accessibility of testing to
people with disabilities, older individuals, and individuals
with underlying health conditions or weakened immune systems;
and
(5) specific plans for broadly developing and implementing
testing for potential immunity in the United States, as
appropriate, in a manner sufficient--
(A) to monitor and contribute to the control of
SARS-CoV-2 in the United States;
(B) to ensure that any reduction in social
distancing efforts, when determined appropriate by
public health officials, can be undertaken in a manner
that optimizes the health and safety of the people of
the United States; and
(C) to reduce disparities (including disparities
related to race, ethnicity, sex, age, disability
status, socioeconomic status, and geographic location)
in the prevalence of, incidence of, and health outcomes
with respect to, COVID-19.
(b) Coordination.--The Secretary shall carry out this section--
(1) in coordination with the Administrator of the Federal
Emergency Management Agency;
(2) in collaboration with other agencies and departments,
as appropriate; and
(3) taking into consideration the State plans for COVID-19
testing prepared as required under the heading ``Department of
Health and Human Services--Office of the Secretary--Public
Health and Social Service Emergency Fund'' in title I of
division B of the Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116-139; 134 Stat. 620, 624).
(c) Updates.--
(1) Frequency.--The updated national plan under subsection
(a) shall be updated every 30 days until the end of the public
health emergency first declared by the Secretary under section
319 of the Public Health Service Act (42 U.S.C. 247d) on
January 31, 2020, with respect to COVID-19.
(2) Relation to other law.--Paragraph (1) applies in lieu
of the requirement (for updates every 90 days until funds are
expended) in the second to last proviso under the heading
``Department of Health and Human Services--Office of the
Secretary--Public Health and Social Service Emergency Fund'' in
title I of division B of the Paycheck Protection Program and
Health Care Enhancement Act (Public Law 116-139; 134 Stat. 620,
627).
(d) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Appropriations and the Committee on
Energy and Commerce of the House of Representatives; and
(2) the Committee on Appropriations and the Committee on
Health, Education, Labor and Pensions and of the Senate.
centralized testing information website
Sec. 30542.
The Secretary shall establish and maintain a public, searchable
webpage, to be updated and corrected as necessary through a process
established by the Secretary, on the website of the Department of
Health and Human Services that--
(1) identifies all in vitro diagnostic and serological
tests used in the United States to analyze clinical specimens
for detection of SARS-CoV-2 or antibodies specific to SARS-CoV-
2, including--
(A) those tests--
(i) that are approved, cleared, or
authorized under section 510(k), 513, 515, or
564 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360(k), 360c, 360e, 360bbb-3);
(ii) that have been validated by the test's
developers for use on clinical specimens and
for which the developer has notified the Food
and Drug Administration of the developer's
intent to market the test consistent with
applicable guidance issued by the Secretary; or
(iii) that have been developed and
authorized by a State that has notified the
Secretary of the State's intention to review
tests intended to diagnose COVID-19; and
(B) other SARS-CoV-2-related tests that the
Secretary determines appropriate in guidance, which may
include tests related to the monitoring of COVID-19
patient status;
(2) provides relevant information, as determined by the
Secretary, on each test identified pursuant to paragraph (1),
which may include--
(A) the name and contact information of the
developer of the test;
(B) the date of receipt of notification by the Food
and Drug Administration of the developer's intent to
market the test;
(C) the date of authorization for use of the test
on clinical specimens, where applicable;
(D) the letter of authorization for use of the test
on clinical specimens, where applicable;
(E) any fact sheets, manufacturer instructions, and
package inserts for the test, including information on
intended use;
(F) sensitivity and specificity of the test; and
(G) in the case of tests distributed by commercial
manufacturers, the number of tests distributed and, if
available, the number of laboratories in the United
States with the required platforms installed to perform
the test; and
(3) includes--
(A) a list of laboratories certified under section
353 of the Public Health Service Act (42 U.S.C. 263a;
commonly referred to as ``CLIA'') that--
(i) meet the regulatory requirements under
such section to perform high- or moderate-
complexity testing; and
(ii) are authorized to perform SARS-CoV-2
diagnostic or serological tests on clinical
specimens; and
(B) information on each laboratory identified
pursuant to subparagraph (A), including--
(i) the name and address of the laboratory;
(ii) the CLIA certificate number;
(iii) the laboratory type;
(iv) the certificate type; and
(v) the complexity level.
manufacturer reporting of test distribution
Sec. 30543.
(a) In General.--A commercial manufacturer of an in vitro
diagnostic or serological COVID-19 test shall, on a weekly basis,
submit a notification to the Secretary regarding distribution of each
such test, which notification--
(1) shall include the number of tests distributed and the
entities to which the tests are distributed; and
(2) may include the quantity of such tests distributed by
the manufacturer.
(b) 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.
(c) Failure to Meet Requirements.--If a manufacturer fails to
submit a notification as required under subsection (a), the following
applies:
(1) The Secretary shall issue a letter to such manufacturer
informing such manufacturer of such failure.
(2) Not later than 7 calendar days after the issuance of a
letter under paragraph (1), the manufacturer to whom such
letter is issued shall submit to the Secretary a written
response to such letter--
(A) setting forth the basis for noncompliance; and
(B) providing information as required under
subsection (a).
(3) Not later than 14 calendar days after the issuance of a
letter under paragraph (1), the Secretary shall make such
letter and any response to such letter under paragraph (2)
available to the public on the internet website of the Food and
Drug Administration, with appropriate redactions made to
protect information described in subsection (b). The preceding
sentence shall not apply if the Secretary determines that--
(A) the letter under paragraph (1) was issued in
error; or
(B) after review of such response, the manufacturer
had a reasonable basis for not notifying as required
under subsection (a).
state testing report
Sec. 30544.
For any State that authorizes (or intends to authorize) one or more
laboratories in the State to develop and perform in vitro diagnostic
COVID-19 tests, the head of the department or agency of such State with
primary responsibility for health shall--
(1) notify the Secretary of such authorization (or
intention to authorize); and
(2) provide the Secretary with a weekly report--
(A) identifying all laboratories authorized (or
intended to be authorized) by the State to develop and
perform in vitro diagnostic COVID-19 tests;
(B) including relevant information on all
laboratories identified pursuant to subparagraph (A),
which may include information on laboratory testing
capacity;
(C) identifying all in vitro diagnostic COVID-19
tests developed and approved for clinical use in
laboratories identified pursuant to subparagraph (A);
and
(D) including relevant information on all tests
identified pursuant to subparagraph (C), which may
include--
(i) the name and contact information of the
developer of any such test;
(ii) any fact sheets, manufacturer
instructions, and package inserts for any such
test, including information on intended use;
and
(iii) the sensitivity and specificity of
any such test.
state listing of testing sites
Sec. 30545.
Not later than 14 days after the date of enactment of this Act, any
State receiving funding or assistance under this Act, as a condition on
such receipt, shall establish and maintain a public, searchable webpage
on the official website of the State that--
(1) identifies all sites located in the State that provide
diagnostic or serological testing for SARS-CoV-2; and
(2) provides appropriate contact information for SARS-CoV-2
testing sites pursuant to paragraph (1).
reporting of covid-19 testing results
Sec. 30546.
(a) In General.--Every laboratory that performs or analyzes a test
that is intended to detect SARS-CoV-2 or to diagnose a possible case of
COVID-19 shall report daily the number of tests performed and the
results from each such test to the Secretary of Health and Human
Services and to the Secretary of Homeland Security, in such form and
manner as such Secretaries may prescribe. Such information shall be
made available to the public in a searchable, electronic format.
(b) Additional Reporting Requirements.--The Secretaries specified
in subsection (a)--
(1) may specify additional reporting requirements under
this section by regulation, including by interim final rule, or
by guidance; and
(2) may issue such regulations or guidance without regard
to the procedures otherwise required by section 553 of title 5,
United States Code.
gao report on diagnostic tests
Sec. 30547.
(a) GAO Study.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor and
Pensions of the Senate a report describing the response of entities
described in subsection (b) to the COVID-19 pandemic with respect to
the development, regulatory evaluation, and deployment of diagnostic
tests.
(b) Entities Described.--Entities described in this subsection
include--
(1) laboratories, including public health, academic,
clinical, and commercial laboratories;
(2) diagnostic test manufacturers;
(3) State, local, Tribal, and territorial governments; and
(4) the Food and Drug Administration, the Centers for
Disease Control and Prevention, the Centers for Medicare &
Medicaid Services, the National Institutes of Health, and other
relevant Federal agencies, as appropriate.
(c) Contents.--The report under subsection (a) shall include--
(1) a description of actions taken by entities described in
subsection (b) to develop, evaluate, and deploy diagnostic
tests;
(2) an assessment of the coordination of Federal agencies
in the development, regulatory evaluation, and deployment of
diagnostic tests;
(3) an assessment of the standards used by the Food and
Drug Administration to evaluate diagnostic tests;
(4) an assessment of the clarity of Federal agency guidance
related to testing, including the ability for individuals
without medical training to understand which diagnostic tests
had been evaluated by the Food and Drug Administration;
(5) a description of--
(A) actions taken and clinical processes employed
by States and territories that have authorized
laboratories to develop and perform diagnostic tests
not authorized, approved, or cleared by the Food and
Drug Administration, including actions of such States
and territories to evaluate the accuracy and
sensitivity of such tests; and
(B) the standards used by States and territories
when deciding when to authorize laboratories to develop
or perform diagnostic tests;
(6) an assessment of the steps taken by laboratories and
diagnostic test manufacturers to validate diagnostic tests, as
well as the evidence collected by such entities to support
validation; and
(7) based on available reports, an assessment of the
accuracy and sensitivity of a representative sample of
available diagnostic tests.
(d) Definition.--In this section, the term ``diagnostic test''
means an in vitro diagnostic product (as defined in section 809.3(a) of
title 21, Code of Federal Regulations) for--
(1) the detection of SARS-CoV-2;
(2) the diagnosis of the virus that causes COVID-19; or
(3) the detection of antibodies specific to SARS-CoV-2,
such as a serological test.
public health data system transformation
Sec. 30548.
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, and
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 $450,000,000 to remain
available until expended.''.
pilot program to improve laboratory infrastructure
Sec. 30549.
(a) In General.--The Secretary shall award grants to States and
political subdivisions of States to support the improvement,
renovation, or modernization of infrastructure at clinical laboratories
(as defined in section 353 of the Public Health Service Act (42 U.S.C.
263a)) that will help to improve SARS-CoV-2 and COVID-19 testing and
response activities, including the expansion and enhancement of testing
capacity at such laboratories.
(b) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $1,000,000,000 to remain
available until expended.
core public health infrastructure for state, local, tribal, and
territorial health departments
Sec. 30550.
(a) Program.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, shall establish a core
public health infrastructure program consisting of awarding grants
under subsection (b).
(b) Grants.--
(1) Award.--For the purpose of addressing core public
health infrastructure needs, the Secretary--
(A) shall award a grant to each State health
department; and
(B) may award grants on a competitive basis to
State, local, Tribal, or territorial health
departments.
(2) Allocation.--Of the total amount of funds awarded as
grants under this subsection for a fiscal year--
(A) not less than 50 percent shall be for grants to
State health departments under paragraph (1)(A); and
(B) not less than 30 percent shall be for grants to
State, local, Tribal, or territorial health departments
under paragraph (1)(B).
(c) Use of Funds.--A State, local, Tribal, or territorial health
department receiving a grant under subsection (b) shall use the grant
funds to address core public health infrastructure needs, including
those identified in the accreditation process under subsection (g).
(d) Formula Grants to State Health Departments.--In making grants
under subsection (b)(1)(A), the Secretary shall award funds to each
State health department in accordance with--
(1) a formula based on population size; burden of
preventable disease and disability; and core public health
infrastructure gaps, including those identified in the
accreditation process under subsection (g); and
(2) application requirements established by the Secretary,
including a requirement that the State health department submit
a plan that demonstrates to the satisfaction of the Secretary
that the State's health department will--
(A) address its highest priority core public health
infrastructure needs; and
(B) as appropriate, allocate funds to local health
departments within the State.
(e) Competitive Grants to State, Local, Tribal, and Territorial
Health Departments.--In making grants under subsection (b)(1)(B), the
Secretary shall give priority to applicants demonstrating core public
health infrastructure needs identified in the accreditation process
under subsection (g).
(f) Maintenance of Effort.--The Secretary may award a grant to an
entity under subsection (b) only if the entity demonstrates to the
satisfaction of the Secretary that--
(1) funds received through the grant will be expended only
to supplement, and not supplant, non-Federal and Federal funds
otherwise available to the entity for the purpose of addressing
core public health infrastructure needs; and
(2) with respect to activities for which the grant is
awarded, the entity will maintain expenditures of non-Federal
amounts for such activities at a level not less than the level
of such expenditures maintained by the entity for the fiscal
year preceding the fiscal year for which the entity receives
the grant.
(g) Establishment of a Public Health Accreditation Program.--
(1) In general.--The Secretary shall--
(A) develop, and periodically review and update,
standards for voluntary accreditation of State, local,
Tribal, and territorial health departments and public
health laboratories for the purpose of advancing the
quality and performance of such departments and
laboratories; and
(B) implement a program to accredit such health
departments and laboratories in accordance with such
standards.
(2) Cooperative agreement.--The Secretary may enter into a
cooperative agreement with a private nonprofit entity to carry
out paragraph (1).
(h) Report.--The Secretary shall submit to the Congress an annual
report on progress being made to accredit entities under subsection
(g), including--
(1) a strategy, including goals and objectives, for
accrediting entities under subsection (g) and achieving the
purpose described in subsection (g)(1)(A);
(2) identification of gaps in research related to core
public health infrastructure; and
(3) recommendations of priority areas for such research.
(i) Definition.--In this section, the term ``core public health
infrastructure'' includes--
(1) workforce capacity and competency;
(2) laboratory systems;
(3) testing capacity, including test platforms, mobile
testing units, and personnel;
(4) health information, health information systems, and
health information analysis;
(5) disease surveillance;
(6) contact tracing;
(7) communications;
(8) financing;
(9) other relevant components of organizational capacity;
and
(10) other related activities.
(j) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $6,000,000,000, to remain
available until expended.
core public health infrastructure and activities for cdc
Sec. 30551.
(a) In General.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, shall expand and improve
the core public health infrastructure and activities of the Centers for
Disease Control and Prevention to address unmet and emerging public
health needs.
(b) Report.--The Secretary shall submit to the Congress an annual
report on the activities funded through this section.
(c) Definition.--In this section, the term ``core public health
infrastructure'' has the meaning given to such term in section 30550.
(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $1,000,000,000, to remain
available until expended.
Subtitle D--COVID-19 National Testing and Contact Tracing Initiative
national system for covid-19 testing, contact tracing, surveillance,
containment, and mitigation
Sec. 30561.
(a) In General.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, and in coordination with
State, local, Tribal, and territorial health departments, shall
establish and implement a nationwide evidence-based system for--
(1) testing, contact tracing, surveillance, containment,
and mitigation with respect to COVID-19;
(2) offering guidance on voluntary isolation and quarantine
of individuals infected with, or exposed to individuals
infected with, the virus that causes COVID-19; and
(3) public reporting on testing, contact tracing,
surveillance, and voluntary isolation and quarantine activities
with respect to COVID-19.
(b) Coordination; Technical Assistance.--In carrying out the
national system under this section, the Secretary shall--
(1) coordinate State, local, Tribal, and territorial
activities related to testing, contact tracing, surveillance,
containment, and mitigation with respect to COVID-19, as
appropriate; and
(2) provide technical assistance for such activities, as
appropriate.
(c) Consideration.--In establishing and implementing the national
system under this section, the Secretary shall take into
consideration--
(1) the State plans referred to in the heading ``Public
Health and Social Services Emergency Fund'' in title I of
division B of the Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116-139); and
(2) the testing strategy submitted under section 30541.
(d) Reporting.--The Secretary shall--
(1) not later than December 31, 2020, submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor
and Pensions a preliminary report on the effectiveness of the
activities carried out pursuant to this subtitle; and
(2) not later than December 21, 2021, submit to such
committees a final report on such effectiveness.
grants
Sec. 30562.
(a) In General.--To implement the national system under section
30561, the Secretary, acting through the Director of the Centers for
Disease Control and Prevention, shall, subject to the availability of
appropriations, award grants to State, local, Tribal, and territorial
health departments that seek grants under this section to carry out
coordinated testing, contact tracing, surveillance, containment, and
mitigation with respect to COVID-19, including--
(1) diagnostic and surveillance testing and reporting;
(2) community-based contact tracing efforts; and
(3) policies related to voluntary isolation and quarantine
of individuals infected with, or exposed to individuals
infected with, the virus that causes COVID-19.
(b) Flexibility.--The Secretary shall ensure that--
(1) the grants under subsection (a) provide flexibility for
State, local, Tribal, and territorial health departments to
modify, establish, or maintain evidence-based systems; and
(2) local health departments receive funding from State
health departments or directly from the Centers for Disease
Control and Prevention to contribute to such systems, as
appropriate.
(c) Allocations.--
(1) Formula.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall allocate
amounts made available pursuant to subsection (a) in accordance
with a formula to be established by the Secretary that provides
a minimum level of funding to each State, local, Tribal, and
territorial health department that seeks a grant under this
section and allocates additional funding based on the following
prioritization:
(A) The Secretary shall give highest priority to
applicants proposing to serve populations in one or
more geographic regions with a high burden of COVID-19
based on data provided by the Centers for Disease
Control and Prevention, or other sources as determined
by the Secretary.
(B) The Secretary shall give second highest
priority to applicants preparing for, or currently
working to mitigate, a COVID-19 surge in a geographic
region that does not yet have a high number of reported
cases of COVID-19 based on data provided by the Centers
for Disease Control and Prevention, or other sources as
determined by the Secretary.
(C) The Secretary shall give third highest priority
to applicants proposing to serve high numbers of low-
income and uninsured populations, including medically
underserved populations (as defined in section
330(b)(3) of the Public Health Service Act (42 U.S.C.
254b(b)(3))), health professional shortage areas (as
defined under section 332(a) of the Public Health
Service Act (42 U.S.C. 254e(a))), racial and ethnic
minorities, or geographically diverse areas, as
determined by the Secretary.
(2) Notification.--Not later than the date that is one week
before first awarding grants under this section, the Secretary
shall submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Health,
Education, Labor and Pensions of the Senate a notification
detailing the formula established under paragraph (1) for
allocating amounts made available pursuant to subsection (a).
(d) Use of Funds.--A State, local, Tribal, and territorial health
department receiving a grant under this section shall, to the extent
possible, use the grant funds for the following activities, or other
activities deemed appropriate by the Director of the Centers for
Disease Control and Prevention:
(1) Testing.--To implement a coordinated testing system
that--
(A) leverages or modernizes existing testing
infrastructure and capacity;
(B) is consistent with the updated testing strategy
required under section 30541;
(C) is coordinated with the State plan for COVID-19
testing prepared as required under the heading
``Department of Health and Human Services--Office of
the Secretary--Public Health and Social Service
Emergency Fund'' in title I of division B of the
Paycheck Protection Program and Health Care Enhancement
Act (Public Law 116-139; 134 Stat. 620, 624);
(D) is informed by contact tracing and surveillance
activities under this subtitle;
(E) is informed by guidelines established by the
Centers for Disease Control and Prevention for which
populations should be tested;
(F) identifies how diagnostic and serological tests
in such system shall be validated prior to use;
(G) identifies how diagnostic and serological tests
and testing supplies will be distributed to implement
such system;
(H) identifies specific strategies for ensuring
testing capabilities and accessibility in medically
underserved populations (as defined in section
330(b)(3) of the Public Health Service Act (42 U.S.C.
254b(b)(3))), health professional shortage areas (as
defined under section 332(a) of the Public Health
Service Act (42 U.S.C. 254e(a))), racial and ethnic
minority populations, and geographically diverse areas,
as determined by the Secretary;
(I) identifies how testing may be used, and results
may be reported, in both health care settings (such as
hospitals, laboratories for moderate or high-complexity
testing, pharmacies, mobile testing units, and
community health centers) and non-health care settings
(such as workplaces, schools, childcare centers, or
drive-throughs);
(J) allows for testing in sentinel surveillance
programs, as appropriate; and
(K) supports the procurement and distribution of
diagnostic and serological tests and testing supplies
to meet the goals of the system.
(2) Contact tracing.--To implement a coordinated contact
tracing system that--
(A) leverages or modernizes existing contact
tracing systems and capabilities, including community
health workers, health departments, and Federally
qualified health centers;
(B) is able to investigate cases of COVID-19, and
help to identify other potential cases of COVID-19,
through tracing contacts of individuals with positive
diagnoses;
(C) establishes culturally competent and
multilingual strategies for contact tracing, which may
include consultation with and support for cultural or
civic organizations with established ties to the
community;
(D) provides individuals identified under the
contact tracing program with information and support
for containment or mitigation;
(E) enables State, local, Tribal, and territorial
health departments to work with a nongovernmental,
community partner or partners and State and local
workforce development systems (as defined in section
3(67) of Workforce Innovation and Opportunity Act (29
U.S.C. 3102(67))) receiving grants under section
30566(b) of this Act to hire and compensate a locally-
sourced contact tracing workforce, if necessary, to
supplement the public health workforce, to--
(i) identify the number of contact tracers
needed for the respective State, locality,
territorial, or Tribal health department to
identify all cases of COVID-19 currently in the
jurisdiction and those anticipated to emerge
over the next 18 months in such jurisdiction;
(ii) outline qualifications necessary for
contact tracers;
(iii) train the existing and newly hired
public health workforce on best practices
related to tracing close contacts of
individuals diagnosed with COVID-19, including
the protection of individual privacy and
cybersecurity protection; and
(iv) equip the public health workforce with
tools and resources to enable a rapid response
to new cases;
(F) identifies the level of contact tracing needed
within the State, locality, territory, or Tribal area
to contain and mitigate the transmission of COVID-19;
(G) establishes statewide mechanisms to integrate
regular evaluation to the Centers for Disease Control
and Prevention regarding contact tracing efforts, makes
such evaluation publicly available, and to the extent
possible provides for such evaluation at the county
level; and
(H) identifies specific strategies for ensuring
contact tracing activities in medically underserved
populations (as defined in section 330(b)(3) of the
Public Health Service Act (42 U.S.C. 254b(b)(3))),
health professional shortage areas (as defined under
section 332(a) of the Public Health Service Act (42
U.S.C. 254e(a))), racial and ethnic minority
populations, and geographically diverse areas, as
determined by the Secretary.
(3) Surveillance.--To strengthen the existing public health
surveillance system that--
(A) leverages or modernizes existing surveillance
systems within the respective State, local, Tribal, or
territorial health department and national surveillance
systems;
(B) detects and identifies trends in COVID-19 at
the county level;
(C) evaluates State, local, Tribal, and territorial
health departments in achieving surveillance
capabilities with respect to COVID-19;
(D) integrates and improves disease surveillance
and immunization tracking; and
(E) identifies specific strategies for ensuring
disease surveillance in medically underserved
populations (as defined in section 330(b)(3) of the
Public Health Service Act (42 U.S.C. 254b(b)(3))),
health professional shortage areas (as defined under
section 332(a) of the Public Health Service Act (42
U.S.C. 254e(a))), racial and ethnic minority
populations, and geographically diverse areas, as
determined by the Secretary.
(4) Containment and mitigation.--To implement a coordinated
containment and mitigation system that--
(A) leverages or modernizes existing containment
and mitigation strategies within the respective State,
local, Tribal, or territorial governments and national
containment and mitigation strategies;
(B) may provide for, connect to, and leverage
existing social services and support for individuals
who have been infected with or exposed to COVID-19 and
who are isolated or quarantined in their homes, such as
through--
(i) food assistance programs;
(ii) guidance for household infection
control;
(iii) information and assistance with
childcare services; and
(iv) information and assistance pertaining
to support available under the CARES Act
(Public Law 116-136) and this Act;
(C) provides guidance on the establishment of safe,
high-quality, facilities for the voluntary isolation of
individuals infected with, or quarantine of the
contacts of individuals exposed to COVID-19, where
hospitalization is not required, which facilities
should--
(i) be prohibited from making inquiries
relating to the citizenship status of an
individual isolated or quarantined; and
(ii) be operated by a non-Federal,
community partner or partners that--
(I) have previously established
relationships in localities;
(II) work with local places of
worship, community centers, medical
facilities, and schools to recruit
local staff for such facilities; and
(III) are fully integrated into
State, local, Tribal, or territorial
containment and mitigation efforts; and
(D) identifies specific strategies for ensuring
containment and mitigation activities in medically
underserved populations (as defined in section
330(b)(3) of the Public Health Service Act (42 U.S.C.
254b(b)(3))), health professional shortage areas (as
defined under section 332(a) of the Public Health
Service Act (42 U.S.C. 254e(a))), racial and ethnic
minority populations, and geographically diverse areas,
as determined by the Secretary.
(e) Reporting.--The Secretary shall facilitate mechanisms for
timely, standardized reporting by grantees under this section regarding
implementation of the systems established under this section and
coordinated processes with the reporting as required and under the
heading ``Department of Health and Human Services--Office of the
Secretary--Public Health and Social Service Emergency Fund'' in title I
of division B of the Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116-139, 134 Stat. 620), including--
(1) a summary of county or local health department level
information from the States receiving funding, and information
from directly funded localities, territories, and Tribal
entities, about the activities that will be undertaken using
funding awarded under this section, including subgrants;
(2) any anticipated shortages of required materials for
testing for COVID-19 under subsection (a); and
(3) other barriers in the prevention, mitigation, or
treatment of COVID-19 under this section.
(f) Public Listing of Awards.--The Secretary shall--
(1) not later than 7 days after first awarding grants under
this section, post in a searchable, electronic format a list of
all awards made by the Secretary under this section, including
the recipients and amounts of such awards; and
(2) update such list not less than every 7 days until all
funds made available to carry out this section are expended.
guidance, technical assistance, information, and communication
Sec. 30563.
(a) In General.-- Not later than 14 days after the date of the
enactment of this Act, the Secretary, in coordination with other
Federal agencies, as appropriate, shall issue guidance, provide
technical assistance, and provide information to States, localities,
Tribes, and territories, with respect to the following:
(1) The diagnostic and serological testing of individuals
identified through contact tracing for COVID-19, including
information with respect to the reduction of duplication
related to programmatic activities, reporting, and billing.
(2) Best practices regarding contact tracing, including the
collection of data with respect to such contact tracing and
requirements related to the standardization of demographic and
syndromic information collected as part of contact tracing
efforts.
(3) Best practices regarding COVID-19 disease surveillance,
including best practices to reduce duplication in surveillance
activities, identifying gaps in surveillance and surveillance
systems, and ways in which the Secretary plans to effectively
support State, local, Tribal and territorial health departments
in addressing such gaps.
(4) Information on ways for State, local, Tribal, and
territorial health departments to establish and maintain the
testing, contact tracing, and surveillance activities described
in paragraphs (1) through (3).
(5) The protection of any personally identifiable health
information collected pursuant to this subtitle.
(6) Best practices regarding privacy and cybersecurity
protection related to contact tracing, containment, and
mitigation efforts.
(b) Guidance on Payment.--Not later than 14 days after the date of
the enactment of this Act, the Secretary, in coordination with the
Administrator of the Centers for Medicare & Medicaid Services, the
Director of the Centers for Disease Control and Prevention, and in
coordination with other Federal agencies, as appropriate, shall develop
and issue to State, local, Tribal, and territorial health departments
clear guidance and policies--
(1) with respect to the coordination of claims submitted
for payment out of the Public Health and Social Services
Emergency Fund for services furnished in a facility referred to
in section 30562(d)(4)(C);
(2) identifying how an individual who is isolated or
quarantined at home or in such a facility--
(A) incurs no out-of-pocket costs for any services
furnished to such individual while isolated; and
(B) may receive income support for lost earnings or
payments for expenses such as child care or elder care
while such individual is isolated at home or in such a
facility;
(3) providing information and assistance pertaining to
support available under the CARES Act (Public Law 116-136) and
this Act; and
(4) identifying State, local, Tribal, and territorial
health departments or partner agencies that may provide social
support services, such as groceries or meals, health education,
internet access, and behavioral health services, to individuals
who isolated or quarantined at home or in such a facility.
(c) Guidance on Testing.--Not later than 14 days after the date of
the enactment of this Act, the Secretary, in coordination with the
Commissioner of Food and Drugs, the Director of the National Institutes
of Health, and the Director of the Centers for Disease Control and
Prevention, and in coordination with other Federal agencies as
appropriate, shall develop and issue to State, local, Tribal, and
territorial health departments clear guidance and policies regarding--
(1) objective standards to characterize the performance of
all diagnostic and serological tests for COVID-19 in order to
independently evaluate tests continuously over time;
(2) protocols for the evaluation of the performance of
diagnostic and serological tests for COVID-19; and
(3) a repository of characterized specimens to use to
evaluate the performance of those tests that can be made
available for appropriate entities to use to evaluate
performance.
(d) Communication.--The Secretary shall identify and publicly
announce the form and manner for communication with State, local,
Tribal, and territorial health departments for purposes of carrying out
the activities addressed by guidance issued under subsections (a) and
(b).
(e) Availability to Providers.--Guidance issued under subsection
(a)(1) shall be issued to health care providers.
(f) Ongoing Provision of Guidance and Technical Assistance.--
Notwithstanding whether funds are available specifically to carry out
this subtitle, guidance and technical assistance shall continue to be
provided under this section.
research and development
Sec. 30564.
The Secretary, in coordination with the Director of the Centers for
Disease Control and Prevention and in collaboration with the Director
of the National Institutes of Health, the Director of the Agency for
Healthcare Research and Quality, the Commissioner of Food and Drugs,
and the Administrator of the Centers for Medicare & Medicaid Services,
shall support research and development on more efficient and effective
strategies--
(1) for the surveillance of SARS-CoV-2 and COVID-19;
(2) for the testing and identification of individuals
infected with COVID-19; and
(3) for the tracing of contacts of individuals infected
with COVID-19.
awareness campaigns
Sec. 30565.
The Secretary, 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, including faith-
based organizations, to carry out multilingual and culturally
appropriate awareness campaigns. Such campaigns shall--
(1) be based on available scientific evidence;
(2) increase awareness and knowledge of COVID-19, including
countering stigma associated with COVID-19;
(3) improve information on the availability of COVID-19
diagnostic testing; and
(4) promote cooperation with contact tracing efforts.
grants to state and tribal workforce agencies
Sec. 30566.
(a) Definitions.--In this section:
(1) In general.--Except as otherwise provided, the terms in
this section have the meanings given the terms in section 3 of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(2) Apprenticeship; apprenticeship program.--The term
``apprenticeship'' or ``apprenticeship program'' means an
apprenticeship program registered under the Act of August 16,
1937 (commonly known as the ``National Apprenticeship Act'')
(50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), including
any requirement, standard, or rule promulgated under such Act,
as such requirement, standard, or rule was in effect on
December 30, 2019.
(3) Contact tracing and related positions.--The term
``contact tracing and related positions'' means employment
related to contact tracing, surveillance, containment, and
mitigation activities as described in paragraphs (2), (3), and
(4) of section 30562(d).
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a State or territory, including the District of
Columbia and Puerto Rico;
(B) an Indian Tribe, Tribal organization, Alaska
Native entity, Indian-controlled organizations serving
Indians, or Native Hawaiian organizations;
(C) an outlying area; or
(D) a local board, if an eligible entity under
subparagraphs (A) through (C) has not applied with
respect to the area over which the local board has
jurisdiction as of the date on which the local board
submits an application under subsection (c).
(5) Eligible individual.--Notwithstanding section 170(b)(2)
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3225(b)(2)), the term ``eligible individual'' means an
individual seeking or securing employment in contact tracing or
related positions and is served by an eligible entity or
community-based organization receiving funding under this
section.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(b) Grants.--
(1) In general.--Subject to the availability of
appropriations under subsection (g), the Secretary shall award
national dislocated worker grants under section 170(b)(1)(B) of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3225(b)(1)(B)) to each eligible entity that seeks a grant to
assist local boards and community-based organizations in
carrying out activities under subsections (f) and (d),
respectively, for the following purposes:
(A) To support the recruitment, placement, and
training, as applicable, of eligible individuals
seeking employment in contact tracing and related
positions in accordance with the national system for
COVID-19 testing, contact tracing, surveillance,
containment, and mitigation established under section
30561.
(B) To assist with the employment transition to new
employment or education and training of individuals
employed under this section in preparation for and upon
termination of such employment.
(2) Timeline.--The Secretary of Labor shall--
(A) issue application requirements under subsection
(c) not later than 10 days after the date of enactment
of this section; and
(B) award grants to an eligible entity under
paragraph (1) not later than 10 days after the date on
which the Secretary receives an application from such
entity.
(c) Grant Application.--An eligible entity applying for a grant
under this section shall submit an application to the Secretary, at
such time and in such form and manner as the Secretary may reasonably
require, which shall include a description of--
(1) how the eligible entity will support the recruitment,
placement, and training, as applicable, of eligible individuals
seeking employment in contact tracing and related positions by
partnering with--
(A) a State, local, Tribal, or territorial health
department; or
(B) one or more nonprofit or community-based
organizations partnering with such health departments;
(2) how the activities described in paragraph (1) will
support State efforts to address the demand for contact tracing
and related positions with respect to--
(A) the State plans referred to in the heading
``Public Health and Social Services Emergency Fund'' in
title I of division B of the Paycheck Protection
Program and Health Care Enhancement Act (Public Law
116-139);
(B) the testing strategy submitted under section
30541; and
(C) the number of eligible individuals that the
State plans to recruit and train under the plans and
strategies described in subparagraphs (A) and (B);
(3) the specific strategies for recruiting and placement of
eligible individuals from or residing within the communities in
which they will work, including--
(A) plans for the recruitment of eligible
individuals to serve as contact tracers and related
positions, including dislocated workers, individuals
with barriers to employment, veterans, new entrants in
the workforce, or underemployed or furloughed workers,
who are from or reside in or near the local area in
which they will serve, and who, to the extent
practicable--
(i) have experience or a background in
industry-sectors and occupations such as public
health, social services, customer service, case
management, or occupations that require related
qualifications, skills, or competencies, such
as strong interpersonal and communication
skills, needed for contact tracing or related
positions, as described in section
30562(d)(2)(E)(ii); or
(ii) seek to transition to public health
and public health related occupations upon the
conclusion of employment in contact tracing or
related positions; and
(B) how such strategies will take into account the
diversity of such community, including racial, ethnic,
socioeconomic, linguistic, or geographic diversity;
(4) the amount, timing, and mechanisms for distribution of
funds provided to local boards or through subgrants as
described in subsection (d);
(5) for eligible entities described in subparagraphs (A)
through (C) of subsection (a)(4), a description of how the
eligible entity will ensure the equitable distribution of funds
with respect to--
(A) geography (such as urban and rural
distribution);
(B) medically underserved populations (as defined
in section 33(b)(3) of the Public Health Service Act
(42 U.S.C. 254b(b)));
(C) health professional shortage areas (as defined
under section 332(a) of the Public Health Service Act
(42 U.S.C. 254e(a))); and
(D) the racial and ethnic diversity of the area;
and
(6) for eligible entities who are local boards, a
description of how a grant to such eligible entity would serve
the equitable distribution of funds as described in paragraph
(5).
(d) Subgrant Authorization and Application Process.--
(1) In general.--An eligible entity may award a subgrant to
one or more community-based organizations for the purposes of
partnering with a State or local board to conduct outreach and
education activities to inform potentially eligible individuals
about employment opportunities in contact tracing and related
positions.
(2) Application.--A community-based organization shall
submit an application at such time and in such manner as the
eligible entity may reasonably require, including--
(A) a demonstration of the community-based
organization's established expertise and effectiveness
in community outreach in the local area that such
organization plans to serve;
(B) a demonstration of the community-based
organization's expertise in providing employment or
public health information to the local areas in which
such organization plans to serve; and
(C) a description of the expertise of the
community-based organization in utilizing culturally
competent and multilingual strategies in the provision
of services.
(e) Grant Distribution.--
(1) Federal distribution.--
(A) Use of funds.-- The Secretary of Labor shall
use the funds appropriated to carry out this section as
follows:
(i) Subject to clause (ii), the Secretary
shall distribute funds among eligible entities
in accordance with a formula to be established
by the Secretary that provides a minimum level
of funding to each eligible entity that seeks a
grant under this section and allocates
additional funding as follows:
(I) The formula shall give first
priority based on the number and
proportion of contact tracing and
related positions that the State plans
to recruit, place, and train
individuals as a part of the State
strategy described in subsection
(c)(2)(A).
(II) Subject to subclause (I), the
formula shall give priority in
accordance with section 30562(c).
(ii) Not more than 2 percent of the funding
for administration of the grants and for
providing technical assistance to recipients of
funds under this section.
(B) Equitable distribution.--If the geographic
region served by one or more eligible entities
overlaps, the Secretary shall distribute funds among
such entities in such a manner that ensures equitable
distribution with respect to the factors under
subsection (c)(5).
(2) Eligible entity use of funds.--An eligible entity
described in subparagraphs (A) through (C) of subsection
(a)(4)--
(A) shall, not later than 30 days after the date on
which the entity receives grant funds under this
section, provide not less than 70 percent of grant
funds to local boards for the purpose of carrying out
activities in subsection (f);
(B) may use up to 20 percent of such funds to make
subgrants to community-based organizations in the
service area to conduct outreach, to potential eligible
individuals, as described in subsection (d);
(C) in providing funds to local boards and awarding
subgrants under this subsection shall ensure the
equitable distribution with respect to the factors
described in subsection (c)(5); and
(D) may use not more than 10 percent of the funds
awarded under this section for the administrative costs
of carrying out the grant and for providing technical
assistance to local boards and community-based
organizations.
(3) Local board use of funds.--A local board, or an
eligible entity that is a local board, shall use--
(A) not less than 60 percent of the funds for
recruitment and training for COVID-19 testing, contact
tracing, surveillance, containment, and mitigation
established under section 30561;
(B) not less than 30 of the funds to support the
transition of individuals hired as contact tracers and
related positions into an education or training
program, or unsubsidized employment upon completion of
such positions; and
(C) not more than 10 percent of the funds for
administrative costs.
(f) Eligible Activities.--The State or local boards shall use funds
awarded under this section to support the recruitment and placement of
eligible individuals, training and employment transition as related to
contact tracing and related positions, and for the following
activities:
(1) Establishing or expanding partnerships with--
(A) State, local, Tribal, and territorial public
health departments;
(B) community-based health providers, including
community health centers and rural health clinics;
(C) labor organizations or joint labor management
organizations;
(D) two-year and four-year institutions of higher
education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)), including
institutions eligible to receive funds under section
371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)); and
(E) community action agencies or other community-
based organizations serving local areas in which there
is a demand for contact tracers and related positions.
(2) Providing training for contact tracing and related
positions in coordination with State, local, Tribal, or
territorial health departments that is consistent with the
State or territorial testing and contact tracing strategy and
ensuring that eligible individuals receive compensation while
participating in such training.
(3) Providing eligible individuals with--
(A) adequate and safe equipment, environments, and
facilities for training and supervision, as applicable;
(B) information regarding the wages and benefits
related to contact tracing and related positions, as
compared to State, local, and national averages;
(C) supplies and equipment needed by the program
participants to support placement of an individual in
contact tracing and related positions, as applicable;
(D) an individualized employment plan for each
eligible individual, as applicable--
(i) in coordination with the entity
employing the eligible individual in a contact
tracing or related position; and
(ii) which shall include providing a case
manager to work with each eligible individual
to develop the plan, which may include--
(I) identifying employment and
career goals, and setting appropriate
achievement objectives to attain such
goals; and
(II) exploring career pathways that
lead to in-demand industries and
sectors, including in public health and
related occupations; and
(E) services for the period during which the
individual is employed in a contact tracing and related
position to ensure job retention, which may include--
(i) supportive services throughout the term
of employment;
(ii) a continuation of skills training as
related to employment as a contact tracer or
related positions, that is conducted in
collaboration with the employers of such
participants;
(iii) mentorship services and job retention
support for eligible individuals; or
(iv) targeted training for managers and
workers working with eligible individuals (such
as mentors), and human resource
representatives;
(4) Supporting the transition and placement in unsubsidized
employment for eligible individuals serving in the contact
tracing or related positions after such positions are no longer
necessary in the State or local area, including--
(A) any additional training and employment
activities as described in section 170(d)(4) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3225(d)(4));
(B) developing the appropriate combination of
services to enable the eligible individual to achieve
the employment and career goals identified under
paragraph (3)(D)(ii)(I); and
(C) services to assist eligible individuals in
maintaining employment for not less than 12 months
after the completion of employment in contact tracing
or related positions, as appropriate.
(5) Any other activities as described in subsections (a)(3)
and (b) of section 134 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174).
(g) Limitation.--Notwithstanding section 170(d)(3)(A) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3225(d)(3)(A)), a
person may be employed in a contact tracing or related position using
funds under this section for a period not greater than 2 years.
(h) Reporting by the Department of Labor.--
(1) In general.--Not later than 120 days of the enactment
of this Act, and once grant funds have been expended under this
section, the Secretary shall report to the Committee on
Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor and Pensions of the
Senate, and make publicly available a report containing a
description of--
(A) the number of eligible individuals recruited,
hired, and trained as contract tracers and related
positions;
(B) the number of individuals successfully
transitioned to unsubsidized employment or training at
the completion of employment in contact tracing or
related positions using funds under this subtitle;
(C) the number of such individuals who were
unemployed prior to being hired, trained, or deployed
as described in paragraph (1);
(D) the performance of each program supported by
funds under this subtitle with respect to the
indicators of performance under section 116 of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3141), as applicable;
(E) the number of individuals in unsubsidized
employment within six months and 1 year, respectively,
of the conclusion of employment in contact tracing or
related positions and, of those, the number of
individuals within a State, territorial, or local
public health department in an occupation related to
public health;
(F) any information on how eligible entities, local
boards, or community-based organizations that received
funding under this subsection were able to support the
goals of the national system for COVID-19 testing,
contact tracing, surveillance, containment, and
mitigation established under section 30561 of this Act;
and
(G) best practices for improving and increasing the
transition of individuals employed in contract tracing
or related positions to permanent, full-time
employment.
(2) Disaggregation.--All data reported under paragraph (1)
shall be disaggregated by race, ethnicity, sex, age, and, with
respect to individuals with barriers to employment,
subpopulation of such individuals, except for when the number
of participants in a category is insufficient to yield
statistically reliable information or when the results would
reveal personally identifiable information about an individual
participant.
(i) Special Rule.--Any funds used for programs under this section
that are used to fund an apprenticeship or apprenticeship program shall
only be used for, or provided to, an apprenticeship or apprenticeship
program that meets the definition of such term subsection (a) of this
section, including any funds awarded for the purposes of grants,
contracts, or cooperative agreements, or the development,
implementation, or administration, of an apprenticeship or an
apprenticeship program.
(j) Information Sharing Requirement for HHS.--The Secretary of
Health and Human Services, acting through the Director of the Centers
for Disease Control and Prevention, shall provide the Secretary of
Labor, acting through the Assistant Secretary of the Employment and
Training Administration, with information on grants under section
30562, including--
(1) the formula used to award such grants to State, local,
Tribal, and territorial health departments;
(2) the dollar amounts of and scope of the work funded
under such grants;
(3) the geographic areas served by eligible entities that
receive such grants; and
(4) the number of contact tracers and related positions to
be hired using such grants.
(k) Authorization of Appropriations.--Of the amounts appropriated
to carry out this subtitle, $500,000,000 shall be used by the Secretary
of Labor to carry out subsections (a) through (h) of this section.
application of the service contract act to contracts and grants
Sec. 30567.
Contracts and grants which include contact tracing as part of the
scope of work and that are awarded under this subtitle shall require
that contract tracers and related positions are paid not less than the
prevailing wage and fringe rates required under chapter 67 of title 41,
United States Code (commonly known as the ``Service Contract Act'') for
the area in which the work is performed. To the extent that a
nonstandard wage determination is required to establish a prevailing
wage for contact tracers and related positions for purposes of this
subtitle, the Secretary of Labor shall issue such determination not
later than 14 days after the date of enactment of this Act, based on a
job description used by the Centers for Disease Control and Prevention
and contractors or grantees performing contact tracing for State public
health agencies.
authorization of appropriations
Sec. 30568.
To carry out this subtitle, there are authorized to be appropriated
$75,000,000,000, to remain available until expended.
Subtitle E--Demographic Data and Supply Reporting Related to COVID-19
covid-19 reporting portal
Sec. 30571.
(a) In General.--Not later than 15 days after the date of enactment
of this Act, the Secretary shall establish and maintain an online
portal for use by eligible health care entities to track and transmit
data regarding their personal protective equipment and medical supply
inventory and capacity related to COVID-19.
(b) Eligible Health Care Entities.--In this section, the term
``eligible health care entity'' means a licensed acute care hospital,
hospital system, or long-term care facility with confirmed cases of
COVID-19.
(c) Submission.--An eligible health care entity shall report using
the portal under this section on a biweekly basis in order to assist
the Secretary in tracking usage and need of COVID-related supplies and
personnel in a regular and real-time manner.
(d) Included Information.--The Secretary shall design the portal
under this section to include information on personal protective
equipment and medical supply inventory and capacity related to COVID-
19, including with respect to the following:
(1) Personal protective equipment.--Total personal
protective equipment inventory, including, in units, the
numbers of N95 masks and authorized equivalent respirator
masks, surgical masks, exam gloves, face shields, isolation
gowns, and coveralls.
(2) Medical supply.--
(A) Total ventilator inventory, including, in
units, the number of universal, adult, pediatric, and
infant ventilators.
(B) Total diagnostic and serological test
inventory, including, in units, the number of test
platforms, tests, test kits, reagents, transport media,
swabs, and other materials or supplies determined
necessary by the Secretary.
(3) Capacity.--
(A) Case count measurements, including confirmed
positive cases and persons under investigation.
(B) Total number of staffed beds, including medical
surgical beds, intensive care beds, and critical care
beds.
(C) Available beds, including medical surgical
beds, intensive care beds, and critical care beds.
(D) Total number of COVID-19 patients currently
utilizing a ventilator.
(E) Average number of days a COVID-19 patient is
utilizing a ventilator.
(F) Total number of additionally needed
professionals in each of the following categories:
intensivists, critical care physicians, respiratory
therapists, registered nurses, certified registered
nurse anesthetists, and laboratory personnel.
(G) Total number of hospital personnel currently
not working due to self-isolation following a known or
presumed COVID-19 exposure.
(e) Access to Information Related to Inventory and Capacity.--The
Secretary shall ensure that relevant agencies and officials, including
the Centers for Disease Control and Prevention, the Assistant Secretary
for Preparedness and Response, and the Federal Emergency Management
Agency, have access to information related to inventory and capacity
submitted under this section.
(f) Weekly Report to Congress.--On a weekly basis, the Secretary
shall transmit information related to inventory and capacity submitted
under this section to the appropriate committees of the House and
Senate.
regular cdc reporting on demographic data
Sec. 30572.
Not later than 14 days after the date of enactment of this Act, the
Secretary, in coordination with the Director of the Centers for Disease
Control and Prevention, shall amend the reporting under the heading
``Department of Health and Human Services--Office of the Secretary--
Public Health and Social Service Emergency Fund'' in title I of
division B of the Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116-139; 134 Stat. 620, 626) on the
demographic characteristics, including race, ethnicity, age, sex,
gender, geographic region, and other relevant factors of individuals
tested for or diagnosed with COVID-19, to include--
(1) providing technical assistance to State, local, and
territorial health departments to improve the collection and
reporting of such demographic data;
(2) if such data is not so collected or reported, the
reason why the State, local, or territorial department of
health has not been able to collect or provide such
information; and
(3) making a copy of such report available publicly on the
website of the Centers for Disease Control and Prevention.
federal modernization for health inequities data
Sec. 30573.
(a) In General.--The Secretary shall work with covered agencies to
support the modernization of data collection methods and infrastructure
at such agencies for the purpose of increasing data collection related
to health inequities, such as racial, ethnic, socioeconomic, sex,
gender, and disability disparities.
(b) Covered Agency Defined.--In this section, the term ``covered
agency'' means each of the following Federal agencies:
(1) The Agency for Healthcare Research and Quality.
(2) The Centers for Disease Control and Prevention.
(3) The Centers for Medicare & Medicaid Services.
(4) The Food and Drug Administration.
(5) The Office of the National Coordinator for Health
Information Technology.
(6) The National Institutes of Health.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to each covered agency to carry out this section
$4,000,000, to remain available until expended.
modernization of state and local health inequities data
Sec. 30574.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall award grants to
State, local, and territorial health departments in order to support
the modernization of data collection methods and infrastructure for the
purposes of increasing data related to health inequities, such as
racial, ethnic, socioeconomic, sex, gender, and disability disparities.
The Secretary shall--
(1) provide guidance, technical assistance, and information
to grantees under this section on best practices regarding
culturally competent, accurate, and increased data collection
and transmission; and
(2) track performance of grantees under this section to
help improve their health inequities data collection by
identifying gaps and taking effective steps to support States,
localities, and territories in addressing the gaps.
(b) Report.--Not later than 1 year after the date on which the
first grant is awarded under this section, the Secretary shall submit
to the Committee on Energy and Commerce of the House of Representatives
and the Committee on Health, Education, Labor and Pensions of the
Senate an initial report detailing--
(1) nationwide best practices for ensuring States and
localities collect and transmit health inequities data;
(2) nationwide trends which hinder the collection and
transmission of health inequities data;
(3) Federal best practices for working with States and
localities to ensure culturally competent, accurate, and
increased data collection and transmission; and
(4) any recommended changes to legislative or regulatory
authority to help improve and increase health inequities data
collection.
(c) Final Report.--Not later than December 31, 2023, the Secretary
shall--
(1) update and finalize the initial report under subsection
(b); and
(2) submit such final report to the committees specified in
such subsection.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000, to remain
available until expended.
tribal funding to research health inequities including covid-19
Sec. 30575.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Director of the Indian Health Service, in
coordination with Tribal Epidemiology Centers and other Federal
agencies, as appropriate, shall conduct or support research and field
studies for the purposes of improved understanding of Tribal health
inequities among American Indians and Alaska Natives, including with
respect to--
(1) disparities related to COVID-19;
(2) public health surveillance and infrastructure regarding
unmet needs in Indian country and Urban Indian communities;
(3) population-based health disparities;
(4) barriers to health care services;
(5) the impact of socioeconomic status; and
(6) factors contributing to Tribal health inequities.
(b) Consultation, Confer, and Coordination.--In carrying out this
section, the Director of the Indian Health Service shall--
(1) consult with Indian Tribes and Tribal organizations;
(2) confer with Urban Indian organizations; and
(3) coordinate with the Director of the Centers for Disease
Control and Prevention and the Director of the National
Institutes of Health.
(c) Process.--Not later than 60 days after the date of enactment of
this Act, the Director of the Indian Health Service shall establish a
nationally representative panel to establish processes and procedures
for the research and field studies conducted or supported under
subsection (a). The Director shall ensure that, at a minimum, the panel
consists of the following individuals:
(1) Elected Tribal leaders or their designees.
(2) Tribal public health practitioners and experts from the
national and regional levels.
(d) Duties.--The panel established under subsection (c) shall, at a
minimum--
(1) advise the Director of the Indian Health Service on the
processes and procedures regarding the design, implementation,
and evaluation of, and reporting on, research and field studies
conducted or supported under this section;
(2) develop and share resources on Tribal public health
data surveillance and reporting, including best practices; and
(3) carry out such other activities as may be appropriate
to establish processes and procedures for the research and
field studies conducted or supported under subsection (a).
(e) Report.--Not later than 1 year after expending all funds made
available to carry out this section, the Director of the Indian Health
Service, in coordination with the panel established under subsection
(c), shall submit an initial report on the results of the research and
field studies under this section to--
(1) the Committee on Energy and Commerce and the Committee
on Natural Resources of the House of Representatives; and
(2) the Committee on Indian Affairs and the Committee on
Health, Education, Labor and Pensions of the Senate.
(f) Tribal Data Sovereignty.--The Director of the Indian Health
Service shall ensure that all research and field studies conducted or
supported under this section are tribally-directed and carried out in a
manner which ensures Tribal-direction of all data collected under this
section--
(1) according to Tribal best practices regarding research
design and implementation, including by ensuring the consent of
the Tribes involved to public reporting of Tribal data;
(2) according to all relevant and applicable Tribal,
professional, institutional, and Federal standards for
conducting research and governing research ethics;
(3) with the prior and informed consent of any Indian Tribe
participating in the research or sharing data for use under
this section; and
(4) in a manner that respects the inherent sovereignty of
Indian Tribes, including Tribal governance of data and
research.
(g) Final Report.--Not later than December 31, 2023, the Director
of the Indian Health Service shall--
(1) update and finalize the initial report under subsection
(e); and
(2) submit such final report to the committees specified in
such subsection.
(h) Definitions.--In this section:
(1) The terms ``Indian Tribe'' and ``Tribal organization''
have the meanings given to such terms in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(2) The term ``Urban Indian organization'' has the meaning
given to such term in section 4 of the Indian Health Care
Improvement Act (25 U.S.C. 1603).
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000, to remain available
until expended.
cdc field studies pertaining to specific health inequities
Sec. 30576.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary, acting through the Centers for Disease
Control and Prevention, in collaboration with State, local, and
territorial health departments, shall complete (by the reporting
deadline in subsection (b)) field studies to better understand health
inequities that are not currently tracked by the Secretary. Such
studies shall include an analysis of--
(1) the impact of socioeconomic status on health care
access and disease outcomes, including COVID-19 outcomes;
(2) the impact of disability status on health care access
and disease outcomes, including COVID-19 outcomes;
(3) the impact of language preference on health care access
and disease outcomes, including COVID-19 outcomes;
(4) factors contributing to disparities in health outcomes
for the COVID-19 pandemic; and
(5) other topics related to disparities in health outcomes
for the COVID-19 pandemic, as determined by the Secretary.
(b) Report.--Not later than December 31, 2021, the Secretary shall
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor and
Pensions of the Senate an initial report on the results of the field
studies under this section.
(c) Final Report.--Not later than December 31, 2023, the Secretary
shall--
(1) update and finalize the initial report under subsection
(b); and
(2) submit such final report to the committees specified in
such subsection.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000, to remain available
until expended.
additional reporting to congress on the race and ethnicity rates of
covid-19 testing, hospitalizations, and mortalities
Sec. 30577.
(a) In General.--Not later than August 1, 2020, the Secretary shall
submit to the Committee on Appropriations and the Committee on Energy
and Commerce of the House of Representatives and the Committee on
Appropriations and the Committee on Health, Education, Labor and
Pensions of the Senate an initial report--
(1) describing the testing, positive diagnoses,
hospitalization, intensive care admissions, and mortality rates
associated with COVID-19, disaggregated by race, ethnicity,
age, sex, gender, geographic region, and other relevant factors
as determined by the Secretary;
(2) including an analysis of any variances of testing,
positive diagnoses, hospitalizations, and deaths by demographic
characteristics; and
(3) including proposals for evidenced-based response
strategies to reduce disparities related to COVID-19.
(b) Final Report.--Not later than December 31, 2024, the Secretary
shall--
(1) update and finalize the initial report under subsection
(a); and
(2) submit such final report to the committees specified in
such subsection.
(c) Coordination.--In preparing the report submitted under this
section, the Secretary shall take into account and otherwise coordinate
such report with reporting required under section 30572 and under the
heading ``Department of Health and Human Services--Office of the
Secretary--Public Health and Social Service Emergency Fund'' in title I
of division B of the Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116-139; 134 Stat. 620, 626).
Subtitle F--Miscellaneous
technical corrections to amendments made by cares act
Sec. 30581.
(a) The amendments made by this section shall take effect as if
included in the enactment of the CARES Act (Public Law 116-136).
(b) Section 3112 of division A of the CARES Act (Public Law 116-
136) is amended--
(1) in subsection (a)(2)(A), by striking the comma before
``or a permanent'';
(2) in subsection (d)(1), by striking ``and subparagraphs
(A) and (B)'' and inserting ``as subparagraphs (A) and (B)'';
and
(3) in subsection (e), by striking ``Drug, Cosmetic Act''
and inserting ``Drug, and Cosmetic Act''.
(c) Section 6001(a)(1)(D) of division F of the Families First
Coronavirus Response Act (Public Law 116-127), as amended by section
3201 of division A of the CARES Act (Public Law 116-136), is amended by
striking ``other test that''.
(d) Subsection (k)(9) of section 543 of the Public Health Service
Act (42 U.S.C. 290dd-2), as added by section 3221(d) of division A of
the CARES Act (Public Law 116-136), is amended by striking
``unprotected health information'' and inserting ``unsecured protected
health information''.
(e) Section 3401(2)(D) of division A of the CARES Act (Public Law
116-136), is amended by striking ``Not Later than'' and inserting ``Not
later than''.
(f) Section 831(f) of the Public Health Service Act, as
redesignated by section 3404(a)(6)(E) and amended by section
3404(a)(6)(G) of division A of the CARES Act (Public Law 116-136), is
amended by striking ``a health care facility, or a partnership of such
a school and facility''.
(g) Section 846(i) of the Public Health Service Act, as amended by
section 3404(i)(8)(C) of division A of the CARES Act (Public Law 116-
136), is amended by striking ``871(b),,'' and inserting ``871(b),''.
(h) Section 3606(a)(1)(A) of division A of the CARES Act (Public
Law 116-136) is amended by striking ``In general'' and inserting ``In
general''.
(i) Section 3856(b)(1) of division A of the CARES Act (Public Law
116-136) is amended to read as follows:
``(1) In general.--Section 905(b)(4) of the FDA
Reauthorization Act of 2017 (Public Law 115-52) is amended by
striking `Section 744H(e)(2)(B) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379j-52(e)(2)(B))' and inserting
`Section 744H(f)(2)(B) of the Federal Food, Drug, and Cosmetic
Act, as redesignated by section 403(c)(1) of this Act,'.''.
TITLE VI--PUBLIC HEALTH ASSISTANCE
Subtitle A--Assistance to Providers and Health System
health care provider relief fund
Sec. 30611.
(a) In General.--Not later than 7 days after the date of enactment
of this Act, the Secretary, acting through the Administrator of the
Health Resources and Services Administration, shall establish a program
under which the Secretary shall reimburse, through grants or other
mechanisms, eligible health care providers for eligible expenses or
lost revenues occurring during calendar quarters beginning on or after
January 1, 2020, to prevent, prepare for, and respond to COVID-19, in
an amount calculated under subsection (c).
(b) Quarterly Basis.--
(1) Submission of applications.--The Secretary shall give
applicants a period of 7 calendar days after the close of a
quarter to submit applications under this section with respect
to such quarter, except that the Secretary shall give
applicants a period of 7 calendar days after the date of
enactment of this Act to submit applications with respect to
the quarter beginning on January 1, 2020, if the applicant has
not previously submitted an application with the respect to
such quarter.
(2) Review and payment.--The Secretary shall--
(A) review applications and make awards of
reimbursement under this section on a quarterly basis;
and
(B) award the reimbursements under this section for
a quarter not later than 14 calendar days after the
close of the quarter, except that the Secretary shall
award the reimbursements under this section for the
quarter beginning on January 1, 2020, not later than 14
calendar days after the date of enactment of this Act.
(c) Calculation.--
(1) In general.--The amount of the reimbursement to an
eligible health provider under this section with respect to a
calendar quarter shall equal--
(A) the sum of--
(i) 100 percent of the eligible expenses,
as described in subsection (d), of the provider
during the quarter; and
(ii) subject to paragraph (3), 60 percent
of the lost revenues, as described in
subsection (e), of the provider during the
quarter; less
(B) any funds that are--
(i) received by the provider during the
quarter pursuant to the Coronavirus
Preparedness and Response Supplemental
Appropriations Act, 2020 (Public Law 116-123),
the Families First Coronavirus Response Act
(Public Law 116-127), the CARES Act (Public Law
116-136), or the Paycheck Protection Program
and Health Care Enhancement Act (Public Law
116-139); and
(ii) not required to be repaid.
(2) Carryover.--If the amount determined under paragraph
(1)(B) for a calendar quarter with respect to an eligible
health care provider exceeds the amount determined under
subparagraph (A) with respect to such provider and quarter, the
amount of such difference shall be applied in making the
calculation under this subsection, over each subsequent
calendar quarter for which the eligible health care provider
seeks reimbursement under this section.
(3) Lost revenue limitation.--If the amount determined
under subsection (e) with respect to the lost revenue of an
eligible health care provider for a calendar quarter does not
exceed an amount that equals 10 percent of the net patient
revenue (as defined in such subsection) of the provider for the
corresponding quarter in 2019, the addend under paragraph
(1)(A)(ii), in making the calculation under paragraph (1), is
deemed to be zero.
(d) Eligible Expenses.--Subject to subsection (h)(1), expenses
eligible for reimbursement under this section include expenses for--
(1) building or construction of temporary structures;
(2) leasing of properties;
(3) medical supplies and equipment including personal
protective equipment;
(4) in vitro diagnostic tests, serological tests, or
testing supplies;
(5) increased workforce and trainings;
(6) emergency operation centers;
(7) construction or retrofitting of facilities;
(8) mobile testing units;
(9) surge capacity;
(10) retention of workforce; and
(11) such other items and services as the Secretary
determines to be appropriate, in consultation with relevant
stakeholders.
(e) Lost Revenues.--
(1) In general.--Subject to subsection (h)(1), for purposes
of subsection (c)(1)(A)(ii), the lost revenues of an eligible
health care provider, with respect to the calendar quarter
involved, shall be equal to--
(A) net patient revenue of the provider for the
corresponding quarter in 2019 minus net patient revenue
of the provider for such quarter; less
(B) the savings of the provider during the calendar
quarter involved attributable to foregone wages,
payroll taxes, and benefits of personnel who were
furloughed or laid off by the provider during that
quarter.
(2) Net patient revenue defined.--For purposes of paragraph
(1)(A), the term ``net patient revenue'', with respect to an
eligible health care provider and a calendar quarter, means the
sum of--
(A) 200 percent of the total amount of
reimbursement received by the provider during the
quarter for all items and services furnished under a
State plan or a waiver of a State plan under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.);
(B) 125 percent of the total amount of
reimbursement received by the provider during the
quarter for all items and services furnished under
title XVIII of the Social Security Act (42 U.S.C. 1395
et seq.); and
(C) 100 percent of the total amount of
reimbursement not described in subparagraph (A) or (B)
received by the provider during the quarter for all
items and services.
(f) Insufficient Funds for a Quarter.--If there are insufficient
funds made available to reimburse all eligible health care providers
for all eligible expenses and lost revenues for a quarter in accordance
with this section, the Secretary shall--
(1) prioritize reimbursement of eligible expenses; and
(2) using the entirety of the remaining funds, uniformly
reduce the percentage of lost revenues otherwise applicable
under subsection (c)(1)(A)(ii) to the extent necessary to
reimburse a portion of the lost revenues of all eligible health
care providers applying for reimbursement.
(g) Application.--A health care provider seeking reimbursement
under this section for a calendar quarter shall submit to the Secretary
an application that--
(1) provides documentation demonstrating that the health
care provider is an eligible health care provider;
(2) includes a valid tax identification number of the
health care provider;
(3) attests to the eligible expenses and lost revenues of
the health care provider, as described in subsection (d),
occurring during the calendar quarter;
(4) includes an itemized listing of each such eligible
expense, including expenses incurred in providing uncompensated
care;
(5) for purposes of subsection (c)(3), attests to whether
the amount determined under subsection (e) with respect to the
lost revenue of an eligible health care provider for a calendar
quarter exceeds an amount that equals 10 percent of the net
patient revenue (as defined in such subsection) of the provider
for the corresponding quarter in 2019;
(6) includes projections of the eligible expenses and lost
revenues of the health care provider, as described in
subsection (c), for the calendar quarter that immediately
follows the calendar for which reimbursement is sought; and
(7) indicates the dollar amounts described in each of
subparagraphs (A) and (B) of subsection (e)(1) and
subparagraphs (A), (B), and (C) of subsection (e)(2) for the
calendar quarter.
(h) Limitations.--
(1) No duplicative reimbursement.--The Secretary may not
provide, and a health care provider may not accept,
reimbursement under this section for expenses or losses with
respect to which--
(A) the eligible health care provider is reimbursed
from other sources; or
(B) other sources are obligated to reimburse the
provider.
(2) No executive compensation.--Reimbursement for eligible
expenses (as described in subsection (e)) and lost revenues (as
described in subsection (f)) shall not include compensation or
benefits, including salary, bonuses, awards of stock, or other
financial benefits, for an officer or employee described in
section 4004(a)(2) of the CARES Act (Public Law 116-136).
(i) No Balance Billing as Condition of Receipt of Funds.--
(1) Protecting individuals enrolled in health plans.--As a
condition of receipt of reimbursement under this section, a
health care provider, in the case such provider furnishes
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))
(whether before, on, or after, the date on which the provider
submits an application under this section) a medically
necessary item or service described in subparagraph (A), (B),
or (C) of paragraph (3) to an individual who is described in
such subparagraph (A), (B), or (C), respectively, and enrolled
in a group health plan or group or individual health insurance
coverage offered by a health insurance issuer (including
grandfathered health plans as defined in section 1251(e) of the
Patient Protection and Affordable Care Act (42 U.S.C. 18011(e))
and such provider is a nonparticipating provider with respect
to such plan or coverage and such plan or coverage and such
items and services would otherwise be covered under such plan
if furnished by a participating provider--
(A) may not bill or otherwise hold liable such
individual for a payment amount for such item or
service that is more than the cost-sharing amount that
would apply under such plan or coverage for such item
or service if such provider furnishing such service
were a participating provider with respect to such plan
or coverage;
(B) shall reimburse such individual in a timely
manner for any amount for such item or service paid by
the individual to such provider in excess of such cost-
sharing amount;
(C) shall submit any claim for such item or service
directly to the plan or coverage; and
(D) shall not bill the individual for such cost-
sharing amount until such individual is informed by the
plan or coverage of the required payment amount.
(2) Protecting uninsured individuals.--As a condition of
receipt of reimbursement under this section, a health care
provider, in the case such reimbursement is with respect to
expenses incurred in providing uncompensated care (as described
in subsection (g)(4)) with respect to a medically necessary
item or service described in subparagraph (A), (B), or (C) of
paragraph (3) furnished during such emergency period (whether
before, on, or after, the date on which the provider submits an
application under this section) by the provider to an
individual who is described in such subparagraph (A), (B), or
(C), respectively--
(A) shall consider such reimbursement as payment in
full with respect to such item or service so furnished
to such individual;
(B) may not bill or otherwise hold liable such
individual for any payment for such item or service so
furnished to such individual; and
(C) shall reimburse such individual in a timely
manner for any amount for such item or service paid by
the individual to such provider.
(3) Medically necessary items and services described.--For
purposes of this subsection, medically necessary items and
services described in this paragraph are--
(A) 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;
(B) 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, in accordance with
paragraph (4), to have COVID-19 but is never diagnosed
as such; and
(C) a diagnostic test (and administration of such
test) as described in section 6001(a) of division F of
the Families First Coronavirus Response Act (42 U.S.C.
1320b-5 note) administered to an individual.
(4) Presumptive case of covid-19.--For purposes of
paragraph (3)(B), an individual shall be presumed to have
COVID-19 if the medical record documentation of the individual
supports a diagnosis of COVID-19, even if the individual does
not have a positive in vitro diagnostic test result in the
medical record of the individual.
(5) Penalty.--In the case of an eligible health care
provider that is paid a reimbursement under this section and
that is in violation of paragraph (1) or (2), in addition to
any other penalties that may be prescribed by law, the
Secretary may recoup from such provider up to the full amount
of reimbursement the provider receives under this section.
(6) Definitions.--In this subsection:
(A) Nonparticipating provider.--The term
``nonparticipating provider'' means, with respect to an
item or service and group health plan or group or
individual health insurance coverage offered by a
health insurance issuer, a health care provider that
does not have a contractual relationship directly or
indirectly with the plan or issuer, respectively, for
furnishing such an item or service under the plan or
coverage.
(B) Participating provider.--The term
``participating provider'' means, with respect to an
item or service and group health plan or group or
individual health insurance coverage offered by a
health insurance issuer, a health care provider that
has a contractual relationship directly or indirectly
with the plan or issuer, respectively, for furnishing
such an item or service under the plan or coverage.
(C) Group health plan, health insurance coverage.--
The terms ``group health plan'', ``health insurance
issuer'', ``group health insurance coverage'', and
``individual health insurance coverage'' shall have the
meanings given such terms under section 2791 of the
Public Health Service Act (42 U.S.C. 300gg-91).
(j) Reports.--
(1) Award information.--In making awards under this
section, the Secretary shall post in a searchable, electronic
format, a list of all recipients and awards pursuant to funding
authorized under this section.
(2) Reports by recipients.--Each recipient of an award
under this section shall, as a condition on receipt of such
award, submit reports and maintain documentation, in such form,
at such time, and containing such information, as the Secretary
determines is needed to ensure compliance with this section.
(3) Public listing of awards.--The Secretary shall--
(A) not later than 7 days after the date of
enactment of this Act, post in a searchable, electronic
format, a list of all awards made by the Secretary
under this section, including the recipients and
amounts of such awards; and
(B) update such list not less than every 7 days
until all funds made available to carry out this
section are expended.
(4) Inspector general report.--
(A) In general.--Not later than 3 years after final
payments are made under this section, the Inspector
General of the Department of Health and Human Services
shall transmit a final report on audit findings with
respect to the program under this section to the
Committee on Energy and Commerce and the Committee on
Appropriations of the House of Representatives and the
Committee on Health, Education, Labor and Pensions and
the Committee on Appropriations of the Senate.
(B) Rule of construction.--Nothing in this
paragraph shall be construed as limiting the authority
of the Inspector General of the Department of Health
and Human Services or the Comptroller General of the
United States to conduct audits of interim payments
earlier than the deadline described in subparagraph
(A).
(k) Eligible Health Care Provider Defined.--In this section:
(1) In general.--The term ``eligible health care provider''
means a health care provider described in paragraph (2) that
provides diagnostic or testing services or treatment to
individuals with a confirmed or presumptive diagnosis of COVID-
19.
(2) Health care providers described.--A health care
provider described in this paragraph is any of the following:
(A) A health care provider enrolled as a
participating provider under a State plan approved
under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.) (or a waiver of such a plan).
(B) A provider of services (as defined in
subsection (u) of section 1861 of the Social Security
Act (42 U.S.C. 1395x)) or a supplier (as defined in
subsection (d) of such section) that is enrolled as a
participating provider of services or participating
supplier under the Medicare program under title XVIII
of such Act (42 U.S.C. 1395 et seq.).
(C) A public entity.
(D) Any other entity not described in this
paragraph as the Secretary may specify.
(l) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated for an additional amount to carry out this
section $100,000,000,000, to remain available until expended.
(2) Health care provider relief fund.--
(A) Use of appropriated funds.--
(i) In general.--In addition to amounts
authorized to be appropriated pursuant to
paragraph (1), the unobligated balance of all
amounts appropriated to the Health Care
Provider Relief Fund shall be made available
only to carry out this section.
(ii) Amounts.--For purposes of clause (i),
the following amounts are deemed to be
appropriated to the Health Care Provider Relief
Fund:
(I) The unobligated balance of the
appropriation of $100,000,000,000 in
the third paragraph under the heading
``Department of Health and Human
Services--Office of the Secretary--
Public Health and Social Services
Emergency Fund'' in division B of the
CARES Act (Public Law 116-136).
(II) The unobligated balance of the
appropriation under the heading
``Department of Health and Human
Services--Office of the Secretary--
Public Health and Social Services
Emergency Fund'' in division B of the
Paycheck Protection Program and Health
Care Enhancement Act (Public Law 116-
139).
(B) Limitation.--Of the unobligated balances
described in subparagraph (A)(ii), the Secretary may
not make available more than $10,000,000,000 to
reimburse eligible health care providers for expenses
incurred in providing uncompensated care.
(C) Future amounts.--Any appropriation enacted
subsequent to the date of enactment of this Act that is
made available for reimbursing eligible health care
providers as described in subsection (a) shall be made
available only to carry out this section.
public health workforce loan repayment program
Sec. 30612.
Part D of title III of the Public Health Service Act (42 U.S.C.
254b et seq.) is amended by adding at the end the following new
subpart:
``Subpart XIII--Public Health Workforce
``SEC. 340J. LOAN REPAYMENT PROGRAM.
``(a) Establishment.--The Secretary of Health and Human Services
shall establish a program to be known as the Public Health Workforce
Loan Repayment Program (referred to in this section as the `Program')
to assure an adequate supply of and encourage recruitment of public
health professionals to eliminate critical public health workforce
shortages in local, State, territorial, and Tribal public health
agencies.
``(b) Eligibility.--To be eligible to participate in the Program,
an individual shall--
``(1)(A) be accepted for enrollment, or be enrolled, as a
student in an accredited academic educational institution in a
State or territory in the final semester or equivalent of a
course of study or program leading to a public health degree, a
health professions degree or certificate, or a degree in
computer science, information science, information systems,
information technology, or statistics and have accepted
employment with a local, State, territorial, or Tribal public
health agency, or a related training fellowship, as recognized
by the Secretary, to commence upon graduation; or
``(B)(i) have graduated, during the preceding 10-year
period, from an accredited educational institution in a State
or territory and received a public health degree, a health
professions degree or certificate, or a degree in computer
science, information science, information systems, information
technology, or statistics; and
``(ii) be employed by, or have accepted employment with, a
local, State, territorial, or Tribal public health agency or a
related training fellowship, as recognized by the Secretary;
``(2) be a United States citizen;
``(3)(A) submit an application to the Secretary to
participate in the Program; and
``(B) execute a written contract as required in subsection
(c); and
``(4) not have received, for the same service, a reduction
of loan obligations under section 428K or 428L of the Higher
Education Act of 1965 (20 U.S.C. 1078-11, 1078-12).
``(c) Contract.--The written contract referred to in subsection
(b)(3)(B) between the Secretary and an individual shall contain--
``(1) an agreement on the part of the Secretary that the
Secretary will repay, on behalf of the individual, loans
incurred by the individual in the pursuit of the relevant
degree or certificate in accordance with the terms of the
contract;
``(2) an agreement on the part of the individual that the
individual will serve in the full-time employment of a local,
State, or Tribal public health agency or a related fellowship
program in a position related to the course of study or program
for which the contract was awarded for a period of time equal
to the greater of--
``(A) 2 years; or
``(B) such longer period of time as determined
appropriate by the Secretary and the individual;
``(3) an agreement, as appropriate, on the part of the
individual to relocate to a priority service area (as
determined by the Secretary) in exchange for an additional loan
repayment incentive amount to be determined by the Secretary;
``(4) a provision that any financial obligation of the
United States arising out of a contract entered into under this
section and any obligation of the individual that is
conditioned thereon, is contingent on funds being appropriated
for loan repayments under this section;
``(5) a statement of the damages to which the United States
is entitled, under this section for the individual's breach of
the contract; and
``(6) such other statements of the rights and liabilities
of the Secretary and of the individual as the Secretary
determines appropriate, not inconsistent with this section.
``(d) Payments.--
``(1) In general.--A loan repayment provided for an
individual under a written contract referred to in subsection
(b)(3)(B) shall consist of payment, in accordance with
paragraph (2), for the individual toward the outstanding
principal and interest on education loans incurred by the
individual in the pursuit of the relevant degree in accordance
with the terms of the contract.
``(2) Equitable distribution.--In awarding contracts under
this section, the Secretary shall ensure--
``(A) a certain percentage of contracts are awarded
to individuals who are not already working in public
health departments;
``(B) an equitable distribution of funds
geographically; and
``(C) an equitable distribution among State, local,
territorial, and Tribal public health departments.
``(3) Payments for years served.--For each year of service
that an individual contracts to serve pursuant to subsection
(c)(2), the Secretary may pay not more than $35,000 on behalf
of the individual for loans described in paragraph (1). With
respect to participants under the Program whose total eligible
loans are less than $105,000, the Secretary shall pay an amount
that does not exceed \1/3\ of the eligible loan balance for
each year of such service of such individual.
``(4) Tax liability.--For purposes of the Internal Revenue
Code of 1986, a payment made under this section shall be
treated in the same manner as an amount received under section
338B(g) of this Act, as described in section 108(f)(4) of such
Code.
``(e) Postponing Obligated Service.--With respect to an individual
receiving a degree or certificate from a health professions or other
related school, the date of the initiation of the period of obligated
service may be postponed as approved by the Secretary.
``(f) Breach of Contract.--An individual who fails to comply with
the contract entered into under subsection (c) shall be subject to the
same financial penalties as provided for under section 338E of the
Public Health Service Act (42 U.S.C. 254o) for breaches of loan
repayment contracts under section 338B of such Act (42 U.S.C. section
254l-1).
``(g) Definition.--For purposes of this section, the term `full-
time' means full-time as such term is used in section 455(m)(3) of the
Higher Education Act of 1965.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
``(1) $100,000,000 for fiscal year 2020; and
``(2) $75,000,000 for fiscal year 2021.''.
expanding capacity for health outcomes
Sec. 30613.
(a) In General.--The Secretary, acting through the Administrator of
the Health Resources and Services Administration, shall award grants to
eligible entities to develop and expand the use of technology-enabled
collaborative learning and capacity building models to respond to
ongoing and real-time learning, health care information sharing, and
capacity building needs related to COVID-19.
(b) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall have experience providing technology-
enabled collaborative learning and capacity building health care
services--
(1) in rural areas, frontier areas, health professional
shortage areas, or medically underserved area; or
(2) to medically underserved populations or Indian Tribes.
(c) Use of Funds.--An eligible entity receiving a grant under this
section shall use funds received through the grant--
(1) to advance quality of care in response to COVID-19,
with particular emphasis on rural and underserved areas and
populations;
(2) to protect medical personnel and first responders
through sharing real-time learning through virtual communities
of practice;
(3) to improve patient outcomes for conditions affected or
exacerbated by COVID-19, including improvement of care for
patients with complex chronic conditions; and
(4) to support rapid uptake by health care professionals of
emerging best practices and treatment protocols around COVID-
19.
(d) Optional Additional Uses of Funds.--An eligible entity
receiving a grant under this section may use funds received through the
grant for--
(1) equipment to support the use and expansion of
technology-enabled collaborative learning and capacity building
models, including hardware and software that enables distance
learning, health care provider support, and the secure exchange
of electronic health information;
(2) the participation of multidisciplinary expert team
members to facilitate and lead technology-enabled collaborative
learning sessions, and professionals and staff assisting in the
development and execution of technology-enabled collaborative
learning;
(3) the development of instructional programming and the
training of health care providers and other professionals that
provide or assist in the provision of services through
technology-enabled collaborative learning and capacity building
models; and
(4) other activities consistent with achieving the
objectives of the grants awarded under this section.
(e) Technology-enabled Collaborative Learning and Capacity Building
Model Defined.--In this section, the term ``technology-enabled
collaborative learning and capacity building model'' has the meaning
given that term in section 2(7) of the Expanding Capacity for Health
Outcomes Act (Public Law 114-270; 130 Stat. 1395).
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000, to remain available
until expended.
additional funding for medical reserve corps
Sec. 30614.
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''.
grants for schools of medicine in diverse and underserved areas
Sec. 30615.
Subpart II of part C of title VII of the Public Health Service Act
is amended by inserting after section 749B of such Act (42 U.S.C. 293m)
the following:
``SEC. 749C. SCHOOLS OF MEDICINE IN UNDERSERVED AREAS.
``(a) Grants.--The Secretary, acting through the Administrator of
the Health Resources and Services Administration, may award grants to
institutions of higher education (including multiple institutions of
higher education applying jointly) for the establishment, improvement,
and expansion of an allopathic or osteopathic school of medicine, or a
branch campus of an allopathic or osteopathic school of medicine.
``(b) Priority.--In selecting grant recipients under this section,
the Secretary shall give priority to institutions of higher education
that--
``(1) propose to use the grant for an allopathic or
osteopathic school of medicine, or a branch campus of an
allopathic or osteopathic school of medicine, in a combined
statistical area with fewer than 200 actively practicing
physicians per 100,000 residents according to the medical board
(or boards) of the State (or States) involved;
``(2) have a curriculum that emphasizes care for diverse
and underserved populations; or
``(3) are minority-serving institutions described in the
list in section 371(a) of the Higher Education Act of 1965.
``(c) Use of Funds.--The activities for which a grant under this
section may be used include--
``(1) planning and constructing--
``(A) a new allopathic or osteopathic school of
medicine in an area in which no other school is based;
or
``(B) a branch campus of an allopathic or
osteopathic school of medicine in an area in which no
such school is based;
``(2) accreditation and planning activities for an
allopathic or osteopathic school of medicine or branch campus;
``(3) hiring faculty and other staff to serve at an
allopathic or osteopathic school of medicine or branch campus;
``(4) recruitment and enrollment of students at an
allopathic or osteopathic school of medicine or branch campus;
``(5) supporting educational programs at an allopathic or
osteopathic school of medicine or branch campus;
``(6) modernizing infrastructure or curriculum at an
existing allopathic or osteopathic school of medicine or branch
campus thereof;
``(7) expanding infrastructure or curriculum at existing an
allopathic or osteopathic school of medicine or branch campus;
and
``(8) other activities that the Secretary determines
further the development, improvement, and expansion of an
allopathic or osteopathic school of medicine or branch campus
thereof.
``(d) Definitions.--In this section:
``(1) The term `branch campus' means a geographically
separate site at least 100 miles from the main campus of a
school of medicine where at least one student completes at
least 60 percent of the student's training leading to a degree
of doctor of medicine.
``(2) The term `institution of higher education' has the
meaning given to such term in section 101(a) of the Higher
Education Act of 1965.
``(e) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $1,000,000,000, to remain
available until expended.''.
gao study on public health workforce
Sec. 30616.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the public health workforce in the United States
during the COVID-19 pandemic.
(b) Topics.--The study under subsection (a) shall address--
(1) existing gaps in the Federal, State, local, Tribal, and
territorial public health workforce, including--
(A) epidemiological and disease intervention
specialists needed during the pandemic for contact
tracing, laboratory technicians necessary for testing,
community health workers for community supports and
services, and other staff necessary for contact
tracing, testing, or surveillance activities; and
(B) other personnel needed during the COVID-19
pandemic;
(2) challenges associated with the hiring, recruitment, and
retention of the Federal, State, local, Tribal, and territorial
public health workforce; and
(3) recommended steps the Federal Government should take to
improve hiring, recruitment, and retention of the public health
workforce.
(c) Report.--Not later than December 1, 2021, the Comptroller
General shall submit to the Congress a report on the findings of the
study conducted under this section.
longitudinal study on the impact of covid-19 on recovered patients
Sec. 30617.
Part A of title IV of the Public Health Service Act (42 U.S.C. 281
et seq.) is amended by adding at the end the following:
``SEC. 404O. LONGITUDINAL STUDY ON THE IMPACT OF COVID-19 ON RECOVERED
PATIENTS.
``(a) In General.--The Director of NIH, in consultation with the
Director of the Centers for Disease Control and Prevention, shall
conduct a longitudinal study, over not less than 10 years, on the full
impact of SARS-CoV-2 or COVID-19 on infected individuals, including
both short-term and long-term health impacts.
``(b) Timing.--The Director of NIH shall begin enrolling patients
in the study under this section not later than 6 months after the date
of enactment of this section.
``(c) Requirements.--The study under this section shall--
``(1) be nationwide;
``(2) include diversity of enrollees to account for gender,
age, race, ethnicity, geography, comorbidities, and
underrepresented populations, including pregnant and lactating
women;
``(3) study individuals with COVID-19 who experienced mild
symptoms, such individuals who experienced moderate symptoms,
and such individuals who experienced severe symptoms;
``(4) monitor the health outcomes and symptoms of
individuals with COVID-19, or who had prenatal exposure to
SARS-CoV-2 or COVID-19, including lung capacity and function,
and immune response, taking into account any pharmaceutical
interventions such individuals may have received;
``(5) monitor the mental health outcomes of individuals
with COVID-19, taking into account any interventions that
affected mental health; and
``(6) monitor individuals enrolled in the study not less
frequently than twice per year after the first year of the
individual's infection with SARS-CoV-2.
``(d) Public-private Research Network.--For purposes of carrying
out the study under this section, the Director of NIH may develop a
network of public-private research partners, provided that all
research, including the research carried out through any such partner,
is available publicly.
``(e) Summaries of Findings.--The Director of NIH shall make public
a summary of findings under this section not less frequently than once
every 3 months for the first 2 years of the study, and not less
frequently than every 6 months thereafter. Such summaries may include
information about how the findings of the study under this section
compare with findings from research conducted abroad.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $200,000,000, to remain
available until expended.''.
research on the mental health impact of covid-19
Sec. 30618.
(a) In General.--The Secretary, acting through the Director of the
National Institute of Mental Health, shall conduct or support research
on the mental health consequences of SARS-CoV-2 or COVID-19.
(b) Use of Funds.--Research under subsection (a) may include the
following:
(1) Research on the mental health impact of SARS-CoV-2 or
COVID-19 on health care providers, including--
(A) traumatic stress;
(B) psychological distress; and
(C) psychiatric disorders.
(2) Research on the impact of SARS-CoV-2 or COVID-19
stressors on mental health over time.
(3) Research to strengthen the mental health response to
SARS-CoV-2 or COVID-19, including adapting to and maintaining
or providing additional services for new or increasing mental
health needs.
(4) Research on the reach, efficiency, effectiveness, and
quality of digital mental health interventions.
(5) Research on effectiveness of strategies for
implementation and delivery of evidence-based mental health
interventions and services for underserved populations.
(6) Research on suicide prevention.
(c) Research Coordination.--The Secretary shall coordinate
activities under this section with similar activities conducted by
national research institutes and centers of the National Institutes of
Health to the extent that such institutes and centers have
responsibilities that are related to the mental health consequences of
SARS-CoV-2 or COVID-19.
(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $200,000,000, to remain
available until expended.
emergency mental health and substance use training and technical
assistance center
Sec. 30619.
Subpart 3 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb-31 et seq.) is amended by inserting after section 520A (42
U.S.C. 290bb-32) the following:
``SEC. 520B. EMERGENCY MENTAL HEALTH AND SUBSTANCE USE TRAINING AND
TECHNICAL ASSISTANCE CENTER.
``(a) Establishment.--The Secretary, acting through the Assistant
Secretary, shall establish or operate a center to be known as the
Emergency Mental Health and Substance Use Training and Technical
Assistance Center (referred to in this section as the `Center') to
provide technical assistance and support--
``(1) to public or nonprofit entities seeking to establish
or expand access to mental health and substance use prevention,
treatment, and recovery support services, and increase
awareness of such services; and
``(2) to public health professionals, health care
professionals and support staff, essential workers (as defined
by a State, Tribe, locality, or territory), and members of the
public to address the trauma, stress, and mental health needs
associated with an emergency period.
``(b) Assistance and Support.--The assistance and support provided
under subsection (a) shall include assistance and support with respect
to--
``(1) training on identifying signs of trauma, stress, and
mental health needs;
``(2) providing accessible resources to assist individuals
and families experiencing trauma, stress, or other mental
health needs during and after an emergency period;
``(3) providing resources for substance use disorder
prevention, treatment, and recovery designed to assist
individuals and families during and after an emergency period;
``(4) the provision of language access services, including
translation services, interpretation, or other such services
for individuals with limited English speaking proficiency or
people with disabilities; and
``(5) evaluation and improvement, as necessary, of the
effectiveness of such services provided by public or nonprofit
entities.
``(c) Best Practices.--The Center shall periodically issue best
practices for use by organizations seeking to provide mental health
services or substance use disorder prevention, treatment, or recovery
services to individuals during and after an emergency period.
``(d) Emergency Period.--In this section, the term `emergency
period' has the meaning given such term in section 1135(g)(1)(A) of the
Social Security Act.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2020 and 2021.''.
importance of the blood and plasma supply
Sec. 30620.
(a) In General.--Section 3226 of the CARES Act (Public Law 116-136)
is amended--
(1) in the section heading after ``blood'' by inserting
``and plasma''; and
(2) by inserting after ``blood'' each time it appears ``and
plasma''.
(b) Conforming Amendment.--The item relating to section 3226 in the
table of contents in section 2 of the CARES Act (Public Law 116-136) is
amended to read as follows:
``Sec. 3226. Importance of the blood and plasma supply.''.
Subtitle B--Assistance for Individuals and Families
reimbursement for additional health services relating to coronavirus
Sec. 30631.
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'' 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''.
centers for disease control and prevention covid-19 response line
Sec. 30632.
(a) In General.--During the public health emergency declared by the
Secretary 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.
grants to address substance use during covid-19
Sec. 30633.
(a) In General.--The Assistant Secretary for Mental Health and
Substance Use of the Department of Health and Human Services (in this
section referred to as the ``Assistant Secretary''), in consultation
with the Director of the Centers for Disease Control and Prevention,
shall award grants to States, political subdivisions of States, Tribes,
Tribal organizations, and community-based entities to address the harms
of drug misuse, including by--
(1) preventing and controlling the spread of infectious
diseases, such as HIV/AIDS and viral hepatitis, and the
consequences of such diseases for individuals with substance
use disorder;
(2) connecting individuals at risk for or with a substance
use disorder to overdose education, counseling, and health
education; or
(3) encouraging such individuals to take steps to reduce
the negative personal and public health impacts of substance
use or misuse during the emergency period.
(b) Considerations.--In awarding grants under this section, the
Assistant Secretary shall prioritize grants to applicants proposing to
serve areas with--
(1) a high proportion of people who meet criteria for
dependence on or abuse of illicit drugs who have not received
any treatment;
(2) high drug overdose death rates;
(3) high telemedicine infrastructure needs; and
(4) high behavioral health and substance use disorder
workforce needs.
(c) Definition.--In this section, the term ``emergency period'' has
the meaning given to such term in section 1135(g)(1)(B) of the Social
Security Act (42 U.S.C. 1320b-5(g)(1)(B))).
(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $10,000,000, to remain available
until expended.
grants to support increased behavioral health needs due to covid-19
Sec. 30634.
(a) In General.--The Secretary, acting through the Assistant
Secretary of Mental Health and Substance Use, shall award grants to
States, political subdivisions of States, Indian Tribes and Tribal
organizations, community-based entities, and primary care and
behavioral health organizations to address behavioral health needs
caused by the public health emergency declared pursuant to section 319
of the Public Health Service Act (42 U.S.C. 247d) with respect to
COVID-19.
(b) Use of Funds.--An entity that receives a grant under subsection
(a) may use funds received through such grant to--
(1) increase behavioral health treatment and prevention
capacity, including to--
(A) promote coordination among local entities;
(B) train the behavioral health workforce, relevant
stakeholders, and community members;
(C) upgrade technology to support effective
delivery of health care services through telehealth
modalities;
(D) purchase medical supplies and equipment for
behavioral health treatment entities and providers;
(E) address surge capacity for behavioral health
needs such as through mobile units; and
(F) promote collaboration between primary care and
mental health providers; and
(2) support or enhance behavioral health services,
including--
(A) emergency crisis intervention, including mobile
crisis units, 24/7 crisis call centers, and medically
staffed crisis stabilization programs;
(B) screening, assessment, diagnosis, and
treatment;
(C) mental health awareness trainings;
(D) evidence-based suicide prevention;
(E) evidence-based integrated care models;
(F) community recovery supports;
(G) outreach to underserved and minority
communities; and
(H) for front line health care workers.
(c) Priority.--The Secretary shall give priority to applicants
proposing to serve areas with a high number of COVID-19 cases.
(d) Evaluation.--An entity that receives a grant under this section
shall prepare and submit an evaluation to the Secretary at such time,
in such manner, and containing such information as the Secretary may
reasonably require, including--
(1) an evaluation of activities carried out with funds
received through the grant; and
(2) a process and outcome evaluation.
(e) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $50,000,000 for each of fiscal
years 2020 and 2021, to remain available until expended.
Subtitle C--Assistance to Tribes
improving state, local, and tribal public health security
Sec. 30641.
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 (g)(1), by striking ``tribal officials''
and inserting ``Tribal officials'';
(5) 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 subsection (h)(2)(B), by striking ``tribal
public'' and inserting ``Tribal public'';
(C) in the heading of paragraph (3), by inserting
``for states'' after ``amount''; and
(D) 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
(6) 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 for
Indigenous Peoples of the United States
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).''.
provision of items to indian programs and facilities
Sec. 30642.
(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.''.
health care access for urban native veterans
Sec. 30643.
Section 405 of the Indian Health Care Improvement Act (25 U.S.C.
1645) is amended--
(1) in subsection (a)(1), by inserting ``urban Indian
organizations,'' before ``and tribal organizations''; and
(2) in subsection (c)--
(A) by inserting ``urban Indian organization,''
before ``or tribal organization''; and
(B) by inserting ``an urban Indian organization,''
before ``or a tribal organization''.
proper and reimbursed care for native veterans
Sec. 30644.
Section 405(c) of the Indian Health Care Improvement Act (25 U.S.C.
1645(c)) is amended by inserting before the period at the end the
following: ``, regardless of whether such services are provided
directly by the Service, an Indian tribe, or tribal organization,
through contract health services, or through a contract for travel
described in section 213(b)''.
amendment to the indian health care improvement act
Sec. 30645.
Section 409 of the Indian Health Care Improvement Act (25 U.S.C.
1647b) is amended by inserting ``or the Tribally Controlled Schools Act
of 1988 (25 U.S.C. 2501 et seq.)'' after ``(25 U.S.C. 450 et seq.)''.
DIVISION D--RETIREMENT PROVISIONS
SEC. 40001. SHORT TITLE.
This division may be cited as the ``Emergency Pension Plan Relief
Act of 2020''.
TITLE I--RELIEF FOR MULTIEMPLOYER PENSION PLANS
SEC. 40101. SPECIAL PARTITION RELIEF.
(a) Appropriation.--Section 4005 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1305) is amended by adding at the end
the following:
``(i)(1) An eighth fund shall be established for partition
assistance to multiemployer pension plans, as provided under section
4233A, and to pay for necessary administrative and operating expenses
relating to such assistance.
``(2) There is appropriated from the general fund such amounts as
necessary for the costs of providing partition assistance under section
4233A and necessary administrative and operating expenses. The eighth
fund established under this subsection shall be credited with such
amounts from time to time as the Secretary of the Treasury determines
appropriate, from the general fund of the Treasury, and such amounts
shall remain available until expended.''.
(b) Special Partition Authority.--The Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1001 et seq.) is amended by inserting
after section 4233 the following:
``SEC. 4233A. SPECIAL PARTITION RELIEF.
``(a) Special Partition Authority.--
``(1) In general.--Upon the application of a plan sponsor
of an eligible multiemployer plan for partition of the plan
under this section, the corporation shall order a partition of
the plan in accordance with this section.
``(2) Inapplicability of certain repayment obligation.--A
plan receiving partition assistance pursuant to this section
shall not be subject to repayment obligations under section
4261(b)(2).
``(b) Eligible Plans.--
``(1) In general.--For purposes of this section, a
multiemployer plan is an eligible multiemployer plan if--
``(A) the plan is in critical and declining status
(within the meaning of section 305(b)(6)) in any plan
year beginning in 2020 through 2024;
``(B) a suspension of benefits has been approved
with respect to the plan under section 305(e)(9) as of
the date of the enactment of this section;
``(C) in any plan year beginning in 2020 through
2024, the plan is certified by the plan actuary to be
in critical status (within the meaning of section
305(b)(2)), has a modified funded percentage of less
than 40 percent, and has a ratio of active to inactive
participants which is less than 2 to 3; or
``(D) the plan is insolvent for purposes of section
418E of the Internal Revenue Code of 1986 as of the
date of enactment of this section, if the plan became
insolvent after December 16, 2014, and has not been
terminated by such date of enactment.
``(2) Modified funded percentage.--For purposes of
paragraph (1)(C), 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).
``(c) Applications for Special Partition.--
``(1) Guidance.--The corporation shall issue guidance
setting forth requirements for special partition applications
under this section not later than 120 days after the date of
the enactment of this section. In such guidance, the
corporation shall--
``(A) limit the materials required for a special
partition application to the minimum necessary to make
a determination on the application; and
``(B) provide for an alternate application for
special partition under this section, which may be used
by a plan that has been approved for a partition under
section 4233 before the date of enactment of this
section.
``(2) Temporary priority consideration of applications.--
``(A) In general.--The corporation may specify in
guidance under paragraph (1) that, during the first 2
years following the date of enactment of this section,
special partition applications will be provided
priority consideration, if--
``(i) the plan is likely to become
insolvent within 5 years of the date of
enactment of this section;
``(ii) the corporation projects a plan to
have a present value of financial assistance
payments under section 4261 that exceeds
$1,000,000,000 if the special partition is not
ordered;
``(iii) the plan has implemented benefit
suspensions under section 305(e)(9) as of the
date of the enactment of this section; or
``(iv) the corporation determines it
appropriate based on other circumstances.
``(B) No effect on amount of assistance.--A plan
that is approved for special partition assistance under
this section shall not receive reduced special
partition assistance on account of not receiving
priority consideration under subparagraph (A).
``(3) Actuarial assumptions and other information.--The
corporation shall accept assumptions incorporated in a
multiemployer plan's determination that it is in critical
status or critical and declining status (within the meaning of
section 305(b)), or that the plan's modified funded percentage
is less than 40 percent, unless such assumptions are clearly
erroneous. The corporation may require such other information
as the corporation determines appropriate for making a
determination of eligibility and the amount of special
partition assistance necessary under this section.
``(4) Application deadline.--Any application by a plan for
special partition assistance under this section shall be
submitted no later than December 31, 2026, and any revised
application for special partition assistance shall be submitted
no later than December 31, 2027.
``(5) Notice of application.--Not later than 120 days after
the date of enactment of this section, the corporation shall
issue guidance requiring multiemployer plans to notify
participants and beneficiaries that the plan has applied for
partition under this section, after the corporation has
determined that the application is complete. Such notice shall
reference the special partition relief internet website
described in subsection (p).
``(d) Determinations on Applications.--A plan's application for
special partition under this section that is timely filed in accordance
with guidance issued under subsection (c)(1) shall be deemed approved
and the corporation shall issue a special partition order unless the
corporation notifies the plan within 120 days of the filing of the
application that the application is incomplete or the plan is not
eligible under this section. Such notice shall specify the reasons the
plan is ineligible for a special partition or information needed to
complete the application. If a plan is denied partition under this
subsection, the plan may submit a revised application under this
section. Any revised application for special partition submitted by a
plan shall be deemed approved unless the corporation notifies the plan
within 120 days of the filing of the revised application that the
application is incomplete or the plan is not eligible under this
section. A special partition order issued by the corporation shall be
effective no later than 120 days after a plan's special partition
application is approved by the corporation or deemed approved.
``(e) Amount and Manner of Special Partition Assistance.--
``(1) In general.--The liabilities of an eligible
multiemployer plan that the corporation assumes pursuant to a
special partition order under this section shall be the amount
necessary for the plan to meet its funding goals described in
subsection (g).
``(2) No cap.--Liabilities assumed by the corporation
pursuant to a special partition order under this section shall
not be capped by the guarantee under section 4022A. The
corporation shall have discretion on how liabilities of the
plan are partitioned.
``(f) Successor Plan.--
``(1) In general.--The plan created by a special partition
order under this section is a successor plan to which section
4022A applies.
``(2) Plan sponsor and administrator.--The plan sponsor of
an eligible multiemployer plan prior to the special partition
and the administrator of such plan shall be the plan sponsor
and the administrator, respectively, of the plan created by the
partition.
``(g) Funding Goals.--
``(1) In general.--The funding goals of a multiemployer
plan eligible for partition under this section are both of the
following:
``(A) The plan will remain solvent over 30 years
with no reduction in a participant's or beneficiary's
accrued benefit (except to the extent of a reduction in
accordance with section 305(e)(8) adopted prior to the
plan's application for partition under this section).
``(B) The funded percentage of the plan
(disregarding partitioned benefits) at the end of the
30-year period is projected to be 80 percent.
``(2) Basis.--The funding projections under paragraph (1)
shall be performed on a deterministic basis.
``(h) Restoration of Benefit Suspensions.--An eligible
multiemployer plan that is partitioned under this section shall--
``(1) reinstate any benefits that were suspended under
section 305(e)(9) or section 4245(a), effective as of the first
month the special partition order is effective, for
participants or beneficiaries as of the effective date of the
partition; and
``(2) provide payments equal to the amount of benefits
previously suspended to any participants or beneficiaries in
pay status as of the effective date of the special partition,
payable in the form of a lump sum within 3 months of such
effective date or in equal monthly installments over a period
of 5 years, with no adjustment for interest.
``(i) Adjustment of Special Partition Assistance.--
``(1) In general.--Every 5 years, the corporation shall
adjust the special partition assistance described in subsection
(e) as necessary for the eligible multiemployer plan to satisfy
the funding goals described in subsection (g). If the 30 year
period described in subsection (g) has lapsed, in applying this
paragraph, 5 years shall be substituted for 30 years.
``(2) Submission of information.--An eligible multiemployer
plan that is the subject of a special partition order under
subsection (a) shall submit such information as the corporation
may require to determine the amount of the adjustment under
paragraph (1).
``(3) Cessation of adjustments.--Adjustments under this
subsection with respect to special partition assistance for an
eligible multiemployer plan shall cease and the corporation
shall permanently assume liability for payment of any benefits
transferred to the successor plan (subject to subsection (l))
beginning with the first plan year that the funded percentage
of the eligible multiemployer plan (disregarding partitioned
benefits) is at least 80 percent and the plan's projected
funded percentage for each of the next 10 years is at least 80
percent. Any accumulated funding deficiency of the plan (within
the meaning of section 304(a)) shall be reduced to zero as of
the first day of the plan year for which partition assistance
is permanent under this paragraph.
``(j) Conditions on Plans During Partition.--
``(1) In general.--The corporation may impose, by
regulation, reasonable conditions on an eligible multiemployer
plan that is partitioned under section (a) relating to
increases in future accrual rates and any retroactive benefit
improvements, allocation of plan assets, reductions in employer
contribution rates, diversion of contributions to, and
allocation of, expenses to other retirement plans, and
withdrawal liability.
``(2) Limitations.--The corporation shall not impose
conditions on an eligible multiemployer plan as a condition of
or following receipt of such partition assistance under this
section relating to--
``(A) any reduction in plan benefits (including
benefits that may be adjusted pursuant to section
305(e)(8));
``(B) plan governance, including selection of,
removal of, and terms of contracts with, trustees,
actuaries, investment managers, and other service
providers; or
``(C) any funding rules relating to the plan that
is partitioned under this section.
``(3) Condition.--An eligible multiemployer plan that is
partitioned under subsection (a) shall continue to pay all
premiums due under section 4007 for participants and
beneficiaries in the plan created by a special partition order
until the plan year beginning after a cessation of adjustments
applies under subsection (i).
``(k) Withdrawal Liability.--An employer's withdrawal liability for
purposes of this title shall be calculated taking into account any plan
liabilities that are partitioned under subsection (a) until the plan
year beginning after the expiration of 15 calendar years from the
effective date of the partition.
``(l) Cessation of Partition Assistance.--If a plan that receives
partition assistance under this section becomes insolvent for purposes
of section 418E of the Internal Revenue Code of 1986, the plan shall no
longer be eligible for assistance under this section and shall be
eligible for assistance under section 4261.
``(m) Reporting.--An eligible multiemployer plan that receives
partition assistance under this section shall file with the corporation
a report, including the following information, in such manner (which
may include electronic filing requirements) and at such time as the
corporation requires:
``(1) The funded percentage (as defined in section
305(j)(2)) as of the first day of such plan year, and the
underlying actuarial value of assets and liabilities 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, the payment schedule
with respect to such withdrawal liability, 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 conditions of the
partition assistance.
``(12) Details regarding any funding improvement plan or
rehabilitation plan and updates to such plan.
``(13) The number of participants and beneficiaries 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 information contained on the most recent annual
funding notice submitted by the plan under section 101(f).
``(15) The information contained on the most recent annual
return under section 6058 of the Internal Revenue Code of 1986
and actuarial report under section 6059 of such Code of the
plan.
``(16) 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, financial reports, and
copies of the portions of collective bargaining agreements
relating to plan contributions, funding coverage, or benefits,
and such other information as the corporation may reasonably
require.
Any information disclosed by a plan to the corporation that could
identify individual employers shall be confidential and not subject to
publication or disclosure.
``(n) Report to Congress.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section and annually thereafter, the board of
directors of the corporation shall submit to the Committee on
Health, Education, Labor, and Pensions and the Committee on
Finance of the Senate and the Committee on Education and Labor
and the Committee on Ways and Means of the House of
Representatives a detailed report on the implementation and
administration of this section. Such report shall include--
``(A) information on the name and number of
multiemployer plans that have applied for partition
assistance under this section;
``(B) the name and number of such plans that have
been approved for partition assistance under this
section and the name and number of the plans that have
not been approved for special partition assistance;
``(C) a detailed rationale for any decision by the
corporation to not approve an application for special
partition assistance;
``(D) the amount of special partition assistance
provided to eligible multiemployer plans (including
amounts provided on an individual plan basis and in the
aggregate);
``(E) the name and number of the multiemployer
plans that restored benefit suspensions and provided
lump sum or monthly installment payments to
participants or beneficiaries;
``(F) the amount of benefits that were restored and
lump sum or monthly installment payments that were paid
(including amounts provided on an individual plan basis
and in the aggregate);
``(G) the name and number of the plans that
received adjustments to partition assistance under
subsection (i);
``(H) a list of, and rationale for, each reasonable
condition imposed by the corporation on plans approved
for special partition assistance under this section;
``(I) the contracts that have been awarded by the
corporation to implement or administer this section;
``(J) the number, purpose, and dollar amounts of
the contracts that have been awarded to implement or
administer the section;
``(K) a detailed summary of the reports required
under subsection (m); and
``(L) a detailed summary of the feedback received
on the pension relief internet website established
under subsection (p).
``(2) PBGC certification.--The board of directors of the
corporation shall include with the report under paragraph (1) a
certification and affirmation that the amount of special
partition assistance provided to each plan under this section
is the amount necessary to meet its funding goals under
subsection (g), including, if applicable, any adjustment of
special partition assistance as determined under subsection
(i).
``(3) Confidentiality.--Congress may publicize the reports
received under paragraph (1) only after redacting all sensitive
or proprietary information.
``(o) GAO Report.--Not later than 1 year after the first partition
application is approved by the corporation under this section, and
biennially thereafter, the Comptroller General of the United States
shall submit to the Committee on Health, Education, Labor, and Pensions
and the Committee on Finance of the Senate and the Committee on
Education and Labor and the Committee on Ways and Means of the House of
Representatives a detailed report on the actions of the corporation to
implement and administer this section, including an examination of the
contracts awarded by such corporation to carry out this section and an
analysis of such corporation's compliance with subsections (e) and (g).
``(p) Special Partition Relief Website.--
``(1) Establishment.--Not later than 120 days after the
date of enactment of this section, the corporation shall
establish and maintain a user-friendly, public-facing internet
website to foster greater accountability and transparency in
the implementation and administration of this section.
``(2) Purpose.--The internet website established and
maintained under paragraph (1) shall be a portal to key
information relating to this section for multiemployer plan
administrators and trustees, plan participants, beneficiaries,
participating employers, other stakeholders, and the public.
``(3) Content and function.--The internet website
established under paragraph (1) shall--
``(A) describe the nature and scope of the special
partition authority and assistance under this section
in a manner calculated to be understood by the average
plan participant;
``(B) include published guidance, regulations, and
all other relevant information on the implementation
and administration of this section;
``(C) include, with respect to plan applications
for special partition assistance--
``(i) a general description of the process
by which eligible plans can apply for special
partition assistance, information on how and
when the corporation will process and consider
plan applications;
``(ii) information on how the corporation
will address any incomplete applications as
specified in under this section;
``(iii) a list of the plans that have
applied for special partition assistance and,
for each application, the date of submission of
a completed application;
``(iv) the text of each plan's completed
application for special partition assistance
with appropriate redactions of personal,
proprietary, or sensitive information;
``(v) the estimated date that a decision
will be made by the corporation on each
application;
``(vi) the actual date when such decision
is made;
``(vii) the corporation's decision on each
application; and
``(viii) as applicable, a detailed
rationale for any decision not to approve a
plan's application for special partition
assistance;
``(D) provide detailed information on each contract
solicited and awarded to implement or administer this
section;
``(E) include reports, audits, and other relevant
oversight and accountability information on this
section, including the annual reports submitted by the
board of directors of the corporation to Congress
required under subsection (n), the Office of the
Inspector General audits, correspondence, and
publications, and the Government Accountability Office
reports under subsection (o);
``(F) provide a clear means for multiemployer plan
administrators, plan participants, beneficiaries, other
stakeholders, and the public to contact the corporation
and provide feedback on the implementation and
administration of this section; and
``(G) be regularly updated to carry out the
purposes of this subsection.
``(q) Office of Inspector General.--There is authorized to be
appropriated to the corporation's Office of Inspector General
$24,000,000 for fiscal year 2020, which shall remain available through
September 30, 2028, for salaries and expenses necessary for conducting
investigations and audits of the implementation and administration of
this section.
``(r) Application of Excise Tax.--During the period that a plan is
subject to a partition order under this section and prior to a
cessation of adjustments pursuant to subsection (i)(3), the plan shall
not be subject to section 4971 of the Internal Revenue Code of 1986.''.
SEC. 40102. REPEAL OF BENEFIT SUSPENSIONS FOR MULTIEMPLOYER PLANS IN
CRITICAL AND DECLINING STATUS.
(a) Amendment to Internal Revenue Code of 1986.--Paragraph (9) of
section 432(e) of the Internal Revenue Code of 1986 is repealed.
(b) Amendment to Employee Retirement Income Security Act of 1974.--
Paragraph (9) of section 305(e) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1085(e)) is repealed.
(c) Effective Date.--The repeals made by this section shall not
apply to plans that have been approved for a suspension of benefit
under section 432(e)(9)(G) of the Internal Revenue Code of 1986 and
section 305(e)(9)(G) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1085(e)(9)(G)) before the date of the enactment of this
Act.
SEC. 40103. TEMPORARY DELAY OF DESIGNATION OF MULTIEMPLOYER PLANS AS IN
ENDANGERED, CRITICAL, OR CRITICAL AND DECLINING STATUS.
(a) In General.--Notwithstanding the actuarial certification under
section 305(b)(3) of the Employee Retirement Income Security Act of
1974 and section 432(b)(3) of the Internal Revenue Code of 1986, if a
plan sponsor of a multiemployer plan elects the application of this
section, then, for purposes of section 305 of such Act and section 432
of such Code--
(1) the status of the plan for its first plan year
beginning during the period beginning on March 1, 2020, and
ending on February 28, 2021, or the next succeeding plan year
(as designated by the plan sponsor in such election), shall be
the same as the status of such plan under such sections for the
plan year preceding such designated plan year, and
(2) in the case of a plan which was in endangered or
critical status for the plan year preceding the designated plan
year described in paragraph (1), the plan shall not be required
to update its plan or schedules under section 305(c)(6) of such
Act and section 432(c)(6) of such Code, or section 305(e)(3)(B)
of such Act and section 432(e)(3)(B) of such Code, whichever is
applicable, until the plan year following the designated plan
year described in paragraph (1).
If section 305 of the Employee Retirement Income Security Act of 1974
and section 432 of the Internal Revenue Code of 1986 did not apply to
the plan year preceding the designated plan year described in paragraph
(1), the plan actuary shall make a certification of the status of the
plan under section 305(b)(3) of such Act and section 432(b)(3) of such
Code for the preceding plan year in the same manner as if such sections
had applied to such preceding plan year.
(b) Exception for Plans Becoming Critical During Election.--If--
(1) an election was made under subsection (a) with respect
to a multiemployer plan, and
(2) such plan has, without regard to such election, been
certified by the plan actuary under section 305(b)(3) of the
Employee Retirement Income Security Act of 1974 and section
432(b)(3) of the Internal Revenue Code of 1986 to be in
critical status for the designated plan year described in
subsection (a)(1), then such plan shall be treated as a plan in
critical status for such plan year for purposes of applying
section 4971(g)(1)(A) of such Code, section 302(b)(3) of such
Act (without regard to the second sentence thereof), and
section 412(b)(3) of such Code (without regard to the second
sentence thereof).
(c) Election and Notice.--
(1) Election.--An election under subsection (a)--
(A) shall be made at such time and in such manner
as the Secretary of the Treasury or the Secretary's
delegate may prescribe and, once made, may be revoked
only with the consent of the Secretary, and
(B) if made--
(i) before the date the annual
certification is submitted to the Secretary or
the Secretary's delegate under section
305(b)(3) of such Act and section 432(b)(3) of
such Code, shall be included with such annual
certification, and
(ii) after such date, shall be submitted to
the Secretary or the Secretary's delegate not
later than 30 days after the date of the
election.
(2) Notice to participants.--
(A) In general.--Notwithstanding section
305(b)(3)(D) of the Employee Retirement Income Security
Act of 1974 and section 432(b)(3)(D) of the Internal
Revenue Code of 1986, if the plan is neither in
endangered nor critical status by reason of an election
made under subsection (a)--
(i) the plan sponsor of a multiemployer
plan shall not be required to provide notice
under such sections, and
(ii) the plan sponsor shall provide to the
participants and beneficiaries, the bargaining
parties, the Pension Benefit Guaranty
Corporation, and the Secretary of Labor a
notice of the election under subsection (a) and
such other information as the Secretary of the
Treasury (in consultation with the Secretary of
Labor) may require--
(I) if the election is made before
the date the annual certification is
submitted to the Secretary or the
Secretary's delegate under section
305(b)(3) of such Act and section
432(b)(3) of such Code, not later than
30 days after the date of the
certification, and
(II) if the election is made after
such date, not later than 30 days after
the date of the election.
(B) Notice of endangered status.--Notwithstanding
section 305(b)(3)(D) of such Act and section
432(b)(3)(D) of such Code, if the plan is certified to
be in critical status for any plan year but is in
endangered status by reason of an election made under
subsection (a), the notice provided under such sections
shall be the notice which would have been provided if
the plan had been certified to be in endangered status.
SEC. 40104. TEMPORARY EXTENSION OF THE FUNDING IMPROVEMENT AND
REHABILITATION PERIODS FOR MULTIEMPLOYER PENSION PLANS IN
CRITICAL AND ENDANGERED STATUS FOR 2020 OR 2021.
(a) In General.--If the plan sponsor of a multiemployer plan which
is in endangered or critical status for a plan year beginning in 2020
or 2021 (determined after application of section 4) elects the
application of this section, then, for purposes of section 305 of the
Employee Retirement Income Security Act of 1974 and section 432 of the
Internal Revenue Code of 1986--
(1) except as provided in paragraph (2), the plan's funding
improvement period or rehabilitation period, whichever is
applicable, shall be 15 years rather than 10 years, and
(2) in the case of a plan in seriously endangered status,
the plan's funding improvement period shall be 20 years rather
than 15 years.
(b) Definitions and Special Rules.--For purposes of this section--
(1) Election.--An election under this section shall be made
at such time, and in such manner and form, as (in consultation
with the Secretary of Labor) the Secretary of the Treasury or
the Secretary's delegate may prescribe.
(2) Definitions.--Any term which is used in this section
which is also used in section 305 of the Employee Retirement
Income Security Act of 1974 and section 432 of the Internal
Revenue Code of 1986 shall have the same meaning as when used
in such sections.
(c) Effective Date.--This section shall apply to plan years
beginning after December 31, 2019.
SEC. 40105. ADJUSTMENTS TO FUNDING STANDARD ACCOUNT RULES.
(a) Adjustments.--
(1) Amendment to employee retirement income security act of
1974.--Section 304(b)(8) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1084(b)) is amended by adding
at the end the following new subparagraph:
``(F) Relief for 2020 and 2021.--A multiemployer
plan with respect to which the solvency test under
subparagraph (C) is met as of February 29, 2020, may
elect to apply this paragraph by substituting `February
29, 2020' for `August 31, 2008' each place it appears
in subparagraphs (A)(i), (B)(i)(I), and (B)(i)(II)
(without regard to whether such plan previously elected
the application of this paragraph). The preceding
sentence shall not apply to a plan with respect to
which a partition order is in effect under section
4233A.''.
(2) Amendment to internal revenue code of 1986.--Section
431(b)(8) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subparagraph:
``(F) Relief for 2020 and 2021.--A multiemployer
plan with respect to which the solvency test under
subparagraph (C) is met as of February 29, 2020, may
elect to apply this paragraph by substituting `February
29, 2020' for `August 31, 2008' each place it appears
in subparagraphs (A)(i), (B)(i)(I), and (B)(i)(II)
(without regard to whether such plan previously elected
the application of this paragraph). The preceding
sentence shall not apply to a plan with respect to
which a partition order is in effect under section
4233A of the Employee Retirement Income Security Act of
1974.''.
(b) Effective Dates.--
(1) In general.--The amendments made by this section shall
take effect as of the first day of the first plan year ending
on or after February 29, 2020, except that any election a plan
makes pursuant to this section that affects the plan's funding
standard account for the first plan year beginning after
February 29, 2020, shall be disregarded for purposes of
applying the provisions of section 305 of the Employee
Retirement Income Security Act of 1974 and section 432 of the
Internal Revenue Code of 1986 to such plan year.
(2) Restrictions on benefit increases.--Notwithstanding
paragraph (1), the restrictions on plan amendments increasing
benefits in sections 304(b)(8)(D) of such Act and 431(b)(8)(D)
of such Code, as applied by the amendments made by this
section, shall take effect on the date of enactment of this
Act.
SEC. 40106. PBGC GUARANTEE FOR PARTICIPANTS IN MULTIEMPLOYER PLANS.
Section 4022A(c)(1) of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1322a(c)(1)) is amended by striking subparagraphs
(A) and (B) and inserting the following:
``(A) 100 percent of the accrual rate up to $15,
plus 75 percent of the lesser of--
``(i) $70; or
``(ii) the accrual rate, if any, in excess
of $15; and
``(B) the number of the participant's years of
credited service.
For each calendar year after the first full calendar year
following the date of the enactment of the Emergency Pension
Plan Relief Act of 2020, the accrual rates in subparagraph (A)
shall increase by the national average wage index (as defined
in section 209(k)(1) of the Social Security Act). For purposes
of this subsection, the rates applicable for determining the
guaranteed benefits of the participants of any plan shall be
the rates in effect for the calendar year in which the plan
becomes insolvent under section 4245 or the calendar year in
which the plan is terminated, if earlier.''.
TITLE II--RELIEF FOR SINGLE EMPLOYER PENSION PLANS
SEC. 40201. 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. 40202. 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 III--OTHER RETIREMENT RELATED PROVISIONS
SEC. 40301. WAIVER OF REQUIRED MINIMUM DISTRIBUTIONS FOR 2019.
(a) In General.--Section 401(a)(9)(I)(i) of the Internal Revenue
Code of 1986 is amended by striking ``calendar year 2020'' and
inserting ``calendar years 2019 and 2020''.
(b) Eligible Rollover Distributions.--Section 402(c)(4) of such
Code is amended by striking ``2020'' each place it appears in the last
sentence and inserting ``2019 or 2020''.
(c) Conforming Amendments.--Section 401(a)(9)(I) of such Code is
amended--
(1) by striking clause (ii) and redesignating clause (iii)
as clause (ii), and
(2) by striking ``calendar year 2020'' in clause (ii)(II),
as so redesignated, and inserting ``calendar years 2019 and
2020''.
(d) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 2203 of the
Coronavirus Aid, Relief, and Economic Security Act, except that
subparagraph (c)(1) thereof shall be applied by substituting ``December
31, 2018'' for ``December 31, 2019''.
SEC. 40302. WAIVER OF 60-DAY RULE IN CASE OF ROLLOVER OF OTHERWISE
REQUIRED MINIMUM DISTRIBUTIONS IN 2019 OR 2020.
(a) Qualified Trusts.--402(c)(3) of the Internal Revenue Code of
1986 is amended by adding at the end the following new subparagraph:
``(D) Exception for rollover of otherwise required
minimum distributions in 2019 or 2020.--In the case of
an eligible rollover distribution described in the
second sentence of paragraph (4), subparagraph (A)
shall not apply to any transfer of such distribution
made before December 1, 2020.''.
(b) Individual Retirement Accounts.--Section 408(d)(3) of such Code
is amended by adding at the end the following new subparagraph:
``(J) Waiver of 60-day rule and once per-year
limitation for certain 2019 and 2020 rollovers.--In the
case of a distribution during 2019 or 2020 to which,
under subparagraph (E), this paragraph would not have
applied had the minimum distribution requirements of
section 401(a)(9) applied during such years, the 60-day
requirement under subparagraph (A) and the limitation
under subparagraph (B) shall not apply to such
distribution to the extent the amount is paid into an
individual retirement account, individual retirement
annuity (other than an endowment contract), or eligible
retirement plan (as defined in subparagraph (A)) as
otherwise required under such subparagraph before
December 1, 2020.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2018.
SEC. 40303. EMPLOYEE CERTIFICATION AS TO ELIGIBILITY FOR INCREASED
CARES ACT LOAN LIMITS FROM EMPLOYER PLAN.
(a) In General.--Section 2202(b) of the Coronavirus Aid, Relief,
and Economic Security Act is amended by adding at the end the following
new paragraph:
``(4) Employee certification.--The administrator of a
qualified employer plan may rely on an employee's certification
that the requirements of subsection (a)(4)(A)(ii) are satisfied
in determining whether the employee is a qualified individual
for purposes of this subsection.''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of section 2202(b) of the
Coronavirus Aid, Relief, and Economic Security Act.
SEC. 40304. EXCLUSION OF BENEFITS PROVIDED TO VOLUNTEER FIREFIGHTERS
AND EMERGENCY MEDICAL RESPONDERS MADE PERMANENT.
(a) In General.--Section 139B of the Internal Revenue Code of 1986
is amended by striking subsection (d).
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2020.
SEC. 40305. APPLICATION OF SPECIAL RULES TO MONEY PURCHASE PENSION
PLANS.
Section 2202(a)(6)(B) of the Coronavirus Aid, Relief, and Economic
Security Act is amended by inserting ``, and, in the case of a money
purchase pension plan, a coronavirus-related distribution which is an
in-service withdrawal shall be treated as meeting the distribution
rules of section 401(a) of such Code'' before the period.
SEC. 40306. GRANTS TO ASSIST LOW-INCOME WOMEN AND SURVIVORS OF DOMESTIC
VIOLENCE IN OBTAINING QUALIFIED DOMESTIC RELATIONS
ORDERS.
(a) Authorization of Grant Awards.--The Secretary of Labor, acting
through the Director of the Women's Bureau and in conjunction with the
Assistant Secretary of the Employee Benefits Security Administration,
shall award grants, on a competitive basis, to eligible entities to
enable such entities to assist low-income women and survivors of
domestic violence in obtaining qualified domestic relations orders and
ensuring that those women actually obtain the benefits to which they
are entitled through those orders.
(b) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means a community-based organization with proven
experience and expertise in serving women and the financial and
retirement needs of women.
(c) Application.--An eligible entity that desires to receive a
grant under this section shall submit an application to the Secretary
of Labor at such time, in such manner, and accompanied by such
information as the Secretary of Labor may require.
(d) Minimum Grant Amount.--The Secretary of Labor shall award
grants under this section in amounts of not less than $250,000.
(e) Use of Funds.--An eligible entity that receives a grant under
this section shall use the grant funds to develop programs to offer
help to low-income women or survivors of domestic violence who need
assistance in preparing, obtaining, and effectuating a qualified
domestic relations order.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for fiscal year
2020 and each succeeding fiscal year.
SEC. 40307. 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. 40308. MINIMUM RATE OF INTEREST FOR CERTAIN DETERMINATIONS RELATED
TO LIFE INSURANCE CONTRACTS.
(a) Modification of Minimum Rate for Purposes of Cash Value
Accumulation Test.--
(1) In general.--Section 7702(b)(2)(A) of the Internal
Revenue Code of 1986 is amended by striking ``an annual
effective rate of 4 percent'' and inserting ``the applicable
accumulation test minimum rate''.
(2) Applicable accumulation test minimum rate.--Section
7702(b) of such Code is amended by adding at the end the
following new paragraph:
``(3) Applicable accumulation test minimum rate.--For
purposes of paragraph (2)(A), the term `applicable accumulation
test minimum rate' means the lesser of--
``(A) an annual effective rate of 4 percent, or
``(B) the insurance interest rate (as defined in
subsection (f)(11)) in effect at the time the contract
is issued.''.
(b) Modification of Minimum Rate for Purposes of Guideline Premium
Requirements.--
(1) In general.--Section 7702(c)(3)(B)(iii) of such Code is
amended by striking ``an annual effective rate of 6 percent''
and inserting ``the applicable guideline premium minimum
rate''.
(2) Applicable guideline premium minimum rate.--Section
7702(c)(3) of such Code is amended by adding at the end the
following new subparagraph:
``(E) Applicable guideline premium minimum rate.--
For purposes of subparagraph (B)(iii), the term
`applicable guideline premium minimum rate' means the
applicable accumulation test minimum rate (as defined
in subsection (b)(3)) plus 2 percentage points.''.
(c) Application of Modified Minimum Rates to Determination of
Guideline Level Premium.--Section 7702(c)(4) of such Code is amended--
(1) by striking ``4 percent'' and inserting ``the
applicable accumulation test minimum rate'', and
(2) by striking ``6 percent'' and inserting ``the
applicable guideline premium minimum rate''.
(d) Insurance Interest Rate.--Section 7702(f) of such Code is
amended by adding at the end the following new paragraph:
``(11) Insurance interest rate.--For purposes of this
section--
``(A) In general.--The term `insurance interest
rate' means, with respect to any contract issued in any
calendar year, the lesser of--
``(i) the section 7702 valuation interest
rate for such calendar year (or, if such
calendar year is not an adjustment year, the
most recent adjustment year), or
``(ii) the section 7702 applicable Federal
interest rate for such calendar year (or, if
such calendar year is not an adjustment year,
the most recent adjustment year).
``(B) Section 7702 valuation interest rate.--The
term `section 7702 valuation interest rate' means, with
respect to any adjustment year, the prescribed U.S.
valuation interest rate for life insurance with
guaranteed durations of more than 20 years (as defined
in the National Association of Insurance Commissioners'
Standard Valuation Law) as effective in the calendar
year immediately preceding such adjustment year.
``(C) Section 7702 applicable federal interest
rate.--The term `section 7702 applicable Federal
interest rate' means, with respect to any adjustment
year, the average (rounded to the nearest whole
percentage point) of the applicable Federal mid-term
rates (as defined in section 1274(d) but based on
annual compounding) effective as of the beginning of
each of the calendar months in the most recent 60-month
period ending before the second calendar year prior to
such adjustment year.
``(D) Adjustment year.--The term `adjustment year'
means the calendar year following any calendar year
that includes the effective date of a change in the
prescribed U.S. valuation interest rate for life
insurance with guaranteed durations of more than 20
years (as defined in the National Association of
Insurance Commissioners' Standard Valuation Law).
``(E) Transition rule.--Notwithstanding
subparagraph (A), the insurance interest rate shall be
2 percent in the case of any contract which is issued
during the period that--
``(i) begins on January 1, 2021, and
``(i) ends immediately before the beginning
of the first adjustment year that beings after
December 31, 2021.''.
(e) Effective Date.--The amendments made by this section shall
apply to contracts issued after December 31, 2020.
DIVISION E--CONTINUED ASSISTANCE TO UNEMPLOYED WORKERS
SEC. 50001. EXTENSION OF FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION.
(a) In General.--Section 2104(e) of the CARES Act (Public Law 116-
136) is amended to read as follows:
``(e) Applicability.--
``(1) In general.--An agreement entered into under this
section shall apply to weeks of unemployment--
``(A) beginning after the date on which such
agreement is entered into; and
``(B) ending on or before January 31, 2021.
``(2) Transition rule for individuals remaining entitled to
regular compensation as of january 31, 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, Federal Pandemic
Unemployment 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 regular
compensation with respect to such benefit year.
``(3) Termination.--Notwithstanding any other provision of
this subsection, no Federal Pandemic Unemployment Compensation
shall be payable for any week beginning after March 31,
2021.''.
(b) Limitation on Application of Transition Rule.--Section 2104(g)
of such Act is amended by inserting ``(except for subsection (e)(2))''
after ``the preceding provisions of this section''.
(c) Disregard of Federal Pandemic Unemployment Compensation for
Certain Purposes.--Section 2104(h) of such Act is amended to read as
follows:
``(h) Disregard of Federal Pandemic Unemployment Compensation for
Purposes of All Federal and Federally Assisted Programs.--A Federal
Pandemic Unemployment 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.''.
SEC. 50002. EXTENSION AND BENEFIT PHASEOUT RULE FOR PANDEMIC
UNEMPLOYMENT ASSISTANCE.
Section 2102(c) of the CARES Act (Public Law 116-136) is amended--
(1) in paragraph (1)--
(A) by striking ``paragraph (2)'' and inserting
``paragraphs (2) and (3)''; and
(B) in subparagraph (A)(ii), by striking ``December
31, 2020'' and inserting ``January 31, 2021''; and
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) Transition rule for individuals remaining entitled to
pandemic unemployment assistance as of january 31, 2021.--
``(A) In general.--In the case of any individual
who, as of the date specified in paragraph (1)(A)(ii),
is receiving Pandemic Unemployment Assistance but has
not yet exhausted all rights to such assistance under
this section, Pandemic Unemployment Assistance 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 Pandemic
Unemployment Assistance.
``(B) Termination.--Notwithstanding any other
provision of this subsection, no Pandemic Unemployment
Assistance shall be payable for any week beginning
after March 31, 2021.''.
SEC. 50003. EXTENSION AND BENEFIT PHASEOUT RULE FOR PANDEMIC EMERGENCY
UNEMPLOYMENT COMPENSATION.
Section 2107(g) of the CARES Act (Public Law 116-136) is amended to
read as follows:
``(g) Applicability.--
``(1) In general.--An agreement entered into under this
section shall apply to weeks of unemployment--
``(A) beginning after the date on which such
agreement is entered into; and
``(B) ending on or before January 31, 2021.
``(2) Transition rule for individuals remaining entitled to
pandemic emergency unemployment compensation as of january 31,
2021.--In the case of any individual who, as of the date
specified in paragraph (1)(A)(ii), is receiving Pandemic
Emergency Unemployment Compensation but has not yet exhausted
all rights to such assistance under this section, Pandemic
Emergency Unemployment 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
Pandemic Emergency Unemployment Compensation.
``(3) Termination.--Notwithstanding any other provision of
this subsection, no Pandemic Emergency Unemployment
Compensation shall be payable for any week beginning after
March 31, 2021.''.
SEC. 50004. EXTENSION OF FULL FEDERAL FUNDING OF THE FIRST WEEK OF
COMPENSABLE REGULAR UNEMPLOYMENT FOR STATES WITH NO
WAITING WEEK.
Section 2105(e)(2) of the CARES Act (Public Law 116-136) is amended
by striking ``December 31, 2020'' and inserting ``January 31, 2021''.
SEC. 50005. EXTENSION OF EMERGENCY RELIEF AND TECHNICAL CORRECTIONS FOR
GOVERNMENTAL ENTITIES AND NONPROFIT ORGANIZATIONS.
Section 903(i)(1) of the Social Security Act, as added by section
2103 of the CARES Act (Public Law 116-136), is amended--
(1) in subparagraph (A), by striking ``during the
applicable period'' and inserting ``with respect to the
applicable period'';
(2) in subparagraph (B), by striking ``section 3309(a)(1)''
and inserting ``section 3309(a)'';
(3) in subparagraph (C), by striking ``shall be used
exclusively'' and all that follows through the end and
inserting ``shall be used exclusively to reduce the amounts
required to be paid in lieu of contributions into the State
unemployment fund pursuant to such section by governmental
entities and other organizations described in section 3309(a)
of such Code''; and
(4) in subparagraph (D), by striking ``December 31, 2020''
and inserting ``January 31, 2021''.
SEC. 50006. REDUCTION OF STATE ADMINISTRATIVE BURDEN IN DETERMINATION
OF AMOUNT OF PANDEMIC UNEMPLOYMENT ASSISTANCE.
Section 2102(d) of the CARES Act (Public Law 116-136) is amended by
adding at the end the following:
``(4) State flexibility in establishing income.--In
determining the income of an individual for purposes of an
application for assistance authorized under subsection (b), a
State may rely on such wage and self-employment data as the
State may elect, including any applicable data with respect to
an individual's electronically mediated employment.''.
SEC. 50007. EXTENSION OF TEMPORARY ASSISTANCE FOR STATES WITH ADVANCES.
Section 1202(b)(10)(A) of the Social Security Act (42 U.S.C.
1322(b)(10)(A)) is amended by striking ``December 31, 2020'' and
inserting ``June 30, 2021''.
SEC. 50008. EXTENSION OF FULL FEDERAL FUNDING OF EXTENDED UNEMPLOYMENT
COMPENSATION.
Section 4105 of the Families First Coronavirus Response Act (Public
Law 116-127) is amended by striking ``December 31, 2020'' each place it
appears and inserting ``June 30, 2021''.
SEC. 50009. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME COMPENSATION
PAYMENTS IN STATES WITH PROGRAMS IN LAW.
Section 2108(b)(2) of the CARES Act (Public Law 116-136) is amended
by striking ``December 31, 2020'' and inserting ``January 31, 2021''.
SEC. 50010. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME COMPENSATION
AGREEMENTS.
Section 2109(d)(2) of the CARES Act (Public Law 116-136) is amended
by striking ``December 31, 2020'' and inserting ``January 31, 2021''.
SEC. 50011. GRACE PERIOD FOR FULL FINANCING OF SHORT-TIME COMPENSATION
PROGRAMS.
Section 2108(c) of the CARES Act (Public Law 116-136) is amended by
striking ``shall be eligible'' and all that follows through the end and
inserting the following: ``
``shall be eligible--
``(1) for payments under subsection (a) for weeks of
unemployment beginning after the effective date of such
enactment; and
``(2) for an additional payment equal to the total amount
of payments for which the State is eligible pursuant to an
agreement under section 2109 for weeks of unemployment before
such effective date.''.
DIVISION F--ASSISTANCE TO AGRICULTURAL PRODUCERS AND OTHER MATTERS
RELATING TO AGRICULTURE
SEC. 60001. DEFINITIONS.
In this division:
(1) The term ``COVID-19'' means the disease caused by
SARS-CoV-2, or any viral strain mutating therefrom with
pandemic potential.
(2) The term ``Secretary'' means the Secretary of
Agriculture.
TITLE I--LIVESTOCK
SEC. 60101. ESTABLISHMENT OF TRUST FOR BENEFIT OF UNPAID CASH SELLERS
OF LIVESTOCK.
The Packers and Stockyards Act, 1921, is amended by inserting after
section 317 (7 U.S.C. 217a) the following new section:
``SEC. 318. STATUTORY TRUST ESTABLISHED; DEALER.
``(a) Establishment.--
``(1) In general.--All livestock purchased by a dealer in
cash sales and all inventories of, or receivables or proceeds
from, such livestock shall be held by such dealer in trust for
the benefit of all unpaid cash sellers of such livestock until
full payment has been received by such unpaid cash sellers.
``(2) Exemption.--Any dealer whose average annual purchases
of livestock do not exceed $100,000 shall be exempt from the
provisions of this section.
``(3) Effect of dishonored instruments.--For purposes of
determining full payment under paragraph (1), a payment to an
unpaid cash seller shall not be considered to have been made if
the unpaid cash seller receives a payment instrument that is
dishonored.
``(b) Preservation of Trust.--An unpaid cash seller shall lose the
benefit of a trust under subsection (a) if the unpaid cash seller has
not preserved the trust by giving written notice to the dealer involved
and filing such notice with the Secretary--
``(1) within 30 days of the final date for making a payment
under section 409 in the event that a payment instrument has
not been received; or
``(2) within 15 business days after the date on which the
seller receives notice that the payment instrument promptly
presented for payment has been dishonored.
``(c) Notice to Lien Holders.--When a dealer receives notice under
subsection (b) of the unpaid cash seller's intent to preserve the
benefits of the trust, the dealer shall, within 15 business days, give
notice to all persons who have recorded a security interest in, or lien
on, the livestock held in such trust.
``(d) Cash Sales Defined.--For the purpose of this section, a cash
sale means a sale in which the seller does not expressly extend credit
to the buyer.
``(e) Purchase of Livestock Subject to Trust.--
``(1) In general.--A person purchasing livestock subject to
a dealer trust shall receive good title to the livestock if the
person receives the livestock--
``(A) in exchange for payment of new value; and
``(B) in good faith without notice that the
transfer is a breach of trust.
``(2) Dishonored payment instrument.--Payment shall not be
considered to have been made if a payment instrument given in
exchange for the livestock is dishonored.
``(3) Transfer in satisfaction of antecedent debt.--A
transfer of livestock subject to a dealer trust is not for
value if the transfer is in satisfaction of an antecedent debt
or to a secured party pursuant to a security agreement.
``(f) Enforcement.--Whenever the Secretary has reason to believe
that a dealer subject to this section has failed to perform the duties
required by this section or whenever the Secretary has reason to
believe that it will be in the best interest of unpaid cash sellers,
the Secretary shall do one or more of the following--
``(1) appoint an independent trustee to carry out the
duties required by this section, preserve trust assets, and
enforce the trust;
``(2) serve as independent trustee, preserve trust assets,
and enforce the trust; or
``(3) file suit in the United States district court for the
district in which the dealer resides to enjoin the dealer's
failure to perform the duties required by this section,
preserve trust assets, and to enforce the trust. Attorneys
employed by the Secretary may, with the approval of the
Attorney General, represent the Secretary in any such suit.
Nothing herein shall preclude unpaid sellers from filing suit
to preserve or enforce the trust.''.
SEC. 60102. EMERGENCY ASSISTANCE FOR MARKET-READY LIVESTOCK AND POULTRY
LOSSES.
(a) In General.--The Secretary shall make payments to covered
producers to offset losses related to the intentional depopulation of
market-ready livestock and poultry due to insufficient regional
processing access related to the COVID-19 public health emergency, as
determined by the Secretary.
(b) Payment Rate for Covered Producers.--
(1) Payments for first 30-day period.--For a period of 30
days beginning, with respect to a covered producer, on the
initial date of depopulation described in subsection (a) of the
market-ready livestock or poultry of the covered producer, the
Secretary shall reimburse such covered producer for 85 percent
of the value of losses as determined under subsection (c).
(2) Subsequent 30-day periods.--For each 30-day period
subsequent to the 30-day period described in paragraph (1), the
Secretary shall reduce the value of the losses as determined
under subsection (c) with respect to a covered producer by 10
percent.
(c) Valuation.--In calculating the amount of losses for purposes of
the payment rates under subsection (b), the Secretary shall use the
average fair market value, as determined by the Secretary in
collaboration with the Chief Economist of the Department of Agriculture
and the Administrator of the Agricultural Marketing Service, for
market-ready livestock, where applicable, and market-ready poultry,
where applicable, during the period beginning March 1, 2020, and ending
on the date of the enactment of this section. In no case shall a
payment made under subsection (b) exceed the average market value of
market-ready livestock or poultry on the date of depopulation.
(d) Packer-owned Animals Excluded.--The Secretary may not make
payments under this section for the losses of packer-owned animals.
(e) Definitions.--In this section:
(1) Covered producer.--The term ``covered producer'' means
a person or legal entity that assumes the production and market
risks associated with the agricultural production of livestock
and poultry (as such terms are defined in section 2(a) of the
Packers and Stockyards Act, 1921 (7 U.S.C. 183(a)).
(2) Packer.--The term ``packer'' has the meaning given the
term in section 201 of the Packers and Stockyards Act, 1921 (7
U.S.C. 191).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(f) Funding.--There is appropriated, out of any funds in the
Treasury not otherwise appropriated, such sums as may be necessary to
carry out this section.
SEC. 60103. ANIMAL DISEASE PREVENTION AND MANAGEMENT RESPONSE.
Out of any amounts in the Treasury not otherwise appropriated,
there is appropriated to carry out section 10409A of the Animal Health
Protection Act (7 U.S.C. 8308A) $300,000,000, to remain available until
expended.
TITLE II--DAIRY
SEC. 60201. DAIRY DIRECT DONATION PROGRAM.
(a) Definitions.--In this section:
(1) Eligible dairy organization.--The term ``eligible dairy
organization'' is defined in section 1431(a) of the
Agricultural Act of 2014 (7 U.S.C. 9071(a)).
(2) Eligible distributor.--The term ``eligible
distributor'' means a public or private nonprofit organization
that distributes donated eligible dairy products to recipient
individuals and families.
(3) Eligible dairy products.--The term ``eligible dairy
products'' means products primarily made from milk produced and
processed within a Federal Milk Marketing Order.
(4) Eligible partnership.--The term ``eligible
partnership'' means a partnership between an eligible dairy
organization and an eligible distributor.
(b) Establishment and Purposes.--Not later than 45 days after the
enactment of this Act, the Secretary shall establish and administer a
direct dairy donation program for the purposes of--
(1) facilitating the timely donation of eligible dairy
products and
(2) preventing and minimizing food waste.
(c) Donation and Distribution Plans.--
(1) In general.--To be eligible to receive reimbursement
under this section, an eligible partnership shall submit to the
Secretary a donation and distribution plan that describes the
process that the eligible partnership will use for the
donation, processing, transportation, temporary storage, and
distribution of eligible dairy products.
(2) Review and approval.--No later than 15 business days
after receiving a plan described in paragraph (1), the
Secretary shall--
(A) review such plan; and
(B) issue an approval or disapproval of such plan.
(d) Reimbursement.--
(1) In general.--On receipt of appropriate documentation
under paragraph (2), the Secretary shall reimburse an eligible
dairy organization at a rate equal to the current Class I milk
price multiplied by the volume of milk required to make the
donated product.
(2) Special case.--In the case of donated Class I products,
the Secretary shall reimburse an eligible dairy organization at
a rate equal to the current Class I milk price plus 5 percent
multiplied by the volume of milk required to make the donated
Class I product.
(3) Documentation.--
(A) In general.--An eligible dairy organization
shall submit to the Secretary such documentation as the
Secretary may require to demonstrate the eligible dairy
product production and donation to the eligible
distributor.
(B) Verification.--The Secretary may verify the
accuracy of documentation submitted.
(3) Retroactive reimbursement.--In providing reimbursements
under paragraph (1), the Secretary may provide reimbursements
for milk costs incurred before the date on which the donation
and distribution plan for the applicable participating
partnership was approved by the Secretary.
(e) Prohibition on Resale of Products.--
(1) In general.--An eligible distributor that receives
eligible dairy products donated under this section may not sell
the products into commercial markets.
(2) Prohibition on future participation.--An eligible
distributor that the Secretary determines has violated
paragraph (1) shall not be eligible for any future
participation in the program established under this section.
(f) Reviews.--The Secretary shall conduct appropriate reviews or
audits to ensure the integrity of the program established under this
section.
(g) Publication of Donation Activity.--The Secretary, acting
through the Agricultural Marketing Service, shall publish on the
publicly accessible website of such agency periodic reports containing
donation activity under this section.
(h) Supplemental Reimbursements.--
(1) In general.--The Secretary may make a supplemental
reimbursement to an eligible dairy organization for an approved
donation and distribution plan in accordance with the milk
donation program established under section 1431 of the
Agricultural Act of 2014 (7 U.S.C. 9071).
(2) Reimbursement calculation.--A supplemental
reimbursement described in paragraph (1) shall be equal to the
value of--
(A) the sum of--
(i) the Class IV milk price for the
applicable month, plus
(ii) 5 percent of the Class I price for the
applicable month, multiplied by
(B) the volume of eligible milk under such approved
donation plan.
(i) Funding.--Out of the amounts of the Treasury not otherwise
appropriated, the Secretary shall use to carry out this section
$500,000,000 to remain available until expended.
SEC. 60202. SUPPLEMENTAL DAIRY MARGIN COVERAGE PAYMENTS.
(a) In General.--The Secretary shall provide supplemental dairy
margin coverage payments to eligible dairy operations described in
subsection (b)(1) 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.--
(1) In general.--An eligible dairy operation described in
this subsection is a dairy operation that--
(A) is located in the United States; and
(B) during a calendar year in which such dairy
operation is a participating dairy operation (as
defined in section 1401 of the Agricultural Act of 2014
(7 U.S.C. 9051)), has a production history established
under the dairy margin coverage program under 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 such section 1405.
(2) Limitation on eligibility.--An eligible dairy operation
shall only be eligible for payments under this section during a
calendar year in which such eligible dairy operation is
enrolled in the dairy margin coverage (as defined in section
1401 of the Agricultural Act of 2014 (7 U.S.C. 9051)).
(c) Supplemental Production History Calculation.--For purposes of
determining the production history of an eligible dairy operation under
this section, such dairy 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 dairy margin coverage 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 during a calendar year, an eligible
dairy operation's coverage percentage shall be equal to the
coverage percentage selected by such eligible dairy operation
with respect to such calendar year 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 an eligible dairy
operation's actual production for a calendar year such
that the total covered production history of such dairy
operation exceeds 5 million pounds.
(B) Determination of amount.--In calculating the
total covered production history of an eligible dairy
operation under subparagraph (A), the Secretary shall
multiply the coverage percentage selected by such
operation 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 for a calendar year shall be equal to the product of
multiplying--
(1) the Tier I premium cost calculated with respect to such
dairy operation for such year under section 1407(b) of the
Agricultural Act of 2014 (7 12 U.S.C. 9057(b)); by
(2) the production history calculation with respect to such
dairy operation 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) Prohibition With Respect to Dairy Margin Coverage Enrollment.--
The Secretary may not reopen or otherwise provide a special enrollment
for dairy margin coverage (as defined in section 1401 of the
Agricultural Act of 2014 (7 U.S.C. 9051)) for purposes of establishing
eligibility for supplemental dairy margin coverage payments under this
section.
(h) Retroactive Application for Calendar Year 2020.--The Secretary
shall make payments under this section to eligible dairy operations
described in subsection (b)(1) for months after and including January,
2020.
(i) Sunset.--The authority to make payments under this section
shall terminate on December 31, 2023.
(j) Funding.--Out of any amounts in the Treasury not otherwise
appropriated, there are made available such sums as may be necessary to
carry out this program.
SEC. 60203. RECOURSE LOAN PROGRAM FOR COMMERCIAL PROCESSORS OF DAIRY
PRODUCTS.
(a) In General.--The Secretary shall make recourse loans available
to qualified applicants during the COVID-19 pandemic.
(b) Amount of Loan.--
(1) In general.--A recourse loan made under this section
shall be provided to qualified applicants up to the value of
the eligible dairy product inventory of the applicant as
determined by the Secretary and consistent with subsection (c).
(2) Valuation.--For purposes of making recourse loans under
this section, the Secretary shall conduct eligible dairy
product valuations to provide, to the maximum extent
practicable, funds to continue the operations of qualified
applicants.
(c) Inventory Used as Collateral.--Eligible dairy product inventory
used as collateral for the recourse loan program under this section
shall be pledged on a rotating basis to prevent spoilage of perishable
products.
(d) Term of Loan.--A recourse loan under this section may be made
for a period as determined by the Secretary, except that no such
recourse loan may end after the date that is 24 months after the date
of the enactment of this section.
(e) Funding and Authorities.--Out of any amounts in the Treasury
not otherwise appropriated, there is made available $500,000,000 to
carry out this section.
(f) Definitions.--In this section:
(1) Eligible dairy products.--The term ``eligible dairy
products'' means all dairy products whether in base commodity
or finished product form.
(2) Qualified applicant.--The term ``qualified applicant''
means any commercial processors, packagers, merchants,
marketers, wholesalers, and distributors of eligible dairy
products impacted by COVID-19.
SEC. 60204. DAIRY MARGIN COVERAGE PREMIUM DISCOUNT FOR 3-YEAR SIGNUP.
The Secretary shall provide a 15 percent discount for the premiums
described in subsections (b) and (c) of section 1407 of the
Agricultural Act of 2014 (7 U.S.C. 9051) and the premium described in
section 60202(e) for a dairy operation (as defined in 1401 of such Act
(7 U.S.C. 9051)) that makes a 1-time, three-year election to enroll in
dairy margin coverage under part I of subtitle D of such Act for
calendar years 2021 through 2023.
TITLE III--SPECIALTY CROPS AND OTHER COMMODITIES
SEC. 60301. SUPPORT FOR SPECIALTY CROP SECTOR.
Section 101(l) of the Specialty Crops Competitiveness Act of 2004
(7 U.S.C. 1621 note) is amended by adding at the end the following:
``(3) COVID-19 outbreak relief.--
``(A) In general.--The Secretary shall make grants
to States eligible to receive a grant under this
section to assist State efforts to support the
specialty crop sector for impacts related to the COVID-
19 public health emergency.
``(B) Funding.--There is appropriated, out of any
funds in the Treasury not otherwise appropriated, to
carry out subparagraph (A) not less than $100,000,000,
to remain available until expended.''.
SEC. 60302. SUPPORT FOR LOCAL AGRICULTURAL MARKETS.
Section 210A(i) of the Agricultural Marketing Act of 1946 (7 U.S.C.
1627c(d)) is amended by adding at the end the following:
``(4) Grants for covid-19 losses.--
``(A) In general.--In addition to grants made under
the preceding provisions of this subsection, the
Secretary shall make grants to eligible entities
specified in subsection (d)(6)(B) to provide assistance
in response to the COVID-19 pandemic.
``(B) Matching funds applicability.--The Secretary
may not require a recipient of a grant under
subparagraph (A) to provide any nonFederal matching
funds.
``(F) Funding.--There is appropriated, out of any
funds in the Treasury not otherwise appropriated, to
carry out this paragraph, $50,000,000, to remain
available until expended.''.
SEC. 60303. SUPPORT FOR FARMING OPPORTUNITIES TRAINING AND OUTREACH.
Section 2501 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279) is amended by adding at the end the following:
``(m) Additional Funding.--
``(1) In general.--The Secretary shall make grants to, or
enter into cooperative agreements or contracts with, eligible
entities specified in subsection (c)(1) to provide training,
outreach, and technical assistance on operations, financing,
and marketing to beginning farmers and ranchers, socially
disadvantaged farmers and ranchers, and veteran farmers and
ranchers.
``(2) Matching funds applicability.--The Secretary may not
require a recipient of a grant under this subsection to provide
any nonFederal matching funds.
``(3) Funding.--There is appropriated, out of any funds in
the Treasury not otherwise appropriated, to carry out this
subsection, $50,000,000, to remain available until expended.''.
SEC. 60304. SUPPORT FOR FARM STRESS PROGRAMS.
(a) In General.--The Secretary shall make grants to State
departments of agriculture (or such equivalent department) to expand or
sustain stress assistance programs for individuals who are engaged in
farming, ranching, and other agriculture-related occupations,
including--
(1) programs that meet the criteria specified in section
7522(b)(1) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 5936(b)(1)); and
(2) any State initiatives carried out as of the date of the
enactment of this Act that provide stress assistance for such
individuals.
(b) Grant Timing and Amount.--In making grants under subsection
(a), not later than 60 days after the date of the enactment of this Act
and subject to subsection (c), the Secretary shall--
(1) make awards to States submitting State plans that meet
the criteria specified in paragraph (1)(A) of such subsection
within the time period specified by the Secretary, in an amount
not to exceed, $500,000 for each State; and
(2) of the amounts made available under subsection (f),
allocate among such States, an amount to be determined by the
Secretary.
(c) State Plan.--
(1) In general.--A State department of agriculture seeking
a grant under subsection (b) shall submit to the Secretary a
State plan to initiate, expand, or sustain stress assistance
programs described in subsection (a) that includes--
(A) a description of each activity and the
estimated amount of funding to support each program and
activity carried out through such a program;
(B) an estimated timeline for the operation of each
such program and activity;
(C) the total amount of funding sought; and
(D) an assurance that the State department of
agriculture will comply with the reporting requirement
under subsection (e).
(2) Guidance.--Not later than 20 days after the date of the
enactment of this Act, the Secretary shall issue guidance for
States with respect to the submission of a State plan under
paragraph (1) and the allocation criteria under subsection (b).
(3) Reallocation.--If, after the first grants are awarded
pursuant to allocation under subsection (b), any funds made
available under subsection (f) to carry out this subsection
remain unobligated, the Secretary shall--
(A) inform States that submit plans as described in
subsection (b), of such availability; and
(B) reallocate such funds among such States, as the
Secretary determines to be appropriate and equitable.
(d) Collaboration.--The Secretary may issue guidance to encourage
State departments of agriculture to use funds provided under this
section to support programs described in subsection (a) that are
operated by--
(1) Indian tribes (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304));
(2) State cooperative extension services; and
(3) nongovernmental organizations.
(e) Reporting.--Not later than 180 days after the public health
emergency declared under section 319 of the Public Health Services Act
(42 U.S.C. 247d) on January 31, 2020, is terminated, each State
receiving additional grants under subsection (b) shall submit a report
to the Secretary describing--
(1) the activities conducted using such funds;
(2) the amount of funds used to support each such activity;
and
(3) the estimated number of individuals served by each such
activity.
(f) Funding.--Out of any money not otherwise appropriated, there is
appropriated to carry out this section $28,000,000, to remain available
until expended.
(g) State Defined.--In this section, the term ``State'' means--
(1) a State;
(2) the District of Columbia;
(3) the Commonwealth of Puerto Rico; and
(4) any other territory or possession of the United States.
SEC. 60305. SUPPORT FOR PROCESSED COMMODITIES.
(a) Renewable Fuel Reimbursement Program.--
(1) In general.--The Secretary shall make payments in
accordance with this subsection to eligible entities that
experienced unexpected market losses as a result of the COVID-
19 pandemic during the applicable period.
(2) Definitions.--In this section:
(A) Applicable period.--The term ``applicable
period'' means January 1, 2020, through May 1, 2020.
(B) Eligible entity.--The term ``eligible entity''
means any domestic entity or facility that produced any
qualified fuel in the calendar year 2019.
(C) Qualified fuel.--The term ``qualified fuel''
means any renewable fuel or advanced biofuel (as such
terms are defined in section 211(o)(1) of the Clean Air
Act), including renewable fuel from corn starch
feedstock.
(3) Amount of payment.--The amount of the payment payable
to an eligible entity shall be the sum of--
(A) $0.45 multiplied by the number of gallons of
qualified fuel produced by the eligible entity during
the applicable period; and
(B) if the Secretary determines that the eligible
entity was unable to produce any qualified fuel
throughout 1 or more calendar months during the
applicable period due to the COVID-19 pandemic, $0.45
multiplied by 50 percent of the number of gallons
produced by the eligible entity in the corresponding
month or months in calendar year 2019.
(4) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report on the payments made under this subsection,
including the identity of each payment recipient and the amount
of the payment paid to the payment recipient.
(5) Funding.--There is made available, out of any funds in
the Treasury not otherwise appropriated, such sums as may be
necessary for payments to eligible entities under this
subsection.
(6) Administration.--
(A) In general.--The Secretary shall use the funds,
facilities, and authorities of the Commodity Credit
Corporation to carry out this subsection.
(B) Regulations.--
(i) In general.--Except as otherwise
provided in this subsection, not later than 30
days after the date of the enactment of this
Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall prescribe
such regulations as are necessary to carry out
this subsection.
(ii) Procedure.--The promulgation of
regulations under, and administration of, this
subsection shall be made without regard to--
(I) the notice and comment
provisions of section 553 of title 5,
United States Code; and
(II) chapter 35 of title 44, United
States Code (commonly known as the
``Paperwork Reduction Act'').
(b) Emergency Assistance for Textile Mills.--
(1) In general.--The Secretary shall make emergency
assistance available to domestic users of upland cotton and
extra long staple cotton in the form of a payment in an amount
determined under paragraph (2), regardless of the origin of
such upland cotton or extra long staple cotton, during the 10-
month period beginning on March 1, 2020.
(2) Calculation of assistance.--The amount of the
assistance provided under paragraph (1) to a domestic user
described in such paragraph shall be equal to 10 multiplied by
the product of--
(A) the domestic user's historical monthly average
consumption; and
(B) 6 cents per pound so consumed.
(3) Allowable use.--Any emergency assistance provided under
this section shall be made available only to domestic users of
upland cotton and extra long staple cotton that certify that
the assistance shall be used only for operating expenses.
(4) Historical monthly average consumption defined.--The
term ``historical monthly average consumption'' means the
average consumption for each month occurring during the period
beginning on January 1, 2017, and ending on December 31, 2019.
(5) Sunset.--The Secretary may not provide emergency
assistance under this section on or after December 31, 2020.
(6) Funding.--There is made available, out of any funds in
the Treasury not otherwise appropriated, such sums as may be
necessary to carry out this section.
SEC. 60306. DIRECT PAYMENTS TO AGRICULTURAL PRODUCERS.
(a) In General.--The Secretary shall make direct payments to
producers of specialty crops, livestock, and other commodities, to
cover losses in response to the COVID-19 pandemic.
(b) Payment Calculations.--Payment under subsection (a), shall be
calculated as follows:
(1) Specialty crops, livestock, and other commodities
covered by coronavirus food assistance program.--In the case of
losses of specialty crops, livestock, and other commodities
incurred during the first quarter of calendar year 2020 and
eligible to receive direct payments under the Department of
Agriculture's final rule for the Coronavirus Food Assistance
program of the Department of Agriculture, payments under
subsection (a) shall be made to producers to ensure that they
are compensated for 85 percent of the second quarter actual
losses estimated by the Secretary.
(2) Specialty crops, livestock, and other commodities not
covered by coronavirus food assistance program.--In the case of
losses of specialty crops, livestock, and other commodities for
which a producer is ineligible to receive direct payments under
the program referred to in paragraph (1), payments under
subsection (a) shall be equal to 85 percent of the actual
losses estimated by the Secretary for the first and second
quarters of calendar year 2020 for their commodity.
(c) Adjustment.--In calculating the amount of a payment under
subsection (b)(2), the Secretary shall account for price
differentiation factors for a given commodity based on location,
specialized varieties, and farming practices such as certified organic
products, by using--
(1) differentiated prices, as determined by the Risk
Management Agency for purposes of the Federal crop insurance
program under the Federal Crop Insurance Act (7 U.S.C. 1501 et
seq.), when available; and
(2) other data from the Department of Agriculture and
colleges and universities, to determine estimated prices.
(d) Adjusted Gross Income Limitations.--A payment under this
section shall be deemed to be a covered benefit under section
1001D(b)(2) of the Food Security Act of 1985 (7 U.S.C. 1308-3a(b)(2)),
unless at least 75 percent of the adjusted gross income of the
recipient of the payment is derived from farming, ranching, or
forestry-related activities.
(e) Payments.--The Secretary shall make payments under subsection
(a) not later than 60 days after the date of the enactment of this
section.
(f) Funding.--There is made available, out of any funds in the
Treasury not otherwise appropriated, to carry out this section
$16,500,000,000, to remain available until December 31, 2020.
(g) Notification.--Any obligation or expenditure under this section
shall be subject to the requirements described in section 20 of the
Commodity Credit Corporation Charter Act, as added by section 60402.
(h) Report to Congress.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report specifying
how price losses were calculated for each crop and crop differentiation
factor, and evaluating the implementation, costs, and general
effectiveness of this section and the Coronavirus Food Assistance
program of the Department of Agriculture.
TITLE IV--COMMODITY CREDIT CORPORATION
SEC. 60401. EMERGENCY ASSISTANCE.
Section 5 of the Commodity Credit Corporation Charter Act (15
U.S.C. 714c) is amended by redesignating subsection (h) as subsection
(j) and inserting the following:
``(h) Remove and dispose of or aid in the removal or disposition of
surplus livestock and poultry due to significant supply chain
interruption during an emergency period.
``(i) Aid agricultural processing plants to ensure supply chain
continuity during an emergency period.''.
SEC. 60402. CONGRESSIONAL NOTIFICATION.
The Commodity Credit Corporation Charter Act (15 U.S.C. 714 et
seq.) is amended by adding at the end the following new section:
``SEC. 20. CONGRESSIONAL NOTIFICATION AND OVERSIGHT ON SPENDING.
``(a) In General.--The Secretary shall notify in writing, by first-
class mail and electronic mail, the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate at least 90 calendar days (not counting any
day on which both the House of Representatives and Senate are not in
session) in advance of any obligation or expenditure authorized under
this Act.
``(b) Written Notice.--A written notice required under subsection
(a) shall specify--
``(1) the commodities that will be affected;
``(2) the maximum financial benefit per commodity;
``(3) the nature of the support, including--
``(A) direct payments;
``(B) technical and financial assistance;
``(C) marketing assistance; and
``(D) purchases;
``(4) the expected legal entities or individuals that would
receive financial benefits;
``(5) the intended policy goals;
``(6) the legal justification specifying the authority of
this Act utilized; and
``(7) the projected impacts to commodity markets.
``(c) Monitoring or Oversight.--The Comptroller General of the
United States shall conduct monitoring and oversight of the exercise of
authorities, the receipt, disbursement, and use of funds for which a
report is required under subsection (a).
``(d) Reports.--In conducting monitoring and oversight under
subsection (c), the Comptroller General shall 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 Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate and posted on the website of the Government
Accountability Office--
``(1) not later than 90 days after the initial obligation
or expenditure of funds subject to subsection (a), and every
other month thereafter for as long as such obligations or
expenditures continue; and
``(2) submit to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate additional reports as warranted by
the findings of the monitoring and oversight activities of the
Comptroller General.
``(e) Access to Information.--
``(1) Right of access.--In conducting monitoring and
oversight activities under subsection (c), 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 obligations or
expenditures subject to subsection (a), 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 obligations or expenditures
subject to subsection (a), 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
obligations or expenditures subject to subsection (a).
``(5) Enforcement.--Access rights under this subsection
shall be subject to enforcement consistent with section 716 of
title 31, United States Code.
``(f) 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.
``(g) Exception to Waiting Period.--Subsection (a) shall not apply
if, prior to obligating or spending any funding described in such
subsection, the Secretary obtains approval in writing from at least
three of the following individuals--
``(1) the Chair of the Committee on Agriculture of the
House of Representatives,
``(2) the Ranking Member of the Committee on Agriculture of
the House of Representatives,
``(3) the Chair of the Committee on Agriculture, Nutrition,
and Forestry of the Senate; and
``(4) the Ranking Member of the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
``(h) Exclusion for Preexisting Authorizations.--This section shall
not apply to obligations and expenditures authorized in the Agriculture
Improvement Act of 2018 (Public Law 115-334).''.
TITLE V--CONSERVATION
SEC. 60501. EMERGENCY SOIL HEALTH AND INCOME PROTECTION PILOT PROGRAM.
(a) Definition of Eligible Land.--In this section, the term
``eligible land'' means cropland that--
(1) is selected by the owner or operator of the land for
proposed enrollment in the pilot program under this section;
and
(2) as determined by the Secretary, had a cropping history
or was considered to be planted during each of the 3 crop years
preceding enrollment.
(b) Establishment.--
(1) In general.--The Secretary shall establish a voluntary
emergency soil health and income protection pilot program under
which eligible land is enrolled through the use of contracts to
assist owners and operators of eligible land to conserve and
improve the soil, water, and wildlife resources of the eligible
land.
(2) Deadline for participation.--Eligible land may be
enrolled in the program under this section through December 31,
2021.
(c) Contracts.--
(1) Requirements.--A contract described in subsection (b)
shall--
(A) be entered into by the Secretary, the owner of
the eligible land, and (if applicable) the operator of
the eligible land; and
(B) provide that, during the term of the contract--
(i) the lowest practicable cost perennial
conserving use cover crop for the eligible
land, as determined by the applicable State
conservationist after considering the advice of
the applicable State technical committee, shall
be planted on the eligible land;
(ii) subject to paragraph (4), the eligible
land may be harvested for seed, hayed, or
grazed outside the primary nesting season
established for the applicable county;
(iii) the eligible land may be eligible for
a walk-in access program of the applicable
State, if any; and
(iv) a nonprofit wildlife organization may
provide to the owner or operator of the
eligible land a payment in exchange for an
agreement by the owner or operator not to
harvest the conserving use cover.
(2) Payments.--
(A) Rental rate.--Except as provided in paragraph
(4)(B)(ii), the annual rental rate for a payment under
a contract described in subsection (b) shall be $70 per
acre.
(B) Advance payment.--At the request of the owner
and (if applicable) the operator of the eligible land,
the Secretary shall make all rental payments under a
contract entered into under this section within 30 days
of entering into such contract.
(C) Cost share payments.--A contract described in
subsection (b) shall provide that, during the term of
the contract, the Secretary shall pay, of the actual
cost of establishment of the conserving use cover crop
under paragraph (1)(B)(i), not more than $30 per acre.
(3) Term.--
(A) In general.--Except as provided in subparagraph
(B), each contract described in subsection (b) shall be
for a term of 3 years.
(B) Early termination.--
(i) Secretary.--The Secretary may terminate
a contract described in subsection (b) before
the end of the term described in subparagraph
(A) if the Secretary determines that the early
termination of the contract is appropriate.
(ii) Owners and operators.--An owner and
(if applicable) an operator of eligible land
enrolled in the pilot program under this
section may terminate a contract described in
subsection (b) before the end of the term
described in subparagraph (A) if the owner and
(if applicable) the operator pay to the
Secretary an amount equal to the amount of
rental payments received under the contract.
(4) Harvesting, haying, and grazing outside applicable
period.--The harvesting for seed, haying, or grazing of
eligible land under paragraph (1)(B)(ii) outside of the primary
nesting season established for the applicable county shall be
subject to the conditions that--
(A) with respect to eligible land that is so hayed
or grazed, adequate stubble height shall be maintained
to protect the soil on the eligible land, as determined
by the applicable State conservationist after
considering the advice of the applicable State
technical committee; and
(B) with respect to eligible land that is so
harvested for seed--
(i) the eligible land shall not be eligible
to be insured or reinsured under the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.); and
(ii) the annual rental rate for a payment
under a contract described in subsection (b)
shall be $52.50 per acre.
(d) Acreage Limitation.--Not more than 5,000,000 total acres of
eligible land may be enrolled under the pilot program under this
section.
(e) Funding.--There is appropriated, out of any funds in the
Treasury not otherwise appropriated, such sums as may be necessary to
carry out this section.
TITLE VI--NUTRITION
SEC. 60601. DEFINITIONS.
In this title:
(1) Covid-19 public health emergency.--The term ``COVID-19
public health emergency'' means the public health emergency
declared by the Secretary of Health and Human Services under
section 319 of the Public Health Services Act (42 U.S.C. 247d)
on January 31, 2020, with respect to COVID-19.
(2) Supplemental nutrition assistance program.--The term
``supplemental nutrition assistance program'' has the meaning
given such term in section 3(t) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2012(t)).
SEC. 60602. ENHANCED PROJECTS TO HARVEST, PROCESS, PACKAGE, OR
TRANSPORT DONATED COMMODITIES.
(a) Definitions.--In this section:
(1) Emergency feeding organization.--The term ``emergency
feeding organization'' has the meaning given the term in
section 201A of the Emergency Food Assistance Act of 1983 (7
U.S.C. 7501).
(2) Project.--The term ``project'' has the meaning given
the term in section 203D(d)(1) of the Emergency Food Assistance
Act of 1983 (7 U.S.C. 7507(d)(1)).
(3) Priority agricultural product.--The term ``priority
agricultural product'' means a dairy, meat, or poultry product,
or a specialty crop--
(A) packaged or marketed for sale to commercial or
food service industries;
(B) for which decreased demand exists for such a
product due to the COVID-19 outbreak; and
(C) the repurposing of which would be impractical
for grocery or retail sale.
(4) State.--The term ``State'' has the meaning given the
term in section 203D of the Emergency Food Assistance Act of
1983 (7 U.S.C. 7507).
(5) State agency.--The term ``State agency'' has the
meaning given the term in section 203D of the Emergency Food
Assistance Act of 1983 (7 U.S.C. 7507).
(b) Enhanced Projects.--
(1) In general.--Subject to paragraphs (3) and (4), using
funds made available under subsection (d), the Secretary may
provide funds to States to pay for harvesting, processing,
packaging, or transportation costs of carrying out a project.
(2) Guidance.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall issue guidance to
States--
(A) to carry out this section;
(B) to inform States of their allocations under
paragraph (3); and
(C) to encourage States to carry out projects that
work with agricultural producers, processors, and
distributors with priority agricultural products.
(3) Allocation.--
(A) Eligibility for allocation.--The Secretary
shall allocate funds made available under subsection
(d) based on the formula in effect under section 214(a)
of the Emergency Food Assistance Act of 1983 (7 U.S.C.
7515(a)), among States that timely submit a State plan
of operation for a project that includes--
(i) a list of emergency feeding
organizations in the State that will operate
the project in partnership with the State
agency;
(ii) at the option of the State, a list of
priority agricultural products located in the
State that are for donation to emergency
feeding organizations and ready for transport;
(iii) a description of how the project will
meet the purposes described in section
203D(d)(3) of the Emergency Food Assistance Act
of 1983 (7 U.S.C. 7507(d)(3)); and
(iv) a timeline of when the project will
begin operating.
(B) Reallocation.--If the Secretary determines that
a State will not expend all the funds allocated to the
State under subparagraph (A), the Secretary shall
reallocate the unexpended funds to other eligible
States.
(C) Report.--Each State that receives funds
allocated under this paragraph shall submit to the
Secretary financial reports on a regular basis
describing the use of the funds.
(4) Use of funds.--
(A) In general.--A State that receives funds under
section 203D(d)(5) of the Emergency Food Assistance Act
of 1983 (7 U.S.C. 7507(d)(5)) may--
(i) receive funds under this section; and
(ii) use funds received under this
section--
(I) to expand projects for which
funds are received under such section
203D(d)(5);
(II) to carry out new projects with
agricultural producers, processors, or
distributors participating in projects
for which funds are received under such
section 203D(d)(5); and
(III) to carry out projects with
agricultural producers, processors, or
distributors not participating in
projects for which funds are received
under such section 203D(d)(5).
(B) Federal share.--Funds received under this
section shall not be subject to the Federal share
limitation described in section 203D(d)(2)(B) of the
Emergency Food Assistance Act of 1983 (7 U.S.C.
7507(d)(2)(B)).
(c) Cooperative Agreements.--
(1) In general.--A State agency that carries out a project
using Federal funds received under this section may enter into
cooperative agreements with State agencies of other States
under section 203B(d) of the Emergency Food Assistance Act of
1983 (7 U.S.C. 7507(d)) to maximize the use of commodities
donated under the project.
(2) Submission.--Not later than 15 days after entering into
a cooperative agreement under paragraph (1), a State agency
shall submit such agreement to the Secretary.
(d) Appropriation of Funds.--Out of funds in the Treasury not
otherwise appropriated, there is appropriated to carry out this section
$25,000,000 to remain available until the September 30, 2021.
(e) Public Availability.--Not later than 10 days after the date of
the receipt or issuance of each document listed in paragraphs (1), (2),
or (3) of this subsection, the Secretary shall make publicly available
on the website of the Department of Agriculture the following
documents:
(1) Any guidance issued under subsection (b)(2).
(2) A State plan of operation or report submitted in
accordance with subsection (b)(3).
(3) A cooperative agreement submitted in accordance with
subsection (c).
SEC. 60603. EMERGENCY FOOD ASSISTANCE PROGRAM FLEXIBILITIES.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of Agriculture shall issue guidance to waive the non-Federal
match requirement under section 204(a)(4)(A) of the Emergency Food
Assistance Act of 1983 for funding appropriated in title I of division
A of this Act for costs associated with the distribution of
commodities.
(b) Public Availability.--The Secretary shall make available the
guidance document issued under subsection (a) on the public website of
the Department of Agriculture not later than 10 days after the date of
the issuance of such guidance.
(c) Effective Period.--The authority under this section shall
expire 30 days after the termination of the COVID-19 public health
emergency.
SEC. 60604. FLEXIBILITIES FOR SENIOR FARMERS' MARKET PROGRAM.
(a) Authority to Modify or Waive Rules.--Notwithstanding any other
provision of law and if requested by a State agency, the Secretary of
Agriculture may modify or waive any rule issued under section 4402 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007) that
applies to such State agency if the Secretary determines that--
(1) such State agency is unable to comply with such rule as
a result of COVID-19, and
(2) the requested modification or waiver is necessary to
enable such State agency to provide assistance to low-income
seniors under such section.
(b) Public Availability.--Not later than 10 days after the date of
the receipt or issuance of each document listed in paragraphs (1) and
(2) of this subsection, the Secretary shall make publicly available on
the website of the Department of Agriculture the following documents:
(1) Any request submitted by State agencies under
subsection (a).
(2) The Secretary's approval or denial of each such
request.
(c) Definition of State Agency.--The term ``State agency'' has the
meaning given such term in section 249.2 of 18 title 7 of the Code of
Federal Regulations.
(d) Effective Period.--Subsection (a) shall be in effect during the
period that begins on the date of the enactment of this Act and ends 30
days after the termination of the COVID-19 public health emergency.
SEC. 60605. FLEXIBILITIES FOR THE FOOD DISTRIBUTION PROGRAM ON INDIAN
RESERVATIONS.
(a) Waiver of Non-Federal Share Requirement.--Funds provided in
division B of the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136) for the food distribution program on Indian
reservations authorized by section 4(b) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2013(b)) shall not be subject to the payment of the
non-Federal share requirement described in section 4(b)(4)(A) of such
Act (7 U.S.C. 2013(b)(4)(A)).
(b) Flexibilities for Certain Households.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Agriculture may issue guidance to waive
or adjust section 4(b)(2)(C) of the Food and Nutrition Act of
2008 (7 U.S.C. 2013(b)(2)(C)) for any Tribal organization (as
defined in section 3(v) of such Act (7 U.S.C. 2012(v)), or for
an appropriate State agency administering the program
established under section 4(b) of such Act (7 U.S.C. 2013(b)),
to ensure that households on the Indian reservation who are
participating in the supplemental nutrition assistance program
and who are unable to access approved retail food stores due to
the outbreak of COVID-19 have access to commodities distributed
under section 4(b) of such Act.
(2) Public availability.--The Secretary shall make
available the guidance document issued under paragraph (1) on
the public website of the Department of Agriculture not later
than 10 days after the date of the issuance of such guidance.
(3) Sunset.--The authority under this subsection shall
expire 30 days after the termination of the COVID-19 public
health emergency.
SEC. 60606. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.
(a) Value of Benefits.--Notwithstanding any other provision of law,
beginning on June 1, 2020, and for each subsequent month through
September 30, 2021, 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 subsection.
(b) Minimum Amount.--
(1) 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.
(2) Effectiveness.--Paragraph (1) 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.
(c) Requirements for the Secretary.--In carrying out this section,
the Secretary shall--
(1) consider the benefit increases described in each of
subsections (a) and (b) to be a ``mass change'';
(2) require a simple process for States to notify
households of the increase in benefits;
(3) consider section 16(c)(3)(A) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2025(c)(3)(A)) to apply to any errors in
the implementation of this section, without regard to the 120-
day limit described in that section;
(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.
(d) Provisions for Impacted Workers.--Notwithstanding any other
provision of law, the requirements under subsections (d)(1)(A)(ii) and
(o) of section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015)
shall not be in effect during the period beginning on June 1, 2020, and
ending 2 years after the date of enactment of this Act.
(e) 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 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 Act, 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 Act) 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 Act) for participation in disaster
programs under section 5(h) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2014(h)).
(f) 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).
(g) Certain Exclusions From SNAP Income.--A Federal pandemic
unemployment compensation payment made to an individual under section
2104 of the CARES Act (Public Law 116-136) 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 the purpose of determining eligibility
for such individual or any other individual for benefits or assistance,
or the amount of benefits or assistance, under any programs authorized
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(h) Public Availability.--Not later than 10 days after the date of
the receipt or issuance of each document listed below, the Secretary
shall make publicly available on the website of the Department of
Agriculture the following documents:
(1) Any State agency request to participate in the
supplemental nutrition assistance program online program under
section 7(k).
(2) Any State agency request to waive, adjust, or modify
statutory or regulatory requirements under the Food and
Nutrition Act of 2008 related to the COVID-19 outbreak.
(3) The Secretary's approval or denial of each such request
under paragraphs (1) or (2).
(i) Funding.--There are hereby appropriated to the Secretary, out
of any money not otherwise appropriated, such sums as may be necessary
to carry out this section.
SEC. 60607. 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 COVID-19 public
health emergency, 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. 60608. SNAP NUTRITION EDUCATION FLEXIBILITY.
(a) In General.--Notwithstanding any other provision of law, the
Secretary may issue nationwide guidance to allow funding allocated
under section 28 of the Food and Nutrition Act (7 U.S.C. 2036a) to be
used for individuals distributing food in a non-congregate setting
under commodity distribution programs and child nutrition programs
administered by the Food and Nutrition Service of the Department of
Agriculture in States affected by the COVID-19 outbreak, provided that
any individuals who distribute school meals under--
(1) the school lunch program established under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
and
(2) the school breakfast program established under section
4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773);
using funds allocated under section 28 of the Food and Nutrition Act of
2008 (7 U.S.C. 2036a) supplement, not supplant, individuals who are
employed by local educational authorities as of the date of enactment
of this Act.
(b) Sunset.--The authority for this section shall expire 30 days
after the COVID-19 public health emergency is terminated.
DIVISION G--ACCOUNTABILITY AND GOVERNMENT OPERATIONS
TITLE I--ACCOUNTABILITY
SEC. 70101. MEMBERSHIP OF THE PANDEMIC RESPONSE ACCOUNTABILITY
COMMITTEE.
Section 15010(c) of the CARES Act (Public Law 116-136) is amended--
(1) in paragraph (1), by striking ``and (D)'' and inserting
``(D), and (E)''; and
(2) in paragraph (2)(E), by inserting ``of the Council''
after ``Chairperson''.
SEC. 70102. CONGRESSIONAL NOTIFICATION OF CHANGE IN STATUS OF INSPECTOR
GENERAL.
(a) Change in Status of Inspector General of Offices.--Section 3(b)
of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) by inserting ``, is placed on paid or unpaid non-duty
status,'' after ``is removed from office'';
(2) by inserting ``, change in status,'' after ``any such
removal''; and
(3) by inserting ``, change in status,'' after ``before the
removal''.
(b) Change in Status of Inspector General of Designated Federal
Entities.--Section 8G(e)(2) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) by inserting ``, is placed on paid or unpaid non-duty
status,'' after ``office'';
(2) by inserting ``, change in status,'' after ``any such
removal''; and
(3) by inserting ``, change in status,'' after ``before the
removal''.
(c) Effective Date.--The amendments made by this section shall take
effect 30 days after the date of the enactment of this Act.
SEC. 70103. PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN
INSPECTOR GENERAL.
(a) In General.--Subchapter III of chapter 33 of title 5, United
States Code, is amended by inserting after section 3349d the following
new section:
``Sec. 3349e. Presidential explanation of failure to nominate an
Inspector General
``If the President fails to make a formal nomination for a vacant
Inspector General position that requires a formal nomination by the
President to be filled within the period beginning on the date on which
the vacancy occurred and ending on the day that is 210 days after that
date, the President shall communicate, within 30 days after the end of
such period, to Congress in writing--
``(1) the reasons why the President has not yet made a
formal nomination; and
``(2) a target date for making a formal nomination.''.
(b) Clerical Amendment.--The table of sections for chapter 33 of
title 5, United States Code, is amended by inserting after the item
relating to 3349d the following new item:
``3349e. Presidential explanation of failure to nominate an Inspector
General.''.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
any vacancy first occurring on or after that date.
SEC. 70104. INSPECTOR GENERAL INDEPENDENCE.
(a) Short Title.--This section may be cited as the ``Inspector
General Independence Act''.
(b) Amendment.--The Inspector General Act of 1978 (5 U.S.C. App.)
is amended--
(1) in section 3(b)--
(A) by striking ``An Inspector General'' and
inserting ``(1) An Inspector General'';
(B) by inserting after ``by the President'' the
following: ``in accordance with paragraph (2)''; and
(C) by inserting at the end the following new
paragraph:
``(2) The President may remove an Inspector General only
for any of the following grounds:
``(A) Permanent incapacity.
``(B) Inefficiency.
``(C) Neglect of duty.
``(D) Malfeasance.
``(E) Conviction of a felony or conduct involving
moral turpitude.
``(F) Knowing violation of a law, rule, or
regulation.
``(G) Gross mismanagement.
``(H) Gross waste of funds.
``(I) Abuse of authority.''; and
(2) in section 8G(e)(2), by adding at the end the following
new sentence: "An Inspector General may be removed only for any
of the following grounds:
``(A) Permanent incapacity.
``(B) Inefficiency.
``(C) Neglect of duty.
``(D) Malfeasance.
``(E) Conviction of a felony or conduct involving
moral turpitude.
``(F) Knowing violation of a law, rule, or
regulation.
``(G) Gross mismanagement.
``(H) Gross waste of funds.
``(I) Abuse of authority.''.
SEC. 70105. USPS INSPECTOR GENERAL OVERSIGHT RESPONSIBILITIES.
The Inspector General of the United States Postal Service shall--
(1) conduct oversight, audits, and investigations of
projects and activities carried out with funds provided in
division A of this Act to the United States Postal Service; and
(2) not less than 90 days after the Postal Service
commences use of funding provided by division A of this Act,
and annually thereafter, initiate an audit of the Postal
Service's use of appropriations and borrowing authority
provided by any division of this Act, including the use of
funds to cover lost revenues, costs due to COVID-19, and
expenditures, and submit a copy of such audit to the Committee
on Homeland Security and Governmental Affairs of the Senate,
the Committee on Oversight and Reform of the House of
Representatives, and the Committees on Appropriations of the
House of Representatives and the Senate.
TITLE II--CENSUS MATTERS
SEC. 70201. MODIFICATION OF 2020 CENSUS DEADLINES AND TABULATION OF
POPULATION.
(a) Deadline Modification.--Notwithstanding the timetables provided
in sections 141(b) and (c) of title 13, United States Code, and section
22(a) of the Act entitled ``An Act to provide for the fifteenth and
subsequent decennial censuses and to provide for an apportionment of
Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a(a)),
for the 2020 decennial census of the population--
(1) the tabulation of total population by States required
by section 141(a) of such title for the apportionment of
Representatives in Congress among the several States shall be
completed and reported by the Secretary to the President within
13 months after the decennial census date of April 1, 2020, and
shall be made public by the Secretary no later than the date on
which it is reported to the President;
(2) the President shall transmit to the Congress a
statement showing the whole number of persons in each State,
and the number of Representatives to which each State would be
entitled under an apportionment of the then existing number of
Representatives, as required by such section 22(a), and
determined solely as described therein, within 14 days after
receipt of the tabulation reported by the Secretary; and
(3) the tabulations of populations required by section
141(c) of such title shall be completed by the Secretary as
expeditiously as possible after the census date of April 1,
2020, taking into account each State's deadlines for
legislative apportionment or districting, and reported to the
Governor of the State involved and to the officers or public
bodies having responsibility for legislative apportionment or
districting of such State, except that such tabulations of
population of each State requesting a tabulation plan, and
basic tabulations of population of each other State, shall be
completed, reported, and transmitted to each respective State
within 16 months after the decennial census date of April 1,
2020.
(b) Quality.--Data products and tabulations produced by the Bureau
of the Census pursuant to sections 141(b) or (c) of title 13, United
States Code, in connection with the 2020 decennial census shall meet
the same or higher data quality standards as similar products produced
by the Bureau of the Census in connection with the 2010 decennial
census.
SEC. 70202. REPORTING REQUIREMENTS FOR 2020 CENSUS.
On the first day of each month during the period between the date
of enactment of this Act and July 1, 2021, the Director of the Bureau
of the Census shall submit, to the Committee on Oversight and Reform of
the House of Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committees on
Appropriations of the House and the Senate, a report regarding the 2020
decennial census of population containing the following information:
(1) The total number of field staff, sorted by category,
hired by the Bureau compared to the number of field staff the
Bureau estimated was necessary to carry out such census.
(2) Retention rates of such hired field staff.
(3) Average wait time for call center calls and average
wait time for each language provided.
(4) Anticipated schedule of such census operations.
(5) Total tabulated responses, categorized by race and
Hispanic origin.
(6) Total appropriations available for obligation for such
census and a categorized list of total disbursements.
(7) Non-Response Follow-Up completion rates by geographic
location.
(8) Update/Enumerate and Update/Leave completion rates by
geographic location.
(9) Total spending to date on media, advertisements, and
partnership specialists, including a geographic breakdown of
such spending.
(10) Post-enumeration schedule and subsequent data
aggregation and delivery progress.
SEC. 70203. PROVIDING BUREAU OF THE CENSUS ACCESS TO INFORMATION FROM
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 of population.
(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) 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 student to inform the institution that any or all
of the information designated should not be released without
the student's prior consent. No institution of higher education
shall provide the Bureau with the information of any individual
who has objected to the provision of such information.
(3) 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) Definition of Institution of Higher Education.--In this
section, 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).
(d) Sunset.--The authority provided in this section shall expire at
the conclusion of 2020 census operations.
SEC. 70204. LIMITATION ON TABULATION OF CERTAIN DATA.
(a) Limitation.--The Bureau of the Census may not compile or
produce any data product or tabulation as part of, in combination with,
or in connection with, the 2020 decennial census of population or any
such census data produced pursuant to section 141(c) of title 13,
United States Code, that is based in whole or in part on data that is
not collected in such census.
(b) Exception.--The limitation in subsection (a) shall not apply to
any data product or tabulation that is required by sections 141(b) or
(c) of such title, that uses the same or substantially similar
methodology and data sources as a decennial census data product
produced by the Bureau of the Census before January 1, 2019, or that
uses a methodology and data sources that the Bureau of the Census
finalized and made public prior to January 1, 2018.
TITLE III--FEDERAL WORKFORCE
SEC. 70301. 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--
(i) an employee of the Library of Congress;
(ii) an employee of the Government
Accountability Office;
(iii) a covered employee as defined in
section 101 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1301), other than an
applicant for employment;
(iv) a covered employee as defined in
section 411(c) of title 3, United States Code;
(v) a Federal officer or employee covered
under subchapter V of chapter 63 of title 5,
United States Code; or
(vi) any other 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 70302 (c) of the HEROES 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 imparove
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. 70302. RETIREMENT FOR CERTAIN EMPLOYEES.
(a) CSRS.--Section 8336(c) of title 5, United States Code, is
amended by adding at the end the following:
``(3)(A) In this paragraph--
``(i) the term `affected individual' means
an individual covered under this subchapter
who--
``(I) is performing service in a
covered position;
``(II) is diagnosed with COVID-19
before the date on which the individual
becomes entitled to an annuity under
paragraph (1) of this subsection or
subsection (e), (m), or (n), as
applicable;
``(III) because of the illness
described in subclause (II), is
permanently unable to render useful and
efficient service in the employee's
covered position, as determined by the
agency in which the individual was
serving when such individual incurred
the illness; and
``(IV) is appointed to a position
in the civil service that--
``(aa) is not a covered
position; and
``(bb) is within an agency
that regularly appoints
individuals to supervisory or
administrative positions
related to the activities of
the former covered position of
the individual;
``(ii) the term `covered position' means a
position as a law enforcement officer, customs
and border protection officer, firefighter, air
traffic controller, nuclear materials courier,
member of the Capitol Police, or member of the
Supreme Court Police; and
``(iii) the term `COVID-19' means the 2019
Novel Coronavirus or 2019-nCoV.
``(B) Unless an affected individual files an
election described in subparagraph (E), creditable
service by the affected individual in a position
described in subparagraph (A)(i)(IV) shall be treated
as creditable service in a covered position for
purposes of this chapter and determining the amount to
be deducted and withheld from the pay of the affected
individual under section 8334.
``(C) Subparagraph (B) shall only apply if the
affected employee transitions to a position described
in subparagraph (A)(i)(IV) without a break in service
exceeding 3 days.
``(D) The service of an affected individual shall
no longer be eligible for treatment under subparagraph
(B) if such service occurs after the individual--
``(i) is transferred to a supervisory or
administrative position related to the
activities of the former covered position of
the individual; or
``(ii) meets the age and service
requirements that would subject the individual
to mandatory separation under section 8335 if
such individual had remained in the former
covered position.
``(E) In accordance with procedures established by
the Director of the Office of Personnel Management, an
affected individual may file an election to have any
creditable service performed by the affected individual
treated in accordance with this chapter without regard
to subparagraph (B).
``(F) Nothing in this paragraph shall be construed
to apply to such affected individual any other pay-
related laws or regulations applicable to a covered
position.''.
(b) FERS.--
(1) In general.--Section 8412(d) of title 5, United States
Code, is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by inserting ``(1)'' before ``An employee'';
and
(C) by adding at the end the following:
``(2)(A) In this paragraph--
``(i) the term `affected individual' means
an individual covered under this chapter who--
``(I) is performing service in a
covered position;
``(II) is diagnosed with COVID-19
before the date on which the individual
becomes entitled to an annuity under
paragraph (1) of this subsection or
subsection (e), as applicable;
``(III) because of the illness
described in subclause (II), is
permanently unable to render useful and
efficient service in the employee's
covered position, as determined by the
agency in which the individual was
serving when such individual incurred
the illness; and
``(IV) is appointed to a position
in the civil service that--
``(aa) is not a covered
position; and
``(bb) is within an agency
that regularly appoints
individuals to supervisory or
administrative positions
related to the activities of
the former covered position of
the individual;
``(ii) the term `covered position' means a
position as a law enforcement officer, customs
and border protection officer, firefighter, air
traffic controller, nuclear materials courier,
member of the Capitol Police, or member of the
Supreme Court Police; and
``(iii) the term `COVID-19' means the 2019
Novel Coronavirus or 2019-nCoV.
``(B) Unless an affected individual files an
election described in subparagraph (E), creditable
service by the affected individual in a position
described in subparagraph (A)(i)(IV) shall be treated
as creditable service in a covered position for
purposes of this chapter and determining the amount to
be deducted and withheld from the pay of the affected
individual under section 8422.
``(C) Subparagraph (B) shall only apply if the
affected employee transitions to a position described
in subparagraph (A)(i)(IV) without a break in service
exceeding 3 days.
``(D) The service of an affected individual shall
no longer be eligible for treatment under subparagraph
(B) if such service occurs after the individual--
``(i) is transferred to a supervisory or
administrative position related to the
activities of the former covered position of
the individual; or
``(ii) meets the age and service
requirements that would subject the individual
to mandatory separation under section 8425 if
such individual had remained in the former
covered position.
``(E) In accordance with procedures established by
the Director of the Office of Personnel Management, an
affected individual may file an election to have any
creditable service performed by the affected individual
treated in accordance with this chapter without regard
to subparagraph (B).
``(F) Nothing in this paragraph shall be construed
to apply to such affected individual any other pay-
related laws or regulations applicable to a covered
position.''.
(2) Technical and conforming amendments.--
(A) Chapter 84 of title 5, United States Code, is
amended--
(i) in section 8414(b)(3), by inserting
``(1)'' after ``subsection (d)'';
(ii) in section 8415--
(I) in subsection (e), in the
matter preceding paragraph (1), by
inserting ``(1)'' after ``subsection
(d)''; and
(II) in subsection (h)(2)(A), by
striking ``(d)(2)'' and inserting
``(d)(1)(B)'';
(iii) in section 8421(a)(1), by inserting
``(1)'' after ``(d)'';
(iv) in section 8421a(b)(4)(B)(ii), by
inserting ``(1)'' after ``section 8412(d)'';
(v) in section 8425, by inserting ``(1)''
after ``section 8412(d)'' each place it
appears; and
(vi) in section 8462(c)(3)(B)(ii), by
inserting ``(1)'' after ``subsection (d)''.
(B) Title VIII of the Foreign Service Act of 1980
(22 U.S.C. 4041 et seq.) is amended--
(i) in section 805(d)(5) (22 U.S.C.
4045(d)(5)), by inserting ``(1)'' after ``or
8412(d)''; and
(ii) in section 812(a)(2)(B) (22 U.S.C.
4052(a)(2)(B)), by inserting ``(1)'' after ``or
8412(d)''.
(c) CIA Employees.--Section 302 of the Central Intelligence Agency
Retirement Act (50 U.S.C. 2152) is amended by adding at the end the
following:
``(d) Employees Disabled on Duty.--
``(1) Definitions.--In this subsection--
``(A) the term `affected employee' means an
employee of the Agency covered under subchapter II of
chapter 84 of title 5, United States Code, who--
``(i) is performing service in a position
designated under subsection (a);
``(ii) is diagnosed with COVID-19 before
the date on which the employee becomes entitled
to an annuity under section 233 of this Act or
section 8412(d)(1) of title 5, United States
Code;
``(iii) because of the illness described in
clause (ii), is permanently unable to render
useful and efficient service in the employee's
covered position, as determined by the
Director; and
``(iv) is appointed to a position in the
civil service that is not a covered position
but is within the Agency;
``(B) the term `covered position' means a position
as--
``(i) a law enforcement officer described
in section 8331(20) or 8401(17) of title 5,
United States Code;
``(ii) a customs and border protection
officer described in section 8331(31) or
8401(36) of title 5, United States Code;
``(iii) a firefighter described in section
8331(21) or 8401(14) of title 5, United States
Code;
``(iv) an air traffic controller described
in section 8331(30) or 8401(35) of title 5,
United States Code;
``(v) a nuclear materials courier described
in section 8331(27) or 8401(33) of title 5,
United States Code;
``(vi) a member of the United States
Capitol Police;
``(vii) a member of the Supreme Court
Police;
``(viii) an affected employee; or
``(ix) a special agent described in section
804(15) of the Foreign Service Act of 1980 (22
U.S.C. 4044(15)); and
``(C) the term `COVID-19' means the 2019 Novel
Coronavirus or 2019-nCoV.
``(2) Treatment of service after disability.--Unless an
affected employee files an election described in paragraph (3),
creditable service by the affected employee in a position
described in paragraph (1)(A)(iv) shall be treated as
creditable service in a covered position for purposes of this
Act and chapter 84 of title 5, United States Code, including
eligibility for an annuity under section 233 of this Act or
8412(d)(1) of title 5, United States Code, and determining the
amount to be deducted and withheld from the pay of the affected
employee under section 8422 of title 5, United States Code.
``(3) Break in service.--Paragraph (2) shall only apply if
the affected employee transitions to a position described in
paragraph (1)(A)(iv) without a break in service exceeding 3
days.
``(4) Limitation on treatment of service.--The service of
an affected employee shall no longer be eligible for treatment
under paragraph (2) if such service occurs after the employee
is transferred to a supervisory or administrative position
related to the activities of the former covered position of the
employee.
``(5) Opt out.--An affected employee may file an election
to have any creditable service performed by the affected
employee treated in accordance with chapter 84 of title 5,
United States Code, without regard to paragraph (2).''.
(d) Foreign Service Retirement and Disability System.--Section
806(a)(6) of the Foreign Service Act of 1980 (22 U.S.C. 4046(a)(6)) is
amended by adding at the end the following:
``(D)(i) In this subparagraph--
``(I) the term `affected special
agent' means an individual covered
under this subchapter who--
``(aa) is performing
service as a special agent;
``(bb) is diagnosed with
COVID-19 before the date on
which the individual becomes
entitled to an annuity under
section 811;
``(cc) because of the
illness described in item (bb),
is permanently unable to render
useful and efficient service in
the employee's covered
position, as determined by the
Secretary; and
``(dd) is appointed to a
position in the Foreign Service
that is not a covered position;
``(II) the term `covered position'
means a position as--
``(aa) a law enforcement
officer described in section
8331(20) or 8401(17) of title
5, United States Code;
``(bb) a customs and border
protection officer described in
section 8331(31) or 8401(36) of
title 5, United States Code;
``(cc) a firefighter
described in section 8331(21)
or 8401(14) of title 5, United
States Code;
``(dd) an air traffic
controller described in section
8331(30) or 8401(35) of title
5, United States Code;
``(ee) a nuclear materials
courier described in section
8331(27) or 8401(33) of title
5, United States Code;
``(ff) a member of the
United States Capitol Police;
``(gg) a member of the
Supreme Court Police;
``(hh) an employee of the
Agency designated under section
302(a) of the Central
Intelligence Agency Retirement
Act (50 U.S.C. 2152(a)); or
``(ii) a special agent; and
``(III) the term `COVID-19' means
the 2019 Novel Coronavirus or 2019-
nCoV.
``(ii) Unless an affected special agent files an
election described in clause (iv), creditable service
by the affected special agent in a position described
in clause (i)(I)(dd) shall be treated as creditable
service as a special agent for purposes of this
subchapter, including determining the amount to be
deducted and withheld from the pay of the individual
under section 805.
``(iii) Clause (ii) shall only apply if the special
agent transitions to a position described in clause
(i)(I)(dd) without a break in service exceeding 3 days.
``(iv) The service of an affected employee shall no
longer be eligible for treatment under clause (ii) if
such service occurs after the employee is transferred
to a supervisory or administrative position related to
the activities of the former covered position of the
employee.
``(v) In accordance with procedures established by
the Secretary, an affected special agent may file an
election to have any creditable service performed by
the affected special agent treated in accordance with
this subchapter, without regard to clause (ii).''.
(e) Implementation.--
(1) Office of personnel management.--The Director of the
Office of Personnel Management shall promulgate regulations to
carry out the amendments made by subsections (a) and (b).
(2) CIA employees.--The Director of the Central
Intelligence Agency shall promulgate regulations to carry out
the amendment made by subsection (c).
(3) Foreign service retirement and disability system.--The
Secretary of State shall promulgate regulations to carry out
the amendment made by subsection (d).
(4) Agency reappointment.--The regulations promulgated to
carry out the amendments made by this section shall ensure
that, to the greatest extent possible, the head of each agency
appoints affected employees or special agents to supervisory or
administrative positions related to the activities of the
former covered position of the employee or special agent.
(5) Treatment of service.--The regulations promulgated to
carry out the amendments made by this section shall ensure that
the creditable service of an affected employee or special agent
(as the case may be) that is not in a covered position pursuant
to an election made under such amendments shall be treated as
the same type of service as the covered position in which the
employee or agent suffered the qualifying illness.
(f) Effective Date; Applicability.--The amendments made by this
section--
(1) shall take effect on the date of enactment of this
section; and
(2) shall apply to an individual who suffers an illness
described in section 8336(c)(3)(A)(i)(II) or section
8412(d)(2)(A)(i)(II) of title 5, United States Code (as amended
by this section), section 302(d)(1)(A)(ii) of the Central
Intelligence Agency Retirement Act (as amended by this
section), or section 806(a)(6)(D)(i)(I)(bb) of the Foreign
Service Act of 1980 (as amended by this section), on or after
the date that is 2 years after the date of enactment of this
section.
SEC. 70303. PRESUMPTION OF ELIGIBILITY FOR WORKERS' COMPENSATION
BENEFITS FOR FEDERAL EMPLOYEES DIAGNOSED WITH
CORONAVIRUS.
(a) In General.--An employee who is diagnosed with COVID-19 during
the period described in subsection (b)(2)(A) shall, with respect to any
claim made by or on behalf of the employee for benefits under
subchapter I of chapter 81 of title 5, United States Code, be deemed to
have an injury proximately caused by exposure to coronavirus arising
out of the nature of the employee's employment and be presumptively
entitled to such benefits, including disability compensation, medical
services, and survivor benefits.
(b) Definitions.--In this section--
(1) the term ``coronavirus'' means SARS- CoV-2 or another
coronavirus with pandemic potential; and
(2) the term ``employee''--
(A) means an employee as that term is defined in
section 8101(1) of title 5, United States Code,
(including an employee of the United States Postal
Service, the Transportation Security Administration, or
the Department of Veterans Affairs, including any
individual appointed under chapter 73 or 74 of title
38, United States Code) employed in the Federal service
at anytime during the period beginning on January 27,
2020, and ending on January 30, 2022--
(i) who carried out duties requiring
contact with patients, members of the public,
or co-workers; or
(ii) whose duties include a risk of
exposure to the coronavirus; and
(B) does not include any employee otherwise covered
by subparagraph (A) who is teleworking on a full-time
basis during all of such period.
TITLE IV--FEDERAL CONTRACTING PROVISIONS
SEC. 70401. MANDATORY TELEWORK.
(a) In General.--During the emergency period, the Director of the
Office of Management and Budget shall direct agencies to allow telework
for all contractor personnel to the maximum extent practicable.
Additionally, the Director shall direct contracting officers to
document any decision to not allow telework during the emergency period
in the contract file.
(b) Emergency Period Defined.--In this section, the term
``emergency period'' means the period that--
(1) begins on the date that is not later than 15 days after
the date of the enactment of this Act; and
(2) ends on the date that the public health emergency
declared pursuant to section 319 of the Public Health Service
Act (42 U.S.C. 247d) as result of COVID-19, including any
renewal thereof, expires.
SEC. 70402. GUIDANCE ON THE IMPLEMENTATION OF SECTION 3610 OF THE CARES
ACT.
Not later than 15 days after the date of the enactment of this Act,
the Director of the Office of Management and Budget shall issue
guidance to ensure uniform implementation across agencies of section
3610 of the CARES Act (Public Law 116-136). Any such guidance shall--
(1) limit the basic requirements for reimbursement to those
included in such Act and the effective date for such
reimbursement shall be January 31, 2020; and
(2) clarify that the term ``minimum applicable contract
billing rates'' as used in such section includes the financial
impact incurred as a consequence of keeping the employees or
subcontractors of the contractor in a ready state (such as the
base hourly wage rate of an employee, plus indirect costs,
fees, and general and administrative expenses).
SEC. 70403. PAST PERFORMANCE RATINGS.
Section 1126 of title 41, United States Code, is amended by adding
at the end the following new subsection:
``(c) Exception for Failure to Deliver Goods or Complete Work Due
to Covid-19.--If the head of an executive agency determines that a
contractor failed to deliver goods or complete work as a result of
measures taken as a result of COVID-19 under a contract with the agency
by the date or within the time period imposed by the contract, any
information relating to such failure may not be--
``(1) included in any past performance database used by
executive agencies for making source selection decisions; or
``(2) evaluated unfavorably as a factor of past contract
performance.''.
SEC. 70404. ACCELERATED PAYMENTS.
Not later than 10 days after the date of the enactment of this Act
and ending on the expiration of the 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, the
Director of the Office of Management and Budget shall direct
contracting officers to establish an accelerated payment date for any
prime contract (as defined in section 8701 of title 41, United States
Code) with payments due 15 days after the receipt of a proper invoice.
TITLE V--DISTRICT OF COLUMBIA
SEC. 70501. SPECIAL BORROWING BY THE DISTRICT OF COLUMBIA.
(a) Authorizing Borrowing Under Municipal Liquidity Facility of
Federal Reserve Board and Similar Facilities or Programs.--The Council
of the District of Columbia (hereafter in this section referred to as
the ``Council'') may by act authorize the issuance of bonds, notes, and
other obligations, in amounts determined by the Chief Financial Officer
of the District of Columbia to meet cash-flow needs of the District of
Columbia government, for purchase by the Board of Governors of the
Federal Reserve under the Municipal Liquidity Facility of the Federal
Reserve or any other facility or program of the Federal Reserve or
another entity of the Federal government which is established in
response to the COVID-19 Pandemic.
(b) Requiring Issuance to Be Competitive With Other Forms of
Borrowing.--The Council may authorize the issuance of bonds, notes, or
other obligations under subsection (a) only if the issuance of such
bonds, notes, and other obligations is competitive with other forms of
borrowing in the financial market.
(c) Treatment as General Obligation.--Any bond, note, or other
obligation issued under subsection (a) shall, if provided in the act of
the Council, be a general obligation of the District.
(d) Payments Not Subject to Appropriation.--No appropriation is
required to pay--
(1) any amount (including the amount of any accrued
interest or premium) obligated or expended from or pursuant to
subsection (a) for or from the sale of any bonds, notes, or
other obligation under such subsection;
(2) any amount obligated or expended for the payment of
principal of, interest on, or any premium for any bonds, notes,
or other obligations issued under subsection (a);
(3) any amount obligated or expended pursuant to provisions
made to secure any bonds, notes, or other obligations issued
under subsection (a); or
(4) any amount obligated or expended pursuant to
commitments, including lines of credit or costs of issuance,
made or entered in connection with the issuance of any bonds,
notes, or other obligations for operating or capital costs
financed under subsection (a).
(e) Renewal.--Any bond, note, or other obligation issued under
subsection (a) may be renewed if authorized by an act of the Council.
(f) Payment.--Any bonds, notes, or other obligations issued under
subsection (a), including any renewal of such bonds, notes, or other
obligations, shall be due and payable on such terms and conditions as
are consistent with the terms and conditions of the Municipal Liquidity
Facility or other facility or program referred to in subsection (a).
(g) Inclusion of Payments in Annual Budget.--The Council shall
provide in each annual budget for the District of Columbia government
sufficient funds to pay the principal of and interest on all bonds,
notes, or other obligations issued under subsection (a) of this section
becoming due and payable during such fiscal year.
(h) Obligation to Pay.--The Mayor of the District of Columbia shall
ensure that the principal of and interest on all bonds, notes, or other
obligations issued under subsection (a) are paid when due, including by
paying such principal and interest from funds not otherwise legally
committed.
(i) Security Interest in District Revenues.--The Council may by act
provide for a security interest in any District of Columbia revenues as
additional security for the payment of any bond, note, or other
obligation issued under subsection (a).
TITLE VI--OTHER MATTERS
SEC. 70601. ESTIMATES OF AGGREGATE ECONOMIC GROWTH ACROSS INCOME
GROUPS.
(a) Short Title.--This section may be cited as the ``Measuring Real
Income Growth Act of 2020''.
(b) Definitions.--In this section:
(1) Bureau.--The term ``Bureau'' means the Bureau of
Economic Analysis of the Department of Commerce.
(2) Gross domestic product analysis.--The term ``gross
domestic product analysis''--
(A) means a quarterly or annual analysis conducted
by the Bureau with respect to the gross domestic
product of the United States; and
(B) includes a revision prepared by the Bureau of
an analysis described in subparagraph (A).
(3) Recent estimate.--The term ``recent estimate'' means
the most recent estimate described in subsection (c) that is
available on the date on which the gross domestic product
analysis with which the estimate is to be included is
conducted.
(c) Inclusion in Reports.--Beginning in 2020, in each gross
domestic product analysis conducted by the Bureau, the Bureau shall
include a recent estimate of, with respect to specific percentile
groups of income, the total amount that was added to the economy of the
United States during the period to which the recent estimate pertains,
including in--
(1) each of the 10 deciles of income; and
(2) the highest 1 percent of income.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce such sums as are necessary to
carry out this section.
SEC. 70602. WAIVER OF MATCHING FUNDS REQUIREMENT FOR THE DRUG FREE
COMMUNITIES SUPPORT PROGRAM.
The matching funds requirement under paragraphs (1)(A)(i),
(1)(A)(iii), and (3)(D) of section 1032(b) of the Anti-Drug Abuse Act
of 1988 (21 U.S.C. 1532(b)) may be modified or waived by the
Administrator if a grantee or applicant is unable to meet the
requirement as a result of the 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.
SEC. 70603. UNITED STATES POSTAL SERVICE BORROWING AUTHORITY.
Subsection (b)(2) of section 6001 of the Coronavirus Aid, Relief,
and Economic Security Act (Public Law 116-136) is amended to read as
follows:
``(2) the Secretary of the Treasury shall lend up to the
amount described in paragraph (1) at the request of the Postal
Service subject to the terms and conditions of the note
purchase agreement between the Postal Service and the Federal
Financing Bank in effect on September 29, 2018.''.
DIVISION H--VETERANS AND SERVICEMEMBERS PROVISIONS
SEC. 80001. MODIFICATION OF PAY LIMITATION FOR CERTAIN HIGH-LEVEL
EMPLOYEES AND OFFICERS OF THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) Modification.--Section 7404(d) of title 38, United States Code,
is amended by inserting ``and except for individuals appointed under
7401(4) and 7306 of this title,'' after ``section 7457 of this
title,''.
(b) Waivers.--
(1) In general.--The Secretary of Veterans Affairs may
waive the limitation described in section 7404(d) of such
title, as in effect on the day before the date of the enactment
of this Act, on the amount of basic pay payable to individuals
appointed under section 7401(4) or 7306 of such title for basic
pay payable during the period--
(A) beginning on November 1, 2010; and
(B) ending on the day before the date of the
enactment of this Act.
(2) Form.--The Secretary shall prescribe the form for
requesting a waiver under paragraph (1).
(3) Treatment of waiver.--A decision not to grant a waiver
under paragraph (1) shall not be treated as an adverse action
and is not subject to further appeal, third-party review, or
judicial review.
SEC. 80002. INCREASE OF AMOUNT OF CERTAIN DEPARTMENT OF VETERANS
AFFAIRS PAYMENTS 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 each of the dollar amounts
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), (r), and (t) of section 1114.
(2) Paragraph (1)(E) of section 1115.
(3) Subsection (c) of section 1311.
(4) Subsection (g) of section 1315.
(5) Paragraphs (1) and (2) of subsection (d) of section
1521.
(6) Paragraphs (2) and (4) of subsection (f) of section
1521.
(b) Treatment of Amounts.--Any amount payable to an individual
under subsection (a) in excess of the amount otherwise in effect shall
be in addition to any other benefit or any other amount payable to that
individual under any provision of law referred to in subsection (a) or
any other provision of law administered by the Secretary of Veterans
Affairs.
(c) 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. 80003. PROHIBITION ON COPAYMENTS AND COST SHARING FOR VETERANS
RECEIVING PREVENTIVE SERVICES RELATING TO COVID-19.
(a) Prohibition.--The Secretary of Veterans Affairs may not require
any copayment or other cost sharing under chapter 17 of title 38,
United States Code, for qualifying coronavirus preventive services. The
requirement described in this subsection shall take effect with respect
to a qualifying coronavirus preventive service on the specified date.
(b) Definitions.--In this section, the terms ``qualifying
coronavirus preventive service'' and ``specified date'' have the
meaning given those terms in section 3203 of the CARES Act (Public Law
116-136).
SEC. 80004. MODIFICATION OF CALCULATION OF AMOUNTS OF PER DIEM GRANTS.
Section 2012(a)(2)(B) of title 38, United States Code, is amended--
(1) in clause (i), by inserting ``or (iii)'' after ``clause
(ii)''; and
(2) by adding at the end the following new clause:
``(iii) With respect to a homeless veteran who has care of
a minor dependent while receiving services from the grant
recipient or eligible entity, the daily cost of care shall be
the sum of the daily cost of care determined under subparagraph
(A) plus, for each such minor dependent, an amount that equals
50 percent of such daily cost of care.''.
SEC. 80005. EMERGENCY TREATMENT FOR VETERANS DURING COVID-19 EMERGENCY
PERIOD.
(a) Emergency Treatment.--Notwithstanding section 1725 or 1728 of
title 38, United States Code, or any other provision of law
administered by the Secretary of Veterans Affairs pertaining to
furnishing emergency treatment to veterans at non-Department
facilities, during the period of a covered public health emergency, the
Secretary of Veterans Affairs shall furnish to an eligible veteran
emergency treatment at a non-Department facility in accordance with
this section.
(b) Authorization Not Required.--The Secretary may not require an
eligible veteran to seek authorization by the Secretary for emergency
treatment furnished to the veteran pursuant to subsection (a).
(c) Payment Rates.--
(1) Determination.--The rate paid for emergency treatment
furnished to eligible veterans pursuant to subsection (a) shall
be equal to the rate paid by the United States to a provider of
services (as defined in section 1861(u) of the Social Security
Act (42 U.S.C. 1395x(u))) or a supplier (as defined in section
1861(d) of such Act (42 U.S.C. 1395x(d))) under the Medicare
program under title XI or title XVIII of the Social Security
Act (42 U.S.C. 1301 et seq.), including section 1834 of such
Act (42 U.S.C. 1395m), for the same treatment.
(2) Finality.--A payment in the amount payable under
paragraph (1) for emergency treatment furnished to an eligible
veteran pursuant to subsection (a) shall be considered payment
in full and shall extinguish the veteran's liability to the
provider of such treatment, unless the provider rejects the
payment and refunds to the United States such amount by not
later than 30 days after receiving the payment.
(d) Claims Processed by Third Party Administrators.--
(1) Requirement.--Not later than 30 days after the date of
the enactment of this Act, the Secretary shall seek to award a
contract to one or more entities, or to modify an existing
contract, to process claims for payment for emergency treatment
furnished to eligible veterans pursuant to subsection (a).
(2) Prompt payment standard.--Section 1703D of title 38,
United States Code, shall apply with respect to claims for
payment for emergency treatment furnished to eligible veterans
pursuant to subsection (a).
(e) Primary Payer.--The Secretary shall be the primary payer with
respect to emergency treatment furnished to eligible veterans pursuant
to subsection (a), and with respect to the transportation of a veteran
by ambulance. In any case in which an eligible veteran is furnished
such emergency treatment for a non-service-connected disability
described in subsection (a)(2) of section 1729 of title 38, United
States Code, the Secretary shall recover or collect reasonable charges
for such treatment from a health plan contract described in such
section 1729 in accordance with such section.
(f) Application.--This section shall apply to emergency treatment
furnished to eligible veterans during the period of a covered public
health emergency, regardless of whether treatment was furnished before
the date of the enactment of this Act.
(g) Definitions.--In this section:
(1) The term ``covered public health emergency'' means the
declaration--
(A) of a public health emergency, based on an
outbreak of COVID-19 by the Secretary of Health and
Human Services under section 319 of the Public Health
Service Act (42 U.S.C. 247d); or
(B) of a domestic emergency, based on an outbreak
of COVID-19 by the President, the Secretary of Homeland
Security, or a State or local authority.
(2) The term ``eligible veteran'' means a veteran enrolled
in the health care system established under section 1705 of
title 38, United States Code.
(3) The term ``emergency treatment'' means medical care or
services rendered in a medical emergency of such nature that a
prudent layperson reasonably expects that delay in seeking
immediate medical attention would be hazardous to life or
health.
(4) The term ``non-Department facility'' has the meaning
given that term in section 1701 of title 38, United States
Code.
SEC. 80006. FLEXIBILITY FOR THE SECRETARY OF VETERANS AFFAIRS IN CARING
FOR HOMELESS VETERANS DURING A COVERED PUBLIC HEALTH
EMERGENCY.
(a) General Support.--
(1) Use of funds.--During a covered public health
emergency, the Secretary of Veterans Affairs may use amounts
appropriated or otherwise made available to the Department of
Veterans Affairs to carry out sections 2011, 2012, and 2061 of
title 38, United States Code, to provide to homeless veterans
the following:
(A) Food.
(B) Shelter.
(C) Basic supplies (such as clothing, blankets, and
toiletry items).
(D) Transportation.
(E) Communications equipment and required
capabilities (such as smartphones, disposable phones,
and phone service plans).
(F) Such other assistance as the Secretary
determines appropriate.
(2) Homeless veterans on land of the department.--
(A) Use of revolving fund.--During a covered public
health emergency, the Secretary may use amounts in the
revolving fund under section 8109(h) of title 38,
United States Code, to alter parking facilities of the
Department to facilitate the use of such facilities as
temporary shelter locations for homeless veterans.
(B) Partnerships.--During a covered public health
emergency, the Secretary may partner with one or more
organizations to manage land of the Department used by
homeless veterans for sleeping.
(C) Equipment.--During a covered public health
emergency, the Secretary shall not be responsible for
furnishing outdoor equipment necessary for sleeping on
land of the Department.
(b) Grant and Per Diem Program.--
(1) Maximum per diem rate.--Notwithstanding paragraph (2)
of section 2012(a) of title 38, United States Code, during a
covered public health emergency, the maximum rate of per diem
authorized under such section is 300 percent of the rate
authorized for State homes for domiciliary care under
subsection (a)(1)(A) of section 1741 of such title, as the
Secretary may increase from time to time under subsection (c)
of that section.
(2) Use of per diem payments.--During a covered public
health emergency, a recipient of a grant or an eligible entity
under the grant and per diem program of the Department (in this
subsection referred to as the ``program'') may use per diem
payments under sections 2012 and 2061 of title 38, United
States Code, to provide food and basic supplies for--
(A) homeless veterans in the program; and
(B) formerly homeless veterans in the community who
experienced homelessness during the one-year period
ending on the date of the enactment of this Act.
(3) Additional transitional housing.--
(A) In general.--During a covered public health
emergency, the Secretary may provide amounts for grants
and per diem payments under the program for additional
transitional housing beds to facilitate access to
housing and services provided to homeless veterans.
(B) Notice; competition; period of performance.--
The Secretary may provide amounts under subparagraph
(A)--
(i) without notice or competition; and
(ii) for a period of performance determined
by the Secretary.
(4) Inspections and life safety code requirements.--
(A) In general.--During a covered public health
emergency, the Secretary may waive any requirement
under subsection (b) or (c) of section 2012 of title
38, United States Code, in order to allow the recipient
of a grant or an eligible entity under the program--
(i) to quickly identify temporary alternate
sites of care for homeless veterans that are
suitable for habitation;
(ii) to facilitate social distancing or
isolation needs; or
(iii) to facilitate activation or
continuation of a program for which a grant has
been awarded.
(B) Limitation.--The Secretary may waive a
requirement pursuant to the authority provided by
subparagraph (A) with respect to a facility of a
recipient of a grant or an eligible entity under the
program only if the facility meets applicable local
safety requirements, including fire safety
requirements.
(c) Health Care for Homeless Veterans.--
(1) Community-based treatment facilities.--During a covered
public health emergency, the Secretary may use amounts as
authorized under subsection (a)(1) notwithstanding any
requirement under subsection (a)(2) of section 2031 of title
38, United States Code, that community-based treatment
facilities provide care, treatment, and rehabilitative services
to veterans described in such section.
(2) Report to congress on reduction of care, treatment, and
rehabilitative services.--During a covered public health
emergency, if the Secretary reduces the care, treatment, and
rehabilitative services provided to homeless veterans under
section 2031(a)(2) of title 38, United States Code, the
Secretary shall submit to Congress monthly reports on the
reduction of such care, treatment, and services for the
duration of the covered public health emergency.
(3) Inspection and life safety code requirements.--
(A) In general.--During a covered public health
emergency, the Secretary may waive any inspection or
life safety code requirement under subsection (c) of
section 2032 of title 38, United States Code--
(i) to allow quick identification of
temporary alternate sites of care for homeless
veterans that are suitable for habitation;
(ii) to facilitate social distancing or
isolation needs; or
(iii) to facilitate the operation of
housing under such section.
(B) Limitation.--The Secretary may waive a
requirement pursuant to the authority provided by
subparagraph (A) with respect to a residence or
facility referred to in such section 2032 only if the
residence or facility, as the case may be, meets
applicable local safety requirements, including fire
safety requirements.
(d) Access of Homeless Veterans to Department of Veterans Affairs
Telehealth Services.--During a covered public health emergency, the
Secretary may make available telehealth capabilities to homeless
veterans who--
(1) are receiving services provided under chapter 20 of
title 38, United States Code; or
(2) are participating in a program under such chapter.
(e) Definitions.--In this section:
(1) Covered public health emergency.--The term ``covered
public health emergency'' means an emergency with respect to
COVID-19 declared by a Federal, State, or local authority.
(2) Homeless veteran; veteran.--The terms ``homeless
veteran'' and ``veteran'' have the meanings given those terms
in section 2002 of title 38, United States Code.
(3) Parking facility.--The term ``parking facility'' has
the meaning given that term in section 8109(a) of such title.
(4) Telehealth.--
(A) In general.--The term ``telehealth'' means the
use of electronic information and telecommunications
technologies to support and promote long-distance
clinical health care, patient and professional health-
related education, public health, and health
administration.
(B) Technologies.--For purposes of subparagraph
(A), ``telecommunications technologies'' include video
conferencing, the internet, streaming media, and
terrestrial and wireless communications.
SEC. 80007. HUD-VASH PROGRAM.
The Secretary of Housing and Urban Development shall take such
actions with respect to the supported housing program carried out under
section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(19)) in conjunction with the Department of Veterans Affairs
(commonly referred to as ``HUD-VASH''), and shall require public
housing agencies administering assistance under such program to take
such actions, as may be appropriate to facilitate the issuance and
utilization of vouchers for rental assistance under such program during
the period of the covered public health emergency (as such term is
defined in section 1 of this Act), including the following actions:
(1) Establishing mechanisms and procedures providing for
referral and application documents used under such program to
be received by fax, electronic mail, drop box, or other means
not requiring in-person contact.
(2) Establishing mechanisms and procedures for processing
applications for participation in such program that do not
require identification or verification of identity by social
security number or photo ID in cases in which closure of
governmental offices prevents confirmation or verification of
identity by such means.
(3) Providing for waiver of requirements to conduct housing
quality standard inspections with respect to dwelling units for
which rental assistance is provided under such program.
SEC. 80008. EXTENSION OF LEASE PROTECTIONS FOR SERVICEMEMBERS UNDER
STOP MOVEMENT ORDERS IN RESPONSE TO LOCAL, NATIONAL, OR
GLOBAL EMERGENCY.
(a) Termination.--Subsection (a)(1) of section 305 of the
Servicemembers Civil Relief Act (50 U.S.C. 3955) is amended--
(1) in subparagraph (A), by striking ``; or'' and inserting
a semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) the date of the lessee's stop movement order
described in paragraph (1)(C) or (2)(C) of subsection
(b), as the case may be.''.
(b) Covered Leases.--
(1) Leases of premises.--Paragraph (1) of subsection (b) of
such section is amended--
(A) in subparagraph (A), by striking ``; or'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(C) the servicemember, while in military
service--
``(i) executes a lease upon receipt of
military orders for a permanent change of
station or to deploy with a military unit, or
as an individual in support of a military
operation, for a period of not less than 90
days; and
``(ii) thereafter receives a stop movement
order issued by the Secretary of Defense in
response to a local, national, or global
emergency, effective for an indefinite period
or for a period of not less than 30 days, which
prevents the servicemember or servicemember's
dependents from occupying the lease for a
residential, professional, business,
agricultural, or similar purpose.''.
(2) Leases of motor vehicles.--Paragraph (2) of such
subsection is amended--
(A) in subparagraph (A), by striking ``; or'' and
inserting a semicolon;
(B) in subparagraph (B)(ii), by striking the period
at the end and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(C) the servicemember, while in military
service--
``(i) executes a lease upon receipt of
military orders described in subparagraph (B);
and
``(ii) thereafter receives a stop movement
order issued by the Secretary of Defense in
response to a local, national, or global
emergency, effective for an indefinite period
or for a period of not less than 30 days, which
prevents the servicemember, or the
servicemember's dependents, from using the
vehicle for personal or business
transportation.''.
(c) Effective Date of Termination.--Paragraph (1) of subsection (d)
of such section is amended to read as follows:
``(1) Lease of premises.--
``(A) Entrance to military service, permanent
change of station, or deployment.--In the case of a
lease described in subparagraph (A) or (B) of
subsection (b)(1) that provides for monthly payment of
rent, termination of the lease under subsection (a) is
effective 30 days after the first date on which the
next rental payment is due and payable after the date
on which the notice under subsection (c) is delivered.
In the case of any other lease described in
subparagraphs (A) and (B) of subsection (b)(1)
termination of the lease under subsection (a) is
effective on the last day of the month following the
month in which the notice is delivered.
``(B) Stop movement orders.--In the case of a lease
described in subsection (b)(1)(C), termination of the
lease under subsection (a) is effective on the date on
which the requirements of subsection (c) are met for
such termination.''.
(d) Technical Correction.--Subsection (i) is amended, in the matter
before paragraph (1), by inserting ``In this section:'' after
``Definitions.--''.
(e) Retroactive Application.--The amendments made by this section
shall apply to stop movement orders issued on or after March 1, 2020.
SEC. 80009. TERMINATION OF TELEPHONE, MULTICHANNEL VIDEO PROGRAMMING,
AND INTERNET ACCESS SERVICE CONTRACTS BY SERVICEMEMBERS
WHO ENTER INTO CONTRACTS AFTER RECEIVING MILITARY ORDERS
FOR PERMANENT CHANGE OF STATION BUT THEN RECEIVE STOP
MOVEMENT ORDERS DUE TO AN EMERGENCY SITUATION.
(a) In General.--Section 305A(a)(1) of the Servicemembers Civil
Relief Act (50 U.S.C. 3956) is amended--
(1) by striking ``after the date the servicemember receives
military orders to relocate for a period of not less than 90
days to a location that does not support the contract.'' and
inserting ``after--''; and
(2) by adding at the end the following new subparagraphs:
``(A) the date the servicemember receives military
orders to relocate for a period of not less than 90
days to a location that does not support the contract;
or
``(B) the date the servicemember, while in military
service, receives military orders for a permanent
change of station, thereafter enters into the contract,
and then after entering into the contract receives a
stop movement order issued by the Secretary of Defense
in response to a local, national, or global emergency,
effective for an indefinite period or for a period of
not less than 30 days, which prevents the servicemember
from using the services provided under the contract.''.
(b) Retroactive Application.--The amendments made by this section
shall apply to stop movement orders issued on or after March 1, 2020.
SEC. 80010. TERMINATION OF CONTRACTS FOR TELEPHONE, MULTICHANNEL VIDEO
PROGRAMMING, OR INTERNET ACCESS SERVICE BY CERTAIN
INDIVIDUALS UNDER SERVICEMEMBERS CIVIL RELIEF ACT.
Section 305A(a) of the Servicemembers Civil Relief Act (50 U.S.C.
3956(a)) is amended by adding at the end the following new paragraph:
``(4) Additional individuals covered.--For purposes of this
section, the following individuals shall be treated as a
servicemember covered by paragraph (1):
``(A) A spouse or dependent of a servicemember who
dies while in military service or a spouse or dependent
of a member of the reserve components who dies while
performing duty described in subparagraph (C).
``(B) A spouse or dependent of a servicemember who
incurs a catastrophic injury or illness (as that term
is defined in section 439(g) of title 37, United States
Code), if the servicemember incurs the catastrophic
injury or illness while in military service or
performing duty described in subparagraph (C).
``(C) A member of the reserve components performing
military service or performing full-time National Guard
duty, active Guard and Reserve duty, or inactive-duty
training (as such terms are defined in section 101(d)
of title 10, United States Code).''.
SEC. 80011. CLARIFICATION OF TERMINATION OF LEASES OF PREMISES AND
MOTOR VEHICLES OF SERVICEMEMBERS WHO INCUR CATASTROPHIC
INJURY OR ILLNESS OR DIE WHILE IN MILITARY SERVICE.
(a) Catastrophic Injuries and Illnesses.--Paragraph (4) of section
305(a) of the Servicemembers Civil Relief Act (50 U.S.C. 3955(a)), as
added by section 545 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92), is amended to read as follows:
``(4) Catastrophic injury or illness of lessee.--
``(A) Termination.--If the lessee on a lease
described in subsection (b) incurs a catastrophic
injury or illness during a period of military service
or while performing covered service, during the one-
year period beginning on the date on which the lessee
incurs such injury or illness--
``(i) the lessee may terminate the lease;
or
``(ii) in the case of a lessee who lacks
the mental capacity to contract or to manage
his or her own affairs (including disbursement
of funds without limitation) due to such injury
or illness, the spouse or dependent of the
lessee may terminate the lease.
``(B) Definitions.--In this paragraph:
``(i) The term `catastrophic injury or
illness' has the meaning given that term in
section 439(g) of title 37, United States Code.
``(ii) The term `covered service' means
full-time National Guard duty, active Guard and
Reserve duty, or inactive-duty training (as
such terms are defined in section 101(d) of
title 10, United States Code).''.
(b) Deaths.--Paragraph (3) of such section is amended by striking
``The spouse of the lessee'' and inserting ``The spouse or dependent of
the lessee''.
SEC. 80012. DEFERRAL OF CERTAIN DEBTS ARISING FROM BENEFITS UNDER LAWS
ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS.
(a) In General.--During the covered period, the Secretary of
Veterans Affairs may not--
(1) take any action to collect a covered debt (including
the offset of any payment by the Secretary);
(2) record a covered debt;
(3) issue notice of a covered debt to a person or a
consumer reporting agency;
(4) allow any interest to accrue on a covered debt; or
(5) apply any administrative fee to a covered debt.
(b) Exception.--Notwithstanding subsection (a), the Secretary may
collect a payment regarding a covered debt (including interest or any
administrative fee) from a person (or the fiduciary of that person) 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--
(A) owed by a person (including a fiduciary) to the
United States;
(B) arising from a benefit under a covered law; and
(C) that is not subject to recovery under--
(i) section 3729 of title 31, United States
Code;
(ii) section 1729 of title 38, United
States Code; or
(iii) Public Law 87-693 (42 U.S.C. 2651).
(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 for 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)).
SEC. 80013. TOLLING OF DEADLINES RELATING TO CLAIMS FOR BENEFITS
ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS.
(a) Required Tolling.--With respect to claims and appeals made by a
claimant, the covered period shall be excluded in computing the
following:
(1) In cases where an individual expresses an intent to
file a claim, the period in which the individual is required to
file the claim in order to have the effective date of the claim
be determined based on the date of such intent, as described in
section 3.155(b)(1) of title 38, Code of Federal Regulations.
(2) The period in which the claimant is required to take an
action pursuant to section 5104C of title 38, United States
Code.
(3) The period in which the claimant is required to appeal
a change in service-connected or employability status or change
in physical condition described in section 5112(b)(6) of such
title.
(4) The period in which an individual is required to file a
notice of appeal under section 7266 of such title.
(5) Any other period in which a claimant or beneficiary is
required to act with respect to filing, perfecting, or
appealing a claim, as determined appropriate by the Secretary
of Veterans Affairs.
(b) Use of Postmark Dates.--With respect to claims filed using
nonelectronic means and appeals made during the covered period, the
Secretary of Veterans Affairs and the Court of Appeals for Veterans
Claims, as the case may be, shall administer the provisions of title
38, United States Code, as follows:
(1) In section 5110--
(A) in subsection (a)--
(i) in paragraph (1), by substituting ``the
earlier of the date of receipt of application
therefor and the date of the postmark or other
official proof of mailing date of the
application therefor'' for ``the date of
receipt of application therefor''; and
(ii) in paragraph (3), by substituting
``the earlier of the date of receipt of the
supplemental claim and the date of the postmark
or other official proof of mailing date of the
supplemental claim'' for ``the date of receipt
of the supplemental claim''; and
(B) in subsection (b)(2)(A), by substituting ``the
earlier of the date of receipt of application and the
date of the postmark or other official proof of mailing
date of the application'' for ``the date of receipt of
the application''.
(2) In section 7266, without regard to subsection (d).
(c) Definitions.--In this section:
(1) The term ``claimant'' has the meaning given that term
in section 5100 of title 38, United States Code.
(2) The term ``covered period'' means the period beginning
on the date 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 and ending 90
days after the last day of such emergency period.
SEC. 80014. PROVISION OF DEPARTMENT OF VETERANS AFFAIRS HOSPITAL CARE
AND MEDICAL SERVICES TO CERTAIN VETERANS WHO ARE
UNEMPLOYED OR LOST EMPLOYER-SPONSORED HEALTH CARE
COVERAGE BY REASON OF A COVERED PUBLIC HEALTH EMERGENCY.
(a) In General.--During the 12-month period beginning on the date
of the enactment of this Act, the Secretary of Veterans Affairs shall
consider a covered veteran to be unable to defray the expenses of
necessary care for purposes of section 1722 of title 38, United States
Code, and shall furnish to such veteran hospital care and medical
services under chapter 17 of title 38, United States Code.
(b) Covered Veteran.--For purposes of this section, a covered
veteran is a veteran--
(1) who--
(A) is unemployed; or
(B) has lost access to a group health plan or group
health insurance coverage by reason of a covered public
health emergency; and
(2) whose projected attributable income for the 12-month
period beginning on the date of application for hospital care
or medical services under this section is not more than the
amount in effect under section 1722(b) of title 38, United
States Code.
(c) Definitions.--In this section:
(1) The term ``covered public health emergency'' means the
declaration--
(A) of a public health emergency, based on an
outbreak of COVID-19 by the Secretary of Health and
Human Services under section 319 of the Public Health
Service Act (42 U.S.C. 247d); or
(B) of a domestic emergency, based on an outbreak
of COVID-19 by the President, the Secretary of Homeland
Security, or State, or local authority.
(2) The terms ``group health plan'' and ``group health
insurance coverage'' have the meaning given such terms in
section 2701 of the Public Health Service Act (42 U.S.C. 300gg-
3).
SEC. 80015. PROHIBITION ON COPAYMENTS AND COST SHARING FOR VETERANS
RECEIVING COVID-19 TREATMENT FURNISHED BY DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Section 6006(b) of the Families First Coronavirus
Response Act (Public Law 116-127; 38 U.S.C. 1701 note) is amended by
striking ``or visits described in paragraph (2) of such section'' and
inserting ``, visits described in paragraph (2) of such section, or
hospital care or medical services to treat COVID-19''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of the Families First
Coronavirus Response Act (Public Law 116-127).
SEC. 80016. EXPANSION OF VET CENTER SERVICES TO VETERANS AND MEMBERS OF
THE ARMED FORCES WHO PERFORM CERTAIN SERVICE IN RESPONSE
TO COVERED PUBLIC HEALTH EMERGENCY.
Section 1712A of title 38, United States Code, is amended--
(1) by striking ``clauses (i) through (iv)'' both places it
appears and inserting ``clauses (i) through (v)'';
(2) by striking ``in clause (v)'' both places it appears
and inserting ``in clause (vi)'';
(3) in subsection (a)(1)(C)--
(A) by redesignating clauses (iv) and (v) as
clauses (v) and (vi), respectively; and
(B) by inserting after clause (iii) the following
new clause (iv):
``(iv) Any individual who is a veteran or member of the
Armed Forces (including the reserve components), who, in
response to a covered public health emergency, performed active
service or State active duty for a period of at least 14
days.''; and
(4) in subsection (h), by adding at the end the following
new paragraphs:
``(4) The term `active service' has the meaning given that
term in section 101 of title 10.
``(5) The term `covered public health emergency' means the
declaration--
``(A) of a public health emergency, based on an
outbreak of COVID-19, by the Secretary of Health and
Human Services under section 319 of the Public Health
Service Act (42 U.S.C. 247d); or
``(B) of a domestic emergency, based on an outbreak
of COVID-19, by the President, the Secretary of
Homeland Security, or a State or local authority.''.
DIVISION I--SMALL BUSINESS PROVISIONS
SEC. 90001. AMENDMENTS TO THE PAYCHECK PROTECTION PROGRAM.
(a) Extension of Covered Period.--Section 7(a)(36)(A)(iii) of the
Small Business Act (15 U.S.C. 636(a)(36)(A)(iii)) is amended by
striking ``June 30, 2020'' and inserting ``December 31, 2020''.
(b) Tribal Business Concerns.--Section 7(a)(36)(D) of the Small
Business Act (15 U.S.C. 636(a)(36)(D)) is amended by striking
``described in section 31(b)(2)(C)'' each place it appears.
(c) Inclusion of Critical Access Hospitals in the Paycheck
Protection Program.--Section 7(a)(36)(D) of the Small Business Act (15
U.S.C. 636(a)(36)(D)) is amended by adding at the end the following new
clause:
``(vii) Inclusion of critical access
hospitals.--During the covered period, any
nonprofit organization that is a critical
access hospital (as defined in section 1861(mm)
of the Social Security Act (42 U.S.C.
1395x(mm))) shall be eligible to receive a
covered loan, regardless of the status of such
a hospital as a debtor in a case under chapter
11 of title 11, Unites States Code, or the
status of any debts owed by such a hospital to
the Federal Government.''.
(d) Nonprofit Organizations.--Section 7(a)(36) of the Small
Business Act (15 U.S.C. 636(a)(36))--
(1) in subparagraph (A)(vii), by striking ``section
501(c)(3)'' and inserting ``section 501(c)''; and
(2) in subparagraph (D)--
(A) by striking ``nonprofit organization,'' each
place it appears;
(B) in clause (iv)--
(i) in subclause (II), by striking `` and''
at the end;
(ii) in subclause (III), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following
new subclause:
``(IV) any nonprofit
organization.''; and
(C) in clause (vi), by striking ``a nonprofit
organization and''.
(e) Application to Certain Local News Media.--Section 7(a)(36)(D)
of the Small Business Act (15 U.S.C. 636(a)(36)(D)) is amended--
(1) in clause (iii)--
(A) by striking ``business concern that employs''
and inserting the following: ``business concern that--
``(I) employs'';
(B) in subclause (I), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(II) is assigned a North American Industry
Classification System code beginning with 511110,
515112, or 515120 and the individual physical location
at the time of disbursal does not exceed the size
standard established by the Administrator for the
applicable code shall be eligible to receive a covered
loan for expenses associated with an individual
physical location of that business concern to support
the continued provision of local news, information,
content, or emergency information, and, at the time of
disbursal, the individual physical location.'';
(2) in clause (iv) (as amended by subsection (d))--
(A) in subclause (III), by striking ``and'' at the
end;
(B) in subclause (IV), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(V) an individual physical
location of a business concern
described in clause (iii)(II), if such
concern shall not pay, distribute, or
otherwise provide any portion of the
covered loan to any other entity other
than the individual physical location
that is the intended recipient of the
covered loan.''; and
(3) by adding at the end the following new clause:
``(vii) Additional requirements for news
broadcast entities.--
``(I) In general.--With respect to
an individual physical location of a
business concern described in clause
(iii)(II), each such location shall be
treated as an independent,
nonaffiliated entity for purposes of
this paragraph.
``(II) Demonstration of need.--Any
such location that is a franchise or
affiliate of, or owned or controlled by
a parent company, investment company,
or the management thereof, shall
demonstrate, upon request of the
Administrator, the need for a covered
loan to support the continued provision
of local news, information, content, or
emergency information, and, at the time
of disbursal, the individual physical
location.
``(III) Report.--The Administrator
and Secretary of the Treasury shall
submit to the Committee on Small
Business of the House of
Representatives, the Committee on Small
Business and Entrepreneurship of the
Senate, and the Congressional Oversight
Commission established under section
4020 of the CARES Act a report
including information on loans made to
an entity described under this
clause.''.
(f) Application of Certain Terms Through Life of Covered Loan.--
Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) is
amended--
(1) in subparagraph (H), by striking ``During the covered
period, with'' and inserting ``With'';
(2) in subparagraph (I), by striking ``During the covered
period, the'' and inserting ``The'';
(3) in subparagraph (J), by striking ``During the covered
period, with'' and inserting ``With'';
(4) in subparagraph (M)--
(A) in clause (ii), by striking ``During the
covered period, the'' and inserting ``The''; and
(B) in clause (iii), by striking ``During the
covered period, with'' and inserting ``With''.
(g) Loan Maturity.--Section 7(a)(36)(K)(ii) of the Small Business
Act (15 U.S.C. 636(a)(36)(K)(ii)) is amended by inserting ``minimum
maturity of 5 years'' before ``maximum maturity''.
(h) Interest Calculation.--Section 7(a)(36)(L) of the Small
Business Act (15 U.S.C. 636(a)(36)(L)) is amended by inserting ``,
calculated on a non-compounding, non-adjustable basis'' after ``4
percent''.
(i) Funding for the Paycheck Protection Program.--
(1) In general.--Section 7(a)(36)(S) of the Small Business
Act (15 U.S.C. 636(a)(36)(S)) is amended to read as follows:
``(S) Set aside for certain entities.--The
Administrator shall provide for the cost to guarantee
covered loans made under this paragraph--
``(i) a set aside of not less than 25
percent of each such amount for covered loans
made to eligible recipients with 10 or fewer
employees; and
``(ii) a set aside of 25 percent of each
such amount for covered loans made to nonprofit
organizations, of which not more than 12.5
percent of each such amount set aside may be
used to make covered loans to nonprofit
organizations with 500 or more employees.''.
(2) Set aside for community financial institutions.--Of
amounts appropriated by the Paycheck Protection Program and
Health Care Enhancement Act (Public Law 116-139) under the
heading ``Small Business Administration--Business Loans Program
Account, CARES Act'' that have not been obligated or expended,
the lesser of 25 percent of such amounts or $10,000,000,000
shall be set aside for the cost to guarantee covered loans made
under section 7(a)(36) of the Small Business Act (15 U.S.C.
636(a)(36)) by community financial institutions (as such term
is defined in subparagraph (A)(xi) of such section).
(3) Amounts returned.--Section 7(a)(36) of the Small
Business Act (15 U.S.C. 636(a)(36)) is amended by adding at the
end the following new subparagraph:
``(T) Amounts returned.--Any amounts returned to
the Secretary of the Treasury due to the cancellation
of a covered loan shall be solely used for the cost to
guarantee covered loans made to eligible recipients
with 10 or fewer employees.''.
(j) Treatment of Certain Criminal Violations.--
(1) In general.--Section 7(a)(36) of the Small Business Act
(15 U.S.C. 636(a)(36)), as amended by subsection (h), is
further amended by adding at the end the following new
subparagraph:
``(U) Treatment of certain criminal violations.--
``(i) Financial fraud or deception.--A
entity that is a business, organization,
cooperative, or enterprise may not receive a
covered loan if an owner of 20 percent or more
of the equity of such entity, during the 5-year
period preceding the date on which such entity
applies for a covered loan, has been convicted
of a felony of financial fraud or deception
under Federal, State, or Tribal law.
``(ii) Arrests or convictions.--An entity
that is a business, organization, cooperative,
or enterprise shall be an eligible recipient
notwithstanding a prior arrest or conviction
under Federal, State, or Tribal law of an owner
of 20 percent or more of the equity of such
entity, unless such owner is currently
incarcerated.
``(iii) Waiver.--The Administrator may
waive the requirements of clause (i).''.
(2) Rulemaking.--Not later than 15 days after the date of
enactment of this Act, the Administrator of the Small Business
Administration shall make necessary revisions to any rules to
carry out the amendment made by this subsection.
(k) Technical Assistance for Community Financial Institutions.--
Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)), as
amended by subsection (i), is further amended by adding at the end the
following new subparagraph:
``(V) Technical assistance for community financial
institutions.--Of amounts appropriated to carry out
this paragraph, the Secretary of the Treasury, in
consultation with the Administrator, shall use
$1,000,000,000 of such amounts to provide grants to
community financial institutions, insured depository
institutions with consolidated assets of less than
$10,000,000,000, and credit unions with consolidated
assets of less than $10,000,000,000, to ensure such
institutions can update their systems (including
updates related to compliance with the Bank Secrecy
Act) and efficiently provide loans that are guaranteed
under this paragraph.''.
(l) Technical Amendment.--Section 7(a)(36)(G) of the Small Business
Act (15 U.S.C. 636(a)(36)) is amended--
(1) in the subparagraph heading, by striking ``Borrower
requirements'' and all that follows through ``eligible
recipient applying'' and inserting ``Borrower certification
requirements.--An eligible recipient applying''; and
(2) by redesignating subclauses (I) through (IV) as clauses
(i) through (iv), respectively.
SEC. 90002. COMMITMENTS FOR PAYCHECK PROTECTION PROGRAM.
Section 1102(b) of the CARES Act (Public Law 116-136) is amended by
striking ``June 30, 2020'' and all that follows through the period at
the end and inserting ``December 31, 2020, the amount authorized for
commitments for loans made under paragraph (36) of section 7(a) of the
Small Business Act, as added by subsection (a), shall be
$659,000,000,000. The amount authorized under this section for
commitments for loans made under section 7(a)(36) of the Small Business
Act shall be in addition to the amount authorized under the heading
`Small Business Administration--Business Loans Program Account' in the
Financial Services and General Government Appropriations Act, 2020
(division C of Public Law 116-93) for commitments for general business
loans made under section 7(a) of the Small Business Act.''.
SEC. 90003. INCLUSION OF SCORE AND VETERAN BUSINESS OUTREACH CENTERS IN
ENTREPRENEURIAL DEVELOPMENT PROGRAMS.
(a) In General.--Section 1103(a)(2) of the CARES Act (Public Law
116-136) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) by adding at the end the following new subparagraphs:
``(C) a Veteran Business Outreach Center (as
described under section 32(d) of the Small Business
Act); and
``(D) the Service Corps of Retired Executives
Association, or any successor or other organization,
that receives a grant from the Administrator to operate
the SCORE program established under section 8(b)(2)(A)
of the Small Business Act;''.
(b) Funding.--Section 1107(a)(4) of the CARES Act (Public Law 116-
136) is amended--
(1) in subparagraph (A)--
(A) by striking ``$240,000,000'' and inserting
``$220,000,000'';
(B) by striking ``and'' at the end; and
(2) by adding at the end the following new subparagraphs:
``(C) $10,000,000 shall be for a Veteran Business
Outreach Center described in section 1103(a)(2)(C) of
this Act to carry out activities under such section;
and
``(D) $10,000,000 shall be for the Service Corps of
Retired Executives Association described in section
1103(a)(2)(D) of this Act to carry out activities under
such section;''.
SEC. 90004. AMENDMENTS TO PAYCHECK PROTECTION PROGRAM LOAN FORGIVENESS.
(a) Covered Period.--
(1) In general.--Section 1106(a)(3) of the CARES Act
(Public Law 116-136) is amended to read as follows:
``(3) the term `covered period' means the period beginning
on the date of the origination of a covered loan and ending on
the earlier of--
``(A) the date that is 24 weeks after such date of
origination; or
``(B) December 31, 2020;''.
(2) Exemption for rehires.--Section 1106(d)(5)(B) of such
Act is amended by striking ``June 30, 2020'' each place it
appears and inserting ``December 31, 2020''.
(b) Definition of Expected Forgiveness Amount.--
(1) Definition of expected forgiveness amount.--Section
1106(a)(7) of the CARES Act (Public Law 116-136) is amended--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by striking ``and'' at the
end; and
(C) by adding at the end the following new
subparagraphs:
``(E) interest on any other debt obligations that
were incurred before the covered period; and
``(F) any amount that was a loan made under
subsection (b)(2) that was refinanced as part of a
covered loan and authorized by section 7(a)(36)(F)(iv)
of the Small Business Act; and''.
(2) Forgiveness.--Section 1106(b) of the CARES Act (Public
Law 116-136) is amended by adding at the end the following new
paragraphs:
``(5) Any payment of interest on any other debt obligations
that were incurred before the covered period.
``(6) Any amount that was a loan made under section 7(b)(2)
of the Small Business Act that was refinanced as part of a
covered loan and authorized by section 7(a)(36)(F)(iv) of such
Act.''.
(3) Conforming amendments.--Section 1106 of the CARES Act
(Public Law 116-136) is amended--
(A) in subsection (e)--
(i) in paragraph (2), by striking
``payments on covered mortgage obligations,
payments on covered lease obligations, and
covered utility payments'' and inserting
``payments or amounts refinanced described
under subsection (b) (other than payroll
costs)'';
(ii) in paragraph (3)(B), by striking ``,
make interest payments'' and all that follows
through ``or make covered utility payments''
and inserting ``, make payments described under
subsection (b), or that was refinanced as part
of a covered loan and authorized by section
7(a)(36)(F)(iv) of the Small Business Act'';
and
(B) in subsection (h), by striking ``payments for
payroll costs, payments on covered mortgage
obligations, payments on covered lease obligations, or
covered utility payments'' each place it appears and
inserting ``payments or amounts refinanced described
under subsection (b)''.
(c) Application Requirements for Paycheck Protection Program Loan
Forgiveness.--Section 1106(e) of the CARES Act (Public Law 116-136) is
amended--
(1) in paragraph (3)(B), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (6); and
(3) by inserting after paragraph (3) the following new
paragraphs:
``(4) information on the veteran status, gender, race, and
ethnicity, as reported on Form 1919 of the Administration or
any similar loan application form of the Administration, of the
eligible recipient;
``(5) the number of full-time equivalent employees of the
eligible recipient--
``(A) on February 15, 2020;
``(B) on the day the eligible recipient submitted
an application for a covered loan; and
``(C) on the day the eligible recipient submitted
an application for forgiveness of a covered loan under
this section; and''.
(d) Hold Harmless for Eligible Recipients.--Section 1106(d) of the
CARES Act (Public Law 116-136) is amended by adding at the end the
following new paragraph:
``(7) Exemption based on employee availability.--During the
period beginning on February 15, 2020 and ending on December
31, 2020, the amount of loan forgiveness under this section
shall be determined without regard to a reduction in the number
of full-time equivalent employees if an eligible recipient--
``(A) is unable rehire an individual who was an
employee of the eligible recipient on or before
February 15, 2020; or
``(B) is able to demonstrate an inability to find
similarly qualified employees on or before December 31,
2020.''.
(e) Prohibition on Limiting Forgiveness.--Section 1106(d) of the
CARES Act (Public Law 116-136), as amended by subsection (c), is
further amended by adding at the end the following new paragraph:
``(8) No limitations.--In carrying out this section, the
Administrator may not limit the non-payroll portion of a
forgivable covered loan amount.''.
(f) Hold Harmless.--Section 1106(h) of the CARES Act (Public Law
116-136), is amended by striking ``If a lender'' and all that follows
through ``during covered period'' inserting the following: ``If a
lender has received any documentation required under this Act related
to payments made by an eligible recipient attesting that the eligible
recipient has accurately verified such payments''.
SEC. 90005. IMPROVED COORDINATION BETWEEN PAYCHECK PROTECTION PROGRAM
AND EMPLOYEE RETENTION TAX CREDIT.
(a) Amendment to Paycheck Protection Program.--Section 1106(a)(8)
of the Cares Act is amended by inserting ``, except that such costs
shall not include qualified wages taken into account in determining the
credit allowed under section 2301 of this Act'' before the period at
the end.
(b) Amendments to Employee Retention Tax Credit.--
(1) In general.--Section 2301(g) of the CARES Act is
amended to read as follows:
``(g) Election to Not Take Certain Wages Into Account.--
``(1) In general.--This section shall not apply to
qualified wages paid by an eligible employer with respect to
which such employer makes an election (at such time and in such
manner as the Secretary may prescribe) to have this section not
apply to such wages.
``(2) Coordination with paycheck protection program.--The
Secretary, in consultation with the Administrator of the Small
Business Administration, shall issue guidance providing that
payroll costs paid or incurred during the covered period shall
not fail to be treated as qualified wages under this section by
reason of an election under paragraph (1) to the extent that a
covered loan of the eligible employer is not forgiven by reason
of a decision under section 1106(g). Terms used in the
preceding sentence which are also used in section 1106 shall
have the same meaning as when used in such section.''.
(2) Conforming amendments.--
(A) Section 2301 of the CARES Act is amended by
striking subsection (j).
(B) Section 2301(l) of the CARES Act is amended by
striking paragraph (3) and by redesignating paragraphs
(4) and (5) as paragraphs (3) and (4), respectively.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the provisions of the CARES Act to which they
relate.
SEC. 90006. TAXABILITY OF SUBSIDY FOR CERTAIN LOAN PAYMENTS.
Section 1112 of the CARES Act (Public Law 116-136) is amended by
inserting at the end the following new subsection:
``(g) Taxability.--For purposes of the Internal Revenue Code of
1986, any payment under this section shall not be included in the gross
income of the taxpayer on whose behalf such payment is made.''.
SEC. 90007. PROHIBITING CONFLICTS OF INTEREST FOR SMALL BUSINESS
PROGRAMS UNDER THE CARES ACT.
Section 4019 of the CARES Act (Public Law 116-136) is amended--
(1) in subsection (a), by adding at the end the following:
``(7) Small business assistance.--The term `small business
assistance' means assistance provided under--
``(A) paragraph (36) of section 7(a) of the Small
Business Act (15 U.S.C. 636(a)), as added by section
1102 of this Act;
``(B) subsection (b) or (c) of section 1103 of this
Act;
``(C) section 1110 of this Act; or
``(D) section 1112 of this Act.'';
(2) in subsection (b)--
(A) by inserting ``or provisions relating to small
business assistance'' after ``this subtitle''; and
(B) by inserting ``or for any small business
assistance'' before the period at the end; and
(3) in subsection (c)--
(A) by inserting ``or seeking any small business
assistance'' after ``4003'';
(B) by inserting ``or small business assistance''
after ``that transaction'';
(C) by inserting ``or the Administrator of the
Small Business Administration, as applicable,'' after
``System''; and
(D) by inserting ``or receive the small business
assistance'' after ``in that transaction''.
SEC. 90008. FLEXIBILITY IN DEFERRAL OF PAYMENTS OF 7(A) LOANS.
Section 7(a)(7) of the Small Business Act (15 U.S.C. 636(a)(7)) is
amended--
(1) by striking ``The Administration'' and inserting ``(A)
In general.--The Administrator'';
(2) by inserting ``and interest'' after ``principal''; and
(3) by adding at the end the following new subparagraphs:
``(B) Deferral requirements.--With respect to a deferral
provided under this paragraph, the Administrator--
``(i) shall require lenders under this subsection
to provide full payment deferment relief (including
payment of principal and interest) for a period of not
less than 1 year; and
``(ii) may allow lenders under this subsection
provide an additional deferment period if the borrower
provides documentation justifying such additional
deferment.
``(C) Secondary market.--If an investor declines to approve
a deferral or additional deferment requested by a lender under
subparagraph (B), the Administrator shall exercise the
authority to purchase the loan so that the borrower may receive
full payment deferment relief (including payment of principal
and interest) or an additional deferment as described under
subparagraph (B).''.
SEC. 90009. CERTAIN CRIMINAL VIOLATIONS AND DISASTER LOAN APPLICATIONS.
(a) In General.--The flush matter following subparagraph (E) of
section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) is
amended by striking the period at the end and inserting the following:
``: Provided further, That any application for a loan or guarantee made
pursuant to this paragraph (2) shall include a statement that an
applicant is not ineligible for assistance under this paragraph solely
because of the applicant's involvement in the criminal justice
system.''
(b) Rulemaking.--Not later than 15 days after the date of enactment
of this Act, the Administrator of the Small Business Administration
shall make necessary revisions to any rules to carry out the amendment
made by this section.
SEC. 90010. TEMPORARY FEE REDUCTIONS.
(a) 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) 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 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. 90011. GUARANTEE AMOUNTS.
(a) 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), (E), and (F), 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.''.
(b) Express Loan Guarantee Amounts.--
(1) Temporary modification.--Section 7(a)(31)(A)(iv) of the
Small Business Act (15 U.S.C. 636(a)(31)(A)(iv)) is amended 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.''.
(2) Prospective repeal.--Effective January 1, 2021, section
7(a)(31)(A)(iv) of the Small Business Act (15 U.S.C.
636(a)(31)), as amended by paragraph (1), is amended by
striking ``guarantee rate'' and all that follows through the
period at the end and inserting ``guarantee rate of not more
than 50 percent.''.
SEC. 90012. MAXIMUM LOAN AMOUNT FOR 7(A) LOANS.
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.
SEC. 90013. MAXIMUM LOAN AMOUNT FOR 504 LOANS.
(a) 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
loan amount shall be $10,000,000.
(b) 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''.
(c) Low-interest Refinancing Under the Local Development Business
Loan Program.--
(1) Repeal.--Section 521(a) of division E of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 129
Stat. 2463; 15 U.S.C. 696 note) is repealed.
(2) Refinancing.--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 new subparagraph:
``(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 that--
``(aa) was incurred not
less than 6 months 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
``(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 the loan application
is submitted; and
``(III) 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.
``(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.''.
(d) Refinancing Senior Project Debt.--During the 1-year period
beginning after the date of the enactment of this Act, a development
company described under title V of the Small Business Investment Act of
1958 (15 U.S.C. 695 et seq.) is authorized to allow the refinancing of
a senior loan on an existing project in an amount that, when combined
with the outstanding balance on the development company loan, is not
more than 90 percent of the total value of the senior loan. Proceeds of
such refinancing can be used to support business operating expenses of
such development company.
SEC. 90014. RECOVERY ASSISTANCE UNDER THE MICROLOAN PROGRAM.
(a) 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) Prospective amendment.--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''.
(b) 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 enter into third-party contracts to provide
technical assistance under clause (ii) of such section
7(m)(4)(E).
(c) 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.
(d) Funding.--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).''.
(e) Authorization of Appropriations.--In addition to amounts
provided under the Consolidated Appropriations Act, 2020 (Public Law
116-93) for the program established under section 7(m) of the Small
Business Act (15 U.S.C. 636(m)), there is authorized to be appropriated
for fiscal year 2020, to remain available until expended--
(1) $50,000,000 to provide technical assistance grants
under such section 7(m); and
(2) $7,000,000 to provide direct loans under such section
7(m).
SEC. 90015. CYBERSECURITY AWARENESS REPORTING.
Section 10 of the Small Business Act (15 U.S.C. 639) is amended by
inserting after subsection (a) the following:
``(b) Cybersecurity Reports.--
``(1) Annual report.--Not later than 180 days after the
date of enactment of this subsection, and every year
thereafter, the Administrator shall submit a report to the
appropriate congressional committees that includes--
``(A) an assessment of the information technology
(as defined in section 11101 of title 40, United States
Code) and cybersecurity infrastructure of the
Administration;
``(B) a strategy to increase the cybersecurity
infrastructure of the Administration;
``(C) a detailed account of any information
technology equipment or interconnected system or
subsystem of equipment of the Administration that was
manufactured by an entity that has its principal place
of business located in the People's Republic of China;
and
``(D) an account of any cybersecurity risk or
incident that occurred at the Administration during the
2-year period preceding the date on which the report is
submitted, and any action taken by the Administrator to
respond to or remediate any such cybersecurity risk or
incident.
``(2) Additional reports.--If the Administrator determines
that there is a reasonable basis to conclude that a
cybersecurity risk or incident occurred at the Administration,
the Administrator shall--
``(A) not later than 7 days after the date on which
the Administrator makes that determination, notify the
appropriate congressional committees of the
cybersecurity risk or incident; and
``(B) not later than 30 days after the date on
which the Administrator makes a determination under
subparagraph (A)--
``(i) provide notice to individuals and
small business concerns affected by the
cybersecurity risk or incident; and
``(ii) submit to the appropriate
congressional committees a report, based on
information available to the Administrator as
of the date which the Administrator submits the
report, that includes--
``(I) a summary of information
about the cybersecurity risk or
incident, including how the
cybersecurity risk or incident
occurred; and
``(II) an estimate of the number of
individuals and small business concerns
affected by the cybersecurity risk or
incident, including an assessment of
the risk of harm to affected
individuals and small business
concerns.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to affect the reporting requirements of the
Administrator under chapter 35 of title 44, United States Code,
in particular the requirement to notify the Federal information
security incident center under section 3554(b)(7)(C)(ii) of
such title, or any other provision of law.
``(4) Definitions.--In this subsection:
``(A) Appropriate congressional committees.--The
term `appropriate congressional committees' means--
``(i) the Committee on Small Business and
Entrepreneurship of the Senate; and
``(ii) the Committee on Small Business of
the House of Representatives.
``(B) Cybersecurity risk; incident.--The terms
`cybersecurity risk' and `incident' have the meanings
given such terms, respectively, under section 2209(a)
of the Homeland Security Act of 2002.''.
SEC. 90016. REPORTING ON SMALL BUSINESS PROGRAMS UNDER THE CARES ACT.
(a) Definitions.--In this section--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof;
(2) the term ``appropriate congressional committees''
means--
(A) Committee on Appropriations and the Committee
on Small Business and Entrepreneurship of the Senate;
and
(B) the Committee on Appropriations and the
Committee on Small Business of the House of
Representatives;
(3) the term ``covered assistance'' means--
(A) loans made under section 7(a)(36) of the Small
Business Act (15 U.S.C. 636(a)(36));
(B) an advance on a loan made under section 1110(e)
of the CARES Act (Public Law 116-136);
(C) loans made under section 7(b)(2) of the Small
Business Act (15 U.S.C. 636(b)(2)), including those
made in accordance with section 1110 of the CARES Act
(Public Law 116-136);
(D) loan forgiveness under section 1106 of the
CARES Act (Public Law 116-136); and
(E) the payment of principal, interest, and fees
under section 1112(c) of the CARES Act (Public Law 116-
136);
(4) the term ``covered loan'' has the meaning given the
term in section 1112(a) of the CARES Act (Public Law 116-136);
(5) the term ``demographics'' means veteran status, gender,
race, and ethnicity, as reported on Form 1919 of the
Administration or any similar loan application form of the
Administration; and
(6) the term ``State''--
(A) means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, and
any possession of the United States; and
(B) includes an Indian tribe, as defined in section
4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b).
(b) Daily Reporting.--
(1) In general.--During the period beginning on the day
after the date of enactment of this Act and ending on the date
on which loan, advance, or payment activity described in this
subsection related to COVID-19 has ceased, the Administrator
shall, on a daily basis, report to Congress on--
(A) the total number and dollar amount of loans or
advances, broken down by loans and grants approved and
loans and grants disbursed, under--
(i) section 7(a)(36) of the Small Business
Act (15 U.S.C. 636(a)(36));
(ii) section 1110(e) of the CARES Act
(Public Law 116-136); and
(iii) section 7(b)(2) of the Small Business
Act (15 U.S.C. 636(b)(2));
(B) for loans made under section 7(a)(36) of the
Small Business Act (15 U.S.C. 636(a)(36))--
(i) the amount of remaining authority for
the loans, in dollar amount and as a
percentage; and
(ii) an estimate of the date on which the
net and gross dollar amount of loans will reach
the maximum amount authorized for commitments
for such loans;
(C) for advances made under section 1110(e) of the
CARES Act (Public Law 116-136)--
(i) the amount of remaining funds
appropriated for the advances, in dollar amount
and as a percentage; and
(ii) an estimate of the date on which the
funds will be expended; and
(D) for loans made under section 7(b)(2) of the
Small Business Act (15 U.S.C. 636(b)(2))--
(i) the amount of remaining authority for
the loans, in dollar amount and as a
percentage; and
(ii) an estimate of the date on which the
net and gross dollar amount of loans will reach
the maximum amount authorized for commitments
for such loans.
(2) Reporting on debt relief for microloans, 7(a) loans,
and 504 loans.--The Administrator shall include in each daily
report submitted under paragraph (1), and update on a monthly
basis until the date described in paragraph (1), with respect
to payments made on covered loans under section 1112(c) of the
CARES Act (Public Law 116-136)--
(A) the amount of remaining funds appropriated for
the payments, in dollar amount and as a percentage; and
(B) an estimate of the date on which the funds will
be expended.
(c) Weekly Reporting.--
(1) In general.--Not later than 1 week after the date of
enactment of this Act, and every week thereafter until the date
on which loan, advance, or payment activity described in this
subsection related to COVID-19 has ceased, the Administrator
shall submit to Congress a report on--
(A) loans made under section 7(a)(36) of the Small
Business Act (15 U.S.C. 636(a)(36)), which shall
include--
(i) the number and dollar amount of loans
approved for or disbursed to all borrowers,
including a breakout of loans by State,
congressional district, demographics, industry,
and loan size;
(ii) the number and dollar amount of loans
approved for or disbursed to business concerns
assigned a North American Industry
Classification System code beginning with 72,
including a breakout of loans by State,
congressional district, demographics, and loan
size;
(iii) the number and dollar amount of loans
approved for or disbursed to nonprofit
organizations and veterans organizations (as
those terms are defined in section 7(a)(36)(A)
of the Small Business Act (15 U.S.C.
636(a)(36)(A)), including religious
institutions, including a breakout of loans by
State, congressional district, industry, and
loan size;
(iv) for each category of borrowers
described in clauses (i), (ii), and (iii)--
(I) the number of full-time
equivalent employees at the time at
which the borrower submits a loan
application;
(II) the number of full-time
equivalent employees at the time at
which the borrower receives loan
forgiveness under section 1106 of the
CARES Act (Public Law 116-136); and
(III) the number of full-time
equivalent employees expected for
borrowers in the 6-month period
following forgiveness of the loan;
(v) the number and dollar amount of loans
fully forgiven under section 1106 of the CARES
Act (Public Law 116-136), as compared to the
number and dollar amount of loans made as of
the date of the report;
(vi) the number and dollar amount of loans
not fully forgiven under section 1106 of the
CARES Act (Public Law 116-136), and the
proportion of that dollar amount of loans that
become term loans guaranteed by the
Administration under section 7(a)(36) of the
Small Business Act (15 U.S.C. 636(a)(36));
(vii) the total amount of the lender
compensation fees paid to lenders; and
(viii) the total amount lenders paid in
broker fees; and
(B) loans made under section 7(b)(2) of the Small
Business Act (15 U.S.C. 636(b)(2)) and advances made
under section 1110(e) of the CARES Act (Public Law 116-
136), which shall include--
(i) the number and dollar amount of loans
approved for or disbursed to all borrowers,
including a breakout of loans by State,
congressional district, demographics, industry,
and loan size;
(ii) the number and dollar amount of
advances approved for or disbursed to grantees,
including a breakout of loans by State,
congressional district, demographics, industry,
and grant size;
(iii) the number and dollar amount of
advances approved for or disbursed to private
nonprofit organizations, including a breakout
by State, congressional district, industry, and
loan or grant size;
(iv) for each category of recipients, the
number of full-time equivalent employees of the
recipient at the time at which an application
is submitted for the loan or advance, and the
number of jobs created or retained because of
the loan or advance;
(v) loan processing times, including
processing times for application to approval
and approval to disbursement; and
(vi) advance processing times, including
the percentage of advances that were provided
within 3 days of submission of the application,
as required under section 1110(e)(1) of the
CARES Act (Public Law 116-136).
(2) Reporting on debt relief for microloans, 7(a) loans,
and 504 loans.--The Administrator shall include in each weekly
report submitted under paragraph (1), and update on a monthly
basis until the date described in paragraph (1), with respect
to payments made on covered loans under section 1112(c) of the
CARES Act (Public Law 116-136)--
(A) the total dollar amount approved and the total
amount disbursed by the Administration and the number
of borrowers receiving assistance under such section
1112(c), including a breakdown by--
(i) each type of covered loan described in
subparagraph (A) and (B) of paragraph (1) and
paragraph (2) of such section 1112(a); and
(ii) whether the borrower is--
(I) an existing borrower of a
covered loan, as described in
subparagraph (A) or (B) of such section
1112(c)(1); or
(II) a new borrower of a covered
loan, as described in subparagraph (C)
of such section 1112(c)(1);
(B) the total dollar amount approved and the total
amount disbursed by the Administration by the
Administration and number of borrowers receiving
assistance under such section 1112(c) broken out by
State and congressional district, including a breakdown
by each type of covered loan described in subparagraph
(A) and (B) of paragraph (1) and paragraph (2) of such
section 1112(a); and
(C) the total number and amount of new covered
loans by approval and disbursement broken out by
lending institution, including a breakout of loans by
State, congressional district, demographics, industry,
and loan size.
(d) Report on Waste, Fraud and Abuse.--Not later than 30 days after
the date of enactment of this Act, the Administrator and the Secretary
of the Treasury shall submit to Congress a joint report on steps that
the Administration and the Department of the Treasury are taking to
identify and prevent potential instances of waste, fraud, and abuse
relating to covered assistance, including borrower compliance with any
loan deferment, relief, or forgiveness provided through covered
assistance.
(e) Report on Jobs for the Debt Relief Program.--
(1) In general.--To the extent practicable, with respect to
each type of covered loan described in subparagraphs (A) and
(B) of paragraph (1) and paragraph (2) of section 1112(a) of
the CARES Act (Public Law 116-136), the Administrator shall
submit to Congress a report on--
(A) the number of full-time equivalent employees--
(i) for existing borrowers of a covered
loan, as described in subparagraph (A) or (B)
of such section 1112(c)(1) at the start of the
debt relief under such section 1112(c); and
(ii) for new borrowers of a covered loan,
as described in subparagraph (C) of such
section 1112(c)(1), at the time of application
for the covered loan; and
(B) the number of jobs created or retained because
of the covered loan or the debt relief.
(2) Timing.--The Administrator shall, to the extent
practicable, submit to Congress the report required under
paragraph (1) not later than October 1, 2020, with an updated
version submitted not later than January 31, 2021.
(f) Report on CARES Act Salaries and Expenses Funding.--Not later
than 30 days after the date of enactment of this Act, the Administrator
shall submit to the appropriate congressional committees a report that
includes the plans of the Administrator to use the $675,000,000
provided in section 1107(a)(2) of the CARES Act (Public Law 116-136)
for salaries and expenses, and the $2,100,000,000 provided in title II
of the Paycheck Protection Program and Health Care Enhancement Act
(Public Law 116-139) for salaries and expenses (including staff hired,
the use of outside consultants, program improvements, and system
upgrades), to carry out the provisions of title I of division A of the
CARES Act (Public Law 116-136).
(g) Collection of Additional Data.--The Administrator shall collect
and make publically available--
(1) the number and dollar amount of loans approved and for
or disbursed under 7(a)(36) of the Small Business Act (15
U.S.C. 636(a)(36)) to borrowers broken out by lending
institution, including a breakout of loans made by the lending
institution by State, congressional district, demographics,
industry, and loan size, and the number and percent of loan
applicants that were new or existing customers of the lender;
(2) the total amount of the lender compensation fees paid
to each lender under such section 7(a)(36);
(3) the total amount each lender paid in broker fees under
such section 7(a)(36); and
(4) to the extent practicable, detailed information on
processing times for--
(A) loan approvals and loan disbursements under
such section 7(a)(36); and
(B) notices of forgiveness of the loans under
section 1106 of the CARES Act (Public Law 116-136) to
borrowers.
(h) Format of Reported Data.--Not later than 30 days after the date
of enactment of this Act, the Administrator shall make available on a
publicly available website in a standardized and downloadable format,
and update on a monthly basis, any data contained in a report submitted
under this section.
SEC. 90017. FUNDING FOR RESOURCES AND SERVICES IN LANGUAGES OTHER THAN
ENGLISH.
Of the unobligated balances of amounts appropriated for salaries
and expenses by section 1107(a)(2) of the CARES Act, $25,000,000 shall
be made available to carry out the requirements of section 1111 of such
Act.
SEC. 90018. DIRECT APPROPRIATION.
There is appropriated, out of amounts in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2020, to remain
available until September 30, 2021--
(1) $500,000,000 under the heading ``Small Business
Administration--Business Loans Program Account'' to carry out
the requirements of sections 90010, 90011, and 90012 of this
division; and
(2) $7,000,000 under the heading ``Small Business
Administration--Business Loans Program Account'' to carry out
the requirements of section 90014 of this division; and
(3) $50,000,000 under the heading ``Small Business
Administration--Entrepreneurial Development Programs'' for
technical assistance grants, as authorized under section 90014
of this division.
DIVISION J--SUPPORT FOR ESSENTIAL WORKERS, AT-RISK INDIVIDUALS,
FAMILIES, AND COMMUNITIES
TITLE I--FAMILY CARE FOR ESSENTIAL WORKERS
SEC. 100101. FAMILY CARE FOR ESSENTIAL WORKERS.
(a) Increase in Funding.--
(1) In general.--The amount specified in subsection (c) of
section 2003 of the Social Security Act for purposes of
subsections (a) and (b) of such section is deemed to be
$12,150,000,000 for fiscal year 2020, of which $850,000,000
shall be obligated by States during calendar year 2020 in
accordance with subsection (b) of this section.
(2) Appropriation.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated $850,000,000 for fiscal year 2020 to carry out
this section.
(b) Rules Governing Use of Additional Funds.--
(1) In general.--Funds are used in accordance with this
subsection if--
(A) the funds are used for--
(i) child care services for a child of an
essential worker; or
(ii) daytime care services or other adult
protective services for an individual who--
(I) is a dependent, or a member of
the household of, an essential worker;
and
(II) requires the services;
(B) the funds are provided to reimburse an
essential worker for the cost of obtaining the services
(including child care services obtained on or after the
date the Secretary of Health and Human Services
declared a public health emergency 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''), to a provider of child care
services, or to establish a temporary child care
facility operated by a State or local government;
(C) eligibility for the funds or services, and the
amount of funds or services provided, is not
conditioned on a means test;
(D) the funds are used subject to the limitations
in section 2005 of the Social Security Act, except
that, for purposes of this subparagraph--
(i) paragraphs (3), (5), and (8) of section
2005(a) of such Act shall not apply; and
(ii)(I) the limitation in section
2005(a)(7) of such Act shall not apply with
respect to any standard which the State
involved determines would impede the ability of
the State to provide emergency temporary care
to a child, dependent, or household member
referred to in subparagraph (A) of this
paragraph; and
(II) if the State determines that such a
standard would be so impeding, the State shall
report the determination to the Secretary,
separately from the annual report to the
Secretary by the State;
(E) the funds are used to supplement, not supplant,
State general revenue funds for child care assistance;
and
(F) the funds are not used for child care costs
that are--
(i) covered by funds provided under the
Child Care and Development Block Grant Act of
1990 or section 418 of the Social Security Act;
or
(ii) reimbursable by the Federal Emergency
Management Agency.
(2) Essential worker defined.--In paragraph (1), the term
``essential worker'' means--
(A) a health sector employee;
(B) an emergency response worker;
(C) a sanitation worker;
(D) a worker at a business which a State or local
government official has determined must remain open to
serve the public during the emergency referred to in
paragraph (1)(B); and
(E) any other worker who cannot telework, and whom
the State deems to be essential during the emergency
referred to in paragraph (1)(B).
TITLE II--PANDEMIC EMERGENCY ASSISTANCE AND SERVICES
SEC. 100201. FUNDING TO STATES, LOCALITIES, AND COMMUNITY-BASED
ORGANIZATIONS FOR EMERGENCY AID AND SERVICES.
(a) Funding for States.--
(1) Increase in funding for social services block grant
program.--
(A) Appropriation.--Out of any money in the
Treasury of the United States not otherwise
appropriated, there are appropriated $9,600,000,000,
which shall be available for payments under section
2002 of the Social Security Act.
(B) Deadline for distribution of funds.--Within 45
days after the date of the enactment of this Act, the
Secretary of Health and Human Services shall distribute
the funds made available by this paragraph, which shall
be made available to States on an emergency basis for
immediate obligation and expenditure.
(C) Submission of revised pre-expenditure report.--
Within 90 days after a State receives funds made
available by this paragraph, the State shall submit to
the Secretary a revised pre-expenditure report pursuant
to title XX of the Social Security Act that describes
how the State plans to administer the funds.
(D) Obligation of funds by states.--A State to
which funds made available by this paragraph are
distributed shall obligate the funds not later than
December 31, 2020.
(E) Expenditure of funds by states.--A grantee to
which a State (or a subgrantee to which a grantee)
provides funds made available by this paragraph shall
expend the funds not later than December 31, 2021.
(2) Rules governing use of additional funds.--A State to
which funds made available by paragraph (1)(B) are distributed
shall use the funds in accordance with the following:
(A) Purpose.--
(i) In general.--The State shall use the
funds only to support the provision of
emergency services to disadvantaged children,
families, and households.
(ii) Disadvantaged defined.--In this
paragraph, the term ``disadvantaged'' means,
with respect to an entity, that the entity--
(I) is an individual, or is located
in a community, that is experiencing
material hardship;
(II) is a household in which there
is a child (as defined in section 12(d)
of the Richard B. Russell National
School Lunch Act) or a child served
under section 11(a)(1) of such Act,
who, if not for the closure of the
school attended by the child during a
public health emergency designation and
due to concerns about a COVID-19
outbreak, would receive free or reduced
price school meals pursuant to such
Act;
(III) is an individual, or is
located in a community, with barriers
to employment; or
(IV) is located in a community
that, as of the date of the enactment
of this Act, is not experiencing a 56-
day downward trajectory of--
(aa) influenza-like
illnesses;
(bb) COVID-like syndromic
cases;
(cc) documented COVID-19
cases; or
(dd) positive test results
as a percentage of total COVID-
19 tests.
(B) Pass-through to local entities.--
(i) In the case of a State in which a
county administers or contributes financially
to the non-Federal share of the amounts
expended in carrying out a State program funded
under title IV of the Social Security Act, the
State may pass funds so made available through
to--
(I) the chief elected official of
the city or urban county that
administers the program; or
(II) local government and
community-based organizations.
(ii) In the case of any other State, the
State shall--
(I) pass the funds through to--
(aa)(AA) local governments
that will expend or distribute
the funds in consultation with
community-based organizations
with experience serving
disadvantaged families or
individuals; or
(BB) community-based
organizations with experience
serving disadvantaged families
and individuals; and
(bb) sub-State areas in
proportions based on the
population of disadvantaged
individuals living in the
areas; and
(II) report to the Secretary on how
the State determined the amounts passed
through pursuant to this clause.
(C) Methods.--
(i) In general.--The State shall use the
funds only for--
(I) administering emergency
services;
(II) providing short-term cash,
non-cash, or in-kind emergency disaster
relief;
(III) providing services with
demonstrated need in accordance with
objective criteria that are made
available to the public;
(IV) operational costs directly
related to providing services described
in subclauses (I), (II), and (III);
(V) local government emergency
social service operations; and
(VI) providing emergency social
services to rural and frontier
communities that may not have access to
other emergency funding streams.
(ii) Administering emergency services
defined.--In clause (i), the term
``administering emergency services'' means--
(I) providing basic disaster
relief, economic, and well-being
necessities to ensure communities are
able to safely observe shelter-in-place
and social distancing orders;
(II) providing necessary supplies
such as masks, gloves, and soap, to
protect the public against infectious
disease; and
(III) connecting individuals,
children, and families to services or
payments for which they may already be
eligible.
(D) Prohibitions.--
(i) No individual eligibility
determinations by grantees or subgrantees.--
Neither a grantee to which the State provides
the funds nor any subgrantee of such a grantee
may exercise individual eligibility
determinations for the purpose of administering
short-term, non-cash, in-kind emergency
disaster relief to communities.
(ii) Applicability of certain social
services block grant funds use limitations.--
The State shall use the funds subject to the
limitations in section 2005 of the Social
Security Act, except that, for purposes of this
clause, section 2005(a)(2) and 2005(a)(8) of
such Act shall not apply.
(iii) No supplantation of certain state
funds.--The State may use the funds to
supplement, not supplant, State general revenue
funds for social services.
(iv) Ban on use for certain costs
reimbursable by fema.--The State may not use
the funds for costs that are reimbursable by
the Federal Emergency Management Agency, under
a contract for insurance, or by self-insurance.
(b) Funding for Federally Recognized Indian Tribes and Tribal
Organizations.--
(1) Grants.--
(A) In general.--Within 90 days after the date of
the enactment of this Act, the Secretary of Health and
Human Services shall make grants to federally
recognized Indian Tribes and Tribal organizations.
(B) Amount of grant.--The amount of the grant for
an Indian Tribe or Tribal organization shall bear the
same ratio to the amount appropriated by paragraph (3)
as the total amount of grants awarded to the Indian
Tribe or Tribal organization under the Low-Income Home
Energy Assistance Act of 1981 and the Community Service
Block Grant for fiscal year 2020 bears to the total
amount of grants awarded to all Indian Tribes and
Tribal organizations under such Act and such Grant for
the fiscal year.
(2) Rules governing use of funds.--An entity to which a
grant is made under paragraph (1) shall obligate the funds not
later than December 31, 2020, and the funds shall be expended
by grantees and subgrantees not later than December 31, 2021,
and used in accordance with the following:
(A) Purpose.--
(i) In general.--The grantee shall use the
funds only to support the provision of
emergency services to disadvantaged households.
(ii) Disadvantaged defined.--In clause (i),
the term ``disadvantaged'' means, with respect
to an entity, that the entity--
(I) is an individual, or is located
in a community, that is experiencing
material hardship;
(II) is a household in which there
is a child (as defined in section 12(d)
of the Richard B. Russell National
School Lunch Act) or a child served
under section 11(a)(1) of such Act,
who, if not for the closure of the
school attended by the child during a
public health emergency designation and
due to concerns about a COVID-19
outbreak, would receive free or reduced
price school meals pursuant to such
Act;
(III) is an individual, or is
located in a community, with barriers
to employment; or
(IV) is located in a community
that, as of the date of the enactment
of this Act, is not experiencing a 56-
day downward trajectory of--
(aa) influenza-like
illnesses;
(bb) COVID-like syndromic
cases;
(cc) documented COVID-19
cases; or
(dd) positive test results
as a percentage of total COVID-
19 tests.
(B) Methods.--
(i) In general.--The grantee shall use the
funds only for--
(I) administering emergency
services;
(II) providing short-term, non-
cash, in-kind emergency disaster
relief; and
(III) tribal emergency social
service operations.
(ii) Administering emergency services
defined.--In clause (i), the term
``administering emergency services'' means--
(I) providing basic economic and
well-being necessities to ensure
communities are able to safely observe
shelter-in-place and social distancing
orders;
(II) providing necessary supplies
such as masks, gloves, and soap, to
protect the public against infectious
disease; and
(III) connecting individuals,
children, and families to services or
payments for which they may already be
eligible.
(C) Prohibitions.--
(i) No individual eligibility
determinations by grantees or subgrantees.--
Neither the grantee nor any subgrantee may
exercise individual eligibility determinations
for the purpose of administering short-term,
non-cash, in-kind emergency disaster relief to
communities.
(ii) Ban on use for certain costs
reimbursable by fema.--The grantee may not use
the funds for costs that are reimbursable by
the Federal Emergency Management Agency, under
a contract for insurance, or by self-insurance.
(3) Appropriation.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated to the Secretary of Health and Human Services
$400,000,000 to carry out this subsection.
SEC. 100202. EMERGENCY ASSISTANCE TO 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 $193,000,000.
(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 January 31, 2021:
(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) 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 such Act, and includes an Indian tribe,
tribal organization, or tribal consortium with an application and plan
approved under section 477(j) of such Act for fiscal year 2020.
SEC. 100203. EMERGENCY ASSISTANCE TO FAMILIES THROUGH HOME VISITING
PROGRAMS.
(a) In General.--For purposes of section 511 of the Social Security
Act, during the period that begins on February 1, 2020, and ends
January 31, 2021--
(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;
(C) to provide emergency supplies (such as diapers,
formula, non-perishable food, water, hand soap and hand
sanitizer) to families served; and
(D) to provide prepaid debit cards to an eligible
family (as defined in section 511(k)(2) of such Act)
for the purpose of enabling the family to meet the
emergency needs of the family.
(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.
(d) Supplemental Appropriation.--In addition to amounts otherwise
appropriated, out of any money in the Treasury of the United States not
otherwise appropriated, there are appropriated to the Secretary of
Health and Human Services $100,000,000, to enable eligible entities to
conduct programs funded under section 511 of the Social Security Act
pursuant to this section, which shall remain available for obligation
not later than January 31, 2021.
TITLE III--PROGRAM FLEXIBILITY DURING THE PANDEMIC
SEC. 100301. EMERGENCY FLEXIBILITY FOR CHILD WELFARE PROGRAMS.
(a) In General.--With respect to the period that begins on March 1,
2020, and ends January 31, 2021:
(1) Authority of states to determine how daily activities
may be conducted remotely.--The Secretary of Health and Human
Services 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.
(2) 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.
(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, 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. 100302. EMERGENCY FLEXIBILITY FOR CHILD SUPPORT PROGRAMS.
(a) In General.--With respect to the period that begins on March 1,
2020, and ends January 31, 2021:
(1) Sections 408(a)(2), 409(a)(5), and 409(a)(8) of the
Social Security Act shall have no force or effect.
(2) Notwithstanding section 466(d) of such Act, the
Secretary of Health and Human Services (in this subsection
referred to as the ``Secretary'') may exempt a State from any
requirement of section 466 of such Act to respond to the COVID-
19 pandemic, except that the Secretary may not exempt a State
from any requirement to--
(A) provide a parent with notice of a right to
request a review and, if appropriate, adjustment of a
support order; or
(B) afford a parent the opportunity to make such a
request.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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. 100303. EMERGENCY FLEXIBILITY FOR STATE TANF PROGRAMS.
(a) State Programs.--Sections 407(a), 407(e)(1), and 408(a)(7)(A)
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
section 409(d) 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 January
31, 2021.
(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)or other work-related
activity as defined by a State or tribal program funded under
part A of title IV of such Act.
(3) Other terms.--Each other term has the meaning given the
term in section 419 of the Social Security Act.
DIVISION K--COVID-19 HERO ACT
SEC. 110001. SHORT TITLE; TABLE OF CONTENTS.
This division may be cited as the ``COVID-19 Housing, Economic
Relief, and Oversight Act'' or the ``COVID-19 HERO Act''.
TITLE I--PROVIDING MEDICAL EQUIPMENT FOR FIRST RESPONDERS AND ESSENTIAL
WORKERS
SEC. 110101. COVID-19 EMERGENCY MEDICAL SUPPLIES ENHANCEMENT.
(a) Determination on Emergency Supplies and Relationship to State
and Local Efforts.--
(1) Determination.--For the purposes of section 101 of the
Defense Production Act of 1950 (50 U.S.C. 4511), the following
materials shall be deemed to be scarce and critical materials
essential to the national defense and otherwise meet the
requirements of section 101(b) of such Act during the COVID-19
emergency period:
(A) Diagnostic tests, including serological tests,
for COVID-19 and the reagents and other materials
necessary for producing or conducting such tests.
(B) Personal protective equipment, including face
shields, N-95 respirator masks, and any other masks
determined by the Secretary of Health and Human
Services to be needed to respond to the COVID-19
pandemic, and the materials to produce such equipment.
(C) Medical ventilators, the components necessary
to make such ventilators, and medicines needed to use a
ventilator as a treatment for any individual who is
hospitalized for COVID-19.
(D) Pharmaceuticals and any medicines determined by
the Food and Drug Administration or another Government
agency to be effective in treating COVID-19 (including
vaccines for COVID-19) and any materials necessary to
produce or use such pharmaceuticals or medicines
(including self-injection syringes or other delivery
systems).
(E) Any other medical equipment or supplies
determined by the Secretary of Health and Human
Services or the Secretary of Homeland Security to be
scarce and critical materials essential to the national
defense for purposes of section 101 of the Defense
Production Act of 1950 (50 U.S.C. 4511).
(2) Exercise of title i authorities in relation to
contracts by state and local governments.--In exercising
authorities under title I of the Defense Production Act of 1950
(50 U.S.C. 4511 et seq.) during the COVID-19 emergency period,
the President (and any officer or employee of the United States
to which authorities under such title I have been delegated)--
(A) may exercise the prioritization or allocation
authority provided in such title I to exclude any
materials described in paragraph (1) ordered by a State
or local government that are scheduled to be delivered
within 15 days of the time at which--
(i) the purchase order or contract by the
Federal Government for such materials is made;
or
(ii) the materials are otherwise allocated
by the Federal Government under the authorities
contained in such Act; and
(B) shall, within 24 hours of any exercise of the
prioritization or allocation authority provided in such
title I--
(i) notify any State or local government if
the exercise of such authorities would delay
the receipt of such materials ordered by such
government; and
(ii) take such steps as may be necessary to
ensure that such materials ordered by such
government are delivered in the shortest
possible period.
(3) Update to the federal acquisition regulation.--Not
later than 15 days after the date of the enactment of this Act,
the Federal Acquisition Regulation shall be revised to reflect
the requirements of paragraph (2)(A).
(b) Engagement With the Private Sector.--
(1) Sense of congress.--The Congress--
(A) appreciates the willingness of private
companies not traditionally involved in producing items
for the health sector to volunteer to use their
expertise and supply chains to produce essential
medical supplies and equipment;
(B) encourages other manufacturers to review their
existing capacity and to develop capacity to produce
essential medical supplies, medical equipment, and
medical treatments to address the COVID-19 emergency;
and
(C) commends and expresses deep appreciation to
individual citizens who have been producing personal
protective equipment and other materials for, in
particular, use at hospitals in their community.
(2) Outreach representative.--
(A) Designation.--Consistent with the authorities
in title VII of the Defense Production Act of 1950 (50
U.S.C. 4551 et seq.), the Administrator of the Federal
Emergency Management Agency, in consultation with the
Secretary of Health and Human Services, shall designate
or shall appoint, pursuant to section 703 of such Act
(50 U.S.C. 4553), an individual to be known as the
``Outreach Representative''. Such individual shall--
(i) be appointed from among individuals
with substantial experience in the private
sector in the production of medical supplies or
equipment; and
(ii) act as the Government-wide single
point of contact during the COVID-19 emergency
for outreach to manufacturing companies and
their suppliers who may be interested in
producing medical supplies or equipment,
including the materials described under
subsection (a).
(B) Encouraging partnerships.--The Outreach
Representative shall seek to develop partnerships
between companies, in coordination with the Supply
Chain Stabilization Task Force or any overall
coordinator appointed by the President to oversee the
response to the COVID-19 emergency, including through
the exercise of the authorities under section 708 of
the Defense Production Act of 1950 (50 U.S.C. 4558).
(c) Enhancement of Supply Chain Production.--In exercising
authority under title III of the Defense Production Act of 1950 (50
U.S.C. 4531 et seq.) with respect to materials described in subsection
(a), the President shall seek to ensure that support is provided to
companies that comprise the supply chains for reagents, components, raw
materials, and other materials and items necessary to produce or use
the materials described in subsection (a).
(d) Oversight of Current Activity and Needs.--
(1) Response to immediate needs.--
(A) In general.--Not later than 7 days after the
date of the enactment of this Act, the President, in
coordination with the National Response Coordination
Center of the Federal Emergency Management Agency, the
Administrator of the Defense Logistics Agency, the
Secretary of Health and Human Services, the Secretary
of Veterans Affairs, and heads of other Federal
agencies (as appropriate), shall submit to the
appropriate congressional committees a report assessing
the immediate needs described in subparagraph (B) to
combat the COVID-19 pandemic and the plan for meeting
those immediate needs.
(B) Assessment.--The report required by this
paragraph shall include--
(i) an assessment of the needs for medical
supplies or equipment necessary to address the
needs of the population of the United States
infected by the virus SARS-CoV-2 that causes
COVID-19 and to prevent an increase in the
incidence of COVID-19 throughout the United
States, including diagnostic tests, serological
tests, medicines that have been approved by the
Food and Drug Administration to treat COVID-19,
and ventilators and medicines needed to employ
ventilators;
(ii) based on meaningful consultations with
relevant stakeholders, an assessment of the
need for personal protective equipment and
other supplies (including diagnostic tests)
required by--
(I) health professionals, health
workers, and hospital staff;
(II) workers in industries and
sectors described in the ``Advisory
Memorandum on Identification of
Essential Critical Infrastructure
Workers during the COVID-19 Response''
issued by the Director of Cybersecurity
and Infrastructure Security Agency of
the Department of Homeland Security on
April 17, 2020 (and any expansion of
industries and sectors included in
updates to such advisory memorandum);
and
(III) other workers determined to
be essential based on such
consultation;
(iii) an assessment of the quantities of
equipment and supplies in the Strategic
National Stockpile (established under section
319F-2 of the Public Health Service Act ((42
U.S.C. 247d-6b(a)(1))) as of the date of the
report, and the projected gap between the
quantities of equipment and supplies identified
as needed in the assessment under clauses (i)
and (ii) and the quantities in the Strategic
National Stockpile;
(iv) an identification of the industry
sectors and manufacturers most ready to fulfill
purchase orders for such equipment and supplies
(including manufacturers that may be
incentivized) through the exercise of authority
under section 303(e) of the Defense Production
Act of 1950 (50 U.S.C. 4533(e)) to modify,
expand, or improve production processes to
manufacture such equipment and supplies to
respond immediately to a need identified in
clause (i) or (ii);
(v) an identification of Government-owned
and privately-owned stockpiles of such
equipment and supplies not included in the
Strategic National Stockpile that could be
repaired or refurbished;
(vi) an identification of previously
distributed critical supplies that can be
redistributed based on current need;
(vii) a description of any exercise of the
authorities described under paragraph (1)(E) or
(2)(A) of subsection (a); and
(viii) an identification of critical areas
of need, by county and by areas identified by
the Indian Health Service, in the United States
and the metrics and criteria for identification
as a critical area.
(C) Plan.--The report required by this paragraph
shall include a plan for meeting the immediate needs to
combat the COVID-19 pandemic, including the needs
described in subparagraph (B). Such plan shall
include--
(i) each contract the Federal Government
has entered into to meet such needs, including
the purpose of each contract, the type and
amount of equipment, supplies, or services to
be provided under the contract, the entity
performing such contract, and the dollar amount
of each contract;
(ii) each contract that the Federal
Government intends to enter into within 14 days
after submission of such report, including the
information described in subparagraph (B) for
each such contract; and
(iii) whether any of the contracts
described in clause (i) or (ii) have or will
have a priority rating under the Defense
Production Act of 1950 (50 U.S.C. 4501 et
seq.), including purchase orders pursuant to
Department of Defense Directive 4400.1 (or any
successor directive), subpart A of part 101 of
title 45, Code of Federal Regulations, or any
other applicable authority.
(D) Additional requirements.--The report required
by this paragraph, and each update required by
subparagraph (E), shall include--
(i) any requests for equipment and supplies
from State or local governments and Indian
Tribes, and an accompanying list of the
employers and unions consulted in developing
these requests;
(ii) any modeling or formulas used to
determine allocation of equipment and supplies,
and any related chain of command issues on
making final decisions on allocations;
(iii) the amount and destination of
equipment and supplies delivered;
(iv) an explanation of why any portion of
any contract, whether to replenish the
Strategic National Stockpile or otherwise, will
not be filled;
(v) of products procured under this
section, the percentage of such products that
are used to replenish the Strategic National
Stockpile, that are targeted to COVID-19
hotspots, and that are used for the commercial
market;
(vi) metrics, formulas, and criteria used
to determine COVID-19 hotspots or areas of
critical need for a State, county, or an area
identified by the Indian Health Service;
(vii) production and procurement
benchmarks, where practicable; and
(viii) results of the consultation with the
relevant stakeholders required by subparagraph
(B)(ii).
(E) Updates.--The President, in coordination with
the National Response Coordination Center of the
Federal Emergency Management Agency, the Administrator
of the Defense Logistics Agency, the Secretary of
Health and Human Services, the Secretary of Veterans
Affairs, and heads of other Federal agencies (as
appropriate), shall update such report every 14 days.
(F) Public availability.--The President shall make
the report required by this paragraph and each update
required by subparagraph (E) available to the public,
including on a Government website.
(2) Response to longer-term needs.--
(A) In general.--Not later than 14 days after the
date of enactment of this Act, the President, in
coordination with the National Response Coordination
Center of the Federal Emergency Management Agency, the
Administrator of the Defense Logistics Agency, the
Secretary of Health and Human Services, the Secretary
of Veterans Affairs, and heads of other Federal
agencies (as appropriate), shall submit to the
appropriate congressional committees a report
containing an assessment of the needs described in
subparagraph (B) to combat the COVID-19 pandemic and
the plan for meeting such needs during the 6-month
period beginning on the date of submission of the
report.
(B) Assessment.--The report required by this
paragraph shall include--
(i) an assessment of the elements describe
in clauses (i) through (v) and clause (viii) of
paragraph (1)(B); and
(ii) an assessment of needs related to
COVID-19 vaccines and any additional services
to address the COVID-19 pandemic, including
services related to health surveillance to
ensure that the appropriate level of contact
tracing related to detected infections is
available throughout the United States.
(C) Plan.--The report required by this paragraph
shall include a plan for meeting the longer-term needs
to combat the COVID-19 pandemic, including the needs
described in subparagraph (B). This plan shall
include--
(i) a plan to exercise authorities under
the Defense Production Act of 1950 (50 U.S.C.
4501 et seq.) necessary to increase the
production of the medical equipment, supplies,
and services that are essential to meeting the
needs identified in subparagraph (B), including
the number of N-95 respirator masks and other
personal protective equipment needed, based on
meaningful consultations with relevant
stakeholders, by the private sector to resume
economic activity and by the public and
nonprofit sectors to significantly increase
their activities;
(ii) results of the consultations with the
relevant stakeholders required by clause
(i)(II);
(iii) an estimate of the funding and other
measures necessary to rapidly expand
manufacturing production capacity for such
equipment and supplies, including--
(I) any efforts to expand, retool,
or reconfigure production lines;
(II) any efforts to establish new
production lines through the purchase
and installation of new equipment; or
(III) the issuance of additional
contracts, purchase orders, purchase
guarantees, or other similar measures;
(iv) each contract the Federal Government
has entered into to meet such needs or expand
such production, the purpose of each contract,
the type and amount of equipment, supplies, or
services to be provided under the contract, the
entity performing such contract, and the dollar
amount of each contract;
(v) each contract that the Federal
Government intends to enter into within 14 days
after submission of such report, including the
information described in clause (iv) for each
such contract;
(vi) whether any of the contracts described
in clause (iv) or (v) have or will have a
priority rating under the Defense Production
Act of 1950 (50 U.S.C. 4501 et seq.), including
purchase orders pursuant to Department of
Defense Directive 4400.1 (or any successor
directive), subpart A of part 101 of title 45,
Code of Federal Regulations, or any other
applicable authority; and
(vii) the manner in which the Defense
Production Act of 1950 (50 U.S.C. 4501 et seq.)
could be used to increase services necessary to
combat the COVID-19 pandemic, including
services described in subparagraph (B)(ii).
(D) Updates.--The President, in coordination with
the National Response Coordination Center of the
Federal Emergency Management Agency, the Administrator
of the Defense Logistics Agency, the Secretary of
Health and Human Services, the Secretary of Veterans
Affairs, and heads of other Federal agencies (as
appropriate), shall update such report every 14 days.
(E) Public availability.--The President shall make
the report required by this subsection and each update
required by subparagraph (D) available to the public,
including on a Government website.
(3) Report on exercising authorities under the defense
production act of 1950.--
(A) In general.--Not later than 14 days after the
date of the enactment of this Act, the President, in
consultation with the Administrator of the Federal
Emergency Management Agency, the Secretary of Defense,
and the Secretary of Health and Human Services, shall
submit to the appropriate congressional committees a
report on the exercise of authorities under titles I,
III, and VII of the Defense Production Act of 1950 (50
U.S.C. 4501 et seq.) prior to the date of such report.
(B) Contents.--The report required under
subparagraph (A) and each update required under
subparagraph (C) shall include, with respect to each
exercise of such authority--
(i) an explanation of the purpose of the
applicable contract, purchase order, or other
exercise of authority (including an allocation
of materials, services, and facilities under
section 101(a)(2) of the Defense Production Act
of 1950 (50 U.S.C. 4511(a)(2));
(ii) the cost of such exercise of
authority; and
(iii) if applicable--
(I) the amount of goods that were
purchased or allocated;
(II) an identification of the
entity awarded a contract or purchase
order or that was the subject of the
exercise of authority; and
(III) an identification of any
entity that had shipments delayed by
the exercise of any authority under the
Defense Production Act of 1950 (50
U.S.C. 4501 et seq.).
(C) Updates.--The President shall update the report
required under subparagraph (A) every 14 days.
(D) Public availability.--The President shall make
the report required by this subsection and each update
required by subparagraph (C) available to the public,
including on a Government website.
(4) Quarterly reporting.--The President shall submit to
Congress, and make available to the public (including on a
Government website), a quarterly report detailing all
expenditures made pursuant to titles I, III, and VII of the
Defense Production Act of 1950 50 U.S.C. 4501 et seq.).
(5) Sunset.--The requirements of this subsection shall
terminate on the later of--
(A) December 31, 2021; or
(B) the end of the COVID-19 emergency period.
(e) Enhancements to the Defense Production Act of 1950.--
(1) Health emergency authority.--Section 107 of the Defense
Production Act of 1950 (50 U.S.C. 4517) is amended by adding at
the end the following:
``(c) Health Emergency Authority.--With respect to a public health
emergency declaration by the Secretary of Health and Human Services
under section 319 of the Public Health Service Act, or preparations for
such a health emergency, the Secretary of Health and Human Services and
the Administrator of the Federal Emergency Management Agency are
authorized to carry out the authorities provided under this section to
the same extent as the President.''.
(2) Emphasis on business concerns owned by women,
minorities, veterans, and native americans.--Section 108 of the
Defense Production Act of 1950 (50 U.S.C. 4518) is amended--
(A) in the heading, by striking ``modernization of
small business suppliers'' and inserting ``small
business participation and fair inclusion'';
(B) by amending subsection (a) to read as follows:
``(a) Participation and Inclusion.--
``(1) In general.--In providing any assistance under this
Act, the President shall accord a strong preference for
subcontractors and suppliers that are--
``(A) small business concerns; or
``(B) businesses of any size owned by women,
minorities, veterans, and the disabled.
``(2) Special consideration.--To the maximum extent
practicable, the President shall accord the preference
described under paragraph (1) to small business concerns and
businesses described in paragraph (1)(B) that are located in
areas of high unemployment or areas that have demonstrated a
continuing pattern of economic decline, as identified by the
Secretary of Labor.''; and
(C) by adding at the end the following:
``(c) Minority Defined.--In this section, the term `minority'--
``(1) has the meaning given the term in section 308(b) of
the Financial Institutions Reform, Recovery, and Enforcement
Act of 1989; and
``(2) includes any indigenous person in the United States,
including any territories of the United States.''.
(3) Additional information in annual report.--Section
304(f)(3) of the Defense Production Act of 1950 (50 U.S.C.
4534(f)(3)) is amended by striking ``year.'' and inserting
``year, including the percentage of contracts awarded using
Fund amounts to each of the groups described in section
108(a)(1)(B) (and, with respect to minorities, disaggregated by
ethnic group), and the percentage of the total amount expended
during such fiscal year on such contracts.''.
(4) Definition of national defense.--Section 702(14) of the
Defense Production Act of 1950 is amended by striking ``and
critical infrastructure protection and restoration'' and
inserting ``, critical infrastructure protection and
restoration, and health emergency preparedness and response
activities''.
(f) Securing Essential Medical Materials.--
(1) Statement of policy.--Section 2(b) of the Defense
Production Act of 1950 (50 U.S.C. 4502) is amended--
(A) by redesignating paragraphs (3) through (8) as
paragraphs (4) through (9), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) authorities under this Act should be used when
appropriate to ensure the availability of medical materials
essential to national defense, including through measures
designed to secure the drug supply chain, and taking into
consideration the importance of United States competitiveness,
scientific leadership and cooperation, and innovative
capacity;''.
(2) Strengthening domestic capability.--Section 107 of the
Defense Production Act of 1950 (50 U.S.C. 4517) is amended--
(A) in subsection (a), by inserting ``(including
medical materials)'' after ``materials''; and
(B) in subsection (b)(1), by inserting ``(including
medical materials such as drugs to diagnose, cure,
mitigate, treat, or prevent disease that essential to
national defense)'' after ``essential materials''.
(3) Strategy on securing supply chains for medical
articles.--Title I of the Defense Production Act of 1950 (50
U.S.C. 4511 et seq.) is amended by adding at the end the
following:
``SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR MEDICAL MATERIALS.
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the President, in consultation with the
Secretary of Health and Human Services, the Secretary of Commerce, the
Secretary of Homeland Security, and the Secretary of Defense, shall
transmit a strategy to the appropriate Members of Congress that
includes the following:
``(1) A detailed plan to use the authorities under this
title and title III, or any other provision of law, to ensure
the supply of medical materials (including drugs to diagnose,
cure, mitigate, treat, or prevent disease) essential to
national defense, to the extent necessary for the purposes of
this Act.
``(2) An analysis of vulnerabilities to existing supply
chains for such medical articles, and recommendations to
address the vulnerabilities.
``(3) Measures to be undertaken by the President to
diversify such supply chains, as appropriate and as required
for national defense; and
``(4) A discussion of--
``(A) any significant effects resulting from the
plan and measures described in this subsection on the
production, cost, or distribution of vaccines or any
other drugs (as defined under section 201 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321));
``(B) a timeline to ensure that essential
components of the supply chain for medical materials
are not under the exclusive control of a foreign
government in a manner that the President determines
could threaten the national defense of the United
States; and
``(C) efforts to mitigate any risks resulting from
the plan and measures described in this subsection to
United States competitiveness, scientific leadership,
and innovative capacity, including efforts to cooperate
and proactively engage with United States allies.
``(b) Progress Report.--Following submission of the strategy under
subsection (a), the President shall submit to the appropriate Members
of Congress an annual progress report evaluating the implementation of
the strategy, and may include updates to the strategy as appropriate.
The strategy and progress reports shall be submitted in unclassified
form but may contain a classified annex.
``(c) Appropriate Members of Congress.--The term `appropriate
Members of Congress' means the Speaker, majority leader, and minority
leader of the House of Representatives, the majority leader and
minority leader of the Senate, the Chairman and Ranking Member of the
Committees on Armed Services and Financial Services of the House of
Representatives, and the Chairman and Ranking Member of the Committees
on Armed Services and Banking, Housing, and Urban Affairs of the
Senate.''.
(g) GAO Report.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, and annually thereafter, the
Comptroller General of the United States shall submit to the
appropriate congressional committees a report on ensuring that
the United States Government has access to the medical supplies
and equipment necessary to respond to future pandemics and
public health emergencies, including recommendations with
respect to how to ensure that the United States supply chain
for diagnostic tests (including serological tests), personal
protective equipment, vaccines, and therapies is better
equipped to respond to emergencies, including through the use
of funds in the Defense Production Act Fund under section 304
of the Defense Production Act of 1950 (50 U.S.C. 4534) to
address shortages in that supply chain.
(2) Review of assessment and plan.--
(A) In general.--Not later than 30 days after each
of the submission of the reports described in
paragraphs (1) and (2) of subsection (d), the
Comptroller General of the United States shall submit
to the appropriate congressional committees an
assessment of such reports, including identifying any
gaps and providing any recommendations regarding the
subject matter in such reports.
(B) Monthly review.--Not later than a month after
the submission of the assessment under subparagraph
(A), and monthly thereafter, the Comptroller General
shall issue a report to the appropriate congressional
committees with respect to any updates to the reports
described in paragraph (1) and (2) of subsection (d)
that were issued during the previous 1-month period,
containing an assessment of such updates, including
identifying any gaps and providing any recommendations
regarding the subject matter in such updates.
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committees
on Appropriations, Armed Services, Energy and Commerce,
Financial Services, Homeland Security, and Veterans' Affairs of
the House of Representatives and the Committees on
Appropriations, Armed Services, Banking, Housing, and Urban
Affairs, Health, Education, Labor, and Pensions, Homeland
Security and Governmental Affairs, and Veterans' Affairs of the
Senate.
(2) COVID-19 emergency period.--The term ``COVID-19
emergency period'' means the period beginning on the date of
enactment of this Act and ending after the end of the incident
period 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. 4121 et seq.)
relating to the Coronavirus Disease 2019 (COVID-19) pandemic.
(3) Relevant stakeholder.--The term ``relevant
stakeholder'' means--
(A) representative private sector entities;
(B) representatives of the nonprofit sector; and
(C) representatives of labor organizations
representing workers, including unions that represent
health workers, manufacturers, public sector employees,
and service sector workers.
(4) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.
TITLE II--PROTECTING RENTERS AND HOMEOWNERS FROM EVICTIONS AND
FORECLOSURES
SEC. 110201. EMERGENCY RENTAL ASSISTANCE.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Housing and Urban Development
(referred to in this section as the ``Secretary'') $100,000,000,000 for
an additional amount 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.), to remain available until
expended (subject to subsections (d) and (n) of this section), to be
used for providing short- or medium-term assistance with rent and rent-
related costs (including tenant-paid utility costs, utility- and rent-
arrears, fees charged for those arrears, and security and utility
deposits) in accordance with paragraphs (4) and (5) of section 415(a)
of such Act (42 U.S.C. 11374(a)) and this section.
(b) Definition of at Risk of Homelessness.--Notwithstanding section
401(1) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360(1)), for purposes of assistance made available with amounts made
available pursuant to subsection (a), the term ``at risk of
homelessness'' means, with respect to an individual or family, that the
individual or family--
(1) has an income below 80 percent of the median income for
the area as determined by the Secretary; and
(2) has an inability to attain or maintain housing
stability or has insufficient resources to pay for rent or
utilities due to financial hardships.
(c) Income Targeting and Calculation.--For purposes of assistance
made available with amounts made available pursuant to subsection (a)--
(1) each recipient of such amounts shall use--
(A) not less than 40 percent of the amounts
received only for providing assistance for individuals
or families experiencing homelessness, or for persons
or families at risk of homelessness who have incomes
not exceeding 30 percent of the median income for the
area as determined by the Secretary;
(B) not less than 70 percent of the amounts
received only for providing assistance for individuals
or families experiencing homelessness, or for persons
or families at risk of homelessness who have incomes
not exceeding 50 percent of the median income for the
area as determined by the Secretary; and
(C) the remainder of the amounts received only for
providing assistance to individuals or families
experiencing homelessness, or for persons or families
at risk of homelessness who have incomes not exceeding
80 percent of the median income for the area as
determined by the Secretary, but such recipient may
establish a higher percentage limit for purposes of
subsection (b)(1), which shall not in any case exceed
120 percent of the area median income, if the recipient
states that it will serve such population in its plan;
and
(2) in determining the income of a household for
homelessness prevention assistance--
(A) the calculation of income performed at the time
of application for such assistance, including
arrearages, shall consider only income that the
household is currently receiving at such time and any
income recently terminated shall not be included;
(B) any calculation of income performed with
respect to households receiving ongoing assistance
(such as medium-term rental assistance) 3 months after
initial receipt of assistance shall consider only the
income that the household is receiving at the time of
such review; and
(C) the calculation of income performed with
respect to households receiving assistance for
arrearages shall consider only the income that the
household was receiving at the time such arrearages
were incurred.
(d) 3-year Availability.--
(1) In general.--Each recipient of amounts made available
pursuant to subsection (a) shall--
(A) expend not less than 60 percent of such grant
amounts within 2 years of the date that such funds
became available to the recipient for obligation; and
(B) expend 100 percent of such grant amounts within
3 years of such date.
(2) Reallocation after 2 years.--The Secretary may
recapture any amounts not expended in compliance with paragraph
(1)(A) and reallocate such amounts to recipients in compliance
with the formula referred to in subsection (h)(1)(A).
(e) Rent Restrictions.--
(1) Inapplicability.--Section 576.106(d) of title 24, Code
of Federal Regulations, shall not apply with respect to
homelessness prevention assistance made available with amounts
made available under subsection (a).
(2) Amount of rental assistance.--In providing homelessness
prevention assistance with amounts made available under
subsection (a), the maximum amount of rental assistance that
may be provided shall be the greater of--
(A) 120 percent of the higher of--
(i) the Fair Market Rent established by the
Secretary for the metropolitan area or county;
or
(ii) the applicable Small Area Fair Market
Rent established by the Secretary; or
(B) such higher amount as the Secretary shall
determine is needed to cover market rents in the area.
(f) Subleases.--A recipient shall not be prohibited from providing
assistance authorized under subsection (a) with respect to subleases
that are valid under State law.
(g) Housing Relocation or Stabilization Activities.--A recipient of
amounts made available pursuant to subsection (a) may expend up to 25
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)), except
that notwithstanding such section, activities authorized under this
subsection may be provided only for individuals or families who have
incomes not exceeding 50 percent of the area median income and meet the
criteria in subsection (b)(2) of this section or section 103 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302). This
subsection shall not apply to rent-related costs that are specifically
authorized under subsection (a) of this section.
(h) Allocation of Assistance.--
(1) In general.--In allocating amounts made available
pursuant to subsection (a), the Secretary shall--
(A)(i) for any purpose authorized in this section--
(I) allocate 2 percent of such amount for
Indian tribes and tribally designated housing
entities (as such terms are defined in section
4 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C.
4103)) under the formula established pursuant
to section 302 of such Act (25 U.S.C. 4152),
except that 0.3 percent of the amount allocated
under this clause shall be allocated for the
Department of Hawaiian Home Lands; and
(II) allocate 0.3 percent of such amount
for the Virgin Islands, Guam, American Samoa,
and the Northern Mariana Islands;
(ii) not later than 30 days after the date of
enactment of this Act, obligate and disburse the
amounts allocated pursuant to clause (i) in accordance
with such allocations and provide such recipient with
any necessary guidance for use of the funds; and
(B)(i) not later than 7 days after the date of
enactment of this Act and after setting aside amounts
under subparagraph (A), allocate 50 percent of any such
remaining amounts 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) for, and notify, each State, metropolitan city,
and urban county that is to receive a direct grant of
such amounts; and
(ii) not later than 30 days after the date of
enactment of this Act, obligate and disburse the
amounts allocated pursuant to clause (i) in accordance
with such allocations and provide such recipient with
any necessary guidance for use of the funds; and
(C)(i) not later than 45 days after the date of
enactment of this Act, allocate any remaining amounts
for eligible recipients according to a formula to be
developed by the Secretary that takes into
consideration the formula referred to in subparagraph
(A) and the need for emergency rental assistance under
this section, including the severe housing cost burden
among extremely low- and very low-income renters and
disruptions in housing and economic conditions,
including unemployment; and
(ii) not later than 30 days after the date of the
allocation of such amounts pursuant to clause (i),
obligate and disburse such amounts in accordance with
such allocations.
(2) Allocations to states.--
(A) In general.--Notwithstanding subsection (a) of
section 414 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11373(a)) and section 576.202(a) of
title 24, Code of Federal Regulations, a State
recipient of an allocation under this section may elect
to use up to 100 percent of its allocation to carry out
activities eligible under this section directly.
(B) Requirement.--Any State recipient making an
election described in subparagraph (A) shall serve
households throughout the entire State, including
households in rural communities and small towns.
(3) Election not to administer.--If a recipient other than
a State elects not to receive funds under this section, such
funds shall be allocated to the State recipient in which the
recipient is located.
(4) Partnerships, subgrants, and contracts.--A recipient of
a grant under this section may distribute funds through
partnerships, subgrants, or contracts with an entity, such as a
public housing agency (as such term is defined in section 3(b)
of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))),
that is capable of carrying activities under this section.
(5) Revision to rule.--The Secretary shall revise section
576.3 of tile 24, Code of Federal Regulations, to change the
set aside for allocation to the territories to exactly 0.3
percent.
(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) Reimbursement of Eligible Activities.--Amounts made available
pursuant to subsection (a) may be used by a recipient to reimburse
expenditures incurred for eligible activities under this section after
March 27, 2020.
(k) Prohibition on Prerequisites.--None of the funds made available
pursuant to this section may be used to require any individual
receiving assistance under the program under this section to receive
treatment or perform any other prerequisite activities as a condition
for receiving shelter, housing, or other services.
(l) Waivers and Alternative Requirements.--
(1) In general.--
(A) Authority.--In administering the amounts made
available pursuant to subsection (a), the Secretary may
waive, or specify alternative requirements for, any
provision of any statute or regulation that the
Secretary administers in connection with the obligation
by the Secretary or the use by the recipient of such
amounts (except for requirements related to fair
housing, nondiscrimination, labor standards,
prohibition on prerequisites, minimum data reporting,
and the environment), if the Secretary finds that good
cause exists for the waiver or alternative requirement
and such waiver or alternative requirement is necessary
to expedite the use of funds made available pursuant to
this section, to respond to public health orders or
conditions related to the COVID-19 emergency, or to
ensure that eligible individuals can attain or maintain
housing stability.
(B) Public notice.--The Secretary shall notify the
public through the Federal Register or other
appropriate means of any waiver or alternative
requirement under this paragraph, and that such public
notice shall be provided, at a minimum, on the internet
at the appropriate Government website or through other
electronic media, as determined by the Secretary.
(C) Eligibility requirements.--Eligibility for
rental assistance or housing relocation and
stabilization services shall not be restricted based
upon the prior receipt of assistance under the program
during the preceding three years.
(2) Public hearings.--
(A) Inapplicability of in-person hearing
requirements during the covid-19 emergency.--
(i) In general.--A recipient under this
section shall not be required to hold in-person
public hearings in connection with its citizen
participation plan, but shall provide citizens
with notice, including publication of its plan
for carrying out this section on the internet,
and a reasonable opportunity to comment of not
less than 5 days.
(ii) Resumption of in-person hearing
requirements.--After the period beginning on
the date of enactment of this Act and ending 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 after the period
described in subparagraph (B), the Secretary
shall direct recipients under this section to
resume pre-crisis public hearing requirements.
(B) Virtual public hearings.--
(i) In general.--During the period that
national or local health authorities recommend
social distancing and limiting public
gatherings for public health reasons, a
recipient may fulfill applicable public hearing
requirements for all grants from funds made
available pursuant to this section by carrying
out virtual public hearings.
(ii) Requirements.--Any virtual hearings
held under clause (i) by a recipient under this
section shall provide reasonable notification
and access for citizens in accordance with the
recipient's certifications, timely responses
from local officials to all citizen questions
and issues, and public access to all questions
and responses.
(m) Consultation.--In addition to any other citizen participation
and consultation requirements, in developing and implementing a plan to
carry out this section, each recipient of funds made available pursuant
to this section shall consult with the applicable Continuum or
Continuums of Care for the area served by the recipient and
organizations representing underserved communities and populations and
organizations with expertise in affordable housing, fair housing, and
services for people with disabilities.
(n) Administration.--
(1) By secretary.--Of any amounts made available pursuant
to subsection (a)--
(A) not more than the lesser of 0.5 percent, or
$15,000,000, may be used by the Secretary 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; and
(B) not more than $2,000,000 shall be available to
the Office of the Inspector General for audits and
investigations of the program authorized under this
section.
(2) By recipients.--Notwithstanding section 576.108 of
title 24 of the Code of Federal Regulations, with respect to
amounts made available pursuant to this section, a recipient
may use up to 10 percent of the recipient's grant for payment
of administrative costs related to the planning and execution
of activities.
SEC. 110202. HOMEOWNER ASSISTANCE FUND.
(a) Definitions.--In this section:
(1) Fund.--The term ``Fund'' means the Homeowner Assistance
Fund established under subsection (b).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(3) 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 Homeowner Assistance Fund to provide such funds as
are made available under subsection (g) 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) Administration.--Of any amounts made available for the
Fund, the Secretary of the Treasury may allocate, in the
aggregate, an amount not exceeding 5 percent--
(A) to the Office of Financial Stability
established under section 101(a) of the Emergency
Economic Stabilization Act of 2008 (12 U.S.C. 5211(a))
to administer and oversee the Fund, and to provide
technical assistance to States for the creation and
implementation of State programs to administer
assistance from the Fund; and
(B) to the Inspector General of the Department of
the Treasury for oversight of the program under this
section.
(2) For states.--The Secretary shall establish such
criteria as are necessary to allocate the funds available
within the Fund for 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.
(3) Small state minimum.--The amount allocated for each
State shall not be less than $250,000,000.
(4) Set-aside for insular areas.--Notwithstanding any other
provision of this section, of the amounts appropriated under
subsection (g), the Secretary shall reserve $200,000,000 to be
disbursed to Guam, American Samoa, the Virgin Islands, and the
Northern Mariana Islands based on each such territory's share
of the combined total population of all such territories, as
determined by the Secretary. For the purposes of this
paragraph, population shall be determined based on the most
recent year for which data are available from the United States
Census Bureau.
(5) Set-aside for indian tribes and native hawaiians.----
(A) Indian tribes.--Notwithstanding any other
provision of this section, of the amounts appropriated
under subsection (g), the Secretary shall use 5 percent
to make grants in accordance with subsection (f) to
eligible recipients for the purposes described in
subsection (e)(1).
(B) Native hawaiians.-- Of the funds set aside
under subparagraph (A), the Secretary shall use 0.3
percent to make grants to the Department of Hawaiian
Home Lands in accordance with subsection (f) for the
purposes described in subsection (e)(1).
(d) Disbursement of Funds.--
(1) Administration.--Except for amounts made available for
assistance under subsection (f), State housing finance agencies
shall be primarily responsible for administering amounts
disbursed from the Fund, but may delegate responsibilities and
sub-allocate amounts to community development financial
institutions and State agencies that administer Low-Income Home
Energy Assistance Program of the Department of Health and Human
Services.
(2) Notice of funding.--The Secretary shall provide public
notice of the amounts that will be made available to each State
and the method used for determining such amounts not later than
the expiration of the 14-day period beginning on the date of
the enactment of this Act of enactment.
(3) SHFA plans.--
(A) Eligibility.--To be eligible to receive funding
allocated for a State under the section, a State
housing finance agency for the State shall submit to
the Secretary a plan for the implementation of State
programs to administer, in part or in full, the amount
of funding the state is eligible to receive, which
shall provide for the commencement of receipt of
applications by homeowners for assistance, and funding
of such applications, not later than the expiration of
the 6-month period beginning upon the approval under
this paragraph of such plan.
(B) Multiple plans.--. A State housing finance
agency may submit multiple plans, each covering a
separate portion of funding for which the State is
eligible.
(C) Timing.-- The Secretary shall approve or
disapprove a plan within 30 days after the plan's
submission and, if disapproved, explain why the plan
could not be approved.
(D) Disbursement upon approval.--The Secretary
shall disburse to a State housing finance agency the
appropriate amount of funding upon approval of the
agency's plan.
(E) Amendments.--A State housing finance agency may
subsequently amend a plan that has previously been
approved, provided that any plan amendment shall be
subject to the approval of the Secretary. The Secretary
shall approve any plan amendment or disapprove such
amendment explain why the plan amendment could not be
approved within 45 days after submission to the
Secretary of such amendment.
(F) Technical assistance.--The Secretary shall
provide technical assistance for any State housing
finance agency that twice fails to have a submitted
plan approved.
(4) Plan templates.--The Secretary shall, not later than 30
days after the date of the enactment of this Act, publish
templates that States may utilize in drafting the plans
required under paragraph (3)(A). The template plans shall
include standard program terms and requirements, as well as any
required legal language, which State housing finance agencies
may modify with the consent of the Secretary.
(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, including
financial assistance to allow a borrower to reinstate
their mortgage or to achieve a more affordable mortgage
payment, which may include principal reduction or rate
reduction, provided that any mortgage payment
assistance is tailored to a borrower's needs and their
ability to repay, and takes into consideration the loss
mitigation options available to the borrower;
(B) assistance with payment of taxes, hazard
insurance, flood insurance, mortgage insurance, or
homeowners' association fees;
(C) utility payment assistance, including electric,
gas, water, and internet service, including broadband
internet access service (as such term is defined in
section 8.1(b) of title 47, Code of Federal Regulations
(or any successor regulation));
(D) 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 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
(E) any other assistance for homeowners to prevent
eviction, mortgage delinquency or default, foreclosure,
or the loss of essential utility services.
(2) Targeting.--
(A) Requirement.--Not less than 60 percent of
amounts made available for each State or other entity
allocated amounts under subsection (c) shall be used
for activities under paragraph (1) that assist
homeowners having incomes equal to or less than 80
percent of the area median income.
(B) Determination of income.-- In determining the
income of a household for purposes of this paragraph,
income shall be considered to include only income that
the household is receiving at the time of application
for assistance from the Fund and any income recently
terminated shall not be included, except that for
purposes of households receiving assistance for
arrearages income shall include only the income that
the household was receiving at the time such arrearages
were incurred.
(C) Language assistance.--Each State housing
finance agency or other entity allocated amounts under
subsection (c) shall make available to each applicant
for assistance from amounts from the Fund language
assistance in any language that such language
assistance is available in and shall provide notice to
each such applicant that such language assistance is
available.
(3) Administrative expenses.--Not more than 15 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) Tribal and Native Hawaiian Assistance.--
(1) Definitions.--In this subsection:
(A) Department of hawaiian home lands.--The term
``Department of Hawaiian Home Lands'' has the meaning
given the term in section 801 of the Native American
Housing Assistance and Self-Determination Act of 1996
(42 U.S.C. 4221).
(B) Eligible recipient.--The term ``eligible
recipient'' means any entity eligible to receive a
grant under section 101 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25
U.S.C. 4111).
(2) Requirements.--
(A) Allocation.--Except for the funds set aside
under subsection (c)(5)(B), the Secretary shall
allocate the funds set aside under subsection (c)(5)(A)
using the allocation formula described in subpart D of
part 1000 of title 24, Code of Federal Regulations (or
any successor regulations).
(B) Native hawaiians.--The Secretary shall use the
funds made available under subsection (c)(5)(B) in
accordance with part 1006 of title 24, Code of Federal
Regulations (or successor regulations).
(3) Transfer.--The Secretary shall transfer any funds made
available under subsection (c)(5) that have not been allocated
by an eligible recipient or the Department of Hawaiian Home
Lands, as applicable, to provide the assistance described in
subsection (e)(1) by December 31, 2030, to the Secretary of
Housing and Urban Development to carry out the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4101 et seq.).
(g) Funding.--There is appropriated, out of any funds in the
Treasury not otherwise appropriated, to the Homeowner Assistance Fund
established under subsection (b), $75,000,000,000, to remain available
until expended or transferred or credited under subsection (i).
(h) 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 (i).
(i) Reporting Requirements.--The Secretary shall provide public
reports not less frequently than quarterly regarding the use of funds
provided by the Homeowner Assistance Fund. 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 type or types of assistance provided to each
household;
(6) whether the household assisted had a federally backed
loan and identification of the Federal entity backing such
loan;
(7) the average amount of funding provided per household
receiving assistance and per type of assistance provided;
(8) the average number of monthly payments that were
covered by the funding amount that a household received, as
applicable, disaggregated by type of assistance provided;
(9) the income level of each household receiving
assistance; and
(10) the outcome 12 months after the household has received
assistance.
Each report under this subsection shall disaggregate the information
provided under paragraphs (3) through (10) by State, zip code, racial
and ethnic composition of the household, and whether or not the person
from the household applying for assistance speaks English as a second
language.
SEC. 110203. PROTECTING RENTERS AND HOMEOWNERS FROM EVICTIONS AND
FORECLOSURES.
(a) Eviction Moratorium.--The CARES Act is amended by striking
section 4024 (15 U.S.C. 9058; Public Law 116-136; 134 Stat. 492) and
inserting the following new section:
``SEC. 4024. 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) according to data from the Department of Labor, more
than 30 million people have filed for unemployment since the
COVID-19 pandemic began;
``(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 12 months after such date of
enactment, the lessor of a covered dwelling located in such State 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 for nonpayment of rent or other fees
or charges.
``(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) Notice to Vacate After Moratorium Expiration Date.--After the
expiration of the period described in subsection (b), the lessor of a
covered dwelling may not require the tenant to vacate the covered
dwelling by reason of nonpayment of rent or other fees or charges
before the expiration of the 30-day period that begins upon the
provision by the lessor to the tenant, after the expiration of the
period described in subsection (b), of a notice to vacate the covered
dwelling.''.
(b) Mortgage Relief.--
(1) Forbearance and foreclosure moratorium for covered
mortgage loans.--Section 4022 of the CARES Act (15 U.S.C. 9056)
is amended--
(A) by striking ``Federally backed mortgage loan''
each place such term appears and inserting ``covered
mortgage loan''; and
(B) in subsection (a)--
(i) by amending paragraph (2) to read as
follows:
``(2) Covered mortgage loan.--The term `covered mortgage
loan' means any credit transaction that is secured by a
mortgage, deed of trust, or other equivalent consensual
security interest on a 1- to 4-unit dwelling or on residential
real property that includes a 1- to 4-unit dwelling, except
that it shall not include a credit transaction under an open
end credit plan other than a reverse mortgage.''; and
(ii) by adding at the end the following:
``(3) Covered period.--With respect to a loan, the term
`covered period' means the period beginning on the date of
enactment of this Act and ending 12 months after such date of
enactment.''.
(2) Automatic forbearance for delinquent borrowers.--
Section 4022(c) of the CARES Act (15 U.S.C. 9056(c)), as
amended by paragraph (5) of this subsection, is further amended
by adding at the end the following:
``(9) Automatic forbearance for delinquent borrowers.--
``(A) In general.--Notwithstanding any other law
governing forbearance relief--
``(i) any borrower whose covered mortgage
loan became 60 days delinquent between March
13, 2020, and the date of enactment of this
paragraph, and who has not already received a
forbearance under subsection (b), shall
automatically be granted a 60-day forbearance
that begins on the date of enactment of this
paragraph, provided that a borrower shall not
be considered delinquent for purposes of this
paragraph while making timely payments or
otherwise performing under a trial modification
or other loss mitigation agreement; and
``(ii) any borrower whose covered mortgage
loan becomes 60 days delinquent between the
date of enactment of this paragraph and the end
of the covered period, and who has not already
received a forbearance under subsection (b),
shall automatically be granted a 60-day
forbearance that begins on the 60th day of
delinquency, provided that a borrower shall not
be considered delinquent for purposes of this
paragraph while making timely payments or
otherwise performing under a trial modification
or other loss mitigation agreement.
``(B) Initial extension.--An automatic forbearance
provided under subparagraph (A) shall be extended for
up to an additional 120 days upon the borrower's
request, oral or written, submitted to the borrower's
servicer affirming that the borrower is experiencing a
financial hardship that prevents the borrower from
making timely payments on the covered mortgage loan
due, directly or indirectly, to the COVID-19 emergency.
``(C) Subsequent extension.--A forbearance extended
under subparagraph (B) shall be extended for up to an
additional 180 days, up to a maximum of 360 days
(including the period of automatic forbearance), upon
the borrower's request, oral or written, submitted to
the borrower's servicer affirming that the borrower is
experiencing a financial hardship that prevents the
borrower from making timely payments on the covered
mortgage loan due, directly or indirectly, to the
COVID-19 emergency.
``(D) Right to elect to continue making payments.--
With respect to a forbearance provided under this
paragraph, the borrower of such loan may elect to
continue making regular payments on the loan. A
borrower who makes such election shall be offered a
loss mitigation option pursuant to subsection (d)
within 30 days of resuming regular payments to address
any payment deficiency during the forbearance.
``(E) Right to shorten forbearance.--At a
borrower's request, any period of forbearance provided
under this paragraph may be shortened. A borrower who
makes such a request shall be offered a loss mitigation
option pursuant to subsection (d) within 30 days of
resuming regular payments to address any payment
deficiency during the forbearance.
``(10) Automatic forbearance for certain reverse mortgage
loans.--
``(A) In general.--When any covered mortgage loan
which is also a federally-insured reverse mortgage
loan, during the covered period, is due and payable due
to the death of the last borrower or end of a deferral
period or eligible to be called due and payable due to
a property charge default, or if the borrower defaults
on a property charge repayment plan, or if the borrower
defaults for failure to complete property repairs, or
if an obligation of the borrower under the Security
Instrument is not performed, the mortgagee
automatically shall be granted a six-month extension
of--
``(i) the mortgagee's deadline to request
due and payable status from the Department of
Housing and Urban Development;
``(ii) the mortgage's deadline to send
notification to the mortgagor or his or her
heirs that the loan is due and payable;
``(iii) the deadline to initiate
foreclosure;
``(iv) any reasonable diligence period
related to foreclosure or the Mortgagee
Optional Election;
``(v) if applicable, the deadline to obtain
the due and payable appraisal; and
``(vi) any claim submission deadline,
including the 6-month acquired property
marketing period.
``(B) Forbearance period.--The mortgagee shall not
request due and payable status from the Secretary of
Housing and Urban Development nor initiate foreclosure
during this six-month period described under
subparagraph (A), which shall be considered a
forbearance period.
``(C) Extension.--A forbearance provided under
subparagraph (B) and related deadline extension
authorized under subparagraph (A) shall be extended for
an additional 180 days upon--
``(i) the borrower's request, oral or
written, submitted to the borrower's servicer
affirming that the borrower is experiencing a
financial hardship that prevents the borrower
from making payments on property charges,
completing property repairs, or performing an
obligation of the borrower under the Security
Instrument due, directly or indirectly, to the
COVID-19 emergency;
``(ii) a non-borrowing spouse's request,
oral or written, submitted to the servicer
affirming that the non-borrowing spouse has
been unable to satisfy all criteria for the
Mortgagee Optional Election program due,
directly or indirectly, to the COVID-19
emergency, or to perform all actions necessary
to become an eligible non-borrowing spouse
following the death of all borrowers; or
``(iii) a successor-in-interest of the
borrower's request, oral or written, submitted
to the servicer affirming the heir's difficulty
satisfying the reverse mortgage loan due,
directly or indirectly, to the COVID-19
emergency.
``(D) Curtailment of debenture interest.--Where any
covered mortgage loan which is also a federally insured
reverse mortgage loan is in default during the covered
period and subject to a prior event which provides for
curtailment of debenture interest in connection with a
claim for insurance benefits, the curtailment of
debenture interest shall be suspended during any
forbearance period provided herein.''.
(3) Additional foreclosure and repossession protections.--
Section 4022(c) of the CARES Act (15 U.S.C. 9056(c)) is
amended--
(A) in paragraph (2), by striking ``may not
initiate any judicial or non-judicial foreclosure
process, move for a foreclosure judgment or order of
sale, or execute a foreclosure-related eviction or
foreclosure sale for not less than the 60-day period
beginning on March 18, 2020'' and inserting ``may not
initiate or proceed with any judicial or non-judicial
foreclosure process, schedule a foreclosure sale, move
for a foreclosure judgment or order of sale, execute a
foreclosure related eviction or foreclosure sale for
six months after the date of enactment of the COVID-19
HERO Act''; and
(B) by adding at the end the following:
``(3) Repossession moratorium.--In the case of personal
property, including any recreational or motor vehicle, used as
a dwelling, no person may use any judicial or non-judicial
procedure to repossess or otherwise take possession of such
property for six months after date of enactment of this
paragraph.''.
(4) Mortgage forbearance reforms.--Section 4022 of the
CARES Act (15 U.S.C. 9056) is amended--
(A) in subsection (b), by striking paragraphs (1),
(2), and (3) and inserting the following:
``(1) In general.--During the covered period, a borrower
with a covered mortgage loan who has not obtained automatic
forbearance pursuant to this section and who is experiencing a
financial hardship that prevents the borrower from making
timely payments on the covered mortgage loan due, directly or
indirectly, to the COVID-19 emergency may request forbearance
on the loan, regardless of delinquency status, by--
``(A) submitting a request, orally or in writing,
to the servicer of the loan; and
``(B) affirming that the borrower is experiencing a
financial hardship that prevents the borrower from
making timely payments on the covered mortgage loan
due, directly or indirectly, to the COVID-19 emergency.
``(2) Duration of forbearance.--
``(A) In general.--Upon a request by a borrower to
a servicer for forbearance under paragraph (1), such
forbearance shall be granted by the servicer for the
period requested by the borrower, up to an initial
length of 180 days, the length of which shall be
extended by the servicer, at the request of the
borrower for the period or periods requested, for a
total forbearance period of up to 12-months.
``(B) Minimum forbearance amounts.--For purposes of
granting a forbearance under this paragraph, a servicer
may grant an initial forbearance with a term of not
less than 90 days, provided that it is automatically
extended for an additional 90 days unless the servicer
confirms the borrower does not want to renew the
forbearance or that the borrower is no longer
experiencing a financial hardship that prevents the
borrower from making timely mortgage payments due,
directly or indirectly, to the COVID-19 emergency.
``(C) Right to shorten forbearance.--At a
borrower's request, any period of forbearance described
under this paragraph may be shortened. A borrower who
makes such a request shall be offered a loss mitigation
option pursuant to subsection (d) within 30 days of
resuming regular payments to address any payment
deficiency during the forbearance.
``(3) Accrual of interest or fees.--A servicer shall not
charge a borrower any fees, penalties, or interest (beyond the
amounts scheduled or calculated as if the borrower made all
contractual payments on time and in full under the terms of the
mortgage contract) in connection with a forbearance, provided
that a servicer may offer the borrower a modification option at
the end of a forbearance period granted hereunder that includes
the capitalization of past due principal and interest and
escrow payments as long as the borrower's principal and
interest payment under such modification remains at or below
the contractual principal and interest payments owed under the
terms of the mortgage contract before such forbearance period
except as the result of a change in the index of an adjustable
rate mortgage.
``(4) Communication with servicers.--Any communication
between a borrower and a servicer described under this section
may be made in writing or orally, at the borrower's choice.
``(5) Communication with borrowers with a disability.--Upon
request from a borrower, servicers shall communicate with
borrowers who have a disability in the borrower's preferred
method of communication. For purposes of this paragraph, the
term `disability' has the meaning given that term in the Fair
Housing Act, the Americans with Disabilities Act of 1990, or
the Rehabilitation Act of 1973.''; and
(B) in subsection (c), by amending paragraph (1) to
read as follows:
``(1) No documentation required.--A servicer of a covered
mortgage loan shall not require any documentation with respect
to a forbearance under this section other than the borrower's
affirmation (oral or written) to a financial hardship that
prevents the borrower from making timely payments on the
covered mortgage loan due, directly or indirectly, to the
COVID-19 emergency. An oral request for forbearance and oral
affirmation of hardship by the borrower shall be sufficient for
the borrower to obtain or extend a forbearance.''.
(5) Other servicer requirements during forbearance.--
Section 4022(c) of the CARES Act (15 U.S.C. 9056(c)), as
amended by paragraph (3) of this subsection, is further amended
by adding at the end the following:
``(4) Forbearance terms notice.--Within 30 days of a
servicer of a covered mortgage loan providing forbearance to a
borrower under subsection (b) or paragraph (9) or (10), or 10
days if the forbearance is for a term of less than 60 days, but
only where the forbearance was provided in response to a
borrower's request for forbearance or when an automatic
forbearance was initially provided under paragraph (9) or (10),
and not when an existing forbearance is automatically extended,
the servicer shall provide the borrower with a notice in
accordance with the terms in paragraph (5).
``(5) Contents of notice.--The written notice required
under paragraph (4) shall state in plain language--
``(A) the specific terms of the forbearance;
``(B) the beginning and ending dates of the
forbearance;
``(C) that the borrower is eligible for up to 12
months of forbearance;
``(D) that the borrower may request an extension of
the forbearance unless the borrower will have reached
the maximum period at the end of the forbearance;
``(E) that the borrower may request that the
initial or extended period be shortened at any time;
``(F) that the borrower should contact the servicer
before the end of the forbearance period;
``(G) a description of the loss mitigation options
that may be available to the borrower at the end of the
forbearance period based on the borrower's specific
loan;
``(H) information on how to find a housing
counseling agency approved by the Department of Housing
and Urban Development;
``(I) in the case of a forbearance provided
pursuant to paragraph (9) or (10), that the forbearance
was automatically provided and how to contact the
servicer to make arrangements for further assistance,
including any renewal; and
``(J) where applicable, that the forbearance is
subject to an automatic extension including the terms
of any such automatic extensions and when any further
extension would require a borrower request.
``(6) Treatment of escrow accounts.--During any forbearance
provided under this section, a servicer shall pay or advance
funds to make disbursements in a timely manner from any escrow
account established on the covered mortgage loan.
``(7) Notification for borrowers.--During the period that
begins 90 days after the date of the enactment of this
paragraph and ends at the end of the covered period, each
servicer of a covered mortgage loan shall be required to--
``(A) make available in a clear and conspicuous
manner on their webpage accurate information, in
English and Spanish, for borrowers regarding the
availability of forbearance as provided under
subsection (b); and
``(B) notify every borrower whose payments on a
covered mortgage loan are delinquent in any oral
communication with or to the borrower that the borrower
may be eligible to request forbearance as provided
under subsection (b), except that such notice shall not
be required if the borrower already has requested
forbearance under subsection (b).
``(8) Certain treatment under respa.--As long as a
borrower's payment on a covered mortgage loan was not more than
30 days delinquent on March 13, 2020, a servicer may not deem
the borrower as delinquent while a forbearance granted under
subsection (b) is in effect for purposes of the application of
sections 6 and 10 of the Real Estate Settlement Procedures Act
and any applicable regulations.''.
(6) Post-forbearance loss mitigation.--
(A) Amendment to cares act.--Section 4022 of the
CARES Act (15 U.S.C. 9056) is amended by adding at the
end the following:
``(d) Post-forbearance Loss Mitigation.--
``(1) Notice of availability of additional forbearance.--
With respect to any covered mortgage loan as to which
forbearance under this section has been granted and not
otherwise extended, including by automatic extension, a
servicer shall, no later than 30 days before the end of the
forbearance period, in writing, notify the borrower that
additional forbearance may be available and how to request such
forbearance, except that no such notice is required where the
borrower already has requested an extension of the forbearance
period, is subject to automatic extension pursuant to
subsection (b)(2)(B), or no additional forbearance is
available.
``(2) Loss mitigation offer before expiration of
forbearance.--No later than 30 days before the end of any
forbearance period that has not been extended or 30 days after
a request by a consumer to terminate the forbearance, which
time shall be before the servicer initiates or engages in any
foreclosure activity listed in subsection (c)(2), including
incurring or charging to a borrower any fees or corporate
advances related to a foreclosure, the servicer shall, in
writing--
``(A) offer the borrower a loss mitigation option,
without the charging of any fees or penalties other
than interest, such that the borrower's principal and
interest payment remains the same as it was prior to
the forbearance, subject to any adjustment of the index
pursuant to the terms of an adjustable rate mortgage,
and that either--
``(i) defers the payment of total
arrearages, including any escrow advances, to
the end of the existing term of the loan,
without the charging or collection of any
additional interest on the deferred amounts; or
``(ii) extends the term of the mortgage
loan, and capitalizes, defers, or forgives all
escrow advances and other arrearages;
provided, however, that the servicer may offer the
borrower a loss mitigation option that reduces the
principal and interest payment on the loan and
capitalizes, defers, or forgives all escrow advances or
arrearages if the servicer has information indicating
that the borrower cannot resume the pre-forbearance
mortgage payments; and
``(B) concurrent with the loss mitigation offer in
subparagraph (A), notify the borrower that the borrower
has the right to be evaluated for other loss mitigation
options if the borrower is not able to make the payment
under the option offered in subparagraph (A).
``(3) Evaluation for loss mitigation prior to foreclosure
initiation.--Before a servicer may initiate or engage in any
foreclosure activity listed in subsection (c)(2), including
incurring or charging to a borrower any fees or corporate
advances related to a foreclosure on the basis that the
borrower has failed to perform under the loss mitigation offer
in paragraph (2)(A) within the first 90 days after the option
is offered, including a failure to accept the loss mitigation
offer in paragraph (2)(A), the servicer shall--
``(A) unless the borrower has already submitted a
complete application that the servicer is reviewing--
``(i) notify the borrower in writing of the
documents and information, if any, needed by
the servicer to enable the servicer to consider
the borrower for all available loss mitigation
options;
``(ii) exercise reasonable diligence to
obtain the documents and information needed to
complete the borrower's loss mitigation
application;
``(B) upon receipt of a complete application or if,
despite the servicer's exercise of reasonable
diligence, the loss mitigation application remains
incomplete sixty days after the notice in paragraph
(2)(A) is sent, conduct an evaluation of the complete
or incomplete loss mitigation application without
reference to whether the borrower has previously
submitted a complete loss mitigation application and
offer the borrower all available loss mitigation
options for which the borrower qualifies under
applicable investor guidelines, including guidelines
regarding required documentation.
``(4) Effect on future requests for loss mitigation
review.--An application, offer, or evaluation for loss
mitigation under this section shall not be the basis for the
denial of a borrower's application as duplicative or for a
reduction in the borrower's appeal rights under Regulation X
(12 C.F.R. 1024) in regard to any loss mitigation application
submitted after the servicer has complied with the requirements
of paragraphs (2) and (3).
``(5) Safe harbor.--Any loss mitigation option authorized
by the Federal National Mortgage Association, the Federal Home
Loan Corporation, or the Federal Housing Administration that
either--
``(A) defers the payment of total arrearages,
including any escrow advances, to the end of the
existing term of the loan, without the charging or
collection of any additional interest on the deferred
amounts, or
``(B) extends the term of the mortgage loan, and
capitalizes, defers, or forgives all escrow advances
and other arrearages, without the charging of any fees
or penalties beyond interest on any amount capitalized
into the loan principal,
shall be deemed to comply with the requirements of paragraph
(1)(B).
``(6) Home retention options for certain reverse mortgage
loans.--
``(A) In general.--For a covered mortgage loan
which is also a federally-insured reverse mortgage
loan, a servicer's conduct shall be deemed to comply
with this section provided that if the loan is eligible
to be called due and payable due to a property charge
default, the mortgagee shall, as a precondition to
sending a due and payable request to the Secretary or
initiating or continuing a foreclosure process--
``(i) make a good faith effort to
communicate with the borrower regarding
available home retention options to cure the
property charge default, including encouraging
the borrower to apply for home retention
options; and
``(ii) consider the borrower for all
available home retention options as allowed by
the Secretary.
``(B) Permissible repayment plans.--The Secretary
shall amend its allowable home retention options to
permit a repayment plan of up to 120 months in length,
and to permit a repayment plan without regard to prior
defaults on repayment plans.
``(C) Limitation on interest curtailment.--The
Secretary may not curtail interest paid to mortgagees
who engage in loss mitigation or home retention actions
through interest curtailment during such loss
mitigation or home retention review or during the
period when a loss mitigation or home retention plan is
in effect and ending 90 days after any such plan
terminates.''.
(B) Amendment to housing act of 1949.--Section 505
of the Housing Act of 1949 (42 U.S.C. 1475) is
amended--
(i) by striking the section heading and
inserting ``loss mitigation and foreclosure
procedures'';
(ii) in subsection (a), by striking the
section designation and all that follows
through ``During any'' and inserting the
following:
``Sec. 505. (a) Moratorium-- (1) In determining a borrower's
eligibility for relief, the Secretary shall make all eligibility
decisions based on the borrower's household's income, expenses, and
circumstances.
``(2) During any''.
(iii) by redesignating subsection (b) as
subsection (c); and
(iv) by inserting after subsection (a) the
following new subsection:
``(b) Loan Modification.-- (1) Notwithstanding any other provision
of this title, for any loan made under section 502 or 504, the
Secretary may modify the interest rate and extend the term of such loan
for up to 30 years from the date of such modification.
``(2) At the end of any moratorium period granted under this
section or under the COVID-19 HERO Act, the Secretary shall determine
whether the borrower can reasonably resume making principal and
interest payments after the Secretary modifies the borrower's loan
obligations in accordance with paragraph (1).''.
(7) Multifamily mortgage forbearance.--Section 4023 of the
CARES Act (15 U.S.C. 9057) is amended--
(A) by striking ``Federally backed multifamily
mortgage loan'' each place such term appears and
inserting ``multifamily mortgage loan'';
(B) in subsection (b), by striking ``during'' and
inserting ``due, directly or indirectly, to'';
(C) in subsection (c)(1)--
(i) in subparagraph (A), by adding ``and''
at the end;
(ii) by striking subparagraphs (B) and (C)
and inserting the following:
``(B) provide the forbearance for up to the end of
the period described under section 4024(b).''; and
(D) by redesignating subsection (f) as subsection
(g);
(E) by inserting after subsection (e) the
following:
``(f) Treatment After Forbearance.--With respect to a multifamily
mortgage loan provided a forbearance under this section, the servicer
of such loan--
``(1) shall provide the borrower with a 12-month period
beginning at the end of such forbearance to become current on
the payments under such loan;
``(2) may not charge any late fees, penalties, or other
charges with respect to payments on the loan that were due
during the forbearance period, if such payments are made before
the end of the 12-month period; and
``(3) may not report any adverse information to a credit
rating agency (as defined under section 603 of the Fair Credit
Reporting Act with respect to any payments on the loan that
were due during the forbearance period, if such payments are
made before the end of the 12-month period.).''; and
(F) in subsection (g), as so redesignated--
(i) in paragraph (2)--
(I) by striking ``that--'' and all
that follows through ``(A) is secured
by'' and inserting ``that is secured
by'';
(II) by striking ``; and'' and
inserting a period; and
(III) by striking subparagraph (B);
and
(ii) by amending paragraph (5) to read as
follows:
``(5) Covered period.--With respect to a loan, the term
`covered period' has the meaning given that term under section
4022(a)(3).''.
(8) Renter protections during forbearance period.-- A
borrower that receives a forbearance pursuant to section 4022
or 4023 of the CARES Act (15 U.S.C. 9056 or 9057) may not, for
the duration of the forbearance--
(A) evict or initiate the eviction of a tenant
solely for nonpayment of rent or other fees or charges;
or
(B) charge any late fees, penalties, or other
charges to a tenant for late payment of rent.
(9) Extension of gse patch.--
(A) Non-applicability of existing sunset.--Section
1026.43(e)(4)(iii)(B) of title 12, Code of Federal
Regulations, shall have no force or effect.
(B) Extended sunset.--The special rules in section
1026.43(e)(4) of title 12, Code of Federal Regulations,
shall apply to covered transactions consummated prior
to June 1, 2022, or such later date as the Director of
the Bureau of Consumer Financial Protection may
determine, by rule.
(10) Servicer safe harbor from investor liability.--
(A) Safe harbor.--
(i) In general.--A servicer of covered
mortgage loans or multifamily mortgage loans
shall be deemed not to have violated any duty
or contractual obligation owed to investors or
other parties regarding such mortgage loans on
account of offering or implementing in good
faith forbearance during the covered period or
offering or implementing in good faith post-
forbearance loss mitigation (including after
the expiration of the covered period) in
accordance with the terms of sections 4022 and
4023 of the CARES Act to borrowers,
respectively, on covered or multifamily
mortgage loans that it services and shall not
be liable to any party who is owed such a duty
or obligation or subject to any injunction,
stay, or other equitable relief to such party
on account of such offer or implementation of
forbearance or post-forbearance loss
mitigation.
(ii) Other persons.--Any person, including
a trustee of a securitization vehicle or other
party involved in a securitization or other
investment vehicle, who in good faith
cooperates with a servicer of covered or
multifamily mortgage loans held by that
securitization or investment vehicle to comply
with the terms of section 4022 and 4023 of the
CARES Act, respectively, to borrowers on
covered or multifamily mortgage loans owned by
the securitization or other investment vehicle
shall not be liable to any party who is owed
such a duty or obligation or subject to any
injunction, stay, or other equitable relief to
such party on account of its cooperation with
an offer or implementation of forbearance
during the covered period or post-forbearance
loss mitigation, including after the expiration
of the covered period.
(B) Standard industry practice.--During the covered
period, notwithstanding any contractual restrictions,
it is deemed to be standard industry practice for a
servicer to offer forbearance or loss mitigation
options in accordance with the terms of sections 4022
and 4023 of the CARES Act to borrowers, respectively,
on all covered or multifamily mortgage loans it
services.
(C) Rule of construction.--Nothing in this
paragraph may be construed as affecting the liability
of a servicer or other person for actual fraud in the
servicing of a mortgage loan or for the violation of a
State or Federal law.
(D) Definitions.--In this paragraph:
(i) Covered mortgage loan.--The term
``covered mortgage loan'' has the meaning given
that term under section 4022(a) of the CARES
Act.
(ii) Covered period.--The term ``covered
period'' has the meaning given that term under
section 4023(g) of the CARES Act.
(iii) Multifamily mortgage loan.--The term
``multifamily mortgage loan'' has the meaning
given that term under section 4023(g) of the
CARES Act.
(iv) Servicer.--The term ``servicer''--
(I) has the meaning given the term
under section 6(i) of the Real Estate
Settlement Procedures Act of 1974 (12
U.S.C. 2605(i)); and
(II) means a master servicer and a
subservicer, as such terms are defined,
respectively, under section 1024.31 of
title 12, Code of Federal Regulations.
(v) Securitization vehicle.--The term
``securitization vehicle'' has the meaning give
that term under section 129A(f) of the Truth in
Lending Act (15 U.S.C. 1639a(f)).
(c) Bankruptcy Protections.--
(1) Bankruptcy protections for federal coronavirus relief
payments.--Section 541(b) of title 11, United States Code, is
amended--
(A) in paragraph (9), in the matter following
subparagraph (B), by striking ``or'';
(B) in paragraph (10)(C), by striking the period at
the end and inserting ``; or''; and
(C) by inserting after paragraph (10) the
following:
``(11) 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) Protection against discriminatory treatment of
homeowners in bankruptcy.--Section 525 of title 11, United
States Code, is amended by adding at the end the following:
``(d) A person may not be denied any forbearance, assistance, or
loan modification relief made available to borrowers by a mortgage
creditor or servicer because the person is or has been a debtor, or has
received a discharge, in a case under this title.''.
(3) Increasing the 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.''.
(4) 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 or has experienced a material
financial hardship due, directly or indirectly, to the
coronavirus disease 2019 (COVID-19) pandemic.''.
(5) Expanded eligibility for chapter 13.--Section 109(e) of
title 11, United States Code, is amended--
(A) by striking ``$250,000'' each place the term
appears and inserting ``$850,000''; and
(B) by striking ``$750,000'' each place the term
appears and inserting ``$2,600,000''.
(6) Extended cure period for homeowners harmed by covid-19
pandemic.--
(A) In general.--Chapter 13 of title 11, United
States Code, is amended by adding at the end thereof
the following:
``Sec. 1331. Special provisions related to COVID-19 pandemic
``(a) Notwithstanding subsections (b)(2) and (d) of section 1322,
if the debtor is experiencing or has experienced a material financial
hardship due, directly or indirectly, to the coronavirus disease 2019
(COVID-19) pandemic, a plan may provide for the curing of any default
within a reasonable time, not to exceed 7 years after the time that the
first payment under the original confirmed plan was due, and
maintenance of payments while the case is pending on any unsecured
claim or secured claim on which the last payment is due after the
expiration of such time. Any such plan provision shall not affect the
applicable commitment period under section 1325(b).
``(b) For purposes of sections 1328(a) and 1328(b), any cure or
maintenance payments under subsection (a) that are made after the end
of the period during which the plan provides for payments (other than
payments under subsection (a)) shall not be treated as payments under
the plan.
``(c) Notwithstanding section 1329(c), a plan modified under
section 1329 at the debtor's request may provide for cure or
maintenance payments under subsection (a) over a period that is not
longer than 7 years after the time that the first payment under the
original confirmed plan was due.
``(d) Notwithstanding section 362(c)(2), during the period after
the debtor receives a discharge and the period during which the plan
provides for the cure of any default and maintenance of payments under
the plan, section 362(a) shall apply to the holder of a claim for which
a default is cured and payments are maintained under subsection (a) and
to any property securing such claim.
``(e) Notwithstanding section 1301(a)(2), the stay of section
1301(a) terminates upon the granting of a discharge under section 1328
with respect to all creditors other than the holder of a claim for
which a default is cured and payments are maintained under subsection
(a).''.
(B) Table of contents.--The table of sections of
chapter 13, title 11, United States Code, is amended by
adding at the end thereof the following:
``Sec. 1331. Special provisions related to COVID-19 Pandemic.''.
(C) Application.--The amendments made by this
paragraph shall apply only to any case under title 11,
United States Code, commenced before 3 years after the
date of enactment of this Act and pending on or
commenced after such date of enactment, in which a plan
under chapter 13 of title 11, United States Code, was
not confirmed before March 27, 2020.
SEC. 110204. LIQUIDITY FOR MORTGAGE SERVICERS AND RESIDENTIAL RENTAL
PROPERTY OWNERS.
(a) In General.--Section 4003 of the CARES Act (15 U.S.C. 9042), is
amended by adding at the end the following:
``(i) Liquidity for Mortgage Servicers.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall ensure that servicers of covered mortgage loans (as
defined under section 4022) and multifamily mortgage loans (as
defined under section 4023) are provided the opportunity to
participate in the loans, loan guarantees, or other investments
made by the Secretary under this section. The Secretary shall
ensure that servicers are provided with access to such
opportunities under equitable terms and conditions regardless
of their size.
``(2) Mortgage servicer eligibility.--In order to receive
assistance under subsection (b)(4), a mortgage servicer shall--
``(A) demonstrate that the mortgage servicer has
established policies and procedures to use such funds
only to replace funds used for borrower assistance,
including to advance funds as a result of forbearance
or other loss mitigation provided to borrowers;
``(B) demonstrate that the mortgage servicer has
established policies and procedures to provide
forbearance, post-forbearance loss mitigation, and
other assistance to borrowers in compliance with the
terms of section 4022 or 4023, as applicable;
``(C) demonstrate that the mortgage servicer has
established policies and procedures to ensure that
forbearance and post-forbearance assistance is
available to all borrowers in a non-discriminatory
fashion and in compliance with the Fair Housing Act,
the Equal Credit Opportunity Act, and other applicable
fair housing and fair lending laws; and
``(D) comply with the limitations on compensation
set forth in section 4004.
``(3) Mortgage servicer requirements.--A mortgage servicer
receiving assistance under subsection (b)(4) may not, while the
servicer is under any obligation to repay funds provided or
guaranteed under this section--
``(A) pay dividends with respect to the common
stock of the mortgage servicer or purchase an equity
security of the mortgage servicer or any parent company
of the mortgage servicer if the security is listed on a
national securities exchange, except to the extent
required under a contractual obligation that is in
effect on the date of enactment of this subsection; or
``(B) prepay any debt obligation.''.
(b) Credit Facility for Residential Rental Property Owners.--
(1) In general.--The Board of Governors of the Federal
Reserve System shall--
(A) establish a facility, using amounts made
available under section 4003(b)(4) of the CARES Act (15
U.S.C. 9042(b)(4)), to make long-term, low-cost loans
to residential rental property owners as to temporarily
compensate such owners for documented financial losses
caused by reductions in rent payments; and
(B) defer such owners' required payments on such
loans until after six months after the date of
enactment of this Act.
(2) Requirements.--A borrower that receives a loan under
this subsection may not, for the duration of the loan--
(A) evict or initiate the eviction of a tenant
solely for nonpayment of rent or other fees or charges;
(B) charge any late fees, penalties, or other
charges to a tenant for late payment of rent; and
(C) with respect to a person or entity described
under paragraph (4), discriminate on the basis of
source of income.
(3) Report on residential rental property owners.--The
Board of Governors shall issue a report to the Congress
containing the following, with respect to each property owner
receiving a loan under this subsection:
(A) The number of borrowers that received
assistance under this subsection.
(B) The average total loan amount that each
borrower received.
(C) The total number of rental units that each
borrower owned.
(D) The average rent charged by each borrower.
(4) Report on large residential rental property owners.--
The Board of Governors shall issue a report to Congress that
identifies any person or entity that in aggregate owns or holds
a controlling interest in any entity that, in aggregate, owns--
(A) more than 100 rental units that are located
within in a single Metropolitan Statistical Area;
(B) more than 1,000 rental units nationwide; or
(C) rental units in three or more States.
(c) Amendments to National Housing Act.--Section 306(g)(1) of the
National Housing Act (12 U.S.C. 1721(a)) is amended--
(1) in the fifth sentence, by inserting after ``issued''
the following: ``, subject to any pledge or grant of security
interest of the Federal Reserve under section 4003(a) of the
CARES Act (Public Law 116-136; 134 Stat. 470; 15 U.S.C.
9042(a)) and to any such mortgage or mortgages or any interest
therein and the proceeds thereon, which the Association may
elect to approve''; and
(2) in the sixth sentence--
(A) by striking ``or (C)'' and inserting ``(C)'';
and
(B) by inserting before the period the following:
``, or (D) its approval and honoring of any pledge or
grant of security interest of the Federal Reserve under
section 4003(a) of the CARES Act and to any such
mortgage or mortgages or any interest therein and
proceeds thereon as''.
SEC. 110205. RURAL RENTAL ASSISTANCE.
There is authorized to be appropriated for fiscal year 2020
$309,000,000 for rural rental assistance, which shall remain available
until September 30, 2021, of which--
(1) up to $25,000,000 million may be used for an additional
amount for rural housing vouchers for any low-income households
(including those not receiving rental assistance) residing in a
property financed with a section 515 loan which has been
prepaid after September 30, 2005, or has matured after
September 30, 2019; and
(2) the remainder shall be used for an additional amount
for rural rental assistance agreements entered into or renewed
pursuant to section 521(a)(2) of the Housing Act of 1949 (42
U.S.C. 1490a(a)(2)) to--
(A) supplement the rental assistance of households
on whose behalf assistance is being provided; and
(B) provide rental assistance on behalf of
households who are not being assisted with such rental
assistance but who qualify for such assistance.
SEC. 110206. FUNDING FOR PUBLIC HOUSING AND TENANT-BASED RENTAL
ASSISTANCE.
(a) Public Housing Operating Fund.--There is authorized to be
appropriated for an additional amount for fiscal year 2020 for the
Public Housing Operating Fund under section 9(e) of the United States
Housing Act of 1937 (42 U.S.C. 1437g(e)) $2,000,000,000, to remain
available until September 30, 2021.
(b) Tenant-based Section 8 Rental Assistance.--There is authorized
to be appropriated for an additional amount for fiscal year 2020 for
the tenant-based rental assistance under section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)) $3,000,000,000, to
remain available until September 30, 2021, of which not more than
$500,000,000 may be used for administrative fees under section 8(q) of
such Act (42 U.S.C. 1437f(q)).
(c) Applicability of Waivers.--Any waiver or alternative
requirement made by the Secretary of Housing and Urban Development
pursuant to the heading ``Tenant-Based Rental Assistance'' or ``Public
Housing Operating Fund'' in title XII of division B of the CARES Act
(Public Law 116-136) shall apply with respect to amounts made available
pursuant to this section.
SEC. 110207. SUPPLEMENTAL FUNDING FOR SUPPORTIVE HOUSING FOR THE
ELDERLY, SUPPORTIVE HOUSING FOR PERSONS WITH
DISABILITIES, SUPPORTIVE HOUSING FOR PERSONS WITH AIDS,
AND PROJECT-BASED SECTION 8 RENTAL ASSISTANCE.
(a) Authorization of Appropriations.--There is authorized to be
appropriated $500,000,000 for fiscal year 2020 for additional
assistance for supportive housing for the elderly, of which--
(1) $200,000,000 shall be for rental assistance under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) or
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f), as appropriate, and for hiring additional staff and for
services and costs, including acquiring personal protective
equipment, to prevent, prepare for, or respond to the public
health emergency relating to Coronavirus Disease 2019 (COVID-
19) pandemic; and
(2) $300,000,000 shall be 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).
Any provisions of, and waivers and alternative requirements issued by
the Secretary pursuant to, the heading ``Department of Housing and
Urban Development--Housing Programs--Housing for the Elderly'' in title
XII of division B of the CARES Act (Public Law 116-136) shall apply
with respect to amounts made available pursuant to this subsection.
(b) Eligibility of Supportive Housing for Persons With
Disabilities.--Subsection (a) of section 676 of the Housing and
Community Development Act of 1992 (42 U.S.C. 13632(a)) shall be
applied, for purposes of subsection (a) of this section, by
substituting ``(G), and (H)'' for `` and (G)''.
(c) Service Coordinators.--
(1) Hiring.--In the hiring of staff using amounts made
available pursuant to this section for costs of providing
service coordinators, 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.
(2) One-time grants.--Grants made using amounts made
available pursuant to subsection (a) for costs of providing
service coordinators shall not be renewable.
(3) One-year availability.--Any amounts made available
pursuant to this section for costs of providing service
coordinators that are allocated for a grantee and remain
unexpended upon the expiration of the 12-month period beginning
upon such allocation shall be recaptured by the Secretary.
(d) Funding for Supportive Housing for Persons With Disabilities.--
There is authorized to be appropriated $200,000,000 for fiscal year
2020 for additional assistance for supportive housing for persons with
disabilities under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013). Any provisions of, and waivers
and alternative requirements issued by the Secretary pursuant to, the
heading ``Department of Housing and Urban Development--Housing
Programs--Housing for Persons With Disabilities'' in title XII of
division B of the CARES Act (Public Law 116-136) shall apply with
respect to amounts made available pursuant to this subsection.
(e) Funding for Housing Opportunities for People With AIDS
Program.--There is authorized to be appropriated $15,000,000 for fiscal
year 2020 for additional assistance for the Housing Opportunities for
Persons with AIDS program under the AIDS Housing Opportunity Act (42
U.S.C. 12901 et seq.). Any provisions of, and waivers and alternative
requirements issued by the Secretary pursuant to, the heading
``Department of Housing and Urban Development--Community Planning and
Development--Housing Opportunities for Persons With AIDS'' in title XII
of division B of the CARES Act (Public Law 116-136) shall apply with
respect to amounts made available pursuant to this subsection.
(f) Funding for Project-based Section 8 Rental Assistance.--There
is authorized to be appropriated $750,000,000 for fiscal year 2020 for
additional assistance for project-based rental assistance under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). Any
provisions of, and waivers and alternative requirements issued by the
Secretary pursuant to, the heading ``Department of Housing and Urban
Development--Housing Programs--Project-Based Rental Assistance'' in
title XII of division B of the CARES Act (Public Law 116-136) shall
apply with respect to amounts made available pursuant to this
subsection.
SEC. 110208. FAIR HOUSING.
(a) Definition of 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.
(b) Fair Housing Activities.--
(1) Authorization of appropriations.--To ensure existing
grantees have sufficient resource for fair housing activities
and for technology and equipment needs to deliver services
through use of the Internet or other electronic or virtual
means in response to the public health emergency related to the
Coronavirus Disease 2019 (COVID-19) pandemic, there is
authorized to be appropriated $4,000,000 for Fair Housing
Organization Initiative grants through the Fair Housing
Initiatives Program under section 561 of the Housing and
Community Development Act of 1987 (42 U.S.C. 3616a).
(2) 3-year availability.--Any amounts made available
pursuant paragraph (1) 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.
(c) Fair Housing 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 and local education and outreach 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--
(1) in the languages used by communities with limited
English proficiency; and
(2) to persons with disabilities.
SEC. 110209. FUNDING FOR HOUSING COUNSELING SERVICES.
(a) Congressional Findings.--The Congress finds that--
(1) the spread of Coronavirus Disease 2019 (COVID-19),
which is now considered a global pandemic, is expected to
negatively impact the incomes of potentially millions of
homeowners, renters, individuals experiencing homelessness, and
individuals at risk of homelessness, making it difficult for
them to pay their mortgages or rents on time;
(2) housing counseling is critical to ensuring that
homeowners, renters, individuals experiencing homelessness, and
individuals at risk of homelessness have the resources they
need to manage financial hardships from the COVID-19 crisis;
(3) loan preservation and foreclosure mitigation services
are also critical to address the needs of homeowners who lose
employment and income because of the pandemic and who face
serious delinquency or home loan default, or are in foreclosing
proceedings during this period;
(4) evaluations from the National Foreclosure Mitigation
Counseling program revealed that homeowners at risk of or
facing foreclosure are better served when they have access to a
housing counselor and a range of tools and resources to help
them avoid losing their home and have the support they need to
tailor the best possible response to their situation.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Neighborhood Reinvestment Corporation (in this
section referred to as the ``Corporation'') established under the
Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101 et seq.)
$100,000,000 for fiscal year 2020 for housing counseling services,
which shall remain available until September 30, 2023.
(c) Prioritization of Housing Counseling Services.--Of any grant
funds made available pursuant to subsection (b), not less than 40
percent shall be provided to counseling organizations that target
counseling services to minority and low-income homeowners, renters,
individuals experiencing homelessness, and individuals at risk of
homelessness or provide such services in neighborhoods with high
concentrations of minority and low-income homeowners, renters,
individuals experiencing homelessness, and individuals at risk of
homelessness.
(d) Eligible Uses.--Amounts made available pursuant to subsection
(b) may be used in such amounts as the Corporation determines for costs
of--
(1) public education and outreach;
(2) direct services, including the full range of services
provided by housing counselors to assist homeowners, including
manufactured homeowners, regardless of financing type, renters,
individuals experiencing homelessness, and individuals at risk
of homelessness, including the practices, tools, and
innovations in foreclosure mitigation that were utilized in the
National Foreclosure Mitigation Counseling Program, and
financial capability, credit counseling, homeless counseling,
and rental counseling;
(3) equipment and technology, including broadband internet
and equipment upgrades needed to ensure timely and effective
service delivery;
(4) training, including capacitating housing counseling
staff in various modes of counseling, including rental and
foreclosure, delivery of remote counseling utilizing improved
technology, enhanced network security, and supportive options
for the delivery of client services; and
(5) administration and oversight of the program in
accordance with the Corporation's rate for program
administration.
(e) Disbursement.--The Corporation shall disburse all grant funds
made available pursuant to subsection (b) as expeditiously as possible,
through grants to housing counseling intermediaries approved by the
Department of Housing and Urban Development, State housing finance
agencies, and NeighborWorks organizations. The aggregate amount
provided to NeighborWorks organizations shall not exceed 15 percent of
the total of grant funds made available pursuant to subsection (b).
TITLE III--PROTECTING PEOPLE EXPERIENCING HOMELESSNESS
SEC. 110301. HOMELESS ASSISTANCE FUNDING.
(a) Emergency Homeless Assistance.--
(1) 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.) $11,500,000,000 for
grants under such subtitle in accordance with this subsection
to respond to needs arising from the public health emergency
relating to Coronavirus Disease 2019 (COVID-19). Of such
amounts made available, $4,000,000,000 shall be allocated in
accordance with sections 413 and 414 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11372, 11373).
(2) 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 any
amounts remaining after amounts are allocated pursuant to
paragraph (1) in accordance with a formula to be established by
the Secretary that takes into consideration the following
factors:
(A) Risk of transmission of coronavirus in a
jurisdiction.
(B) Whether a jurisdiction has a high number or
rate of sheltered and unsheltered homeless individuals
and families.
(C) Economic and housing market conditions in a
jurisdiction.
(3) 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 paragraph (1) may also be used for costs of the
following activities:
(A) Providing training on infectious disease
prevention and mitigation.
(B) Providing hazard pay, including for time worked
before the effectiveness of this subparagraph, for
staff working directly to prevent and mitigate the
spread of coronavirus or COVID-19 among people
experiencing or at risk of homelessness.
(C) 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.
(D) Notwithstanding 24 CFR 576.102(a)(3), providing
a hotel or motel voucher for a homeless individual or
family.
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).
(4) Inapplicability of procurement standards.--To the
extent amounts made available pursuant to paragraph (1) 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.
(5) 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 paragraph (1) 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.
(6) 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 paragraph (1) of this subsection.
(7) 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 paragraph (1) of this subsection by substituting
``30-day'' for ``60-day''.
(8) Waivers and alternative requirements.--
(A) Authority.--In administering amounts made
available pursuant to paragraph (1), 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.
(B) 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.
(C) Exemption.--The use of amounts made available
pursuant to paragraph (1) 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.
(9) 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 paragraph (1) of this subsection.
(10) Prohibition on prerequisites.--None of the funds
authorized under this subsection 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.
(b) Continuum of Care Program.--Due to the emergency relating to
the Coronavirus Disease 2019 (COVID-19) pandemic, the Notice of Funding
Availability (NOFA) for fiscal year 2020 for the Continuum of Care
program under subtitle C of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11381 et seq.) shall have no force or effect
and the Secretary of Housing and Urban Development shall distribute
amounts made available for such fiscal year for such program based on
the results of the competition for amounts made available for such
program for fiscal year 2019 (FR-6300--25), except that grant amounts
may be adjusted to account for changes in fair market rents.
SEC. 110302. EMERGENCY RENTAL ASSISTANCE VOUCHER PROGRAM.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Housing and Urban Development (in this
section referred to as the ``Secretary''), $1,000,000,000 for fiscal
year 2020, to remain available until expended, for incremental
emergency vouchers under subsection (b).
(b) Emergency Vouchers.--
(1) In general.--The Secretary shall provide emergency
rental assistance vouchers under this subsection, which shall
be tenant-based rental assistance under section 8(o) the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)).
(2) Selection of families.--
(A) Mandatory preferences.--Each public housing
agency administering assistance under this section
shall provide preference for such assistance to
eligible families that are--
(i) homeless (as such term is defined in
section 103(a) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11302(a));
(ii) at risk of homelessness (as such term
is defined in section 401 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11360); or
(iii) fleeing, or attempting to flee,
domestic violence, dating violence, sexual
assault, or stalking.
(B) Allocation.--In allocating amounts made
available under this section, the Secretary shall--
(i) not later than 60 days after the date
of the enactment of this Act, allocate at least
50 percent of such amounts to public housing
agencies in accordance with a formula that
considers--
(I) the capability of public
housing agencies to promptly use
emergency vouchers provided under this
section; and
(II) the need for emergency
vouchers provided under this section in
the geographical area, based on factors
determined by the Secretary, including
risk of transmission of coronavirus,
high numbers or rates of sheltered and
unsheltered homelessness, and economic
and housing market conditions;
(ii) allocate remaining amounts in
accordance with a formula that considers--
(I) the criteria under clause (i)
and the success of a public housing
agency in promptly utilizing vouchers
awarded under clause (i); and
(II) the capability of the public
housing agency to create and manage
structured partnerships with service
providers for the delivery of
appropriate community-based services;
and
(iii) designate the number of vouchers
under this section that each public housing
agency that is awarded funds under this section
is authorized to administer.
(C) Election not to administer.--If a public
housing agency elects not to administer amounts under
this section, the Secretary shall award such amounts to
other public housing agencies according to the criteria
in subparagraph (B).
(D) Failure to use vouchers promptly.--If a public
housing agency fails to issue all of its authorized
vouchers under this section on behalf of eligible
families within a reasonable period of time as
determined by the Secretary, the Secretary shall
reallocate any unissued vouchers and associated funds
to others public housing agencies according to the
criteria under subparagraph (B)(ii).
(3) Waivers and alternative requirements.--Any waiver or
alternative requirement that the Secretary makes available to
all public housing agencies in connection with assistance made
available under the heading ``Tenant-Based Rental Assistance''
in title XII of division B of the CARES Act (Public Law 116-
136; 134 Stat.601) shall apply to assistance under this section
until the expiration of such waiver or alternative requirement.
(4) Termination of vouchers upon turnover.--
(A) In general.--A public housing agency may not
reissue any vouchers made available under this section
when assistance for the family initially assisted is
terminated.
(B) Reallocation.--Upon termination of assistance
for one or more families assisted by a public housing
agency under this section, the Secretary shall
reallocate amounts that are no longer needed by such
public housing agency for assistance under this section
to another public housing agency for the renewal of
vouchers previously authorized under this section.
TITLE IV--SUSPENDING NEGATIVE CREDIT REPORTING AND STRENGTHENING
CONSUMER AND INVESTOR PROTECTIONS
SEC. 110401. REPORTING OF INFORMATION DURING MAJOR DISASTERS.
(a) In General.--The CARES Act (Public Law 116-136) is amended by
striking section 4021 and inserting the following:
``SEC. 4021. REPORTING OF INFORMATION DURING MAJOR DISASTERS.
``(a) Purpose.--The purpose of this Act, and the amendments made by
this Act, 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) Consumer.--With respect to a covered period, the
term ``consumer'' shall only include a consumer who is a
resident of the affected area covered by the applicable
disaster or emergency declaration.
```(2) Covered major disaster period.--The term ``covered
major disaster period'' means the period--
```(A) beginning on the date on which a major
disaster is declared by the President under--
```(i) 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
```(ii) section 501 of such Act; and
```(B) ending on the date that is 120 days after
the end of the incident period for such disaster.
```(3) Covered period.--The term ``covered period'' means
the COVID-19 emergency period or a covered major disaster
period.
```(4) COVID-19 emergency period.--The term ``COVID-19
emergency period'' means the period beginning on March 13, 2020
(the date the President declared the emergency under section
501 of 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 ending on the
later of--
```(A) 120 days after the date of enactment of this
section; or
```(B) 120 days after the end of the incident
period for such emergency.
```(5) Major disaster.--The term ``major disaster'' means a
major disaster declared by the President under--
```(A) 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
```(B) section 501 of such Act.
```(b) Moratorium on Furnishing Adverse Information During Covered
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 period.
```(c) 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) relating to a consumer that was the result of any action or
inaction that occurred during a covered period.
```(d) Summary of Rights.--Not later than 60 days after the date of
enactment of this section, the Director of 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 (e); and
```(2) request a consumer report or score, without charge
to the consumer, under subsection (f).
```(e) 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 Director
of 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 for the purpose of providing credit
report protections under this subsection.
```(B) Documentation.--The Director of 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 a
covered period and for 60 days thereafter.
```(2) Database.--The Director of 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 a
covered 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 a covered period or in the 270-day
period following the end of a covered 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 described in section 603(p)
or nationwide specialty 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 a covered period or in
the 270-day period following the end of a covered
period.
```(B) Timing.--A consumer may submit a request
under subparagraph (A), not later than the end of the
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 described
in section 603(p) or nationwide specialty 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.
```(f) Free Credit Report and Scores.--
```(1) In general.--During the period between the beginning
of a covered period and ending 12-months after the end of the
covered period, each consumer reporting agency described under
section 603(p) and each 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. Such 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 a 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 is a resident of the affected area covered by the
applicable disaster or emergency declaration) as a condition of
receiving the file disclosure or score.
```(g) Posting of Rights.--Not later than 30 days after the date of
enactment of this section, each consumer reporting agency described
under section 603(p) and each nationwide specialty 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 (e); and
```(2) request consumer file disclosures and scores,
without charge to the consumer, under subsection (f).
```(h) 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 a covered
period).
```(2) Consumer report ban.--No consumer reporting agency
may make 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 a covered period).
```(i) 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.'.
``SEC. 4021A. 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 a covered period (as
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 the COVID-19
emergency and major disasters.'.
(b) Clerical Amendment.--The table of contents in section 2 of the
CARES Act is amended by striking the item relating to section 4021 and
inserting the following:
``Sec. 4021. Reporting of information during major disasters.
``Sec. 4021A. Limitations on new credit scoring models during the
COVID-19 emergency and major disasters.''.
(c) Conforming Amendment.--Subparagraph (F) of section 623(a)(1) of
the Fair Credit Reporting Act (15 U.S.C. 1681s-2(a)(1)) is hereby
repealed.
SEC. 110402. RESTRICTIONS ON COLLECTIONS OF CONSUMER DEBT DURING A
NATIONAL DISASTER OR EMERGENCY.
(a) In General.--The Fair Debt Collection Practices Act (15 U.S.C.
1692 et seq.) is amended by inserting after section 812 (15 U.S.C.
1692j) the following:
``Sec. 812A. Restrictions on collections of consumer debt during a
national disaster or emergency
``(a) Definitions.--In this section:
``(1) Covered period.--The term `covered period' means the
period beginning on the date of enactment of this section and
ending 120 days after the end of the incident period 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. 4121 et seq.) relating to
the Coronavirus Disease 2019 (COVID-19) pandemic.
``(2) Creditor.--The term `creditor' means any person--
``(A) who offers or extends credit creating a debt
or to whom a debt is owed; or
``(B) to whom any obligation for payment is owed.
``(3) Debt.--The term `debt'--
``(A) means any obligation or alleged obligation
that is or during the covered period becomes past due,
other than an obligation arising out of a credit
agreement entered into after the effective date of this
section, that arises out of a transaction with a
consumer; and
``(B) does not include a mortgage loan.
``(4) Debt collector.--The term `debt collector' means a
creditor and any other person or entity that engages in the
collection of debt, including the Federal Government and a
State government, irrespective of whether the applicable debt
is allegedly owed to or assigned to such creditor, person, or
entity.
``(5) Mortgage loan.--The term `mortgage loan' means a
covered mortgage loan (as defined under section 4022 of the
CARES Act) and a multifamily mortgage loan (as defined under
section 4023 of the CARES Act).
``(b) Prohibitions.--
``(1) In general.--Notwithstanding any other provision of
law, no debt collector may, during a covered period--
``(A) enforce a security interest securing a debt
through repossession, limitation of use, or
foreclosure;
``(B) take or threaten to take any action to
deprive an individual of their liberty as a result of
nonpayment of or nonappearance at any hearing relating
to an obligation owed by a consumer;
``(C) collect any debt, by way of garnishment,
attachment, assignment, deduction, offset, or other
seizure, from--
``(i) wages, income, benefits, bank,
prepaid or other asset accounts; or
``(ii) any assets of, or other amounts due
to, a consumer;
``(D) commence or continue an action to evict a
consumer from real or personal property for nonpayment;
``(E) disconnect or terminate service from a
utility service, including electricity, natural gas,
telecommunications or broadband, water, or sewer, for
nonpayment; or
``(F) threaten to take any of the foregoing
actions.
``(2) 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) Limitation on Fees and Interest.--After the expiration of a
covered period, a debt collector may not add to any past due debt any
interest on unpaid interest, higher rate of interest triggered by the
nonpayment of the debt, or fee triggered prior to the expiration of the
covered period by the nonpayment of the debt.
``(e) Violations.--Any person or government entity that violates
this section shall be liable to the applicable consumer as provided
under section 813, except that, for purposes of applying section 813--
``(1) such person or government entity shall be deemed a
debt collector, as such term is defined for purposes of section
813; and
``(2) each dollar figure in such section shall be deemed to
be 10 times the dollar figure specified.
``(f) Tolling.--Any applicable time limitations for exercising an
action prohibited under subsection (b) shall be tolled during a covered
period.
``(g) 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.''.
(b) Clerical Amendment.--The table of contents for the Fair Debt
Collection Practices Act is amended by inserting after the item
relating to section 812 the following:
``812A. Restrictions on collections of consumer debt during a national
disaster or emergency.''.
SEC. 110403. REPAYMENT PERIOD AND FORBEARANCE FOR CONSUMERS.
Section 812A of the Fair Debt Collection Practices Act (15 U.S.C.
1692 et seq.), as added by section 110402, is amended--
(1) by inserting after subsection (c) the following:
``(d) Repayment Period.--After the expiration of a covered period,
a debt collector shall comply with the following:
``(1) Debt arising from credit with a defined payment
period.--For any debt arising from credit with a defined term,
the debt collector shall extend the time period to repay any
past due balance of the debt by--
``(A) 1 payment period for each payment that a
consumer missed during the covered period, with the
payments due in the same amounts and at the same
intervals as the pre-existing payment schedule; and
``(B) 1 payment period in addition to the payment
periods described under subparagraph (A).
``(2) Debt arising from an open end credit plan.--For debt
arising from an open end credit plan, as defined in section 103
of the Truth in Lending Act (15 U.S.C. 1602), the debt
collector shall allow the consumer to repay the past-due
balance in a manner that does not exceed the amounts permitted
by the methods described in section 171(c) of the Truth in
Lending Act (15 U.S.C. 1666i-1(c)) and regulations promulgated
under that section.
``(3) Debt arising from other credit.--
``(A) In general.--For debt not described under
paragraph (2) or (3), the debt collector shall--
``(i) allow the consumer to repay the past-
due balance of the debt in substantially equal
payments over time; and
``(ii) provide the consumer with--
``(I) for past due balances of
$2,000 or less, 12 months to repay, or
such longer period as the debt
collector may allow;
``(II) for past due balances
between $2,001 and $5,000, 24 months to
repay, or such longer period as the
debt collector may allow; or
``(III) for past due balances
greater than $5,000, 36 months to
repay, or such longer period as the
debt collector may allow.
``(B) Additional protections.--The Director of the
Bureau may issue rules to provide greater repayment
protections to consumers with debts described under
subparagraph (A).
``(C) Relation to state law.--This paragraph shall
not preempt any State law that provides for greater
consumer protections than this paragraph.''; and
(2) by adding at the end the following:
``(h) Forbearance for Affected Consumers.--
``(1) Forbearance program.--Each debt collector that makes
use of the credit facility described in paragraph (4) shall
establish a forbearance program for debts available during the
covered period.
``(2) Automatic grant of forbearance upon request.--Under a
forbearance program required under paragraph (1), upon the
request of a consumer experiencing a financial hardship due,
directly or indirectly, to COVID-19, the debt collector shall
grant a forbearance on payment of debt for such time as needed
until the end of the covered period, with no additional
documentation required other than the borrower's attestation to
a financial hardship caused by COVID-19 and with no fees,
penalties, or interest (beyond the amounts scheduled or
calculated as if the borrower made all contractual payments on
time and in full under the terms of the loan contract) charged
to the borrower in connection with the forbearance.
``(3) Exception for certain mortgage loans subject to the
cares act.--This subsection shall not apply to a mortgage loan
subject to section 4022 or 4023 of the CARES Act.''.
SEC. 110404. CREDIT FACILITY.
Section 812A(h) of the Fair Debt Collection Practices Act (15
U.S.C. 1692 et seq.), as added by section 110403, is amended by adding
at the end the following:
``(4) Credit facility.--The Board of Governors of the
Federal Reserve System shall--
``(A) establish a facility, using amounts made
available under section 4003(b)(4) of the CARES Act (15
U.S.C. 9042(b)(4)), to make long-term, low-cost loans
to debt collectors to temporarily compensate such debt
collectors for documented financial losses caused by
forbearance of debt payments under this subsection; and
``(B) defer debt collectors' required payments on
such loans until after consumers' debt payments
resume.''.
TITLE V--FORGIVING STUDENT LOAN DEBT AND PROTECTING STUDENT BORROWERS
SEC. 110501. PAYMENTS FOR PRIVATE EDUCATION LOAN BORROWERS AS A RESULT
OF THE COVID-19 NATIONAL EMERGENCY.
(a) In General.--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.--
``(A) In general.--Effective on the date of the
enactment of this section, until the end of September
2021, 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.
``(B) Limitation on payments.--The maximum amount
of aggregate payments that the Secretary of the
Treasury may make under subparagraph (A) with respect
to an individual borrower is $10,000.
``(2) No capitalization of interest.--With respect to any
loan in repayment until the end of September 2021, interest due
on a private education loan during such period shall not be
capitalized at any time until the end of September 2021.
``(3) Reporting to consumer reporting agencies.--Until the
end of the September 2021--
``(A) 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; and
``(B) no adverse credit information may be
furnished to a consumer reporting agency for any
private education loan.
``(4) Notice of payments and program.--Not later than 15
days following the date of enactment of this subsection, and
monthly thereafter until the end of September 2021, 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 at
the end of September 2021.
``(5) Suspension of involuntary collection.--Until the end
of September 2021, 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 subsection.''.
(b) Appropriation.--Notwithstanding any other provision of law,
there is appropriated to the Secretary of the Treasury, out of amounts
in the Treasury not otherwise appropriated, $45,000,000,000 to carry
out this title and the amendments made by this title.
SEC. 110502. ADDITIONAL PROTECTIONS FOR PRIVATE STUDENT LOAN BORROWERS.
(a) In General.--
(1) Repayment plan and forgiveness terms.--Each private
education loan holder who receives a monthly payment pursuant
to section 140(h) of the Truth in Lending Act shall 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 section 685.209(c) of title 34,
Code of Federal Regulations, in effect as of January 1, 2020.
(2) Treatment of state statutes of limitation.--For a
borrower who has defaulted on a private education loan under
the terms of the promissory note prior to any loan payment made
or forbearance granted under section 140(h) of the Truth in
Lending Act, no payment made or forbearance granted under such
section 140(h) shall be considered an event that impacts the
calculation of the applicable State statutes of limitation.
(3) Prohibition on pressuring borrowers.--
(A) In general.--A private education loan debt
collector or creditor may not pressure a borrower to
elect to apply any amount received pursuant to
subsection (b) to any private education loan.
(B) Violations.--A violation of this paragraph is
deemed--
(i) an unfair, deceptive, or abusive act or
practice under Federal law in connection with
any transaction with a consumer for a consumer
financial product or service under section 1031
of the Consumer Financial Protection Act of
2010 (12 U.S.C. 5531); and
(ii) with respect to a violation by a debt
collector, an unfair or unconscionable means to
collect or attempt to collect any debt under
section 808 of the Federal Debt Collection
Practices Act (15 U.S.C. 1692f).
(C) Pressure defined.--In this paragraph, the term
``pressure'' means any communication, recommendation,
or other similar communication, other than providing
basic information about a borrower's options, urging a
borrower to make an election described under subsection
(b).
(b) Relief for Private Student Loan Borrowers as a Result of the
COVID-19 National Emergency.--
(1) Student loan relief as a result of the covid-19
national emergency.--Not later than 90 days after the end of
September 2021, the Secretary of the Treasury shall carry out a
program under which a borrower, with respect to the private
education loans of such borrower, shall receive in accordance
with paragraph (3) an amount equal to the lesser of--
(A) the total amount of each private education loan
of the borrower; or
(B) $10,000, reduced by the aggregate amount of all
payments made by the Secretary of the Treasury with
respect to such borrower under section 140(h) of the
Truth in Lending Act.
(2) Notification of borrowers.--Not later than 90 days
after the end of September 2021, the Secretary of the Treasury
shall notify each borrower of a private education loan 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 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 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 borrower
who does not make an election under
subparagraph (A) before the date described in
such subparagraph, 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
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.
(c) Definitions.--In this section:
(1) Fair debt collection practices act terms.--The terms
``creditor'' and ``debt collector'' have the meaning given
those terms, respectively, under section 803 of the Fair Debt
Collection Practices Act (15 U.S.C. 1692a).
(2) 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).
TITLE VI--STANDING UP FOR SMALL BUSINESSES, MINORITY-OWNED BUSINESSES,
AND NON-PROFITS
SEC. 110601. RESTRICTIONS ON COLLECTIONS OF SMALL BUSINESS AND
NONPROFIT DEBT DURING A NATIONAL DISASTER OR EMERGENCY.
(a) In General.--The Fair Debt Collection Practices Act (15 U.S.C.
1692 et seq.), as amended by section 110402, is further amended by
inserting after section 812A the following:
``Sec. 812B. Restrictions on collections of small business and
nonprofit debt during a national disaster or emergency
``(a) Definitions.--In this section:
``(1) Covered period.--The term `covered period' means the
period beginning on the date of enactment of this section and
ending 120 days after the end of the incident period 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. 4121 et seq.) relating to
the Coronavirus Disease 2019 (COVID-19) pandemic.
``(2) Creditor.--The term `creditor' means any person--
``(A) who offers or extends credit creating a debt
or to whom a debt is owed; or
``(B) to whom any obligation for payment is owed.
``(3) Debt.--The term `debt'--
``(A) means any obligation or alleged obligation
that is or during the covered period becomes past due,
other than an obligation arising out of a credit
agreement entered into after the effective date of this
section, that arises out of a transaction with a
nonprofit organization or small business; and
``(B) does not include a mortgage loan.
``(4) Debt collector.--The term `debt collector' means a
creditor and any other person or entity that engages in the
collection of debt, including the Federal Government and a
State government, irrespective of whether the applicable debt
is allegedly owed to or assigned to such creditor, person, or
entity.
``(5) Mortgage loan.--The term `mortgage loan' means a
covered mortgage loan (as defined under section 4022 of the
CARES Act) and a multifamily mortgage loan (as defined under
section 4023 of the CARES Act).
``(6) Nonprofit organization.--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.
``(7) Small business.--The term `small business' has the
meaning given the term `small business concern' in section 3 of
the Small Business Act (15 U.S.C. 632).
``(b) Prohibitions.--
``(1) In general.--Notwithstanding any other provision of
law, no debt collector may, during a covered period--
``(A) enforce a security interest securing a debt
through repossession, limitation of use, or
foreclosure;
``(B) take or threaten to take any action to
deprive an individual of their liberty as a result of
nonpayment of or nonappearance at any hearing relating
to an obligation owed by a small business or nonprofit
organization;
``(C) collect any debt, by way of garnishment,
attachment, assignment, deduction, offset, or other
seizure, from--
``(i) wages, income, benefits, bank,
prepaid or other asset accounts; or
``(ii) any assets of, or other amounts due
to, a small business or nonprofit organization;
``(D) commence or continue an action to evict a
small business or nonprofit organization from real or
personal property for nonpayment;
``(E) disconnect or terminate service from a
utility service, including electricity, natural gas,
telecommunications or broadband, water, or sewer, for
nonpayment; or
``(F) threaten to take any of the foregoing
actions.
``(2) Rule of construction.--Nothing in this section may be
construed to prohibit a small business or nonprofit
organization from voluntarily paying, in whole or in part, a
debt.
``(c) Limitation on Fees and Interest.--After the expiration of a
covered period, a debt collector may not add to any past due debt any
interest on unpaid interest, higher rate of interest triggered by the
nonpayment of the debt, or fee triggered prior to the expiration of the
covered period by the nonpayment of the debt.
``(e) Violations.--Any person or government entity that violates
this section shall be liable to the applicable small business or
nonprofit organization as provided under section 813, except that, for
purposes of applying section 813--
``(1) such person or government entity shall be deemed a
debt collector, as such term is defined for purposes of section
813; and
``(2) such small business or nonprofit organization shall
be deemed a consumer, as such term is defined for purposes of
section 813.
``(f) Tolling.--Any applicable time limitations for exercising an
action prohibited under subsection (b) shall be tolled during a covered
period.
``(g) 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.''.
(b) Clerical Amendment.--The table of contents for the Fair Debt
Collection Practices Act, as amended by section 110402, is further
amended by inserting after the item relating to section 812A the
following:
``812B. Restrictions on collections of small business and nonprofit
debt during a national disaster or
emergency.''.
SEC. 110602. REPAYMENT PERIOD AND FORBEARANCE FOR SMALL BUSINESSES AND
NONPROFIT ORGANIZATIONS.
Section 812B of the Fair Debt Collection Practices Act (15 U.S.C.
1692 et seq.), as added by section 110601, is amended--
(1) by inserting after subsection (c) the following:
``(d) Repayment Period.--After the expiration of a covered period,
a debt collector shall comply with the following:
``(1) Debt arising from credit with a defined payment
period.--For any debt arising from credit with a defined term,
the debt collector shall extend the time period to repay any
past due balance of the debt by--
``(A) 1 payment period for each payment that a
small business or nonprofit organization missed during
the covered period, with the payments due in the same
amounts and at the same intervals as the pre-existing
payment schedule; and
``(B) 1 payment period in addition to the payment
periods described under subparagraph (A).
``(2) Debt arising from an open end credit plan.--For debt
arising from an open end credit plan, as defined in section 103
of the Truth in Lending Act (15 U.S.C. 1602), the debt
collector shall allow the small business or nonprofit
organization to repay the past-due balance in a manner that
does not exceed the amounts permitted by the methods described
in section 171(c) of the Truth in Lending Act (15 U.S.C. 1666i-
1(c)) and regulations promulgated under that section.
``(3) Debt arising from other credit.--
``(A) In general.--For debt not described under
paragraph (2) or (3), the debt collector shall--
``(i) allow the small business or nonprofit
organization to repay the past-due balance of
the debt in substantially equal payments over
time; and
``(ii) provide the small business or
nonprofit organization with--
``(I) for past due balances of
$2,000 or less, 12 months to repay, or
such longer period as the debt
collector may allow;
``(II) for past due balances
between $2,001 and $5,000, 24 months to
repay, or such longer period as the
debt collector may allow; or
``(III) for past due balances
greater than $5,000, 36 months to
repay, or such longer period as the
debt collector may allow.
``(B) Additional protections.--The Director of the
Bureau may issue rules to provide greater repayment
protections to small businesses and nonprofit
organizations with debts described under subparagraph
(A).
``(C) Relation to state law.--This paragraph shall
not preempt any State law that provides for greater
small business or nonprofit organization protections
than this paragraph.''; and
(2) by adding at the end the following:
``(h) Forbearance for Affected Small Businesses and Nonprofit
Organizations.--
``(1) Forbearance program.--Each debt collector that makes
use of the credit facility described in paragraph (4) shall
establish a forbearance program for debts available during the
covered period.
``(2) Automatic grant of forbearance upon request.--Under a
forbearance program required under paragraph (1), upon the
request of a small business or nonprofit organization
experiencing a financial hardship due, directly or indirectly,
to COVID-19, the debt collector shall grant a forbearance on
payment of debt for such time as needed until the end of the
covered period, with no additional documentation required other
than the small business or nonprofit organization's attestation
to a financial hardship caused by COVID-19 and with no fees,
penalties, or interest (beyond the amounts scheduled or
calculated as if the borrower made all contractual payments on
time and in full under the terms of the loan contract) charged
to the borrower in connection with the forbearance.
``(3) Exception for certain mortgage loans subject to the
cares act.--This subsection shall not apply to a mortgage loan
subject to section 4022 or 4023 of the CARES Act.''.
SEC. 110603. CREDIT FACILITY.
Section 812B(h) of the Fair Debt Collection Practices Act (15
U.S.C. 1692 et seq.), as added by section 110602, is amended by adding
at the end the following:
``(4) Credit facility.--The Board of Governors of the
Federal Reserve System shall--
``(A) establish a facility, using amounts made
available under section 4003(b)(4) of the CARES Act (15
U.S.C. 9042(b)(4)), to make long-term, low-cost loans
to debt collectors to temporarily compensate such debt
collectors for documented financial losses caused by
forbearance of debt payments under this subsection; and
``(B) defer debt collectors' required payments on
such loans until after small businesses or nonprofit
organizations' debt payments resume.''.
SEC. 110604. MAIN STREET LENDING PROGRAM REQUIREMENTS.
(a) In General.--Section 4003(c)(3)(D)(ii) of the CARES Act (15
U.S.C. 9042(c)(3)(D)(ii)) is amended--
(1) by striking ``Nothing in this subparagraph shall limit
the discretion of the Board of Governors of the Federal Reserve
System to'' and inserting the following:
``(I) In general.--The Board of
Governors of the Federal Reserve System
shall''; and
(2) by adding at the end the following:
``(II) Requirements.--In carrying
out subclause (I), the Board of
Governors of the Federal Reserve
System--
``(aa) shall make non-
profit organizations eligible
for any program or facility
established under such
subclause;
``(bb) shall create a low-
cost loan option tailored to
the unique needs of non-profit
organizations, including the
ability to defer payments and,
solely for non-profit
organizations that are
ineligible to receive a covered
loan under section 7(a)(36) of
the Small Business Act (15
U.S.C. 636(a)(36)) and that
predominantly serve low-income
communities, as determined by
the Federal Reserve, have the
loans forgiven by the
Department of the Treasury for
a similar purpose to maintain
payroll and operations provided
under the Paycheck Protection
Program, notwithstanding
section 4003(d)(3) of the CARES
Act;''.
(b) Deadline.--Not later than the end of the 5-day period beginning
on the date of enactment of this Act, the Board of Governors of the
Federal Reserve System shall issue such rules or take such other
actions as may be necessary to implement the requirements made by the
amendments made by this section.
SEC. 110605. OPTIONS FOR SMALL BUSINESSES AND NON-PROFITS UNDER THE
MAIN STREET LENDING PROGRAM.
(a) In General.--Section (c)(3)(D)(ii)(II) of the CARES Act (15
U.S.C. 9042(c)(3)(D)(ii)(II)), as added by section 110604, is further
amended by adding at the end the following:
``(cc) shall provide at
least one low-cost loan option
that small businesses and small
non-profits are eligible for
that does not have a minimum
loan size;''.
(b) Deadline.--Not later than the end of the 5-day period beginning
on the date of enactment of this Act, the Board of Governors of the
Federal Reserve System shall issue such rules or take such other
actions as may be necessary to implement the requirements made by the
amendments made by this section.
SEC. 110606. SAFE BANKING.
(a) Short Title; Purpose.--
(1) Short title.--This section may be cited as the ``Secure
And Fair Enforcement Banking Act of 2020'' or the ``SAFE
Banking Act of 2020''.
(2) Purpose.--The purpose of this section is to increase
public safety by ensuring access to financial services to
cannabis-related legitimate businesses and service providers
and reducing the amount of cash at such businesses.
(b) Safe Harbor for Depository Institutions.--
(1) In general.--A Federal banking regulator may not--
(A) terminate or limit the deposit
insurance or share insurance of a depository
institution under the Federal Deposit Insurance
Act (12 U.S.C. 1811 et seq.), the Federal
Credit Union Act (12 U.S.C. 1751 et seq.), or
take any other adverse action against a
depository institution under section 8 of the
Federal Deposit Insurance Act (12 U.S.C. 1818)
solely because the depository institution
provides or has provided financial services to
a cannabis-related legitimate business or
service provider;
(B) prohibit, penalize, or otherwise
discourage a depository institution from
providing financial services to a cannabis-
related legitimate business or service provider
or to a State, political subdivision of a
State, or Indian Tribe that exercises
jurisdiction over cannabis-related legitimate
businesses;
(C) recommend, incentivize, or encourage a
depository institution not to offer financial
services to an account holder, or to downgrade
or cancel the financial services offered to an
account holder solely because--
(i) the account holder is a
cannabis-related legitimate business or
service provider, or is an employee,
owner, or operator of a cannabis-
related legitimate business or service
provider;
(ii) the account holder later
becomes an employee, owner, or operator
of a cannabis-related legitimate
business or service provider; or
(iii) the depository institution
was not aware that the account holder
is an employee, owner, or operator of a
cannabis-related legitimate business or
service provider;
(D) take any adverse or corrective
supervisory action on a loan made to--
(i) a cannabis-related legitimate
business or service provider, solely
because the business is a cannabis-
related legitimate business or service
provider;
(ii) an employee, owner, or
operator of a cannabis-related
legitimate business or service
provider, solely because the employee,
owner, or operator is employed by,
owns, or operates a cannabis-related
legitimate business or service
provider, as applicable; or
(iii) an owner or operator of real
estate or equipment that is leased to a
cannabis-related legitimate business or
service provider, solely because the
owner or operator of the real estate or
equipment leased the equipment or real
estate to a cannabis-related legitimate
business or service provider, as
applicable; or
(E) prohibit or penalize a depository
institution (or entity performing a financial
service for or in association with a depository
institution) for, or otherwise discourage a
depository institution (or entity performing a
financial service for or in association with a
depository institution) from, engaging in a
financial service for a cannabis-related
legitimate business or service provider.
(2) Safe harbor applicable to de novo institutions.--
Paragraph (1) shall apply to an institution applying for a
depository institution charter to the same extent as such
subsection applies to a depository institution.
(c) Protections for Ancillary Businesses.--For the purposes of
sections 1956 and 1957 of title 18, United States Code, and all other
provisions of Federal law, the proceeds from a transaction involving
activities of a cannabis-related legitimate business or service
provider shall not be considered proceeds from an unlawful activity
solely because--
(1) the transaction involves proceeds from a cannabis-
related legitimate business or service provider; or
(2) the transaction involves proceeds from--
(A) cannabis-related activities described in
subsection (n)(4)(B) conducted by a cannabis-related
legitimate business; or
(B) activities described in subsection (n)(13)(A)
conducted by a service provider.
(d) Protections Under Federal Law.--
(1) In general.--With respect to providing a financial
service to a cannabis-related legitimate business or service
provider within a State, political subdivision of a State, or
Indian country that allows the cultivation, production,
manufacture, sale, transportation, display, dispensing,
distribution, or purchase of cannabis pursuant to a law or
regulation of such State, political subdivision, or Indian
Tribe that has jurisdiction over the Indian country, as
applicable, a depository institution, entity performing a
financial service for or in association with a depository
institution, or insurer that provides a financial service to a
cannabis-related legitimate business or service provider, and
the officers, directors, and employees of that depository
institution, entity, or insurer may not be held liable pursuant
to any Federal law or regulation--
(A) solely for providing such a financial service;
or
(B) for further investing any income derived from
such a financial service.
(2) Protections for federal reserve banks and federal home
loan banks.--With respect to providing a service to a
depository institution that provides a financial service to a
cannabis-related legitimate business or service provider (where
such financial service is provided within a State, political
subdivision of a State, or Indian country that allows the
cultivation, production, manufacture, sale, transportation,
display, dispensing, distribution, or purchase of cannabis
pursuant to a law or regulation of such State, political
subdivision, or Indian Tribe that has jurisdiction over the
Indian country, as applicable), a Federal reserve bank or
Federal Home Loan Bank, and the officers, directors, and
employees of the Federal reserve bank or Federal Home Loan
Bank, may not be held liable pursuant to any Federal law or
regulation--
(A) solely for providing such a service; or
(B) for further investing any income derived from
such a service.
(3) Protections for insurers.--With respect to engaging in
the business of insurance within a State, political subdivision
of a State, or Indian country that allows the cultivation,
production, manufacture, sale, transportation, display,
dispensing, distribution, or purchase of cannabis pursuant to a
law or regulation of such State, political subdivision, or
Indian Tribe that has jurisdiction over the Indian country, as
applicable, an insurer that engages in the business of
insurance with a cannabis-related legitimate business or
service provider or who otherwise engages with a person in a
transaction permissible under State law related to cannabis,
and the officers, directors, and employees of that insurer may
not be held liable pursuant to any Federal law or regulation--
(A) solely for engaging in the business of
insurance; or
(B) for further investing any income derived from
the business of insurance.
(4) Forfeiture.--
(A) Depository institutions.--A depository
institution that has a legal interest in the collateral
for a loan or another financial service provided to an
owner, employee, or operator of a cannabis-related
legitimate business or service provider, or to an owner
or operator of real estate or equipment that is leased
or sold to a cannabis-related legitimate business or
service provider, shall not be subject to criminal,
civil, or administrative forfeiture of that legal
interest pursuant to any Federal law for providing such
loan or other financial service.
(B) Federal reserve banks and federal home loan
banks.--A Federal reserve bank or Federal Home Loan
Bank that has a legal interest in the collateral for a
loan or another financial service provided to a
depository institution that provides a financial
service to a cannabis-related legitimate business or
service provider, or to an owner or operator of real
estate or equipment that is leased or sold to a
cannabis-related legitimate business or service
provider, shall not be subject to criminal, civil, or
administrative forfeiture of that legal interest
pursuant to any Federal law for providing such loan or
other financial service.
(e) Rules of Construction.--
(1) No requirement to provide financial services.--Nothing
in this section shall require a depository institution, entity
performing a financial service for or in association with a
depository institution, or insurer to provide financial
services to a cannabis-related legitimate business, service
provider, or any other business.
(2) General examination, supervisory, and enforcement
authority.--Nothing in this section may be construed in any way
as limiting or otherwise restricting the general examination,
supervisory, and enforcement authority of the Federal banking
regulators, provided that the basis for any supervisory or
enforcement action is not the provision of financial services
to a cannabis-related legitimate business or service provider.
(f) Requirements for Filing Suspicious Activity Reports.--Section
5318(g) of title 31, United States Code, is amended by adding at the
end the following:
``(5) Requirements for cannabis-related legitimate
businesses.--
``(A) In general.--With respect to a financial
institution or any director, officer, employee, or
agent of a financial institution that reports a
suspicious transaction pursuant to this subsection, if
the reason for the report relates to a cannabis-related
legitimate business or service provider, the report
shall comply with appropriate guidance issued by the
Financial Crimes Enforcement Network. The Secretary
shall ensure that the guidance is consistent with the
purpose and intent of the SAFE Banking Act of 2020 and
does not significantly inhibit the provision of
financial services to a cannabis-related legitimate
business or service provider in a State, political
subdivision of a State, or Indian country that has
allowed the cultivation, production, manufacture,
transportation, display, dispensing, distribution,
sale, or purchase of cannabis pursuant to law or
regulation of such State, political subdivision, or
Indian Tribe that has jurisdiction over the Indian
country.
``(B) Definitions.--For purposes of this paragraph:
``(i) Cannabis.--The term `cannabis' has
the meaning given the term `marihuana' in
section 102 of the Controlled Substances Act
(21 U.S.C. 802).
``(ii) Cannabis-related legitimate
business.--The term `cannabis-related
legitimate business' has the meaning given that
term in subsection (n) of the SAFE Banking Act
of 2020.
``(iii) Indian country.--The term `Indian
country' has the meaning given that term in
section 1151 of title 18.
``(iv) Indian tribe.--The term `Indian
Tribe' has the meaning given that term in
section 102 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 479a).
``(v) Financial service.--The term
`financial service' has the meaning given that
term in subsection (n) of the SAFE Banking Act
of 2020.
``(vi) Service provider.--The term `service
provider' has the meaning given that term in
subsection (n) of the SAFE Banking Act of 2020.
``(vii) State.--The term `State' means each
of the several States, the District of
Columbia, Puerto Rico, and any territory or
possession of the United States.''.
(g) Guidance and Examination Procedures.--Not later than 180 days
after the date of enactment of this Act, the Financial Institutions
Examination Council shall develop uniform guidance and examination
procedures for depository institutions that provide financial services
to cannabis-related legitimate businesses and service providers.
(h) Annual Diversity and Inclusion Report.--The Federal banking
regulators shall issue an annual report to Congress containing--
(1) information and data on the availability of access to
financial services for minority-owned and women-owned cannabis-
related legitimate businesses; and
(2) any regulatory or legislative recommendations for
expanding access to financial services for minority-owned and
women-owned cannabis-related legitimate businesses.
(i) GAO Study on Diversity and Inclusion.--
(1) Study.--The Comptroller General of the United States
shall carry out a study on the barriers to marketplace entry,
including in the licensing process, and the access to financial
services for potential and existing minority-owned and women-
owned cannabis-related legitimate businesses.
(2) Report.--The Comptroller General shall issue a report
to the Congress--
(A) containing all findings and determinations made
in carrying out the study required under paragraph (1);
and
(B) containing any regulatory or legislative
recommendations for removing barriers to marketplace
entry, including in the licensing process, and
expanding access to financial services for potential
and existing minority-owned and women-owned cannabis-
related legitimate businesses.
(j) GAO Study on Effectiveness of Certain Reports on Finding
Certain Persons.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall carry out a study on the effectiveness of reports on suspicious
transactions filed pursuant to section 5318(g) of title 31, United
States Code, at finding individuals or organizations suspected or known
to be engaged with transnational criminal organizations and whether any
such engagement exists in a State, political subdivision, or Indian
Tribe that has jurisdiction over Indian country that allows the
cultivation, production, manufacture, sale, transportation, display,
dispensing, distribution, or purchase of cannabis. The study shall
examine reports on suspicious transactions as follows:
(1) During the period of 2014 until the date of the
enactment of this Act, reports relating to marijuana-related
businesses.
(2) During the 1-year period after date of the enactment of
this Act, reports relating to cannabis-related legitimate
businesses.
(k) Banking Services for Hemp Businesses.--
(1) Findings.--The Congress finds that--
(A) the Agriculture Improvement Act of 2018 (Public
Law 115-334) legalized hemp by removing it from the
definition of ``marihuana'' under the Controlled
Substances Act;
(B) despite the legalization of hemp, some hemp
businesses (including producers, manufacturers, and
retailers) continue to have difficulty gaining access
to banking products and services; and
(C) businesses involved in the sale of hemp-derived
cannabidiol (``CBD'') products are particularly
affected, due to confusion about their legal status.
(2) Federal banking regulator hemp banking guidance.--Not
later than the end of the 90-day period beginning on the date
of enactment of this Act, the Federal banking regulators shall
jointly issue guidance to financial institutions--
(A) confirming the legality of hemp, hemp-derived
CBD products, and other hemp-derived cannabinoid
products, and the legality of engaging in financial
services with businesses selling hemp, hemp-derived CBD
products, and other hemp-derived cannabinoid products,
after the enactment of the Agriculture Improvement Act
of 2018; and
(B) to provide recommended best practices for
financial institutions to follow when providing
financial services and merchant processing services to
businesses involved in the sale of hemp, hemp-derived
CBD products, and other hemp-derived cannabinoid
products.
(3) Financial institution defined.--In this section, the
term ``financial institution'' means any person providing
financial services.
(l) Application of Safe Harbors to Hemp and CBD Products.--
(1) In general.--Except as provided under paragraph (2),
the provisions of this section (other than subsections (f) and
(j)) shall apply to hemp (including hemp-derived cannabidiol
and other hemp-derived cannabinoid products) in the same manner
as such provisions apply to cannabis.
(2) Rule of application.--In applying the provisions of
this section described under paragraph (1) to hemp, the
definition of ``cannabis-related legitimate business'' shall be
treated as excluding any requirement to engage in activity
pursuant to the law of a State or political subdivision
thereof.
(3) Hemp defined.--In this subsection, the term ``hemp''
has the meaning given that term under section 297A of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1639o).
(m) Requirements for Deposit Account Termination Requests and
Orders.--
(1) Termination requests or orders must be valid.--
(A) In general.--An appropriate Federal banking
agency may not formally or informally request or order
a depository institution to terminate a specific
customer account or group of customer accounts or to
otherwise restrict or discourage a depository
institution from entering into or maintaining a banking
relationship with a specific customer or group of
customers unless--
(i) the agency has a valid reason for such
request or order; and
(ii) such reason is not based solely on
reputation risk.
(B) Treatment of national security threats.--If an
appropriate Federal banking agency believes a specific
customer or group of customers is, or is acting as a
conduit for, an entity which--
(i) poses a threat to national security;
(ii) is involved in terrorist financing;
(iii) is an agency of the Government of
Iran, North Korea, Syria, or any country listed
from time to time on the State Sponsors of
Terrorism list;
(iv) is located in, or is subject to the
jurisdiction of, any country specified in
clause (iii); or
(v) does business with any entity described
in clause (iii) or (iv), unless the appropriate
Federal banking agency determines that the
customer or group of customers has used due
diligence to avoid doing business with any
entity described in clause (iii) or (iv),
such belief shall satisfy the requirement under
subparagraph (A).
(2) Notice requirement.--
(A) In general.--If an appropriate Federal banking
agency formally or informally requests or orders a
depository institution to terminate a specific customer
account or a group of customer accounts, the agency
shall--
(i) provide such request or order to the
institution in writing; and
(ii) accompany such request or order with a
written justification for why such termination
is needed, including any specific laws or
regulations the agency believes are being
violated by the customer or group of customers,
if any.
(B) Justification requirement.--A justification
described under subparagraph (A)(ii) may not be based
solely on the reputation risk to the depository
institution.
(3) Customer notice.--
(A) Notice required.--Except as provided under
subparagraph (B) or as otherwise prohibited from being
disclosed by law, if an appropriate Federal banking
agency orders a depository institution to terminate a
specific customer account or a group of customer
accounts, the depository institution shall inform the
specific customer or group of customers of the
justification for the customer's account termination
described under paragraph (2).
(B) Notice prohibited.--
(i) Notice prohibited in cases of national
security.--If an appropriate Federal banking
agency requests or orders a depository
institution to terminate a specific customer
account or a group of customer accounts based
on a belief that the customer or customers pose
a threat to national security, or are otherwise
described under subsection (a)(2), neither the
depository institution nor the appropriate
Federal banking agency may inform the customer
or customers of the justification for the
customer's account termination.
(ii) Notice prohibited in other cases.--If
an appropriate Federal banking agency
determines that the notice required under
subparagraph (A) may interfere with an
authorized criminal investigation, neither the
depository institution nor the appropriate
Federal banking agency may inform the specific
customer or group of customers of the
justification for the customer's account
termination.
(4) Reporting requirement.--Each appropriate Federal
banking agency shall issue an annual report to the Congress
stating--
(A) the aggregate number of specific customer
accounts that the agency requested or ordered a
depository institution to terminate during the previous
year; and
(B) the legal authority on which the agency relied
in making such requests and orders and the frequency on
which the agency relied on each such authority.
(5) Definitions.--For purposes of this subsection:
(A) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' means--
(i) the appropriate Federal banking agency,
as defined under section 3 of the Federal
Deposit Insurance Act (12 U.S.C. 1813); and
(ii) the National Credit Union
Administration, in the case of an insured
credit union.
(B) Depository institution.--The term ``depository
institution'' means--
(i) a depository institution, as defined
under section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813); and
(ii) an insured credit union.
(n) Definitions.--In this Act:
(1) Business of insurance.--The term ``business of
insurance'' has the meaning given such term in section 1002 of
the Dodd-Frank Wall Street Reform and Consumer Protection Act
(12 U.S.C. 5481).
(2) Cannabis.--The term ``cannabis'' has the meaning given
the term ``marihuana'' in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(3) Cannabis product.--The term ``cannabis product'' means
any article which contains cannabis, including an article which
is a concentrate, an edible, a tincture, a cannabis-infused
product, or a topical.
(4) Cannabis-related legitimate business.--The term
``cannabis-related legitimate business'' means a manufacturer,
producer, or any person or company that--
(A) engages in any activity described in
subparagraph (B) pursuant to a law established by a
State or a political subdivision of a State, as
determined by such State or political subdivision; and
(B) participates in any business or organized
activity that involves handling cannabis or cannabis
products, including cultivating, producing,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing cannabis or
cannabis products.
(5) Depository institution.--The term ``depository
institution'' means--
(A) a depository institution as defined in section
3(c) of the Federal Deposit Insurance Act (12 U.S.C.
1813(c));
(B) a Federal credit union as defined in section
101 of the Federal Credit Union Act (12 U.S.C. 1752);
or
(C) a State credit union as defined in section 101
of the Federal Credit Union Act (12 U.S.C. 1752).
(6) Federal banking regulator.--The term ``Federal banking
regulator'' means each of the Board of Governors of the Federal
Reserve System, the Bureau of Consumer Financial Protection,
the Federal Deposit Insurance Corporation, the Federal Housing
Finance Agency, the Financial Crimes Enforcement Network, the
Office of Foreign Asset Control, the Office of the Comptroller
of the Currency, the National Credit Union Administration, the
Department of the Treasury, or any Federal agency or department
that regulates banking or financial services, as determined by
the Secretary of the Treasury.
(7) Financial service.--The term ``financial service''--
(A) means a financial product or service, as
defined in section 1002 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5481);
(B) includes the business of insurance;
(C) includes, whether performed directly or
indirectly, the authorizing, processing, clearing,
settling, billing, transferring for deposit,
transmitting, delivering, instructing to be delivered,
reconciling, collecting, or otherwise effectuating or
facilitating of payments or funds, where such payments
or funds are made or transferred by any means,
including by the use of credit cards, debit cards,
other payment cards, or other access devices, accounts,
original or substitute checks, or electronic funds
transfers;
(D) includes acting as a money transmitting
business which directly or indirectly makes use of a
depository institution in connection with effectuating
or facilitating a payment for a cannabis-related
legitimate business or service provider in compliance
with section 5330 of title 31, United States Code, and
any applicable State law; and
(E) includes acting as an armored car service for
processing and depositing with a depository institution
or a Federal reserve bank with respect to any monetary
instruments (as defined under section 1956(c)(5) of
title 18, United States Code.
(8) Indian country.--The term ``Indian country'' has the
meaning given that term in section 1151 of title 18.
(9) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
(10) Insurer.--The term ``insurer'' has the meaning given
that term under section 313(r) of title 31, United States Code.
(11) Manufacturer.--The term ``manufacturer'' means a
person who manufactures, compounds, converts, processes,
prepares, or packages cannabis or cannabis products.
(12) Producer.--The term ``producer'' means a person who
plants, cultivates, harvests, or in any way facilitates the
natural growth of cannabis.
(13) Service provider.--The term ``service provider''--
(A) means a business, organization, or other person
that--
(i) sells goods or services to a cannabis-
related legitimate business; or
(ii) provides any business services,
including the sale or lease of real or any
other property, legal or other licensed
services, or any other ancillary service,
relating to cannabis; and
(B) does not include a business, organization, or
other person that participates in any business or
organized activity that involves handling cannabis or
cannabis products, including cultivating, producing,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing cannabis or
cannabis products.
(14) State.--The term ``State'' means each of the several
States, the District of Columbia, Puerto Rico, and any
territory or possession of the United States.
(o) Discretionary Surplus Funds.--Section 7(a)(3)(A) of the Federal
Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by striking
``$6,825,000,000'' and inserting ``$6,821,000,000''.
TITLE VII--EMPOWERING COMMUNITY FINANCIAL INSTITUTIONS
SEC. 110701. COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND.
(a) In General.--There is authorized to be appropriated to the
Community Development Financial Institutions Fund, out of amounts in
the general fund not otherwise appropriated, $2,000,000,000 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, for the Bank
Enterprise Award program, and for financial assistance, technical
assistance, training, and outreach programs designed to benefit Native
American, Native Hawaiian, and Alaska Native communities and provided
primarily through qualified community development lender organizations
with experience and expertise in community development banking and
lending in Indian country, Native American organizations, Tribes and
Tribal organizations, and other suitable providers. Of the amount
appropriated pursuant to this heading, not less than $800,000,000 shall
be for providing financial assistance, technical assistance, awards,
training, and outreach programs described above to recipients that are
minority lending institutions.
(b) Definitions.--For purposes of this section:
(1) Minority lending institution.--The term ``minority
lending institution'' means any depository institution, loan
fund, or other financial institution that--
(A) if a privately-owned institution, 51 percent is
owned by one or more socially and economically
disadvantaged individuals;
(B) if publicly-owned, 51 percent of the stock is
owned by one or more socially and economically
disadvantaged individuals; and
(C) in the case of a mutual institution, where the
majority of the Board of Directors, account holders,
and the community which it services is predominantly
minority.
(2) Minority.--The term ``minority'' means any black
American, Native American, Hispanic American, or Asian
American.
SEC. 110702. ENSURING DIVERSITY IN COMMUNITY BANKING.
(a) Short Title.--This section may be cited as the ``Ensuring
Diversity in Community Banking Act of 2020''.
(b) Community Development Financial Institution.--In this section,
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).
(c) Minority Depository Institution.--In this section, 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 section.
(d) 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.''.
(e) 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 the total dollar
value of the loans extended by such depository institution to
low-income borrowers is greater than or equal to 50 percent of
the assets of such bank.
(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 paragraph, including by providing a
definition of a low-income borrower.
(8) Reports.--Each appropriate Federal banking agency shall
submit an annual report to the Congress containing a
description of actions taken to carry out this paragraph.
(9) 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).
(f) 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
section.
(6) Definitions.--In this paragraph:
(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)).''.
(g) 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 collateralized or insured, as
determined by the Secretary. Such deposits shall include reciprocal
deposits, as defined under section 29(i)(2) of the Federal Deposit
Insurance Act (12 U.S.C. 1831f(i)(2)).''; 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 subsection (e) 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''.
(h) 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 and consistent with
principles of sound financial management, the use of minority
banks and minority credit unions to hold the deposits 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 hold the deposits 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 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)).
(i) 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 section 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.
(j) 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 subsection (e) 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 or 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 subsection (e)) 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.
(k) Report on Covered Mentor-protege Programs.--
(1) 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--
(A) an analysis of outcomes of such program;
(B) the number of minority depository institutions
that are eligible to participate in such program but do
not have large financial institution mentors; and
(C) recommendations for how to match such minority
depository institutions with large financial
institution mentors.
(2) 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.
(l) Custodial Deposit Program for Covered Minority Depository
Institutions and Impact Banks.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Treasury shall
issue rules establishing a custodial deposit program under
which a covered bank may receive deposits from a qualifying
account.
(2) Requirements.--In issuing rules under paragraph (1),
the Secretary of the Treasury shall--
(A) ensure each covered bank participating in the
program established under this subsection--
(i) has appropriate policies relating to
management of assets, including measures to
ensure the safety and soundness of each such
covered bank; and
(ii) is compliant with applicable law; and
(B) ensure, to the extent practicable that the
rules do not conflict with goals described in section
308(a) of the Financial Institutions Reform, Recovery,
and Enforcement Act of 1989 (12 U.S.C. 1463 note).
(3) Report.--Each quarter, the Secretary of the Treasury
shall submit to Congress a report on the implementation of the
program established under this subsection including information
identifying participating covered banks and the total amount of
deposits received by covered banks under the program.
(4) Definitions.--In this subsection:
(A) Covered bank.--The term ``covered bank''
means--
(i) a minority depository institution that
is well capitalized, as defined by the Federal
Deposit Insurance Corporation or the National
Credit Union Administration, as appropriate; or
(ii) a depository institution designated
pursuant to subsection (e) that is well
capitalized, as defined by the Federal Deposit
Insurance Corporation.
(B) 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 24-
month period.
(m) 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.
(2) Implementation report.--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 subsection (e) 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.
(n) 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
Banks 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.
(o) 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 subsection (e)) 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.
TITLE VIII--PROVIDING ASSISTANCE FOR STATE, TERRITORY, TRIBAL, AND
LOCAL GOVERNMENTS
SEC. 110801. EMERGENCY RELIEF FOR STATE, TERRITORIAL, TRIBAL, AND LOCAL
GOVERNMENTS.
(a) Purchase of COVID-19 Related Municipal Issuances.--Section
14(b) of the Federal Reserve Act (12 U.S.C. 355) is amended by adding
at the end the following new paragraph:
``(3) Unusual and Exigent Circumstances.--Under unusual and exigent
circumstances, to buy any bills, notes, revenue bonds, and warrants
issued by any State, county, district, political subdivision,
municipality, or entity that is a combination of any of the several
States, the District of Columbia, or any of the territories and
possessions of the United States. In this paragraph, the term `State'
means each of the several States, 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.--Within 7 days after the date of the enactment of
this subsection, the Board of Governors of the Federal Reserve System
shall modify the Municipal Liquidity Facility (established on April 9,
2020, pursuant to section 13(3) of the Federal Reserve Act (12 U.S.C.
343(3))) to--
(1) ensure such facility is operational until December 31,
2021;
(2) allow for the purchase of bills, notes, bonds, and
warrants with maximum maturity of 10 years from the date of
such purchase;
(3) ensure that any purchases made are at an interest rate
equal to 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'' or the ``Federal funds rate'';
(4) ensure that an eligible issuer does not need to attest
to an inability to secure credit elsewhere; and
(5) include in the list of eligible issuers for such
purchases--
(A) any of the territories and possessions of the
United States;
(B) a political subdivision of a State with a
population of more than 50,000 residents; and
(C) an entity that is a combination of any of the
several States, the District of Columbia, or any of the
territories and possessions of the United States.
SEC. 110802. COMMUNITY DEVELOPMENT BLOCK GRANTS.
(a) Funding and Allocations.--
(1) Authorization of appropriations.--There is authorized
to be appropriated $5,000,000,000 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.), which shall remain
available until September 30, 2023.
(2) Allocation.--Amounts 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.
(b) Time Limitation on Emergency Grant Payments.--Paragraph (4) of
section 570.207(b) of the Secretary's regulations (24 C.F.R.
570.207(b)(4)) shall be applied with respect to grants with amounts
made available pursuant to subsection (a), by substituting ``121
consecutive months'' for ``3 consecutive months''.
(c) Matching of Amounts Used for Administrative Costs.--Any
requirement for a State to match or supplement amounts expended for
program administration of State grants under section 106(d) of the
Housing and Community Development Act of 1974 (42 U.S.C. 5306(d)) shall
not apply with respect to amounts made available pursuant to subsection
(a).
(d) CAPER Information.--During the period that begins on the date
of 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, the Secretary shall make
all information included in Consolidated Annual Performance and
Evaluation Reports relating to assistance made available pursuant to
this section publicly available on its website on a quarterly basis.
(e) Authority; Waivers.--Any provisions of, and waivers and
alternative requirements issued by the Secretary pursuant to, the
heading ``Department of Housing and Urban Development--Community
Planning and Development --Community Development Fund'' in title XII of
division B of the CARES Act (Public Law 116-136) shall apply with
respect to amounts made available pursuant to subsection (a) of this
section.
TITLE IX--PROVIDING OVERSIGHT AND PROTECTING TAXPAYERS
SEC. 110901. MANDATORY REPORTS TO CONGRESS.
(a) Disclosure of Transaction Reports.--Section 4026(b)(1)(A)(iii)
of the CARES Act (Public Law 116-136) is amended--
(1) in subclause (IV)--
(A) by inserting ``and the justification for such
exercise of authority'' after ``authority''; and
(B) by striking ``and'' at the end;
(2) in subclause (V), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(VI) the identity of each
recipient of a loan or loan guarantee
described in subclause (I);
``(VII) the date and amount of each
such loan or loan guarantee and the
form in which each such loan or loan
guarantee was provided;
``(VIII) the material terms of each
such loan or loan guarantee,
including--
``(aa) duration;
``(bb) collateral pledged
and the value thereof;
``(cc) all interest, fees,
and other revenue or items of
value to be received in
exchange for such loan or loan
guarantee;
``(dd) any requirements
imposed on the recipient with
respect to employee
compensation, distribution of
dividends, or any other
corporate decision in exchange
for the assistance; and
``(ee) the expected costs
to the Federal Government with
respect to such loans or loan
guarantees.''.
(b) Reports by the Secretary of the Treasury.--Section 4018 of the
CARES Act (Public Law 116-136) is amended by adding at the end the
following:
``(k) Reports by the Secretary.--Not later than 7 days after the
last day of each month, the Secretary shall submit to the Special
Inspector General, the Committee on Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and Urban
Affairs of the Senate a report that includes the information specified
in subparagraphs (A) through (E) of subsection (c)(1) with respect to
the making, purchase, management, and sale of loans, loan guarantees,
and other investments made by the Secretary under any program
established by the Secretary under this Act.''.
SEC. 110902. DISCRETIONARY REPORTS TO CONGRESS.
Section 4020(b) of the CARES Act (Public Law 116-136) is amended by
adding at the end the following:
``(3) Discretionary reports to congress.--In addition to
the reports required under paragraph (2), the Oversight
Commission may submit other reports to Congress at such time,
in such manner, and containing such information as the
Oversight Commission determines appropriate.''.
SEC. 110903. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
(a) Pandemic Response Accountability Committee.--Section
15010(a)(2) of the CARES Act (Public Law 116-136) is amended--
(1) by redesignating subparagraphs (B) through (D) as
subparagraphs (D) through (F), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
``(C) the Committee on Financial Services of the
House of Representatives;''.
(b) Oversight and Audit Authority.--Section 19010(a)(1) of the
CARES Act (Public Law 116-136) is amended--
(1) by redesignating subparagraphs (B) through (G) as
subparagraphs (D) through (I), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
``(C) the Committee on Financial Services of the
House of Representatives;''.
SEC. 110904. REPORTING BY INSPECTORS GENERAL.
(a) Definition of Covered Agency.--In this section, the term
``covered agency'' means--
(1) the Department of the Treasury;
(2) the Federal Deposit Insurance Corporation;
(3) the Office of the Comptroller of the Currency;
(4) the Board of Governors of the Federal Reserve System;
(5) the National Credit Union Administration;
(6) the Bureau of Consumer Financial Protection;
(7) the Department of Housing and Urban Development;
(8) the Department of Agriculture, Rural Housing Service;
(9) the Securities and Exchange Commission; and
(10) the Federal Housing Finance Agency.
(b) Report.--The Inspector General of each covered agency shall
include in each semiannual report submitted by the Inspector General
the findings of the Inspector General on the effectiveness of--
(1) rulemaking by the covered agency related to COVID-19;
and
(2) supervision and oversight by the covered agency of
institutions and entities that participate in COVID-19-related
relief, funding, lending, or other programs of the covered
agency.
(c) Submission.--The Inspector General of each covered agency shall
submit the information required to be included in each semiannual
report under subsection (b) to--
(1) the Special Inspector General for Pandemic Recovery
appointed under section 4018 of division A of the CARES Act
(Public Law 116-136);
(2) the Pandemic Response Accountability Committee
established under section 15010 of division B of the CARES Act
(Public Law 116-136); and
(3) the Congressional Oversight Commission established
under section 4020 of division A of the CARES Act (Public Law
116-136).
DIVISION L--FAMILIES, WORKERS, AND COMMUNITY SUPPORT PROVISIONS
TITLE I--AMENDMENTS TO EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT
AND EMERGENCY PAID SICK LEAVE ACT
Subtitle A--Emergency Family and Medical Leave Expansion Act Amendments
SEC. 120101. REFERENCES.
Except as otherwise expressly provided, whenever in this subtitle
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. 120102. EMPLOYEE ELIGIBILITY AND EMPLOYER CLARIFICATION.
(a) Employee Eligibility.--Section 101(2) is amended by adding at
the end the following:
``(F) Alternative eligibility for covid-19 public
health emergency .--For the period beginning on the
date of enactment of the HEROES Act and ending on
December 31, 2022--
``(i) subparagraph (A)(i) shall be applied
by substituting `90 days' for `12 months'; and
``(ii) subparagraph (A)(ii) shall not
apply.''.
(b) 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. 120103. EMERGENCY LEAVE EXTENSION.
Section 102(a)(1)(F) is amended by striking ``December 31, 2020''
and inserting ``December 31, 2021''.
SEC. 120104. 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 self-isolate because the employee
is diagnosed with COVID-19.
``(ii) To obtain a medical diagnosis or
care if such employee is experiencing the
symptoms of COVID-19.
``(iii) To comply with a recommendation or
order by a public official with jurisdiction or
a health care provider to self isolate, without
regard to whether such recommendation or order
is specific to the employee, on the basis that
the physical presence of the employee on the
job would jeopardize the employee's health, the
health of other employees, or the health of an
individual in the household of the employee
because of--
``(I) the possible exposure of the
employee to COVID-19; or
``(II) exhibition of symptoms of
COVID-19 by the employee.
``(iv) To care for or assist a family
member of the employee, without regard to
whether another individual other than the
employee is available to care for or assist
such family member, because--
``(I) such family member--
``(aa) is self-isolating
because such family member has
been diagnosed with COVID-19;
or
``(bb) is experiencing
symptoms of COVID-19 and needs
to obtain medical diagnosis or
care; or
``(II) a public official with
jurisdiction or a health care provider
makes a recommendation or order with
respect to such family member, without
regard to whether such determination is
specific to such family member, that
the presence of the family member in
the community would jeopardize the
health of other individuals in the
community because of--
``(aa) the possible
exposure of such family member
to COVID-19; or
``(bb) exhibition of
symptoms of COVID-19 by such
family member.
``(v) 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.
``(vi) To care for a family member who is
incapable of self-care because of a mental or
physical disability or is a senior citizen,
without regard to whether another individual
other than the employee is available to care
for such family member, if the place of care
for such family member is closed or the direct
care provider is unavailable due to COVID-
19.''.
(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) A domestic partner of the employee.
``(viii) Any other individual related by
blood or affinity whose close association with
the employee is the equivalent of a family
relationship.
``(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. 120105. 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. 120106. PAID LEAVE.
Section 110(b) of the Family and Medical Leave Act of 1993 is
amended--
(1) in the heading, by striking ``Relationship to'';
(2) by amending paragraph (1) to read as follows:
``(1) Employee election.--
``(A) In general.--An employee may elect to
substitute any vacation leave, personal leave, or
medical or sick leave for paid leave under section
102(a)(1)(F) in accordance with section 102(d)(2)(B).
``(B) Employer requirement.--An employer may not
require an employee to substitute any leave described
in subparagraph (A) for leave under section
102(a)(1)(F).
``(C) 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.
``(D) Relationship to limitation.--Compensation for
any vacation leave, personal leave, or medical or sick
leave that is substituted for leave under section
102(a)(1)(F) shall not count toward the limitation
under paragraph (2)(B)(ii).''; and
(3) in paragraph (2)(A), by striking ``that an employee
takes'' and all that follows through ``10 days''.
SEC. 120107. WAGE RATE.
Section 110(b)(2)(B) is amended--
(1) by amending clause (i)(I) 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''; and
(2) in clause (ii), by striking ``$10,000'' and inserting
``$12,000''.
SEC. 120108. NOTICE.
Section 110(c) is amended by striking ``for the purpose described
in subsection (a)(2)(A)''.
SEC. 120109. INTERMITTENT LEAVE.
Section 110 is amended by adding at the end the following:
``(e) Leave Taken Intermittently or on a Reduced Work Schedule.--
Leave under section 102(a)(1)(F) may be taken by an employee
intermittently or on a reduced work schedule, without regard to whether
the employee and the employer of the employee have an agreement with
respect to whether such leave may be taken intermittently or on a
reduced work schedule.''.
SEC. 120110. CERTIFICATION.
Section 110 is further amended by adding at the end the following:
``(f) Certification.--
``(1) In general.--If an employer requires that a request
for leave under section 102(a)(1)(F) be certified, the employer
may require documentation for certification not earlier than 5
weeks after the date on which the employee takes such leave.
``(2) Sufficient certification.--The following
documentation shall be sufficient for certification:
``(A) With respect to leave taken for the purposes
described in clauses (i) through (iv) of subsection
(a)(2)(A)--
``(i) a recommendation or order from a
public official having jurisdiction or a health
care provider that the employee or relevant
family member has symptoms of COVID-19 or
should self-isolate; or
``(ii) documentation or evidence, including
an oral or written statement from an employee,
that the employee or relevant family member has
been exposed to COVID-19.
``(B) With respect to leave taken for the purposes
described in clause (v) or (vi) of subsection
(a)(2)(A), notice from the school, place of care, or
child care or direct care provider of the son or
daughter or other family member of the employee of
closure or unavailability.''.
SEC. 120111. AUTHORITY OF THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND
BUDGET TO EXCLUDE CERTAIN EMPLOYEES.
Section 110(a) is amended by striking paragraph (4).
SEC. 120112. TECHNICAL AMENDMENTS.
(a) Section 110(a)(1)(A) is amended by striking ``(ii)'' before
``Special rule'' and inserting ``(iii)''.
(b) Section 19008 of the CARES Act is amended--
(1) by striking ``--'' after ``amended'';
(2) by striking paragraph (1); and
(3) by striking ``(2)'' before ``by adding at the end''.
SEC. 120113. 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.
Subtitle B--Emergency Paid Sick Leave Act Amendments
SEC. 120114. REFERENCES.
Except as otherwise expressly provided, whenever in this subtitle
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. 120115. 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 qualifying need related
to a public health emergency (as defined in section 110(a)(2)(A) of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2620(a)(2)(A)).''.
(b) Recurrence.--Section 5102(b) is amended by striking ``An'' and
inserting ``During any 12-month period, an''.
(c) Employers With Existing Policies.--Section 5102 is amended by
striking subsection (f) and inserting 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).''.
(d) Intermittent Leave.--Section 5102 is further amended by adding
at the end the following:
``(g) Leave Taken Intermittently or on a Reduced Work Schedule.--
Leave under section 5102 may be taken by an employee intermittently or
on a reduced work schedule, without regard to whether the employee and
the employer of the employee have an agreement with respect to whether
such leave may be taken intermittently or on a reduced work
schedule.''.
(e) Certification.--Section 5102 is further amended by adding at
the end the following:
``(h) Certification.--If an employer requires that a request for
paid sick time under this section be certified--
``(1) the documentation described in paragraph (2) of
section 110(f) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2620(f)) shall be sufficient for certification; and
``(2) an employer may not require such certification
unless--
``(A) the employee takes not less than 3
consecutive days of paid sick time; and
``(B) the employer requires documents for such
certification not earlier than 7 workdays after the
employee returns to work after such paid sick time.''.
(f) Notice.--Section 5102 is further amended by adding at the end
the following:
``(i) Notice.--In any case where the necessity for leave under this
section is foreseeable, an employee shall provide the employer with
such notice of leave as is practicable.''.
(g) Leave Transfer to New Employer.--Section 5102 is further
amended by adding at the end the following:
``(j) Leave Transfer to New Employer.--A covered employee who
begins employment with a new covered employer shall be entitled to the
full amount of leave under section 5102 with respect to such
employer.''.
(h) Restoration to Position.--
(1) In general.--Section 5102 is further amended by adding
at the end the following:
``(k) Restoration to Position.--Any covered employee who takes paid
sick time under this section, on return from such paid sick time, shall
be entitled--
``(1) to be restored by the employer to the position of
employment held by the employee when the leave commenced; or
``(2) if such position is not available, to be restored to
an equivalent position with equivalent employment benefits,
pay, and other terms and conditions of employment.''.
(2) Enforcement.--Section 5105 is amended--
(A) by amending subsection (a) to read as follows:
``(a) Unpaid Sick Leave.--Subject to subsection (b), a violation of
section 5102 shall be deemed a violation of section 7 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 207) and unpaid amounts shall be
treated as unpaid overtime compensation under such section for the
purposes of sections 15 and 16 of such Act (29 U.S.C. 215 and 216).'';
and
(B) in subsection (b), by inserting ``section
5102(k) or'' before ``section 5104''.
SEC. 120116. SUNSET.
Section 5109 is amended by striking ``December 31, 2020'' and
inserting ``December 31, 2021''.
SEC. 120117. DEFINITIONS.
(a) 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.''.
(b) FMLA Terms.--Section 5110(4) is amended to read as follows:
``(4) FMLA terms.--
``(A) Section 101.--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).
``(B) Section 110.--The terms `child care
provider', `domestic partner', `family member',
`parent', and `school' have the meanings given such
terms in section 110(a)(2) of the Family and Medical
and Leave Act of 1993.''.
(c) Paid Sick Time.--Section 5110(5) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``reason described
in any paragraph of section 2(a)'' and inserting
``qualifying need related to a public health
emergency''; 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)''.
(d) Qualifying Need Related to a Public Health Emergency.--Section
5110 is amended by adding at the end the following:
``(1) Qualifying need related to a public health
emergency.--The term `qualifying need related to a public
health emergency' has the meaning given such term in section
110(a)(2)(A) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2620(a)(2)(A)).''.
SEC. 120118. EMERGENCY PAID SICK LEAVE FOR EMPLOYEES OF THE DEPARTMENT
OF VETERANS AFFAIRS AND THE TRANSPORTATION SECURITY
ADMINISTRATION FOR PURPOSES RELATING TO COVID-19.
Section 5110(1) is further amended--
(1) in subparagraph (E) by striking ``or'' after ``Code;'';
(2) by redesignating subparagraph (F) as subparagraph (H);
and
(3) by inserting after subparagraph (E) the following:
``(F) notwithstanding sections 7421(a) or 7425(b)
of title 38, United States Code, or any other provision
of law, an employee of the Department of Veterans
Affairs (including employees under chapter 74 of such
title);
``(G) any employee of the Transportation Security
Administration, including an employee under 111(d) of
the Aviation and Transportation Security Act (49 U.S.C.
44935 note); or''.
SEC. 120119. AUTHORITY OF THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND
BUDGET TO EXCLUDE CERTAIN EMPLOYEES.
Division E is amended by striking section 5112.
SEC. 120120. 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.
TITLE II--COVID-19 WORKFORCE DEVELOPMENT RESPONSE ACTIVITIES
SEC. 120201. DEFINITIONS AND SPECIAL RULE.
(a) Definitions.--
(1) In general.--Except as otherwise provided, the terms in
this title have the meanings given the terms in section 3 of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(2) Apprenticeship; apprenticeship program.--The terms
``apprenticeship'' or ``apprenticeship program'' mean an
apprenticeship program registered under the Act of August 16,
1937 (commonly known as the ``National Apprenticeship Act'')
(50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), including
any requirement, standard, or rule promulgated under such Act,
as such requirement, standard, or rule was in effect on
December 30, 2019.
(3) 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).
(4) 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.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(b) Special Rule.--For purposes of this Act, in fiscal years 2020
and 2021, funds are authorized to be appropriated for activities under
the Workforce Innovation and Opportunity Act, except that funds are
only authorized to support apprenticeship programs as defined under
subsection (a)(2) of this section, including any funds awarded for the
purposes of grants, contracts, or cooperative agreements, or the
development, implementation, or administration, of an apprenticeship or
an apprenticeship program.
SEC. 120202. JOB CORPS RESPONSE TO THE COVID-19 NATIONAL EMERGENCY.
In order to provide for the successful continuity of services and
enrollment periods during the COVID-19 national emergency, additional
flexibility shall be provided for Job Corps operators, providers of
eligible activities, and practitioners, including the following:
(1) Eligibility.--Notwithstanding the age requirements for
enrollment under section 144(a)(1) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3194(a)(1)), an individual
seeking to enroll in Job Corps and who turns 25 during the
COVID-19 national emergency is eligible for such enrollment.
(2) Enrollment length.--Notwithstanding section 146(b) of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3196(b)), an individual enrolled in Job Corps during the COVID-
19 national emergency may extend their period of enrollment for
more than 2 years as long as such extension does not exceed a
2-year, continuous period of enrollment after the COVID-19
national emergency.
(3) Advanced career training programs.--Notwithstanding
paragraph (2), with respect to advanced career training
programs under section 148(c) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3198(c)) in which the enrollees may
continue to participate for a period not to exceed 1 year in
addition to the period of participation to which the enrollees
would otherwise be limited, the COVID-19 national emergency
shall not be considered as any portion of such additional 1-
year participation period.
(4) Counseling, job placement, and assessment.--The
counseling, job placement, and assessment services described in
section 149 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3199) shall be available to former enrollees--
(A) whose enrollment was interrupted due to the
COVID-19 national emergency;
(B) who graduated from Job Corps on or after
January 1, 2020; or
(C) who graduated from Job Corps not later than 3
months after the COVID-19 national emergency.
(5) Support.--The Secretary shall provide additional
support for the transition periods described in section 150 of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3200),
including the following:
(A) Transition allowances.--The Secretary shall
provide, subject to the availability of appropriations,
for the provision of additional transition allowances
as described in subsection (b) of such section 150 (29
U.S.C. 3200) for Job Corps students who graduate during
the periods described in subparagraph (B) or (C) of
paragraph (4) of this paragraph.
(B) Transition support.--The Secretary shall
consider the period during the COVID-19 national
emergency and the three month period following the
conclusion of the COVID-19 national emergency as the
period in which the provision of employment services as
described in subsection (c) of such section 150 (29
U.S.C. 3200) shall be provided to graduates who have
graduated in 2020.
SEC. 120203. NATIVE AMERICAN PROGRAMS RESPONDING TO THE COVID-19
NATIONAL EMERGENCY.
As a result of challenges faced by the COVID-19 national emergency,
the Secretary may extend, by 1 fiscal year, the 4-year period for
grants, contracts, and cooperative agreements that will be awarded in
fiscal year 2021 under subsection (c) of section 166 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3221) for funds under such
grants, contracts, and cooperative agreements to be used to carry out
the activities described in subsection (d) of such section through
fiscal year 2025.
SEC. 120204. MIGRANT AND SEASONAL FARMWORKER PROGRAM RESPONSE.
(a) Competitive Grant Awards.--As a result of challenges faced by
the COVID-19 national emergency, the Secretary may extend, by 1 fiscal
year, the 4-year period for grants and contracts that will be awarded
in fiscal year 2021 under subsection (a) of section 167 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3222) for funds
under such grants and contracts to be used to carry out the activities
described in subsection (d) of such section through fiscal year 2025.
(b) Eligible Migrant and Seasonal Farmworker.--Notwithstanding the
definition of ``eligible seasonal farmworker'' in section 167(i)(3) of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3222(i)(3)), an
individual seeking to enroll in a program funded under section 167 of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3222) during
the COVID-19 national emergency is eligible for such enrollment if such
individual is a member of a family with a total family income equal to
or less than 150 percent of the poverty line.
SEC. 120205. YOUTHBUILD ACTIVITIES RESPONDING TO THE COVID-19 NATIONAL
EMERGENCY.
During the COVID-19 national emergency, the Secretary shall provide
for flexibility for YouthBuild participants and entities carrying out
YouthBuild programs, including the following:
(1) Eligibility.-- Notwithstanding the age requirements for
enrollment under section 171(e)(1)(A)(i) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3226(e)(1)(A)(i)), an
individual seeking to participate in a YouthBuild program and
who turns 25 during the COVID-19 national emergency is eligible
for such participation.
(2) Participation length.--Notwithstanding section
171(e)(2) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3226(e)(2)), the period of participation in a YouthBuild
program may extend beyond 24 months for an individual
participating in such program during the COVID-19 national
emergency, as long as such extension does not exceed a 24
month, continuous period of enrollment after the COVID-19
national emergency.
SEC. 120206. APPRENTICESHIP SUPPORT DURING THE COVID-19 NATIONAL
EMERGENCY.
Not later than 30 days after the date of enactment of this Act, the
Secretary shall identify and disseminate strategies and tools to
support virtual and online learning and training in apprenticeship
programs.
TITLE III--COVID-19 EVERY WORKER PROTECTION ACT OF 2020
SEC. 120301. SHORT TITLE.
This title may be cited as the ``COVID-19 Every Worker Protection
Act of 2020''.
SEC. 120302. EMERGENCY TEMPORARY AND PERMANENT STANDARDS.
(a) Emergency Temporary Standard.--
(1) In general.--In consideration of the grave danger
presented by COVID-19 and the need to strengthen protections
for employees, notwithstanding the provisions of law and the
Executive orders listed in paragraph (7), not later than 7 days
after the date of enactment of this Act, the Secretary of Labor
shall 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) other employees at occupational risk of such
exposure.
(2) Consultation.--In developing the standard under this
subsection, the Secretary of Labor--
(A) shall consult with--
(i) the Director of the Centers for Disease
Control and Prevention;
(ii) the Director of the National Institute
for Occupational Safety and Health; and
(B) may consult with the professional associations
and representatives of the employees in the occupations
and sectors described in subparagraphs (A) through (C)
of paragraph (1).
(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'' (as
defined in 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 a State or political
subdivision of a State already subject to the jurisdiction of a
State plan approved under section 18(b) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 667(b)).
(7) Inapplicable provisions of law and executive order.--
The provisions of law and the Executive orders list in this
paragraph are as follows:
(A) The requirements of chapter 6 of title 5,
United States Code (commonly referred to as the
``Regulatory Flexibility Act'').
(B) Subchapter I of chapter 35 of title 44, United
States Code (commonly referred to as the ``Paperwork
Reduction Act'').
(C) The Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1501 et seq.).
(D) Executive Order 12866 (58 Fed. Reg. 190;
relating to regulatory planning and review), as
amended.
(E) Executive Order 13771 (82 Fed. Reg. 9339,
relating to reducing regulation and controlling
regulatory costs).
(b) Permanent Standard.--Not later than 24 months after the date of
enactment of this Act, the Secretary of Labor shall, pursuant to
section 6 of the Occupational Safety and Health Act (29 U.S.C. 655),
promulgate a final standard--
(1) to protect employees in the occupations and sectors
described in subparagraphs (A) through (C) of subsection (a)(1)
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 include--
(1) a requirement that the employers of the employees in
the occupations and sectors described in subparagraphs (A)
through (C) of subsection (a)(1)--
(A) develop and implement a comprehensive
infectious disease exposure control plan, with the
input and involvement of employees or, where
applicable, the representatives of employees, as
appropriate, to address the risk of occupational
exposure in such sectors and occupations; and
(B) record and report each work-related COVID-19
infection and death, as set forth in part 1904 of title
29, Code of Federal Regulations (as in effect on the
date of enactment of this Act);
(2) 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 (29 U.S.C. 667); and
(3) the incorporation, as appropriate, of--
(A) guidelines issued by the Centers for Disease
Control and Prevention, the National Institute for
Occupational Safety and Health, and the Occupational
Safety and Health Administration which are designed to
prevent the transmission of infectious agents in health
care or other occupational settings; and
(B) relevant scientific research on novel
pathogens.
(d) Anti-retaliation.--
(1) Policy.--Each standard promulgated under this section
shall require employers to adopt a policy prohibiting the
discrimination and retaliation described in paragraph (2) by
any person (including an agent of the employer).
(2) Prohibition.--No employer (including an agent of the
employer) shall discriminate or retaliate against an employee
for--
(A) reporting to the employer, to a local, State,
or Federal government agency, or to the media or on a
social media platform--
(i) a violation of a standard promulgated
pursuant to this Act;
(ii) a violation of an infectious disease
exposure control plan described in subsection
(c)(1); or
(iii) a good faith concern about a
workplace infectious disease hazard;
(B) seeking assistance or intervention from the
employer or a local, State, or Federal government
agency with respect to such a report;
(C) voluntary use of personal protective equipment
with a higher level of protection than is provided by
the employer; or
(D) exercising any other right under the
Occupational Safety and Health Act of 1970 (29 U.S.C.
651 et seq.).
(3) Enforcement.--This subsection shall be enforced in the
same manner and to the same extent as any standard promulgated
under section 6(b) of the Occupational Safety and Health Act of
1970 (29 U.S.C. 655(b)).
SEC. 120303. SURVEILLANCE, TRACKING, AND INVESTIGATION OF WORK-RELATED
CASES OF COVID-19.
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, including information
on the work status, occupation, and industry classification of
an individual, 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 120302(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 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.
TITLE IV--COMMUNITY AND FAMILY SUPPORT
SEC. 120401. MATCHING FUNDS WAIVER FOR FORMULA GRANTS AND SUBGRANTS
UNDER THE FAMILY VIOLENCE PREVENTION AND SERVICES ACT.
(a) Waiver of Matching Funds for Awarded Grants and Subgrants.--The
Secretary of Health and Human Services shall waive--
(1) the non-Federal contributions requirement under
subsection (c)(4) of section 306 of the Family Violence
Prevention and Services Act (42 U.S.C. 10406) with respect to
the grants and subgrants awarded in fiscal years 2019 and 2020
to each State (as defined in section 302 of such Act (42 U.S.C.
10402)) and the eligible entities within such State under such
section or section 308 of such Act (42 U.S.C. 10408); and
(2) the reporting requirements required under such grants
and subgrants that relate to such non-Federal contributions
requirement.
(b) Waiver of Matching Funds for Grants Awarded After Date of
Enactment.--
(1) In general.--Subsection (c)(4) of section 306 of the
Family Violence Prevention and Services Act (42 U.S.C. 10406)
shall not apply to a qualified grant during the period of a
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.
(2) Qualified grant defined.--In this subsection, the term
``qualified grant'' means a grant or subgrant awarded--
(A) after the date of the enactment of this
section; and
(B) under section 306, 308, or 309 of the Family
Violence Prevention and Services Act (42 U.S.C. 10406;
10408; 10409).
SEC. 120402. DISTRIBUTION OF CERTAIN FUNDS APPROPRIATED FOR THE
COMMUNITY SERVICES BLOCK GRANT ACT.
(a) Distribution of CARES Act Funds to States.--Section 675B(b)(3)
of the Community Services Block Grant Act (42 U.S.C. 9906(b)(3)) shall
not apply with respect to funds appropriated by the CARES Act (Public
Law 116-136) to carry out the Community Services Block Grant Act (42
U.S.C.9901 et seq.).
(b) Increased Poverty Line.--For purposes of carrying out the
Community Services Block Grant Act (42 U.S.C. 9901 et seq.) with any
funds appropriated for fiscal year 2020 for such Act, the term
``poverty line'' as defined in section 673(2) of such Act (42 U.S.C.
9902(2)) means 200 percent of the poverty line otherwise applicable
under such section (excluding the last sentence of such section)
without regard to this subsection.
SEC. 120403. USE OF LIHEAP SUPPLEMENTAL APPROPRIATIONS.
Notwithstanding the Low-Income Home Energy Assistance Act of 1981,
with respect to amounts appropriated under title VI of division A of
this Act to carry out the Low-Income Home Energy Assistance Act of
1981, each State, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Virgin Islands of the United States, the Commonwealth of the
Northern Mariana Islands, and each Indian Tribe, as applicable, that
receives an allotment of funds from such amounts--
(1) shall, in using such funds, for 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 for unemployment
benefits, as sufficient to demonstrate lack of income for an
individual or household; and
(2) may use not more than 12.5 percent of such funds for
administrative costs.
TITLE V--COVID-19 PROTECTIONS UNDER LONGSHORE AND HARBOR WORKERS'
COMPENSATION ACT
SEC. 120501. COMPENSATION PURSUANT TO THE LONGSHORE AND HARBOR WORKERS'
COMPENSATION ACT.
(a) Entitlement to Compensation.--
(1) In general.--A covered employee who receives a
diagnosis or is subject to an order described in paragraph
(2)(B) and who provides notice of or files a claim relating to
such diagnosis or order under section 12 or 13 of the Longshore
and Harbor Workers' Compensation Act (33 U.S.C. 912, 913),
respectively, shall--
(A) be deemed to have an injury arising out of or
in the course of employment for which compensation is
payable under the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 901 et seq.); and
(B) be paid the compensation to which the employee
is entitled under such Act (33 U.S.C. 901 et seq.).
(2) Covered employee.--In this section, the term ``covered
employee'' means an employee who--
(A) at any time during the period beginning on
January 27, 2020, and ending on January 27, 2022, was
engaged in maritime employment; and
(B) was--
(i) at any time during the period beginning
on January 27, 2020, and ending on February 27,
2022, diagnosed with COVID-19; or
(ii) at any time during the period
described in subparagraph (A), ordered not to
return to work by the employee's employer or by
a local, State, or Federal agency because of
exposure, or the risk of exposure, to 1 or more
individuals diagnosed with COVID-19 in the
workplace.
(b) Reimbursement.--
(1) In general.--
(A) Entitlement.--Subject to subparagraph (B), an
employer of a covered employee or the employer's
carrier shall be entitled to reimbursement for any
compensation paid with respect to a notice or claim
described in subsection (a), including disability
benefits, funeral and burial expenses, medical or other
related costs for treatment and care, and reasonable
and necessary allocated claims expenses.
(B) Safety and health requirements.--To be entitled
to reimbursement under subparagraph (A)--
(i) an employer shall be in compliance with
all applicable safety and health guidelines and
standards that are related to the prevention of
occupational exposure to COVID-19, including
such guidelines and standards issued by the
Occupational Safety and Health Administration,
State plans approved under section 18 of the
Occupational Safety and Health Act of 1970 (29
U.S.C. 667), the Coast Guard, and Federal,
State or local public health authorities; and
(ii) a carrier--
(I) shall be a carrier for an
employer that is in compliance with
clause (i); and
(II) shall not adjust the
experience rating or the annual premium
of the employer based upon the
compensation paid by the carrier with
respect to a notice or claim described
in subparagraph (A).
(2) Reimbursement procedures.--To receive reimbursement
under paragraph (1)--
(A) a claim for such reimbursement shall be
submitted to the Secretary of Labor--
(i) not later than one year after the final
payment of compensation to a covered employee
pursuant to this section; and
(ii) in the same manner as a claim for
reimbursement is submitted in accordance with
part 61 of title 20, Code of Federal
Regulations (as in effect on the date of
enactment of this Act); and
(B) an employer and the employer's carrier shall
make, keep, and preserve such records, make such
reports, and provide such information, as the Secretary
of Labor determines necessary or appropriate to carry
out this section.
(c) Special Fund.--
(1) In general.--A reimbursement under paragraph (1) shall
be paid out of the special fund established in section 44 of
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 944).
(2) Funding.--There are authorized to be appropriated, and
there are appropriated, such funds as may be necessary to
reimburse the special fund described in paragraph (1) for each
reimbursement paid out of such fund under paragraph (1).
(d) Report.--Not later than 60 days after the end of fiscal year
2020, 2021, and 2022, the Secretary of Labor shall submit to the
Committee on Education and Labor of the House of Representatives and
the Committee on Health, Education, Labor and Pensions of the Senate,
an annual report enumerating--
(1) the number of claims filed pursuant to section (a)(1);
(2) of such filed claims--
(A) the number and types of claims approved under
section 13 of the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 913);
(B) the number and types of claims denied under
such section;
(C) the number and types of claims pending under
such section; and
(3) the amounts and the number of claims for reimbursement
paid out of the special fund under subsection (c)(1) for the
fiscal year for which the report is being submitted.
(e) Regulations.--The Secretary of Labor may promulgate such
regulations as may be necessary to carry out this section.
(f) LHWCA Terms.--In this section, the terms ``carrier'',
``compensation'', ``employee'', and ``employer'' have the meanings
given the terms in section 2 of the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 902).
DIVISION M--CONSUMER PROTECTION AND TELECOMMUNICATIONS PROVISIONS
TITLE I--COVID-19 PRICE GOUGING PREVENTION
SEC. 130101. SHORT TITLE.
This title may be cited as the ``COVID-19 Price Gouging Prevention
Act''.
SEC. 130102. 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 period that is 45 days before or
after the date that is one year before the date such
good or service is sold or offered for sale under
subsection (a).
(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 equipment and
supplies (including medical testing supplies), a drug
as defined in section 201(g)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)), 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, OTHER EQUIPMENT, AND
CONNECTED DEVICES
SEC. 130201. E-RATE SUPPORT FOR WI-FI HOTSPOTS, OTHER EQUIPMENT, 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, from amounts made available from the
Emergency Connectivity Fund established under subsection (i)(1), of
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 (including a Tribal elementary school, Tribal secondary school,
or Tribal library) eligible for support under such section, for the
purchase during an emergency period described in subsection (e)
(including any portion of such a period occurring before the date of
the enactment of this Act) of equipment described in subsection (c),
advanced telecommunications and information services, or equipment
described in such subsection and advanced telecommunications and
information services, for use by--
(1) in the case of a school, students and staff of such
school at locations that include locations other than such
school; and
(2) in the case of a library, patrons of such library at
locations that include locations other than such library.
(b) Tribal Issues.--
(1) Reservation for tribal lands.--The Commission shall
reserve not less than 5 percent of the amounts available to the
Commission under subsection (i)(3) to provide support under the
regulations required by subsection (a) to schools and libraries
that serve persons who are located on Tribal lands.
(2) Eligibility of tribal libraries.--For purposes of
determining the eligibility of a Tribal library for support
under the regulations required by subsection (a), the portion
of paragraph (4) of section 254(h) of the Communications Act of
1934 (47 U.S.C. 254(h)) relating to eligibility for assistance
from a State library administrative agency under the Library
Services and Technology Act shall not apply.
(c) Equipment Described.--The equipment described in this
subsection is the following:
(1) Wi-Fi hotspots.
(2) Modems.
(3) Routers.
(4) Devices that combine a modem and router.
(5) Connected devices.
(d) Prioritization of Support.--The Commission shall provide in the
regulations required by subsection (a) for a mechanism to require a
school or library to prioritize the provision of equipment described in
subsection (c), advanced telecommunications and information services,
or equipment described in such subsection and advanced
telecommunications and information services, 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 have access
to equipment described in subsection (c), do not have access to
advanced telecommunications and information services, or have access to
neither equipment described in subsection (c) nor advanced
telecommunications and information services, at the residences of such
students and staff or patrons.
(e) Emergency Periods Described.--An emergency period described in
this subsection is a period that--
(1) begins on the date of a determination by the Secretary
of Health and Human Services pursuant to section 319 of the
Public Health Service Act (42 U.S.C. 247d) that a public health
emergency exists as a result of COVID-19; and
(2) ends on the June 30 that first occurs after the date on
which such determination (including any renewal thereof)
terminates.
(f) Treatment of Equipment 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 equipment described in
subsection (c) 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 equipment 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 such equipment in
exchange for any thing (including a service) of value, except
that such school or library may exchange such equipment for
upgraded equipment of the same type.
(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 support under such section to be used for the purposes
described in subsection (a) other than as required by such subsection.
(h) Procedural Matters.--
(1) Part 54 regulations.--Nothing in this section shall be
construed to prevent the Commission from providing that the
regulations in part 54 of title 47, Code of Federal Regulations
(or any successor regulation), shall apply in whole or in part
to support provided under the regulations required by
subsection (a), shall not apply in whole or in part to such
support, or shall be modified in whole or in part for purposes
of application to such support.
(2) Exemption from certain rulemaking requirements.--
Subsections (b), (c), and (d) of section 553 of title 5, United
States Code, shall not apply to a regulation promulgated under
subsection (a) of this section or a rulemaking to promulgate
such a regulation.
(3) Paperwork reduction act exemption.--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
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
$5,000,000,000 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 support
under the regulations required by subsection (a).
(4) Relationship to universal service contributions.--
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) Definitions.--In this section:
(1) Advanced telecommunications and information services.--
The term ``advanced telecommunications and information
services'' means advanced telecommunications and information
services, as such term is used in section 254(h) of the
Communications Act of 1934 (47 U.S.C. 254(h)).
(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 advanced telecommunications and
information services.
(4) Library.--The term ``library'' includes a library
consortium.
(5) Tribal land.--The term ``Tribal land'' means--
(A) any land located within the boundaries of--
(i) an Indian reservation, pueblo, or
rancheria; or
(ii) a former reservation within Oklahoma;
(B) any land not located within the boundaries of
an Indian reservation, pueblo, or rancheria, the title
to which is held--
(i) in trust by the United States for the
benefit of an Indian Tribe or an individual
Indian;
(ii) by an Indian Tribe or an individual
Indian, subject to restriction against
alienation under laws of the United States; or
(iii) by a dependent Indian community;
(C) any land located within a region established
pursuant to section 7(a) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1606(a));
(D) Hawaiian Home Lands, as defined in section 801
of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4221); or
(E) those areas or communities designated by the
Assistant Secretary of Indian Affairs of the Department
of the Interior that are near, adjacent, or contiguous
to reservations where financial assistance and social
service programs are provided to Indians because of
their status as Indians.
(6) Tribal library.--The term ``Tribal library'' means,
only during an emergency period described under subsection (e),
a facility owned by an Indian Tribe, serving Indian Tribes, or
serving American Indians, Alaskan Natives, or Native Hawaiian
communities, including--
(A) a Tribal library or Tribal library consortium;
or
(B) a Tribal government building, chapter house,
longhouse, community center, or other similar public
building.
(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 advanced telecommunications
and information services; and
(B) sharing such services with another device
through the use of Wi-Fi.
TITLE III--EMERGENCY BENEFIT FOR BROADBAND SERVICE
SEC. 130301. 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 implementing this section.
(b) Requirements.--The regulations promulgated pursuant to
subsection (a) shall establish the following:
(1) Emergency broadband benefit.--During an emergency
period, a provider shall provide an eligible household with an
internet service offering, upon request by a member of such
household. Such provider shall discount the price charged to
such household for such internet service offering in an amount
equal to the emergency broadband benefit for such household.
(2) Verification of eligibility.--To verify whether a
household is an eligible household, a provider shall either--
(A) use the National Lifeline Eligibility Verifier;
or
(B) rely upon an alternative verification process
of the provider, if the Commission finds such process
to be sufficient to avoid waste, fraud, and abuse.
(3) Use of national lifeline eligibility verifier.--The
Commission shall--
(A) expedite the ability of all providers to access
the National Lifeline Eligibility Verifier for purposes
of determining whether a household is an eligible
household; and
(B) ensure that the National Lifeline Eligibility
Verifier approves an eligible household to receive the
emergency broadband benefit not later than two days
after the date of the submission of information
necessary to determine if such household is an eligible
household.
(4) Extension of emergency period.--An emergency period may
be extended within a State or any portion thereof if the State,
or in the case of Tribal land, a Tribal government, 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 48 hours after
receiving such notice, post the notice on the public website of
the Commission.
(5) Reimbursement.--From the Emergency Broadband
Connectivity Fund established in subsection (h), the Commission
shall reimburse a provider in an amount equal to the emergency
broadband benefit with respect to an eligible household that
receives such benefit from such provider.
(6) Reimbursement for connected device.--A provider that,
in addition to providing the emergency broadband benefit to an
eligible household, supplies such household with a connected
device may be reimbursed up to $100 from the Emergency
Broadband Connectivity Fund established in subsection (h) for
such connected device, if the charge to such eligible household
is more than $10 but less than $50 for such connected device,
except that a provider may receive reimbursement for no more
than one connected device per eligible household.
(7) No retroactive reimbursement.--A provider may not
receive a reimbursement from the Emergency Broadband
Connectivity Fund for providing an internet service offering
discounted by the emergency broadband benefit, or for supplying
a connected device, that was provided or supplied (as the case
may be) before the date of the enactment of this Act.
(8) Certification required.--To receive a reimbursement
under paragraph (5) or (6), a provider shall certify to the
Commission the following:
(A) That the amount for which the provider is
seeking reimbursement from the Emergency Broadband
Connectivity Fund for an internet service offering to
an eligible household is not more than the normal rate.
(B) That each eligible household for which a
provider is seeking reimbursement for providing an
internet service offering discounted by the emergency
broadband benefit--
(i) has not been and will not be charged--
(I) for such offering, if the
normal rate for such offering is less
than or equal to the amount of the
emergency broadband benefit for such
household; or
(II) more for such offering than
the difference between the normal rate
for such offering and the amount of the
emergency broadband benefit for such
household;
(ii) will not be required to pay an early
termination fee if such eligible household
elects to enter into a contract to receive such
internet service offering if such household
later terminates such contract; and
(iii) was not subject to a mandatory
waiting period for such internet service
offering based on having previously received
broadband internet access service from such
provider.
(C) A description of the process used by the
provider to verify that a household is an eligible
household, if the provider elects an alternative
verification process under paragraph (2)(B), and that
such verification process was designed to avoid waste,
fraud, and abuse.
(9) Audit requirements.--The Commission shall adopt audit
requirements to ensure that providers are in compliance with
the requirements of this section and to prevent waste, fraud,
and abuse in the emergency broadband benefit program
established under this section.
(c) Eligible Providers.--Notwithstanding subsection (e) of this
section, the Commission shall provide a reimbursement to a 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)).
(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 (or any successor regulation).
(e) Part 54 Regulations.--Nothing in this section shall be
construed to prevent the Commission from providing that the regulations
in part 54 of title 47, Code of Federal Regulations (or any successor
regulation), shall apply in whole or in part to support provided under
the regulations required by subsection (a), shall not apply in whole or
in part to such support, or shall be modified in whole or in part for
purposes of application to such support.
(f) Enforcement.--A violation of this section or a regulation
promulgated under this section, including the knowing or reckless
denial of an internet service offering discounted by the emergency
broadband benefit to an eligible household that requests such an
offering, shall be treated as a violation of the Communications Act of
1934 (47 U.S.C. 151 et seq.) or a regulation promulgated under such
Act. The Commission shall enforce this section and the regulations
promulgated under this section 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 Communications Act of 1934 were
incorporated into and made a part of this section.
(g) 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) 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).
(h) 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
$8,800,000,000 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 for
reimbursements to providers under the regulations required by
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 this subsection and not from contributions under section
254(d) of the Communications Act of 1934 (47 U.S.C. 254(d)),
except the Commission may use such contributions if needed to
offset expenses associated with the reliance on the National
Lifeline Eligibility Verifier to determine eligibility of
households to receive the emergency broadband benefit.
(i) 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) Connected device.--The term ``connected device'' means
a laptop or desktop computer or a tablet.
(3) Eligible household.--The term ``eligible household''
means, regardless of whether the household or any member of the
household receives support under subpart E of part 54 of title
47, Code of Federal Regulations (or any successor regulation),
and regardless of whether any member of the household has any
past or present arrearages with a provider, a household in
which--
(A) at least one member of the household meets the
qualifications in subsection (a) or (b) of section
54.409 of title 47, Code of Federal Regulations (or any
successor regulation);
(B) at least one member of the household has
applied for and been approved to receive benefits under
the free and reduced price lunch program under the
Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.) or the school breakfast program under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773); or
(C) at least one member of the household has
experienced a substantial loss of income since February
29, 2020, documented by layoff or furlough notice,
application for unemployment insurance benefits, or
similar documentation.
(4) Emergency broadband benefit.--The term ``emergency
broadband benefit'' means a monthly discount for an eligible
household applied to the normal rate for an internet service
offering, in an amount equal to such rate, but not more than
$50, or, if an internet service offering is provided to an
eligible household on Tribal land, not more than $75.
(5) Emergency period.--The term ``emergency period'' means
a period that--
(A) begins on the date of a determination by the
Secretary of Health and Human Services pursuant to
section 319 of the Public Health Service Act (42 U.S.C.
247d) that a public health emergency exists as a result
of COVID-19; and
(B) ends on the date that is 6 months after the
date on which such determination (including any renewal
thereof) terminates, except as such period may be
extended under subsection (b)(4).
(6) Internet service offering.--The term ``internet service
offering'' means, with respect to a provider, broadband
internet access service provided by such provider to a
household, offered in the same manner, and on the same terms,
as described in any of such provider's advertisements for
broadband internet access service to such household, as on May
1, 2020.
(7) Normal rate.--The term ``normal rate'' means, with
respect to an internet service offering by a provider, the
advertised monthly retail rate, as of May 1, 2020, including
any applicable promotions and excluding any taxes or other
governmental fees.
(8) Provider.--The term ``provider'' means a provider of
broadband internet access service.
SEC. 130302. ENHANCED LIFELINE BENEFITS DURING EMERGENCY PERIODS.
(a) Enhanced Minimum Service Standards for Lifeline Benefits During
Emergency Periods.--During an emergency period--
(1) the minimum service standard for Lifeline supported
mobile voice service shall provide an unlimited number of
minutes per month;
(2) the minimum service standard for Lifeline supported
mobile data service shall provide an unlimited data allowance
each month and 4G speeds, where available; and
(3) the Basic Support Amount and Tribal Lands Support
Amount, as described in section 54.403 of title 47, Code of
Federal Regulations (or any successor regulation), shall be
increased by an amount necessary, as determined by the
Commission, to offset any incremental increase in cost
associated with the requirements in paragraphs (1) and (2).
(b) Extension of Emergency Period.--An emergency period may be
extended within a State or any portion thereof for a maximum of six
months, if the State, or in the case of Tribal land, a Tribal
government, 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 48 hours
after receiving such notice, post the notice on the public website of
the Commission.
(c) Regulations.--The Commission shall adopt, on an expedited
basis, any regulations needed to carry out this section.
(d) Emergency Period Defined.--In this section, the term
``emergency period'' means a period that--
(1) begins on the date of a determination by the Secretary
of Health and Human Services pursuant to section 319 of the
Public Health Service Act (42 U.S.C. 247d) that a public health
emergency exists as a result of COVID-19; and
(2) ends on the date that is 6 months after the date on
which such determination (including any renewal thereof)
terminates, except as such period may be extended under
subsection (b).
SEC. 130303. GRANTS TO STATES TO STRENGTHEN NATIONAL LIFELINE
ELIGIBILITY VERIFIER.
(a) In General.--From amounts appropriated under subsection (d),
the Commission shall, not later than 7 days after the date of the
enactment of this Act, make a grant to each State, in an amount in
proportion to the population of such State, for the purpose of
connecting the database used by such State for purposes of the
supplemental nutrition assistance program under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.) to the National Lifeline
Eligibility Verifier, so that the receipt by a household of benefits
under such program is reflected in the National Lifeline Eligibility
Verifier.
(b) Disbursement of Grant Funds.--Funds under each grant made under
subsection (a) shall be disbursed to the State receiving such grant not
later than 7 days after the date of the enactment of this Act.
(c) Certification to Congress.--Not later than 21 days after the
date of the enactment of this Act, the Commission shall certify to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate
that the grants required by subsection (a) have been made and that
funds have been disbursed as required by subsection (b).
(d) Authorization of Appropriations.--There is authorized to be
appropriated $200,000,000 to carry out this section for fiscal year
2020, to remain available through fiscal year 2021.
SEC. 130304. DEFINITIONS.
In this title:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) National lifeline eligibility verifier.--The term
``National Lifeline Eligibility Verifier'' has the meaning
given such term in section 54.400 of title 47, Code of Federal
Regulations (or any successor regulation).
(3) State.--The term ``State'' has the meaning given such
term in section 3 of the Communications Act of 1934 (47 U.S.C.
153).
TITLE IV--CONTINUED CONNECTIVITY
SEC. 130401. 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. 130501. 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.
TITLE VI--NATIONAL SUICIDE HOTLINE DESIGNATION
SEC. 130601. FINDINGS.
Congress finds the following:
(1) According to the American Foundation for Suicide
Prevention, on average, there are 129 suicides per day in the
United States.
(2) To prevent future suicides, it is critical to
transition the cumbersome, existing 10-digit National Suicide
Hotline to a universal, easy-to-remember, 3-digit phone number
and connect people in crisis with life-saving resources.
(3) It is essential that people in the United States have
access to a 3-digit national suicide hotline across all
geographic locations.
(4) The designated suicide hotline number will need to be
both familiar and recognizable to all people in the United
States.
SEC. 130602. UNIVERSAL TELEPHONE NUMBER FOR NATIONAL SUICIDE PREVENTION
AND MENTAL HEALTH CRISIS HOTLINE SYSTEM.
(a) In General.--Section 251(e) of the Communications Act of 1934
(47 U.S.C. 251(e)) is amended by adding at the end the following:
``(4) Universal telephone number for national suicide
prevention and mental health crisis hotline system.--9-8-8 is
designated as the universal telephone number within the United
States for the purpose of the national suicide prevention and
mental health crisis hotline system operating through the
National Suicide Prevention Lifeline maintained by the
Assistant Secretary for Mental Health and Substance Use under
section 520E-3 of the Public Health Service Act (42 U.S.C.
290bb-36c) and through the Veterans Crisis Line maintained by
the Secretary of Veterans Affairs under section 1720F(h) of
title 38, United States Code.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 1 year after the date of the enactment
of this Act.
(c) Required Report.--Not later than 180 days after the date of the
enactment of this Act, the Assistant Secretary for Mental Health and
Substance Use and the Secretary of Veterans Affairs shall jointly
submit a report that details the resources necessary to make the use of
9-8-8, as designated under paragraph (4) of section 251(e) of the
Communications Act of 1934 (47 U.S.C. 251(e)), as added by subsection
(a) of this section, operational and effective across the United States
to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Energy and Commerce of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
SEC. 130603. STATE AUTHORITY OVER FEES.
(a) Authority.--
(1) In general.--Nothing in this Act, any amendment made by
this Act, the Communications Act of 1934 (47 U.S.C. 151 et
seq.), or any Commission regulation or order may prevent the
imposition and collection of a fee or charge applicable to a
voice service specifically designated by a State, a political
subdivision of a State, an Indian Tribe, or a village or
regional corporation serving a region established pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.) for the support or implementation of 9-8-8 services, if
the fee or charge is held in a sequestered account to be
obligated or expended only in support of 9-8-8 services, or
enhancements of such services, as specified in the provision of
State or local law adopting the fee or charge.
(2) Use of 9-8-8 fees.--A fee or charge collected under
this subsection shall only be imposed, collected, and used to
pay expenses that a State, a political subdivision of a State,
an Indian Tribe, or a village or regional corporation serving a
region established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.) is expected to incur
that are reasonably attributable to--
(A) ensuring the efficient and effective routing of
calls made to the 9-8-8 national suicide prevention and
mental health crisis hotline to an appropriate crisis
center; or
(B) the provision of acute mental health, crisis
outreach, and stabilization services directly
responding to the 9-8-8 national suicide prevention and
mental health crisis hotline.
(b) Fee Accountability Report.--To ensure efficiency, transparency,
and accountability in the collection and expenditure of a fee or charge
for the support or implementation of 9-8-8 services, not later than 2
years after the date of the enactment of this Act, and annually
thereafter, the Commission shall submit to the Committees on Commerce,
Science, and Transportation and Appropriations of the Senate and the
Committees on Energy and Commerce and Appropriations of the House of
Representatives a report that--
(1) details the status in each State, political subdivision
of a State, Indian Tribe, or village or regional corporation
serving a region established pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.) of the
collection and distribution of such fees or charges, including
a detailed report about how those fees or charges are being
used to support 9-8-8 services; and
(2) includes findings on the amount of revenues obligated
or expended by each State, political subdivision of a State,
Indian Tribe, or village or regional corporation serving a
region established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.) for any purpose other
than the purpose for which any such fees or charges are
specified.
(c) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) State.--The term ``State'' has the meaning given that
term in section 7 of the Wireless Communications and Public
Safety Act of 1999 (47 U.S.C. 615b).
(3) Voice service.--The term ``voice service'' has the
meaning given that term in section 227(e)(8) of the
Communications Act of 1934 (47 U.S.C. 227(e)(8)).
SEC. 130604. LOCATION IDENTIFICATION REPORT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Federal Communications Commission shall
submit to the appropriate committees a report that examines the
feasibility and cost of including an automatic dispatchable location
that would be conveyed with a 9-8-8 call, regardless of the
technological platform used and including with calls from multi-line
telephone systems (as defined in section 6502 of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C. 1471)).
(b) Definitions.--In this section:
(1) Appropriate committees.--The term ``appropriate
committees'' means the following:
(A) The Committee on Commerce, Science, and
Transportation of the Senate.
(B) The Committee on Health, Education, Labor, and
Pensions of the Senate.
(C) The Committee on Energy and Commerce of the
House of Representatives.
(2) Dispatchable location.--The term ``dispatchable
location'' means the street address of the calling party and
additional information such as room number, floor number, or
similar information necessary to adequately identify the
location of the calling party.
SEC. 130605. REPORT ON CERTAIN TRAINING PROGRAMS.
(a) Sense of the Congress.--It is the sense of the Congress that--
(1) youth who are lesbian, gay, bisexual, transgender, or
queer (referred to in this section as ``LGBTQ'') are more than
4 times more likely to contemplate suicide than their peers;
(2) 1 in 5 LGBTQ youth and more than 1 in 3 transgender
youth report attempting suicide this past year; and
(3) the Substance Abuse and Mental Health Services
Administration must be equipped to provide specialized
resources to this at-risk community.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Assistant Secretary for Mental Health and
Substance Use shall submit to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Health, Education,
Labor, and Pensions of the Senate, and the Committee on Energy and
Commerce of the House of Representatives a report that--
(1) details a strategy, to be developed in consultation
with 1 or more organizations with expertise in suicide of LGBTQ
youth as well as 1 or more organizations with expertise in
suicide of other high risk populations, for the Substance Abuse
and Mental Health Services Administration to offer, support, or
provide technical assistance to training programs for National
Suicide Prevention Lifeline counselors to increase competency
in serving LGBTQ youth and other high risk populations; and
(2) includes recommendations regarding--
(A) the facilitation of access to services that are
provided to specially trained staff and partner
organizations for LGBTQ individuals and other high risk
populations; and
(B) a strategy for optimally implementing an
Integrated Voice Response, or other equally effective
mechanism, to allow National Suicide Prevention
Lifeline callers who are LGBTQ youth or members of
other high risk populations to access specialized
services.
TITLE VII--COVID-19 COMPASSION AND MARTHA WRIGHT PRISON PHONE JUSTICE
SEC. 130701. FINDINGS.
Congress finds the following:
(1) Prison, jails, and other confinement facilities in the
United States have unique telecommunications needs due to
safety and security concerns.
(2) Unjust and unreasonable charges for telephone and
advanced communications services in confinement facilities
negatively impact the safety and security of communities in the
United States by damaging relationships between incarcerated
persons and their support systems, thereby exacerbating
recidivism.
(3) The COVID-19 pandemic has greatly intensified these
concerns. Jails and prisons have become epicenters for the
spread of the virus, with incarcerated persons concentrated in
small, confined spaces and often without access to adequate
health care. At Cook County jail alone, hundreds of
incarcerated persons and jail staff have tested positive for
the virus since its outbreak.
(4) To prevent the spread of the virus, many jails and
prisons across the country suspended public visitation, leaving
confinement facility communications services as the only way
that incarcerated persons can stay in touch with their
families.
(5) All people in the United States, including anyone who
pays for confinement facility communications services, should
have access to communications services at charges that are just
and reasonable.
(6) Unemployment has risen sharply as a result of the
COVID-19 pandemic, straining the incomes of millions of
Americans and making it even more difficult for families of
incarcerated persons to pay the high costs of confinement
facility communications services.
(7) Certain markets for confinement facility communications
services are distorted due to reverse competition, in which the
financial interests of the entity making the buying decision
(the confinement facility) are aligned with the seller (the
provider of confinement facility communications services) and
not the consumer (the incarcerated person or a member of his or
her family). This reverse competition occurs because site
commission payments to the confinement facility from the
provider of confinement facility communications services are
the chief criterion many facilities use to select their
provider of confinement facility communications services.
(8) Charges for confinement facility communications
services that have been shown to be unjust and unreasonable are
often a result of site commission payments that far exceed the
costs incurred by the confinement facility in accommodating
these services.
(9) Unjust and unreasonable charges have been assessed for
both audio and video services and for both intrastate and
interstate communications from confinement facilities.
(10) Though Congress enacted emergency legislation to allow
free communications in Federal prisons during the pandemic, it
does not cover communications to or from anyone incarcerated in
State and local prisons or jails.
(11) Mrs. Martha Wright-Reed led a campaign for just
communications rates for incarcerated people for over a decade.
(12) Mrs. Wright-Reed was the lead plaintiff in Wright v.
Corrections Corporation of America, CA No. 00-293 (GK) (D.D.C.
2001).
(13) That case ultimately led to the Wright Petition at the
Federal Communications Commission, CC Docket No. 96-128
(November 3, 2003).
(14) As a grandmother, Mrs. Wright-Reed was forced to
choose between purchasing medication and communicating with her
incarcerated grandson.
(15) Mrs. Wright-Reed passed away on January 18, 2015,
before fully realizing her dream of just communications rates
for all people.
SEC. 130702. REQUIREMENTS FOR CONFINEMENT FACILITY COMMUNICATIONS
SERVICES, DURING THE COVID-19 PANDEMIC AND OTHER TIMES.
(a) In General.--Section 276 of the Communications Act of 1934 (47
U.S.C. 276) is amended by adding at the end the following:
``(e) Additional Requirements for Confinement Facility
Communications Services.--
``(1) Authority.--
``(A) In general.--All charges, practices,
classifications, and regulations for and in connection
with confinement facility communications services shall
be just and reasonable, and any such charge, practice,
classification, or regulation that is unjust or
unreasonable is declared to be unlawful.
``(B) Rulemaking required.--Not later than 18
months after the date of the enactment of this
subsection, the Commission shall issue rules to adopt,
for the provision of confinement facility
communications services, rates and ancillary service
charges that are just and reasonable, which shall be
the maximum such rates and charges that a provider of
confinement facility communications services may charge
for such services. In determining rates and charges
that are just and reasonable, the Commission shall
adopt such rates and charges based on the average
industry costs of providing such services using data
collected from providers of confinement facility
communications services.
``(C) Biennial review.--Not less frequently than
every 2 years following the issuance of rules under
subparagraph (B), the Commission shall--
``(i) determine whether the rates and
ancillary service charges authorized by the
rules issued under such subparagraph remain
just and reasonable; and
``(ii) if the Commission determines under
clause (i) that any such rate or charge does
not remain just and reasonable, revise such
rules so that such rate or charge is just and
reasonable.
``(2) Interim rate caps.--Until the Commission issues the
rules required by paragraph (1)(B), a provider of confinement
facility communications services may not charge a rate for any
voice service communication using confinement facility
communications services that exceeds the following:
``(A) For debit calling or prepaid calling, $0.04
per minute.
``(B) For collect calling, $0.05 per minute.
``(3) Assessment on per-minute basis.--Except as provided
in paragraph (4), a provider of confinement facility
communications services--
``(A) shall assess all charges for a communication
using such services on a per-minute basis for the
actual duration of the communication, measured from
communication acceptance to termination, rounded up to
the next full minute, except in the case of charges for
services that the confinement facility offers free of
charge or for amounts below the amounts permitted under
this subsection; and
``(B) may not charge a per-communication or per-
connection charge for a communication using such
services.
``(4) Ancillary service charges.--
``(A) General prohibition.--A provider of
confinement facility communications services may not
charge an ancillary service charge other than--
``(i) if the Commission has not yet issued
the rules required by paragraph (1)(B), a
charge listed in subparagraph (B) of this
paragraph; or
``(ii) a charge authorized by the rules
adopted by the Commission under paragraph (1).
``(B) Permitted charges and rates.--If the
Commission has not yet issued the rules required by
paragraph (1)(B), a provider of confinement facility
communications services may not charge a rate for an
ancillary service charge in excess of the following:
``(i) In the case of an automated payment
fee, 2.9 percent of the total charge on which
the fee is assessed.
``(ii) In the case of a fee for single-call
and related services, the exact transaction fee
charged by the third-party provider, with no
markup.
``(iii) In the case of a live agent fee,
$5.95 per use.
``(iv) In the case of a paper bill or
statement fee, $2 per use.
``(v) In the case of a third-party
financial transaction fee, the exact fee, with
no markup, charged by the third party for the
transaction.
``(5) Prohibition on site commissions.--A provider of
confinement facility communications services may not assess a
site commission.
``(6) Relationship to state law.--A State or political
subdivision of a State may not enforce any law, rule,
regulation, standard, or other provision having the force or
effect of law relating to confinement facility communications
services that allows for higher rates or other charges to be
assessed for such services than is permitted under any Federal
law or regulation relating to confinement facility
communications services.
``(7) Definitions.--In this subsection:
``(A) Ancillary service charge.--The term
`ancillary service charge' means any charge a consumer
may be assessed for the setting up or use of a
confinement facility communications service that is not
included in the per-minute charges assessed for
individual communications.
``(B) Automated payment fee.--The term `automated
payment fee' means a credit card payment, debit card
payment, or bill processing fee, including a fee for a
payment made by means of interactive voice response,
the internet, or a kiosk.
``(C) Collect calling.--The term `collect calling'
means an arrangement whereby a credit-qualified party
agrees to pay for charges associated with a
communication made to such party using confinement
facility communications services and originating from
within a confinement facility.
``(D) Confinement facility.--The term `confinement
facility'--
``(i) means a jail or a prison; and
``(ii) includes any juvenile, detention,
work release, or mental health facility that is
used primarily to hold individuals who are--
``(I) awaiting adjudication of
criminal charges or an immigration
matter; or
``(II) serving a sentence for a
criminal conviction.
``(E) Confinement facility communications
service.--The term `confinement facility communications
service' means a service that allows incarcerated
persons to make electronic communications (whether
intrastate, interstate, or international and whether
made using video, audio, or any other communicative
method, including advanced communications services) to
individuals outside the confinement facility, or to
individuals inside the confinement facility, where the
incarcerated person is being held, regardless of the
technology used to deliver the service.
``(F) Consumer.--The term `consumer' means the
party paying a provider of confinement facility
communications services.
``(G) Debit calling.--The term `debit calling'
means a presubscription or comparable service which
allows an incarcerated person, or someone acting on an
incarcerated person's behalf, to fund an account set up
through a provider that can be used to pay for
confinement facility communications services originated
by the incarcerated person.
``(H) Fee for single-call and related services.--
The term `fee for single-call and related services'
means a billing arrangement whereby communications made
by an incarcerated person using collect calling are
billed through a third party on a per-communication
basis, where the recipient does not have an account
with the provider of confinement facility
communications services.
``(I) Incarcerated person.--The term `incarcerated
person' means a person detained at a confinement
facility, regardless of the duration of the detention.
``(J) Jail.--The term `jail'--
``(i) means a facility of a law enforcement
agency of the Federal Government or of a State
or political subdivision of a State that is
used primarily to hold individuals who are--
``(I) awaiting adjudication of
criminal charges;
``(II) post-conviction and
committed to confinement for sentences
of one year or less; or
``(III) post-conviction and
awaiting transfer to another facility;
and
``(ii) includes--
``(I) city, county, or regional
facilities that have contracted with a
private company to manage day-to-day
operations;
``(II) privately-owned and operated
facilities primarily engaged in housing
city, county, or regional incarcerated
persons; and
``(III) facilities used to detain
individuals pursuant to a contract with
U.S. Immigration and Customs
Enforcement.
``(K) Live agent fee.--The term `live agent fee'
means a fee associated with the optional use of a live
operator to complete a confinement facility
communications service transaction.
``(L) Paper bill or statement fee.--The term `paper
bill or statement fee' means a fee associated with
providing a consumer an optional paper billing
statement.
``(M) Per-communication or per-connection charge.--
The term `per-communication or per-connection charge'
means a one-time fee charged to a consumer at the
initiation of a communication.
``(N) Prepaid calling.--The term `prepaid calling'
means a calling arrangement that allows a consumer to
pay in advance for a specified amount of confinement
facility communications services.
``(O) Prison.--The term `prison'--
``(i) means a facility operated by a State
or Federal agency that is used primarily to
confine individuals convicted of felonies and
sentenced to terms in excess of one year; and
``(ii) includes--
``(I) public and private facilities
that provide outsource housing to State
or Federal agencies such as State
Departments of Correction and the
Federal Bureau of Prisons; and
``(II) facilities that would
otherwise be jails but in which the
majority of incarcerated persons are
post-conviction or are committed to
confinement for sentences of longer
than one year.
``(P) Provider of confinement facility
communications services.--The term `provider of
confinement facility communications services' means any
communications service provider that provides
confinement facility communications services,
regardless of the technology used.
``(Q) Site commission.--The term `site commission'
means any monetary payment, in-kind payment, gift,
exchange of services or goods, fee, technology
allowance, or product that a provider of confinement
facility communications services or an affiliate of a
provider of confinement facility communications
services may pay, give, donate, or otherwise provide
to--
``(i) an entity that operates a confinement
facility;
``(ii) an entity with which the provider of
confinement facility communications services
enters into an agreement to provide confinement
facility communications services;
``(iii) a governmental agency that oversees
a confinement facility;
``(iv) the State or political subdivision
of a State where a confinement facility is
located; or
``(v) an agent or other representative of
an entity described in any of clauses (i)
through (iv).
``(R) Third-party financial transaction fee.--The
term `third-party financial transaction fee' means the
exact fee, with no markup, that a provider of
confinement facility communications services is charged
by a third party to transfer money or process a
financial transaction to facilitate the ability of a
consumer to make an account payment via a third party.
``(S) Voice service.--The term `voice service'--
``(i) means any service that is
interconnected with the public switched
telephone network and that furnishes voice
communications to an end user using resources
from the North American Numbering Plan or any
successor to the North American Numbering Plan
adopted by the Commission under section
251(e)(1); and
``(ii) includes--
``(I) transmissions from a
telephone facsimile machine, computer,
or other device to a telephone
facsimile machine; and
``(II) without limitation, any
service that enables real-time, two-way
voice communications, including any
service that requires internet
protocol-compatible customer premises
equipment (commonly known as `CPE') and
permits out-bound calling, whether or
not the service is one-way or two-way
voice over internet protocol.''.
(b) Conforming Amendment.--Section 276(d) of the Communications Act
of 1934 (47 U.S.C. 276(d)) is amended by striking ``inmate telephone
service in correctional institutions'' and inserting ``confinement
facility communications services (as defined in subsection (e)(7))''.
(c) Existing Contracts.--
(1) In general.--In the case of a contract that was entered
into and under which a provider of confinement facility
communications services was providing such services at a
confinement facility on or before the date of the enactment of
this Act--
(A) paragraphs (1) through (5) of subsection (e) of
section 276 of the Communications Act of 1934, as added
by subsection (a) of this section, shall apply to the
provision of confinement facility communications
services by such provider at such facility beginning on
the earlier of--
(i) the date that is 60 days after such
date of enactment; or
(ii) the date of the termination of the
contract; and
(B) the terms of such contract may not be extended
after such date of enactment, whether by exercise of an
option or otherwise.
(2) Definitions.--In this subsection, the terms
``confinement facility'', ``confinement facility communications
service'', and ``provider of confinement facility
communications services'' have the meanings given such terms in
paragraph (7) of subsection (e) of section 276 of the
Communications Act of 1934, as added by subsection (a) of this
section.
SEC. 130703. AUTHORITY.
Section 2(b) of the Communications Act of 1934 (47 U.S.C. 152(b))
is amended by inserting ``section 276,'' after ``227, inclusive,''.
TITLE VIII--HEALTHCARE BROADBAND EXPANSION DURING COVID-19
SEC. 130801. EXPANSION OF RURAL HEALTH CARE PROGRAM OF FCC IN RESPONSE
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 modifying the requirements in subpart G of part
54 of title 47, Code of Federal Regulations, in the following manner:
(1) A health care provider not located in a rural area
shall be treated as a rural health care provider for the
purposes of the Healthcare Connect Fund Program.
(2) The discount rate for an eligible expense through the
Healthcare Connect Fund Program (as described in section
54.611(a) of title 47, Code of Federal Regulations, or any
successor regulation) shall be increased to 85 percent in
funding years 2019, 2020, and 2021 for eligible equipment
purchased or eligible services rendered in such funding years
(including for eligible equipment, upfront payments, and multi-
year commitments without limitation).
(3) A temporary, mobile, or satellite health care delivery
site shall be treated as a health care provider or an eligible
site of a health care provider for purposes of determining
eligibility for the Healthcare Connect Fund Program or the
Telecommunications Program.
(4) The waiver of the application window specified in
section 54.621(a) of title 47, Code of Federal Regulations (or
any successor regulation), for funding year 2019.
(5) The adoption and implementation of a rolling
application process to allow a health care provider to apply
for funding.
(6) The following changes to certain bidding requirements:
(A) A waiver of any requirement under section
54.622 of title 47, Code of Federal Regulations (or any
successor regulation), for a health care provider
upgrading an existing supported service at a particular
location, effective as of the date of declaration of
the public health emergency pursuant to section 319 of
the Public Health Service Act (42 U.S.C. 247d) as a
result of confirmed cases of COVID-19, if the health
care provider maintains the same eligible service
provider to provide the upgraded service at such
location.
(B) Reduction of the 28-day waiting period
described in section 54.622(g) of title 47, Code of
Federal Regulations (or any successor regulation), to a
14-day waiting period.
(C) Modification of the requirements in section
54.622 of title 47, Code of Federal Regulations (or any
successor regulation), to--
(i) provide that bid evaluation criteria
may give additional consideration to the speed
with which an eligible service provider can
initiate service; and
(ii) encourage applicants to consider bids
from different providers to provide service to
different locations of such applicants, if
considering bids in this manner would expedite
the overall timeline for initiating or
expanding service to individual locations.
(7) Issuance of a decision on each application for funding
not later than 60 days after the date on which the application
is filed.
(8) Release of funding not later than 30 days after the
date on which an invoice is submitted with respect to an
application that is approved, applicable services have been
provided, and required invoices have been submitted as required
under program rules.
(b) Additional Changes to Rural Health Care Program.--
(1) Release of funding for outstanding funding requests.--
(A) In general.--The Commission shall ensure the
release of funding for all requests (outstanding as of
the date of the enactment of this Act) under the Rural
Health Care Program not later than 60 days after the
date of the enactment of this Act, except that for
outstanding funding requests that are subject to a
review of the applicable urban and rural rates, the
Commission shall ensure the release of interim funding
not later than 60 days after the date of the enactment
of this Act, disbursed at 65 percent of the funding
request, subject to a true-up following the completion
of such review.
(B) Limitation.--This paragraph shall not apply to
any party or successor-in-interest to any party to
which the Commission, during the period beginning on
the date that is 1 year before the date of the
enactment of this Act and ending on January 31, 2020,
has issued a Letter of Inquiry, Notice of Apparent
Liability, or Forfeiture Order relating to the party's
participation in the Rural Health Care Program,
pursuant to section 503(b) of the Communications Act of
1934 (47 U.S.C. 503(b)).
(C) Required repayment.--In the case of an eligible
service provider that receives funding through the
Rural Health Care Program pursuant to this paragraph to
which such provider is not entitled, the Commission
shall require such provider to repay such funds.
(2) Delay of implementation schedule.--The Commission
shall--
(A) delay by one year the implementation of
sections 54.604 and 54.605 of title 47, Code of Federal
Regulations (or any successor regulation), as adopted
in the Report and Order in the matter of Promoting
Telehealth in Rural America (FCC 19-78) that was
adopted by the Commission on August 1, 2019; and
(B) delay application of the new definition of
``similar services'' as described in paragraphs 14 to
20 of such Report and Order until the implementation of
such sections.
(c) Effective Date of Regulations.--The regulations required under
subsection (a) shall take effect on the date on which such regulations
are promulgated.
(d) Termination of Regulations.--Except to the extent that the
Commission determines that some or all of the regulations promulgated
under subsection (a) should remain in effect (excluding any regulation
promulgated under paragraph (1) of such subsection), such regulations
shall terminate on the later of--
(1) the earlier of--
(A) the date that is 60 days after the termination
of the declaration, or any renewal thereof, of the
public health emergency pursuant to section 319 of the
Public Health Service Act (42 U.S.C. 247d) as a result
of confirmed cases of COVID-19; and
(B) the date of the expiration of the appropriation
in subsection (f)(2); and
(2) the date that is 9 months after the date of the
enactment of this Act.
(e) Exemptions.--
(1) Notice and comment rulemaking requirements.--
Subsections (b), (c), and (d) of 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 Rural Health Care Connectivity Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the Emergency Rural
Health Care Connectivity Fund.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Emergency Rural Health Care
Connectivity Fund $2,000,000,000 for fiscal year 2020, to
remain available through fiscal year 2022.
(3) Use of funds.--Amounts in the Emergency Rural Health
Care Connectivity Fund shall be available to the Commission to
carry out the Rural Health Care Program, as modified by the
regulations promulgated under subsection (a).
(4) Relationship to universal service contributions.--
Support provided under the regulations required by paragraphs
(1) through (3) of subsection (a) shall be provided from
amounts made available under paragraph (3) of this subsection
and not from contributions under section 254(d) of the
Communications Act of 1934 (47 U.S.C. 254(d)). Such support
shall be in addition to, and not in replacement of, funds
authorized by the Commission for the Rural Health Care Program
as of the date of the enactment of this Act from contributions
under section 254(d) of the Communications Act of 1934 (47
U.S.C. 254(d)).
(g) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Eligible equipment.--The term ``eligible equipment''
means the equipment described in section 54.613 of title 47,
Code of Federal Regulations (or any successor regulation).
(3) Eligible service provider.--The term ``eligible service
provider'' means a provider described in section 54.608 of
title 47, Code of Federal Regulations (or any successor
regulation).
(4) Funding year.--The term ``funding year'' has the
meaning given such term in section 54.600(a) of title 47, Code
of Federal Regulations (or any successor regulation).
(5) Health care provider.--The term ``health care
provider'' has the meaning given such term in section 54.600(b)
of title 47, Code of Federal Regulations (or any successor
regulation).
(6) Healthcare connect fund program.--The term ``Healthcare
Connect Fund Program'' has the meaning given such term in
section 54.602(b) of title 47, Code of Federal Regulations (or
any successor regulation).
(7) Multi-year commitments.--The term ``multi-year
commitments'' means the commitments described in section
54.620(c) of title 47, Code of Federal Regulations (or any
successor regulation).
(8) Rural area.--The term ``rural area'' has the meaning
given such term in section 54.600(e) of title 47, Code of
Federal Regulations (or any successor regulation).
(9) Rural health care program.--The term ``Rural Health
Care Program'' means the program described in subpart G of part
54 of title 47, Code of Federal Regulations (or any successor
regulation).
(10) Rural health care provider.--The term ``rural health
care provider'' has the meaning given such term in section
54.600(f) of title 47, Code of Federal Regulations (or any
successor regulation).
(11) Telecommunications program.--The term
``Telecommunications Program'' has the meaning given such term
in section 54.602(a) of title 47, Code of Federal Regulations
(or any successor regulation).
(12) Upfront payments.--The term ``upfront payments'' means
the payments described in section 54.616 of title 47, Code of
Federal Regulations (or any successor regulation).
DIVISION N--GIVING RETIREMENT OPTIONS TO WORKERS ACT
SEC. 140001. SHORT TITLE.
This division may be cited as the ``Giving Retirement Options to
Workers Act of 2020'' or the ``GROW Act''.
SEC. 140002. 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. 140003. 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. 140004. 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. 140005. 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. 140006. 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 O--EDUCATION PROVISIONS AND OTHER PROGRAMS
TITLE I--HIGHER EDUCATION PROVISIONS
definitions
Sec. 150101.
In this title:
(1) Award year.--The term ``award year'' has the meaning
given the term in section 481(a) of the Higher Education Act of
1965 (20 U.S.C. 1088(a)).
(2) Authorizing committees.--The term ``authorizing
committees'' has the meaning given the term in section 103 of
the Higher Education Act of 1965 (20 U.S.C. 1003).
(3) FAFSA.--The term ``FAFSA'' means an application under
section 483 of the Higher Education Act of 1965 (20 U.S.C.
1090) for Federal student financial aid.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(5) Qualifying emergency.--The term ``qualifying
emergency'' has the meaning given the term in section 3502 of
the CARES Act (Public Law 116-136), as amended by this Act.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Education.
Subtitle A--CARES Act Amendments
application of waiver to participating nonprofit employers
Sec. 150102.
(a) In General.--Section 3503 of the CARES Act (Public Law 116-136)
is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Waiver of Non-federal Share Requirement for Nonprofit
Employers.--Notwithstanding any other provision of law, with respect to
funds made available for award years 2019-2020 and 2020-2021, the
Secretary shall waive any requirement that a nonprofit employer provide
a non-Federal share to match Federal funds provided to such nonprofit
employer under an agreement under section 443 of the Higher Education
Act of 1965 (20 U.S.C. 1087-53).''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the CARES Act (Public
Law 116-136).
extension of federal work-study during a qualifying emergency
Sec. 150103.
(a) In General.--Section 3505 of the CARES Act (Public Law 116-136)
is amended--
(1) in subsection (a)--
(A) by striking ``(not to exceed one academic
year)''; and
(B) by striking ``such academic year'' and
inserting ``such period''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``first'' before
``occurred''; and
(B) in paragraph (3), by striking ``for all or part
of such academic year''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the CARES Act (Public
Law 116-136).
continuing education at affected foreign institutions
Sec. 150104.
(a) In General.--Section 3510 of the CARES Act (Public Law 116-136)
is amended--
(1) in subsection (a), by striking ``national emergency
declared'' and inserting ``national emergency related to the
coronavirus declared'';
(2) in subsection (b), by striking ``qualifying emergency''
and inserting ``emergency or disaster affecting the institution
as described in subsection (a)'';
(3) in subsection (c), by striking ``qualifying emergency''
and inserting ``applicable emergency or disaster as described
in subsection (a)''; and
(4) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``for the duration of a
qualifying emergency and the following payment
period,'' and inserting ``with respect to a
foreign institution, in the case of a public
health emergency, major disaster or emergency,
or national emergency related to the
coronavirus declared by the applicable
government authorities in the country in which
the foreign institution is located, or in the
case of a qualifying emergency,''; and
(ii) by inserting ``, for the duration of
the applicable emergency or disaster and the
following payment period,'' after ``1087a et
seq.)''; and
(B) in paragraph (4)--
(i) by striking ``qualifying emergency''
and inserting ``applicable emergency or
disaster''; and
(ii) by striking the period at the end and
inserting ``, the name of the institution of
higher education located in the United States
that has entered into a written arrangement
with such foreign institution, and information
regarding the nature of such written
arrangement, including which coursework or
program requirements are accomplished at each
respective institution.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the CARES Act (Public
Law 116-136).
funding for hbcu capital financing
Sec. 150105.
(a) In General.--Section 3512(d) of the CARES Act (Public Law 116-
136) is amended by striking ``$62,000,000'' and inserting ``such sums
as may be necessary''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of the CARES Act (Public
Law 116-136).
waiver authority for institutional aid
Sec. 150106.
(a) In General.--Section 3517(a)(1)(D) of the CARES Act (Public Law
116-136) is amended by striking ``(b), (c), and (g)'' and inserting
``(b) and (c)''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of the CARES Act (Public
Law 116-136).
scope of modifications to required and allowable uses
Sec. 150107.
(a) Amendment to Include Minority Science and Engineering
Improvement Program.--Subsection (a) of section 3518 of the CARES Act
(Public Law 116-136) is amended--
(1) by striking ``part A or B of title III,'' and inserting
``part A, part B, or subpart 1 of part E of title III,''; and
(2) by inserting ``1067 et seq.;'' after ``1060 et seq.;''.
(b) Amendment to Clarify Scope of Authority.--Section 3518 of the
CARES Act (Public Law 116-136) is amended by adding at the end the
following new subsection:
``(d) Scope of Authority.--Notwithstanding subsection (a), the
Secretary may not modify the required or allowable uses of funds for
grants awarded under a statutory provision cited in subsection (a) in a
manner that deviates from the overall purpose of the grant program, as
provided in the general authorization, findings, or purpose of the
grant program under the applicable statutory provision cited in such
subsection.''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the CARES Act (Public Law
116-136).
Subtitle B--Financial Aid Access
emergency financial aid grants excluded from need analysis
Sec. 150108.
(a) Treatment of Emergency Financial Aid Grants for Need
Analysis.--Notwithstanding any provision of the Higher Education Act of
1965 (20 U.S.C. 1001 et seq.), emergency financial aid grants--
(1) shall not be included as income or assets (including
untaxed income and benefits under section 480(b) of the Higher
Education Act of 1965 (20 U.S.C. 1807vv(b))) in the computation
of expected family contribution for any program funded in whole
or in part under the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.); and
(2) shall not be treated as estimated financial assistance
for the purposes of section 471 or section 480(j) of the Higher
Education Act of 1965 (20 U.S.C. 1087kk; 1087vv(j)).
(b) Definition.--In this section, the term ``emergency financial
aid grant'' means--
(1) an emergency financial aid grant awarded by an
institution of higher education under section 3504 of the CARES
Act (Public Law 116-136);
(2) an emergency financial aid grant from an institution of
higher education made with funds made available under section
18004 of the CARES Act (Public Law 116-136); and
(3) any other emergency financial aid grant to a student
from a Federal agency, a State, an Indian tribe, an institution
of higher education, or a scholarship-granting organization
(including a tribal organization, as defined in section 4 of
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)) for the purpose of providing financial relief to
students enrolled at institutions of higher education in
response to a qualifying emergency.
facilitating access to financial aid for recently unemployed students
Sec. 150109.
(a) Treatment as Dislocated Worker.--
(1) In general.--Notwithstanding section 479(d)(1) of the
Higher Education Act of 1965 (20 U.S.C. 1087ss(d)(1)), any
individual who has applied for, or who is receiving,
unemployment benefits at the time of the submission of a FAFSA
for a covered award year shall be treated as a dislocated
worker for purposes of the need analysis under part F of title
IV such Act (20 U.S.C. 1087kk et seq.) applicable to such award
year.
(2) Information to applicants and institutions.--The
Secretary--
(A) in consultation with institutions of higher
education, shall carry out activities to inform
applicants for Federal student financial aid under the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.)--
(i) of the treatment of individuals who
have applied for, or who are receiving,
unemployment benefits as dislocated workers
under paragraph (1); and
(ii) of the availability of means-tested
Federal benefits for which such applicants may
be eligible;
(B) shall carry out activities to inform
institutions of higher education of the authority of
such institutions, with explicit written consent of an
applicant for Federal student financial aid under the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.),
to provide information collected from such applicant's
FAFSA to an organization assisting the applicant in
applying for and receiving Federal, State, local, or
tribal assistance in accordance with section 312 of the
Department of Defense and Labor, Health and Human
Services, and Education Appropriations Act, 2019 and
Continuing Appropriations Act, 2019 (Public Law 115-
245); and
(C) in consultation with the Secretary of Labor,
shall carry out activities to inform applicants for,
and recipients of, unemployment benefits of the
availability of Federal student financial aid under the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.)
and the treatment of such applicants and recipients as
dislocated workers under paragraph (1).
(3) Implementation.--The Secretary shall implement this
subsection not later than 30 days after the date of enactment
of this Act.
(4) Applicability.--Paragraph (1) shall apply with respect
to a FAFSA submitted on or after the earlier of--
(A) the date on which the Secretary implements this
subsection under paragraph (3); or
(B) the date that is 30 days after the date of
enactment of this Act.
(b) Professional Judgment of Financial Aid Administrators.--The
guidance of the Secretary titled ``Update on the use of `Professional
Judgment' by Financial Aid Administrators'' (DCL ID: GEN-09-05), as in
effect on May 8, 2009, shall apply--
(1) to the exercise of professional judgement by financial
aid administrators pursuant to section 479A of the Higher
Education Act of 1965 (20 U.S.C. 1087tt) with respect to any
FAFSA for a covered award year; and
(2) to the selection of institutions for program reviews
pursuant to section 498A of the Higher Education Act of 1965
(20 U.S.C. 1099c-1) for a covered award year.
(c) Definitions.--In this section:
(1) Covered award year.--The term ``covered award year''
means--
(A) an award year during which there is a
qualifying emergency; and
(B) the first award year beginning after the end of
such qualifying emergency.
(2) Means-tested federal benefit.--The term ``means-tested
Federal benefit'' includes the following:
(A) The supplemental security income program under
title XVI of the Social Security Act (42 U.S.C. 1381 et
seq.).
(B) The supplemental nutrition assistance program
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.).
(C) The free and reduced price school lunch program
established under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.).
(D) The program of block grants for States for
temporary assistance for needy families established
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.).
(E) The special supplemental nutrition program for
women, infants, and children established by section 17
of the Child Nutrition Act of 1966 (42 U.S.C. 1786).
(F) The Medicaid program under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.).
(G) The tax credits provided under the following
sections of the Internal Revenue Code of 1986 (title
26, United States Code):
(i) Section 25A (relating to American
Opportunity and Lifetime Learning credits).
(ii) Section 32 (relating to earned
income).
(iii) Section 36B (relating to refundable
credit for coverage under a qualified health
plan).
(iv) Section 6428 (relating to 2020
recovery rebates for individuals).
(H) Federal housing assistance programs, including
tenant-based assistance under section 8(o) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(o)),
and public housing, as defined in section 3(b)(1) of
such Act (42 U.S.C. 1437a(b)(1)).
(I) Such other Federal means-tested benefits as may
be identified by the Secretary.
student eligibility for higher education emergency relief fund and
other higher education funds
Sec. 150110.
(a) In General.--With respect to student eligibility for receipt of
funds provided under section 18004 of the CARES Act (Public Law 116-
136) and under title VI of division A of this Act--
(1) the Secretary is prohibited from imposing any
restriction on, or defining, the populations of students who
may receive such funds other than a restriction based solely on
the student's enrollment at the institution of higher
education; and
(2) section 401(a) the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(a)) shall
not apply.
(b) Effective Date.--Subsection (a) shall take effect as if
included in the enactment of the CARES Act (Public Law 116-136), and an
institution of higher education that provided funds to a student before
the date of enactment of this Act shall not be penalized if such
provision is consistent with such subsection and section 18004 of the
CARES Act (Public Law 116-136).
definition of distance education
Sec. 150111.
(a) In General.--Except as otherwise provided in title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), for purposes of
such title, the term ``distance education'' means education that uses
technology--
(1) to deliver instruction to students enrolled at an
institution of higher education who are separated from the
instructor or instructors; and
(2) to support regular and substantive interaction between
the students and the instructor or instructors, either
synchronously or asynchronously.
(b) Technology.--For purposes of subsection (a), the technologies
that may be used to offer distance education include--
(1) the internet;
(2) one-way and two-way transmissions through open
broadcast, closed circuit, cable, microwave, broadband lines,
fiber optics, satellite, or wireless communications devices;
(3) audio conferencing; and
(4) other media used in a course in conjunction with any of
the technologies listed in paragraphs (1) through (3).
(c) Instructor.--For purposes of subsection (a), an instructor is
an individual responsible for delivering course content and who meets
the qualifications for instruction established by the institution of
higher education's accrediting agency.
(d) Substantive Interaction.--For purposes of subsection (a),
substantive interaction is engaging students in teaching, learning, and
assessment, consistent with the content under discussion, and also
includes at least two of the following:
(1) Providing direct instruction.
(2) Assessing or providing feedback on a student's
coursework.
(3) Providing information or responding to questions about
the content of a course or competency.
(4) Facilitating a group discussion regarding the content
of a course or competency.
(5) Other instructional activities approved by the
institution of higher education's or program's accrediting
agency.
(e) Regular Interaction.--For purposes of subsection (a), an
institution ensures regular interaction between a student and an
instructor or instructors by, prior to the student's completion of a
course or competency--
(1) providing the opportunity for substantive interactions
with the student on a predictable and regular basis
commensurate with the length of time and the amount of content
in the course or competency; and
(2) monitoring the student's academic engagement and
success and ensuring that an instructor is responsible for
promptly and proactively engaging in substantive interaction
with the student when needed, on the basis of such monitoring,
or upon request by the student.
(f) Effective Date.--This section shall be effective for any
semester (or the equivalent) that begins on or after August 15, 2020,
and shall cease to be effective at the end of the 2020-2021 award year.
institutional stabilization program
Sec. 150112.
(a) Authority to Participate.--Notwithstanding paragraph (1) or (2)
of section 498(c) of the Higher Education Act of 1965 (20 U.S.C.
1099c(c)), an eligible institution described in subsection (b) may, in
lieu of submitting a letter of credit in accordance with section
498(c)(3)(A) of such Act, submit an application under subsection (c)(1)
to enter into a COVID-19 provisional program participation agreement in
accordance with subsection (d) to provide the Secretary with
satisfactory evidence of its financial responsibility.
(b) Eligible Institution Described.--An eligible institution
described in this subsection is a private nonprofit institution of
higher education that--
(1) either--
(A) has a composite score of less than 1.0 for the
institutional fiscal year ending in 2019, as determined
under section 668.171(b)(1) of title 34, Code of
Federal Regulations; or
(B) on the date of an application under subsection
(c)(1), has (or anticipates having) a composite score
of less than 1.0 for the institutional fiscal year
ending in 2020, as determined under section
668.171(b)(1) of title 34, Code of Federal Regulations;
(2) during award year 2018-2019--
(A) offered on-campus classes; and
(B) qualified for participation in a program under
title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.); and
(3) on the date of the application under subsection (c)(1),
has a liquidity level of less than or equal to 180 days.
(c) Application.--
(1) In general.--An eligible institution desiring to enter
into a COVID-19 provisional program participation agreement
under subsection (d), shall, not later than December 31, 2020,
submit to the Secretary an application that includes--
(A) the estimated liquidity level of the eligible
institution on the date of the application and an
assurance that such liquidity level will be attested to
in accordance with paragraph (2);
(B) an assurance that such eligible institution
will submit a record-management plan in accordance with
paragraph (3); and
(C) an assurance that such eligible institution
will submit a teach-out plan in accordance with
paragraph (4); and
(D) an assurance that such eligible institution
will submit reports on teach-out agreements and
sufficient progress made on such agreements in
accordance with subsection (d)(3), as applicable.
(2) Auditor attestation.--Not later than 60 days after
submitting an application under paragraph (1), an eligible
institution shall submit to the Secretary an auditor
attestation of the liquidity level of such eligible institution
on the date such institution submitted such application
pursuant to an audit conducted by a qualified independent
organization or person in accordance with standards established
by the American Institute of Certified Public Accountants.
(3) Record-management plan.--
(A) In general.--Not later than 60 days after
submitting an application under paragraph (1), an
eligible institution shall submit to the Secretary a
record-management plan approved by the accrediting
agency of such eligible institution that includes--
(i) a plan for the custody, including by
the State authorizing agency, and the
disposition of--
(I) a teach-out plan and teach-out
agreement records, as applicable; and
(II) student records, including
student transcripts, billing, and
financial aid records;
(ii) an estimate of the costs necessary to
carry out such record-management plan; and
(iii) a financial plan to provide funding
for such costs.
(B) Assurance.--An eligible institution that
submits a record-management plan under subparagraph (A)
shall include an assurance to the Secretary that, in
the case of the closure of such eligible institution,
such eligible institution--
(i) will release all financial holds placed
on student records; and
(ii) for the 3-year period beginning on the
date of the closure of such eligible
institution, will not require a student
enrolled in such eligible institution on the
date of such closure (and students withdrawn
from such eligible institution in the 120 days
prior to such date) who requests the student
records of such student to purchase such
records or otherwise charge such student a fee
with respect to such records.
(C) Report.--Not later than 60 days after
submitting an application under paragraph (1), an
eligible institution shall submit the record-management
plan required under subparagraph (A) and the assurance
under subparagraph (B) to the accrediting agency and
State authorizing agency of such eligible institution.
(4) Teach-out plan.--Not later than 60 days after
submitting an application under paragraph (1), an eligible
institution shall submit a teach-out plan approved by the
accrediting agency of such eligible institution to the
Secretary and the State authorizing agency of such eligible
institution.
(5) Letter of credit during pending application.--
Notwithstanding section 498(c)(3)(A) of the Higher Education
Act of 1965 (20 U.S.C. 1099c(c)(3)(A)), the Secretary may not
use the composite score of an eligible institution (as
determined under section 668.171(b)(1) of title 34, Code of
Federal Regulations) to require the eligible institution to
submit a new letter of credit or increase the value of an
existing letter of credit while the institution has an
application pending under paragraph (1).
(6) Notification of application and status.--The eligible
institution shall notify the accrediting agency and State
authorizing agency of such institution--
(A) that the institution has submitted an
application under paragraph (1) to the Secretary not
later than 10 days after submitting such application;
and
(B) of the final acceptance or denial of such
application not later than 5 days after receiving a
final decision from the Secretary.
(7) Application decision.--The Secretary shall accept or
deny an application under paragraph (1) not later than 10 days
after the date on which an eligible institution completes all
of the submission requirements under paragraphs (2), (3), and
(4).
(d) COVID-19 Provisional Program Participation Agreement.--
(1) Authority to enter agreement.--The Secretary may enter
into a COVID-19 provisional program participation agreement
under this subsection with an eligible institution that submits
an application under subsection (c)(1) on or before December
31, 2020, only if the Secretary has received--
(A) an auditor attestation under subsection (c)(2)
that such eligible institution has a liquidity level of
less than or equal to 180 days on the date of the
application of such eligible institution under
subsection (c)(1);
(B) a record-management plan with respect to such
eligible institution in accordance with subsection
(c)(3); and
(C) a teach-out plan with respect to such eligible
institution in accordance with subsection (c)(4).
(2) Participation requirements.--In entering into a COVID-
19 provisional program participation agreement with an eligible
institution under this subsection, the Secretary shall require
such eligible institution--
(A) if such eligible institution has a liquidity
level of less than or equal to 90 days on the date of
the application of such eligible institution under
subsection (c)(1), to submit a teach-out agreement (or
teach-out agreements, as applicable) to the Secretary
and to the accrediting agency and State authorizing
agency of the institution in accordance with paragraph
(3);
(B) to report to the Secretary in accordance with
paragraph (4);
(C) to meet the administrative capacity
requirements under section 498(d) of the Higher
Education Act of 1965 (20 U.S.C. 1099c(d)); and
(D) to meet the cash reserves requirements under
section 498(c)(6)(A) of the Higher Education Act of
1965 (20 U.S.C. 1099c(c)(6)(A)).
(3) Teach-out agreements.--
(A) Sufficient progress.--Not later than 30 days
after the date on which an eligible institution
described in paragraph (2)(A) enters into a COVID-19
provisional program participation agreement under this
subsection, such eligible institution shall submit to
the Secretary an interim teach-out agreement that
provides for the equitable treatment of at least 75
percent of enrolled students and a reasonable
opportunity for such students to complete their program
of study.
(B) Addendum reports.--Not later than 15 days after
the date on which an eligible institution submits an
interim teach-out agreement in accordance with
subparagraph (A), and every 15 days thereafter, such
eligible institution shall submit to the Secretary a
report that includes--
(i) the percentage of students enrolled in
such eligible institution that are covered by a
teach-out agreement;
(ii) the increase in the percentage of
students covered by such an agreement, as
compared to the most recently submitted report;
and
(iii) such other information as the
Secretary or accrediting agency of the eligible
institution may require, including the progress
of such eligible institution in meeting any
benchmarks set by such accrediting agency
related to the percentage of students that
should be covered by such an agreement.
(C) Teach-out agreement required.--On the date
agreed to by the eligible institution, the accrediting
agency of such eligible institution, and the Secretary
under a COVID-19 provisional program participation
agreement under this subsection, such eligible
institution shall submit to the Secretary and to the
accrediting agency and State authorizing agency of the
institution a teach-out agreement (or agreements, as
applicable) that--
(i) provides for the equitable treatment of
all enrolled students and a reasonable
opportunity for such students to complete their
program of study;
(ii) includes--
(I) a list of all students enrolled
in such eligible institution on the
date such eligible institution
submitted an application under
subsection (c)(1) (and students
withdrawn from such eligible
institution in the 120 days prior to
such date), including the name, contact
information, program of study, program
requirements completed, and estimated
date of program completion of each such
student;
(II) the amount of any unearned
tuition, account balances, student
fees, and refunds due to each such
student;
(III) a plan to notify each such
student, in the case of the closure of
such eligible institution, of--
(aa) the process for
obtaining a closed school
discharge under section
437(c)(1) of the Higher
Education Act of 1965 (20
U.S.C. 1087(c)(1)), using
standard language developed by
the Secretary under subsection
(f), and the benefits and
consequences of such discharge;
(bb) if applicable,
information on institutional
and State refund policies;
(cc) the teach-out
institution or institutions
available to enroll such
student;
(dd) the tuition and fees
of the educational program
offered by each such teach-out
institution and the number and
types of credit each such
teach-out institution will
accept prior to the enrollment
of such student; and
(ee) the record-management
plan submitted in accordance
with subsection (c)(3).
(D) Decrease in liquidity.--In the case of an
eligible institution that enters into a COVID-19
provisional program participation agreement under this
subsection and has a liquidity level of greater than 90
days on the date of the application of such eligible
institution under subsection (c)(1), if the Secretary
determines such eligible institution has declined such
that the liquidity level of such eligible institution
is consistently less than or equal to 90 days, the
Secretary may require such eligible institution to
submit a teach-out agreement (or agreements, as
applicable) to the Secretary in accordance with
subparagraph (C).
(4) Reporting requirements.--
(A) Eligible institutions with a liquidity level of
less than or equal to 90 days.--In the case of an
eligible institution described in paragraph (2)(A), the
Secretary shall require such eligible institution to
report to the Secretary the liquidity level and total
student enrollment of such eligible institution not
less than once every 15 days, until such eligible
institution closes or no longer participates in a
COVID-19 provisional program participation agreement
under this subsection.
(B) Eligible institutions with a liquidity level of
greater than 90 days.--In the case of an eligible
institution that enters into a COVID-19 provisional
program participation agreement under this subsection
and has a liquidity level of greater than 90 days on
the date of the application of such eligible
institution under subsection (c)(1), the Secretary
shall require such eligible institution to report to
the Secretary the liquidity level and total student
enrollment of such eligible institution not less than
once every 30 days, until such eligible institution
closes or no longer participates in a COVID-19
provisional program participation agreement under this
subsection.
(C) All eligible institutions.--All eligible
institutions that enter into a COVID-19 provisional
program participation agreement under this subsection
shall comply with the reporting requirements under
paragraph (2) of section 668.175(d) of title 34, Code
of Federal Regulations (as such paragraph is in effect
on the date of enactment of this section).
(5) Letter of credit during agreement.--The Secretary may
not require an eligible institution that enters into a COVID-19
provisional program participation agreement under this
subsection to submit a new letter of credit or increase the
value of an existing letter of credit for the duration of the
agreement.
(6) Duration of agreement.--A COVID-19 provisional program
participation agreement under this subsection may only be
entered into for a period less than or equal to the period--
(A) beginning on the first date of the agreement;
and
(B) ending on the last day of the first full award
year that begins after the date described in
subparagraph (A).
(7) Renewal.--
(A) In general.--A COVID-19 provisional program
participation agreement under this subsection may be
renewed for 1 award year subsequent to the award year
described in paragraph (6)(B), and shall expire no
later than June 30, 2022.
(B) Authority to extend renewal period.--
Notwithstanding subparagraph (A), if the Secretary
determines that an extension of renewal authority is in
the best interest of the eligible institutions with a
COVID-19 provisional program participation agreement
under this subsection, the Secretary may permit COVID-
19 provisional program participation agreement under
this subsection to be renewed, on an annual basis, for
not more than 3 total consecutive award years
subsequent to the award year described in paragraph
(6)(B), provided that no agreement under this
subsection shall expire later than June 30, 2024.
(C) Recalculation of liquidity.--An eligible
institution desiring to renew a COVID-19 provisional
program participation agreement shall--
(i) submit to the Secretary the liquidity
level of the institution on the last day of the
most recent fiscal year of the eligible
institution, to be used for purposes of such an
agreement; and
(ii) not later than 60 days after
submitting such liquidity level under clause
(i), have such liquidity level attested to in
accordance with subsection (c)(2).
(8) Discontinuation of agreement.--The participation of an
eligible institution in a COVID-19 provisional program
participation agreement under this subsection--
(A) may be discontinued at any time at the request
of the eligible institution;
(B) shall be discontinued by the Secretary if such
eligible institution receives a composite score of 1.0
or greater for the most recent institutional fiscal
year, as determined under section 668.171(b)(1) of
title 34, Code of Federal Regulations; and
(C) shall have no affect on the eligibility of the
institution to participate in a program participation
agreement under section 487(a) of the Higher Education
Act of 1965 (20 U.S.C. 1094) after the COVID-19
provisional program participation agreement under this
subsection has expired or been discontinued.
(9) Grants to participating institutions.--From the amounts
authorized to be available, subject to appropriation, under
subsection (j), the Secretary may award a grant to an eligible
institution that enters into a COVID-19 provisional program
participation agreement under this subsection to carry out the
requirements of such agreement and provide for the increased
economic stability of such eligible institution.
(10) Regulatory authority.--Except as otherwise provided in
this subsection, the Secretary shall have the same authority
with respect to a COVID-19 provisional program participation
agreement under this subsection as the Secretary has with
respect to a program participation agreement under
subparagraphs (B), (F), and (G) of section 487(c)(1) (20 U.S.C.
1099(c)(1)).
(e) Participation in Title IV Program.--An eligible institution
that enters into a COVID-19 provisional program participation agreement
under subsection (d) may participate in programs under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) only if such
eligible institution submits to the Secretary (and the accrediting
agency of such eligible institution, as applicable) the agreements and
reports applicable to such eligible institution under paragraphs (3)
and (4) of subsection (d).
(f) Standard Language.--Not later than 30 days after the date of
the enactment of this section, the Secretary shall publish standard
language relating to closed school discharges for purposes of
subsection (d)(3)(C)(ii)(III)(aa).
(g) Reports to Congress.--Not later than 90 days after the date of
the enactment of this section and every 90 days thereafter until the
date on which every COVID-19 provisional program participation
agreement under this subsection has expired or been terminated, or
until June 30, 2024, whichever is earlier, the Secretary shall submit
to the authorizing committees a report that includes a summary of each
COVID-19 provisional program participation agreement entered into or
renewed in the preceding 90 days by the Secretary under this section,
including the name, total student enrollment, and liquidity level of
the institution.
(h) Automatic Closed School Discharge.--
(1) Automatic discharge required.--With respect to a
borrower described in paragraph (2), the Secretary shall,
without any further action by the borrower, discharge the
liability of the borrower with respect to each of the
borrower's loans (including the interest and collection fees)
described in paragraph (2)(A) in accordance with this
subsection.
(2) Borrower requirements.--A borrower described in this
subparagraph is a borrower who--
(A) was enrolled for a period of enrollment at an
eligible institution that was participating in a COVID-
19 provisional program participation agreement under
subsection (d), and--
(i) was unable to complete such period of
enrollment due to the closure of the
institution; or
(ii) withdrew from the eligible
institution--
(I) not more than 120 days before
the closure of the eligible
institution; or
(II) if the Secretary determines an
extension of the 120-day period
described in subclause (I) is necessary
due to exceptional circumstances
related to the closure of the
institution, during the extended period
determined by the Secretary;
(B) has one or more loans--
(i) made under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.)
for a program of study at the eligible
institution described in subparagraph (A); and
(ii) that have not been discharged by the
Secretary pursuant to section 437(c)(1) or
section 464(g)(1) of the Higher Education Act
of 1965 (20 U.S.C. 1087(c)(1); 1087dd(g)(1));
and
(C) during the 3-year period beginning on the date
of the closure of the eligible institution described in
subparagraph (A), has not enrolled in any institution
of higher education that participates in a program
under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.).
(3) Report.--Beginning on the date that is 3 years after
the date of enactment of this Act and every 180 days
thereafter, the Secretary shall report to the authorizing
committees the number of loans discharged in accordance with
this subsection, and any amounts recovered by the Secretary in
accordance with the authority of the Secretary to pursue claims
under section 437(c)(1) or section 464(g)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1087(c)(1); 1087dd(g)(1)).
(i) Definitions.--In this section:
(1) Liquidity level.--The term ``liquidity level'' means,
with respect to an eligible institution, the number of days
such eligible institution can operate based on available
resources, as determined in accordance with the Financial
Accounting Standards Board update entitled ``No. 2016-14 Not-
for-Profit Entities (Topic 958)'' and dated August, 2016.
(2) Teach-out agreement.--The term ``teach-out agreement''
means a written agreement between an eligible institution and
one or more teach-out institutions that is in accordance with
the requirements in section 496(c)(6) of the Higher Education
Act of 1965 (20 U.S.C. 1099b(c)(6)) and that provides for the
equitable treatment of students and a reasonable opportunity
for students to complete their program of study if such
eligible institution, or an institutional location that
provides 100 percent of at least one program offered by such
eligible institution, ceases to operate or plans to cease
operations before all such enrolled students have completed
their program of study.
(3) Teach-out institution.--The term ``teach-out
institution'' means an institution of higher education that--
(A) is not subject to a COVID-19 provisional
program participation agreement under this section;
(B) shows no evidence of significant problems
(including financial responsibility or administrative
capability) that affect, as determined by the
Secretary, the institution's ability to administer a
program under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.);
(C) is not required to pay any material debt, as
determined by the Secretary, or incur any material
liability, as determined by the Secretary, arising from
a judgment in a judicial proceeding, an administrative
proceeding or determination, or settlement;
(D) is not involved in a lawsuit by a Federal or
State authority for financial relief on claims related
to the making of loans under part D of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1087a et seq.);
(E) has the necessary experience, resources, and
capacity, including support services, to enroll
students and provide an educational program of
acceptable quality that is reasonably similar in
content and delivery, and to the extent practicable,
scheduling, to that provided by the eligible
institution that enters into an agreement with such
teach-out institution; and
(F) during the five most recent award years, has
not been subject to a denial, withdrawal, suspension,
or termination of accreditation by an accrediting
agency or association recognized by the Secretary.
(4) Teach-out plan.--The term ``teach-out plan'' means a
written plan developed by an eligible institution that provides
for the equitable treatment of students if such eligible
institution, or an institutional location that provides 100
percent of at least one program offered by the eligible
institution, ceases to operate or plans to cease operations
before all enrolled students have completed their program of
study.
(j) Authorization of Appropriations.--There is authorized to be
appropriated $300,000,000 to carry out subsection (d)(9).
Subtitle C--Federal Student Loan Relief
PART A--TEMPORARY RELIEF FOR FEDERAL STUDENT BORROWERS UNDER THE CARES
ACT
expanding loan relief to all federal student loan borrowers
Sec. 150113.
Section 3502(a) of division A of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136) is amended--
(1) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) Federal student loan.--The term `Federal student
loan' means a loan--
``(A) made under part D, part B, or part E of title
IV of the Higher Education Act of 1965 (20 U.S.C. 1070
et seq.), and held by the Department of Education;
``(B) made, insured, or guaranteed under part B of
such title, or made under part E of such title, and not
held by the Department of Education; or
``(C) made under--
``(i) subpart II of part A of title VII of
the Public Health Service Act (42 U.S.C. 292q
et seq.); or
``(ii) part E of title VIII of the Public
Health Service Act (42 U.S.C. 297a et seq.).''.
extending the length of borrower relief due to the coronavirus
emergency
Sec. 150114.
Section 3513 of division A of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Suspension of Payments.--
``(1) In general.--During the period beginning on March 13,
2020, and ending on September 30, 2021, the Secretary or, as
applicable, the Secretary of Health and Human Services, shall
suspend all payments due on Federal student loans.
``(2) Transition period.--For one additional 30-day period
beginning on the day after the last day of the suspension
period described in subsection (a), the Secretary or, as
applicable, the Secretary of Health and Human Services, shall
ensure that any missed payments on a Federal student loan by a
borrower during such additional 30-day period--
``(A) do not result in collection fees or penalties
associated with late payments; and
``(B) are not reported to any consumer reporting
agency or otherwise impact the borrower's credit
history.
``(3) Payment refund in lieu of retroactive
applicability.--
``(A) In general.--By not later than 60 days after
the date of enactment of the HEROES Act, the Secretary
or, as applicable, the Secretary of Health and Human
Services, shall, for each Federal student loan defined
in subparagraph (B) or (C) of section 3502(a)(2)--
``(i) determine the amount of principal due
on such loan (or that would have been due in
the absence of being voluntarily paid by the
holder of such loan) during the period
beginning March 13, 2020, and ending on such
date of enactment; and
``(ii) refund the amount of principal
calculated under subparagraph (A), by--
``(I) paying the holder of the loan
the amount of the principal calculated
under subparagraph (A), to be applied
to the loan balance for the borrower of
such loan; or
``(II) if there is no outstanding
balance or payment due on the loan as
of the date on which the refund is to
be provided, providing a payment in the
amount of the principal calculated
under subparagraph (A) directly to the
borrower.
``(B) Principal.--In this paragraph, the term
`principal' includes any late charges or fees.
``(4) Recertification.--A borrower who is repaying a
Federal student loan pursuant to in an income-contingent
repayment plan under section 455(d)(1)(D) of the Higher
Education Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) or an income-
based repayment plan under section 493C of such Act (20 U.S.C.
1098e) shall not be required to recertify the income or family
size of the borrower under such plan prior to December 31,
2021.'';
(2) in subsection (c), by striking ``part D or B of title
IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et
seq.; 1071 et seq.)'' and inserting ``part B, D, or E of title
IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et
seq.; 1071 et seq.; 1087aa et seq.)'';
(3) in subsection (d), by striking ``During the period in
which the Secretary suspends payments on a loan under
subsection (a), the Secretary'' and inserting ``During the
period in which payments on a Federal student loan are
suspended under subsection (a), the Secretary or, as
applicable, the Secretary of Health and Human Services'';
(4) in subsection (e), by striking ``During the period in
which the Secretary suspends payments on a loan under
subsection (a), the Secretary'' and inserting ``During the
period in which payments on a Federal student loan are
suspended under subsection (a), the Secretary or, as
applicable, the Secretary of Health and Human Services''; and
(5) in subsection (f), by striking ``the Secretary'' and
inserting ``the Secretary or, as applicable, the Secretary of
Health and Human Services,''.''
no interest accrual
Sec. 150115.
Section 3513(b) of division A of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136) is amended to read as
follows:
``(b) Providing Interest Relief.--
``(1) No accrual of interest.--
``(A) In general.--During the period described in
subparagraph (D), interest on a Federal student loan
shall not accrue or shall be paid by the Secretary (or
the Secretary of Health and Human Services) during--
``(i) the repayment period of such loan;
``(ii) any period excluded from the
repayment period of such loan (including any
period of deferment or forbearance);
``(iii) any period in which the borrower of
such loan is in a grace period; or
``(iv) any period in which the borrower of
such loan is in default on such loan.
``(B) Direct loans and department of education held
ffel and perkins loans.--For purposes of subparagraph
(A), interest shall not accrue on a Federal student
loan described in section 3502(a)(2)(A).
``(C) FFEL and perkins loans not held by the
department of education and hhs loans.--For purposes of
subparagraph (A)--
``(i) in the case of a Federal student loan
defined in section 3502(a)(2)(B), the Secretary
shall pay, on a monthly basis, the amount of
interest due on the unpaid principal of such
loan to the holder of such loan, except that
any payments made under this clause shall not
affect payment calculations under section 438
of the Higher Education Act of 1965 (20 U.S.C.
1087-1); and
``(ii) in the case of a Federal student
loan defined in section 3502(a)(2)(C), the
Secretary of Health and Human Services shall
pay, on a monthly basis, the amount of interest
due on the unpaid principal of such loan to the
holder of such loan.
``(D) Period described.--
``(i) In general.--The period described in
this clause is the period beginning on March
13, 2020, and ending on the later of--
``(I) September 30, 2021; or
``(II) the day following the date
of enactment of the HEROES Act that is
2 months after the national U-5 measure
of labor underutilization shows initial
signs of recovery.
``(ii) Definitions.--In this subparagraph:
``(I) National u-5 measure of labor
underutilization.--The term `national
U-5 measure of labor underutilization'
means the seasonally-adjusted, monthly
U-5 measure of labor underutilization
published by the Bureau of Labor
Statistics.
``(II) Initial signs of recovery.--
The term `initial signs of recovery'
means that the average national U-5
measure of labor underutilization for
months in the most recent 3-
consecutive-month period for which data
are available--
``(aa) is lower than the
highest value of the average
national U-5 measure of labor
underutilization for a 3-
consecutive-month period during
the period beginning in March
2020 and the most recent month
for which data from the Bureau
of Labor Statistics are
available by an amount that is
equal to or greater than one-
third of the difference
between--
``(AA) the highest
value of the average
national U-5 measure of
labor underutilization
for a 3-consecutive-
month period during
such period; and
``(BB) the value of
the average national U-
5 measure of labor
underutilization for
the 3-consecutive-month
period ending in
February 2020; and
``(bb) has decreased for
each month during the most
recent 2 consecutive months for
which data from the Bureau of
Labor Statistics are available.
``(E) Other definitions.--In this paragraph:
``(i) Default.--The term `default'--
``(I) in the case of a Federal
student loan made, insured, or
guaranteed under part B or D of the
Higher Education Act of 1965, has the
meaning given such term in section
435(l) of the Higher Education Act of
1965 (20 U.S.C. 1085);
``(II) in the case of a Federal
student loan made under part E of the
Higher Education Act of 1965, has the
meaning given such term in section
674.2 of title 34, Code of Federal
Regulations (or successor regulations);
or
``(III) in the case of a Federal
student loan defined in section
3502(a)(2)(C), has the meaning given
such term in section 721 or 835 of the
Public Health Service Act (42 U.S.C.
292q, 297a), as applicable.
``(ii) Grace period.--The term `grace
period' means--
``(I) in the case of a Federal
student loan made, insured, or
guaranteed under part B or D of the
Higher Education Act of 1965, the 6-
month period after the date the student
ceases to carry at least one-half the
normal full-time academic workload, as
described in section 428(b)(7) of the
Higher Education Act of 1965 (20 U.S.C.
1078(b)(7));
``(II) in the case of a Federal
student loan made under part E of the
Higher Education Act of 1965, the 9-
month period after the date on which a
student ceases to carry at least one-
half the normal full-time academic
workload, as described in section
464(c)(1)(A) of the Higher Education
Act of 1965 (20 U.S.C.
1087dd(c)(1)(A)); and
``(III) in the case of a Federal
student loan defined in section
3502(a)(2)(C), the 1-year period
described in section 722(c) of the
Public Health Service Act (42 U.S.C.
292r(c)) or the 9-month period
described in section 836(b)(2) of such
Act (42 U.S.C. 297b(b)(2)), as
applicable.
``(iii) Repayment period.--The term
`repayment period' means--
``(I) in the case of a Federal
student loan made, insured, or
guaranteed under part B or D of the
Higher Education Act of 1965, the
repayment period described in section
428(b)(7) of the Higher Education Act
of 1965 (20 U.S.C. 1078(b)(7));
``(II) in the case of a Federal
student loan made under part E of the
Higher Education Act of 1965, the
repayment period described in section
464(c)(4) of the Higher Education Act
of 1965 (20 U.S.C. 1087dd(c)(4)); or
``(III) in the case of a Federal
student loan defined in section
3502(2)(C), the repayment period
described in section 722(c) or
836(b)(2) of the Public Health Service
Act (42 U.S.C. 292r(c), 297b(b)(2)), as
applicable.
``(2) Interest refund in lieu of retroactive
applicability.--By not later than 60 days after the date of
enactment of the HEROES Act, the Secretary or, as applicable,
the Secretary of Health and Human Services, shall, for each
Federal student loan defined in subparagraph (B) or (C) of
section 3502(a)(2)--
``(A) determine the amount of interest due (or that
would have been due in the absence of being voluntarily
paid by the holder of such loan) on such loan during
the period beginning March 13, 2020, and ending on such
date of enactment; and
``(B) refund the amount of interest calculated
under clause (i), by--
``(i) paying the holder of the loan the
amount of the interest calculated under
subparagraph (A), to be applied to the loan
balance for the borrower of such loan; or
``(ii) if there is no outstanding balance
or payment due on the loan as of the date on
which the refund is to be provided, providing a
payment in the amount of the interest
calculated under clause (i) directly to the
borrower.
``(3) Suspension of interest capitalization.--
``(A) In general.--With respect to any Federal
student loan, interest that accrued but had not been
paid prior to March 13, 2020, and had not been
capitalized as of such date, shall not be capitalized.
``(B) Transition.--The Secretary or, as applicable,
the Secretary of Health and Human Services, shall
ensure that any interest on a Federal student loan that
had been capitalized in violation of subparagraph (A)
is corrected and the balance of principal and interest
due for the Federal student loan is adjusted
accordingly.''.
notice to borrowers
Sec. 150116.
Section 3513(g) of division A of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136) is amended--
(1) in the matter preceding paragraph (1), by striking
``the Secretary'' and inserting ``the Secretary or, as
applicable, the Secretary of Health and Human Services,'';
(2) in paragraph (1)(D), by striking the period and
inserting a semicolon;
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``August 1, 2020'' and inserting ``August 1,
2021''; and
(B) by amending subparagraph (B) to read as
follows:
``(B) that--
``(i) a borrower of a Federal student loan
made, insured, or guaranteed under part B or D
of title IV of the Higher Education Act of 1965
may be eligible to enroll in an income-
contingent repayment plan under section
455(d)(1)(D) of the Higher Education Act of
1965 (20 U.S.C. 1087e(d)(1)(D)) or an income-
based repayment plan under section 493C of such
Act (20 U.S.C. 1098e), including a brief
description of such repayment plans; and
``(ii) in the case of a borrower of a
Federal student loan defined in section
3502(a)(2)(C) or made under part E of title IV
of the Higher Education of 1965, the borrower
may be eligible to enroll in such a repayment
plan if the borrower consolidates such loan
with a loan described in clause (i) of this
subparagraph, and receives a Federal Direct
Consolidation Loan under part D of the Higher
Education of 1965 (20 U.S.C. 1087a et seq.);
and''; and
(C) by adding at the end the following:
``(3) in a case in which the accrual of interest on Federal
student loans is suspended under subsection (b)(1) beyond
September 30, 2021, during the 2-month period beginning on the
date on which the national U-5 measure of labor
underutilization shows initial signs of recovery (as such terms
are defined in subsection (b)(1)(D)) carry out a program to
provide not less than 6 notices by postal mail, telephone, or
electronic communication to borrowers--
``(A) indicating when the interest on Federal
student loans of the borrower will resume accrual and
capitalization; and
``(B) the information described in paragraph
(2)(B).''.
writing down balances for federal student loan borrowers
Sec. 150117.
Section 3513 of division A of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136), as amended by this part, is
further amended by adding at the end the following:
``(h) Writing Down Balances for Federal Student Loan Borrowers.--
``(1) In general.--Not later than 30 days after the date of
enactment of the HEROES Act, the Secretary shall cancel or
repay an amount on the outstanding balance due (including the
unpaid principal amount, any accrued interest, and any fees or
charges) on the Federal student loans defined in subparagraphs
(A) and (B) of section 3502(a)(2) of a borrower that is equal
to the lesser of--
``(A) $10,000; or
``(B) the total outstanding balance due on such
loans of the borrower.
``(2) Application.--Unless otherwise requested by the
borrower in writing, a cancellation or repayment under
paragraph (1) shall be applied --
``(A) in the case of a borrower whose loans have
different applicable rates of interest, first toward
the outstanding balance due on the loan with the
highest applicable rate of interest among such loans;
and
``(B) in the case of a borrower of loans that have
the same applicable rates of interest, first toward the
outstanding balance of principal due on the loan with
the highest principal balance among such loans.
``(3) Data to implement.--Contractors of the Secretary, and
holders of Federal student loans, shall report, to the
satisfaction of the Secretary the information necessary to
carry out this subsection.
``(4) Taxation.--For purposes of the Internal Revenue Code
of 1986, in the case of any cancellation or repayment of
indebtedness under this subsection with respect to any
borrower:
``(A) Exclusion from gross income.--No amount shall
be included in the gross income of such borrower by
reason of such cancellation or repayment.
``(B) Waiver of information reporting
requirements.--Amounts excluded from gross income under
subparagraph (A) shall not be required to be reported
(and shall not be taken into account in determining
whether any reporting requirement applies) under
chapter 61 of such Code.''.
implementation
Sec. 150118.
Section 3513 of division A of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136), as amended by this part, is
further amended by adding at the end the following:
``(i) Implementation.--
``(1) Information verification.--
``(A) In general.--To facilitate implementation of
this section, information for the purposes described in
subparagraph (B), shall be reported--
``(i) by the holders of Federal student
loans defined in section 3502(a)(2)(B) to the
satisfaction of the Secretary; and
``(ii) by the holders of Federal student
loans defined in section 3502(a)(2)(C) to the
satisfaction of the Secretary of Health and
Human Services.
``(B) Purposes.--The purposes of the information
reported under subparagraph (A) are to--
``(i) verify, at the borrower level, the
payments that are provided or suspended under
this section; and
``(ii) calculate the amount of any interest
due to the holder for reimbursement of interest
under subsection (b).
``(2) Coordination.--The Secretary shall coordinate with
the Secretary of Health and Human Services to carry out the
provisions of this section with respect to Federal student
loans defined in section 3502(a)(2)(C).''.
effective date
Sec. 150119.
This part, and the amendments made by this part, shall take effect
as if enacted as part of the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116-136).
PART B--CONSOLIDATION LOANS AND PUBLIC SERVICE LOAN FORGIVENESS
special rules relating to federal direct consolidation loans
Sec. 150120.
(a) Special Rules Relating to Federal Direct Consolidation Loans
and PSLF.--
(1) Public service loan forgiveness option on consolidation
application.--
(A) In general.--During the period described in
subsection (e), the Secretary shall--
(i) include, in any application for a
Federal Direct Consolidation Loan under part D
of title IV of the Higher Education Act of 1965
(20 U.S.C. 1087a et seq,), an option for the
borrower to indicate that the borrower intends
to participate in the public service loan
forgiveness program under section 455(m) of
such Act (20 U.S.C. 1087e(m)); and
(ii) for each borrower who submits an
application for a Federal Direct Consolidation
Loan, without regard to whether the borrower
indicates the intention described in clause
(i)--
(I) request that the borrower
submit a certification of employment;
and
(II) after receiving a complete
certification of employment--
(aa) carry out the
requirements of paragraph (2);
and
(bb) inform the borrower of
the number of qualifying
monthly payments made on the
component loans before
consolidation that shall be
deemed, in accordance with
paragraph (2)(D), to be
qualifying monthly payments
made on the Federal Direct
Consolidation Loan.
(B) Hold harmless.--The Secretary may not change or
otherwise rescind a calculation made under paragraph
(2)(D) after informing the borrower of the results of
such calculation under subparagraph (A)(ii)(II)(bb).
(2) Process to determine qualifying payments for purposes
of pslf.--Upon receipt of a complete certification of
employment under paragraph (1)(A)(ii)(II) of a borrower who
receives a Federal Direct Consolidation Loan described in
paragraph (1)(A), the Secretary shall--
(A) review the borrower's payment history to
identify each component loan of such Federal Direct
Consolidation Loan;
(B) for each such component loan--
(i) calculate the weighted factor of the
component loan, which shall be the factor that
represents the portion of such Federal Direct
Consolidation Loan that is attributable to such
component loan; and
(ii) determine the number of qualifying
monthly payments made on such component loan
before consolidation;
(C) calculate the number of qualifying monthly
payments determined under subparagraph (B)(ii) with
respect to a component loan that shall be deemed as
qualifying monthly payments made on the Federal Direct
Consolidation Loan by multiplying--
(i) the weighted factor of such component
loan as determined under subparagraph (B)(i),
by
(ii) the number of qualifying monthly
payments made on such component loan as
determined under subparagraph (B)(ii); and
(D) calculate the total number of qualifying
monthly payments with respect to the component loans of
the Federal Direct Consolidation Loan that shall be
deemed as qualifying monthly payments made on such
Federal Direct Consolidation Loan by--
(i) adding together the result of each
calculation made under subparagraph (C) with
respect to each such component loan; and
(ii) rounding the number determined under
clause (i) to the nearest whole number.
(3) Definitions.--For purposes of this subsection:
(A) Certification of employment.--The term
``certification of employment'', used with respect to a
borrower, means a certification of the employment of
the borrower in a public service job (as defined in
section 455(m)(3)(B) of the Higher Education Act of
1965) on or after October 1, 2007.
(B) Component loan.--The term ``component loan'',
used with respect to a Federal Direct Consolidation
Loan, means each loan for which the liability has been
discharged by the proceeds of the Federal Direct
Consolidation Loan, which--
(i) may include a loan that is not an
eligible Federal Direct Loan (as defined in
section 455(m)(3)(A) of the Higher Education
Act of 1965); and
(ii) in the case of a subsequent
consolidation loan, only includes loans for
which the liability has been directly
discharged by such subsequent consolidation
loan.
(C) Federal direct consolidation loan.--The term
``Federal Direct Consolidation Loan'' means a Federal
Direct Consolidation Loan made under part D of title IV
of the Higher Education Act of 1965 (20 U.S.C. 1087a et
seq.).
(D) Qualifying monthly payment.--
(i) Component loan.--The term ``qualifying
monthly payment'', used with respect to a
component loan, means a monthly payment on such
loan made by a borrower, during a period of
employment in a public service job (as defined
in section 455(m)(3)(B) of the Higher Education
Act of 1965 (20 U.S.C. 1087e(m)(3)(B)) on or
after October 1, 2007, pursuant to--
(I) a repayment plan under part B,
D, or E of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1071
et seq.; 1087a et seq.; 1087aa et
seq.); or
(II) in the case of a loan made
under subpart II of part A of title VII
of the Public Health Service Act or
under part E of title VIII of the
Public Health Service Act, a repayment
plan under title VII or VIII of such
Act.
(ii) Federal direct consolidation loan.--
The term ``qualifying monthly payment'', used
with respect to a Federal Direct Consolidation
Loan, means a monthly payment on such loan that
counts as 1 of the 120 monthly payments
described in section 455(m)(1)(A) of the Higher
Education Act of 1965 (20 U.S.C.
1087e(m)(3)(B)).
(b) Special Rules Relating to Federal Direct Consolidation Loans
and ICR and IBR.--
(1) In general.--During the period described in subsection
(e), with respect to a borrower who receives a Federal Direct
Consolidation Loan and who intends to repay such loan under an
income-contingent repayment plan under section 455(d)(1)(D) of
the Higher Education Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) or
an income-based repayment plan under section 493C of such Act
(20 U.S.C. 1098e), the Secretary shall--
(A) review the borrower's payment history to
identify each component loan of such Federal Direct
Consolidation Loan;
(B) for each such component loan--
(i) calculate the weighted factor of the
component loan, which shall be the factor that
represents the portion of such Federal Direct
Consolidation Loan that is attributable to such
component loan; and
(ii) determine the number of qualifying
monthly payments made on such component loan
before consolidation;
(C) calculate the number of qualifying monthly
payments determined under subparagraph (B)(ii) with
respect to a component loan that shall be deemed as
qualifying monthly payments made on the Federal Direct
Consolidation Loan by multiplying--
(i) the weighted factor of such component
loan as determined under subparagraph (B)(i),
by
(ii) the number of qualifying monthly
payments made on such component loan as
determined under subparagraph (B)(ii); and
(D) calculate and inform the borrower of the total
number of qualifying monthly payments with respect to
the component loans of the Federal Direct Consolidation
Loan that shall be deemed as qualifying monthly
payments made on such Federal Direct Consolidation Loan
by--
(i) adding together the result of each
calculation made under subparagraph (C) with
respect to each such component loan; and
(ii) rounding the number determined under
clause (i) to the nearest whole number.
(2) Hold harmless.--The Secretary may not change or
otherwise rescind a calculation made under paragraph (1)(D)
after informing the borrower of the results of such calculation
under such paragraph.
(3) Definitions.--In this subsection:
(A) Component loan; federal direct consolidation
loan.--The terms ``component loan'' and ``Federal
Direct Consolidation Loan'' have the meanings given the
terms in subsection (a).
(B) Qualifying payment.--
(i) Component loans.--Subject to clause
(ii), the term ``qualifying monthly payment'',
used with respect to a component loan, means a
monthly payment on such loan made by a borrower
pursuant to--
(I) a repayment plan under part B,
D, or E of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1071
et seq., 1087a et seq., 1087aa et
seq.); or
(II) in the case of a loan made
under subpart II of part A of title VII
of the Public Health Service Act (42
U.S.C. 292q et seq.) or under part E of
title VIII of the Public Health Service
Act (42 U.S.C. 297a et seq.), a
repayment plan under title VII or VIII
of such Act.
(ii) Clarification.--
(I) ICR.--For purposes of
determining the number of qualifying
monthly payments made on a component
loan pursuant to an income-contingent
repayment plan under section
455(d)(1)(D) of the Higher Education
Act of 1965 (20 U.S.C. 1087e(d)(1)(D)),
each month a borrower is determined to
meet the requirements of section
455(e)(7)(B)(i) of such Act with
respect to such loan shall be treated
as such a qualifying monthly payment.
(II) IBR.--For purposes of
determining the number of qualifying
monthly payments made on a component
loan pursuant to an income-based
repayment plan under section 493C of
such Act (20 U.S.C. 1098e), each month
a borrower was determined to meet the
requirements of subsection (b)(7)(B) of
such section 493C with respect to such
loan shall be treated as such a
qualifying monthly payment.
(iii) Federal direct consolidation loans.--
The term ``qualifying monthly payment'', used
with respect to a Federal Direct Consolidation
Loan, means a monthly payment on such loan that
counts as a monthly payment under an income-
contingent repayment plan under section
455(d)(1)(D) of the Higher Education Act of
1965 (20 U.S.C. 1087e(d)(1)(D)), or an income-
based repayment plan under section 493C of the
Higher Education Act of 1965 (20 U.S.C. 1098e).
(c) Notification to Borrowers.--
(1) In general.--During the period described in subsection
(e), the Secretary and the Secretary of Health and Human
Services shall undertake a campaign to alert borrowers of a
loan described in paragraph (2)--
(A) on the benefits of consolidating such loans
into a Federal Direct Consolidation Loan, including the
benefits of the special rules under subsections (a) and
(b) of this section; and
(B) under which servicers and holders of Federal
student loans shall provide to borrowers such consumer
information, and in such manner, as determined
appropriate by the Secretaries, based on conducting
consumer testing to determine how to make the
information as meaningful to borrowers as possible.
(2) Federal student loans.--A loan described in this
paragraph is--
(A) a loan made under subpart II of part A of title
VII of the Public Health Service Act or under part E of
title VIII of such Act; or
(B) a loan made under part E of the Higher
Education Act of 1965.
(d) Special Rule for Interest on Federal Direct Consolidation
Loans.--Any Federal Direct Consolidation Loan for which the application
is received during the period described in subsection (e), shall bear
interest at an annual rate as calculated under section 455(b)(8)(D) of
the Higher Education Act of 1965 (20 U.S.C. 1087e(b)(8)(D)), without
regard to the requirement to round the weighted average of the interest
rate to the nearest higher one-eighth of one percent.
(e) Period.--The period described in this clause is the period
beginning on the date of enactment of this Act, and ending on the later
of--
(1) September 30, 2021; or
(2) the day following the date of enactment of this Act
that is 2 months after the national U-5 measure of labor
underutilization shows initial signs of recovery (as such terms
are defined in section 3513(b) of the Coronavirus Aid, Relief,
and Economic Security Act (Public Law 116-136), as amended by
this Act)).
(f) GAO Study on Implementation of Special Rules on
Consolidation.--Not later than 6 months after the date of enactment of
this Act, the Comptroller General of the United States shall submit a
report to the authorizing committees (defined in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003) on the implementation of
this section, which shall include--
(1) information on borrowers who apply for or receive a
Federal Direct Consolidation Loan under part D of the Higher
Education Act of 1965 during the period described in subsection
(e), disaggregated--
(A) by borrowers who intend to participate in the
public service loan forgiveness program under section
455(m) of such Act (20 U.S.C. 1087e(m)); and
(B) by borrowers who intend to repay such loans on
an income-contingent repayment plan under section
455(d)(1)(D) of the Higher Education Act of 1965 (20
U.S.C. 1087e(d)(1)(D)) or an income-based repayment
plan under section 493C of such Act (20 U.S.C. 1098e);
(2) the extent to which the Secretary has established
procedures for carrying out subsections (a) and (b);
(3) the extent to which the Secretary and the Secretary of
Health and Human Services have carried out the notification to
borrowers required under subsection (c); and
(4) recommendations on improving the implementation of this
section to ensure increased borrower participation.
treatment of pslf
Sec. 150121.
(a) Exception for Purposes of PSLF Loan Forgiveness.--Section
455(m)(1)(B) of the Higher Education Act of 1965 (20 U.S.C.
1087e(m)(1)(B)) shall apply as if clause (i) were struck.
(b) Health Care Practitioner.--In section 455(m)(3)(B)(i) of the
Higher Education Act of 1965 (20 U.S.C. 1087e(m)(3)(B)(i)), the term
``full-time professionals engaged in health care practitioner
occupations'' includes an individual who--
(1) has a full-time job as a health care practitioner;
(2) provides medical services in such full-time job at a
nonprofit hospital or public hospital or other nonprofit or
public health care facility; and
(3) is prohibited by State law from being employed directly
by such hospital or other health care facility.
PART C--EMERGENCY RELIEF FOR DEFRAUDED BORROWERS
emergency relief for defrauded borrowers
Sec. 150122.
(a) Emergency Relief.--An eligible borrower shall be entitled to
relief on an eligible loan pursuant to this section.
(b) Definitions.--In this section:
(1) Eligible borrower.--The term ``eligible borrower''
means an individual--
(A) who--
(i) borrowed an eligible loan to finance
the cost of enrollment at an institution of
higher education that, according to findings by
the Department of Education made on or before
the date of enactment of this Act, made a false
or misleading representation with the respect
to the job placement rates of such institution
of higher education; and
(ii) has not received the relief described
in subsection (c)(1) on such eligible loan; or
(B) who--
(i) borrowed an eligible loan to finance
the cost of enrollment at an institution of
higher education that, according to findings by
the Department of Education made on or before
the date of enactment of this Act, made a false
or misleading representation with respect to
guaranteed employment or transferability of
credits of such institution of higher
education;
(ii) in an application to the Secretary for
a defense to repayment of such eligible loan,
has asserted that the borrower (or the
dependent student on whose behalf the eligible
borrowed such eligible loan) relied on such
false or misleading representation in deciding
to enroll in such institution of higher
education; and
(iii) has not received the relief described
in subsection (c)(1) on such eligible loan.
(2) Eligible loan.--The term ``eligible loan'' means a loan
made, insured, or guaranteed under part B or D of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.; 1087a
et seq.).
(c) Relief.--With respect to each eligible borrower, the Secretary
shall--
(1) not later than 45 days after the date of enactment of
this Act, with respect to each eligible loan of the borrower
described in subsection (b)(1)--
(A) cancel or repay the full balance of interest
and principal (including fees and charges) due on such
loan; and
(B) return to the borrower an amount equal to the
total amount of payments (including voluntary and
involuntary payments) made on the loan by the borrower;
(2) not later than 60 days after the date of enactment of
this section, report the cancellation or repayment under
paragraph (1)(A) of each eligible loan to each consumer
reporting agency to which the Secretary previously reported the
status of the loan, so as to delete all adverse credit history
assigned to the loan; and
(3) not later than 60 days after the date of enactment of
this Act, no longer consider a borrower who has defaulted on a
loan cancelled or repaid under this subsection to be in default
on such loan.
(d) Notification.--Not later than 30 days after the date of
enactment of this section, the Secretary shall notify (in writing) each
eligible borrower of--
(1) the relief to which the borrower is entitled pursuant
to subsection (c), and when the borrower will receive such
relief;
(2) the borrower's eligibility to receive assistance under
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.) after receiving relief pursuant to subsection (c); and
(3) any further relief to such borrower as the Secretary
determines is appropriate.
(e) Expedient Adjudication of State Attorney General Claims
Relating to Defense to Repayment of a Loan.--
(1) In general.--The Secretary shall carry out the
requirements of paragraph (2) with respect to each claim
submitted to the Secretary on or before the date of enactment
of this Act by a State attorney general on behalf of one or
more individuals who--
(A) allege that the individual borrowed an eligible
loan to finance the cost of enrollment at an
institution of higher education whose act or omission
the individual may assert as a defense to repayment on
such loan under the Higher Education Act of 1965 (20
U.S.C. 1001 et seq.) or under applicable State law; and
(B) has not received the relief described in
paragraph (2)(B) on such eligible loan.
(2) Requirements.--The Secretary shall carry out the
following with respect to each claim described in paragraph
(1):
(A) Not later than 180 days after the date of
enactment of this Act, adjudicate each such claim.
(B) For each claim for which the State attorney
general proves the facts described in paragraph (1) by
a preponderance of the evidence, with respect to each
individual on whose behalf the claim was submitted,
provide the following:
(i) Not later than 45 days after the date
on which such claim is adjudicated, with
respect to each eligible loan described in
paragraph (1) of the individual--
(I) cancel or repay the full
balance of interest and principal
(including fees and charges) due on
such loan; and
(II) return to the borrower an
amount equal to the total amount of
payments (including voluntary and
involuntary payments) made on the loan
by the borrower.
(ii) Not later than 60 days after the date
on which such claim is adjudicated, report the
cancellation or repayment under clause (i) of
each eligible loan to each consumer reporting
agency to which the Secretary previously
reported the status of the loan, so as to
delete all adverse credit history assigned to
the loan.
(iii) Not later than 60 days after the date
on which such claim is adjudicated, no longer
consider a borrower who has defaulted on a loan
cancelled or repaid under this subparagraph to
be in default on such loan.
(C) Not later than 10 days after the date of
adjudication under subparagraph (A), with respect to
each claim submitted on behalf of not less than 20
individuals, provide detailed reports to the
authorizing committees, which shall include--
(i) any evidence submitted by the State
attorney general, which the Secretary relied
upon in adjudicating the claim;
(ii) any evidence submitted by the State
attorney general, which the Secretary did not
rely upon in adjudicating the claim;
(iii) any other evidence the Secretary
relied upon in adjudicating the claim;
(iv) a summary of all efforts to coordinate
with the State attorney general to ensure a
fair adjudication; and
(v) a detailed legal rationale for the
Secretary's adjudication.
(D) For the duration of the adjudication of each
claim--
(i) suspend any payments owed on any
eligible loan that is the subject of such
claim, including a suspension of any
capitalization of interest;
(ii) suspend any involuntary collections on
such loan, including collections under--
(I) a wage garnishment authorized
under section 488A of the Higher
Education Act of 1965 (20 U.S.C. 1095a)
or section 3720D of title 31, United
States Code;
(II) a reduction of tax refund by
amount of debt authorized under section
3720A of title 31, United States Code,
or section 6402(d) of the Internal
Revenue Code of 1986;
(III) 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 (42 U.S.C. 301 et seq.) or
any other provision described in
subsection (c)(3)(A)(i) of such
section); or
(IV) any other involuntary
collection activity by the Secretary;
and
(iii) suspend any interest accrual on such
loan.
(E) Not later than 10 days after the date of
adjudication for which relief is provided under
subparagraph (B), notify (in writing) each individual
with respect to whom relief is provided of--
(i) the relief to which the individual is
entitled pursuant to subparagraph (B), and when
the individual will receive such relief;
(ii) the individual's eligibility to
receive assistance under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.)
after receiving relief pursuant to subparagraph
(B); and
(iii) any further relief to such borrower
as the Secretary determines is appropriate.
(f) Institutional Accountability.--With respect to each loan
cancelled or repaid under this section, the Secretary shall initiate an
appropriate proceeding to require the institution of higher education
whose act or omission resulted in such cancellation or repayment to
repay to the Secretary the amount so cancelled or repaid.
(g) Taxation.--For purposes of the Internal Revenue Code of 1986,
in the case of any relief provided under subsection (c)(1) or (e)(2)(B)
with respect to a borrower:
(1) Exclusion from gross income; no recapture of tax
benefits.--No amount shall be included in the gross income of
such borrower by reason of such relief and section 111(b) such
Code shall not apply with respect to such relief.
(2) Waiver of information reporting requirements.--Amounts
excluded from gross income under paragraph (1) shall not be
required to be reported (and shall not be taken into account in
determining whether any reporting requirement applies) under
chapter 61 of such Code.
Subtitle D--Notifications and Reporting
notifications and reporting relating to higher education
Sec. 150123.
(a) Notification of Non-CARES Act Flexibilities.--
(1) Notice to congress.--
(A) In general.--Not later than two days before the
date on which the Secretary grants a flexibility
described in paragraph (4), the Secretary shall--
(i) submit to the authorizing committees a
written notification of the Secretary's intent
to grant such flexibility; and
(ii) publish the notification on a publicly
accessible website of the Department of
Education.
(B) Elements.--Each notification under subparagraph
(A) shall--
(i) identify the provision of law,
regulation, or subregulatory guidance to which
the flexibility will apply;
(ii) identify any limitations on the
flexibility, including any time limits;
(iii) identify the statutory authority
under which the flexibility is provided;
(iv) identify the class of covered entities
to which the flexibility will apply;
(v) identify whether a covered entity will
need to request the flexibility or whether the
flexibility will be applied without request;
(vi) in the case of a flexibility that
requires a covered entity to request the
flexibility, identify the factors the Secretary
will consider in approving or denying the
flexibility;
(vii) explain how the flexibility is
expected to benefit the covered entity or class
of covered entities to which it applies; and
(viii) explain the reasons the flexibility
is necessary and appropriate due to COVID-19.
(2) Quarterly reports.--Not later than 10 days after the
end of each fiscal quarter for the duration of the qualifying
emergency through the end of the first fiscal year beginning
after the conclusion of such qualifying emergency, the
Secretary shall submit to the authorizing committees a report
that includes, with respect to flexibilities described in
paragraph (4) that have been issued by the Secretary in the
most recently ended fiscal quarter, the following:
(A) In the case of a flexibility that was issued by
the Secretary without request from a covered entity, an
explanation of all requirements, including reporting
requirements, that the Secretary imposed on the covered
entity as a condition of the flexibility.
(B) In the case of a flexibility for which a
covered entity requested and received specific approval
from the Secretary--
(i) identification of the covered entity
that received the flexibility;
(ii) an explanation of the specific reasons
for approval of the request;
(iii) a detailed description of the terms
of the flexibility, including--
(I) a description of any
limitations on the flexibility; and
(II) identification of each
provision of law (including regulation
and subregulatory guidance) that is
waived or modified and, for each such
provision, the statutory authority
under which the flexibility was
provided; and
(iv) a copy of the final document granting
the flexibility.
(C) In the case of any request for a flexibility
that was denied by the Secretary--
(i) identification of the covered entity or
entities that were denied a flexibility;
(ii) a detailed description of the terms of
the request for the flexibility; and
(iii) an explanation of the specific
reasons for denial of the request.
(3) Report on flexibilities granted before enactment.--Not
later than 30 days after the date of enactment of this Act, the
Secretary shall submit to the authorizing committees a report
that--
(A) identifies each flexibility described in
paragraph (4) that was granted by the Secretary between
March 13, 2020, and the date of enactment of this Act;
and
(B) with respect to each such flexibility, provides
the information specified in paragraph (1)(B).
(4) Flexibility described.--A flexibility described in this
paragraph is modification or waiver of any provision of the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.)
(including any regulation or subregulatory guidance issued
under such a provision) that the Secretary determines to be
necessary and appropriate to modify or waive due to COVID-19,
other than a provision of the Higher Education Act of 1965 that
the Secretary is specifically authorized to modify or waive
pursuant to the CARES Act (Public Law 116-136).
(5) Privacy.--The Secretary shall ensure that any report or
notification submitted under this subsection does not reveal
personally identifiable information about an individual
student.
(6) Rule of construction.--Nothing in this subsection shall
be construed to authorize the Secretary to waive or modify any
provision of law.
(b) Reports on Exercise of CARES Act Waivers by Institutions of
Higher Education.--Not later than 30 days after the date of enactment
of this Act, each institution of higher education that exercises an
authority provided under section 3503(c) (as redesignated by section
150102 of this Act), section 3504, section 3505, section 3508(d),
section 3509, or section 3517(b) of the CARES Act (Public Law 116-136)
shall submit to the Secretary a report that describes the nature and
extent of the institution's exercise of such authorities, including the
number of students and amounts of aid provided under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) affected by the
exercise of such authorities, as applicable.
(c) Reports on Changes to Contracts and Agreements.--Not later than
10 days after the end of each fiscal quarter for the duration of the
qualifying emergency through the end of the first fiscal year beginning
after the conclusion of such qualifying emergency, the Secretary shall
submit to the authorizing committees a report that includes, for the
most recently ended fiscal quarter--
(1) a summary of all modifications to any contracts with
Department of Education contractors relating to Federal student
loans, including--
(A) the contractual provisions that were modified;
(B) the names of all contractors affected by the
modifications; and
(C) estimates of any costs or savings resulting
from the modifications;
(2) a summary of all amendments, addendums, or other
modifications to program participation agreements with
institutions of higher education under section 487 of the
Higher Education Act of 1965 (20 U.S.C. 1094), any provisional
program participation agreements entered into under such
section, and any COVID-19 provisional program participation
agreements entered into under section 150112 of this Act,
including--
(A) any provisions of such agreements that were
modified by the Department of Education; and
(B) the number of institutions of higher education
that received such modifications or entered into such
provisional agreements, disaggregated by--
(i) status as a four-year, two-year, or
less-than-two-year public institution, private
nonprofit institution, or proprietary
institution; and
(ii) each category of minority-serving
institution described in section 371(a) of the
Higher Education Act (20 U.S.C. 1067q); and
(3) sample copies of program participation agreements
(including provisional agreements), selected at random from
among the agreements described in paragraph (2), including at
least one agreement from each type of institution (whether a
public institution, private nonprofit institution, or
proprietary institution) that received a modified or
provisional agreement.
(d) Report to Congress.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the
authorizing committees a report that includes the following:
(A) A summary of the reports received by the
Secretary under subsection (b).
(B) A description of--
(i) the Secretary's use of the authority
under section 3506 of the CARES Act (Public Law
116-136) to adjust subsidized loan usage
limits, including the total number of students
and the total amount of subsidized loans under
title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.) affected by the
Secretary's use of such authority;
(ii) the Secretary's use of the authority
under section 3507 of the CARES Act (Public Law
116-136) to exclude certain periods from the
Federal Pell Grant duration limit, including
the total number of students and the total
amount of Federal Pell Grants under section 401
of the Higher Education Act of 1965 (20 U.S.C.
1070a) affected by the Secretary's use of such
authority;
(iii) the Secretary's use of the authority
under section 3508 of the CARES Act (Public Law
116-136) to waive certain requirements for the
return of Federal funds, including--
(I) in the case of waivers issued
to students under such section, the
total number of students and the total
amount of aid under title IV of the
Higher Education Act of 1965 (20 U.S.C.
1070 et seq.) affected by the
Secretary's use of such authority; and
(II) in the case of waivers issued
to institutions of higher education
under such section, the total number of
students and the total amount of aid
under title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.)
affected by the Secretary's use of such
authority.
(C) A summary of the information required to be
reported to the authorizing committees under sections
3510 and 3512 of the CARES Act (Public Law 116-136), as
amended by this Act, regardless of whether such
information has previously been reported to such
committees as of the date of the report under this
subsection.
(D) Information relating to the temporary relief
for Federal student loan borrowers provided under
section 3513 of the CARES Act (Public Law 116-136),
including--
(i) with respect to the notifications
required under subsection (g)(1) of such
section--
(I) the total number of individual
notifications sent to borrowers in
accordance with such subsection,
disaggregated by electronic, postal,
and telephonic notifications;
(II) the total number of
notifications described in clause (i)
that were sent within the 15-day period
specified in such subsection; and
(III) the actual costs to the
Department of Education of making the
notifications under such subsection;
(ii) the projected costs to the Department
of Education of making the notifications
required under subsection (g)(2) of such
section;
(iii) the number of Federal student loan
borrowers who have affirmatively opted-out of
payment suspension under subsection (a) of such
section;
(iv) the number of individual notifications
sent to employers directing the employers to
halt wage garnishment pursuant to subsection
(e) of such section, disaggregated by
electronic, postal, and telephonic
notifications;
(v) the number of Federal student loan
borrowers who have had their wages garnished
pursuant to section 488A of the Higher
Education Act of 1965 (20 U.S.C. 1095a) or
section 3720D of title 31, United States Code,
between March 13, 2020, and the date of the
date of enactment of this Act;
(vi) the number of Federal student loan
borrowers subject to interest capitalization as
a result of consolidating Federal student loans
since March 13, 2020, and the total amount of
such interest capitalization;
(vii) the average daily call wait times and
call drop rates, disaggregated by student loan
servicer, for the period between March 13,
2020, and the date of enactment of this Act;
and
(viii) the estimated or projected savings
to the Department of Education for student loan
servicing activities for the period beginning
on March 13, 2020, and ending on September 30,
2020, due to lower reimbursement or contract
costs per account for student loan servicers
and private collection agencies resulting from
the suspension of Federal student loan payments
and halt to collection activities under the
CARES Act (Public Law 116-136).
(E) Information relating to the special rules
relating to Federal Direct Consolidation Loans under
section 150120 of this Act, including--
(i) the number of borrowers who submitted
an application for a Federal Direct
Consolidation Loan;
(ii) the number of borrowers who received a
Federal Direct Consolidation Loan; and
(iii) the wait time between submitting an
application and receiving a Federal Direct
Consolidation Loan.
(F) A summary of the information required to be
reported to the authorizing committees under section
3517(c) and section 3518(c) of the CARES Act (Public
Law 116-136), as amended by this Act, regardless of
whether such information has previously been reported
to such committees as of the date of the report under
this subsection.
(G) A copy of any communication from the Department
of Education to grantees and Federal student loan
borrowers eligible for rights and benefits under
section 3519 of the CARES Act (Public Law 116-136) to
inform such grantees and borrowers of their eligibility
for such rights and benefits.
(2) Duty of hhs.--The Secretary of Health and Human
Services shall provide to the Secretary of Education the
information necessary for the Secretary of Education to comply
with paragraph (1)(D).
(e) Amendments to CARES Act Reporting Requirements.--
(1) Reporting requirement for hbcu capital financing loan
deferment.--Section 3512(c) of the CARES Act (Public Law 116-
136) is amended by striking the period at the end and inserting
``, the terms of the loans deferred, and the schedule for
repayment of the deferred loan amount.''
(2) Reporting requirement for institutional aid
modifications.--Section 3517(c) of the CARES Act (Public Law
116-136) is amended by striking the period at the end and
inserting ``, identifies the statutory provision waived or
modified, and describes the terms of the waiver or modification
received by the institution.''
(3) Reporting requirement for grant modifications.--Section
3518(c) of the CARES Act (Public Law 116-136) is amended by
striking the period at the end and inserting ``and describes
the terms of the modification received by the institution or
other grant recipient.''
(f) Definitions.--In this section:
(1) The term ``covered entity'' means an institution of
higher education, a Federal contractor, a student, or any other
entity that is subject to the Higher Education Act of 1965 (20
U.S.C. 1001 et seq.).
(2) The term ``Federal student loan'' means a loan
described in section 3502(a)(2) of the CARES Act (Public Law
116-136), as amended by this Act.
TITLE II--OTHER PROGRAMS
Subtitle A--Carl D. Perkins Career and Technical Education Act of 2006
and Adult Education and Literacy COVID-19 National Emergency Response
definitions
Sec. 150201.
In this subtitle:
(1) Apprenticeship; apprenticeship program.--The terms
``apprenticeship'' and ``apprenticeship program'' mean an
apprenticeship program registered under the Act of August 16,
1937 (commonly known as the ``National Apprenticeship Act'')
(50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), including
any requirement, standard, or rule promulgated under such Act,
as such requirement, standard, or rule was in effect on
December 30, 2019.
(2) 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).
(3) 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.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education.
covid-19 career and technical education response flexibility
Sec. 150202.
(a) Retention of Funds.--Notwithstanding section 133(b)(1) of the
Carl D. Perkins Career and Technical Education Act of 2006 (29 U.S.C.
2353(b)(1)), with respect to an eligible recipient that, due to the
COVID-19 national emergency, does not expend all of the amounts that
the eligible recipient is allocated for academic year 2019-2020 under
section 131 or 132 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2351; 2352), the eligible agency that
allocated such funds to the eligible recipient--
(1) may authorize the eligible recipient to retain such
amounts to carry out, during academic year 2020-2021, any
activities described in the application of eligible recipient
submitted under section 134(b) of such Act (29 U.S.C. 2354(b))
that such eligible recipient had intended to carry out during
academic year 2019-2020; and
(2) shall ensure that a retention of amounts by an eligible
recipient under paragraph (1) has no impact on the allocation
of amounts to such eligible recipient under section 131 or 132
of the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2351; 2352) for academic year 2020-2021.
(b) Pooling of Funds.--An eligible recipient may, in accordance
with section 135(c) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2355(c)), pool a portion of funds
received under such Act with a portion of funds received under such Act
available to one or more eligible recipients to support the transition
from secondary education to postsecondary education or employment for
CTE participants whose academic year was interrupted by the COVID-19
national emergency.
(c) Professional Development.--During the COVID-19 national
emergency, section 3(40)(B) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302(40)(B)) shall apply as if
``sustained (not stand-alone, 1-day, or short-term workshops),
intensive, collaborative, job-embedded, data-driven, and classroom-
focused,'' were struck.
(d) Definitions.--Except as otherwise provided, the terms in this
section have the meanings given the terms in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
adult education and literacy response activities
Sec. 150203.
(a) Online Service Delivery of Adult Education and Literacy
Activities.--During the COVID-19 national emergency, an eligible agency
may use funds available to such agency under paragraphs (2) and (3) of
section 222(a) of the Workforce Innovation and Opportunity Act (20
U.S.C. 3302(a)) for the administrative expenses of the eligible agency
related to transitions to online service delivery of adult education
and literacy activities.
(b) Secretarial Responsibilities.--Not later than 30 days after the
date of enactment of this Act, the Secretary shall, in carrying out
section 242(c)(2)(G) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3332(c)(2)(G)), identify and disseminate to States
strategies and virtual proctoring tools to--
(1) assess the progress of learners in adult education
programs based upon valid research, as appropriate, and;
(2) measure the progress of such programs in meeting the
State adjusted levels of performance described in section
116(b)(3) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3141(b)(3)).
(c) Definitions.--Except as otherwise provided, the terms in this
section have the meanings given the terms in section 203 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3272).
general provisions
Sec. 150204.
Notwithstanding any other provision of law, if determined necessary
and appropriate due to the COVID-19 national emergency by the
Secretary, the Secretary may waive, for a period not to exceed academic
year 2019-2020--
(1) upon the request of a State or Indian Tribe receiving
funds under title I of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2321 et seq.), the
requirements under section 421(b) of the General Education
Provisions Act (20 U.S.C. 1225(b)) for the State or Indian
Tribe with respect to such funds; and
(2) upon the request of an eligible agency receiving funds
under the Adult Education and Family Literacy Act (29 U.S.C.
3271 et seq.), the requirements under section 421(b) of the
General Education Provisions Act (20 U.S.C. 1225(b)) for that
eligible agency with respect to such funds.
Subtitle B--Corporation for National and Community Service COVID-19
Response Activities
corporation for national and community service provisions
Sec. 150205.
Section 3514(a)(2)(B) of the CARES Act is amended by inserting ``,
or the full value of the stipend under section 105(a) of title I of the
Domestic Volunteer Service Act of 1973 (42 U.S.C. 4955), as amended,''
after ``such subtitle''.
national service expansion feasibility study
Sec. 150206.
(a) Study Required.--The Corporation for National and Community
Service shall conduct a study on the feasibility of increasing the
capacity of national service programs across the country to respond to
the COVID-19 national emergency, the corresponding public health
crisis, and the economic and social impact to communities across the
country.
(b) Scope of Study.--The Corporation for National and Community
Service shall examine new and existing programs, partnerships,
organizations and grantees that could be utilized to respond to the
COVID-19 national emergency as described in subsection (a), including--
(1) service opportunities related to food security,
education, economic opportunity, and disaster or emergency
response;
(2) partnerships with the Department of Health and Human
Services, the Centers for Disease Control and Prevention, and
public health departments in all 50 states and territories to
respond to public health needs related to COVID-19 such as
testing, contact tracing, or related activities; and
(3) the capacity and ability of the State Commissions on
National and Community Service to respond to the needs of state
and local governments in each state or territory in which such
State Commission is in operation.
(c) Required Aspects of the Study.--In performing the study
described in this section, the Corporation for National and Community
Service shall examine the following aspects for each of the new or
existing programs, partnerships, organizations and grantees as
described in subsection (b), including--
(1) the cost and resources necessary related to expansion
as described in paragraphs (1), (2) and (3) of subsection (b);
(2) the timeline for implementation of any expanded
partnerships or expanded capacity as described in paragraphs
(1), (2) and (3) of subsection (b);
(3) options to use existing corps programs overseen by the
Corporation for National and Community Service for expanding
such capacity, and the role of programs, such as AmeriCorps,
AmeriCorps VISTA, AmeriCorps National Civilian Community Corps,
or Senior Corps, for expanding capacity as described in
paragraphs (1), (2) and (3) of subsection (b);
(4) the ability to increase diversity, including economic,
racial, ethnic, and gender diversity, amongst national service
volunteers and programs as part of any expansion activities;
(5) the geographic distribution of demand by state due to
the economic or health related impacts of COVID-19 for national
service volunteer opportunities across the country and the
additional volunteer capacity needed to meet this demand,
comparing existing demand for volunteer opportunities to
expected or realized increases as a result of COVID-19; and
(6) whether any additional administrative capacity is
needed to respond to increases in demand as described in
paragraph (5), including through grantee organizational
capacity or at the Corporation for National and Community
Service.
(d) Reports to Congressional Committees.--Not later than 30 days
after the date of enactment of this Act, the Chief Executive Officer of
the Corporation for National and Community Service shall prepare and
submit a report to the Committee on Education and Labor and the
Committee on Appropriations of the House of Representatives, and the
Committee on Health, Education, Labor, and Pensions and the Committee
on Appropriations of the Senate, with recommendations on the role for
the Corporation for National and Community Service in responding to the
COVID-19 national emergency, including any recommendations for
legislative, regulatory, and administrative changes based on findings
related to the topics identified under subsection (b).
definitions
Sec. 150207.
In this subtitle, the following definitions apply:
(1) DVSA terms.--The terms ``Director'' and ``poverty line
for a single individual'' have the meaning given such terms in
section 421 of the Domestic Volunteer Service Act of 1973 (42
U.S.C. 5061).
(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 COVID-19.
(3) Grantee.--The term ``grantee'' means a recipient of a
grant under 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.) to run a program.
(4) Program.--The term ``program'' means a program funded
under 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.).
(5) State commission on national and community service.--
The term ``State Commission on National and Community Service''
has the meaning given such term in section 101 of the National
and Community Service Act (42 U.S.C. 12511).
DIVISION P--ACCESS ACT
SEC. 160001. SHORT TITLE; TABLE OF CONTENTS.
This Act may be cited as the ``American Coronavirus/COVID-19
Election Safety and Security Act'' or the ``ACCESS Act''.
SEC. 160002. 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) 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).
(e) Definitions.--
(1) Election for federal office.--For purposes of this
section, the term ``election for Federal office'' means a
general, special, primary, or runoff election for the office of
President or Vice President, or of Senator or Representative
in, or Delegate or Resident Commissioner to, the Congress.
(2) 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.
(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. 160003. 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.
``(2) Administration of voting by mail.--
``(A) Prohibiting identification requirement as
condition of obtaining ballot.--A State may not require
an individual to provide any form of identification as
a condition of obtaining an absentee ballot, except
that nothing in this paragraph may be construed to
prevent a State from requiring a signature of the
individual or similar affirmation as a condition of
obtaining an absentee ballot.
``(B) Prohibiting requirement to provide
notarization or witness signature as condition of
obtaining or casting ballot.--A State may not require
notarization or witness signature or other formal
authentication (other than voter attestation) as a
condition of obtaining or casting an absentee ballot.
``(C) Deadline for returning ballot.--A State may
impose a deadline for requesting the absentee 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.
``(3) Application for all future elections.--At the option
of an individual, a State shall treat the individual's
application to vote by absentee ballot by mail in an election
for Federal office as an application to vote by absentee ballot
by mail in all subsequent Federal elections held in the State.
``(b) Due Process Requirements for States Requiring Signature
Verification.--
``(1) Requirement.--
``(A) In general.--A State may not impose a
signature verification requirement as a condition of
accepting and counting an absentee ballot submitted by
any individual with respect to an election for Federal
office unless the State meets the due process
requirements described in paragraph (2).
``(B) Signature verification requirement
described.--In this subsection, a `signature
verification requirement' is a requirement that an
election official verify the identification of an
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 or
another official record or other document used by the
State to verify the signatures of voters.
``(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 or
other official record or document used by the State to
verify the signatures of voters, such election
official, prior to making a final determination as to
the validity of such ballot, shall--
``(i) make a good faith effort to
immediately notify the individual by mail,
telephone, and (if available) electronic mail
that--
``(I) a discrepancy exists between
the signature on such ballot and the
signature of the individual on the
official list of registered voters in
the State, and
``(II) if such discrepancy is not
cured prior to the expiration of the
10-day period which begins on the date
the official notifies the individual of
the discrepancy, such ballot will not
be counted; and
``(ii) cure such discrepancy and count the
ballot if, prior to the expiration of the 10-
day period described in clause (i)(II), the
individual provides the official with
information to cure such discrepancy, either in
person, by telephone, or by electronic methods.
``(B) Notice and opportunity to provide missing
signature.--If an individual submits an absentee ballot
without a signature, the appropriate State or local
election official, prior to making a final
determination as to the validity of the ballot, shall--
``(i) make a good faith effort to
immediately notify the individual by mail,
telephone, and (if available) electronic mail
that--
``(I) the ballot did not include a
signature, and
``(II) if the individual does not
provide the missing signature prior to
the expiration of the 10-day period
which begins on the date the official
notifies the individual that the ballot
did not include a signature, such
ballot will not be counted; and
``(ii) count the ballot if, prior to the
expiration of the 10-day period described in
clause (i)(II), the individual provides the
official with 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 or
other official record or other document used by the
State to verify the signatures of voters 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 by mail
absentee ballots and balloting materials for
the election to all individuals who are
registered to vote in such election or, in the
case of any State that does not register
voters, all individuals who are in the State's
central voter file (or if the State does not
keep a central voter file, to all individuals
who are eligible 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) Uniform Deadline for Acceptance of Mailed Ballots.--A State
may not refuse to accept or process a ballot submitted by an individual
by mail with respect to an election for Federal office in the State on
the grounds that the individual did not meet a deadline for returning
the ballot to the appropriate State or local election official if--
``(1) the ballot is postmarked, signed, or otherwise
indicated by the United States Postal Service to have been
mailed on or before the date of the election; and
``(2) the ballot is received by the appropriate election
official prior to the expiration of the 10-day period which
begins on the date of the election.
``(f) Alternative Methods of Returning Ballots.--
``(1) In general.--In addition to permitting an individual
to whom a ballot in an election was provided under this section
to return the ballot to an election official by mail, the State
shall permit the individual 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 any date on which voting
in the election is held at the polling place; 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.
``(g) 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.
``(h) 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.
``(i) No Effect on Ballots Submitted by Absent Military and
Overseas 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.).
``(j) 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. 160004. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET
IDENTIFICATION REQUIREMENTS FOR VOTING.
(a) Permitting Use of Statement.--Subtitle C of title III of the
Help America Vote Act of 2002, as added by section 160003(a), is
amended--
(1) by redesignating sections 325 and 326 as sections 326
and 327; and
(2) by inserting after section 324 the following new
section:
``SEC. 325. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET
IDENTIFICATION REQUIREMENTS.
``(a) Use of Statement.--
``(1) In general.--Except as provided in subsection (c), if
a State has in effect a requirement that an individual present
identification as a condition of casting a ballot in an
election for Federal office, the State shall permit the
individual to meet the requirement--
``(A) in the case of an individual who desires to
vote in person, by presenting the appropriate State or
local election official with a sworn written statement,
signed by the individual under penalty of perjury,
attesting to the individual's identity and attesting
that the individual is eligible to vote in the
election; or
``(B) in the case of an individual who desires to
vote by mail, by submitting with the ballot the
statement described in subparagraph (A).
``(2) Development of pre-printed version of statement by
commission.--The Commission shall develop a pre-printed version
of the statement described in paragraph (1)(A) which includes a
blank space for an individual to provide a name and signature
for use by election officials in States which are subject to
paragraph (1).
``(3) Providing pre-printed copy of statement.--A State
which is subject to paragraph (1) shall--
``(A) make copies of the pre-printed version of the
statement described in paragraph (1)(A) which is
prepared by the Commission available at polling places
for election officials to distribute to individuals who
desire to vote in person; and
``(B) include a copy of such pre-printed version of
the statement with each blank absentee or other ballot
transmitted to an individual who desires to vote by
mail.
``(b) Requiring Use of Ballot in Same Manner as Individuals
Presenting Identification.--An individual who presents or submits a
sworn written statement in accordance with subsection (a)(1) shall be
permitted to cast a ballot in the election in the same manner as an
individual who presents identification.
``(c) Exception for First-time Voters Registering by Mail.--
Subsections (a) and (b) do not apply with respect to any individual
described in paragraph (1) of section 303(b) who is required to meet
the requirements of paragraph (2) of such section.''.
(b) Requiring States to Include Information on Use of Sworn Written
Statement in Voting Information Material Posted at Polling Places.--
Section 302(b)(2) of such Act (52 U.S.C. 21082(b)(2)), is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(G) in the case of a State that has in effect a
requirement that an individual present identification
as a condition of casting a ballot in an election for
Federal office, information on how an individual may
meet such requirement by presenting a sworn written
statement in accordance with section 303A.''.
(c) Clerical Amendment.--The table of contents of such Act, as
amended by section 160003, is amended--
(1) by redesignating the items relating to sections 325 and
326 as relating to sections 326 and 327; and
(2) by inserting after the item relating to section 324 the
following new item:
``Sec. 325. Permitting use of sworn written statement to meet
identification requirements.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring on or after the date of the
enactment of this Act.
SEC. 160005. VOTING MATERIALS POSTAGE.
(a) Prepayment of Postage on Return Envelopes.--
(1) In general.--Subtitle C of title III of the Help
America Vote Act of 2002, as added by section 160003(a) and as
amended by section 160004(a), is further amended--
(A) by redesignating sections 326 and 327 as
sections 327 and 328; and
(B) by inserting after section 325 the following
new section:
``SEC. 326. PREPAYMENT OF POSTAGE ON RETURN ENVELOPES FOR VOTING
MATERIALS.
``(a) Provision of Return Envelopes.--The appropriate State or
local election official shall provide a self-sealing return envelope
with--
``(1) any voter registration application form transmitted
to a registrant by mail;
``(2) any application for an absentee ballot transmitted to
an applicant by mail; and
``(3) any blank absentee ballot transmitted to a voter by
mail.
``(b) 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 the election involved shall
prepay the postage on any envelope provided under subsection (a).
``(c) No Effect on Ballots or Balloting Materials Transmitted to
Absent Military and Overseas Voters.--Nothing in this section may be
construed to affect the treatment of any ballot or balloting materials
transmitted to 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.).''.
(2) Clerical amendment.--The table of contents of such Act,
as amended by section 160004(c), is amended--
(A) by redesignating the items relating to sections
326 and 327 as relating to sections 327 and 328; and
(B) by inserting after the item relating to section
325 the following new item:
``Sec. 326. Prepayment of postage on return envelopes for voting
materials''.
(b) Role of United States Postal Service.--
(1) In general.--Chapter 34 of title 39, United States
Code, is amended by adding after section 3406 the following:
``Sec. 3407. Voting materials
``(a) Any voter registration application, absentee ballot
application, or absentee ballot with respect to any election for
Federal office shall be carried expeditiously, with postage on the
return envelope prepaid by the State or unit of local government
responsible for the administration of the election.
``(b) As used in this section--
``(1) 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; and
``(2) the term `election for Federal office' means a
general, special, primary, or runoff election for the office of
President or Vice President, or of Senator or Representative
in, or Delegate or Resident Commissioner to, the Congress.
``(c) Nothing in this section may be construed to affect the
treatment of any ballot or balloting materials transmitted to 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.).''.
(2) 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. Voting materials.''.
SEC. 160006. 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 the provisions of
this section, each State shall transmit blank absentee ballots
electronically to qualified individuals who request such
ballots in the same manner and under the same terms and
conditions under which the State transmits such ballots
electronically to absent uniformed services voters and overseas
voters under the provisions of section 102(f), except that no
such marked ballots shall be returned electronically.
``(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 previously 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 previously 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. 160007. 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--
``(A) in the case of an individual who has provided
the official with an electronic mail address, by
electronic mail; and
``(B) at the option of an individual, by text
message.
``(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) Use of Internet to Update Registration Information.--
(1) Updates to information contained on computerized
statewide voter registration list.--
(A) In general.--Section 303(a) of the Help America
Vote Act of 2002 (52 U.S.C. 21083(a)) is amended by
adding at the end the following new paragraph:
``(6) Use of internet by registered voters to update
information.--
``(A) In general.--The appropriate State or local
election official shall ensure that any registered
voter on the computerized list may at any time update
the voter's registration information, including the
voter's address and electronic mail address, online
through the official public website of the election
official responsible for the maintenance of the list,
so long as the voter attests to the contents of the
update by providing a signature in electronic form in
the same manner required under section 6A(c) of the
National Voter Registration Act of 1993.
``(B) Processing of updated information by election
officials.--If a registered voter updates registration
information under subparagraph (A), the appropriate
State or local election official shall--
``(i) revise any information on the
computerized list to reflect the update made by
the voter; and
``(ii) if the updated registration
information affects the voter's eligibility to
vote in an election for Federal office, ensure
that the information is processed with respect
to the election if the voter updates the
information not later than the lesser of 7
days, or the period provided by State law,
before the date of the election.
``(C) Confirmation and disposition.--
``(i) Confirmation of receipt.--Upon the
online submission of updated registration
information by an individual under this
paragraph, the appropriate State or local
election official shall send the individual a
notice confirming the State's receipt of the
updated information and providing instructions
on how the individual may check the status of
the update.
``(ii) Notice of disposition.--Not later
than 7 days after the appropriate State or
local election official has accepted or
rejected updated information submitted by an
individual under this paragraph, the official
shall send the individual a notice of the
disposition of the update.
``(iii) Method of notification.--The
appropriate State or local election official
shall send the notices required under this
subparagraph by regular mail and--
``(I) in the case of an individual
who has requested that the State
provide voter registration and voting
information through electronic mail, by
electronic mail; and
``(II) at the option of an
individual, by text message.''.
(B) Conforming amendment relating to effective
date.--Section 303(d)(1)(A) of such Act (52 U.S.C.
21083(d)(1)(A)) is amended by striking ``subparagraph
(B),'' and inserting ``subparagraph (B) and subsection
(a)(6),''.
(2) Ability of registrant to use online update to provide
information on residence.--Section 8(d)(2)(A) of the National
Voter Registration Act of 1993 (52 U.S.C. 20507(d)(2)(A)) is
amended--
(A) in the first sentence, by inserting after
``return the card'' the following: ``or update the
registrant's information on the computerized Statewide
voter registration list using the online method
provided under section 303(a)(6) of the Help America
Vote Act of 2002''; and
(B) in the second sentence, by striking
``returned,'' and inserting the following: ``returned
or if the registrant does not update the registrant's
information on the computerized Statewide voter
registration list using such online method,''.
(c) Same Day Registration.--
(1) In general.--Subtitle C of title III of the Help
America Vote Act of 2002, as added by section 160003(a) and as
amended by sections 160004(a) and 160005(a), is further
amended--
(A) by redesignating sections 327 and 328 as
sections 328 and 329; and
(B) by inserting after section 326 the following
new section:
``SEC. 327. 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 added by section 160003 and as amended by sections 160004
and 160005, is further amended--
(A) by redesignating the items relating to sections
327 and 328 as relating to sections 328 and 329; and
(B) by inserting after the item relating to section
326 the following new item:
``Sec. 327. Same day registration.''.
(d) 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. 160008. 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) Election for federal office.--The term
``election for Federal office'' means a general,
special, primary or runoff election for the office of
President or Vice President, or of Senator or
Representative in, or Delegate or Resident Commissioner
to, the Congress.
(B) 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).
(C) 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.
(D) 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).
(E) 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 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.
``(B) 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. 160009. 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 party-run primaries.--In addition to any
payments under paragraph (1), the Commission shall make
payments to each eligible political party of the State for
costs incurred by such parties to send absentee ballots and
return envelopes with prepaid postage to eligible voters
participating in such primaries during 2020.
``(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. 160010. 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 160009(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 160009(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. 160011. 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.
SEC. 160012. DEFINITION.
(a) Definition of Election for Federal Office .--Title IX of the
Help America Vote Act of 2002 (52 U.S.C. 21141 et seq.) is amended by
adding at the end the following new section:
``SEC. 907. ELECTION FOR FEDERAL OFFICE DEFINED.
``For purposes of titles I through III, the term `election for
Federal office' means a general, special, primary, or runoff election
for the office of President or Vice President, or of Senator or
Representative in, or Delegate or Resident Commissioner to, the
Congress.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to title IX the
following new item:
``Sec. 907. Election for Federal office defined.''.
DIVISION Q--COVID-19 HEROES FUND
SEC. 170001. SHORT TITLE.
This Act may be cited as the ``COVID-19 Heroes Fund Act of 2020''.
TITLE I--PROVISIONS RELATING TO STATE, LOCAL, TRIBAL, AND PRIVATE
SECTOR WORKERS
SEC. 170101. DEFINITIONS.
In this title:
(1) COVID-19 public health emergency.--The term ``COVID-19
Public Health Emergency'' means the public health emergency
first declared on January 31, 2020, by the Secretary of Health
and Human Services under section 319 of the Public Health
Service Act (42 U.S.C. 247d) with respect to COVID-19.
(2) Employee.--Except as provided in paragraph (3)(C)(iii),
the term ``employee'' means an individual (not employed by an
entity excluded from the definition of the term ``employer''
for purposes of this title under paragraph (3)(B)) who is--
(A) an employee, as defined in section 3(e) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)),
except that a reference in such section 3(e) to an
employer shall be considered to be a reference to an
employer described in clauses (i)(I) and (ii) of
paragraph (3)(A);
(B) a State employee described in section 304(a) of
the Government Employee Rights Act of 1991 (42 U.S.C.
2000e-16c(a)); or
(C) an employee of a Tribal employer.
(3) Employer.--
(A) In general.--The term ``employer'' means,
except as provided in subparagraph (B), a person who
is--
(i)(I) a covered employer, as defined in
subparagraph (C);
(II) an entity employing a State employee
described in section 304(a) of the Government
Employee Rights Act of 1991; or
(III) a Tribal employer; and
(ii) engaged in commerce (including
government), or an industry or activity
affecting commerce (including government).
(B) Exclusion of executive, legislative, and
judicial entities covered under title ii.--The term
``employer'' does not include--
(i) any agency, as defined in section
201(1), except, only as provided in section
102(g)(2), the VA Office of Geriatrics &
Extended Care of the Veterans Health
Administration; or
(ii) the Postal Regulatory Commission.
(C) Covered employer.--
(i) In general.--In subparagraph (A)(i)(I),
the term ``covered employer''--
(I) means any person engaged in
commerce (including government), or in
any industry or activity affecting
commerce (including government), who
employs 1 or more employees;
(II) includes--
(aa) any person who acts
directly or indirectly in the
interest of (within the meaning
of section 3(d) of the Fair
Labor Standards Act of 1938 (29
U.S.C. 203(d)) an employer in
relation to any of the
employees of such employer; and
(bb) any successor in
interest of an employer;
(III) except as provided in
subparagraph (B), includes any public
agency, as defined in section 3(x) of
the Fair Labor Standards Act of 1938
(29 U.S.C. 203(x));
(IV) includes any person described
in subclause (I) who conducts business
as a not-for-profit organization;
(V) includes--
(aa) an entity or person
that contracts directly with a
State, locality, Tribal
government, or the Federal
Government, to provide care
(which may include items and
services) through employees of
such entity or person to
individuals under the Medicare
program under title XVIII of
the Social Security Act (42
U.S.C. 1395 et seq.), under a
State Medicaid plan under title
XIX of such Act (42 U.S.C. 1396
et seq.) or under a waiver of
such plan, or under any other
program established or
administered by a State,
locality, Tribal government, or
the Federal Government;
(bb) a subcontractor of an
entity or person described in
item (aa);
(cc) an individual client
(or a representative on behalf
of an individual client), an
entity, or a person, that
employs an individual to
provide care (which may include
items and services) to the
individual client under a self-
directed service delivery model
through a program established
or administered by a State,
locality, Tribal government, or
the Federal Government; or
(dd) an individual client
(or a representative on behalf
of an individual client) that,
on their own accord, employs an
individual to provide care
(which may include items and
services) to the individual
client using the individual
client's own finances;
(VI) includes the United States
Postal Service;
(VII) includes a nonappropriated
fund instrumentality under the
jurisdiction of the Armed Forces; and
(VIII) includes, only with respect
to section 102(g)(2), the VA Office of
Geriatrics & Extended Care of the
Veterans Health Administration.
(ii) Public agency.--For purposes of this
title, a public agency shall be considered to
be a person engaged in commerce or in an
industry or activity affecting commerce.
(iii) Definition of employee.--For purposes
of clause (i), the term ``employee'' has the
meaning given such term in section 3(e), except
such term does not include any individual
employed by entity excluded from the definition
of the term ``employer'' for purposes of this
title under subparagraph (B).
(D) Predecessors.--Any reference in this paragraph
to an employer shall include a reference to any
predecessor of such employer.
(E) Definition of commerce.--For purposes of this
paragraph, the terms ``commerce'' and ``industry or
activity affecting commerce''--
(i) mean any activity, business, or
industry in commerce or in which a labor
dispute would hinder or obstruct commerce or
the free flow of commerce;
(ii) include commerce and any industry
affecting commerce, as such terms are defined
in paragraphs (1) and (3) of section 501 of the
Labor Management Relations Act, 1947 (29 U.S.C.
142(1) and (3)); and
(iii) include commerce, as defined in
section 3(b) of the Fair Labor Standards Act of
1938 (29 U.S.C. 203(b)) and as described in
section 2(a) of such Act (29 U.S.C. 202(a)).
(4) Employer payroll taxes.--The term ``employer payroll
taxes'' means--
(A) taxes imposed under sections 3111(b), 3221(a)
(but only to the extent attributable to the portion of
such tax attributable to the tax imposed by section
3111(b)), 3221(b), and 3301 of the Internal Revenue
Code of 1986; and
(B) taxes imposed by a State or local government on
an employer with respect to amounts paid by such
employer for work by employees.
(5) Essential work.--The term ``essential work'' means any
work that--
(A) is performed during the period that begins on
January 27, 2020 and ends 60 days after the last day of
the COVID-19 Public Health Emergency;
(B) is not performed while teleworking from a
residence;
(C) involves--
(i) regular in-person interactions with--
(I) patients;
(II) the public; or
(III) coworkers of the individual
performing the work; or
(ii) regular physical handling of items
that were handled by, or are to be handled by--
(I) patients;
(II) the public; or
(III) coworkers of the individual
performing the work; and
(D) is in any of the following areas:
(i) First responder work, in the public
sector or private sector, including services in
response to emergencies that have the potential
to cause death or serious bodily injury, such
as police, fire, emergency medical, protective,
child maltreatment, domestic violence, and
correctional services (including activities
carried out by employees in fire protection
activities, as defined in section 3(y) of the
Fair Labor Standards Act of 1938 (29 U.S.C.
203(y)) and activities of law enforcement
officers, as defined in section 1204(6) of the
Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10284(6)).
(ii) Health care work physically provided
in inpatient settings (including hospitals and
other inpatient post-acute care settings such
as nursing homes, inpatient rehabilitation
facilities, and other related settings) and
other work physically performed in such
inpatient settings that supports or is in
furtherance of such health care work physically
provided in inpatient settings.
(iii) Health care work physically provided
in outpatient settings (including at physician
offices, community health centers, rural health
clinics and other clinics, hospital outpatient
departments, freestanding emergency
departments, ambulatory surgical centers, and
other related settings), and other work
physically performed in such inpatient settings
that supports or is in furtherance of such
health care work physically provided in
outpatient settings.
(iv) Pharmacy work, physically performed in
pharmacies, drug stores, or other retail
facilities specializing in medical goods and
supplies.
(v) Any work physically performed in a
facility that performs medical testing and
diagnostic services, including laboratory
processing, medical testing services, or
related activities.
(vi) Home and community-based work,
including home health care, residential care,
assistance with activities of daily living, and
any services provided by direct care workers
(as defined in section 799B of the Public
Health Service Act (42 U.S.C. 295p)), personal
care aides, job coaches, or supported
employment providers, and any other provision
of care to individuals in their homes by direct
service providers, personal care attendants,
and home health aides.
(vii) Biomedical research regarding SARS-
CoV-2 and COVID-19 that involves the handling
of hazardous materials such as COVID-19
samples.
(viii) Behavioral health work requiring
physical interaction with individuals,
including mental health services and substance
use disorder prevention, treatment, and
recovery services.
(ix) Nursing care and residential care work
physically provided in a facility.
(x) Family care, including child care
services, in-home child care services such as
nanny services, and care services provided by
family members to other family members.
(xi) Social services work, including social
work, case management, social and human
services, child welfare, family services,
shelter and services for people who have
experienced intimate partner violence or sexual
assault, services for individuals who are
homeless, child services, community food and
housing services, and other emergency social
services.
(xii) Public health work conducted at
State, local, territorial, and Tribal
government public health agencies, including
epidemiological activities, surveillance,
contact tracing, data analysis, statistical
research, health education, and other disease
detection, prevention, and response methods.
(xiii) Tribal vital services, as defined by
the Commissioner of the Administration for
Native Americans in consultation with Tribal
governments and after conferring with urban
Indian organizations.
(xiv) Grocery work physically performed at
grocery stores, supermarkets, convenience
stores, corner stores, drug stores, retail
facilities specializing in medical goods and
supplies, bodegas, and other locations where
individuals purchase non-prepared food items.
(xv) Restaurant work, including carry-out,
drive-thru, or food delivery work, requiring
physical interaction with individuals or food
products.
(xvi) Food production work involving the
physical interaction with food products,
including all agricultural work, farming,
fishing, forestry, ranching, processing,
canning, slaughtering, packaging, baking,
butchering, and other food production work,
such as any service or activity included within
the provisions of section 3(f) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(f)),
or section 3121(g) of the Internal Revenue Code
of 1986, and the handling, planting, drying,
packing, packaging, processing, freezing, or
grading prior to delivery for storage of any
agricultural or horticultural commodity in its
unmanufactured state.
(xvii) Transportation work, including--
(I) any services in public
transportation, as defined in section
5302(14) of title 49, United States
Code;
(II) any private transportation of
people, such as transportation provided
by air, rail, bus, taxicab, personal
car or truck, non-motorized vehicle, or
otherwise, including all services
performed by individuals working in or
on such vehicles, vehicle depots, or
transit facilities;
(III) any private transportation of
goods in bulk, including transportation
via heavy or light truck, rail, air, or
otherwise;
(IV) any public or private
transportation of mail or packages;
(V) any private transportation of
food or other goods to individuals,
including in a personal car or truck,
non-motorized vehicle, or otherwise;
(VI) any services in passenger rail
transportation, including commuter
rail, intercity passenger rail, or
Amtrak, including services performed by
employees of contractors of such
entities;
(VII) any services in the
transportation of persons, property, or
mail by an aircraft of an air carrier
conducting operations under part 121 of
title 14, Code of Federal Regulations
(or successor regulations), or a
foreign air carrier within, to, or from
the United States, either on board an
aircraft or on the ground at an
airport, including services performed
by employees of contractors of air
carriers, or foreign air carriers, as
described in section 4111(3) of the
CARES Act (Public Law 116-136);
(VIII) any services as an aircraft
mechanic or technician who performs
maintenance, repair, or overhaul work
on an aircraft of an air carrier
conducting operations under such part
121 or foreign air carrier within the
United States;
(IX) services as maritime workers
who qualify as seamen under section
10101(3) of title 46, United States
Code, and other maritime employees
including--
(aa) longshoremen, harbor
workers and shipbuilders
covered under section 2(3) of
the Longshore and Harbor
Workers' Compensation Act (33
U.S.C. 902(3)) involved in the
transportation of merchandise
or passengers by water; and
(bb) shipbuilders and ship
repairers who are working for
an employer performing
shipbuilding or ship repair
work under contract or
subcontract to the Departments
of Defense, Energy or Homeland
Security for military or other
national security purposes; and
(X) services as maritime
transportation workers supporting or
enabling transportation functions,
including such services as--
(aa) barge workers, tug
operators, and port and
facility security personnel;
(bb) marine dispatchers;
and
(cc) workers who repair and
maintain marine vessels
(including the equipment and
infrastructure that enables
operations that encompass
movement of cargo and
passengers).
(xviii) Work physically performed in a
warehouse or other facility in warehousing
(including all services performed by
individuals picking, sorting, packing, and
shipping in warehouses), storage, distribution,
or call center support facilities, and other
essential operational support functions that
are necessary to accept, store, and process
goods, and that facilitate the goods'
transportation and delivery.
(xix) Cleaning work and building
maintenance work physically performed on the
grounds of a facility, including all custodial
or janitorial services, security services, and
repair and maintenance services.
(xx) Work in the collection, removal,
transport, storage, or disposal of residential,
industrial, or commercial solid waste and
recycling, including services provided by
individuals who drive waste or recycling
trucks, who pick up waste or recycling from
residential or commercial locations, or who
work at waste or recycling centers or
landfills.
(xxi) Work in the gathering, processing,
disseminating, and delivery of news and
information that serves the public interest to
the public through mass media, including
television, radio, and newspapers.
(xxii) Any work performed by an employee of
a State, locality, or Tribal government, that
is determined to be essential work by the
highest authority of such State, locality, or
Tribal government.
(xxiii) Educational work, school nutrition
work, and other work required to operate a
school facility, including early childhood
programs, preschool programs, elementary and
secondary education, and higher education.
(xxiv) Laundry work, including work in
laundromats, laundry service companies, and dry
cleaners.
(xxv) Elections work physically performed
at polling places or otherwise amongst the
public, including public-sector elections
personnel and private-sector elections
personnel.
(xxvi) Hazardous materials management,
response, and cleanup work associated with any
other essential work covered under this
paragraph, including health care waste
(including medical, pharmaceuticals, and
medical material production), and testing
operations (including laboratories processing
test kits).
(xxvii) Disinfection work for all
facilities and modes of transportation involved
in other essential work covered under this
paragraph.
(xxviii) Work in critical clinical
research, development, and testing necessary
for COVID-19 response that involves physical
interaction with hazardous materials, such as
samples of COVID-19.
(xxix) Work in mortuary, funeral,
cremation, burial, cemetery, and related
services.
(xxx) Work requiring physical interactions
with patients in physical therapy, occupational
therapy, speech-language pathology, and
respiratory therapy and other therapy services.
(xxxi) Dental care work requiring physical
interaction with patients.
(xxxii) Work performed by employees of the
U.S. Postal Service.
(xxxiii) Work at hotel and commercial
lodging facilities that are used for COVID-19
mitigation and containment measures.
(6) Essential worker.--
(A) In general.--The term ``essential worker''
means an individual, whose work and duties include
essential work, and who is--
(i) an employee of an employer; or
(ii) an individual performing any services
or labor for remuneration for an employer,
regardless of whether the individual is
classified as an independent contractor by the
employer.
(B) Immigration status.--Such term includes an
individual regardless of the individual's immigration
status.
(7) Essential work employer.--The term ``essential work
employer'' means an employer who employs, or provides
remuneration for services or labor to, an essential worker.
(8) FLSA terms.--The terms ``employ'', ``person'',
``regular rate'', and ``State'' have the meanings given the
terms in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
(9) Highly-compensated essential worker.--The term
``highly-compensated essential worker'' means an essential
worker who is paid the equivalent of $200,000 or more per year
by an essential work employer.
(10) Large essential work employer.--The term ``large
essential work employer'' means an essential work employer who
has more than 500 individuals who are employed by the employer
or are otherwise providing services or labor for remuneration
for the employer.
(11) Self-directed care worker.--The term ``self-directed
care worker'' means an individual employed to provide care
(which may include items and services) to an individual
client--
(A) under a self-directed service delivery model
through a program established or administered by a
State, locality, Tribal government, or the Federal
Government; or
(B) on the individual client's own accord and using
the individual client's own finances.
(12) Tribal employer.--The term ``Tribal employer'' means--
(A) any Tribal government, a subdivision of a
Tribal government (determined in accordance with
section 7871(d) of the Internal Revenue Code), or an
agency or instrumentality of a Tribal government or
subdivision thereof;
(B) any Tribal organization (as the term ``tribal
organization'' is defined in section 4(l) of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 5304(l));
(C) any corporation if more than 50 percent
(determined by vote and value) of the outstanding stock
of such corporation is owned, directly or indirectly,
by any entity described in subparagraph (A) or (B); or
(D) any partnership if more than 50 percent of the
value of the capital and profits interests of such
partnership is owned, directly or indirectly, by any
entity described in subparagraph (A) or (B).
(13) Tribal government.--The term ``Tribal government''
means the recognized governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, community,
component band, or component reservation individually
identified (including parenthetically) in the list published
most recently as of the date of enactment of this Act pursuant
to section 104 of the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 5131).
(14) Work.--The term ``work'' means employment by, or
engagement in providing labor or services for, an employer.
SEC. 170102. PANDEMIC PREMIUM PAY FOR ESSENTIAL WORKERS.
(a) In General.-- Beginning 3 days after an essential work employer
receives a grant under section 104 from the Secretary of the Treasury,
the essential work employer shall--
(1) be required to comply with subsections (b) through (h);
and
(2) be subject to the enforcement requirements of section
105.
(b) Pandemic Premium Pay.--
(1) In general.--An essential work employer receiving a
grant under section 104 shall, in accordance with this
subsection, provide each essential worker of the essential work
employer with premium pay at a rate equal to $13 for each hour
of work performed by the essential worker for the employer from
January 27, 2020, until the date that is 60 days after the last
day of the COVID-19 Public Health Emergency.
(2) Maximum amounts.--The total amount of all premium pay
under this subsection that an essential work employer is
required to provide to an essential worker, including through
any retroactive payment under paragraph (3), shall not exceed--
(A) for an essential worker who is not a highly-
compensated essential worker, $10,000 reduced by
employer payroll taxes with respect to such premium
pay; or
(B) for a highly-compensated essential worker,
$5,000 reduced by employer payroll taxes with respect
to such premium pay.
(3) Retroactive payment.--For all work performed by an
essential worker during the period from January 27, 2020,
through the date on which the essential work employer of the
worker receives a grant under this title, the essential work
employer shall use a portion of the amount of such grant to
provide such worker with premium pay under this subsection for
such work at the rate provided under paragraph (1). Such amount
shall be provided to the essential worker as a lump sum in the
next paycheck (or other payment form) that immediately follows
the receipt of the grant by the essential work employer. In any
case where it is impossible for the employer to arrange for
payment of the amount due in such paycheck (or other payment
form), such amounts shall be paid as soon as practicable, but
in no event later than the second paycheck (or other payment
form) following the receipt of the grant by the essential work
employer.
(4) No employer discretion.--An essential work employer
receiving a grant under section 104 shall not have any
discretion to determine which portions of work performed by an
essential worker qualify for premium pay under this subsection,
but shall pay such premium pay for any increment of time worked
by the essential worker for the essential work employer up to
the maximum amount applicable to the essential worker under
paragraph (2).
(c) Prohibition on Reducing Compensation and Displacement.--
(1) In general.--Any payments made to an essential worker
as premium pay under subsection (b) shall be in addition to all
other compensation, including all wages, remuneration, or other
pay and benefits, that the essential worker otherwise receives
from the essential work employer.
(2) Reduction of compensation.--An essential work employer
receiving a grant under section 104 shall not, during the
period beginning on the date of enactment of this Act and
ending on the date that is 60 days after the last day of the
COVID-19 Public Health Emergency, reduce or in any other way
diminish, any other compensation, including the wages,
remuneration, or other pay or benefits, that the essential work
employer provided to the essential worker on the day before the
date of enactment of this Act.
(3) Displacement.--An essential work employer shall not
take any action to displace an essential worker (including
partial displacement such as a reduction in hours, wages, or
employment benefits) for purposes of hiring an individual for
an equivalent position at a rate of compensation that is less
than is required to be provided to an essential worker under
paragraph (2).
(d) Demarcation From Other Compensation.--The amount of any premium
pay paid under subsection (b) shall be clearly demarcated as a separate
line item in each paystub or other document provided to an essential
worker that details the remuneration the essential worker received from
the essential work employer for a particular period of time. If any
essential worker does not otherwise regularly receive any such paystub
or other document from the employer, the essential work employer shall
provide such paystub or other document to the essential worker for the
duration of the period in which the essential work employer provides
premium pay under subsection (b).
(e) Exclusion From Wage-based Calculations.--Any premium pay under
subsection (b) paid to an essential worker under this section by an
essential work employer receiving a grant under section 104 shall be
excluded from the amount of remuneration for work paid to the essential
worker for purposes of--
(1) calculating the essential worker's eligibility for any
wage-based benefits offered by the essential work employer;
(2) computing the regular rate at which such essential
worker is employed under section 7 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 207); and
(3) determining whether such essential worker is exempt
from application of such section 7 under section 13(a)(1) of
such Act (29 U.S.C. 213(a)(1)).
(f) Essential Worker Death.--
(1) In general.--In any case in which an essential worker
of an essential work employer receiving a grant under section
104 exhibits symptoms of COVID-19 and dies, the essential work
employer shall pay as a lump sum to the next of kin of the
essential worker for premium pay under subsection (b)--
(A) for an essential worker who is not a highly-
compensated essential worker, the amount determined
under subsection (b)(2)(A) minus the total amount of
any premium pay the worker received under subsection
(b) prior to the death; or
(B) for a highly-compensated essential worker, the
amount determined under subsection (b)(2)(B) minus the
amount of any premium pay the worker received under
subsection (b) prior to the death.
(2) Treatment of lump sum payments.--
(A) Treatment as premium pay.--For purposes of this
title, any payment made under this subsection shall be
treated as a premium pay under subsection (b).
(B) Treatment for purposes of internal revenue code
of 1986.--For purposes of the Internal Revenue Code of
1986, any payment made under this subsection shall be
treated as a payment for work performed by the
essential worker.
(g) Application to Self-directed Care Workers Funded Through
Medicaid or the Veteran-Directed Care Program.--
(1) Medicaid.--In the case of an essential work employer
receiving a grant under section 104 that is a covered employer
described in section 101(3)(C)(i)(V) who, under a State
Medicaid plan under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) or under a waiver of such plan, has opted
to receive items or services using a self-directed service
delivery model, the preceding requirements of this section,
including the requirements to provide premium pay under
subsection (b) (including a lump sum payment in the event of an
essential worker death under subsection (f)) and the
requirements of sections 104 and 105, shall apply to the State
Medicaid agency responsible for the administration of such plan
or waiver with respect to self-directed care workers employed
by that employer. In administering payments made under this
title to such self-directed care workers on behalf of such
employers, a State Medicaid agency shall--
(A) exclude and disregard any payments made under
this title to such self-directed workers from the
individualized budget that applies to the items or
services furnished to the individual client employer
under the State Medicaid plan or waiver;
(B) to the extent practicable, administer and
provide payments under this title directly to such
self-directed workers through arrangements with
entities that provide financial management services in
connection with the self-directed service delivery
models used under the State Medicaid plan or waiver;
and
(C) ensure that individual client employers of such
self-directed workers are provided notice of, and
comply with, the prohibition under section
105(b)(1)(B).
(2) Veteran-directed care program.--In the case of an
essential work employer that is a covered employer described in
section 101(3)(C)(i)(V) who is a veteran participating in the
Veteran Directed Care program administered by the VA Office of
Geriatrics & Extended Care of the Veterans Health
Administration, the preceding requirements of this section and
sections 104 and 105, shall apply to such VA Office of
Geriatrics & Extended Care with respect to self-directed care
workers employed by that employer. Paragraph (1) of this
subsection shall apply to the administration by the VA Office
of Geriatrics & Extended Care of payments made under this title
to such self-directed care workers on behalf of such employers
in the same manner as such requirements apply to State Medicaid
agencies.
(3) Penalty enforcement.--The Secretary of Labor shall
consult with the Secretary of Health and Human Services and the
Secretary of Veterans Affairs regarding the enforcement of
penalties imposed under section 105(b)(2) with respect to
violations of subparagraph (A) or (B) of section 105(b)(1) that
involve self-directed workers for which the requirements of
this section and sections 104 and 105 are applied to a State
Medicaid agency under paragraph (1) or the VA Office of
Geriatrics & Extended Care under paragraph (2).
(h) Interaction With Stafford Act.--Nothing in this section shall
nullify, supersede, or otherwise change a State's ability to seek
reimbursement under section 403 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170b) for the costs of
premium pay based on pre-disaster labor policies for eligible
employees.
(i) Calculation of Paid Leave Under FFCRA and FMLA.--
(1) Families first coronavirus response act.--Section
5110(5)(B) of the Families First Coronavirus Response Act (29
U.S.C. 2601 note) is amended by adding at the end the
following:
``(iii) Pandemic premium pay.--Compensation
received by an employee under section 102(b) of
the COVID-19 Heroes Fund Act of 2020 shall be
included as remuneration for employment paid to
the employee for purposes of computing the
regular rate at which such employee is
employed.''.
(2) Family and medical leave act of 1993.--Section
110(b)(2)(B) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2620(b)(2)(B)) is amended by adding at the end the
following:
``(iii) Pandemic premium pay.--Compensation
received by an employee under section 102(b) of
the COVID-19 Heroes Fund Act of 2020 shall be
included as remuneration for employment paid to
the employee for purposes of computing the
regular rate at which such employee is
employed.''.
SEC. 170103. COVID-19 HEROES FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``COVID-19 Heroes Fund''
(referred to in this section as the ``Fund''), consisting of amounts
appropriated to the fund under section 107.
(b) Fund Administration.--The Fund shall be administered by the
Secretary of the Treasury.
(c) Use of Funds.--Amounts in the Fund shall be available to the
Secretary of the Treasury for carrying out section 104.
SEC. 170104. COVID-19 HEROES FUND GRANTS.
(a) Grants.--
(1) For pandemic premium pay.--The Secretary of the
Treasury shall award a grant to each essential work employer
that applies for a grant, in accordance with this section, for
the purpose of providing premium pay to essential workers under
section 102(b), including amounts paid under section 102(f).
(2) Eligibility.--
(A) Eligible employers generally.--Any essential
work employer shall be eligible for a grant under
paragraph (1).
(B) Self-directed care workers.--A self-directed
care worker employed by an essential work employer
other than an essential work employer described in
section 102(g), shall be eligible to apply for a grant
under paragraph (1) in the same manner as an essential
work employer. Such a worker shall provide premium pay
to himself or herself in accordance with this section,
including the recordkeeping and refund requirements of
this section.
(b) Amount of Grants.--
(1) In general.--The maximum amount available for making a
grant under subsection (a)(1) to an essential work employer
shall be equal to the sum of--
(A) the amount obtained by multiplying $10,000 by
the number of essential workers the employer certifies,
in the application submitted under subsection (c)(1),
as employing, or providing remuneration to for services
or labor, who are paid wages or remuneration by the
employer at a rate that is less than the equivalent of
$200,000 per year; and
(B) the amount obtained by multiplying $5,000 by
the number of highly-compensated essential workers the
employer certifies, in the application submitted under
subsection (c)(1), as employing, or providing
remuneration to for services or labor, who are paid
wages or remuneration by the employer at a rate that is
equal to or greater than the equivalent of $200,000 per
year.
(2) No partial grants.--The Secretary of the Treasury shall
not award a grant under this section in an amount less than the
maximum described in paragraph (1).
(c) Grant Application and Disbursal.--
(1) Application.--Any essential work employer seeking a
grant under subsection (a)(1) shall submit an application to
the Secretary of the Treasury at such time, in such manner, and
complete with such information as the Secretary may require.
(2) Notice and certification.--
(A) In general.--The Secretary of the Treasury
shall, within 15 days after receiving a complete
application from an essential work employer eligible
for a grant under this section--
(i) notify the employer of the Secretary's
findings with respect to the requirements for
the grant; and
(ii)(I) if the Secretary finds that the
essential work employer meets the requirements
under this section for a grant under subsection
(a), provide a certification to the employer--
(aa) that the employer has met such
requirements;
(bb) of the amount of the grant
payment that the Secretary has
determined the employer shall receive
based on the requirements under this
section; or
(II) if the Secretary finds that the
essential work employer does not meet the
requirements under this section for a grant
under subsection (a), provide a notice of
denial stating the reasons for the denial and
provide an opportunity for administrative
review by not later than 10 days after the
denial.
(B) Transfer.--Not later than 7 days after making a
certification under subparagraph (A)(ii) with respect
to an essential work employer, the Secretary of the
Treasury shall make the appropriate transfer to the
employer of the amount of the grant.
(d) Use of Funds.--
(1) In general.--An essential work employer receiving a
grant under this section shall use the amount of the grant
solely for the following purposes:
(A) Providing premium pay under section 102(b) to
essential workers in accordance with the requirements
for such payments under such section, including
providing payments described in section 102(f) to the
next of kin of essential workers in accordance with the
requirements for such payments under such section.
(B) Paying employer payroll taxes with respect to
premium pay amounts described in subparagraph (A),
including such payments described in section 102(f).
Each dollar of a grant received by an essential work employer
under this title shall be used as provided in subparagraph (A)
or (B) or returned to the Secretary of the Treasury.
(2) No other uses authorized.--An essential work employer
who uses any amount of a grant for a purpose not required under
paragraph (1) shall be--
(A) considered to have misused funds in violation
of section 102; and
(B) subject to the enforcement and remedies
provided under section 105.
(3) Refund.--
(A) In general.--If an essential work employer
receives a grant under this section and, for any
reason, does not provide every dollar of such grant to
essential workers in accordance with the requirements
of this title, then the employer shall refund any such
dollars to the Secretary of the Treasury not later than
June 30, 2021. Any amounts returned to the Secretary
shall be deposited into the Fund and be available for
any additional grants under this section.
(B) Requirement for not reducing compensation.--An
essential work employer who is required to refund any
amount under this paragraph shall not reduce or
otherwise diminish an eligible worker's compensation or
benefits in response to or otherwise due to such
refund.
(e) Recordkeeping.--An essential work employer that receives a
grant under this section shall--
(1) maintain records, including payroll records,
demonstrating how each dollar of funds received through the
grant were provided to essential workers; and
(2) provide such records to the Secretary of the Treasury
or the Secretary of Labor upon the request of either such
Secretary.
(f) Recoupment.--In addition to all other enforcement and remedies
available under this title or any other law, the Secretary of the
Treasury shall establish a process under which the Secretary shall
recoup the amount of any grant awarded under subsection (a)(1) if the
Secretary determines that the essential work employer receiving the
grant--
(1) did not provide all of the dollars of such grant to the
essential workers of the employer;
(2) did not, in fact, have the number of essential workers
certified by the employer in accordance with subparagraphs (A)
and (B) of subsection (b)(1);
(3) did not pay the essential workers for the number of
hours the employer claimed to have paid; or
(4) otherwise misused funds or violated this title.
(g) Special Rule for Certain Employees of Tribal Employers.--
Essential workers of Tribal employers who receive funds under title II
shall not be eligible to receive funds from grants under this section.
(h) Tax Treatment.--
(1) Exclusion from income.--For purposes of the Internal
Revenue Code of 1986, any grant received by an essential work
employer under this section shall not be included in the gross
income of such essential work employer.
(2) Denial of double benefit.--
(A) In general.--In the case of an essential work
employer that receives a grant under this section--
(i) amounts paid under subsections (b) or
(f) of section 102 shall not be taken into
account as wages for purposes of sections 41,
45A, 51, or 1396 of the Internal Revenue Code
of 1986 or section 2301 of the CARES Act
(Public Law 116-136); and
(ii) any deduction otherwise allowable
under such Code for applicable payments during
any taxable year shall be reduced (but not
below zero) by the excess (if any) of--
(I) the aggregate amounts of grants
received under this section; over
(II) the sum of any amount refunded
under subsection (d) plus the aggregate
amount of applicable payments made for
all preceding taxable years.
(B) Applicable payments.--For purposes of this
paragraph, the term ``applicable payments'' means
amounts paid as premium pay under subsections (b) or
(f) of section 102 and amounts paid for employer
payroll taxes with respect to such amounts.
(C) Aggregation rule.--Rules similar to the rules
of subsections (a) and (b) of section 52 of the
Internal Revenue Code of 1986 shall apply for purposes
of this section.
(3) Information reporting.--The Secretary of the Treasury
shall submit to the Commissioner of Internal Revenue statements
containing--
(A) the name and tax identification number of each
essential work employer receiving a grant under this
section;
(B) the amount of such grant; and
(C) any amounts refunded under section (d)(3).
(i) Reports.--
(1) In general.--Not later than 30 days after obligating
the last dollar of the funds appropriated under this title, the
Secretary of the Treasury shall submit a report, to the
Committees of Congress described in paragraph (2), that--
(A) certifies that all funds appropriated under
this title have been obligated; and
(B) indicates the number of pending applications
for grants under this section that will be rejected due
to the lack of funds.
(2) Committees of congress.--The Committees of Congress
described in this paragraph are--
(A) the Committee on Ways and Means of the House of
Representatives;
(B) the Committee on Education and Labor of the
House of Representatives;
(C) the Committee on Finance of the Senate; and
(D) the Committee on Health, Education, Labor, and
Pensions of the Senate.
SEC. 170105. ENFORCEMENT AND OUTREACH.
(a) Duties of Secretary of Labor.--The Secretary of Labor shall--
(1) have authority to enforce the requirements of section
102, in accordance with subsections (b) through (e);
(2) conduct outreach as described in subsection (f); and
(3) coordinate with the Secretary of the Treasury as needed
to carry out the Secretary of Labor's responsibilities under
this section.
(b) Prohibited Acts, Penalties, and Enforcement.--
(1) Prohibited acts.--It shall be unlawful for a person
to--
(A) violate any provision of section 102 applicable
to such person; or
(B) discharge or in any other manner discriminate
against any essential worker because such essential
worker has filed any complaint or instituted or caused
to be instituted any proceeding under or related to
this title, or has testified or is about to testify in
any such proceeding.
(2) Enforcement and penalties.--
(A) Premium pay violations.--A violation described
in paragraph (1)(A) shall be deemed a violation of
section 7 of the Fair Labor Standards Act of 1938 (29
U.S.C. 207) and unpaid amounts required under this
section shall be treated as unpaid overtime
compensation under such section 7 for the purposes of
sections 15 and 16 of such Act (29 U.S.C. 215 and 216).
(B) Discharge or discrimination.--A violation of
paragraph (1)(B) shall be deemed a violation of section
15(a)(3) of the Fair Labor Standards Act of 1938 (29
U.S.C. 215(a)(3)).
(c) Investigation.--
(1) In general.--To ensure compliance with the provisions
of section 102, including any regulation or order issued under
that section, the Secretary of Labor shall have the
investigative authority provided under section 11(a) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)). For the
purposes of any investigation provided for in this subsection,
the Secretary of Labor shall have the subpoena authority
provided for under section 9 of such Act (29 U.S.C. 209).
(2) State agencies.--The Secretary of Labor may, for the
purpose of carrying out the functions and duties under this
section, utilize the services of State and local agencies in
accordance with section 11(b) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 211(b)).
(d) Essential Worker Enforcement.--
(1) Right of action.--An action alleging a violation of
paragraph (1) or (2) of subsection (b) may be maintained
against an essential work employer receiving a grant under
section 104 in any Federal or State court of competent
jurisdiction by one or more essential workers or their
representative for and on behalf of the essential workers, or
the essential workers and others similarly situated, in the
same manner, and subject to the same remedies (including
attorney's fees and costs of the action), as an action brought
by an employee alleging a violation of section 7 or 15(a)(3),
respectively, of the Fair Labor Standards Act of 1938 (29
U.S.C. 207, 215(a)(3)).
(2) No waiver.--In an action alleging a violation of
paragraph (1) or (2) of subsection (b) brought by one or more
essential workers or their representative for and on behalf of
the persons as described in paragraph (1), to enforce the
rights in section 102, no court of competent jurisdiction may
grant the motion of an essential work employer receiving a
grant under section 104 to compel arbitration, under chapter 1
of title 9, United States Code, or any analogous State
arbitration statute, of the claims involved. An essential
worker's right to bring an action described in paragraph (1) or
subsection (b)(2)(A) on behalf of similarly situated essential
workers to enforce such rights may not be subject to any
private agreement that purports to require the essential
workers to pursue claims on an individual basis.
(e) Recordkeeping.--An essential work employer receiving a grant
under section 104 shall make, keep, and preserve records pertaining to
compliance with section 102 in accordance with section 11(c) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) and in accordance
with regulations prescribed by the Secretary of Labor.
(f) Outreach and Education.--Out of amounts appropriated to the
Secretary of the Treasury under section 107 for a fiscal year, the
Secretary of the Treasury shall transfer, to the Secretary of Labor, an
amount equal to 0.50 percent of such funds, of which the Secretary of
Labor shall use--
(1) 0.25 percent of such funds for outreach to essential
work employers and essential workers regarding the premium pay
under section 102; and
(2) 0.25 percent of such funds to implement an advertising
campaign encouraging large essential work employers to provide
the same premium pay provided for by section 102 using the
large essential work employers' own funds and without utilizing
grants under this title.
(g) Clarification of Enforcing Official.--Nothing in the Government
Employee Rights Act of 1991 (42 U.S.C. 2000e-16a et seq.) or section
3(e)(2)(C) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)(2)(C)) shall be construed to prevent the Secretary of Labor from
carrying out the authority of the Secretary under this section in the
case of State employees described in section 304(a) of the Government
Employee Rights Act of 1991 (42 U.S.C. 2000e-16c(a)).
SEC. 170106. FUNDING FOR THE DEPARTMENT OF THE TREASURY OFFICE OF
INSPECTOR GENERAL.
There is appropriated, out of money in the Treasury not otherwise
appropriated, to the Office of the Inspector General of the Department
of the Treasury, $1,000,000 to carry out audits, investigations, and
other oversight activities authorized under the Inspector General Act
of 1978 (5 U.S.C. App.) that are related to the provisions of, and
amendments made by, this title, to remain available until December 31,
2022.
SEC. 170107. AUTHORIZATION AND APPROPRIATIONS.
There is authorized to be appropriated, and there is hereby
appropriated, $180,000,000,000 to carry out this title, to remain
available until expended, to carry out this title.
TITLE II--PROVISIONS RELATING TO FEDERAL EMPLOYEES AND COVID-19
SEC. 170201. DEFINITIONS.
In this title--
(1) the term ``agency''--
(A) means--
(i) each agency, office, or other
establishment in the executive, legislative, or
judicial branch of the Federal Government,
including--
(I) an Executive agency, as that
term is defined in section 105 of title
5, United States Code;
(II) a military department, as that
term is defined in section 102 of title
5, United States Code;
(III) the Federal Aviation
Administration;
(IV) the Transportation Security
Administration;
(V) the Department of Veterans
Affairs; and
(VI) the Government Accountability
Office;
(ii) the District of Columbia courts and
the District of Columbia Public Defender
Service; and
(iii)(I) an Indian tribe or tribal
organization carrying out a contract or compact
under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5301 et
seq.);
(II) an Indian tribe or tribal organization
that receives a grant under the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501
et seq.); and
(III) an urban Indian organization that
receives a grant or carries out a contract
under title V of the Indian Health Care
Improvement Act (25 U.S.C. 1651 et seq.); and
(B) does not include--
(i) the United States Postal Service or the
Postal Regulatory Commission; or
(ii) a nonappropriated fund instrumentality
under the jurisdiction of the Armed Forces;
(2) the term ``covered duty''--
(A) means duty that requires--
(i) an employee to have regular or routine
contact with the public; or
(ii) the reporting of an employee to a
worksite at which--
(I) social distancing is not
possible, consistent with the regularly
assigned duties of the position of the
employee; and
(II) other preventative measures
with respect to COVID-19 are not
available; and
(B) does not include duty that an employee performs
while teleworking from a residence;
(3) the term ``covered period'' means the period beginning
on the date on which the Secretary of Health and Human Services
declared a public health emergency under section 319 of the
Public Health Service Act (42 U.S.C. 247d) with respect to
COVID-19 and ending on the date that is 60 days after the date
on which that public health emergency terminates; and
(4) the term ``employee''--
(A) means an employee of an agency;
(B) includes--
(i) any employee of an agency who occupies
a position within the General Schedule under
subchapter III of chapter 53 of title 5, United
States Code;
(ii) any employee of an agency whose pay is
fixed and adjusted from time to time in
accordance with prevailing rates under
subchapter IV of chapter 53 of title 5, United
States Code, or by a wage board or similar
administrative authority serving the same
purpose;
(iii) an official or employee of an Indian
tribe, tribal organization, or urban Indian
organization described in paragraph
(1)(A)(iii);
(iv) each employee of the Department of
Veterans Affairs, including an employee
appointed under chapter 74 of title 38, United
States Code, without regard to whether section
7421(a) of that title, section 7425(b) of that
title, or any other provision of chapter 74 of
that title is inconsistent with that inclusion;
and
(v) any other individual occupying a
position in the civil service, as that term is
defined in section 2101 of title 5, United
States Code; and
(C) does not include--
(i) a member of the uniformed services, as
that term is defined in section 2101 of title
5, United States Code;
(ii) an employee of an agency who occupies
a position within the Executive Schedule under
any of sections 5312 through 5316 of title 5,
United States Code;
(iii) an individual in a Senior Executive
Service position, unless the individual is a
career appointee, as those terms are defined in
section 3132(a) of title 5, United States Code;
(iv) an individual serving in a position of
a confidential or policy-determining character
under Schedule C of subpart C of part 213 of
title 5, Code of Federal Regulations, or any
successor regulations;
(v) a member of the Senate or House of
Representatives, a Delegate to the House of
Representatives, or the Resident Commissioner
from Puerto Rico; or
(vi) an employee of the personal office of
an individual described in clause (v), of a
leadership office of the Senate or the House of
Representatives, of a committee of the Senate
or the House of Representatives, or of a joint
committee of Congress.
SEC. 170202. PANDEMIC DUTY DIFFERENTIAL.
(a) In General.--There is established a schedule of pay
differentials for covered duty as follows:
(1) An employee is entitled to pay for that covered duty at
the rate of basic pay, which includes any differential or other
premium pay paid for regularly scheduled work of the employee
other than the differential established under this section, of
the employee plus premium pay of $13 per hour.
(2) The total amount of premium pay paid to an employee
under paragraph (1) shall be--
(A) with respect to an employee whose annual rate
of basic pay is less than $200,000, not more than
$10,000 reduced by employer payroll taxes (as defined
in section 101(4)) with respect to such premium pay;
and
(B) with respect to an employee whose annual rate
of basic pay is not less than $200,000, not more than
$5,000 reduced by employer payroll taxes (as so
defined) with respect to such premium pay.
(b) Pay.--
(1) In general.--With respect to the covered period, an
employee is entitled to be paid the applicable differential
established under subsection (a) for any period, including any
period during the covered period that precedes the date of
enactment of this Act, in which the employee is carrying out
covered duty, subject to the applicable limitations under that
subsection.
(2) Retroactive payment.--With respect to a payment earned
by an employee under this section for a period during the
covered period that precedes the date of enactment of this Act,
the employee shall be paid that payment in a lump sum payment
as soon as is practicable after that date of enactment.
(c) Guidance and Regulations.--
(1) Executive branch.--
(A) In general.--The Office of Personnel Management
shall develop criteria for agencies in the executive
branch of the Federal Government regarding the means by
which to determine the eligibility of an employee in
such an agency for the pay differential established
under this section, which shall--
(i) be based on--
(I) the duties performed by the
employee;
(II) the setting in which the
employee performs the duties described
in subclause (I); and
(III) the interactions with the
public required in order for the
employee to perform the duties
described in subclause (I); and
(ii) apply equally to all such agencies.
(B) Regulations.--The Office of Personnel
Management may prescribe regulations implementing the
pay differential under this section with respect to
employees in the executive branch of the Federal
Government.
(2) Other branches, certain dc employees, and certain
tribal officials.--
(A) In general.--The employing authority for each
agency that is not in the executive branch of the
Federal Government--
(i) shall develop criteria regarding the
means by which to determine the eligibility of
an employee in such an agency for the pay
differential established under this section;
and
(ii) may prescribe regulations implementing
the pay differential under this section with
respect to employees in the applicable agency.
(B) Consistency with opm guidance and
regulations.--Any criteria developed, and regulations
prescribed, by an agency under subparagraph (A) shall,
to the extent practicable, be comparable to any
criteria developed and regulations prescribed by the
Office of Personnel Management under paragraph (1).
SEC. 170203. LIMITATION ON PREMIUM PAY.
(a) In General.--Notwithstanding subsections (a) and (b) of section
5547 of title 5, United States Code, or a provision of any other
Federal, State, or Tribal law that imposes a limitation on the amount
of premium pay (including any premium pay paid under section 202 and
any overtime pay paid for covered duty) that may be payable to an
employee, an employee may be paid such premium pay to the extent that
the payment does not cause the aggregate of basic pay and such premium
pay for service performed in that calendar year by that employee to
exceed the annual rate of basic pay payable for level II of the
Executive Schedule, as of the end of the calendar year.
(b) Applicability of Aggregate Limitation on Pay.--In determining
whether a payment to an employee is subject to the limitation under
section 5307(a) of title 5, United States Code, a payment described in
subsection (a) shall not apply.
(c) Applicability of CARES Act.--The authority provided under this
section shall be considered to be in addition to, and not a replacement
for, the authority provided under section 18110 of title VIII of the
CARES Act (Public Law 116-136).
(d) Retroactive Effect.--This section shall take effect as if
enacted on the date on which the covered period began.
SEC. 170204. AUTHORIZATION AND APPROPRIATION.
There is authorized to be appropriated, and there is hereby
appropriated, out of any money in the Treasury not otherwise
appropriated, $10,000,000,000, to remain available until expended, for
the offices and agencies described in subsection (b) of this section to
carry out section 170202 and section 170203 of this title and to make
transfers authorized under subsection (a) of this section.
(a) Offices and Agencies.--The offices and agencies described in
this subsection are--
(1) the Office of the Sergeant at Arms and Doorkeeper of
the Senate;
(2) the Office of the Clerk of the House of
Representatives;
(3) the Office of the Sergeant at Arms of the House of
Representatives;
(4) the Office of the Chief Administrative Officer of the
House of Representatives;
(5) the Office of the Attending Physician;
(6) the Capitol Police;
(7) the Office of the Architect of the Capitol;
(8) the Library of Congress;
(9) the Government Publishing Office;
(10) the Government Accountability Office;
(11) the Office of Personnel Management;
(12) the Administrative Office of the United States Courts;
and
(13) the District of Columbia Courts.
(b) Transfer Authority.--
(1) OPM.--The Office of Personnel Management may transfer
funds made available under this section to other Federal
agencies within the executive branch to reimburse such agencies
for costs incurred to implement this title.
(2) AOUSC.--The Administrative Office of the United States
Courts may transfer funds made available under this section to
other entities within the judicial branch to reimburse the
entities for costs incurred to implement this title.
(3) DC courts.--The District of Columbia Courts may
transfer funds made available under this section to the
District of Columbia Public Defender Service to reimburse the
agency for costs incurred to implement this title.
TITLE III--COORDINATION OF BENEFITS WITH OTHER PROGRAMS AND LAWS
SEC. 170301. COORDINATION WITH OTHER BENEFITS.
(a) Disregard for Purposes of Federal and State Programs.--Any
payment provided under this Act shall not be regarded as income and
shall not be regarded as a resource for the month of receipt and the
following 12 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.
(b) Amounts Not Taken Into Account for Purposes of Premium Tax
Credit.--
(1) In general.--For purposes of determining modified
adjusted gross income under section 36B(d)(2)(B) of the
Internal Revenue Code of 1986, adjusted gross income shall be
reduced by any amounts received under subsection (b), including
pursuant to subsection (f), of section 170102 or by reason of
section 170202.
(2) Exception.--Paragraph (1) shall not apply to the extent
such reduction results in an amount of household income (as
defined in section 36B(d)(2)(A) of such Code) of a taxpayer
that is less than 100 percent of the poverty line (as defined
in section 36B(d)(3) of such Code) for a family of the size
involved (as determined under the rules of section 36B(d)(1) of
such Code).
(3) Reporting.--
(A) In general.--Any employer that makes an
applicable payment during a calendar year shall include
as a separately stated item on any written statement
required under section 6051 of the Internal Revenue
Code of 1986 or any return or statement required by the
Secretary of the Treasury (or the Secretary's delegate)
with respect to nonemployee compensation the aggregate
amount of each type of applicable payments so made.
(B) Applicable payments.--For purposes of this
paragraph, the term ``applicable payments'' means--
(i) amounts paid as premium pay under
section 170102(b), including amounts paid
pursuant to section 170102(f); and
(ii) amounts paid by reason of section
170202.
(c) Employment Tax Treatment for Amounts Paid Through Grants.--
(1) In general.--For purposes of section 3111(a) of the
Internal Revenue Code of 1986, any amounts required to be paid
by reason of this Act shall not be considered wages.
(2) Railroad retirement taxes.--For purposes of section
3221(a) of the Internal Revenue Code of 1986, the amount of tax
imposed under such section for any calendar year in which an
employer is required to pay amounts under this Act shall be
equal to the sum of--
(A) the product of the rate in effect under section
3111(a) of such Code and the compensation (reduced by
any amounts required to be paid by reason of this Act)
paid during any calendar year by such employer for
services rendered to such employer; and
(B) the product of the rate in effect under section
3111(b) of such Code and the compensation paid during
any calendar year by such employer for services
rendered to such employer.
(3) Self-employed individuals.--
(A) In general.--In the case of the tax imposed by
section 1401(a) of the Internal Revenue Code of 1986,
the self-employment income for any taxable year in
which the individual received a payment required to be
made under this Act shall be reduced by 50 percent of
the amount of payments so made.
(B) Regulatory authority.--The Secretary of the
Treasury (or the Secretary's delegate) shall prescribe
regulations or other guidance for the application of
sections 164(f) and 1402(a)(12) of the Internal Revenue
Code of 1986 with respect to amounts to which
subparagraph (A) applies.
(4) Transfers to trust funds.--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. 231n-1(a)) amounts equal to the reduction in
revenues to the Treasury by reason of this subsection (without
regard to this paragraph). 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.
SEC. 170302. CLARIFICATION OF COORDINATION WITH OTHER LAWS.
(a) Essential Workers Rights and Benefits.--Nothing in this Act
shall be construed to allow noncompliance with or in any way to
diminish, and shall instead be construed to be in addition to, the
rights or benefits that an essential worker is entitled to under any--
(1) Federal, State, or local law, including regulation;
(2) collective bargaining agreement; or
(3) employer policy.
(b) Title 5.--Nothing in this Act shall be construed to affect the
application of the provisions of sections 5343 or 5545 of title 5,
United States Code, with respect to pay differentials for duty
involving unusual physical hardship or hazard, or environmental
differentials.
SEC. 170303. APPLICABILITY OF FAIR LABOR STANDARDS ACT OF 1938 TO
SOVEREIGN TRIBAL EMPLOYERS.
The receipt of any funds through a grant under section 104, or any
funds under title II, by a sovereign Tribal employer, as defined in
section 101(12), shall not expand, constrict, or alter the application
of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) to such
sovereign Tribal employer.
DIVISION R--CHILD NUTRITION AND RELATED PROGRAMS
SEC. 180001. SHORT TITLE.
This division may be cited as the ``Child Nutrition and Related
Programs Recovery Act''.
SEC. 180002. EMERGENCY COSTS FOR CHILD NUTRITION PROGRAMS DURING COVID-
19 PANDEMIC.
(a) Use of Certain Appropriations to Cover Emergency Operational
Costs Under School Meal Programs.--
(1) In general.--
(A) Required allotments.--Notwithstanding any other
provision of law, the Secretary shall allocate to each
State that participates in the reimbursement program
under paragraph (3) such amounts as may be necessary to
carry out reimbursements under such paragraph for each
reimbursement month, including, subject to paragraph
(4)(B), administrative expenses necessary to make such
reimbursements.
(B) Guidance with respect to program.--Not later
than 10 days after the date of the enactment of this
section, the Secretary shall issue guidance with
respect to the reimbursement program under paragraph
(3).
(2) Reimbursement program application.--To participate in
the reimbursement program under paragraph (3), not later than
30 days after the date described in paragraph (1), a State
shall submit an application to the Secretary that includes a
plan to calculate and disburse reimbursements under the
reimbursement program under paragraph (3).
(3) Reimbursement program.--Using the amounts allocated
under paragraph (1)(A), a State participating in the
reimbursement program under this paragraph shall make
reimbursements for emergency operational costs for each
reimbursement month as follows:
(A) For each new school food authority in the State
for the reimbursement month, an amount equal to 55
percent of the amount equal to--
(i) the average monthly amount such new
school food authority was reimbursed under the
reimbursement sections for meals and
supplements served by such new school food
authority during the alternate period; minus
(ii) the amount such new school food
authority was reimbursed under the
reimbursement sections for meals and
supplements served by such new school food
authority during such reimbursement month.
(B) For each school food authority not described in
subparagraph (A) in the State for the reimbursement
month, an amount equal to 55 percent of--
(i) the amount such school food authority
was reimbursed under the reimbursement sections
for meals and supplements served by such school
food authority for the month beginning one year
before such reimbursement month; minus
(ii) the amount such school food authority
was reimbursed under the reimbursement sections
for meals and supplements served by such school
food authority during such reimbursement month.
(4) Treatment of funds.--
(A) Availability.--Funds allocated to a State under
paragraph (1)(A) shall remain available until March 30,
2021.
(B) Administrative expenses.--A State may reserve
not more than 1 percent of the funds allocated under
paragraph (1)(A) for administrative expenses to carry
out this subsection.
(C) Unexpended balance.--On September 30, 2021, any
amounts allocated to a State under paragraph (1)(A) or
reimbursed to a school food authority or new school
food authority under paragraph (3) that are unexpended
by such State, school food authority, or new school
food authority shall revert to the Secretary.
(5) Reports.--Each State that carries out a reimbursement
program under paragraph (3) shall, not later than September 30,
2021, submit a report to the Secretary that includes a summary
of the use of such funds by the State and each school food
authority and new school food authority in such State.
(b) Use of Certain Appropriations to Cover Child and Adult Care
Food Program Child Care Operational Emergency Costs During COVID-19
Pandemic.--
(1) In general.--
(A) Required allotments.--Notwithstanding any other
provision of law, the Secretary shall allocate to each
State that participates in the reimbursement program
under paragraph (3) such amounts as may be necessary to
carry out reimbursements under such paragraph for each
reimbursement month, including, subject to paragraph
(4)(C), administrative expenses necessary to make such
reimbursements.
(B) Guidance with respect to program.--Not later
than 10 days after the date of the enactment of this
section, the Secretary shall issue guidance with
respect to the reimbursement program under paragraph
(3).
(2) Reimbursement program application.--To participate in
the reimbursement program under paragraph (3), not later than
30 days after the date described in paragraph (1), a State
shall submit an application to the Secretary that includes a
plan to calculate and disburse reimbursements under the
reimbursement program under paragraph (3).
(3) Reimbursement amount.--Using the amounts allocated
under paragraph (1)(A), a State participating in the
reimbursement program under this paragraph shall make
reimbursements for child care operational emergency costs for
each reimbursement month as follows:
(A) For each new covered institution in the State
for the reimbursement month, an amount equal to 55
percent of--
(i) the average monthly amount such covered
institution was reimbursed under subsection (c)
and subsection (f) of section 17 of the Richard
B. Russell National School Lunch Act (42 U.S.C.
1766) for meals and supplements served by such
new covered institution during the alternate
period; minus
(ii) the amount such covered institution
was reimbursed under such section for meals and
supplements served by such new covered
institution during such reimbursement month.
(B) For each covered institution not described in
subparagraph (A) in the State for the reimbursement
month, an amount equal to 55 percent of--
(i) the amount such covered institution was
reimbursed under subsection (c) and subsection
(f) of section 17 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766) for
meals and supplements served by such covered
institution during the month beginning one year
before such reimbursement month; minus
(ii) the amount such covered institution
was reimbursed under such section for meals and
supplements served by such covered institution
during such reimbursement month.
(C) For each new sponsoring organization of a
family or group day care home in the State for the
reimbursement month, an amount equal to 55 percent of--
(i) the average monthly amount such new
sponsoring organization of a family or group
day care home was reimbursed under section
17(f)(3)(B) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766(f)(3)(B)) for
administrative funds for the alternate period;
minus
(ii) the amount such new sponsoring
organization of a family or group day care home
was reimbursed under such section for
administrative funds for the reimbursement
month.
(D) For each sponsoring organization of a family or
group day care home not described in subparagraph (C)
in the State for the reimbursement month, an amount
equal to 55 percent of--
(i) the amount such sponsoring organization
of a family or group day care home was
reimbursed under section 17(f)(3)(B) of the
Richard B. Russell National School Lunch Act
(42 U.S.C. 1766(f)(3)(B)) for administrative
funds for the month beginning one year before
such reimbursement month; minus
(ii) the amount such sponsoring
organization of a family or group day care home
was reimbursed under such section for
administrative funds for such reimbursement
month.
(4) Treatment of funds.--
(A) Availability.--Funds allocated to a State under
paragraph (1)(A) shall remain available until March 30,
2021.
(B) Unaffiliated center.--In the case of a covered
institution or a new covered institution that is an
unaffiliated center that is sponsored by a sponsoring
organization and receives funds for a reimbursement
month under subparagraph (A) or (B), such unaffiliated
center shall provide to such sponsoring organization an
amount of such funds as agreed to by the sponsoring
organization and the unaffiliated center, except such
amount may not be greater be than 15 percent of such
funds.
(C) Administrative expenses.--A State may reserve
not more than 1 percent of the funds allocated under
paragraph (1)(A) for administrative expenses to carry
out this subsection.
(D) Unexpended balance.--On September 30, 2021, any
amounts allocated to a State under paragraph (1)(A) or
reimbursed to a new covered institution, covered
institution, new sponsoring organization of a family or
group day care home, or sponsoring organization of a
family or group day care home that are unexpended by
such State, new covered institution, covered
institution, new sponsoring organization of a family or
group day care home, or sponsoring organization of a
family or group day care home, shall revert to the
Secretary.
(5) Reports.--Each State that carries out a reimbursement
program under paragraph (3) shall, not later than September 30,
2021, submit a report to the Secretary that includes a summary
of the use of such funds by the State and each new covered
institution, covered institution, new sponsoring organization
of a family or group day care home, or sponsoring organization
of a family or group day care home.
(c) Definitions.--In this section:
(1) Alternate period.--The term ``alternate period'' means
the period beginning January 1, 2020 and ending February 29,
2020.
(2) Emergency operational costs.--The term ``emergency
operational costs'' means the costs incurred by a school food
authority or new school food authority--
(A) during a public health emergency;
(B) that are related to the ongoing operation,
modified operation, or temporary suspension of
operation (including administrative costs) of such
school food authority or new school food authority; and
(C) except as provided under subsection (a), that
are not reimbursed under a Federal grant.
(3) Child care operational emergency costs.--The term
``child care operational emergency costs'' means the costs
under the child and adult care food program under section 17 of
the Richard B. Russell National School Lunch Act (42 U.S.C.
1766) incurred by a new covered institution, covered
institution, new sponsoring organization of a family or group
day care home, or sponsoring organization of a family or group
day care home--
(A) during a public health emergency;
(B) that are related to the ongoing operation,
modified operation, or temporary suspension of
operation (including administrative costs) of such new
covered institution, covered institution, new
sponsoring organization of a family or group day care
home, sponsoring organization of a family or group day
care home, or sponsoring organization of an
unaffiliated center; and
(C) except as provided under subsection (b), that
are not reimbursed under a Federal grant.
(4) Covered institution.--The term ``covered institution''
means--
(A) an institution (as defined in section 17(a)(2)
of the Richard B. Russell National School Lunch Act (42
U.S.C. 1766(a)(2))); and
(B) a family or group day care home.
(5) New covered institution.--The term ``new covered
institution'' means a covered institution for which no
reimbursements were made for meals and supplements under
section 17(c) or (f) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766) with respect to the previous
reimbursement period.
(6) New school food authority.--The term ``new school food
authority'' means a school food authority for which no
reimbursements were made under the reimbursement sections with
respect to the previous reimbursement period.
(7) New sponsoring organization of a family or group day
care.--The term ``new sponsoring organization of a family or
group day care'' means a sponsoring organization of a family or
group day care home for which no reimbursements for
administrative funds were made under section 17(f)(3)(B) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1766(f)(3)(B)) for the previous reimbursement period.
(8) Previous reimbursement period.--The term ``previous
reimbursement period'' means the period beginning March 1, 2019
and ending June 30, 2019.
(9) Public health emergency.--The term ``public health
emergency'' means a 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.
(10) Reimbursement month.--The term ``reimbursement month''
means March 2020, April 2020, May 2020, and June 2020.
(11) Reimbursement sections.--The term ``reimbursement
sections'' means--
(A) section 4(b), section 11(a)(2), section 13, and
section 17A(c) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1753(b); 42 U.S.C.
1759a(a)(2); 42 U.S.C. 1761; 42 U.S.C. 1766a(c)); and
(B) section 4 of the Child Nutrition Act (42 U.S.C.
1773).
(12) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(13) State.-- The term ``State'' has the meaning given such
term in section 12(d)(8) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1760(d)(8)).
SEC. 180003. AMENDMENTS TO THE PANDEMIC EBT ACT.
Section 1101 of the Families First Coronavirus Response Act (Public
Law 116-127) is amended--
(1) in subsection (a)--
(A) by striking ``fiscal year 2020'' and inserting
``fiscal years 2020 and 2021'';
(B) by striking ``during which the school would
otherwise be in session''; and
(C) by inserting ``until the school reopens'' after
``assistance'';
(2) in subsection (b)--
(A) by inserting ``and State agency plans for child
care covered children in accordance with subsection
(i)'' after ``with eligible children'';
(B) by inserting ``, a plan to enroll children who
become eligible children during a public health
emergency designation'' before ``, and issuances'';
(C) by striking ``in an amount not less than the
value of meals at the free rate over the course of 5
school days'' and inserting ``in accordance with
subsection (h)(1)''; and
(D) by inserting ``and for each child care covered
child in the household'' before the period at the end;
(3) in subsection (c), by inserting ``or child care
center'' after ``school'';
(4) by amending subsection (e) to read as follows:
``(e) Release of Information.--Notwithstanding any other provision
of law, the Secretary of Agriculture may authorize--
``(1) State educational agencies and school food
authorities administering a school lunch program under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) to release to appropriate officials administering the
supplemental nutrition assistance program such information as
may be necessary to carry out this section with respect to
eligible children; and
``(2) State agencies administering a child and adult care
food program under section 17 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766) to release to
appropriate officials administering the supplemental nutrition
assistance program such information as may be necessary to
carry out this section with respect to child care covered
children.'';
(5) by amending subsection (g) to read as follows:
``(g) Availability of Commodities.--
``(1) In general.--Subject to paragraph (2), during fiscal
year 2020, the Secretary of Agriculture may purchase
commodities for emergency distribution in any area of the
United States during a public health emergency designation.
``(2) Purchases.--Funds made available to carry out this
subsection on or after the date of the enactment of the Child
Nutrition and Related Programs Recovery Act may only be used to
purchase commodities for emergency distribution--
``(A) under commodity distribution programs and
child nutrition programs that were established and
administered by the Food and Nutrition Service on or
before the day before the date of the enactment of the
Families First Coronavirus Response Act (Public Law
116-127); or
``(B) to Tribal organizations (as defined in
section 3 of the Food and Nutrition Act of 2008 (7
U.S.C. 2012)), that are not administering the food
distribution program established under section 4(b) of
the Food and Nutrition Act of 2008 (7 U.S.C.
2013(b)).''.
(6) by redesignating subsections (h) and (i) as subsections
(l) and (m);
(7) by inserting after subsection (g) the following:
``(h) Amount of Benefits.--
``(1) In general.--A household shall receive benefits under
this section in an amount equal to 1 breakfast and 1 lunch at
the free rate for each eligible child or child care covered
child in such household for each day.
``(2) Treatment of newly eligible children.--In the case of
a child who becomes an eligible child during a public health
emergency designation, the Secretary and State agency shall--
``(A) if such child becomes an eligible child
during school year 2019-2020, treat such child as if
such child was an eligible child as of the date the
school in which the child is enrolled closed; and
``(B) if such child becomes an eligible child after
school year 2019-2020, treat such child as an eligible
child as of the first day of the month in which such
child becomes so eligible.
``(i) Child Care Covered Child Assistance.--
``(1) In general.--During fiscal years 2020 and 2021, in
any case in which a child care center is closed for at least 5
consecutive days during a public health emergency designation,
each household containing at least 1 member who is a child care
covered child attending the child care center shall be eligible
until the schools in the State in which such child care center
is located reopen, as determined by the Secretary, to receive
assistance pursuant to--
``(A) a State agency plan approved under subsection
(b) that includes--
``(i) an application by the State agency
seeking to participate in the program under
this subsection; and
``(ii) a State agency plan for temporary
emergency standards of eligibility and levels
of benefits under the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.) for households
with child care covered children; or
``(B) an addendum application described in
paragraph (2).
``(2) Addendum application.--In the case of a State agency
that submits a plan to the Secretary of Agriculture under
subsection (b) that does not include an application or plan
described in clauses (i) and (ii) of paragraph (1)(A), such
State agency may apply to participate in the program under this
subsection by submitting to the Secretary of Agriculture an
addendum application for approval that includes a State agency
plan described in such clause (ii).
``(3) Requirements for participation.--A State agency may
not participate in the program under this subsection if--
``(A) the State agency plan submitted by such State
agency under subsection (b) with respect to eligible
children is not approved by the Secretary under such
subsection; or
``(B) the State agency plan submitted by such State
agency under subsection (b) or this subsection with
respect to child care covered children is not approved
by the Secretary under either such subsection.
``(4) Automatic enrollment.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall deem a child who is less than 6 years
of age to be a child care covered child eligible to
receive assistance under this subsection if--
``(i) the household with such child attests
that such child is a child care covered child;
``(ii) such child resides in a household
that includes an eligible child;
``(iii) such child receives cash assistance
benefits under the temporary assistance for
needy families program under part A of title IV
of the Social Security Act (42 U.S.C. 601 et
seq.);
``(iv) such child receives assistance under
the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9857 et seq.);
``(v) such child is--
``(I) enrolled as a participant in
a Head Start program authorized under
the Head Start Act (42 U.S.C. 9831 et
seq.);
``(II) a foster child whose care
and placement is the responsibility of
an agency that administers a State plan
under part B or E of title IV of the
Social Security Act (42 U.S.C. 621 et
seq.);
``(III) a foster child who a court
has placed with a caretaker household;
or
``(IV) a homeless child or youth
(as defined in section 725(2) of the
McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a(2)));
``(vi) such child participates in the
special supplemental nutrition program for
women, infants, and children under section 17
of the Child Nutrition Act of 1966 (42 U.S.C.
1786);
``(vii) through the use of information
obtained by the State agency for the purpose of
participating in the supplemental nutrition
assistance program under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), the State
agency elects to treat as a child care covered
child each child less than 6 years of age who
is a member of a household that receives
supplemental nutrition assistance program
benefits under such Act; or
``(viii) the State in which such child
resides determines that such child is a child
care covered child, using State data approved
by the Secretary.
``(B) Acceptance of any form of automatic
enrollment.--
``(i) One category.--For purposes of
deeming a child to be a child care covered
child under subparagraph (A), a State agency
may not be required to show that a child meets
more than one requirement specified in clauses
(i) through (viii) of such subparagraph.
``(ii) Deeming requirement.--If a State
agency submits to the Secretary information
that a child meets any one of the requirements
specified in clauses (i) through (viii) of
subparagraph (A), the Secretary shall deem such
child a child care covered child under such
subparagraph.
``(j) Exclusions.--The provisions of section 16 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2025) relating to quality control shall
not apply with respect to assistance provided under this section.
``(k) Feasibility Analysis.--
``(1) In general.--Not later than 30 days after the date of
the enactment of the Child Nutrition and Related Programs
Recovery Act, the Secretary shall submit to the Education and
Labor Committee and the Agriculture Committee of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report on--
``(A) the feasibility of implementing the program
for eligible children under this section using an EBT
system in Puerto Rico, the Commonwealth of the Northern
Mariana Islands, and American Samoa similar to the
manner in which the supplemental nutrition assistance
program under the Food and Nutrition Act of 2008 is
operated in the States, including an analysis of---
``(i) the current nutrition assistance
program issuance infrastructure;
``(ii) the availability of--
``(I) an EBT system, including the
ability for authorized retailers to
accept EBT cards; and
``(II) EBT cards;
``(iii) the ability to limit purchases
using nutrition assistance program benefits to
food for home consumption; and
``(iv) the availability of reliable data
necessary for the implementation of such
program under this section for eligible
children and child care covered children,
including the names of such children and the
mailing addresses of their households; and
``(B) the feasibility of implementing the program
for child care covered children under subsection (i) in
Puerto Rico, the Commonwealth of the Northern Mariana
Islands, and American Samoa, including with respect to
such program each analysis specified in clauses (i)
through (iv) of subparagraph (A).
``(2) Contingent availability of participation.--Beginning
30 days after the date of the enactment of the Child Nutrition
and Related Programs Recovery Act, Puerto Rico, the
Commonwealth of the Northern Mariana Islands, and American
Samoa may each--
``(A) submit a plan under subsection (b), unless
the Secretary makes a finding, based on the analysis
provided under paragraph (1)(A), that the
implementation of the program for eligible children
under this section is not feasible in such territories;
and
``(B) submit a plan under subsection (i), unless
the Secretary makes a finding, based on the analysis
provided under paragraph (1)(B), that the
implementation of the program for child care covered
children under subsection (i) is not feasible in such
territories.'';
(8) in subsection (l), as redesigned by paragraph (7)--
(A) by redesignating paragraph (1) as paragraph
(3);
(B) by redesignating paragraphs (2) and (3) as
paragraphs (5) and (6), respectively;
(C) by inserting before paragraph (3) (as so
redesignated) the following:
``(1) The term `child care center' means an organization
described in subparagraph (A) or (B) of section 17(a)(2) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1766(a)(2)) and a family or group day care home.
``(2) The term `child care covered child' means a child
served under section 17 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766) who, if not for the closure
of the child care center attended by the child during a public
health emergency designation and due to concerns about a COVID-
19 outbreak, would receive meals under such section at the
child care center.''; and
(D) by inserting after paragraph (3) (as so
redesignated) the following:
``(4) The term `free rate' means--
``(A) with respect to a breakfast, the rate of a
free breakfast under the school breakfast program under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773); and
``(B) with respect to a lunch, the rate of a free
lunch under the school lunch program under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1771 et
seq.).''; and
(9) in subsection (m), as redesignated by paragraph (7), by
inserting ``(including all administrative expenses)'' after
``this section''.
SEC. 180004. FRESH PRODUCE FOR KIDS IN NEED.
Section 2202(f)(1) of the Families First Coronavirus Response Act
(Public Law 116-127) is amended by adding at the end the following:
``(E) The fresh fruit and vegetable program under
section 19 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769a).''.
SEC. 180005. WIC BENEFIT FLEXIBILITY DURING COVID-19 ACT.
(a) In General.--
(1) Authority to increase amount of cash-value voucher.--
During the COVID-19 public health emergency declared under
section 319 of the Public Health Service Act (42 U.S.C. 247d)
and in response to challenges related to such public health
emergency, the Secretary may increase the amount of a cash-
value voucher under a qualified food package to an amount less
than or equal to $35.
(2) Application of increased amount of cash-value voucher
to state agencies.--
(A) Notification.--An increase to the amount of a
cash-value voucher under paragraph (1) shall apply to
any State agency that notifies the Secretary of the
intent to use such an increased amount, without further
application.
(B) Use of increased amount.--A State agency that
notifies the Secretary under subparagraph (A) may use
or not use the increased amount described in such
subparagraph during the period beginning on the date of
the notification by the State agency under such
subparagraph and ending September 30, 2020.
(3) Application period.--An increase to the amount of a
cash-value voucher under paragraph (1) may only apply during
the period beginning on the date of the enactment of this
section and ending on September 30, 2020.
(4) Sunset.--The authority to make an increase to the
amount of a cash-value voucher under paragraph (1) or to use
such an increased amount under paragraph (2)(B) shall terminate
on September 30, 2020.
(b) Definitions.--
(1) Cash-value voucher.--The term ``cash-value voucher''
has the meaning given the term in section 246.2 of title 7,
Code of Federal Regulations.
(2) Qualified food package.--The term ``qualified food
package'' means the following food packages under section
246.10(e) of title 7, Code of Federal Regulations:
(A) Food Package IV-Children 1 through 4 years.
(B) Food Package V-Pregnant and partially (mostly)
breastfeeding women.
(C) Food Package VI-Postpartum women.
(D) Food Package VII-Fully breastfeeding.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) State agency.--The term ``State agency'' has the
meaning given the term in section 17(b) of the Child Nutrition
Act of 1966 (42 U.S.C. 1786(b)).
SEC. 180006. CALCULATION OF PAYMENTS AND REIMBURSEMENTS FOR CERTAIN
CHILD NUTRITION PROGRAMS.
(a) Richard B. Russell National School Lunch Act.--
(1) Nutrition promotion.--Notwithstanding any other
provision of law, for purposes of making a payment to a State
under section 5 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1754), the Secretary shall deem the number of
lunches served by school food authorities in such State during
the 2020 period to be equal to the greater of the following:
(A) The number of lunches served by such school
food authorities in such State during the 2019 period.
(B) The number of lunches served by such school
food authorities in such State during the 2020 period.
(2) Commodity assistance.--Notwithstanding any other
provision of law, for purposes of providing commodity
assistance to a State under section 6(c)(1)(C) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1755(c)(1)(C))
or cash assistance in lieu of such commodity assistance under
section 16 of such Act (42 U.S.C. 1765) the Secretary shall
deem the number of lunches served by school food authorities in
such State during the 2020 period to be equal to the greater of
the following:
(A) The number of lunches served by such school
food authorities in such State during the 2019 period.
(B) The number of lunches served by such school
food authorities in such State during the 2020 period.
(3) Special assistance payments.--Notwithstanding any other
provision of law, in determining the number of meals served by
a school for purposes of making special assistance payments to
a State with respect to a school under subparagraph (B), clause
(ii) or (iii) of subparagraph (C), or subparagraph (E)(i)(II)
of section 11(a)(1) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1759a(a)(1)), the Secretary shall deem the
number of meals served by such school during the 2020 period to
be equal to the greater of the following:
(A) The number of meals served by such school
during the 2019 period.
(B) The number of meals served by such school
during the 2020 period.
(b) Child Nutrition Act of 1966.--
(1) State administrative expenses.--Notwithstanding any
other provision of law, for purposes of making payments to a
State under section 7(a) of the Child Nutrition Act of 1966 (42
U.S.C. 1776(a)), the Secretary shall deem the number of meals
and supplements served by such school food authorities in such
State during the 2020 period to be equal to the greater of the
following:
(A) The number of meals and supplements served by
such school food authorities in such State during the
2019 period.
(B) The number of meals and supplements served by
such school food authorities in such State during the
2020 period.
(2) Team nutrition network.--Notwithstanding any other
provision of law, for purposes of making allocations to a State
under section 19(d) of the Child Nutrition Act of 1966 (42
U.S.C. 1788(d)), the Secretary shall deem the number of lunches
served by school food authorities in such State during the 2020
period to be equal to the greater of the following:
(A) The number of lunches served by such school
food authorities in such State during the 2019 period.
(B) The number of lunches served by such school
food authorities in such State during the 2020 period.
(c) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) 2019 period.--The term ``2019 period'' means the period
beginning March 1, 2019 and ending June 30, 2019.
(3) 2020 period.--The term ``2020 period'' means the period
beginning March 1, 2020 and ending June 30, 2020.
SEC. 180007. REPORTING ON WAIVER AUTHORITY.
(a) In General.--Not later than 10 days after the date of the
receipt or issuance of each document listed in paragraph (1), (2), or
(3) of this subsection, the Secretary of Agriculture shall make
publicly available on the website of the Department of Agriculture the
following documents:
(1) Any request submitted by State agencies for a qualified
waiver.
(2) The Secretary's approval or denial of each such
request.
(3) Any guidance issued by the Secretary with respect to a
qualified waiver.
(b) Inclusion of Date With Guidance.--With respect to the guidance
described in subsection (a)(3), the Secretary of Agriculture shall
include the date on which such guidance was issued on the publicly
available website of the Department of Agriculture on such guidance.
(c) Qualified Waiver Defined.--In this section, the term
``qualified waiver'' means a waiver under section 2102, 2202, 2203, or
2204 of the Families First Coronavirus Response Act (Public Law 116-
127).
DIVISION S--OTHER MATTERS
TITLE I--HEALTH CARE ACCESS FOR URBAN NATIVE VETERANS ACT
SEC. 190101. SHORT TITLE.
This title may be cited as the ``Health Care Access for Urban
Native Veterans Act''.
SEC. 190102. SHARING ARRANGEMENTS WITH FEDERAL AGENCIES.
Section 405 of the Indian Health Care Improvement Act (25 U.S.C.
1645) is amended--
(1) in subsection (a)(1), by inserting ``urban Indian
organizations,'' before ``and tribal organizations''; and
(2) in subsection (c)--
(A) by inserting ``urban Indian organization,''
before ``or tribal organization''; and
(B) by inserting ``an urban Indian organization,''
before ``or a tribal organization''.
TITLE II--TRIBAL SCHOOL FEDERAL INSURANCE PARITY
SEC. 190201. SHORT TITLE.
This title may be cited as the ``Tribal School Federal Insurance
Parity Act''.
SEC. 190202. AMENDMENT TO THE INDIAN HEALTH CARE IMPROVEMENT ACT.
Section 409 of the Indian Health Care Improvement Act (25 U.S.C.
1647b) is amended by inserting ``or the Tribally Controlled Schools Act
of 1988 (25 U.S.C. 2501 et seq.)'' after ``(25 U.S.C. 450 et seq.)''.
TITLE III--PRC FOR NATIVE VETERANS ACT
SEC. 190301. SHORT TITLE.
This title may be cited as the ``Proper and Reimbursed Care for
Native Veterans Act'' or the ``PRC for Native Veterans Act''.
SEC. 190302. CLARIFICATION OF REQUIREMENT OF DEPARTMENT OF VETERANS
AFFAIRS AND DEPARTMENT OF DEFENSE TO REIMBURSE INDIAN
HEALTH SERVICE FOR CERTAIN HEALTH CARE SERVICES.
Section 405(c) of the Indian Health Care Improvement Act (25 U.S.C.
1645) is amended by inserting before the period at the end the
following: ``, regardless of whether such services are provided
directly by the Service, an Indian tribe, or tribal organization,
through contract health services, or through a contract for travel
described in section 213(b)''.
TITLE IV--WILDLIFE-BORNE DISEASE PREVENTION
SEC. 190401. SHORT TITLE.
This title may be cited as the ``Wildlife-Borne Disease Prevention
Act of 2020''.
SEC. 190402. MEASURES TO ADDRESS SPECIES THAT POSE A RISK TO HUMAN
HEALTH.
(a) Species That Pose a Risk to Human Health.--
(1) In general.--The Secretaries shall, in consultation
with the Director of the Centers for Disease Control, the
United States Geological Survey, and other relevant Federal
agencies, identify wildlife species (or larger taxonomic
groups, if appropriate) that could pose a biohazard risk to
human health, and perform a risk analysis with respect to each
such species for the purposes of determining whether such
species is injurious within the meaning of section 42 of title
18, United States Code.
(2) Draft list.--The Secretaries shall, not later than 90
days after the date of enactment of this Act, publish a draft
of the list required by paragraph (1).
(3) Final list.--The Secretaries shall, not later than 1
year after the date of enactment of this Act, publish a final
list required by paragraph (1).
(b) International Assistance.--The Secretaries shall, in
consultation with the Secretary of State, provide assistance to foreign
countries to end the trade of wildlife that poses a risk to humans
because of transmission of pathogens that cause disease.
(c) Inspections and Interdiction.--The Secretary of the Interior
shall complete development on the electronic permitting system of the
United States Fish and Wildlife Service and provide for law enforcement
inspection and interdiction of any injurious wildlife species.
(d) Authorization of Appropriation.--There is authorized to be
appropriated $21,000,000 to remain available until expended for fiscal
year 2020 to carry out this section.
(e) Secretaries.--In this section the term ``Secretaries'' means
the Secretary of Commerce, acting through the Assistant Administrator
for Fisheries, and the Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service.
SEC. 190403. TRADE OF INJURIOUS SPECIES AND SPECIES THAT POSE A RISK TO
HUMAN HEALTH.
Section 42 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``or any interstate
transport between States within the continental
United States,'' after ``shipment between the
continental United States, the District of
Columbia, Hawaii, the Commonwealth of Puerto
Rico, or any possession of the United
States,''; and
(ii) by striking ``to be injurious to human
beings, to the interests of agriculture'' and
inserting ``to be injurious to or to transmit a
pathogen that can cause disease in humans, to
be injurious to the interests of agriculture'';
and
(B) by adding at the end the following:
``(6) In the case of an emergency posing a significant risk
to the health of humans, the Secretary of the Interior may
designate a species by interim final rule. At the time of
publication of the regulation in the Federal Register, the
Secretary shall publish therein detailed reasons why such
regulation is necessary, and in the case that such regulation
applies to a native species, the Secretary shall give actual
notice of such regulation to the State agency in each State in
which such species is believed to occur. Any regulation
promulgated under the authority of this paragraph shall cease
to have force and effect at the close of the 365-day period
following the date of publication unless, during such 365-day
period, the rulemaking procedures which would apply to such
regulation without regard to this paragraph are complied with.
If at any time after issuing an emergency regulation the
Secretary determines, on the basis of the best appropriate data
available to the Secretary, that substantial evidence does not
exist to warrant such regulation, the Secretary shall withdraw
it.
``(7) Not more than 90 days after receiving a petition of
an interested person under section 553(e) of title 5, United
States Code, to determine that a species is injurious under
this section, the Secretary of the Interior shall determine
whether such petition has scientific merit. If the Secretary
determines a petition has scientific merit, such Secretary
shall make a determination regarding such petition not more
than 12 months after the date such Secretary received such
petition.''; and
(2) by amending subsection (b) to read as follows:
``(b) Any person who knowingly imports, ships, or transports any
species in violation of subsection (a) of this section and who
reasonably should have known that the species at issue in such
violation is a species listed in subsection (a) of this section, or in
any regulation issued pursuant thereto, shall be fined under this title
or imprisoned not more than six months, or both.''.
SEC. 190404. NATIONAL WILDLIFE HEALTH CENTER.
(a) Wildlife Disease Surveillance.--The Director shall establish
and maintain a national database of wildlife disease, including
diseases that cause a human health risk, at the National Wildlife
Health Center. The Director, acting through such Center, shall, with
respect to wildlife disease--
(1) develop, validate, and deploy diagnostic tests;
(2) provide diagnostic services to Federal, State, and
Tribal natural resource management agencies; and
(3) provide confirmatory testing of diagnostic results.
(b) Strategies for Mitigation.--The Director shall--
(1) develop a framework for wildlife disease experts in the
United States to conduct risk assessments of wildlife diseases;
(2) communicate risk factors associated with wildlife
diseases to the public;
(3) develop strategies to mitigate the threat posed by
wildlife disease; and
(4) in coordination with the Director of the United States
Fish and Wildlife Service--
(A) monitor wildlife disease threats to evaluate
the risk posed by and impact of such diseases on the
United States, conduct research and development to
create statistically supported sampling frameworks for
broad-scale surveillance of wildlife disease threats;
(B) conduct research on human dimensions of
wildlife disease transmission and on effective outreach
to stakeholders to help manage wildlife disease;
(C) conduct statistical modeling to understand and
predict wildlife disease movement; and
(D) make recommendations to the Secretary of the
Interior on wildlife species to be listed as injurious
under section 42 of title 18, United States Code.
(c) International Surveillance.--The Director, in coordination with
the Administrator for the United States Agency for International
Development, may strengthen global capacity for wildlife health
monitoring to enhance early detection of diseases that have the
capacity to jump the species barrier and pose a risk to the United
States, including by providing funding for--
(1) academic, governmental, and nongovernmental partner
entities working to prevent wildlife disease outbreaks,
emerging pathogens of wildlife origin, and epidemics or
pandemics;
(2) building wildlife disease diagnostic capacity and
monitoring systems in countries with areas that pose a high
risk for animal-to-human transmission of disease; and
(3) providing technical assistance through training, data
sharing, and performing testing in countries with areas that
pose a high risk for animal-to-human transmission of disease.
(d) Director.--In this section, the term ``Director'' means the
Director of the United States Geological Survey.
(e) Wildlife Disease.--In this section, the term ``wildlife
disease'' means a disease-causing agent in wildlife that potentially
poses a threat to human health.
SEC. 190405. SURVEILLANCE BY STATES, TRIBES, TERRITORIES, AND INSULAR
AREAS.
(a) Wildlife Disease Surveillance, Research, Management, and
Education.--The Director or the United States Fish and Wildlife Service
shall establish a grant program to provide onetime funding to the
States, the District of Columbia, Tribes, and the territories and
insular areas of the United States to conduct epidemiological
surveillance, research, management, and education relating to emerging
wildlife disease.
TITLE V--PANDEMIC RELIEF FOR AVIATION WORKERS AND PASSENGERS
SEC. 190501. PANDEMIC RELIEF FOR AVIATION WORKERS.
(a) Applicability of Assurance Regarding Furloughs.--Section
4114(a)(1) of the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136) is amended by striking ``September 30, 2020'' and
inserting ``the date on which such financial assistance is fully
exhausted by the air carrier or contractor''.
(b) Protection of Collective Bargaining Agreement.--Section 4115 of
such Act is amended--
(1) in subsection (a) by striking ``(a) In General.--'';
and
(2) by striking subsection (b).
SEC. 190502. TRANSPARENCY OF FINANCIAL ASSISTANCE.
(a) Disclosure of Financial Assistance.--Not later than 72 hours
after issuance of financial assistance by the Secretary of the Treasury
pursuant to section 4112(a) of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136), the Secretary shall publish
on the website of the Department of the Treasury and shall submit to
the congressional committees of jurisdiction--
(1) a plain-language description of the financial
assistance, including the date of application, date of
application approval, and identity of the recipient of
financial assistance;
(2) the amount of the financial assistance; and
(3) a copy of any contract or assurances, if applicable,
and other relevant documentation regarding the financial
assistance.
(b) Trade Secrets.--Notwithstanding any other provision of law, the
Secretary may redact, from a disclosure under subsection (a), any trade
secret other than the amount of or conditions attached to the issuance
of financial assistance.
(c) Definitions.--In this section:
(1) Congressional committees of jurisdiction.--The term
``congressional committees of jurisdiction'' means the
Committee on Transportation and Infrastructure and the
Committee on Financial Services of the House of Representatives
and the Committee on Commerce, Science, and Transportation and
the Committee on Banking, Housing, and Urban Affairs of the
Senate.
(2) Trade secret defined.--The term ``trade secret'' means
any financial or business information provided by the recipient
of financial assistance under section 4112(a) of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136), if--
(A) such recipient has taken reasonable measures to
keep such information secret; and
(B) the information derives independent economic
value, actual or potential, from not being generally
known to, and not being readily ascertainable through
proper means by, another person who can obtain economic
value from the disclosure or use of the information.
(d) Savings Provision.--Nothing in this section shall be construed
as eliminating or abridging any reporting requirement under the
Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-
136).
SEC. 190503. AIR CARRIER MAINTENANCE OUTSOURCING.
(a) In General.--A passenger air carrier receiving a loan, loan
guarantee, or other investment under section 4003 of the Coronavirus
Aid, Relief, and Economic Security Act (Public Law 116-136) 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 ratio of maintenance work performed
outside of the United States to all maintenance work performed by or on
behalf of such air carrier at all locations.
(b) Definition of Heavy Maintenance Work.--In this section, the
term ``heavy maintenance work'' has the meaning given the term in
section 44733(g) of title 49, United States Code.
SEC. 190504. 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 the heads of such other Federal departments or
agencies as the Secretary considers appropriate, 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) provide airports and air carriers with an adaptable and
scalable framework with which to align the individual plans of
such airports and air carriers and provide appropriate guidance
as to each individual plan;
(2) improve coordination among airports, air carriers, U.S.
Customs and Border Protection, the Centers for Disease Control
and Prevention, other appropriate Federal entities, and State
and local governments or health agencies on developing policies
that increase the effectiveness of screening, quarantining, and
contact-tracing with respect to inbound international
passengers;
(3) ensure that at-risk employees are equipped with
appropriate personal protective equipment to reduce the
likelihood of exposure to pathogens in the event of a pandemic;
(4) ensure aircraft and enclosed facilities owned,
operated, or used by an air carrier or airport are cleaned,
disinfected, and sanitized frequently in accordance with
Centers for Disease Control and Prevention guidance; and
(5) incorporate all elements referenced in the
recommendation of the Comptroller General of the United States
to the Secretary of Transportation contained in the report
titled ``Air Travel and Communicable Diseases: Comprehensive
Federal Plan Needed for U.S. Aviation System's Preparedness''
issued in December 2015 (GAO-16-127).
(c) Consultation.--When developing a plan under subsection (a), the
Secretary of Transportation shall consult with aviation industry and
labor stakeholders, including representatives of--
(1) air carriers;
(2) small, medium, and large hub airports;
(3) labor organizations that represent airline pilots,
flight attendants, air carrier airport customer service
representatives, and air carrier maintenance, repair, and
overhaul workers;
(4) the labor organization certified under section 7111 of
title 5, United States Code, as the exclusive bargaining
representative of air traffic controllers of the Federal
Aviation Administration;
(5) the labor organization certified under such section as
the exclusive bargaining representative of airway
transportation systems specialists and aviation safety
inspectors of the Federal Aviation Administration; and
(6) such other stakeholders as the Secretary considers
appropriate.
(d) Report.--Not later than 30 days after the plan is developed
under subsection (a), the Secretary shall submit to the appropriate
committees of Congress such plan.
(e) Definition of At-risk Employees.--In this section, the term
``at-risk employees'' means--
(1) individuals whose job duties require interaction with
air carrier passengers on a regular and continuing basis that
are employees of--
(A) air carriers;
(B) air carrier contractors;
(C) airports; and
(D) Federal departments or agencies; and
(2) air traffic controllers and systems safety specialists
of the Federal Aviation Administration.
SEC. 190505. WORKING AND TRAVEL CONDITIONS.
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 SARS-CoV-2 or coronavirus disease 2019
(COVID-19), an air carrier operating under part 121 of title 14, Code
of Federal Regulations, shall--
(1) require each passenger and cabin crewmember to wear a
mask or protective face covering while on board an aircraft of
the air carrier;
(2) require each flight crewmember to wear a mask or
protective face covering while on board an aircraft but outside
the flight deck;
(3) submit to the Administrator of the Federal Aviation
Administration a proposal to permit flight crew members of the
air carrier to wear a mask or protective face covering while at
their stations in the flight deck, including a safety risk
assessment with respect to such proposal;
(4) provide flight and cabin crewmembers, airport customer
service agents, and other employees whose job responsibilities
involve interaction with passengers with masks or protective
face coverings, gloves, and hand sanitizer and wipes with
sufficient alcohol content;
(5) ensure aircraft, including the cockpit and cabin,
operated by such carrier are cleaned, disinfected, and
sanitized after each use in accordance with Centers for Disease
Control and Prevention guidance;
(6) ensure enclosed facilities owned, operated, or used by
such air carrier, including facilities used for flight or cabin
crewmember training or performance of indoor maintenance,
repair, or overhaul work, are cleaned, disinfected, and
sanitized frequently in accordance with Centers for Disease
Control and Prevention guidance;
(7) provide air carrier employees whose job
responsibilities involve cleaning, disinfecting, and sanitizing
aircraft or enclosed facilities described in paragraphs (5) and
(6) with masks or protective face coverings and gloves, and
ensure that each contractor of the air carrier provides
employees of such contractor with such materials; and
(8) establish guidelines, or adhere to applicable
guidelines, for notifying employees of a confirmed COVID-19
diagnosis of an employee of such air carrier and for
identifying other air carrier employees whom such employee
contacted in the 48-hour period before the employee developed
symptoms.
SEC. 190506. PROTECTION OF CERTAIN FEDERAL AVIATION ADMINISTRATION
EMPLOYEES.
(a) In General.--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 SARS-CoV-2 or coronavirus
disease 2019 (COVID-19), in order to maintain the safe and efficient
operation of the air traffic control system, the Administrator of the
Federal Aviation Administration shall--
(1) provide air traffic controllers and airway
transportation systems specialists of the Administration with
masks or protective face coverings, gloves, and hand sanitizer
and wipes with sufficient alcohol content;
(2) ensure air traffic control facilities are cleaned,
disinfected, and sanitized frequently in accordance with
Centers for Disease Control and Prevention guidance; and
(3) provide employees of the Administration whose job
responsibilities involve cleaning, disinfecting, and sanitizing
facilities described in paragraph (2) with masks or protective
face coverings and gloves, and ensure that each contractor of
the Administration provides employees of such contractor with
such materials.
(b) Source of Equipment.--The items described in subsection (a)(1)
may be procured or provided under such subsection through any sources
available to the Administrator.
TITLE VI--AMTRAK AND RAIL WORKERS
SEC. 190601. AMTRAK COVID-19 REQUIREMENTS.
(a) In General.--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 SARS-CoV-2 or coronavirus
disease (COVID-19), Amtrak shall--
(1) require each passenger and employee of Amtrak,
including engineers, conductors, and onboard service workers,
to wear a mask or other protective face covering while onboard
an Amtrak train;
(2) take such actions as are reasonable to ensure passenger
compliance with the requirement under paragraph (1);
(3) provide masks or protective face coverings, gloves, and
hand sanitizer and sanitizing wipes with sufficient alcohol
content to--
(A) conductors, engineers, and onboard service
workers;
(B) ticket agents, station agents, and red cap
agents; and
(C) any other employees whose job responsibilities
include interaction with passengers;
(4) ensure Amtrak trains, including the locomotive cab and
passenger cars, are cleaned, disinfected, and sanitized
frequently in accordance with guidance issued by the Centers
for Disease Control and Prevention and ensure that employees
whose job responsibilities include such cleaning, disinfecting,
or sanitizing are provided masks or protective face coverings
and gloves;
(5) ensure stations and enclosed facilities that Amtrak
owns and operates including facilities used for training or the
performance of indoor maintenance, repair, or overhaul work,
are cleaned, disinfected, and sanitized frequently in
accordance with guidance issued by the Centers for Disease
Control and Prevention and ensure that employees whose job
responsibilities include such cleaning, disinfecting, or
sanitizing are provided masks or protective face coverings and
gloves;
(6) take such actions as are reasonable to ensure that
stations or facilities served or used by Amtrak that Amtrak
does not own are cleaned, disinfected, and sanitized frequently
in accordance with Centers for Disease Control and Prevention
guidance;
(7) ensure that each contractor of Amtrak provides masks or
protective face coverings and gloves to employees of such
contractor whose job responsibilities include those described
in paragraphs (4) and (5); and
(8) establish guidelines, or adhere to existing applicable
guidelines, for notifying employees of a confirmed diagnosis of
COVID-19 of an employee of Amtrak.
(b) Availability.--If Amtrak is unable to acquire any of the items
necessary to comply with paragraphs (3), (4), and (5) of subsection (a)
due to market unavailability, Amtrak shall--
(1) prepare and make public documentation demonstrating
what actions have been taken to acquire such items; and
(2) continue efforts to acquire such items until such items
become available.
SEC. 190602. ADDITIONAL ENHANCED BENEFITS UNDER THE RAILROAD
UNEMPLOYMENT INSURANCE ACT.
(a) In General.--Section 2(a)(5)(A) of the Railroad Unemployment
Insurance Act (45 U.S.C. 352(a)(5)(A) is amended--
(1) by striking ``July 31, 2020'' and inserting ``December
31, 2020, and for any registration periods during a period of
continuing unemployment which began on or before December 31,
2020''; and
(2) by adding at the end ``No recovery benefit under this
section shall be payable for any registration period beginning
on or after July 1, 2021.''
(b) Additional Appropriations.--Section 2(a)(5)(B) of the Railroad
Unemployment Insurance Act (45 U.S.C. 352(a)(5)(B) is amended by adding
at the end the following:
``In addition to the amount appropriated by the preceding sentence,
out of any funds in the Treasury not otherwise appropriated, there are
appropriated $1,000,000,000 to cover the cost of recovery benefits
provided under subparagraph (A), to remain available until expended.''.
(c) Disregard of Recovery Benefits for Purposes of All Federal and
Federally Assisted Programs.--Section 2(a)(5) of the Railroad
Unemployment Insurance Act (45 U.S.C. 352(a)(5)) is amended by adding
at the end the following:
``(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.''.
(d) Clarification on Authority to Use Funds.--Funds appropriated
under either the first or second sentence of subparagraph (B) of
section 2(a)(5) of the Railroad Unemployment Insurance Act shall be
available to cover the cost of recovery benefits provided under such
section 2(a)(5) by reason of the amendments made by subsection (a) as
well as to cover the cost of such benefits provided under such section
2(a)(5) as in effect on the day before the date of enactment of this
Act.
SEC. 190603. 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.
SEC. 190604. TECHNICAL CORRECTION FOR EXTENDED UNEMPLOYMENT BENEFITS
UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT.
Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act
(45 U.S.C. 352(c)(2)(D)(iii)) is amended by striking ``July 1, 2019''
and inserting ``July 15, 2019''.
SEC. 190605. TECHNICAL CORRECTION.
Section 22002 of Public Law 116-136 is amended by striking
``Railway Retirement Act of 1974'' and inserting ``Railroad Retirement
Act of 1974''.
SEC. 190606. CLARIFICATION OF OVERSIGHT AND IMPLEMENTATION OF RELIEF
FOR WORKERS AFFECTED BY CORONAVIRUS ACT.
(a) Audits, Investigations, and Oversight.--Notwithstanding section
2115 of the Relief for Workers Affected by Coronavirus Act (subtitle A
of title II of division A of Public Law 116-136), the authority of the
Inspector General of the Department of Labor to carry out audits,
investigations, and other oversight activities that are related to the
provisions of such Act shall not extend to any activities related to
sections 2112, 2113, or 2114 of such Act. Such authority with respect
to such sections shall belong to the Inspector General of the Railroad
Retirement Board.
(b) Operating Instructions or Other Guidance.--Notwithstanding
section 2116(b) of the Relief for Workers Affected by Coronavirus Act
(subtitle A of title II of division A of Public Law 116-136), the
authority of the Secretary of Labor to issue any operating instructions
or other guidance necessary to carry out the provisions of such Act
shall not extend to any activities related to sections 2112, 2113, or
2114 of such Act. Such authority with respect to such sections shall
belong to the Railroad Retirement Board.
TITLE VII--ENERGY AND ENVIRONMENT PROVISIONS
SEC. 190701. HOME ENERGY AND WATER SERVICE CONTINUITY.
Any entity receiving financial assistance pursuant to any division
of this 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 a residential customer, which is
provided or regulated by such entity, is or remains disconnected or
interrupted during the emergency period described in section
1135(g)(1)(B) of the Social Security Act because of nonpayment, and all
reconnections of such public water system service are conducted in a
manner that minimizes risk to the health of individuals receiving such
service. For purposes of this section, the term ``home energy service''
means a service to provide home energy, as such term is defined in
section 2603 of the Low-Income Home Energy Assistance Act of 1981, or
service provided by an electric utility, as such term is defined in
section 3 of 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 any debt incurred or owed
to an entity or to absolve an individual of any obligation to an entity
for service, nor to preempt any State or local law or regulation
governing entities that provide such services to residential customers.
SEC. 190702. ENVIRONMENTAL JUSTICE GRANT PROGRAMS.
(a) Environmental Justice Grants.--The Administrator of the
Environmental Protection Agency shall continue to carry out--
(1) the Environmental Justice Small Grants Program and the
Environmental Justice Collaborative Problem-Solving Cooperative
Agreement Program, as those programs are in existence on the
date of enactment of this Act; and
(2) the Community Action for a Renewed Environment grant
programs I and II, as in existence on January 1, 2012.
(b) Use of Funds for Grants in Response to COVID-19 Pandemic.--With
respect to amounts appropriated by division A of this Act that are
available to carry out the programs described in subsection (a), the
Administrator of the Environmental Protection Agency may only award
grants under such programs for projects that will investigate or
address the disproportionate impacts of the COVID-19 pandemic in
environmental justice communities.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the programs described in subsection (a)
$50,000,000 for fiscal year 2020, and such sums as may be necessary for
each fiscal year thereafter.
(d) Distribution.--Not later than 30 days after amounts are made
available pursuant to subsection (c), the Administrator of the
Environmental Protection Agency shall make awards of grants under each
of the programs described in subsection (a).
SEC. 190703. 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.
(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, by providing funds to owners or
operators of public water systems or treatment works to reduce rates
charged to such households for such services.
(c) Nonduplication of Effort.--In carrying out this section, the
Secretary, States, and Indian Tribes, as applicable, shall, as
appropriate and to the extent practicable, use existing processes,
procedures, policies, and systems in place to provide assistance to
low-income households, including by using existing application and
approval processes.
(d) Allotment.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall allot amounts appropriated pursuant to this
section to a State or Indian Tribe based on the following:
(A) The percentage of households in the State, or
under the jurisdiction of the Indian Tribe, with income
equal to or less than 150 percent of the Federal
poverty line.
(B) The percentage of such households in the State,
or under the jurisdiction of the Indian Tribe, that
spend more than 30 percent of monthly income on
housing.
(C) The extent to which the State or Indian Tribe
has been affected by the public health emergency,
including the rate of transmission of COVID-19 in the
State or area over which the Indian Tribe has
jurisdiction, the number of COVID-19 cases compared to
the national average, and economic disruptions
resulting from the public health emergency.
(2) Reserved funds.--The Secretary shall reserve not more
than 10 percent of the amounts appropriated pursuant to this
section for allotment to States and Indian Tribes based on the
economic disruptions to the States and Indian Tribes resulting
from the emergency described in 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. 5191(b)), during the period covered
by such emergency declaration and any subsequent major disaster
declaration under section 401 of such Act (42 U.S.C. 5170) that
supersedes such emergency declaration.
(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--
(A) shall ensure that, at a minimum--
(i) all households with income equal to or
less than 150 percent of the Federal poverty
line are included as low-income households; and
(ii) all households with income equal to or
less than 60 percent of the State median income
are included as low-income households;
(B) may include households that have been adversely
economically affected by job loss or severe income loss
related to the public health emergency; and
(C) may include other households, including
households in which 1 or more individuals are
receiving--
(i) assistance under the State program
funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.);
(ii) supplemental security income payments
under title XVI of the Social Security Act (42
U.S.C. 1381 et seq.);
(iii) supplemental nutrition assistance
program benefits under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.); or
(iv) payments under section 1315, 1521,
1541, or 1542 of title 38, United States Code,
or under section 306 of the Veterans' and
Survivors' Pension Improvement Act of 1978.
(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) Utility Responsibilities.--Owners or operators of public water
systems or treatment works receiving funds pursuant to this section for
the purposes of reducing rates charged to low-income households for
service shall--
(1) conduct outreach activities designed to ensure that
such households are made aware of the rate assistance available
pursuant to this section;
(2) charge such households, in the normal billing process,
not more than the difference between the actual cost of the
service provided and the amount of the payment made by the
State or Indian Tribe pursuant to this section; and
(3) within 45 days of providing assistance to a household
pursuant to this section, notify in writing such household of
the amount of such assistance.
(h) 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 owners and
operators of public water systems, owners and operators of treatment
works, 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.
(i) Administrative Costs.--A State or Indian Tribe that receives a
grant under this section may use up to 8 percent of the granted amounts
for administrative costs.
(j) 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.
(k) 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.
(l) 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.
(m) Definitions.--In this section:
(1) 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.
(2) 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).
(3) 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 (42 U.S.C.
1320b-5).
(4) Public water system.--The term ``public water system''
has the meaning given such term in section 1401 of the Safe
Drinking Water Act (42 U.S.C. 300f).
(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.
(7) Treatment works.--The term ``treatment works'' has the
meaning given that term in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292).
SEC. 190704. HOME WATER SERVICE CONTINUITY.
(a) Continuity of Service.--Any entity receiving financial
assistance under division A of this Act shall, to the maximum extent
practicable, establish or maintain in effect policies to ensure that,
with respect to any service provided by a public water system or
treatment works to an occupied residence, which service is provided or
regulated by such entity--
(1) no such service is or remains disconnected or
interrupted during the emergency period because of nonpayment;
(2) all reconnections of such service are conducted in a
manner that minimizes risk to the health of individuals
receiving such service; and
(3) no fees for late payment of bills for such service are
charged or accrue during the emergency period.
(b) Effect.--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.
(c) Definitions.--In this section:
(1) Emergency period.--The term ``emergency period'' means
the emergency period described in section 1135(g)(1)(B) of the
Social Security Act (42 U.S.C. 1320b-5).
(2) Public water system.--The term ``public water system''
has the meaning given such term in section 1401 of the Safe
Drinking Water Act (42 U.S.C. 300f).
(3) Treatment works.--The term ``treatment works'' has the
meaning given that term in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292).
TITLE VIII--DEATH AND DISABILITY BENEFITS FOR PUBLIC SAFETY OFFICERS
IMPACTED BY COVID-19
SEC. 190801. SHORT TITLE.
This title may be cited as the ``Public Safety Officer Pandemic
Response Act of 2020''.
SEC. 190802. DEATH AND DISABILITY BENEFITS FOR PUBLIC SAFETY OFFICERS
IMPACTED BY COVID-19.
Section 1201 of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10281) is amended by adding at the end the following
new subsection:
``(o) For purposes of this part:
``(1) COVID-19 shall be presumed to constitute a personal
injury within the meaning of subsection (a), sustained in the
line of duty by a public safety officer and directly and
proximately resulting in death, unless such officer is shown to
have performed no line of duty activity or action within the 45
days immediately preceding a diagnosis of, or positive test for
COVID-19.
``(2) The Attorney General shall accept claims, including
supplemental claims, under this section from an individual
who--
``(A) was serving as a public safety officer and
was injured or disabled in the line of duty as a result
of the terrorist attacks on the United States that
occurred on September 11, 2001, or in the aftermath of
such attacks developed a condition described in section
3312(a) of the Public Health Service Act (42 U.S.C.
300mm-22(a)); and
``(B) was diagnosed with COVID-19 during the period
described in paragraph (3), which, in combination with
the injury or disability described in subparagraph (A),
permanently and totally disabled or directly and
proximately resulted in the death of the individual.
In assessing a claim under this paragraph, the presumption of
causation described in paragraph (1) shall apply.
``(3) The presumption described in paragraph (1) shall
apply with respect to a diagnosis of COVID-19 beginning on
January 20, 2020, and ending on the date that is one year after
the emergency period (as such term is defined in section
1135(g) of the Social Security Act (42 U.S.C. 1320b-5(g)))
based on the COVID-19 public health emergency ends.
``(4) The term `COVID-19' means a disease caused by severe
acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
``(p) In determining whether the personal injury resulting from
COVID-19 was a catastrophic injury, the Attorney General's inquiry
shall be limited to whether the individual is permanently prevented
from performing any gainful work as a public safety officer.''.
TITLE IX--VICTIMS OF CRIME ACT AMENDMENTS
SEC. 190901. SHORT TITLE.
This title may be cited as the ``Victims of Crime Act Fix Act of
2020''.
SEC. 190902. DEPOSITS OF FUNDING INTO THE CRIME VICTIMS FUND.
Section 1402(b) of the Victims of Crime Act of 1984 (34 U.S.C.
20101(b)) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) any funds that would otherwise be deposited in the
general fund of the Treasury collected as pursuant to--
``(A) a deferred prosecution agreement; or
``(B) a non-prosecution agreement.''.
SEC. 190903. WAIVER OF MATCHING REQUIREMENT.
(a) In General.--Notwithstanding any other provision of VOCA,
during the COVID-19 emergency period and for the period ending one year
after the date on which such period expires or is terminated, the
Attorney General, acting through the Director of the Office for Victims
of Crime, may not impose any matching requirement as a condition of
receipt of funds under any program to provide assistance to victims of
crimes authorized under the Victims of Crime Act of 1984 (34 U.S.C.
20101 et seq.).
(b) Definition.--In this section, the term ``COVID-19 emergency
period'' means the period beginning on the date on which the President
declared a national emergency under the National Emergencies Act (50
U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019
(COVID-19) and ending on the date that is 30 days after the date on
which the national emergency declaration is terminated.
(c) Application.--This section shall apply with respect to--
(1) applications submitted during the period described
under subsection (a), including applications for which funds
will be distributed after such period; and
(2) distributions of funds made during the period described
under subsection (a), including distributions made pursuant to
applications submitted before such period.
TITLE X--JABARA-HEYER NO HATE ACT
SEC. 191001. SHORT TITLE.
This title may be cited as the ``Jabara-Heyer National Opposition
to Hate, Assault, and Threats to Equality Act of 2020'' or the
``Jabara-Heyer NO HATE Act''.
SEC. 191002. FINDINGS.
Congress finds the following:
(1) The incidence of violence known as hate crimes or
crimes motivated by bias poses a serious national problem.
(2) According to data obtained by the Federal Bureau of
Investigation, the incidence of such violence increased in
2017, the most recent year for which data is available.
(3) In 1990, Congress enacted the Hate Crime Statistics Act
(Public Law 101-275; 28 U.S.C. 534 note) to provide the Federal
Government, law enforcement agencies, and the public with data
regarding the incidence of hate crime. The Hate Crimes
Statistics Act and the Matthew Shepard and James Byrd, Jr. Hate
Crimes Prevention Act (division E of Public Law 111-84; 123
Stat. 2835) have enabled Federal authorities to understand and,
where appropriate, investigate and prosecute hate crimes.
(4) A more complete understanding of the national problem
posed by hate crime is in the public interest and supports the
Federal interest in eradicating bias-motivated violence
referenced in section 249(b)(1)(C) of title 18, United States
Code.
(5) However, a complete understanding of the national
problem posed by hate crimes is hindered by incomplete data
from Federal, State, and local jurisdictions through the
Uniform Crime Reports program authorized under section 534 of
title 28, United States Code, and administered by the Federal
Bureau of Investigation.
(6) Multiple factors contribute to the provision of
inaccurate and incomplete data regarding the incidence of hate
crime through the Uniform Crime Reports program. A significant
contributing factor is the quality and quantity of training
that State and local law enforcement agencies receive on the
identification and reporting of suspected bias-motivated
crimes.
(7) The problem of crimes motivated by bias is sufficiently
serious, widespread, and interstate in nature as to warrant
Federal financial assistance to States and local jurisdictions.
(8) Federal financial assistance with regard to certain
violent crimes motivated by bias enables Federal, State, and
local authorities to work together as partners in the
investigation and prosecution of such crimes.
SEC. 191003. DEFINITIONS.
In this title:
(1) Hate crime.--The term ``hate crime'' means an act
described in section 245, 247, or 249 of title 18, United
States Code, or in section 901 of the Civil Rights Act of 1968
(42 U.S.C. 3631).
(2) Priority agency.--The term ``priority agency'' means--
(A) a law enforcement agency of a unit of local
government that serves a population of not less than
100,000, as computed by the Federal Bureau of
Investigation; or
(B) a law enforcement agency of a unit of local
government that--
(i) serves a population of not less than
50,000 and less than 100,000, as computed by
the Federal Bureau of Investigation; and
(ii) has reported no hate crimes through
the Uniform Crime Reports program in each of
the 3 most recent calendar years for which such
data is available.
(3) State.--The term ``State'' has the meaning given the
term in section 901 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10251).
(4) Uniform crime reports.--The term ``Uniform Crime
Reports'' means the reports authorized under section 534 of
title 28, United States Code, and administered by the Federal
Bureau of Investigation that compile nationwide criminal
statistics for use--
(A) in law enforcement administration, operation,
and management; and
(B) to assess the nature and type of crime in the
United States.
(5) Unit of local government.--The term ``unit of local
government'' has the meaning given the term in section 901 of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10251).
SEC. 191004. REPORTING OF HATE CRIMES.
(a) Implementation Grants.--
(1) In general.--The Attorney General may make grants to
States and units of local government to assist the State or
unit of local government in implementing the National Incident-
Based Reporting System, including to train employees in
identifying and classifying hate crimes in the National
Incident-Based Reporting System.
(2) Priority.--In making grants under paragraph (1), the
Attorney General shall give priority to States and units of
local government with larger populations.
(b) Reporting.--
(1) Compliance.--
(A) In general.--Except as provided in subparagraph
(B), in each fiscal year beginning after the date that
is 3 years after the date on which a State or unit of
local government first receives a grant under
subsection (a), the State or unit of local government
shall provide to the Attorney General, through the
Uniform Crime Reporting system, information pertaining
to hate crimes committed in that jurisdiction during
the preceding fiscal year.
(B) Extensions; waiver.--The Attorney General--
(i) may provide a 120-day extension to a
State or unit of local government that is
making good faith efforts to comply with
subparagraph (A); and
(ii) shall waive the requirements of
subparagraph (A) if compliance with that
subparagraph by a State or unit of local
government would be unconstitutional under the
constitution of the State or of the State in
which the unit of local government is located,
respectively.
(2) Failure to comply.--If a State or unit of local
government that receives a grant under subsection (a) fails to
substantially comply with paragraph (1) of this subsection, the
State or unit of local government shall repay the grant in
full, plus reasonable interest and penalty charges allowable by
law or established by the Attorney General.
SEC. 191005. GRANTS FOR STATE-RUN HATE CRIME HOTLINES.
(a) Grants Authorized.--
(1) In general.--The Attorney General shall make grants to
States to create State-run hate crime reporting hotlines.
(2) Grant period.--A grant made under paragraph (1) shall
be for a period of not more than 5 years.
(b) Hotline Requirements.--A State shall ensure, with respect to a
hotline funded by a grant under subsection (a), that--
(1) the hotline directs individuals to--
(A) law enforcement if appropriate; and
(B) local support services;
(2) any personally identifiable information that an
individual provides to an agency of the State through the
hotline is not directly or indirectly disclosed, without the
consent of the individual, to--
(A) any other agency of that State;
(B) any other State;
(C) the Federal Government; or
(D) any other person or entity;
(3) the staff members who operate the hotline are trained
to be knowledgeable about--
(A) applicable Federal, State, and local hate crime
laws; and
(B) local law enforcement resources and applicable
local support services; and
(4) the hotline is accessible to--
(A) individuals with limited English proficiency,
where appropriate; and
(B) individuals with disabilities.
(c) Best Practices.--The Attorney General shall issue guidance to
States on best practices for implementing the requirements of
subsection (b).
SEC. 191006. INFORMATION COLLECTION BY STATES AND UNITS OF LOCAL
GOVERNMENT.
(a) Definitions.--In this section:
(1) Applicable agency.--The term ``applicable agency'',
with respect to an eligible entity that is--
(A) a State, means--
(i) a law enforcement agency of the State;
and
(ii) a law enforcement agency of a unit of
local government within the State that--
(I) is a priority agency; and
(II) receives a subgrant from the
State under this section; and
(B) a unit of local government, means a law
enforcement agency of the unit of local government that
is a priority agency.
(2) Covered agency.--The term ``covered agency'' means--
(A) a State law enforcement agency; or
(B) a priority agency.
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a State; or
(B) a unit of local government that has a priority
agency.
(b) Grants.--
(1) In general.--The Attorney General may make grants to
eligible entities to assist covered agencies within the
jurisdiction of the eligible entity in conducting law
enforcement activities or crime reduction programs to prevent,
address, or otherwise respond to hate crime, particularly as
those activities or programs relate to reporting hate crimes
through the Uniform Crime Reports program, including--
(A) adopting a policy on identifying,
investigating, and reporting hate crimes;
(B) developing a standardized system of collecting,
analyzing, and reporting the incidence of hate crime;
(C) establishing a unit specialized in identifying,
investigating, and reporting hate crimes;
(D) engaging in community relations functions
related to hate crime prevention and education such
as--
(i) establishing a liaison with formal
community-based organizations or leaders; and
(ii) conducting public meetings or
educational forums on the impact of hate
crimes, services available to hate crime
victims, and the relevant Federal, State, and
local laws pertaining to hate crimes; and
(E) providing hate crime trainings for agency
personnel.
(2) Subgrants.--A State that receives a grant under
paragraph (1) may award a subgrant to a priority agency of a
unit of local government within the State for the purposes
under that paragraph.
(c) Information Required of States and Units of Local Government.--
(1) In general.--For each fiscal year in which an eligible
entity receives a grant under subsection (b), the eligible
entity shall--
(A) collect information from each applicable agency
summarizing the law enforcement activities or crime
reduction programs conducted by the agency to prevent,
address, or otherwise respond to hate crime,
particularly as those activities or programs relate to
reporting hate crimes through the Uniform Crime Reports
program; and
(B) submit to the Attorney General a report
containing the information collected under subparagraph
(A).
(2) Semiannual law enforcement agency report.--
(A) In general.--In collecting the information
required under paragraph (1)(A), an eligible entity
shall require each applicable agency to submit a
semiannual report to the eligible entity that includes
a summary of the law enforcement activities or crime
reduction programs conducted by the agency during the
reporting period to prevent, address, or otherwise
respond to hate crime, particularly as those activities
or programs relate to reporting hate crimes through the
Uniform Crime Reports program.
(B) Contents.--In a report submitted under
subparagraph (A), a law enforcement agency shall, at a
minimum, disclose--
(i) whether the agency has adopted a policy
on identifying, investigating, and reporting
hate crimes;
(ii) whether the agency has developed a
standardized system of collecting, analyzing,
and reporting the incidence of hate crime;
(iii) whether the agency has established a
unit specialized in identifying, investigating,
and reporting hate crimes;
(iv) whether the agency engages in
community relations functions related to hate
crime, such as--
(I) establishing a liaison with
formal community-based organizations or
leaders; and
(II) conducting public meetings or
educational forums on the impact of
hate crime, services available to hate
crime victims, and the relevant
Federal, State, and local laws
pertaining to hate crime; and
(v) the number of hate crime trainings for
agency personnel, including the duration of the
trainings, conducted by the agency during the
reporting period.
(d) Compliance and Redirection of Funds.--
(1) In general.--Except as provided in paragraph (2),
beginning not later than 1 year after the date of enactment of
this title, an eligible entity receiving a grant under
subsection (b) shall comply with subsection (c).
(2) Extensions; waiver.--The Attorney General--
(A) may provide a 120-day extension to an eligible
entity that is making good faith efforts to collect the
information required under subsection (c); and
(B) shall waive the requirements of subsection (c)
for a State or unit of local government if compliance
with that subsection by the State or unit of local
government would be unconstitutional under the
constitution of the State or of the State in which the
unit of local government is located, respectively.
SEC. 191007. REQUIREMENTS OF THE ATTORNEY GENERAL.
(a) Information Collection and Analysis; Report.--In order to
improve the accuracy of data regarding the incidence of hate crime
provided through the Uniform Crime Reports program, and promote a more
complete understanding of the national problem posed by hate crime, the
Attorney General shall--
(1) collect and analyze the information provided by States
and units of local government under section 191006 for the
purpose of developing policies related to the provision of
accurate data obtained under the Hate Crime Statistics Act
(Public Law 101-275; 28 U.S.C. 534 note) by the Federal Bureau
of Investigation; and
(2) for each calendar year beginning after the date of
enactment of this title, publish and submit to Congress a
report based on the information collected and analyzed under
paragraph (1).
(b) Contents of Report.--A report submitted under subsection (a)
shall include--
(1) a qualitative analysis of the relationship between--
(A) the number of hate crimes reported by State law
enforcement agencies or priority agencies through the
Uniform Crime Reports program; and
(B) the nature and extent of law enforcement
activities or crime reduction programs conducted by
those agencies to prevent, address, or otherwise
respond to hate crime; and
(2) a quantitative analysis of the number of State law
enforcement agencies and priority agencies that have--
(A) adopted a policy on identifying, investigating,
and reporting hate crimes;
(B) developed a standardized system of collecting,
analyzing, and reporting the incidence of hate crime;
(C) established a unit specialized in identifying,
investigating, and reporting hate crimes;
(D) engaged in community relations functions
related to hate crime, such as--
(i) establishing a liaison with formal
community-based organizations or leaders; and
(ii) conducting public meetings or
educational forums on the impact of hate crime,
services available to hate crime victims, and
the relevant Federal, State, and local laws
pertaining to hate crime; and
(E) conducted hate crime trainings for agency
personnel during the reporting period, including--
(i) the total number of trainings conducted
by each agency; and
(ii) the duration of the trainings
described in clause (i).
SEC. 191008. ALTERNATIVE SENTENCING.
Section 249 of title 18, United States Code, is amended by adding
at the end the following:
``(e) Supervised Release.--If a court includes, as a part of a
sentence of imprisonment imposed for a violation of subsection (a), a
requirement that the defendant be placed on a term of supervised
release after imprisonment under section 3583, the court may order, as
an explicit condition of supervised release, that the defendant
undertake educational classes or community service directly related to
the community harmed by the defendant's offense.''.
TITLE XI--PRISONS AND JAILS
SEC. 191101. SHORT TITLE.
This title may be cited as the ``Pandemic Justice Response Act''.
SEC. 191102. EMERGENCY COMMUNITY SUPERVISION ACT.
(a) Findings.--Congress finds the following:
(1) As of the date of introduction of this Act, the novel
coronavirus has spread to all 50 States, the District of
Columbia, and 3 territories.
(2) The Centers for Disease Control and Prevention have
projected that between 160,000,000 and 214,000,000 people could
be infected by the novel coronavirus in the United States over
the course of the pandemic.
(3) Although the United States has less than 5 percent of
the world's population, the United States holds approximately
21 percent of the world's prisoners and leads the world in the
number of individuals incarcerated, with nearly 2,200,000
people incarcerated in State and Federal prisons and local
jails.
(4) Studies have shown that individuals age out of crime
starting around 25 years of age, and released individuals over
the age of 50 have a very low recidivism rate.
(5) According to public health experts, incarcerated
individuals are particularly vulnerable to being gravely
impacted by the novel corona virus pandemic because--
(A) they have higher rates of underlying health
issues than members of the general public, including
higher rates of respiratory disease, heart disease,
diabetes, obesity, HIV/AIDS, substance abuse,
hepatitis, and other conditions that suppress immune
response; and
(B) the close conditions and lack of access to
hygiene products in prisons make these institutions
unusually susceptible to viral pandemics.
(6) The spread of communicable disease in the United States
generally constitutes a serious, heightened threat to the
safety of incarcerated individuals, and there is a serious
threat to the general public that prisons may become incubators
of community spread of communicable viral disease.
(b) Definitions.--In this section:
(1) Covered health condition.--The term ``covered health
condition'' with respect to an individual, means the
individual--
(A) is pregnant;
(B) has chronic lung disease or asthma;
(C) has congestive heart failure or coronary artery
disease;
(D) has diabetes;
(E) has a neurological condition that weakens the
ability to cough or breathe;
(F) has HIV;
(G) has sickle cell anemia;
(H) has cancer; or
(I) has a weakened immune system.
(2) Covered individual.--The term ``covered individual''--
(A) means an individual who--
(i) is a juvenile (as defined in section
5031 of title 18, United States Code);
(ii) is 50 years of age or older;
(iii) has a covered health condition; or
(iv) is within 12 months of release from
incarceration; and
(B) includes an individual described in
subparagraph (A) who is serving a term of imprisonment
for an offense committed before November 1, 1987.
(3) National emergency relating to a communicable
disease.--The term ``national emergency relating to a
communicable disease'' means--
(A) 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)) with respect to a communicable disease; or
(B) a national emergency declared by the President
under the National Emergencies Act (50 U.S.C. 1601 et
seq.) with respect to a communicable disease.
(c) Placement of Certain Individuals in Community Supervision.--
(1) Authority.--Except as provided in paragraph (2),
beginning on the date on which a national emergency relating to
a communicable disease is declared and ending on the date that
is 60 days after such national emergency expires or is
terminated--
(A) notwithstanding any other provision of law, the
Director of the Bureau of Prisons shall place in
community supervision all covered individuals who are
in the custody of the Bureau of Prisons; and
(B) the district court of the United States for
each judicial district shall place in community
supervision all covered individuals who are in the
custody and care of the United States Marshals Service.
(2) Exceptions.--
(A) Bureau of prisons.--In carrying out paragraph
(1)(A), the Director--
(i) may not place in community supervision
any individual determined, by clear and
convincing evidence, to be likely to pose a
specific and substantial risk of causing bodily
injury to or using violent force against the
person of another;
(ii) shall place in the file of each
individual described in clause (i)
documentation of such determination, including
the evidence used to make the determination;
and
(iii) not later than 180 days after the
date on which the national emergency relating
to a communicable disease expires, shall
provide a report to Congress documenting--
(I) the demographic data (including
race, gender, age, offense of
conviction, and criminal history level)
of the individuals denied placement in
community supervision under clause (i);
and
(II) the justification for the
denials described in subclause (I).
(B) District courts.--In carrying out paragraph
(1)(B), each district court of the United States--
(i) shall conduct an immediate and
expedited review of the detention orders of all
covered individuals in the custody and care of
the United States Marshals Service, which may
be conducted sua sponte and ex parte, without--
(I) appearance by the defendant or
any party; or
(II) requiring a petition, motion,
or other similar document to be filed;
(ii) may not place in community supervision
any individual if the court determines, after a
hearing and the attorney for the Government
shows by clear and convincing evidence based on
individualized facts, that detention is
necessary because the individual's release will
pose a specific and substantial risk that the
individual will cause bodily injury or use
violent force against the person of another and
that no conditions of release will reasonably
mitigate that risk;
(iii) in carrying out clauses (i) and (ii),
may--
(I) rely on evidence presented in
prior court proceedings; and
(II) if the court determines it
necessary, request additional
information from the parties to make
the determination.
(3) Limitation on community supervision placement.--In
placing covered individuals into community supervision under
this section, the Director of the Bureau of Prisons and the
district court of the United States for each judicial district
shall take into account and prioritize placements that enable
adequate social distancing, which include home confinement or
other forms of low in-person-contact supervised release.
(d) Limitation on Pre-trial Detention.--
(1) No bond conditions on release.--Notwithstanding section
3142 of title 18, United States Code, beginning on the date on
which a national emergency relating to a communicable disease
is declared and ending on the date that is 60 days after such
national emergency expires or is terminated, in imposing
conditions of release, the judicial officer may not require
payment of cash bail, proof of ability to pay an unsecured
bond, execution of a bail bond, a solvent surety to co-sign a
secured or unsecured bond, or posting of real property.
(2) Limitation.--
(A) In general.--Beginning on the date on which a
national emergency relating to a communicable disease
is declared and ending on the date that is 60 days
after such national emergency expires or is terminated,
at any initial appearance hearing, detention hearing,
hearing on a motion for pretrial release, or any other
hearing where the attorney for the Government is
seeking the detention or continued detention of any
individual, the judicial officer shall order the
pretrial release of the individual on personal
recognizance or on a condition or combination of
conditions under section 3142(c) of title 18, United
States Code, unless the attorney for the Government
shows by clear and convincing evidence based on
individualized facts that detention is necessary
because the individual's release will pose a specific
and substantial risk that the individual will cause
bodily injury or use violent force against the person
of another and that no conditions of release will
reasonably mitigate that risk.
(B) Required consideration of certain factors.--If
the judicial officer finds that the attorney for the
Government has made the requisite showing under
subparagraph (A), the judicial officer shall take into
consideration, in determining whether detention is
necessary--
(i) whether the individual's age or medical
condition renders them especially vulnerable;
and
(ii) whether detention will compromise the
individual's access to adequate medical
treatment, access to medications, or ability to
privately consult with counsel and meaningfully
prepare a defense.
(C) Juveniles.--
(i) In general.--Beginning on the date on
which a national emergency relating to a
communicable disease is declared and ending on
the date that is 60 days after such national
emergency expires or is terminated,
notwithstanding sections 5031 through 5035 of
title 18, United States Code, and except as
provided under clause (ii), in the case of a
juvenile alleged to have committed an act of
juvenile delinquency, the judicial officer
shall release the juvenile to their parent,
guardian, custodian, or other responsible party
(including the director of a shelter-care
facility) upon their promise to bring such
juvenile before the appropriate court when
requested by the judicial officer.
(ii) Exception.--A juvenile alleged to have
committed an act of juvenile delinquency may be
detained pending trial only if, at a hearing at
which the juvenile is represented by counsel,
the attorney for the Government shows by clear
and convincing evidence based on individualized
facts that detention is necessary because the
juvenile's release will pose a specific and
substantial risk that the juvenile will use
violent force against a reasonably identifiable
person and that no conditions of release will
reasonably mitigate that risk, except that in
no case may a judicial officer order the
detention of a juvenile if it will compromise
the juvenile's access to adequate medical
treatment, access to medications, or ability to
privately consult with counsel and meaningfully
prepare a defense.
(iii) Least restrictive detention.--In the
case that the judicial officer orders the
detention of a juvenile under clause (ii), the
judicial officer shall order the detention of
the juvenile in the least restrictive and
safest environment possible, taking the
national emergency relating to a communicable
disease into consideration.
(iv) Contents of detention order.--In the
case that the judicial officer orders the
detention of a juvenile under clause (ii), the
judicial officer shall issue a written
detention order that includes--
(I) findings of fact;
(II) the reasons for the detention;
(III) a description of the risk
identified under clause (ii);
(IV) an explanation of why no
conditions will reasonably mitigate the
risk identified under clause (ii);
(V) a statement that detention will
not compromise the juvenile's access to
adequate medical treatment, access to
medications, or ability to privately
consult with counsel and meaningfully
prepare a defense; and
(VI) a statement establishing that
the detention environment is the least
restrictive and safest possible in
accordance with the requirement under
clause (iii).
(e) Limitation on Supervised Release.--Beginning on the date on
which a national emergency relating to a communicable disease is
declared and ending on the date that is 60 days after such national
emergency expires, the Office of Probation and Pretrial Services of the
Administrative Office of the United States Courts shall take measures
to prevent the spread of the communicable disease among individuals
under supervision by--
(1) suspending the requirement that individuals determined
to be a lower risk of reoffending, or any other individuals
determined to be appropriate by the supervising probation
officer, report in person to their probation or parole officer;
(2) identifying individuals who have successfully completed
not less than 18 months of supervision and transferring such
individuals to administrative supervision or petitioning the
court to terminate supervision, as appropriate; and
(3) suspending the request for detention and imprisonment
as a sanction for violations of probation, supervised release,
or parole.
(f) Prohibition.--No individual who is granted placement in
community supervision, termination of supervision, placement on
administrative supervision, or pre-trial release shall be re-
incarcerated, placed on supervision or active supervision, or ordered
detained pre-trial only as a result of the expiration of the national
emergency relating to a communicable disease.
(g) Prohibition on Technical Violations and Certain Mandatory
Revocations of Probation or Supervised Release.--
(1) Resentencing in cases of probation and supervised
release.--
(A) In general.--Beginning on the date on which a
national emergency relating to a communicable disease
is declared and ending on the date that is 60 days
after such national emergency expires, and
notwithstanding section 3582(b) of title 18, United
States Code, a court shall order the resentencing of a
defendant who is serving a term of imprisonment
resulting from a revocation of probation, or supervised
release for a Grade C violation for conduct under
section 7B1.1(c)(3)(B) of the United States Sentencing
Guidelines, upon motion of the defendant.
(B) Resentencing.--The court shall order the
resentencing of a defendant described in subparagraph
(A) as follows:
(i) In the case of a revoked sentence of
probation, the court shall resentence the
defendant to probation, the duration of which
shall be equal to the period of time remaining
on the term of probation originally imposed at
the time the defendant was most recently placed
in custody, unless the court determines that
decreasing the length of the term of probation
is in the interest of justice.
(ii) In the case of a revoked term of
supervised release, the court shall continue
the defendant on supervised release, the
duration of which shall be equal to the period
of time the defendant had remaining on
supervised release when the defendant was most
recently placed in custody, unless the court
determines that decreasing the term of
supervised release is in the interest of
justice.
(2) Resentencing in cases of parole.--
(A) In general.--Beginning on the date on which a
national emergency relating to a communicable disease
is declared and ending on the date that is 60 days
after such national emergency expires, the court shall
order the resentencing of a defendant who is serving a
term of imprisonment resulting from a technical
violation of the defendant's parole.
(B) Resentencing.--The court shall resentence the
defendant to parole, the duration of which shall be
equal to the period of time remaining on the
defendant's term of parole at the time the defendant
was most recently placed in custody, unless the court
determines that decreasing the length of the term of
parole is in the interest of justice.
(3) Hearing.--The court may grant, but not deny, a motion
without a hearing under this section.
(4) No mandatory revocation.--
(A) In general.--Beginning on the date on which a
national emergency relating to a communicable disease
is declared and ending on the date that is 60 days
after such national emergency expires, a court is not
required to revoke a defendant's probation or
supervised release under sections 3565(b) and 3583(g)
of title 18, United States Code, based on a finding
that the defendant refused to comply with drug
treatment.
(B) Dissemination of policy change.--Not later than
10 days after the date of enactment of this title, the
Judicial Conference of the United States shall issue
and disseminate to all district courts of the United
States a temporary policy change suspending mandatory
revocation of probation or supervised release for
refusal to comply with drug testing.
(5) Prompt determination.--Any motion under this subsection
shall be determined promptly.
(6) Counsel.--To effectuate the purposes of this
subsection, counsel shall be appointed as early as possible to
represent any indigent defendant.
(7) Definitions.--In this subsection, the term
``defendant'' includes individuals adjudicated delinquent under
the Federal Juvenile Delinquency Act and applies to persons
serving time in official detention for a revocation of juvenile
probation or supervised release.
SEC. 191103. COURT AUTHORITY TO REDUCE SENTENCES AND TEMPORARY RELEASE
DURING COVID-19 EMERGENCY PERIOD.
(a) Court Authority to Reduce Sentences.--
(1) In general.--Notwithstanding section 3582 of title 18,
United States Code, the court shall, during the covered
emergency period, upon motion of a covered individual (as such
term is defined in section 191102(b)) or on the court's own
motion, reduce a term of imposed imprisonment on that
individual, unless the government shows, by clear and
convincing evidence, that the individual poses a risk of
serious, imminent injury to a reasonably identifiable person.
(2) Sentence reduction deemed authorized.--Any sentence
that is reduced under this subsection is deemed to be
authorized under section 3582(c)(1)(B) of title 18, United
States Code.
(3) Rule of construction.--In addition to the reduction of
sentences authorized under this subsection, the court may
continue to reduce and modify sentences under section 3582 of
title 18, United States Code, during the covered emergency
period.
(4) Special rule.--During the covered emergency period, a
covered individual who is serving a term of imprisonment for an
offense committed before November 1, 1987, who would not
otherwise be eligible to file a motion under section
3582(c)(1)(A) of title 18, United States Code, is eligible to
file such a motion and for relief under such section. Any
motion for relief filed in accordance with this paragraph
before the expiration or termination of the covered emergency
period shall not disqualify such motion based solely on such
expiration or termination.
(b) Court Authority to Authorize Temporary Release of Persons
Awaiting Designation or Transportation to a Bureau of Prisons
Facility.--Notwithstanding sections 3582 and 3621 of title 18, United
States Code, during the covered emergency period, the court, upon
motion of an individual (including individuals adjudicated delinquent
under the Federal Juvenile Delinquency Act) awaiting designation or
transportation to a Bureau of Prisons or other facility for service of
sentence or official detention, or on the court's own motion, may order
the temporary release of the individual, for a limited period ending
not later than the expiration or termination of the COVID-19 emergency,
if such release is for the purpose of avoiding or mitigating the risks
associated with imprisonment during the covered emergency period,
either generally with respect to the individual's place of imprisonment
or specifically with respect to the individual.
(c) Hearing Requirement.--The court may grant, but not deny, a
motion without a hearing under this section. Any motion under this
section shall be determined promptly.
(d) Effective Representation During National Emergency.--
(1) Access to court.--During the covered emergency period,
any procedural requirement under section 3582(c)(1)(A) of title
18, United States Code, that would delay a defendant from
directly petitioning the court shall not apply, and the
defendant may petition the court directly for relief.
(2) Appointment of counsel.--The court shall appoint
counsel for indigent defendants or prisoners, at no cost to the
defendant or prisoner, as early as possible to effectuate the
purposes of this section and the purposes of section
3582(c)(1)(A) of title 18, United States Code.
(3) Access to medical records.--
(A) In general.--In order to expedite proceedings
under this section and proceedings under 3582(c)(1)(A)
of title 18, United States Code, during the covered
emergency period, the Director of the Bureau of Prisons
shall promptly release all medical records in the
possession of the Bureau of Prisons to a prisoner who
requests them on their own behalf, or to the counsel of
record for a prisoner upon submission to the court of
an affidavit, signed by such counsel under penalty of
perjury, that such counsel has reason to believe that
the prisoner has a covered health condition (as such
term is defined in section 191102(b)) or a condition
that would entitle them to relief under section
3582(c)(1)(A) of title 18, United States Code.
(B) Individuals in the custody of the u.s. marshals
service.--In order to expedite proceedings under this
section, in the case of an individual who is in the
custody or care of the U.S. Marshals Service, the
Director of the U.S. Marshals Service shall facilitate
the provision of any medical records of the individual
to the individual or the counsel of record of the
individual, upon request of the individual or counsel.
SEC. 191104. EXEMPTION FROM EXHAUSTING ADMINISTRATIVE REMEDIES DURING
COVERED EMERGENCY PERIOD.
Section 7 of the Civil Rights of Institutionalized Persons Act (42
U.S.C. 1997e) is amended by adding at the end the following:
``(i) Covered Emergency Period.--
``(1) Relief without exhausting administrative remedies.--
Notwithstanding the other provisions of this section, during
the covered emergency period, a prisoner may commence, without
exhausting all administrative remedies, an action relating to
conditions of imprisonment under which the prisoner is at
significant risk of harm or under which the prisoner's access
to counsel has been impaired. If the court determines the
prisoner is reasonably likely to prevail, the court may order
such appropriate relief, limited in time and scope, as may be
necessary to prevent or remedy the significant risk of harm or
provide access to counsel.
``(2) Retaliation prohibited.--Section 6 shall apply in the
case of retaliation against a prisoner who files an
administrative claim or lawsuit during the covered emergency
period or attempts to so file.
``(3) Definitions.--For purposes of this subsection, the
term `covered emergency period' has the meaning given the term
in section 12003 of the CARES Act (Public Law 116-136).''.
SEC. 191105. INCREASING AVAILABILITY OF HOME DETENTION FOR ELDERLY
OFFENDERS.
(a) Good Conduct Time Credits for Certain Elderly Nonviolent
Offenders.--Section 231(g)(5)(A)(ii) of the Second Chance Act of 2007
(34 U.S.C. 60541(g)(5)(A)(ii)) is amended by striking ``to which the
offender was sentenced'' and inserting ``reduced by any credit toward
the service of the prisoner's sentence awarded under section 3624(b) of
title 18, United States Code''.
(b) Increasing Eligibility for Home Detention for Certain Elderly
Nonviolent Offenders.--During the covered emergency period an offender
who is in the custody of the Bureau of Prisons shall be considered an
eligible elderly offender under section 231(g) of the Second Chance Act
of 2007 (34 U.S.C. 60541(g)) if the offender--
(1) is not less than 50 years of age;
(2) has served 1/2 of the term of imprisonment reduced by
any credit toward the service of the prisoner's sentence
awarded under section 3624(b) of title 18, United States Code;
and
(3) is otherwise described in such section 231(g)(5)(A).
SEC. 191106. EFFECTIVE ASSISTANCE OF COUNSEL IN THE DIGITAL ERA ACT.
(a) Prohibition on Monitoring.--Not later than 180 days after the
date of the enactment of this title, the Attorney General shall create
a program or system, or modify any program or system that exists on the
date of enactment of this title, through which an incarcerated person
sends or receives an electronic communication, to exclude from
monitoring the contents of any privileged electronic communication. In
the case that the Attorney General creates a program or system in
accordance with this subsection, the Attorney General shall, upon
implementing such system, discontinue using any program or system that
exists on the date of enactment of this title through which an
incarcerated person sends or receives a privileged electronic
communication, except that any program or system that exists on such
date may continue to be used for any other electronic communication.
(b) Retention of Contents.--A program or system or a modification
to a program or system under subsection (a) may allow for retention by
the Bureau of Prisons of, and access by an incarcerated person to, the
contents of electronic communications, including the contents of
privileged electronic communications, of the person until the date on
which the person is released from prison.
(c) Attorney-client Privilege.--Attorney-client privilege, and the
protections and limitations associated with such privilege (including
the crime fraud exception), applies to electronic communications sent
or received through the program or system established or modified under
subsection (a).
(d) Accessing Retained Contents.--Contents retained under
subsection (b) may only be accessed by a person other than the
incarcerated person for whom such contents are retained under the
following circumstances:
(1) Attorney general.--The Attorney General may only access
retained contents if necessary for the purpose of creating and
maintaining the program or system, or any modification to the
program or system, through which an incarcerated person sends
or receives electronic communications. The Attorney General may
not review retained contents that are accessed pursuant to this
paragraph.
(2) Investigative and law enforcement officers.--
(A) Warrant.--
(i) In general.--Retained contents may only
be accessed by an investigative or law
enforcement officer pursuant to a warrant
issued by a court pursuant to the procedures
described in the Federal Rules of Criminal
Procedure.
(ii) Approval.--No application for a
warrant may be made to a court without the
express approval of a United States Attorney or
an Assistant Attorney General.
(B) Privileged information.--
(i) Review.--Before retained contents may
be accessed pursuant to a warrant obtained
under subparagraph (A), such contents shall be
reviewed by a United States Attorney to ensure
that privileged electronic communications are
not accessible.
(ii) Barring participation.--A United
States Attorney who reviews retained contents
pursuant to clause (i) shall be barred from--
(I) participating in a legal
proceeding in which an individual who
sent or received an electronic
communication from which such contents
are retained under subsection (b) is a
defendant; or
(II) sharing the retained contents
with an attorney who is participating
in such a legal proceeding.
(3) Motion to suppress.--In a case in which retained
contents have been accessed in violation of this subsection, a
court may suppress evidence obtained or derived from access to
such contents upon motion of the defendant.
(e) Definitions.--In this section--
(1) the term ``agent of an attorney or legal
representative'' means any person employed by or contracting
with an attorney or legal representative, including law clerks,
interns, investigators, paraprofessionals, and administrative
staff;
(2) the term ``contents'' has the meaning given such term
in 2510 of title 18, United States Code;
(3) the term ``electronic communication'' has the meaning
given such term in section 2510 of title 18, United States
Code, and includes the Trust Fund Limited Inmate Computer
System;
(4) the term ``monitoring'' means accessing the contents of
an electronic communication at any time after such
communication is sent;
(5) the term ``incarcerated person'' means any individual
in the custody of the Bureau of Prisons or the United States
Marshals Service who has been charged with or convicted of an
offense against the United States, including such an individual
who is imprisoned in a State institution; and
(6) the term ``privileged electronic communication''
means--
(A) any electronic communication between an
incarcerated person and a potential, current, or former
attorney or legal representative of such a person; and
(B) any electronic communication between an
incarcerated person and the agent of an attorney or
legal representative described in subparagraph (A).
SEC. 191107. COVID-19 CORRECTIONAL FACILITY EMERGENCY RESPONSE ACT OF
2020.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101 et seq.) is amended by adding at the end the
following:
``PART OO--PANDEMIC CORRECTIONAL FACILITY EMERGENCY RESPONSE
``SEC. 3061. FINDINGS; PURPOSES.
``(a) Immediate Release of Vulnerable and Low-Risk Individuals.--
The purpose of the grant program under section 3062 is to provide for
the testing, initiation and transfer to treatment in the community, and
provision of services in the community, by States and units of local
government as they relate to preventing, detecting, and stopping the
spread of COVID-19 in correctional facilities.
``(b) Pretrial Citation and Release.--
``(1) Findings.--Congress finds as follows:
``(A) With the dramatic growth in pretrial
detention resulting in county and city correctional
facilities regularly exceeding capacity, such
correctional facilities may serve to rapidly increase
the spread of COVID-19, as facilities that hold large
numbers of individuals in congregant living situations
may promote the spread of COVID-19.
``(B) While individuals arrested and processed at
local correctional facilities may only be held for
hours or days, exposure to large number of individuals
in holding cells and courtrooms promotes the spread of
COVID-19.
``(C) Pretrial detainees and individuals in
correctional facilities are then later released into
the community having being exposed to COVID-19.
``(2) Purpose.--The purpose of the grant program under
section 3065 is to substantially increase the use of risk-based
citation release for all individuals who do not present a
public safety risk.
``SEC. 3062. IMMEDIATE RELEASE OF VULNERABLE AND LOW-RISK INDIVIDUALS.
``(a) Authorization.--The Attorney General shall carry out a grant
program to make grants to States and units of local government that
operate correctional facilities, to establish and implement policies
and procedures to prevent, detect, and stop the presence and spread of
COVID-19 among arrestees, detainees, inmates, correctional facility
staff, and visitors to the facilities.
``(b) Program Eligibility.--
``(1) In general.--Eligible applicants under this section
are States and units of local government that release or have a
plan to release the persons described in paragraph (2) from
custody in order to ensure that, not later than 90 days after
enactment of this section, the total population of arrestees,
detainees, and inmates at a correctional facility does not
exceed the number established under subsection (c).
``(2) Persons described.--A person described in this
paragraph is a person who--
``(A) does not pose a risk of serious, imminent
injury to a reasonably identifiable person; or
``(B) is--
``(i) 50 years of age or older;
``(ii) a juvenile;
``(iii) an individual with serious chronic
medical conditions, including heart disease,
cancer, diabetes, HIV, sickle cell anemia, a
neurological disease that interferes with the
ability to cough or breathe, chronic lung
disease, asthma, or respiratory illness;
``(iv) a pregnant woman;
``(v) an individual who is
immunocompromised or has a weakened immune
system; or
``(vi) an individual who has a health
condition or disability that makes them
vulnerable to COVID-19.
``(c) Target Correctional Population.--
``(1) Target population.--An eligible applicant shall
establish individualized, facility-specific target capacities
at each correction facility that will receive funds under this
section that reflect the maximum number of individuals who may
be incarcerated safely in accordance with the Centers for
Disease Control and Prevention guidelines for correctional
facilities pertaining to COVID-19, with consideration given to
Centers for Disease Control and Prevention guidelines
pertaining to community-based physical distancing, hygiene, and
sanitation. A correctional facility receiving funds under this
section may not use isolation in a punitive or non-medical
manner as a way of achieving specific target capacities
established under this paragraph.
``(2) Certification.--An eligible applicant shall include
in its application for a grant under this section a
certification by a public health professional who is certified
in epidemiology or infectious diseases that each correctional
facility that will receive funds under this section in its
jurisdiction meets the appropriate target capacity standard
established under paragraph (1).
``(d) Authorized Uses.--Funds awarded pursuant to this section
shall be used by grantees (including acting through nonprofit entities)
to--
``(1) test all arrestees, detainees, and inmates, and
initiate treatment for COVID-19, and transfer such an
individual for an appropriate treatment at external medical
facility, as needed;
``(2) test for COVID-19--
``(A) correctional facility staff;
``(B) volunteers;
``(C) visitors, including family members and
attorneys;
``(D) court personnel that have regular contact
with arrestees, detainees, and inmates;
``(E) law enforcement officers who transport
arrestees, detainees, and inmates; and
``(F) personnel outside the correctional facility
who provide medical treatment to arrestees, detainees,
and inmates;
``(3) curtail booking and in-facility processing for
individuals who have committed technical parole or probation
violations; and
``(4) provide transition and reentry support services to
individuals released pursuant to this section, including
programs that--
``(A) increase access to and participation in
reentry services;
``(B) promote a reduction in recidivism rates;
``(C) facilitate engagement in educational
programs, job training, or employment;
``(D) place reentering individuals in safe and
sanitary temporary transitional housing;
``(E) facilitate the enrollment of reentering
individuals with a history of substance use disorder in
medication-assisted treatment and a referral to
overdose prevention services, mental health services,
or other medical services; and
``(F) facilitate family reunification or support
services, as needed.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated $500,000,000 to carry out this section and section 3065
for each of fiscal years 2020 and 2021.
``SEC. 3063. JUVENILE SPECIFIC SERVICES.
``(a) In General.--The Attorney General, acting through the
Administrator of the Office Juvenile Justice and Delinquency
Prevention, consistent with section 261 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C. 11171), is authorized to
make grants to States and units of local government or combinations
thereof to assist them in planning, establishing, operating,
coordinating, and evaluating projects directly, or through grants and
contracts with public and private agencies and nonprofit entities (as
such term is defined under section 408(5)(A) of the Juvenile Justice
and Delinquency Prevention Act of 1974 (34 U.S.C. 11296(5)(A))), for
the development of more effective education, training, research,
prevention, diversion, treatment, and rehabilitation programs in the
area of juvenile delinquency and programs to improve the juvenile
justice system, consistent with subsection (b).
``(b) Use of Grant Funds.--Grants under this section shall be used
for the exclusive purpose of providing juvenile specific services
that--
``(1) provide rapid mass testing for COVID-19 in juvenile
facilities, notification of the results of such tests to
juveniles and authorized family members or legal guardians, and
include policies and procedures for non-punitive quarantine
that does not involve solitary confinement, and provide for
examination by a doctor for any juvenile who tests positive for
COVID-19;
``(2) examine all pre- and post-adjudication release
processes and mechanisms applicable to juveniles and begin
employing these as quickly as possible;
``(3) provide juveniles in out of home placements with
continued access to appropriate education;
``(4) provide juveniles with access to legal counsel
through confidential visits or teleconferencing;
``(5) provide staff and juveniles with appropriate personal
protective equipment, hand washing facilities, toiletries, and
medical care to reduce the spread of the virus;
``(6) provide juveniles with frequent and no cost calls
home to parents, legal guardians, and other family members;
``(7) advance policies and procedures for juvenile
delinquency program proceedings (including court proceedings)
and probation conditions so that in-person reporting
requirements for juveniles are replaced with virtual or
telephonic appearances without penalty;
``(8) expand opportunities for juveniles to participate in
community based services and social services through
videoconferencing or teleconferencing; or
``(9) place a moratorium on all requirements for juveniles
to attend and pay for court and probation-ordered programs,
community service, and labor, that violate any applicable
social distancing or stay at home order.
Each element described in paragraph (1) through (9) shall be trauma-
informed, reflect the science of adolescent development, and be
designed to meet the needs of at-risk juveniles and juveniles who come
into contact with the justice system.
``(c) Definitions.--Terms used in this section have the meanings
given such terms in the Juvenile Justice and Delinquency Prevention Act
of 1974. The term `juvenile' has the meaning given such term in section
1809 of this Act.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $75,000,000 for each of fiscal
years 2020 and 2021.
``SEC. 3064. RAPID COVID-19 TESTING.
``(a) In General.--The Attorney General shall make grants to
grantees under section 3062 for the exclusive purpose of providing for
rapid COVID-19 testing of arrestees, detainees, and inmates who are
exiting the custody of a correctional facility prior to returning to
the community.
``(b) Use of Funds.--Grants provided under this section may be used
for any of the following:
``(1) Purchasing or leasing medical devices authorized by
the U.S. Food and Drug Administration to detect COVID-19 that
produce results in less than one hour.
``(2) Purchasing or securing COVID-19 testing supplies and
personal protective equipment used by the correctional facility
to perform such tests.
``(3) Contracting with medical providers to administer such
tests.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2020 and 2021.
``SEC. 3065. PRETRIAL CITATION AND RELEASE.
``(a) Authorization.--The Attorney General shall make grants under
this section to eligible applicants for the purposes set forth in
section 3061(b)(2).
``(b) Program Eligibility.--Eligible applicants under this section
are States and units of local government that implement or continue
operation of a program described in subsection (c)(1) and not fewer
than 2 of the other programs enumerated in such subsection.
``(c) Use of Grant Funds.--A grantee shall use amounts provided as
a grant under this section for programs that provide for the following:
``(1) Adopting and operating a cite-and-release process for
individuals who are suspected of committing misdemeanor and
felony offenses and who do not pose a risk of serious, imminent
injury to a reasonably identifiable person.
``(2) Curtailing booking and in-facility processing for
individuals who have committed technical parole or probation
violations.
``(3) Ensuring that defense counsel is appointed at the
earliest hearing that could result in pretrial detention so
that low-risk defendants are not unnecessarily further exposed
to COVID-19.
``(4) Establishing early review of charges by an
experienced prosecutor, so only arrestees and detainees who
will be charged are detained.
``(5) Providing appropriate victims' services supports and
safety-focused residential accommodations for victims and
community members who have questions or concerns about releases
described in this subsection.
``SEC. 3066. REPORT.
``(a) In General.--Not later than 6 months after the date on which
grants are initially made under this part, and biannually thereafter
during the grant period, the Attorney General shall submit to Congress
a report on the program, which shall include--
``(1) the number of grants made, the number of grantees,
and the amount of funding distributed to each grantee pursuant
to this part;
``(2) the location of each correctional facility where
activities are carried out using grant amounts;
``(3) the number of persons in the custody of correctional
facilities where activities are carried out using grant
amounts, including incarcerated persons released on parole,
community supervision, good time or early release, clemency or
commutation, as a result of the national emergency under the
National Emergencies Act (50 U.S.C. 1601 et seq.) declared by
the President with respect to the Coronavirus Disease 2019
(`COVID-19'), disaggregated by type of offense, age, race, sex,
and ethnicity; and
``(4) for each facility receiving funds under section
3062--
``(A) the total number of tests for COVID-19
performed;
``(B) the results of such COVID-19 tests (confirmed
positive or negative);
``(C) the total number of probable COVID-19
infections;
``(D) the total number of COVID-19-related
hospitalizations, the total number of intensive care
unit admissions, and the duration of each such
hospitalization;
``(E) recoveries from COVID-19; and
``(F) COVID-19 deaths,
disaggregated by race, ethnicity, age, disability, sex,
pregnancy status, and whether the individual is a staff member
of or incarcerated at the facility.
``(b) Privacy.--Data reported under this section shall be reported
in accordance with applicable privacy laws and regulations.
``SEC. 3067. NO MATCHING REQUIRED.
``The Attorney General shall not require grantees to provide any
matching funds with respect to the use of funds under this part.
``SEC. 3068. DEFINITION.
``For purposes of this part:
``(1) Correctional facility.--The term `correctional
facility' includes a juvenile facility.
``(2) Covered emergency period.--The term `covered
emergency period' has the meaning given the term in section
12003 of the CARES Act (Public Law 116-136).
``(3) COVID-19.--The term `COVID-19' means a disease caused
by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-
2).
``(4) Detainee; arrestee; inmate.--The terms `detainee',
`arrestee', and `inmate' each include juveniles.''.
SEC. 191108. MORATORIUM ON FEES AND FINES.
(a) In General.--During the covered emergency period, and for
fiscal years 2020, 2021, and 2022, the Attorney General is authorized
make grants to State and local courts that comply with the requirement
under subsection (b) to ensure that such recipients are able to
continue operations.
(b) Requirement to Impose Moratorium on Imposition and Collection
of Fees and Fines.--To be eligible for a grant under this section, a
court shall implement a moratorium on the imposition and collection
(including by a unit of local government or a State) of fees and fines
imposed by that court--
(1) not later than 120 day after the date of the enactment
of this section;
(2) retroactive to a period beginning 30 days prior the
covered emergency period; and
(3) continuing for an additional 90 days after the date the
covered emergency period terminates.
(c) Grant Amount.--In making grants under this section, the
Attorney General shall--
(1) give preference to applicants that implement a
moratorium on the imposition and collection of fines and fees
related to juvenile delinquency proceedings for each of fiscal
years 2020 through 2022; and
(2) make such grants in amounts that are proportionate to
the number of individuals in the jurisdiction of the court.
(d) Use of Funds.--Funds made available under this section may be
used to ensure that the recipient is able to continue court operations
during the covered emergency period.
(e) No Matching Requirement.--There is no matching requirement for
grants under this section.
(f) Definitions.--In this section:
(1) The term ``fees''--
(A) means monetary fees that are imposed for the
costs of fine surcharges or court administrative fees;
and
(B) includes additional late fees, payment-plan
fees, interest added if an individual is unable to pay
a fine in its entirety, collection fees, and any
additional amounts that do not include the fine.
(2) The term ``fines'' means monetary fines imposed as
punishment.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $150,000,000 for each of fiscal
years 2020 through 2022.
SEC. 191109. DEFINITION.
In this title, the term ``covered emergency period'' has the
meaning given the term in section 12003 of the CARES Act (Public Law
116-136).
SEC. 191110. SEVERABILITY.
If any provision of this title or any amendment made by this title,
or the application of a provision or amendment to any person or
circumstance, is held to be invalid, the remainder of this title and
the amendments made by this title, and the application of the
provisions and amendments to any other person not similarly situated or
to other circumstances, shall not be affected by the holding.
TITLE XII--IMMIGRATION MATTERS
SEC. 191201. EXTENSION OF FILING AND OTHER DEADLINES.
(a) New Deadlines for Extension or Change of Status or Other
Benefits.--
(1) Filing delays.--In the case of an alien who was
lawfully present in the United States on January 26, 2020, the
alien's application for an extension or change of nonimmigrant
status, application for renewal of employment authorization, or
any other application for extension or renewal of a period of
authorized stay, shall be considered timely filed if the due
date of the application is within the period described in
subsection (d) and the application is filed not later than 60
days after it otherwise would have been due.
(2) Departure delays.--In the case of an alien who was
lawfully present in the United States on January 26, 2020, the
alien shall not be considered to be unlawfully present in the
United States during the period described in subsection (d).
(3) Specific authority.--
(A) In general.--With respect to any alien whose
immigration status, employment authorization, or other
authorized period of stay has expired or will expire
during the period described in subsection (d), during
the one-year period beginning on the date of the
enactment of this title, or during both such periods,
the Secretary of Homeland Security shall automatically
extend such status, authorization, or period of stay
until the date that is 90 days after the last day of
whichever of such periods ends later.
(B) Exception.--If the status, authorization, or
period of stay referred to in subparagraph (A) is based
on a grant of deferred action, or a grant of temporary
protected status under section 244 of the Immigration
and Nationality Act (8 U.S.C. 1254a), the extension
under such subparagraph shall be for a period not less
than the period for which deferred action or temporary
protected status originally was granted by the
Secretary of Homeland Security.
(b) Immigrant Visas.--
(1) Extension of visa expiration.--Notwithstanding the
limitations under section 221(c) of the Immigration and
Nationality Act (8 U.S.C. 1201(c)), in the case of any
immigrant visa issued to an alien that expires or expired
during the period described in subsection (d), the period of
validity of the visa is extended until the date that is 90 days
after the end of such period.
(2) Rollover of unused visas.--
(A) In general.--For fiscal years 2021 and 2022,
the worldwide level of family-sponsored immigrants
under subsection (c) of section 201 of the Immigration
and Nationality Act (8 U.S.C. 1151), the worldwide
level of employment-based immigrants under subsection
(d) of such section, and the worldwide level of
diversity immigrants under subsection (e) of such
section shall each be increased by the number computed
under subparagraph (B) with respect to each of such
worldwide levels.
(B) Computation of increase.--For each of the
worldwide levels described in subparagraph (A), the
number computed under this subparagraph is the
difference (if any) between the worldwide level
established for the previous fiscal year under the
applicable subsection of section 201 of the Immigration
and Nationality Act (8 U.S.C. 1151) and the number of
visas that were, during the previous fiscal year,
issued and used as the basis for an application for
admission into the United States as an immigrant
described in the applicable subsection.
(C) Clarifications.--
(i) Allocation among preference
categories.--The additional visas made
available for fiscal years 2021 and 2022 as a
result of the computations made under
subparagraphs (A) and (B) shall be
proportionally allocated as set forth in
subsections (a), (b), and (c) of section 203 of
the Immigration and Nationality Act (8 U.S.C.
1153).
(ii) Elimination of fall across.--For
fiscal years 2021 and 2022, the number computed
under subsection (c)(3)(C) of section 201 of
the Immigration and Nationality Act (8 U.S.C.
1151), and the number computed under subsection
(d)(2)(C) of such section, are deemed to equal
zero.
(c) Voluntary Departure.--Notwithstanding section 240B of the
Immigration and Nationality Act (8 U.S.C. 1229c), if a period for
voluntary departure under such section expires or expired during the
period described in subsection (d), such voluntary departure period is
extended until the date that is 90 days after the end of such period.
(d) Period Described.--The period described in this subsection--
(1) begins on the first day of the public health emergency
declared by the Secretary of Health and Human Services under
section 319 of the Public Health Service Act (42 U.S.C. 247d)
with respect to COVID-19; and
(2) ends 90 days after the date on which such public health
emergency terminates.
SEC. 191202. TEMPORARY ACCOMMODATIONS FOR NATURALIZATION OATH
CEREMONIES DUE TO PUBLIC HEALTH EMERGENCY.
(a) Remote Oath Ceremonies.--Not later than 30 days after the date
of the enactment of this title, the Secretary of Homeland Security
shall establish procedures for the administration of the oath of
renunciation and allegiance under section 337 of the Immigration and
Nationality Act (8 U.S.C. 1448) using remote videoconferencing, or
other remote means for individuals who cannot reasonably access remote
videoconferencing, as an alternative to an in-person oath ceremony.
(b) Eligible Individuals.--Notwithstanding section 310(b) of the
Immigration and Nationality Act (8 U.S.C. 1421(b)), an individual may
complete the naturalization process by participating in a remote oath
ceremony conducted pursuant to subsection (a) if such individual--
(1) has an approved application for naturalization;
(2) is unable otherwise to complete the naturalization
process due to the cancellation or suspension of in-person oath
ceremonies during the public health emergency declared by the
Secretary of Health and Human Services under section 319 of the
Public Health Service Act (42 U.S.C. 247d) with respect to
COVID-19; and
(3) elects to participate in a remote oath ceremony in lieu
of waiting for in-person ceremonies to resume.
(c) Additional Requirements.--Upon establishing the procedures
described in subsection (a), the Secretary of Homeland Security shall--
(1) without undue delay, provide written notice to
individuals described in subsection (b)(1) of the option of
participating in a remote oath ceremony in lieu of a
participating in an in-person ceremony;
(2) to the greatest extent practicable, ensure that remote
oath ceremonies are administered to individuals who elect to
participate in such a ceremony not later than 30 days after the
individual so notifies the Secretary; and
(3) administer oath ceremonies to all other eligible
individuals as expeditiously as possible after the end of the
public health emergency referred to in subsection (b)(2).
(d) Availability of Remote Option.--The Secretary of Homeland
Security shall begin administering remote oath ceremonies on the date
that is 60 days after the date of the enactment of this title and shall
continue administering such ceremonies until a date that is not earlier
than 90 days after the end of the public health emergency referred to
in subsection (b)(2).
(e) Clarification.--Failure to appear for a remote oath ceremony
shall not create a presumption that the individual has abandoned his or
her intent to be naturalized.
(f) Report to Congress.--Not later than 180 days after the end of
the public health emergency referred to in subsection (b)(2), the
Secretary of Homeland Security shall submit a report to Congress that
identifies, for each State and political subdivision of a State, the
number of--
(1) individuals who were scheduled for an in-person oath
ceremony that was cancelled due to such public health
emergency;
(2) individuals who were provided written notice pursuant
to subsection (c)(1) of the option of participating in a remote
oath ceremony;
(3) individuals who elected to participate in a remote oath
ceremony in lieu of an in-person public ceremony;
(4) individuals who completed the naturalization process by
participating in a remote oath ceremony; and
(5) remote oath ceremonies that were conducted within the
period described in subsection (d).
SEC. 191203. TEMPORARY PROTECTIONS FOR ESSENTIAL CRITICAL
INFRASTRUCTURE WORKERS.
(a) Protections for Essential Critical Infrastructure Workers.--
During the period described in subsection (e), an alien described in
subsection (d) shall be deemed to be in a period of deferred action and
authorized for employment for purposes of section 274A of the
Immigration and Nationality Act (8 U.S.C. 1324a).
(b) Employer Protections.--During the period described in
subsection (e), the hiring, employment, or continued employment of an
alien described in subsection (d) is not a violation of section 274A(a)
of the Immigration and Nationality Act (8 U.S.C. 1324a(a)).
(c) Clarification.--Nothing in this section shall be deemed to
require an alien described in subsection (d), or such alien's
employer--
(1) to submit an application for employment authorization
or deferred action, or register with, or pay a fee to, the
Secretary of Homeland Security or the head of any other Federal
agency; or
(2) to appear before an agent of the Department of Homeland
Security or any other Federal agency for an interview,
examination, or any other purpose.
(d) Aliens Described.--An alien is described in this subsection if
the alien--
(1) on the date of the enactment of this title--
(A) is physically present in the United States; and
(B) is inadmissible to, or deportable from, the
United States; and
(2) engaged in essential critical infrastructure labor or
services in the United States prior to the period described in
subsection (e) and continues to engage in such labor or
services during such period.
(e) Period Described.--The period described in this subsection--
(1) begins on the first day of the public health emergency
declared by the Secretary of Health and Human Services under
section 319 of the Public Health Service Act (42 U.S.C. 247d)
with respect to COVID-19; and
(2) ends 90 days after the date on which such public health
emergency terminates.
(f) Essential Critical Infrastructure Labor or Services.--For
purposes of this section, the term ``essential critical infrastructure
labor or services'' means labor or services performed in an essential
critical infrastructure sector, as described in the ``Advisory
Memorandum on Identification of Essential Critical Infrastructure
Workers During COVID-19 Response'', revised by the Department of
Homeland Security on April 17, 2020.
SEC. 191204. SUPPLEMENTING THE COVID RESPONSE WORKFORCE.
(a) Expedited Green Cards for Certain Physicians in the United
States.--
(1) In general.--During the period described in paragraph
(3), an alien described in paragraph (2) may apply to acquire
the status of an alien lawfully admitted to the United States
for permanent residence consistent with section 201(b)(1) of
the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)).
(2) Alien described.--An alien described in this paragraph
is an alien physician (and the spouse and children of such
alien) who--
(A) has an approved immigrant visa petition under
section 203(b)(2)(B)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(2)(B)(ii)) and has
completed the service requirements for a waiver under
such section on or before the date of the enactment of
this title; and
(B) provides a statement to the Secretary of
Homeland Security attesting that the alien is engaged
in or will engage in the practice of medicine or
medical research involving the diagnosis, treatment, or
prevention of COVID-19.
(3) Period described.--The period described in this
paragraph is the period beginning on the date of the enactment
of this title and ending 180 days after the termination of the
public health emergency declared by the Secretary of Health and
Human Services under section 319 of the Public Health Service
Act (42 U.S.C. 247d), with respect to COVID-19.
(b) Expedited Processing of Nonimmigrant Petitions and
Applications.--
(1) In general.--In accordance with the procedures
described in paragraph (2), the Secretary of Homeland Security
shall expedite the processing of applications and petitions
seeking employment or classification of an alien as a
nonimmigrant to practice medicine, provide healthcare, engage
in medical research, or participate in a graduate medical
education or training program involving the diagnosis,
treatment, or prevention of COVID-19.
(2) Applications or petitions for new employment or change
of status.--
(A) Initial review.--Not later than 15 days after
the Secretary of Homeland Security receives an
application or petition for new employment or change of
status described in paragraph (1), the Secretary shall
conduct an initial review of such application or
petition and, if additional evidence is required, shall
issue a request for evidence.
(B) Decision.--
(i) In general.--The Secretary of Homeland
Security shall issue a final decision on an
application or petition described in paragraph
(1) not later than 30 days after receipt of
such application or petition, or, if a request
for evidence is issued, not later than 15 days
after the Secretary receives the applicant or
petitioner's response to such request.
(ii) E-mail.--In addition to delivery
through regular mail services, decisions
described in clause (i) shall be transmitted to
the applicant or petitioner via electronic
mail, if the applicant or petitioner provides
the Secretary of Homeland Security with an
electronic mail address.
(3) Termination.--This subsection shall take effect on the
date of the enactment of this title and shall cease to be
effective on the date that is 180 days after the termination of
the public health emergency declared by the Secretary of Health
and Human Services under section 319 of the Public Health
Service Act (42 U.S.C. 247d), with respect to COVID-19.
(c) Emergency Visa Processing.--
(1) Visa processing.--
(A) In general.--The Secretary of State shall
prioritize the processing of applications submitted by
aliens who are seeking a visa based on an approved
nonimmigrant petition to practice medicine, provide
healthcare, engage in medical research, or participate
in a graduate medical education or training program
involving the diagnosis, treatment, or prevention of
COVID-19.
(B) Interview.--
(i) In general.--The Secretary of State
shall ensure that visa appointments are
scheduled for aliens described in subparagraph
(A) not later than 7 business days after the
alien requests such an appointment.
(ii) Suspension of routine visa services.--
If routine visa services are unavailable in the
alien's home country--
(I) the U.S. embassy or consulate
in the alien's home country shall--
(aa) conduct the visa
interview with the alien via
video-teleconferencing
technology; or
(bb) grant an emergency
visa appointment to the alien
not later than 10 business days
after the alien requests such
an appointment; or
(II) the alien may seek a visa
appointment at any other U.S. embassy
or consulate where routine visa
services are available, and such
embassy or consulate shall make every
reasonable effort to provide the alien
with an appointment within 10 business
days after the alien requests such an
appointment.
(2) Interview waivers.--Except as provided in section
222(h)(2) of the Immigration and Nationality Act (8 U.S.C.
1202(h)(2)), the Secretary of State shall waive the interview
of any alien seeking a nonimmigrant visa based on an approved
petition described in paragraph (1)(A), if--
(A) such alien is applying for a visa--
(i) not more than 3 years after the date on
which such alien's prior visa expired;
(ii) in the visa classification for which
such prior visa was issued; and
(iii) at a consular post located in the
alien's country of residence or, if otherwise
required by regulation, country of nationality;
and
(B) the consular officer has no indication that
such alien has failed to comply with the immigration
laws and regulations of the United States.
(3) Termination.--This subsection shall take effect on the
date of the enactment of this title and shall cease to be
effective on the date that is 180 days after the termination of
the public health emergency declared by the Secretary of Health
and Human Services under section 319 of the Public Health
Service Act (42 U.S.C. 274d), with respect to COVID-19.
(d) Improving Mobility of Nonimmigrant COVID-19 Workers.--
(1) Licensure.--Notwithstanding section 212(j)(2) of the
Immigration and Nationality Act (8 U.S.C. 1182(j)(2)), for the
period described in paragraph (6), the Secretary of Homeland
Security may approve a petition for classification as a
nonimmigrant described under section 101(a)(15)(H)(i)(b) of
such Act, filed on behalf of a physician for purposes of
performing direct patient care if such physician possesses a
license or other authorization required by the State of
intended employment to practice medicine, or is eligible for a
waiver of such requirement pursuant to an executive order,
emergency rule, or other action taken by the State to modify or
suspend regular licensing requirements in response to the
COVID-19 public health emergency.
(2) Temporary limitations on amended h-1b petitions.--
(A) In general.--Notwithstanding any other
provision of law, the Secretary of Homeland Security
shall not require an employer of a nonimmigrant alien
described in section 101(a)(15)(H)(i)(b) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(i)(b)) to file an amended or new
petition under section 214(a) of such Act (8 U.S.C.
1184(a)) if upon transferring such alien to a new area
of employment, the alien will practice medicine,
provide healthcare, or engage in medical research
involving the diagnosis, treatment, or prevention of
COVID-19.
(B) Clarification on telemedicine.--Nothing in the
Immigration and Nationality Act or any other provision
of law shall be construed to require an employer of a
nonimmigrant alien described in section
101(a)(15)(H)(i)(b) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) to file an amended
or new petition under section 214(a) of such Act (8
U.S.C. 1184(a)) if the alien is a physician or other
healthcare worker who will provide remote patient care
through the use of real-time audio-video communication
tools to consult with patients and other technologies
to collect, analyze, and transmit medical data and
images.
(3) Permissible work activities for j-1 physicians.--
(A) In general.--Notwithstanding any other
provision of law, the diagnosis, treatment, or
prevention of COVID-19 shall be considered an integral
part of a graduate medical education or training
program and a nonimmigrant described in section
101(a)(15)(J) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(J)) who is participating in such a
program--
(i) may be redeployed to a new rotation
within the host training institution as needed
to engage in COVID-19 work; and
(ii) may receive compensation for such
work.
(B) Other permissible employment activities.--A
nonimmigrant described in section 101(a)(15)(J) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(J)) who is participating in a graduate
medical education or training program may engage in
work outside the scope of the approved program, if--
(i) the work involves the diagnosis,
treatment, or prevention of COVID-19;
(ii) the alien has maintained lawful
nonimmigrant status and has otherwise complied
with the terms of the education or training
program; and
(iii) the program sponsor approves the
additional work by annotating the
nonimmigrant's Certificate of Eligibility for
Exchange Visitor (J-1) Status (Form DS-2019)
and notifying the Immigration and Customs
Enforcement Student and Exchange Visitor
Program of the approval of such work.
(C) Clarification on telemedicine.--Section
214(l)(1)(D) of the Immigration and Nationality Act (8
U.S.C. 1184(l)(1)(D)) may be satisfied through the
provision of care to patients located in areas
designated by the Secretary of Health and Human
Services as having a shortage of health care
professionals, through the physician's use of real-time
audio-video communication tools to consult with
patients and other technologies to collect, analyze,
and transmit medical data and images.
(4) Portability of o-1 nonimmigrants.--A nonimmigrant who
was previously issued a visa or otherwise provided nonimmigrant
status under section 101(a)(15)(O)(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(O)(i)), and is seeking an
extension of such status, is authorized to accept new
employment under the terms and conditions described in section
214(n) of such Act (8 U.S.C. 1184(n)).
(5) Increasing the ability of physicians to change
nonimmigrant status.--
(A) Change of nonimmigrant classification.--Section
248(a) of the Immigration and Nationality Act (8 U.S.C.
1184(l)), is amended--
(i) in paragraph (1), by inserting ``and''
after the comma at the end;
(ii) by striking paragraphs (2) and (3);
and
(iii) by redesignating paragraph (4) as
paragraph (2).
(B) Admission of nonimmigrants.--Section
214(l)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1184(l)(2)(A)) is amended by striking
``Notwithstanding section 248(a)(2), the'' and
inserting ``The''.
(6) Termination.--This subsection shall take effect on the
date of the enactment of this title and except as provided in
paragraphs (2)(B), (3)(C), (4), and (5), shall cease to be
effective on that date that is 180 days after the termination
of the public health emergency declared by the Secretary of
Health and Human Services under section 319 of the Public
Health Service Act (42 U.S.C. 247d), with respect to COVID-19.
(e) Conrad 30 Program.--
(1) Permanent authorization.--Section 220(c) of the
Immigration and Nationality Technical Corrections Act of 1994
(Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking
``and before September 30, 2015''.
(2) Admission of nonimmigrants.--Section 214(l) of the
Immigration and Nationality Act (8 U.S.C. 1184(l)), is
amended--
(A) in paragraph (1)(B)--
(i) by striking ``30'' and inserting
``35''; and
(ii) by inserting ``, except as provided in
paragraph (4)'' before the semicolon at the
end; and
(B) by adding at the end the following:
``(4) Adjustment in waiver numbers.--
``(A) Increases.--
``(i) In general.--Except as provided in
clause (ii), if in any fiscal year, not less
than 90 percent of the waivers provided under
paragraph (1)(B) are utilized by States
receiving at least 5 such waivers, the number
of such waivers allotted to each State shall
increase by 5 for each subsequent fiscal year.
``(ii) Exception.--If 45 or more waivers
are allotted to States in any fiscal year, an
increase of 5 waivers in subsequent fiscal
years shall be provided only in the case that
not less than 95 percent of such waivers are
utilized by States receiving at least 1 waiver.
``(B) Decreases.--If in any fiscal year in which
there was an increase in waivers, the total number of
waivers utilized is 5 percent lower than in the
previous fiscal year, the number of such waivers
allotted to each State shall decrease by 5 for each
subsequent fiscal year, except that in no case shall
the number of waivers allotted to each State drop below
35.''.
(f) Temporary Portability for Physicians and Critical Healthcare
Workers in Response to COVID-19 Public Health Emergency.--
(1) In general.--Not later than 30 days after the date of
the enactment of this title, the Secretary of Homeland
Security, in consultation with the Secretary of Labor and the
Secretary of Health and Human Services, shall establish
emergency procedures to provide employment authorization to
aliens described in paragraph (2), for purposes of facilitating
the temporary deployment of such aliens to practice medicine,
provide healthcare, or engage in medical research involving the
diagnosis, treatment, or prevention of COVID-19.
(2) Aliens described.--An alien described in this paragraph
is an alien who is--
(A) physically present in the United States;
(B) maintaining lawful nonimmigrant status that
authorizes employment with a specific employer incident
to such status; and
(C) working in the United States in a healthcare
occupation essential to COVID-19 response, as
determined by the Secretary of Health and Human
Services.
(3) Employment authorization.--
(A) Application.--
(i) In general.--The Secretary of Homeland
Security may grant employment authorization to
an alien described in paragraph (2) if such
alien submits an Application for Employment
Authorization (Form I-765 or any successor
form), which shall include--
(I) evidence of the alien's current
nonimmigrant status;
(II) copies of the alien's academic
degrees and any licenses, credentials,
or other documentation confirming
authorization to practice in the
alien's occupation; and
(III) any other evidence determined
necessary by the Secretary of Homeland
Security to establish by a
preponderance of the evidence that the
alien meets the requirements of
paragraph (2).
(ii) Conversion of pending applications.--
The Secretary of Homeland Security shall
establish procedures for the adjudication of
any employment authorization applications for
aliens described in paragraph (2) that are
pending on the date of the enactment of this
title, and the issuance of employment
authorization documents in connection with such
applications in accordance with the terms and
conditions of this subsection, upon request by
the applicant.
(B) Fees.--The Secretary of Homeland Security shall
collect a fee for the processing of applications for
employment authorization as provided under this
paragraph.
(C) Request for evidence.--If all required initial
evidence has been submitted under this subsection but
such evidence does not establish eligibility, the
Secretary of Homeland Security shall issue a request
for evidence not later than 15 days after receipt of
the application for employment authorization.
(D) Decision.--The Secretary of Homeland Security
shall issue a final decision on an application for
employment authorization under this subsection not
later than 30 days after receipt of such application,
or, if a request for evidence is issued, not later than
15 days after the Secretary receives the alien's
response to such request.
(E) Employment authorization card.--An employment
authorization document issued under this subsection
shall--
(i) be valid for a period of not less than
1 year;
(ii) include the annotation ``COVID-19'';
and
(iii) notwithstanding any other provision
of law, allow the bearer of such document to
engage in employment during its validity
period, with any United States employer to
perform services described in paragraph (1).
(F) Renewal.--Subject to paragraph (5), the
Secretary of Homeland Security may renew an employment
authorization document issued under this subsection in
accordance with procedures established by the
Secretary.
(G) Clarifications.--
(i) Maintenance of status.--Notwithstanding
a reduction in hours or cessation of work with
the employer that petitioned for the alien's
underlying nonimmigrant status, an alien
granted employment authorization under this
subsection, and the spouse and children of such
alien shall, for the period of such
authorization, be deemed--
(I) to be lawfully present in the
United States; and
(II) to have continuously
maintained the alien's underlying
nonimmigrant status for purposes of an
extension of such status, a change of
nonimmigrant status under section 248
of the Immigration and Nationality Act
(8 U.S.C. 1258), or adjustment of
status under section 245 of such Act (8
U.S.C. 1255).
(ii) Limitations.--An employment
authorization document described in
subparagraph (E) may not be--
(I) utilized by the alien to engage
in any employment other than that which
is described in paragraph (1); or
(II) accepted by an employer as
evidence of authorization under section
274A(b)(1)(C) of the Immigration and
Nationality Act (8 U.S.C.
1324a(b)(1)(C)), to engage in
employment other than that which is
described in paragraph (1).
(4) Treatment of time spent engaging in covid-19-related
work.--Notwithstanding any other provision of law, time spent
by an alien physician engaged in direct patient care involving
the diagnosis, treatment, or prevention of COVID-19 shall count
towards--
(A) the 5 years that an alien is required to work
as a full-time physician for purposes of a national
interest waiver under section 203(b)(2)(B)(ii) of the
Immigration and Nationality Act (8 U.S.C.
1153(b)(2)(B)(ii)); and
(B) the 3 years that an alien is required to work
as a full-time physician for purposes of a waiver of
the 2-year foreign residence requirement under section
212(e) of the Immigration and Nationality Act (8 U.S.C.
1182(e)), as provided in section 214(l) of such Act (8
U.S.C. 1184(l)).
(5) Extension or termination.--The procedures described in
paragraph (1) shall take effect on the date that is 30 days
after the date of the enactment of this title and shall remain
in effect until 180 days after the termination of the public
health emergency declared by the Secretary of Health and Human
Services under section 319 of the Public Health Service Act (42
U.S.C. 247d), with respect to COVID-19.
(g) Special Immigrant Status for Nonimmigrant COVID-19 Workers and
Their Families.--
(1) In general.--The Secretary of Homeland Security may
grant a petition for special immigrant classification to an
alien described in paragraph (2) (and the spouse and children
of such alien) if the alien files a petition for special
immigrant status under section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) for classification under
section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)).
(2) Aliens described.--An alien is described in this
paragraph if, during the period beginning on the date that the
COVID-19 public health emergency was declared by the Secretary
of Health and Human Services under section 319 of the Public
Health Service Act (42 U.S.C. 247d) and ending 180 days after
the termination of such emergency, the alien was--
(A) authorized for employment in the United States
and maintaining a nonimmigrant status; and
(B) engaged in the practice of medicine, provision
of healthcare services, or medical research involving
the diagnosis, treatment, or prevention of COVID-19
disease.
(3) Priority date.--Subject to paragraph (5), immigrant
visas under paragraph (1) shall be made available to aliens in
the order in which a petition on behalf of each such alien is
filed with the Secretary of Homeland Security, except that an
alien shall maintain any priority date that was assigned with
respect to an immigrant visa petition or application for labor
certification that was previously filed on behalf of such
alien.
(4) Protections for surviving spouses and children.--
(A) Surviving spouses and children.--
Notwithstanding the death of an alien described in
paragraph (2), the Secretary of State may approve an
application for an immigrant visa, and the Secretary of
Homeland Security may approve an application for
adjustment of status to lawful permanent resident,
filed by or on behalf of a spouse or child of such
alien.
(B) Age-out protection.--For purposes of an
application for an immigrant visa or adjustment of
status filed by or on behalf of a child of an alien
described in paragraph (2), the determination of
whether the child satisfies the age requirement under
section 101(b)(1) of the Immigration and Nationality
Act (8 U.S.C. 1101(b)(1)) shall be made using the age
of the child on the date the immigrant visa petition
under paragraph (1) was approved.
(C) Continuation of nonimmigrant status.--A spouse
or child of an alien described in paragraph (2) shall
be considered to have maintained lawful nonimmigrant
status until the earlier of the date--
(i) on which the Secretary of Homeland
Security accepts for filing, an application for
adjustment of status based on a petition
described in paragraph (1); or
(ii) that is 2 years after the date of the
principal nonimmigrant's death.
(5) Numerical limitations.--
(A) In general.--The total number of principal
aliens who may be provided special immigrant status
under this subsection may not exceed 4,000 per year for
each of the 3 fiscal years beginning after the date of
the enactment of this title.
(B) Exclusion from numerical limitations.--Aliens
provided special immigrant status under this subsection
shall not be counted against any numerical limitations
under section 201(d), 202(a), or 203(b)(4) of the
Immigration and Nationality Act (8 U.S.C. 1151(d),
1152(a), or 1153(b)(4)).
(C) Carry forward.--If the numerical limitation
specified in subparagraph (A) is not reached during a
given fiscal year referred to in such subparagraph, the
numerical limitation specified in such subparagraph for
the following fiscal year shall be increased by a
number equal to the difference between--
(i) the numerical limitation specified in
subparagraph (A) for the given fiscal year; and
(ii) the number of principal aliens
provided special immigrant status under this
subsection during the given fiscal year.
SEC. 191205. ICE DETENTION.
(a) Reviewing ICE Detention.--During the public health emergency
declared by the Secretary of Health and Human Services under section
319 of the Public Health Service Act (42 U.S.C. 247d) with respect to
COVID-19, the Secretary of Homeland Security shall review the
immigration files of all individuals in the custody of U.S. Immigration
and Customs Enforcement to assess the need for continued detention. The
Secretary of Homeland Security shall prioritize for release on
recognizance or alternatives to detention individuals who are not
subject to mandatory detention laws, unless the individual is a threat
to public safety or national security.
(b) Access to Electronic Communications and Hygiene Products.--
During the period described in subsection (c), the Secretary of
Homeland Security shall ensure that--
(1) all individuals in the custody of U.S. Immigration and
Customs Enforcement--
(A) have access to telephonic or video
communication at no cost to the detained individual;
(B) have access to free, unmonitored telephone
calls, at any time, to contact attorneys or legal
service providers in a sufficiently private space to
protect confidentiality;
(C) are permitted to receive legal correspondence
by fax or email rather than postal mail; and
(D) are provided sufficient soap, hand sanitizer,
and other hygiene products; and
(2) nonprofit organizations providing legal orientation
programming or know-your-rights programming to individuals in
the custody of U.S. Immigration and Customs Enforcement are
permitted broad and flexible access to such individuals--
(A) to provide group presentations using remote
videoconferencing; and
(B) to schedule and provide individual orientations
using free telephone calls or remote videoconferencing.
(c) Period Described.--The period described in this subsection--
(1) begins on the first day of the public health emergency
declared by the Secretary of Health and Human Services under
section 319 of the Public Health Service Act (42 U.S.C. 247d)
with respect to COVID-19; and
(2) ends 90 days after the date on which such public health
emergency terminates.
TITLE XIII--CORONAVIRUS RELIEF FUND AMENDMENTS
SEC. 191301. CONGRESSIONAL INTENT RELATING TO TRIBAL GOVERNMENTS
ELIGIBLE FOR CORONAVIRUS RELIEF FUND PAYMENTS.
(a) Purpose.--The purpose of this section and the amendments made
by subsection (b) is to affirm the April 27, 2020, memorandum and
decision of the United States District Court for the District of
Columbia in Confederated Tribes of the Chehalis Reservation et al v.
Mnuchin (Case No. 1:20-cv-01002) and clarify the intent of Congress
that only Federally recognized Tribal Governments are eligible for
payments from the Coronavirus Relief Fund established in section 601 of
the Social Security Act, as added by section 5001(a) of the Coronavirus
Aid, Relief, and Economic Security Act (Public Law 116-136).
(b) Eligible Tribal Governments.--Effective as if included in the
enactment of the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136), section 601 of the Social Security Act, as added
by section 5001(a) of the Coronavirus Aid, Relief, and Economic
Security Act, is amended--
(1) in subsection (c)(7), by striking ``Indian Tribes'' and
inserting ``Tribal Governments''; and
(2) in subsection (g)--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively; and
(C) by striking paragraph (4) (as redesignated by
subparagraph (B)) and inserting the following:
``(4) Tribal government.--The term `Tribal Government'
means the recognized governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
identified (including parenthetically) in the list published
most recently as of the date of enactment of this Act pursuant
to section 104 of the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 5131).''.
(c) Rules Relating to Payments Made Before the Date of Enactment of
This Act.--
(1) Payments made to ineligible entities.--The Secretary of
the Treasury shall require any entity that was not eligible to
receive a payment from the amount set aside for fiscal year
2020 under subsection (a)(2)(B) of section 601 of the Social
Security Act, as added by section 5001(a) of the Coronavirus
Aid, Relief, and Economic Security Act (Public Law 116-136) and
after the application of the amendments made by subsection (a)
clarifying congressional intent relating to eligibility for
such a payment, to return the full payment to the Department.
(2) Distribution of payments returned by ineligible
entities.--The Secretary of the Treasury shall distribute
payments returned under paragraph (1), without further
appropriation or fiscal year limitation and not later than 7
days after receiving any returned funds as required under
paragraph (1) to Tribal Governments eligible for payments under
such section 601 of the Social Security Act, as amended by
subsection (a), in accordance with subsection (c)(7) of such
Act.
(3) Limitation on secretarial authority.--The Secretary of
the Treasury is prohibited from requiring an entity that is
eligible for a payment from the amount set aside for fiscal
year 2020 under subsection (a)(2)(B) of section 601 of the
Social Security Act, as amended by subsection(a), and that
received a payment before the date of enactment of this Act,
from requiring the entity to return all or part of the payment
except to the extent authorized under section 601(f) of such
Act in the case of a determination by the Inspector General of
the Department of the Treasury that the Tribal government
failed to comply with the use of funds requirements of section
601(d) of such Act.
SEC. 191302. REDISTRIBUTION OF AMOUNTS RECOVERED OR RECOUPED FROM
PAYMENTS FOR TRIBAL GOVERNMENTS; REPORTING REQUIREMENTS.
Effective as if included in the enactment of the Coronavirus Aid,
Relief, and Economic Security Act (Public Law 116-136), section
601(c)(7) of the Social Security Act, as added by section 5001(a) of
the Coronavirus Aid, Relief, and Economic Security Act, is amended--
(1) by striking ``From the amount'' and inserting the
following:
``(A) In general.--From the amount''; and
(2) by adding at the end the following:
``(B) Redistribution of funds.--
``(i) Requirement.--In carrying out the
requirement under subparagraph (A) to ensure
that all amounts available under subsection
(a)(2)(B) for fiscal year 2020 are distributed
to Tribal governments, the Secretary shall
redistribute any amounts from payments for
Tribal Governments that are recovered through
recoupment activities carried out by the
Inspector General of the Department of the
Treasury under subsection (f), without further
appropriation, using a procedure and
methodology determined by the Secretary in
consultation with Tribal Governments, to Tribal
Governments that apply for payments from such
amounts.
``(ii) Repayment.--In carrying out the
recoupment activities by the Inspector General
of the Department of the Treasury under
subsection (f), Treasury shall not impose any
additional fees, penalties, or interest
payments on Tribal Governments associated with
any amounts that are recovered.
``(C) Disclosure and reporting requirements.--
``(i) Disclosure of funding formula and
methodology.--Not later than 24 hours before
any payments for Tribal Governments are
distributed by the Secretary pursuant to the
requirements under subparagraph (A) and
subparagraph (B), the Secretary shall publish
on the website of the Department of the
Treasury--
``(I) a detailed description of the
funding allocation formula; and
``(II) a detailed description of
the procedure and methodology used to
determine the funding allocation
formula.
``(ii) Report to congress.--No later than 7
days after payments for Tribal Governments are
distributed by the Secretary pursuant to the
requirements under subparagraph (A) or
subparagraph (B), the Secretary shall submit to
the Committees on Appropriations of the House
of Representatives and the Senate, the Chair
and Ranking Members of the House Committee on
Natural Resources and the Chair and Vice-Chair
of the Senate Committee on Indian Affairs a
report summarizing--
``(I) an overview of actions taken
by the Secretary in carrying out the
requirements under subparagraph (A) and
subparagraph (B); and
``(II) the date and amount of all
fund disbursements, broken down by
individual Tribal Government
recipients.''.
SEC. 191303. USE OF RELIEF FUNDS.
Effective as if included in the Coronavirus, Aid, Relief, and
Economic Security Act (Public Law 116-136), section 601 of the Social
Security Act, as added by section 5001(a) of such Act, is amended by
striking subsection (d) and inserting the following:
``(d) Use of Funds.--A State, Tribal government, and unit of local
government shall use the funds provided under a payment made under this
section to
``(1) cover only those costs of the State, Tribal
government, or unit of local government that--
``(A) Are necessary expenditures incurred due to
the public health emergency with respect to the
coronavirus disease 2019 (COVID-19);
``(B) were not accounted for in the budget most
recently approved as of the date of enactment of this
section for the State or government; and
``(C) were incurred during the period that begins
on January 31, 2020, and ends on December 31, 2020; or
``(2) Replace lost, delayed, or decreased revenues,
stemming from the public health emergency with respect to the
coronavirus disease (COVID-19).''.
TITLE XIV--RURAL DIGITAL OPPORTUNITY
SEC. 191401. ACCELERATION OF RURAL DIGITAL OPPORTUNITY FUND PHASE I
AUCTION.
With respect to the Rural Digital Opportunity Fund Phase I auction
(in this section referred to as the ``auction'') provided for in the
Report and Order in the matter of Rural Digital Opportunity Fund and
Connect America Fund adopted by the Federal Communications Commission
(in this section referred to as the ``Commission'') on January 30, 2020
(FCC 20-5), the Commission shall modify the framework for the auction
adopted in such Report and Order as follows:
(1) The Commission shall begin accepting long-form
applications before the auction, not later than the earlier of
the date that is 30 days after the date on which the Commission
begins accepting short-form applications or July 31, 2020, from
such applicants as are willing to commit to the schedule
described in paragraph (3)(B) for deployment of networks
capable of providing symmetrical Gigabit performance service.
(2) If the long-form applications accepted pursuant to
paragraph (1) indicate that, for any census block or census
block group identified in the Preliminary List of Eligible
Areas released by the Commission on March 17, 2020, there is
only 1 qualified applicant willing to commit to provide
symmetrical Gigabit performance service pursuant to the
schedule described in paragraph (3)(B), the Commission shall,
not later than the earlier of September 30, 2020, or 30 days
before the start of the auction--
(A) award to such applicant Rural Digital
Opportunity Fund Phase I support for such census block
or census block group, at 100 percent of the reserve
price (in this paragraph referred to as the ``award'');
(B) remove such census block or census block group
from the auction; and
(C) reduce the budget for the auction by 75 percent
of the amount of the award and reduce the budget for
the Rural Digital Opportunity Fund Phase II auction
provided for in such Report and Order by 25 percent of
the amount of the award.
(3) The Commission shall require an applicant submitting a
long-form application pursuant to paragraph (1) to--
(A) not later than 30 days after the date on which
such applicant submits such long-form application,
provide a letter of commitment from a bank meeting the
Commission's eligibility requirements stating that the
bank would provide a letter of credit to such applicant
if such applicant becomes a winning bidder and is
awarded support; and
(B) commit to--
(i) begin construction not later than 6
months following funding authorization; and
(ii) begin to make service available not
later than 1 year following funding
authorization.
(4) If an applicant to which an award of support has been
made under paragraph (2)(A) for a census block or census block
group fails to meet the requirements of paragraph (3) with
respect to such award of support, the Commission shall revoke
such award of support and include such census block or census
block group for competitive bidding in the Rural Digital
Opportunity Fund Phase II auction provided for in such Report
and Order.
(5) The Commission shall require an applicant to which an
award of support has been made under paragraph (2)(A) to meet
the deployment schedule to which the applicant committed under
paragraph (3)(B).
SEC. 191402. ENSURING THE FCC CREATES ACCURATE SERVICE MAPS.
(a) Authorization of Appropriations.--Title VIII of the
Communications Act of 1934 (47 U.S.C. 641 et seq.) is amended by adding
at the end the following:
``SEC. 807. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to the Commission to carry
out this title--
``(1) $25,000,000 for fiscal year 2020; and
``(2) $9,000,000 for each of the fiscal years 2021 through
2027.''.
(b) Deadline for Creation of Maps.--Section 802(c)(1) of the
Communications Act of 1934 (47 U.S.C. 642(c)(1)) is amended by striking
``create'' and inserting ``create, not later than October 1, 2020''.
TITLE XV--FOREIGN AFFAIRS PROVISIONS
Subtitle A--Matters Relating to the Department of State
SEC. 191501. MITIGATION PLAN TO ASSIST FEDERAL VOTERS OVERSEAS IMPACTED
BY COVID-19.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense, shall submit to the appropriate congressional
committees a plan to mitigate the effects of limited or curtailed
diplomatic pouch capacities or other operations constraints at United
States diplomatic and consular posts, due to coronavirus, on overseas
voters (as such term is defined in section 107(5) of the Uniformed and
Overseas Citizens Absentee Voting Act (52 U.S.C. 20310(5))) seeking to
return absentee ballots and other balloting materials under such Act
with respect to elections for Federal office held in 2020. Such plan
shall include steps to--
(1) restore or augment diplomatic pouch capacities;
(2) facilitate using the Army Post Office, Fleet Post
Office, the United States mails, or private couriers, if
available;
(3) mitigate other operations constraints affecting
eligible overseas voters; and
(4) develop specific outreach plans to educate eligible
overseas voters about accessing all available forms of voter
assistance prior to the date of the regularly scheduled general
election for Federal office.
(b) Report on Efforts to Assist and Inform Federal Voters
Overseas.--Not later than 90 days before the date of the regularly
scheduled general election for Federal office held in November 2020,
the Secretary of State, in consultation with the Secretary of Defense,
shall report to the appropriate congressional committees on the
implementation of efforts to carry out the plan submitted pursuant to
subsection (a).
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
SEC. 191502. REPORT ON EFFORTS OF THE CORONAVIRUS REPATRIATION TASK
FORCE.
(a) In General.--Not later than the date specified in subsection
(b), the Secretary of State shall submit to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate a report evaluating the efforts of the
Coronavirus Repatriation Task Force of the Department of State to
repatriate United States citizens and legal permanent residents in
response to the 2020 coronavirus outbreak. The report shall identify--
(1) the most significant impediments to repatriating such
persons;
(2) the lessons learned from such repatriations; and
(3) any changes planned to future repatriation efforts of
the Department of State to incorporate such lessons learned.
(b) Deadline.--The date specified in this subsection is the earlier
of--
(1) the date that is 90 days after the date on which the
Coronavirus Repatriation Task Force of the Department of State
is disbanded; or
(2) September 30, 2020.
Subtitle B--Global Health Security Act of 2020
SEC. 191503. SHORT TITLE.
This subtitle may be cited as the ``Global Health Security Act of
2020''.
SEC. 191504. FINDINGS.
Congress finds the following:
(1) In December 2009, President Obama released the National
Strategy for Countering Biological Threats, which listed as one
of seven objectives ``Promote global health security: Increase
the availability of and access to knowledge and products of the
life sciences that can help reduce the impact from outbreaks of
infectious disease whether of natural, accidental, or
deliberate origin''.
(2) In February 2014, the United States and nearly 30 other
nations launched the Global Health Security Agenda (GHSA) to
address several high-priority, global infectious disease
threats. The GHSA is a multi-faceted, multi-country initiative
intended to accelerate partner countries' measurable
capabilities to achieve specific targets to prevent, detect,
and respond to infectious disease threats, whether naturally
occurring, deliberate, or accidental.
(3) In 2015, the United Nations adopted the Sustainable
Development Goals (SDGs), which include specific reference to
the importance of global health security as part of SDG 3
``ensure healthy lives and promote well-being for all at all
ages'' as follows: ``strengthen the capacity of all countries,
in particular developing countries, for early warning, risk
reduction and management of national and global health risks''.
(4) On November 4, 2016, President Obama signed Executive
Order 13747, ``Advancing the Global Health Security Agenda to
Achieve a World Safe and Secure from Infectious Disease
Threats''.
(5) In October 2017 at the GHSA Ministerial Meeting in
Uganda, the United States and more than 40 GHSA member
countries supported the ``Kampala Declaration'' to extend the
GHSA for an additional 5 years to 2024.
(6) In December 2017, President Trump released the National
Security Strategy, which includes the priority action: ``Detect
and contain biothreats at their source: We will work with other
countries to detect and mitigate outbreaks early to prevent the
spread of disease. We will encourage other countries to invest
in basic health care systems and to strengthen global health
security across the intersection of human and animal health to
prevent infectious disease outbreaks''.
(7) In September 2018, President Trump released the
National Biodefense Strategy, which includes objectives to
``strengthen global health security capacities to prevent local
bioincidents from becoming epidemics'', and ``strengthen
international preparedness to support international response
and recovery capabilities''.
SEC. 191505. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) promote global health security as a core national
security interest;
(2) advance the aims of the Global Health Security Agenda;
(3) collaborate with other countries to detect and mitigate
outbreaks early to prevent the spread of disease;
(4) encourage other countries to invest in basic resilient
and sustainable health care systems; and
(5) strengthen global health security across the
intersection of human and animal health to prevent infectious
disease outbreaks and combat the growing threat of
antimicrobial resistance.
SEC. 191506. GLOBAL HEALTH SECURITY AGENDA INTERAGENCY REVIEW COUNCIL.
(a) Establishment.--The President shall establish a Global Health
Security Agenda Interagency Review Council (in this section referred to
as the ``Council'') to perform the general responsibilities described
in subsection (c) and the specific roles and responsibilities described
in subsection (e).
(b) Meetings.--The Council shall meet not less than four times per
year to advance its mission and fulfill its responsibilities.
(c) General Responsibilities.--The Council shall be responsible for
the following activities:
(1) Provide policy-level recommendations to participating
agencies on Global Health Security Agenda (GHSA) goals,
objectives, and implementation.
(2) Facilitate interagency, multi-sectoral engagement to
carry out GHSA implementation.
(3) Provide a forum for raising and working to resolve
interagency disagreements concerning the GHSA.
(4)(A) Review the progress toward and work to resolve
challenges in achieving United States commitments under the
GHSA, including commitments to assist other countries in
achieving the GHSA targets.
(B) The Council shall consider, among other issues, the
following:
(i) The status of United States financial
commitments to the GHSA in the context of commitments
by other donors, and the contributions of partner
countries to achieve the GHSA targets.
(ii) The progress toward the milestones outlined in
GHSA national plans for those countries where the
United States Government has committed to assist in
implementing the GHSA and in annual work-plans
outlining agency priorities for implementing the GHSA.
(iii) The external evaluations of United States and
partner country capabilities to address infectious
disease threats, including the ability to achieve the
targets outlined within the WHO Joint External
Evaluation (JEE) tool, as well as gaps identified by
such external evaluations.
(d) Participation.--The Council shall consist of representatives,
serving at the Assistant Secretary level or higher, from the following
agencies:
(1) The Department of State.
(2) The Department of Defense.
(3) The Department of Justice.
(4) The Department of Agriculture.
(5) The Department of Health and Human Services.
(6) The Department of Labor.
(7) The Department of Homeland Security.
(8) The Office of Management and Budget.
(9) The United States Agency for International Development.
(10) The Environmental Protection Agency.
(11) The Centers for Disease Control and Prevention.
(12) The Office of Science and Technology Policy.
(13) The National Institutes of Health.
(14) The National Institute of Allergy and Infectious
Diseases.
(15) Such other agencies as the Council determines to be
appropriate.
(e) Specific Roles and Responsibilities.--
(1) In general.--The heads of agencies described in
subsection (d) shall--
(A) make the GHSA and its implementation a high
priority within their respective agencies, and include
GHSA-related activities within their respective
agencies' strategic planning and budget processes;
(B) designate a senior-level official to be
responsible for the implementation of this Act;
(C) designate, in accordance with subsection (d),
an appropriate representative at the Assistant
Secretary level or higher to participate on the
Council;
(D) keep the Council apprised of GHSA-related
activities undertaken within their respective agencies;
(E) maintain responsibility for agency-related
programmatic functions in coordination with host
governments, country teams, and GHSA in-country teams,
and in conjunction with other relevant agencies;
(F) coordinate with other agencies that are
identified in this section to satisfy programmatic
goals, and further facilitate coordination of country
teams, implementers, and donors in host countries; and
(G) coordinate across GHSA national plans and with
GHSA partners to which the United States is providing
assistance.
(2) Additional roles and responsibilities.--In addition to
the roles and responsibilities described in paragraph (1), the
heads of agencies described in subsection (d) shall carry out
their respective roles and responsibilities described in
subsections (b) through (i) of section 3 of Executive Order
13747 (81 Fed. Reg. 78701; relating to Advancing the Global
Health Security Agenda to Achieve a World Safe and Secure from
Infectious Disease Threats), as in effect on the day before the
date of the enactment of this Act.
SEC. 191507. UNITED STATES COORDINATOR FOR GLOBAL HEALTH SECURITY.
(a) In General.--The President shall appoint an individual to the
position of United States Coordinator for Global Health Security, who
shall be responsible for the coordination of the interagency process
for responding to global health security emergencies. As appropriate,
the designee shall coordinate with the President's Special Coordinator
for International Disaster Assistance.
(b) Congressional Briefing.--Not less frequently than twice each
year, the employee designated under this section shall provide to the
appropriate congressional committees a briefing on the responsibilities
and activities of the individual under this section.
SEC. 191508. SENSE OF CONGRESS.
It is the sense of the Congress that, given the complex and
multisectoral nature of global health threats to the United States, the
President--
(1) should consider appointing an individual with
significant background and expertise in public health or
emergency response management to the position of United States
Coordinator for Global Health Security, as required by [section
191505(a)], who is an employee of the National Security Council
at the level of Deputy Assistant to the President or higher;
and
(2) in providing assistance to implement the strategy
required under [section 191507(a)], should--
(A) coordinate, through a whole-of-government
approach, the efforts of relevant Federal departments
and agencies to implement the strategy;
(B) seek to fully utilize the unique capabilities
of each relevant Federal department and agency while
collaborating with and leveraging the contributions of
other key stakeholders; and
(C) utilize open and streamlined solicitations to
allow for the participation of a wide range of
implementing partners through the most appropriate
procurement mechanisms, which may include grants,
contracts, cooperative agreements, and other
instruments as necessary and appropriate.
SEC. 191509. STRATEGY AND REPORTS.
(a) Strategy.--The United States Coordinator for Global Health
Security (appointed under [section 191505(a)]) shall coordinate the
development and implementation of a strategy to implement the policy
aims described in [section 191503], which shall--
(1) set specific and measurable goals, benchmarks,
timetables, performance metrics, and monitoring and evaluation
plans that reflect international best practices relating to
transparency, accountability, and global health security;
(2) support and be aligned with country-owned global health
security policy and investment plans developed with input from
key stakeholders, as appropriate;
(3) facilitate communication and collaboration, as
appropriate, among local stakeholders in support of a multi-
sectoral approach to global health security;
(4) support the long-term success of programs by building
the capacity of local organizations and institutions in target
countries and communities;
(5) develop community resilience to infectious disease
threats and emergencies;
(6) leverage resources and expertise through partnerships
with the private sector, health organizations, civil society,
nongovernmental organizations, and health research and academic
institutions; and
(7) support collaboration, as appropriate, between United
States universities, and public and private institutions in
target countries and communities to promote health security and
innovation.
(b) Coordination.--The President, acting through the United States
Coordinator for Global Health Security, shall coordinate, through a
whole-of-government approach, the efforts of relevant Federal
departments and agencies in the implementation of the strategy required
under subsection (a) by--
(1) establishing monitoring and evaluation systems,
coherence, and coordination across relevant Federal departments
and agencies; and
(2) establishing platforms for regular consultation and
collaboration with key stakeholders and the appropriate
congressional committees.
(c) Strategy Submission.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President, in consultation with
the head of each relevant Federal department and agency, shall
submit to the appropriate congressional committees the strategy
required under subsection (a) that provides a detailed
description of how the United States intends to advance the
policy set forth in [section 191503] and the agency-specific
plans described in paragraph (2).
(2) Agency-specific plans.--The strategy required under
subsection (a) shall include specific implementation plans from
each relevant Federal department and agency that describes--
(A) the anticipated contributions of the department
or agency, including technical, financial, and in-kind
contributions, to implement the strategy; and
(B) the efforts of the department or agency to
ensure that the activities and programs carried out
pursuant to the strategy are designed to achieve
maximum impact and long-term sustainability.
(d) Report.--
(1) In general.--Not later than 1 year after the date on
which the strategy required under subsection (a) is submitted
to the appropriate congressional committees under subsection
(c), and not later than October 1 of each year thereafter, the
President shall submit to the appropriate congressional
committees a report that describes the status of the
implementation of the strategy.
(2) Contents.--The report required under paragraph (1)
shall--
(A) identify any substantial changes made in the
strategy during the preceding calendar year;
(B) describe the progress made in implementing the
strategy;
(C) identify the indicators used to establish
benchmarks and measure results over time, as well as
the mechanisms for reporting such results in an open
and transparent manner;
(D) contain a transparent, open, and detailed
accounting of expenditures by relevant Federal
departments and agencies to implement the strategy,
including, to the extent practicable, for each Federal
department and agency, the statutory source of
expenditures, amounts expended, partners, targeted
populations, and types of activities supported;
(E) describe how the strategy leverages other
United States global health and development assistance
programs;
(F) assess efforts to coordinate United States
global health security programs, activities, and
initiatives with key stakeholders;
(G) incorporate a plan for regularly reviewing and
updating strategies, partnerships, and programs and
sharing lessons learned with a wide range of
stakeholders, including key stakeholders, in an open,
transparent manner; and
(H) describe the progress achieved and challenges
concerning the United States Government's ability to
advance the Global Health Security Agenda across
priority countries, including data disaggregated by
priority country using indicators that are consistent
on a year-to-year basis and recommendations to resolve,
mitigate, or otherwise address the challenges
identified therein.
(e) Form.--The strategy required under subsection (a) and the
report required under subsection (d) shall be submitted in unclassified
form but may contain a classified annex.
SEC. 191510. COMPLIANCE WITH THE FOREIGN AID TRANSPARENCY AND
ACCOUNTABILITY ACT OF 2016.
Section 2(3) of the Foreign Aid Transparency and Accountability Act
of 2016 (Public Law 114-191; 22 U.S.C. 2394c note) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) the Global Health Security Act of 2020.''.
SEC. 191511. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(2) Global health security.--The term ``global health
security'' means activities supporting epidemic and pandemic
preparedness and capabilities at the country and global levels
in order to minimize vulnerability to acute public health
events that can endanger the health of populations across
geographical regions and international boundaries.
SEC. 191512. SUNSET.
This subtitle (other than section 191507), and the amendments made
by this subtitle, shall cease to be effective on December 31, 2024.
Subtitle C--Securing America From Epidemics Act
SEC. 191513. FINDINGS.
Congress finds the following:
(1) Due to increasing population and population density,
human mobility, and ecological change, emerging infectious
diseases pose a real and growing threat to global health
security.
(2) While vaccines can be the most effective tools to
protect against infectious disease, the absence of vaccines for
a new or emerging infectious disease with epidemic potential is
a major health security threat globally, posing catastrophic
potential human and economic costs.
(3) The 1918 influenza pandemic infected 500,000,000
people, or about one-third of the world's population at the
time, and killed 50,000,000 people--more than died in the First
World War.
(4) The economic cost of an outbreak can be devastating.
The estimated global cost today, should an outbreak of the
scale of the 1918 influenza pandemic strike, is 5 percent of
global gross domestic product.
(5) Even regional outbreaks can have enormous human costs
and substantially disrupt the global economy and cripple
regional economies. The 2014 Ebola outbreak in West Africa
killed more than 11,000 and cost $2,800,000,000 in losses in
the affected countries alone.
(6) The ongoing novel coronavirus outbreak reflects the
pressing need for quick and effective vaccine and
countermeasure development.
(7) While the need for vaccines to address emerging
epidemic threats is acute, markets to drive the necessary
development of vaccines to address them--a complex and
expensive undertaking--are very often critically absent. Also
absent are mechanisms to ensure access to those vaccines by
those who need them when they need them.
(8) To address this global vulnerability and the deficit of
political commitment, institutional capacity, and funding, in
2017, several countries and private partners launched the
Coalition for Epidemic Preparedness Innovations (CEPI). CEPI's
mission is to stimulate, finance, and coordinate development of
vaccines for high-priority, epidemic-potential threats in cases
where traditional markets do not exist or cannot create
sufficient demand.
(9) Through funding of partnerships, CEPI seeks to bring
priority vaccines candidates through the end of phase II
clinical trials, as well as support vaccine platforms that can
be rapidly deployed against emerging pathogens.
(10) CEPI has funded multiple partners to develop vaccine
candidates against the novel coronavirus, responding to this
urgent, global requirement.
(11) Support for and participation in CEPI is an important
part of the United States own health security and biodefense
and is in the national interest, complementing the work of many
Federal agencies and providing significant value through global
partnership and burden-sharing.
SEC. 191514. AUTHORIZATION FOR UNITED STATES PARTICIPATION.
(a) In General.--The United States is hereby authorized to
participate in the Coalition for Epidemic Preparedness Innovations.
(b) Privileges and Immunities.--The Coalition for Epidemic
Preparedness Innovations shall be considered a public international
organization for purposes of section 1 of the International
Organizations Immunities Act (22 U.S.C. 288).
(c) Reports to Congress.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that includes the
following:
(1) The United States planned contributions to the
Coalition for Epidemic Preparedness Innovations and the
mechanisms for United States participation in such Coalition.
(2) The manner and extent to which the United States shall
participate in the governance of the Coalition.
(3) How participation in the Coalition supports relevant
United States Government strategies and programs in health
security and biodefense, to include--
(A) the Global Health Security Strategy required by
section 7058(c)(3) of division K of the Consolidated
Appropriations Act, 2018 (Public Law 115-141);
(B) the applicable revision of the National
Biodefense Strategy required by section 1086 of the
National Defense Authorization Act for Fiscal Year 2017
(6 U.S.C. 104); and
(C) any other relevant decision-making process for
policy, planning, and spending in global health
security, biodefense, or vaccine and medical
countermeasures research and development.
(d) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
Subtitle D--Other Matters
SEC. 191515. AUTHORIZATION TO EXTEND MILLENNIUM CHALLENGE COMPACTS.
Notwithstanding the limitation in section 609(j) the Millennium
Challenge Act of 2003 (22 U.S.C. 7708), the Millennium Challenge
Corporation may extend any compact in effect as of January 29, 2020,
for up to one additional year to account for delays related to the
spread of coronavirus, if the Corporation provides to the Committee on
Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate a justification prior to providing any
such extension.
DIVISION T--ADDITIONAL OTHER MATTERS
SEC. 200001. APPLICATION OF LAW.
Notwithstanding any other provision of law, the prohibition under
section 213 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3153) shall not apply with respect to applications for
grants made under this Act or Public Law 116-136.
SEC. 200002. DISASTER RECOVERY OFFICE.
(a) In General.--Section 601(d)(2) of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3211(d)(2)) is amended--
(1) by striking ``(2) Release.--'' and inserting the
following:
``(2) Release.--
``(A) In general.--''; and
(2) by adding at the end the following:
``(B) Revolving loan fund program.--The Secretary
may release, subject to terms and conditions the
Secretary determines appropriate, the Federal
Government's interest in connection with a grant under
section 209(d) not less than 7 years after final
disbursement of the grant, if--
``(i) the recipient has carried out the
terms of the award in a satisfactory manner;
``(ii) any proceeds realized from the
release of the Federal Government's interest
will be used for one or more activities that
continue to carry out the economic development
purposes of this Act; and
``(iii) the recipient shall provide
adequate assurance to the Secretary that at all
times after release of the Federal Government's
interest in connection with the grant, the
recipient will be responsible for continued
compliance with the requirements of section 602
in the same manner it was responsible prior to
release of the Federal Government's interest
and that the recipient's failure to comply
shall result in the Secretary taking
appropriate action, including, but not limited
to, rescission of the release and recovery of
the Federal share of the grant.''.
(b) Office of Disaster Recovery.--Title V of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3191 et seq.) is amended by
adding at the end the following:
``SEC. 508. OFFICE OF DISASTER RECOVERY.
``(a) In General.--The Secretary shall create an Office of Disaster
Recovery to direct and implement the Agency's post-disaster economic
recovery responsibilities pursuant to sections 209(c)(2) and 703.
``(b) Authorization.--The Secretary is authorized to appoint and
fix the compensation of such temporary personnel as may be necessary to
implement disaster recovery measures, without regard to the provisions
of title 5, United States Code, governing appointments in the
competitive service.''.
(c) Clerical Amendment.--The table of contents for the Public Works
and Economic Development Act of 1965 is amended by inserting after the
item relating to section 507 the following new item:
``Sec. 508. Office of Disaster Recovery.''.
SEC. 200003. APPLICATION OF BUY AMERICAN.
Chapter 83 of title 41, United States Code, shall not apply with
respect to purchases made in response to 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.
SEC. 200004. PREMIUM PAY AUTHORITY.
(a) In General.--If services performed during calendar year 2020 or
2021 are determined by the head of the agency to be primarily related
to response or recovery operations arising out of an emergency or major
disaster declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.), any premium pay
that is funded, either directly or through reimbursement, by the
Federal Emergency Management Agency shall be exempted from the
aggregate of basic pay and premium pay calculated under section 5547(a)
of title 5, United States Code, and any other provision of law limiting
the aggregate amount of premium pay payable on a biweekly or calendar
year basis.
(b) Overtime Authority.--Any overtime that is funded for such
services described in subsection (a), either directly or through
reimbursement, by the Federal Emergency Management Agency shall be
exempted from any annual limit on the amount of overtime payable in a
calendar or fiscal year.
(c) Applicability of Aggregate Limitation on Pay.--In determining
whether an employee's pay exceeds the applicable annual rate of basic
pay payable under section 5307 of title 5, United States Code, the head
of an Executive agency shall not include pay exempted under this
section.
(d) Limitation of Pay Authority.--Pay exempted from otherwise
applicable limits under subsection (a) shall not cause the aggregate
pay earned for the calendar year in which the exempted pay is earned to
exceed the rate of basic pay payable for a position at level II of the
Executive Schedule under section 5313 of title 5, United States Code.
(e) Effective Date.--This section shall take effect as if enacted
on January 1, 2020.
SEC. 200005. COST SHARE.
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.
5191(b)), and under any subsequent major disaster declaration under
section 401 of such Act (42 U.S.C. 5170) that supersedes such emergency
declaration, shall be at a 100 percent Federal cost share.
SEC. 200006. CLARIFICATION OF ASSISTANCE.
(a) In General.--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 activities, costs, and purchases of States or
local governments or the owners or operators of eligible private
nonprofit organizations, including--
(1) 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);
(2) backfill costs for first responders and other essential
employees who are ill or quarantined;
(3) increased operating costs for essential government
services due to such emergency, including costs for
implementing continuity plans, and sheltering or housing for
first responders, emergency managers, health providers and
other essential employees;
(4) costs of providing guidance and information to the
public and for call centers to disseminate such guidance and
information;
(5) costs associated with establishing and operating
virtual services;
(6) costs for establishing and operating remote test sites;
(7) training provided specifically in anticipation of or in
response to the event on which such emergency declaration is
predicated;
(8) personal protective equipment and other critical
supplies for first responders and other essential employees;
(9) medical equipment, regardless of whether such equipment
is used for emergency or inpatient care;
(10) public health costs, including provision and
distribution of medicine and medical supplies;
(11) costs associated with maintaining alternate care
facilities or related facilities currently inactive but related
to future needs tied to the ongoing pandemic event;
(12) costs of establishing and operating shelters and
providing services, including transportation, that help
alleviate the need of individuals for shelter, including
individuals transitioning out of detention; and
(13) costs of procuring and distributing food to
individuals affected by the pandemic through networks
established by State, local, or Tribal governments or other
organizations, including restaurants and farms, and for the
purchase of food directly from food producers and farmers.
(b) Application to Subsequent Major Disaster.--The activities
described in subsection (a) may also be eligible for assistance under
any major disaster declared by the President under section 401 of such
Act (42 U.S.C. 5170) that supersedes the emergency declaration
described in such subsection.
(c) Financial Assistance for Funeral Expenses.--For any emergency
or major disaster described in subsection (a) or subsection (b), the
President shall provide financial assistance to an individual or
household to meet disaster-related funeral expenses under section
408(e)(1) of such Act (42 U.S.C. 5174(e)).
(d) Advanced Assistance.--In order to facilitate activities under
this section, the Administrator of the Federal Emergency Management
Agency may provide assistance in advance to an eligible applicant if a
failure to do so would prevent the applicant from carrying out such
activities.
(e) Rule of Construction.--Nothing in this section shall be
construed to make ineligible any assistance that would otherwise be
eligible under section 403, 408, or 502 of such Act (42 U.S.C. 5170b,
5174, 5192).
SEC. 200007. SAFETY UPGRADES IN GSA FACILITIES.
(a) Facility Safety Upgrades.--Not later than 60 days after the
date of enactment of this Act, the Administrator of the General
Services Administration shall take such actions as are necessary to
prevent airborne transmission of COVID-19 through air conditioning,
heating, ventilating, and water systems in facilities owned or leased
by the General Services Administration to ensure safe and healthy
indoor environments for Federal employees.
(b) Priorities.--Any projects carried out by the Administrator to
carry out this section shall prioritize indoor air and water
environmental quality in facilities and energy-saving building
technologies and products.
SEC. 200008. NON-FEDERAL TENANTS IN GSA FACILITIES.
(a) Prohibition on Referral to Debt Collection Agencies.--
Administrator of the General Services Administration may not refer any
non-Federal tenants of facilities owned by the Administration to a debt
collection agency during the national emergency declared by the
President under the National Emergencies Act (50 U.S.C. 1601 et seq.)
relating to COVID-19.
(b) Report on Rent Deferral Requests.--Not later than 30 days after
the date of enactment of this Act, the Administrator of the General
Services Administration shall submit to Congress a report containing
all requests for rent deferrals related to COVID-19 from non-Federal
tenants of facilities owned by the Administration.
SEC. 200009. TRANSIT COVID-19 REQUIREMENTS.
(a) In General.--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 SARS-CoV-2 or coronavirus
disease 2019 (COVID-19), recipients of funds under section 5307 of
title 49, United States Code, that serve an urbanized area with a
population of at least 500,000 individuals and that provided a minimum
of 20,000,000 unlinked passenger trips in the most recent year for
which data is available shall--
(1) require each passenger to wear a mask or protective
face covering while on board a public transportation vehicle;
(2) provide masks or protective face coverings, gloves, and
hand santizer and wipes with sufficient alcohol content to
operators, station managers, and other employees or contractors
whose job responsibilities include interaction with passengers;
(3) ensure public transportation vehicles operated by such
public transportation provider are cleaned, disinfected, and
sanitized frequently in accordance with Centers for Disease
Control and Prevention guidance and ensure that employees or
contractors whose job responsibilities involve such cleaning,
disinfecting, or sanitizing are provided masks or protective
face coverings and gloves;
(4) ensure stations and enclosed facilities owned,
operated, or used by such public transportation provider,
including facilities used for training or performance of indoor
maintenance, repair, or overhaul work, are cleaned,
disinfected, and sanitized frequently in accordance with
Centers for Disease Control and Prevention guidance and ensure
that employees or contractors whose job responsibilities
include such cleaning, disinfecting, or sanitizing are provided
masks or other protective face coverings and gloves; and
(5) establish guidelines, or adhere to applicable
guidelines, for notifying employees of a confirmed COVID-19
diagnosis of an employee of such public transportation
provider.
(b) Implementation.--The implementation of the requirement under
subsection (a)(1) shall be carried out in a manner determined by the
provider of public transportation.
(c) Availability.--If a provider of public transportation is unable
to acquire any of the items needed to comply with paragraph (2), (3),
or (4) of subsection (a) due to market unavailability, such provider
shall--
(1) prepare and make public documentation demonstrating
what actions have been taken to acquire such items; and
(2) continue efforts to acquire such items until they
become available.
SEC. 200010. REGULATION OF ANCHORAGE AND MOVEMENT OF VESSELS DURING
NATIONAL EMERGENCY.
Section 70051 of title 46, United States Code, is amended--
(1) in the section heading by inserting ``or public health
emergency'' after ``national emergency'';
(2) by inserting ``or whenever the Secretary of Health and
Human Services determines a public health emergency exists,''
after ``international relations of the United States'';
(3) by inserting ``or to ensure the safety of vessels and
persons in any port and navigable waterway,'' after ``harbor or
waters of the United States'';
(4) by inserting ``or public health emergency,'' after
``subversive activity''; and
(5) by inserting ``or to ensure the safety of vessels and
persons in any port and navigable waterway,'' after ``injury to
any harbor or waters of the United States,''.
SEC. 200011. MSP OPERATING VESSELS.
Notwithstanding part 296 of title 46, Code of Federal Regulations,
until December 31, 2020, or upon the written determination of the
Secretary of Transportation until June 31, 2021, the operator of a
vessel operating such vessel under an MSP Operating Agreement (as such
term is defined in section 296.2 of title 46, Code of Federal
Regulations)--
(1) shall not be required to comply with any requirement
with respect to operating days (as such term is defined in such
section) contained in such agreement; and
(2) shall maintain such vessel in a state of operational
readiness, including through the employment of the vessel's
crew complement, until the applicable date.
SEC. 200012. EXTENSION OF PERIOD OF PERFORMANCE FOR LIBRARY OF CONGRESS
SEVERABLE SERVICE CONTRACTS.
(a) Extension.--Notwithstanding sections 3902(a) and 3904(b) of
title 41, United States Code, if the performance or delivery of
services procured under a severable service contract of the Library of
Congress is delayed or otherwise affected by the COVID-19 Pandemic--
(1) the period for the performance or delivery of services
under the contract may be extended for an additional period not
exceeding 12 months; and
(2) funds shall remain available for obligation and
expenditure under the contract until the performance or
delivery of the services is completed.
(b) Contracts Covered.--This section applies with respect to
contracts for services procured for a period beginning in fiscal year
2019 or fiscal year 2020.
SEC. 200013. COVERAGE OF COMMUTING EXPENSES UNDER AUTHORITY OF
ARCHITECT OF THE CAPITOL TO MAKE EXPENDITURES IN RESPONSE
TO EMERGENCIES.
(a) Coverage of Commuting Expenses.--Section 1305(a)(2) of the
Legislative Branch Appropriations Act, 2010 (2 U.S.C. 1827(a)(2)) is
amended by inserting after ``refreshments,'' the following:
``transportation and other related expenses incurred by employees in
commuting between their residence and their place of employment,''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fiscal year 2020 and each succeeding fiscal year.
SEC. 200014. REPORTS ON SUICIDE AMONG MEMBERS OF THE ARMED FORCES
DURING THE COVID-19 PUBLIC HEALTH EMERGENCY.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, and monthly thereafter through December 31,
2021, the Secretary of Defense shall submit to the congressional
defense committees a report on suicide among members of the Armed
Forces during the covered public health emergency.
(b) Elements.--Each report under subsection (a) shall include, with
respect to the months covered by the report, the following:
(1) Incidents of suicide, attempted suicide, and suicidal
ideation by a member of the Armed Forces, including the reserve
components, listed by Armed Force.
(2) The incidents identified under paragraph (1) that
occurred during a period of active service by a member in
support of--
(A) a contingency operation; or
(B) an operation in response to a covered public
health emergency.
(3) With respect to the member involved in each incident
identified under paragraph (2):
(A) Gender.
(B) Age.
(C) Rank.
(D) Method of suicide or attempted suicide.
(4) Elements of a research agenda for the Department of
Defense to establish suicide prevention treatment and risk
communication for members of the Armed Forces that is--
(A) evidence-based;
(B) effective; and
(C) designed to apply to a covered public health
emergency.
(c) Definitions.--In this section:
(1) The terms ``active service'', ``congressional defense
committees'', and ``contingency operation'' have the meanings
given those terms in section 101 of title 10, United States
Code.
(2) The term ``covered public health emergency'' means the
declaration--
(A) of a public health emergency, based on an
outbreak of COVID-19, by the Secretary of Health and
Human Services under section 319 of the Public Health
Service Act (42 U.S.C. 247d); or
(B) of a domestic emergency, based on an outbreak
of COVID-19, by the President or the Secretary of
Homeland Security.
SEC. 200015. MODIFICATION TO MAINTENANCE OF EFFORT REQUIREMENT FOR
TEMPORARY INCREASE IN MEDICAID FMAP.
(a) In General.--Section 6008(b)(1) of the Families First
Coronavirus Response Act (42 U.S.C. 1396d note) is amended by inserting
``, or as signed into State law on April 15, 2020, and taking effect in
State law on April 3, 2020'' after ``January 1, 2020''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of the Families First
Coronavirus Response Act.
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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.
Rules Committee Resolution H. Res. 967 Reported to House. Rule provides for consideration of H. Res. 965 and H.R. 6800. Measure will be considered read. Bill is closed to amendments. Rule provides for one hour of debate on H. Res. 965 and two hours of debate on H.R. 6800.
Rule H. Res. 967 passed House.
Considered under the provisions of rule H. Res. 967. (consideration: CR H2042-2253)
Rule provides for consideration of H. Res. 965 and H.R. 6800. Measures will be considered read. Bills are closed to amendments. Rule provides for one hour of debate on H. Res. 965 and two hours of debate on H.R. 6800.
DEBATE - The House proceeded with two hours of debate on H.R. 6800.
The previous question was ordered pursuant to the rule.
Mr. Riggleman moved to recommit with instructions to the Committee on Ways and Means. (text: CR H2253)
DEBATE - The House proceeded with 10 minutes of debate on the Riggleman motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to strike in subtitle A of title I of division B, section 20102 pertaining to Individuals Providing Taxpayer Identification Numbers Taken into Account in Determining Credit and Rebates.
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The previous question on the motion to recommit with instructions was ordered without objection.
POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of Rule 19 further proceedings on H.R. 6800 were postponed.
Considered as unfinished business. (consideration: CR H2254-2255)
On motion to recommit with instructions Failed by the Yeas and Nays: 198 - 209 (Roll no. 108).
Roll Call #108 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 208 - 199 (Roll No. 109).
Roll Call #109 (House)On passage Passed by the Yeas and Nays: 208 - 199 (Roll No. 109). (text: CR H2042-2220)
Roll Call #109 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 455.
Committee on Small Business and Entrepreneurship. Hearings held. Hearings printed: S.Hrg. 116-517.