[Congressional Record Volume 166, Number 178 (Monday, October 19, 2020)]
[Senate]
[Pages S6075-S6295]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTION
By Mr. SCHUMER:
S. 4800. A bill to provide Coronavirus relief; read the first time.
Mr. SCHUMER. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 4800
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``The Heroes Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short Title.
Sec. 2. Table of Contents.
Sec. 3. References.
DIVISION A--CORONAVIRUS RECOVERY SUPPLEMENTAL APPROPRIATIONS ACT, 2021
DIVISION B--PROVIDING RELIEF TO STUDENTS, INSTITUTIONS OF HIGHER
EDUCATION, LOCAL EDUCATIONAL AGENCIES, AND STATE VOCATIONAL
REHABILITATION AGENCIES
Title I--Higher Education Provisions
Title II--Impact Aid and Migrant Education Coronavirus Relief
Title III--Career, Technical, and Adult Education
Title IV--Disability Employment
DIVISION C--PROTECTION FOR FAMILIES AND WORKERS
Title I--Amendments to Emergency Family and Medical Leave Expansion Act
and Emergency Paid Sick Leave Act
Title II--COVID-19 Every Worker Protection Act of 2020
Title III--COVID-19 Protections under Longshore and Harbor Workers'
Compensation Act
Title IV--Worker's Compensation for Federal and Postal Employees
Diagnosed with COVID-19
Title V--COVID-19 Workforce Development Response Activities
DIVISION D--HUMAN SERVICES AND COMMUNITY SUPPORTS
Title I--Stronger Child Abuse Prevention and Treatment
Title II--Child Nutrition and the Special Supplemental Nutrition
Program for Women, Infants, and Children
Title III--Related Programs
DIVISION E--SMALL BUSINESS PROVISIONS
Title I--Funding Provisions
Title II--Modifications to the Paycheck Protection Program
Title III--Tax Provisions
Title IV--COVID-19 Economic Injury Disaster Loan Program Reform
Title V--Micro-SBIC and Equity Investment Enhancement
Title VI--Miscellaneous
DIVISION F--REVENUE PROVISIONS
Title I--Economic Stimulus
Title II--Provisions to Prevent Business Interruption
Title III--Net Operating Losses
DIVISION G--RETIREMENT PROVISIONS
Title I--Relief for Multiemployer Pension Plans
Title II--Relief for Single Employer Pension Plans
Title III--Other Retirement Related Provisions
DIVISION H--GIVING RETIREMENT OPTIONS TO WORKERS ACT
DIVISION I--CONTINUED ASSISTANCE TO UNEMPLOYED WORKERS
Title I--Extensions of CARES Act Unemployment Benefits for Workers
Title II--Additional Weeks of Benefit Eligibility
Title III--Clarifications and Improvements to Pandemic Unemployment
Assistance
Title IV--Extension of Relief to States and Employers
Title V--Corrective Action for Processing Backlogs
Title VI--Additional Benefits for Mixed Earners
Title VII--Technical Corrections
DIVISION J--EMERGENCY ASSISTANCE, ELDER JUSTICE, AND CHILD AND FAMILY
SUPPORT
Title I--Emergency assistance
Title II--Reauthorization of Funding for Programs to Prevent,
Investigate, and Prosecute Elder Abuse, Neglect, and
Exploitation
Title III--Fairness for Seniors and People with Disabilities During
COVID-19
Title IV--Supporting Foster Youth and Families through the Pandemic
Title V--Pandemic State Flexibilities
DIVISION K--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
Title VII--Vaccine Development, Distribution, Administration, and
Awareness
Title VIII--Other Matters
DIVISION L--VETERANS AND SERVICEMEMBERS PROVISIONS
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, Connected
Devices, and Connectivity
Title III--Emergency Benefit for Broadband Service
Title IV--Continued Connectivity
Title V--Don't Break Up the T-Band
Title VI--COVID-19 Compassion and Martha Wright Prison Phone Justice
DIVISION N--AGRICULTURE PROVISIONS
Title I--Livestock and Poultry
Title II--Dairy
Title III--Specialty Crops and Other Commodities
Title IV--Commodity Credit Corporation
Title V--Conservation
Title VI--Nutrition
Title VII--Rural Development
DIVISION O--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--Protecting Student Borrowers
Title VI--Standing Up for Small Businesses, Minority-Owned Businesses,
and Non-Profits
Title VII--Promoting and Advancing Communities of Color through
Inclusive Lending
Title VIII--Providing Assistance for State, Territory, Tribal, and
Local Governments
Title IX--Support for a Robust Global Response to the Covid-19 Pandemic
Title X--Providing Oversight and Protecting Taxpayers
DIVISION P--ACCESS ACT
DIVISION Q--TRANSPORTATION AND INFRASTRUCTURE
Title I--Aviation
Title II--Federal Emergency Management Agency
Title III--Other matters
DIVISION R--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 S--FOREIGN AFFAIRS PROVISIONS
Title I--Matters Relating to the Department of State
Title II--Global Health Security Act of 2020
Title III--Securing America From Epidemics Act
DIVISION T--JUDICIARY MATTERS
Title I--Immigration Matters
Title II--Prisons and jails
Title III--Victims of Crime Act Amendments
Title IV--Jabara-Heyer NO HATE Act
Title V--Bankruptcy Protections
DIVISION U--OTHER MATTERS
Title I--Presumption of Service Connection for Coronavirus Disease 2019
Title II--Coronavirus Relief Fund Amendments
Title III--Energy and Environment Provisions
Title IV--Miscellaneous Matters
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
DIVISION A--CORONAVIRUS RECOVERY SUPPLEMENTAL APPROPRIATIONS ACT, 2021
The following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2021, and for other
purposes, namely:
[[Page S6076]]
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 expended, 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 amounts shall be in addition to
any other amounts available for such purposes: Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
RURAL DEVELOPMENT PROGRAMS
Rural Housing Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$10,000,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, including
administrative expenses: Provided, That such amounts shall
be in addition to any other amounts available for such
purposes: Provided further, That such amount is designated
by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
rental assistance program
For an additional amount for ``Rental Assistance Program'',
$309,000,000, to prevent, prepare for, and respond to
coronavirus, including for temporary adjustment of wage
income losses for residents of housing financed or assisted
under section 514, 515, or 516 of the Housing Act of 1949,
without regard to any existing eligibility requirements based
on income: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
DOMESTIC FOOD PROGRAMS
Food and Nutrition Service
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'',
$400,000,000: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
supplemental nutrition assistance program
For an additional amount for ``Supplemental Nutrition
Assistance Program'', $10,000,000,000, to prevent, prepare
for, and respond to coronavirus: Provided, That such amounts
shall be in addition to any other amounts available for such
purposes: Provided further, That such amount is designated
by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
commodity assistance program
For an additional amount for ``Commodity Assistance
Program'', $450,000,000, 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.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$1,500,000, to remain available until expended, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, for the purposes of holding one or more
advisory committee meetings to discuss requests for
authorization or applications for approval of vaccines for
coronavirus: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 101. For an additional amount for grants to Rural
Utilities Service borrowers, as authorized in section 701 of
division N of this Act, to prevent, prepare for, and respond
to coronavirus, $2,600,000,000, to remain available until
September 30, 2022: Provided, That such amount is designated
by Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 102. For an additional amount for the Commonwealth of
the Northern Mariana Islands, $14,000,000, for nutrition
assistance to prevent, prepare for, and respond to
coronavirus: Provided, That such amounts shall be in
addition to any other amounts available for such purposes:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 103. For an additional amount for the Commonwealth of
Puerto Rico, $1,236,000,000, for nutrition assistance to
prevent, prepare for, and respond to coronavirus: Provided,
That such amounts shall be in addition to any other amounts
available for such purposes: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 104. For an additional amount for American Samoa,
$9,117,000, for nutrition assistance to prevent, prepare for,
and respond to coronavirus: Provided, That such amounts
shall be in addition to any other amounts available for such
purposes: Provided further, That such amount is designated
by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Sec. 105. The matter preceding the first proviso under the
heading ``Commodity Assistance Program'' in title I of
division B of the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116-136), is amended by striking
``to prevent, prepare for, and respond to coronavirus,
domestically or internationally,'': Provided, That the
amounts repurposed pursuant to the amendment made 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. 106. For an additional amount for the program
established under section 7522 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 5936), to prevent, prepare for,
and respond to coronavirus, $20,000,000: Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 107. Section 11004 in title I of division B of the
Coronavirus Aid, Relief, and Economic Security Act (Public
Law 116-136) is amended by inserting after the fourth proviso
the following: ``Provided further, That the condition set
forth in section 9003(f) of the Farm Security and Rural
Investment Act of 2002 shall apply with respect to all
construction, alteration, or repair work carried out, in
whole or in part, with funds made available by this
section:'': Provided, That amounts repurposed pursuant to
the amendments made pursuant to this section are designated
by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Sec. 108. For necessary expenses for salary and related
costs associated with Agriculture Quarantine and Inspection
Services activities pursuant to 21 U.S.C. 136a(6), and in
addition to any other funds made available for this purpose,
there is appropriated, out of any money in the Treasury not
otherwise appropriated, $350,000,000, to remain available
until September 30, 2022, to offset the loss resulting from
the coronavirus pandemic of quarantine and inspection fees
collected pursuant to sections 2508 and 2509 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C.
136, 136a): Provided, That amounts made available in this
section and under the heading ``Animal and Plant Health
Inspection Service--Salaries and Expenses'' in the
Coronavirus Aid, Relief, and Economic Security Act (Public
Law 116-136) shall be treated as funds collected by fees
authorized under sections 2508 and 2509 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C.
136, 136a) for purposes of section 421(f) of the Homeland
Security Act of 2002 (6 U.S.C. 231(f)): Provided further,
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: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
TITLE II
COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For an additional amount for ``Operations and
Administration'', $20,000,000, to prevent, prepare for, and
respond to coronavirus: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
[[Page S6077]]
Minority Business Development Agency
minority business development
For an additional amount for ``Minority Business
Development'', $25,000,000, for necessary expenses for the
Business Centers and Specialty Centers, including any cost
sharing requirements that may exist, for assisting minority
business enterprises to prevent, prepare for, and respond to
coronavirus, including identifying and accessing local,
State, and Federal government assistance related to such
virus: 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 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, That such transfer authority is
in addition to any other transfer authority provided by law:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
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.
United States Patent and Trademark Office
salaries and expenses
For an additional amount for ``United States Patent and
Trademark Office, Salaries and Expenses'', $95,000,000, to
prevent, prepare for, and respond to coronavirus: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
National Institute of Standards and Technology
industrial technology services
For an additional amount for ``Industrial Technology
Services'', $70,000,000, of which $50,000,000 shall be for
the Hollings Manufacturing Extension Partnership to assist
manufacturers to prevent, prepare for, and respond to
coronavirus, and $20,000,000 shall be for the National
Network for Manufacturing Innovation (also known as
``Manufacturing USA'') to prevent, prepare for, and respond
to coronavirus, including to support development and
manufacturing of medical countermeasures and biomedical
equipment and supplies: Provided, That none of the funds
provided under this heading in this Act shall be subject to
cost share requirements under section 34(e)(7)(A) of the
National Institute of Standards and Technology Act (15 U.S.C.
278s(e)(7)(A)): Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
National Oceanic and Atmospheric Administration
procurement, acquisition and construction
For an additional amount for ``Procurement, Acquisition and
Construction'', $42,000,000, to prevent, prepare for, and
respond to coronavirus, by supporting continuity of National
Weather Service life and property related operations:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
fisheries promotion fund
For an additional amount for ``Fisheries Promotion Fund'',
$100,000,000, to remain available until September 30, 2022,
to prevent, prepare for, and respond to coronavirus, for
grants authorized by the Saltonstall-Kennedy Act of 1954 (15
U.S.C. 713c): Provided, That within the amount appropriated
under this heading in this Act, up to 2 percent of funds may
be transferred to the ``Operations, Research, and
Facilities'' account for management, administration, and
oversight of funds provided under this heading in this Act:
Provided further, That such transfer authority is in addition
to any other transfer authority provided by law: Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
fisheries disaster assistance
For an additional amount for ``Fisheries Disaster
Assistance'', $250,000,000, for activities authorized under
section 12005 of the Coronavirus Aid, Relief, and Economic
Security Act of 2020 (Public Law 116-136), including 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 of the funds
provided under this heading in this Act, $25,000,000 shall be
for Tribal fishery participants who belong to Federally
recognized Tribes in any of the Nation's States and
territories: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Departmental Management
office of inspector general
For an additional amount for ``Office of Inspector
General'', $2,000,000, to remain available until expended to
prevent, prepare for, and respond to coronavirus, 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 provisions--department of commerce
Sec. 201. Notwithstanding any other provision of law, the
Federal share for grants provided by the Economic Development
Administration under Public Law 116-93 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.
Sec. 202. The Secretary of Commerce may waive, in whole or
in part, the matching requirements under section 306 and
306A, and the cost sharing requirements under section 315, of
the Coastal Zone Management Act of 1972 (16 U.S.C. 1455,
1455a, and 1461 respectively) as necessary for fiscal years
2020, 2021, and 2022 upon written request by a coastal State.
Sec. 203. Amounts provided by this Act, or any other Act
making appropriations for fiscal year 2021, for the Hollings
Manufacturing Extension Partnership under the heading
``National Institute of Standards and Technology--Industrial
Technology Services'' shall not be subject to cost share
requirements under section 25(e)(2) of the National Institute
of Standards and Technology Act (15 U.S.C. 278k(e)(2)):
Provided, That the authority made available pursuant to this
section shall be elective for any Manufacturing Extension
Partnership Center that also receives funding from a State
that is conditioned upon the application of a Federal cost
sharing requirement.
DEPARTMENT OF JUSTICE
Federal Prison System
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$620,000,000, 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 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.
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'', $375,000,000, to
remain available until expended, of which--
(1) $100,000,000 is for formula grants to States and
territories to combat violence against women, as authorized
by part T of title I of the Omnibus Crime Control and Safe
Streets Acts of 1968;
(2) $40,000,000 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) $100,000,000 is for formula grants to States and
territories for sexual assault victims assistance, as
authorized by section 41601 of the 1994 Act;
[[Page S6078]]
(4) $20,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(5) $15,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the Victims
of Trafficking and Violence Protection Act of 2000 (Public
Law 106-386);
(6) $50,000,000 is for grants to Tribal governments, Tribal
coalitions, Tribal non-profit organizations and Tribal
organizations that serve Native victims for purposes
authorized under 34 U.S.C. 10441(d), 34 U.S.C. 12511(d), 34
U.S.C. 10452 and 34 U.S.C. 12511(e);
(7) $25,000,000 is for grants to enhance culturally
specific services for victims of domestic violence, dating
violence, sexual assault, and stalking, as authorized under
34 U.S.C. 20124 (commonly referred to as the ``Culturally
Specific Services Program''); and
(8) $25,000,000 is for grants for outreach and services to
underserved populations as authorized under 34 U.S.C. 20123
(commonly referred to as the ``Underserved Program''):
Provided, That a recipient of such funds shall not be
subject, as a condition for receiving the funds, to any
otherwise-applicable requirement to provide or obtain other
Federal or non-Federal 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.
Office Of Justice Programs
state and local law enforcement assistance
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 a recipient
of funds made available under this heading in this Act shall
not be subject, as a condition for receiving the funds, to
any otherwise-applicable requirement to provide or obtain
other Federal or non-Federal 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.
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 (title II of division T of this
Act, referred to in this paragraph as ``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 a recipient of funds made available under this
heading in this Act shall not be subject, as a condition for
receiving the funds, to any otherwise-applicable requirement
to provide or obtain other Federal or non-Federal 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.
juvenile justice programs
For an additional amount for ``Juvenile Justice Programs'',
$100,000,000, to remain available until expended, to prevent,
prepare for, and respond to coronavirus, of which $50,000,000
shall be for juvenile justice programs authorized by section
221 of the Juvenile Justice and Delinquency Prevention Act of
1974, and $50,000,000 shall be for programs authorized by the
Victims of Child Abuse Act of 1990: Provided, That funds
made available under this heading in this Act 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 for receiving 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.
SCIENCE
National Science Foundation
research and related activities
(including transfer of funds)
For an additional amount for ``Research and Related
Activities'', $2,587,000,000, to remain available until
September 30, 2022, to prevent, prepare for, and respond to
coronavirus, including to fund research grants: Provided,
That up to $2,537,000,000 shall be for necessary expenses,
including extensions of existing research grants, cooperative
agreements, scholarships, fellowships, and apprenticeships:
Provided further, That $1,000,000 shall be for a study on the
spread of COVID-19 related disinformation, as described in
section 204 of this Act: Provided further, That, of 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 transfer
authority is in addition to any other transfer authority
provided by law: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
education and human resources
For an additional amount for ``Education and Human
Resources'', $300,000,000, to remain available until
September 30, 2022, to prevent, prepare for, and respond to
coronavirus, including extensions of existing research
grants, cooperative agreements, scholarships, fellowships,
and apprenticeships: Provided, That, of 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 transfer authority is in
addition to any other transfer authority provided by law:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
administrative provision--science
study on covid-19 disinformation
Sec. 204. (a) Study.--No later than 30 days after the date
of enactment of this Act, the Director of the National
Science Foundation shall enter into an arrangement with the
National Academies of Science, Engineering, and Medicine
(National Academies) to conduct a study on the current
understanding of the spread of COVID-19-related
disinformation on the internet and social media platforms.
The study shall address the following:
(1) the role disinformation and misinformation has played
in the public response to COVID-19;
(2) the sources of COVID-19-related disinformation--both
foreign and domestic--and the mechanisms by which that
disinformation influences the public debate;
(3) the role social media plays in the dissemination and
promotion of COVID-19 disinformation and misinformation
content and the role social media platforms play in the
organization of groups seeking to spread COVID-19
disinformation;
(4) the potential financial returns for creators or
distributors of COVID-19 disinformation, and the role such
financial incentives play in the propagation of COVID-19
disinformation;
(5) potential strategies to mitigate the dissemination and
negative impacts of COVID-19 disinformation, including
specifically, the dissemination of disinformation on social
media, including through improved disclosures; and
(6) an analysis of the limitations of these mitigation
strategies, and an analysis of how these strategies can be
implemented without infringing on Americans' Constitutional
rights and civil liberties.
(b) Report.--In entering into an arrangement under this
section, the Director shall request that the National
Academies transmit to Congress a report on the results of the
study not later than 12 months after the date of enactment of
this Act.
(c) Authorization.--There is authorized to be appropriated
for the purposes of conducting the study in this section
$1,000,000.
RELATED AGENCIES
Legal Services Corporation
payment to the legal services corporation
For an additional amount for ``Payment to the Legal
Services Corporation'', $100,000,000, 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 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.
TITLE III
DEPARTMENT OF DEFENSE
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $100,000,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $100,000,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $10,000,000,
[[Page S6079]]
to prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $100,000,000, to prevent, prepare for, and
respond to coronavirus, domestically or internationally:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $10,000,000, to prevent, prepare for, and
respond to coronavirus, domestically or internationally:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$705,000,000, of which $175,000,000 shall be for operation
and maintenance, and $530,000,000 shall be for research,
development, test and evaluation, to prevent, prepare for,
and respond to coronavirus, domestically or internationally:
Provided, That prior to the obligation of such funds the
Assistant Secretary of Defense (Health Affairs) shall submit
to the Committees on Appropriations of the House of
Representatives and the Senate a spend plan on the use of
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.
GENERAL PROVISIONS--THIS TITLE
Sec. 301. For an additional amount for ``Operation and
Maintenance, Army'', $400,000,000, to prevent, prepare for,
and respond to coronavirus, domestically or internationally:
Provided, That such amount shall be used for necessary
expenses, including salaries, cleaning, utilities and
personal protective equipment, for recreational entities,
childcare development centers and other entities affected by
the coronavirus that derive funding from non-appropriated
accounts: Provided, That prior to the obligation of such
funds the Secretary of the Army shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a spend plan on the use of funds made
available by this section: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 302. For an additional amount for ``Operation and
Maintenance, Navy'', $400,000,000, to prevent, prepare for,
and respond to coronavirus, domestically or internationally:
Provided, That such amount shall be used for necessary
expenses, including salaries, cleaning, utilities and
personal protective equipment, for recreational entities,
childcare development centers and other entities affected by
the coronavirus that derive funding from non-appropriated
accounts: Provided, That prior to the obligation of such
funds the Secretary of the Navy shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a spend plan on the use of funds made
available by this section: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 303. For an additional amount for ``Operation and
Maintenance, Air Force'', $500,000,000, to prevent, prepare
for, and respond to coronavirus, domestically or
internationally: Provided, That such amount shall be used
for necessary expenses, including salaries, cleaning,
utilities and personal protective equipment, for recreational
entities, childcare development centers and other entities
affected by the coronavirus that derive funding from non-
appropriated accounts: Provided, That prior to the
obligation of such funds the Secretary of the Air Force shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a spend plan on the use of
funds made available by this section: Provided further, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 304. For an additional amount for ``Operation and
Maintenance, Marine Corps'', $100,000,000, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided, That such amount shall be used
for necessary expenses, including salaries, cleaning,
utilities and personal protective equipment, for recreational
entities, childcare development centers and other entities
affected by the coronavirus that derive funding from non-
appropriated accounts: Provided, That prior to the
obligation of such funds the Secretary of the Navy shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a spend plan on the use of
funds made available by this section: Provided further, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
TITLE IV
ENERGY AND WATER
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
water and related resources
For an additional amount for ``Water and Related
Resources'', $7,000,000, to prevent, prepare for, and respond
to coronavirus, domestically or internationally: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
DEPARTMENT OF ENERGY
Energy Programs
science
For an additional amount for ``Science'', $143,000,000, for
necessary expenses to offset the costs of impacts due to the
coronavirus pandemic or public health measures related to the
coronavirus pandemic for the following projects:
(1) Core Facility Revitalization,
(2) Large Synoptic Survey Telescope Camera,
(3) Linac Coherent Light Source II,
(4) Muon to Electron Conversion Experiment, and
(5) Super Cryogenic Dark Matter Search:
Provided,That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
departmental administration
For an additional amount for ``Departmental
Administration'', $1,300,000, to prevent, prepare for, and
respond to coronavirus, domestically or internationally,
including for necessary expenses related to personal
protective equipment: 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. 401. Funds appropriated in this title may be made
available to restore amounts, either directly or through
reimbursement, for obligations incurred for the same purposes
to prevent, prepare for, and respond to coronavirus prior to
the date of enactment of this Act.
Sec. 402. (a) Requirements relating to non-Federal cost-
share grants and cooperative agreements for the Delta
Regional Authority under section 382D of the Agricultural Act
of 1961 and Consolidated Farm and Rural Development Act (7
U.S.C. 2009aa--3) are waived for grants awarded in fiscal
year 2020 and in subsequent years in response to economic
distress directly related to the impacts of the Coronavirus
Disease (COVID-19).
(b) Requirements relating to non-Federal cost-share grants
and cooperative agreements for the Northern Border Regional
Commission under section 15501(d) of title 40, United States
Code, are waived for grants awarded in fiscal year 2020 and
in subsequent years in response to economic distress directly
related to the impacts of the Coronavirus Disease (COVID-19).
(c) Requirements relating to non-Federal cost-share grants
and cooperative agreements for the Denali Commission are
waived for grants awarded in fiscal year 2020 and in
subsequent years in response to economic distress directly
related to the impacts of the Coronavirus Disease (COVID-19).
(d) Amounts repurposed pursuant to 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 V
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
[[Page S6080]]
designated by the Congress as 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 202 of
division O of this Act, $21,000,000,000, 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.
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), $257,000,000,000 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) $9,500,000,000 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) $9,500,000,000 shall be for making payments to Tribal
governments, of which--
(A) $1,000,000,000 shall be allocated equally between each
Tribal government; and
(B) $8,500,000,000 shall be allocated as an additional
amount to each Tribal government in an amount determined by
the Secretary of the Treasury, in consultation with the
Secretary of the Interior and Tribal governments, 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 this subparagraph are distributed to
Tribal governments:
Provided, That not later than 24 hours before any payments
for Tribal governments are distributed by the Secretary of
the Treasury pursuant to this paragraph, the Secretary of the
Treasury shall publish on the website of the Department of
the Treasury a detailed description of the funding allocation
formulas used pursuant to this paragraph, and a detailed
description of the procedure and methodology used to
determine such funding allocation formula: Provided Further,
That not later than 7 days after any payments for Tribal
governments are so distributed, the Secretary shall publish
on the website of the Department of the Treasury the date and
amount of all fund disbursements, broken down by individual
Tribal government recipient; and
(3) $238,000,000,000 shall be for making payments to each
of the 50 States and the District of Columbia, of which--
(A) an amount equal to $1,250,000,000 less the amount
allocated for the District of Columbia pursuant to section
601(c)(6) of the Social Security Act, shall only be for
payment to the District of Columbia, in addition to any other
funding available for such purpose (including payments under
subparagraph (B) of this paragraph): Provided, 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; and
(B) the remainder shall be allocated between each such
entity in an amount which bears the same proportion to the
total amount provided under this paragraph 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 in August 2020 bears to the average estimated number
of seasonally-adjusted unemployed individuals in all such
entities: Provided, That the Secretary of the Treasury shall
adjust, on a pro rata basis, the amount allocated to each
such entity pursuant to the matter preceding this proviso in
this paragraph to the extent necessary to ensure a minimum
payment of $500,000,000 to each such entity:
Provided, 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
proviso shall be booked as a debt of such entity owed to the
Federal Government, and any amounts recovered 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 an entity receiving a payment from amounts provided
under this heading may transfer funds to a private nonprofit
organization (as that term is defined in paragraph (17) of
section 401 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11360(17)), or to a special-purpose unit of local
government or a multi-state entity involved in the
transportation of passengers or cargo: Provided further,
That as used under this heading in this Act, the term
``Tribal government'' has the same meaning 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 201 of division U of this Act,
and the term ``State'' means one of the 50 States: Provided
further, That the Secretary of Treasury shall make all
payments prescribed under this heading in this Act not later
than 30 days after 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.
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),
$179,000,000,000, 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) $89,500,000,000 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) $62,650,000,000 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;
and
(B) $26,850,000,000 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 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) $89,500,000,000 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 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
[[Page S6081]]
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 for purposes of this paragraph, the
District of Columbia shall be considered to consist of a
single county that is a unit of general local government:
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
proviso shall be booked as a debt of such entity owed to the
Federal Government, and any amounts recovered 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 an entity receiving a payment from amounts provided
under this heading may transfer funds to a private nonprofit
organization (as that term is defined in paragraph (17) of
section 401 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11360(17)), or to a special-purpose unit of local
government or a multi-state entity involved in the
transportation of passengers or cargo: 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.
covid-19 multi-state agency fiscal relief fund
For making payments to multi-State entities that are
involved in the transportation of passengers or cargo and are
suffering revenue losses due to the Coronavirus Disease 2019
(COVID-19) pandemic, $100,000,000, to remain available until
expended, which shall be in addition to any other amounts
available for making payments to States, metropolitan cities,
counties, and other units of state and general local
government (including payments made under section 601 of the
Social Security Act), and which shall be paid directly to
multi-State entities (as that term is used in 15 U.S.C.
9041(10)(D)) for use by multi-State entities: Provided, That
the funds provided under this paragraph shall be allocated to
a multi-State entity that is an eligible issuer and multi-
State entity under the terms set forth by the Federal Reserve
on June 3, 2020 for the Municipal Liquidity Facility
established by the Board of Governors of the Federal Reserve
System: Provided further, That such amounts shall be
allocated by the Secretary of the Treasury proportionally to
each multi-State entity covered under this paragraph based on
an amount equal to the product obtained by multiplying the
total amount appropriated to the Secretary under this
paragraph and the quotient obtained by dividing--
(1) the total gross operating revenue of the multi-State
entity receiving funds for fiscal year 2018; by
(2) the total gross operating revenue for fiscal year 2018
of all multi-State entities that are eligible to receive
funds under this paragraph:
Provided further, That neither a State nor local government
may serve as a pass-through for any amounts received by a
multi-State entity: Provided further, That such sums shall
be distributed directly by the Secretary to each multi-State
entity not later than December 31, 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 Financial Institutions Fund Program Account
For an additional amount for the ``Community Development
Financial Institutions Fund Program Account'',
$1,000,000,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: 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 not less than
$25,000,000 shall 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 provided under this heading in this Act available to
grantees not later than 60 days after 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. 501. For an additional amount for fiscal year 2021,
and in addition to the amounts otherwise available to the
Internal Revenue Service for the purposes specified in this
section, $359,000,000, 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 and subsequent
quarterly reports detailing the actual and expected
expenditures of such funds: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
THE JUDICIARY
Court Of Appeals, District Courts, And Other Judicial Services
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$25,000,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
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: 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 such transfer authority
is in addition to any other transfer authority provided by
law: 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 sections 101(d) and 103 of the Help
America Vote Act of 2002 (52 U.S.C. 20903): 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:
[[Page S6082]]
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. 502. (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) 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) or under this
heading in this Act 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.
(e) This section shall take effect as if included in the
enactment of the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116-136).
(f) The amounts repurposed pursuant to 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, 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.
For an additional amount for ``Salaries and Expenses'',
$200,000,000, to remain available until expended, to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, including to support efforts of health care
providers to address coronavirus by providing
telecommunications services, information services, and
devices necessary to enable the provision of telehealth
services during an emergency period, as defined in section
1135(g)(1) of the Social Security Act (42 U.S.C. 1320b-
5(g)(1)): Provided, That the Federal Communications
Commission may rely on the rules of the Commission under part
54 of title 47, Code of Federal Regulations, in administering
the amount provided under the heading in this Act if the
Commission determines that such administration is in the
public interest: Provided further, That up to $4,000,000
shall be used by the Office of Inspector General to audit and
conduct investigations of funds made available in this Act or
in the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136) to the Federal Communications Commission
for the provision of telehealth services during an emergency
period, and that the Office of Inspector General shall report
to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Energy and
Commerce of the House of Representatives, and the Committee
on Commerce, Science, and Transportation of the Senate each
month, until all emergency telehealth funding has been
obligated, on the status of approved applications, pending
applications, and rejected applications for such funding, and
on recommendations to improve the transparency and fairness
of distribution of such funding: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
emergency connectivity fund
For an additional amount for the ``Emergency Connectivity
Fund'', $12,000,000,000, to remain available until September
30, 2022, 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 201 of division M 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.
emergency broadband connectivity fund
For an additional amount for the ``Emergency Broadband
Connectivity Fund'', $3,000,000,000, 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 301 of division M 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.
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.
National Archives and Records Administration
records center revolving fund
For an additional amount for the ``Records Center Revolving
Fund'' for the Federal Record Centers Program, $92,000,000,
to prevent, prepare for, and respond to coronavirus,
domestically or internationally, which shall be for
offsetting the loss resulting from the coronavirus pandemic
of the user charges collected by such Fund pursuant to
subsection (c) under the heading ``Records Center Revolving
Fund'' in Public Law 106-58, as amended (44 U.S.C. 2901
note): Provided, That the amount provided under this heading
in this Act may be used to reimburse the Fund for obligations
incurred for this purpose prior to the date of the enactment
of this Act: Provided further, That such amount is provided
without regard to the limitation in subsection (d) under the
heading ``Records Center Revolving Fund'' in Public Law 106-
58, as amended (44 U.S.C. 2901 note): 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 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),
$50,000,000,000, to remain available until expended, to
prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided, That of the
amount provided under this heading in this Act,
$40,000,000,000 shall be for carrying out subsection (i) of
such section 1110: 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--small business administration
Sec. 503. For fiscal year 2021, commitments for general
business loans authorized under paragraphs (1) through (35)
of section 7(a) of the Small Business Act (15 U.S.C. 636(a))
shall not exceed $75,000,000,000 for a combination of
amortizing term loans and the aggregated maximum line of
credit provided by revolving loans.
United States Postal Service
payment to postal service fund
For an additional payment to the ``Postal Service Fund'',
for revenue forgone due to coronavirus, $15,000,000,000, 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.
[[Page S6083]]
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. 504. (a) Oversight of Covered Funds.--The matter
preceding the first proviso under the heading ``Independent
Agencies--Pandemic Response Accountability Committee'' in
title V of division B of the CARES Act (Public Law 116-136)
is amended by striking ``funds provided in this Act to
prevent, prepare for, and respond to coronavirus,
domestically or internationally'' and inserting `` `covered
funds', as that term is defined in section 15010 of this
Act''.
(b) Definition of Covered Funds.--Section 15010(a)(6) of
division B of the Coronavirus, Aid, Relief, and Economic
Security Act (Public Law 116-136) is amended--
(1) in subparagraph (A), by striking ``this Act'' and
inserting ``the Coronavirus Aid, Relief, and Economic
Security Act (divisions A and B) (Public Law 116-136)''; and
(2) by striking subparagraph (D) and inserting:
``(D) the Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116-139);
``(E) all divisions of this Act; or
``(F) The Heroes Act; and''.
(c) Appointment of Chairperson.--Section 15010(c) of
division B of the Coronavirus Aid, Relief, and Economic
Security 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''.
(d) Retroactive Reporting on Large Covered Funds.--
(1) Definitions.--In this subsection, the terms ``agency''
and ``large covered funds'' have the meanings given those
terms in section 15011 of division B of the Coronavirus, Aid,
Relief, and Economic Security Act (Public Law 116-136).
(2) Guidance.--
(A) In general.--Not later than 14 days after the date of
enactment of this Act, the Director of the Office of
Management and Budget shall issue guidance for agencies to
ensure the collection and timely reporting for the obligation
and expenditure of large covered funds under division A of
the CARES Act (Public Law 116-136) on and after the date of
enactment of that Act.
(B) Requirement.--The guidance issued under subparagraph
(A) shall require that, not later than 120 days after the
date of enactment of this Act, agencies shall make all
reports required under section 15011 of division B of the
CARES Act (Public Law 116-136) relating to large covered
funds under division A of such Act that have been expended or
obligated during the period beginning on the date of
enactment of the CARES Act (Public Law 116-136) and ending on
the day before the date of enactment of this Act.
(C) Rule of construction.--Nothing in this subsection shall
be construed to affect the deadlines for reporting under
section 15011 of division B of the CARES Act (Public Law 116-
136) relating to large covered funds that have been expended
or obligated under divisions A or B of such Act, on or after
the date of enactment of this Act.
(c) Designation.--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. 505. 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 pursuant to 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 VI
HOMELAND SECURITY
Office of Inspector General
operations and support
For an additional amount for ``Operations and Support'',
$3,000,000, for oversight of activities supported by funds
provided under ``Federal Emergency Management Agency--
Disaster Relief Fund'' in title VI of division B of Public
Law 116-136, in addition to amounts otherwise 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.
Federal Emergency Management Agency
federal assistance
For an additional amount for ``Federal Assistance'',
$1,300,000,000, 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. 601. Notwithstanding any other provision of law,
funds made available in this Act for ``Federal Emergency
Management Agency--Federal Assistance'' in this Act shall
only be used for the purposes specifically described under
that heading.
Sec. 602. (a) Subsections (c)(2) 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.
(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 III of division D of Public Law 116-93 and in
title VI of division B of Public Law 116-136.
(c) Amounts repurposed under this section that were
previously designated by the Congress 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. 603. Subsections (a)(1)(A), (a)(1)(B), (a)(1)(E),
(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 VII
INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
resource management
For an additional amount for ``Resource Management'',
$45,000,000, of which $15,000,000 shall be for wildlife
inspections, interdictions, and investigations and for
domestic and international efforts to address wildlife
trafficking; and of which $30,000,000 shall be for the care
of captive species listed under the Endangered Species Act,
rescued and confiscated wildlife, and other Federally-owned
animals in facilities experiencing lost revenues due to the
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 Park Service
national recreation and preservation
For an additional amount for ``National Recreation and
Preservation'', $20,000,000 for grants as authorized by the
9/11 Memorial Act (Public Law 115-413), 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.
Bureau of Indian Affairs
operation of indian programs
For an additional amount for ``Operation of Indian
Programs'', $900,000,000, 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:
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 such amounts shall be in
addition to any other amounts available for such purposes:
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
[[Page S6084]]
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
1308 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, respond to, and recover from
coronavirus, of which (1) $993,000,000 is for Capital
Improvement Project grants for hospitals and other critical
infrastructure; and (2) $7,000,000 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 pursuant to 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, for environmental justice grants
as described in section 302 of division U of this Act:
Provided, That such amounts shall be in addition to any other
amounts available for such purposes: Provided further, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For an additional amount for ``Indian Health Services'',
$1,734,000,000, 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, and
shall be in addition to any other amounts available for such
purposes: 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
section 106 of the Indian Self-Determination and Education
Assistance Act (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 under this
heading in this Act 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 1308 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.
indian health facilities
For an additional amount for ``Indian Health Facilities'',
$600,000,000, to prevent, prepare for, and respond to
coronavirus, 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, That such amounts may be used to
supplement amounts otherwise available for such purposes
under ``Indian Health Facilities'': Provided further, That
such amounts shall be in addition to any other amounts
available for such purposes: 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
section 106 of the Indian Self-Determination and Education
Assistance Act (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 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 1308 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'',
$135,000,000, 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 the funds made available under this heading in
this Act 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'',
$135,000,000, 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 the funds made available under this heading in
this Act 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 VIII
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'', $2,140,000,000, to prevent, prepare for, and
respond to coronavirus, of which $15,000,000 shall be
transferred to ``Program Administration'' to
[[Page S6085]]
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: 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: 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: 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) $500,000,000 for the dislocated workers assistance
national reserve; and
(5) $25,000,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including emergency
supportive services 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, and of which
$1,000,000 shall be for migrant and seasonal farmworker
housing:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
state unemployment insurance and employment service operations
For an additional amount for ``State Unemployment Insurance
and Employment Service Operations'', $538,500,000, to
prevent, prepare for, and respond to coronavirus, which may
be expended from the Employment Security Administration
Account in the Unemployment Trust Fund (``The Trust Fund''),
of which:
(1) $38,500,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system; and
(2) $500,000,000 from the Trust Fund is for grants to
States in accordance with section 6 of the Wagner-Peyser Act:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Wage and Hour Division
salaries and expenses
For an additional amount for ``Wage and Hour Division'',
$6,500,000 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 and 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.
Occupational Safety and Health Administration
salaries and expenses
For an additional amount for ``Occupational Safety and
Health Administration'', $100,000,000 for implementation of
section 202 of division B this Act, and 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 provisions--department of labor
Sec. 801. (a) There is hereby appropriated for an
additional amount 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.
(b)(1) Section 101(8) of the Continuing Appropriations Act,
2021 (division A of H.R. 8337 of the 116th Congress), is
amended by inserting ``except the first proviso following
paragraph (6) under the heading `Department of Labor--State
Unemployment Insurance and Employment Service Operations' ''
before the period.
(2) Any obligations and expenditures made for projects or
activities described in this section before the date of
enactment of this Act pursuant to the first proviso following
paragraph (6) under the heading ``Department of Labor--State
Unemployment Insurance and Employment Service Operations'' as
provided by section 101 of the Continuing Appropriations Act,
2021 shall be charged to the appropriation provided by this
section, consistent with section 107 of the Continuing
Appropriations Act, 2021.
Sec. 802. (a) Any funds made available under this Act to
support or fund apprenticeship programs shall only be used
for, or provided to, apprenticeship programs as defined in
subsection (b) 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 program.
(b) The term ``apprenticeship'' means an apprenticeship
program registered under the
[[Page S6086]]
Act of August 16, 1937 (commonly known as the ``National
Apprenticeship Act'') (50 Stat. 664, chapter 663; 29 U.S.C.
50 et seq.) and that complies with the requirements of
subpart A of part 29, Code of Federal Regulations, and part
30 of such title (as in effect on September 30, 2020).
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, 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.
HEALTH WORKFORCE
For an additional amount for ``Health Workforce'',
$1,000,000,000, to remain available until September 30, 2022,
to prevent, prepare for, and respond to coronavirus, of which
$800,000,000 shall be for carrying out title III of the
Public Health Service Act with respect to the health
workforce and $200,000,000 shall be for carrying out section
846 of such Act: Provided, That of the amount made available
under this heading in this Act for carrying out title III of
the Public Health Service Act with respect to the health
workforce, $100,000,000 shall be made available for purposes
of providing public health services through a supplemental
grant or grants to states currently participating in the NHSC
State Loan Repayment Program notwithstanding section 338I(b)
of the PHS Act, to make awards as authorized under section
338I(j) of the Public Health Service (PHS) Act, and
notwithstanding the health professional shortage area
requirements under 338I, the Secretary may develop rules
needed to implement this proviso: Provided further, That for
purposes of the previous proviso, notwithstanding section
338I(d)(2) of the PHS Act, no more than 10 percent of funds
made available in such supplemental grants may be used by the
state for administration of the State Loan Repayment Program
in that state: Provided further, That for the purposes of
these funds, the term ``primary health services'' and
``primary health care services'' as referenced in section
338I of the PHS Act, includes public health services, as
defined by the Secretary: Provided further, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
MATERNAL AND CHILD HEALTH
For an additional amount for ``Maternal and Child Health'',
$500,000,000, to prevent, prepare for, and respond to
coronavirus, for carrying out title V of the Social Security
Act with respect to maternal and child health: Provided,
That notwithstanding sections 502(a)(1) and 502(b)(1) of the
Social Security Act, such funds shall be available for awards
to states and territories to carry out special projects of
regional and national significance pursuant to section
501(a)(2) 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.
ryan white hiv/aids program
For an additional amount for ``Ryan White HIV/AIDS
Program'', $100,000,000, 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, and F, or
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 may attach to these funds or to funds awarded
under title XXVI with respect to the Ryan White HIV/AIDS
program 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'', $13,700,000,000, 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 550 of division K 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 made available under
this heading in this Act, not less than $1,000,000,000 shall
be for global disease detection and emergency response:
Provided further, That of the amount provided under this
heading in this Act, not less than $200,000,000 shall be for
public health data surveillance and analytics infrastructure
modernization: Provided further, That of the amount made
available under this heading in this Act, $7,000,000,000
shall be for activities to plan, prepare for, promote,
distribute, administer, monitor, and track coronavirus
vaccines, as described in section 703 of division K of this
Act, to ensure broad-based distribution, access, and vaccine
coverage: Provided further, That of the amount made
available under this heading in this Act, $1,000,000,000
shall be for necessary expenses for grants for an evidence-
based public awareness campaign on the importance of
vaccinations, as described in section 704 of division K of
this Act: Provided further, That of the amount made
available under this heading in this Act, $2,000,000,000
shall be for necessary expenses for grants to State, local,
Tribal, or territorial health departments to purchase or
procure personal protective equipment and other workplace
safety measures for use in containment and mitigation of
COVID-19 transmission among essential workers, as well as
provide funding to employers of essential workers for
containment and mitigation of COVID-19 transmission among
essential workers in their workplaces, as described in
section 651 of division K of this Act: Provided further,
That of the amount made available under this heading in this
Act, up to $500,000,000 shall be for activities to plan,
prepare for, promote, distribute, administer, monitor, and
track seasonal influenza vaccines to ensure broad-based
distribution, access, and vaccine coverage: Provided
further, That funds made available under this heading in this
Act may reimburse CDC obligations incurred for vaccine
planning, preparation, promotion, and distribution prior to
the enactment of this Act: Provided further, That the
Director of CDC shall report to the Committees on
Appropriations of the House of Representatives and the Senate
within 60 days of enactment of this Act on an enhanced
seasonal influenza vaccination strategy to include nationwide
vaccination goals and specific actions that CDC will take to
achieve such goals: 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 (Public Law 116-136), shall be subject to the
requirements of section 1621(b)(1)(I) of the Public Health
Service Act (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
[[Page S6087]]
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'', $8,500,000,000, to prevent, prepare for,
and respond to coronavirus: Provided, That of the funds made
available under this heading in this Act, $3,500,000,000
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, $4,000,000,000 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 amount made available in the
previous proviso, the Assistant Secretary is directed to
provide no less than 50 percent of funds directly to
facilities defined in section 1913(c) of the PHS Act:
Provided further, That of the amount made available under
this heading in this Act, not less than $600,000,000 is
available for Certified Community Behavioral Health Clinic
Expansion Grant program: Provided further, That of the
amount made available under this heading in this Act, not
less than $50,000,000 shall be available for suicide
prevention programs: 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,
$240,000,000 is available for activities authorized under
section 501(o) of the PHS Act: 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 with respect to
the amount appropriated under this heading in this Act the
Substance Abuse and Mental Health Services Administration may
waive requirements with respect to allowable activities,
timelines, or reporting requirements for the Substance Abuse
Prevention and Treatment Block Grant and the Community Mental
Health Services Block Grant as deemed necessary to facilitate
a grantee's response to coronavirus: Provided further, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Centers for Medicare & Medicaid Services
program management
For an additional amount for ``Program Management'',
$500,000,000, 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 pursuant to section 208 of division K
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.
Administration For Children And Families
low income home energy assistance
For an additional amount for ``Low Income Home Energy
Assistance'', $4,500,000,000, 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,
$2,250,000,000 shall be allocated as though the total
appropriation for such payments for fiscal year 2021 was less
than $1,975,000,000: Provided further, That section
2607(b)(2)(B) of such Act (42 U.S.C. 8626(b)(2)(B)) shall not
apply to funds made available under this heading in this Act:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
payments to states for the child care and development block grant
For an additional amount for ``Payments to States for the
Child Care and Development Block Grant'', $7,000,000,000, 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.
For an additional amount for ``Payments to States for the
Child Care and Development Block Grant'', $50,000,000,000,
for necessary expenses to carry out the Child Care
Stabilization Fund program, as authorized by section 803 of
this Act: Provided, That such funds shall be available
without regard to the requirements in subparagraphs (C)
through (E) of section 658E(c)(3) or section 658G of the
Child Care and Development Block Grant Act: Provided
further, That funds made available under this heading in this
Act may be made available to restore amounts, either directly
or through reimbursement, for obligations incurred prior to
the date of enactment of this Act for the purposes provided
herein: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
[[Page S6088]]
child care stabilization fund
Sec. 803. (a) Definitions.--In this section:
(1) CCDBG terms.--The terms ``eligible child care
provider'', ``Indian tribe'', ``lead agency'', ``tribal
organization'', ``Secretary'', and ``State'' have the
meanings given the terms in section 658P of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858n)
except as otherwise provided in this section.
(2) COVID-19 public health emergency.--The term ``COVID-19
public health emergency'' means the public health emergency
declared by the Secretary of Health and Human Services under
section 319 of the Public Health Service Act (42 U.S.C. 247d)
on January 31, 2020, with respect to COVID-19, including any
renewal of the declaration.
(b) Grants.--From the amounts appropriated to carry out
this section and under the authority of section 658O of the
Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858m) and this section, the Secretary shall award child care
stabilization grants to the lead agency of each State (as
defined in that section 658O), territory described in
subsection (a)(1) of such section, Indian tribe, and tribal
organization from allotments and payments made under
subsection (c)(2), not later than 30 days after the date of
enactment of this Act.
(c) Secretarial Reservation and Allotments.--
(1) Reservation.--The Secretary shall reserve not more than
1 percent of the funds appropriated to carry out this section
for the Federal administration of grants described in
subsection (b). Amounts reserved by the Secretary for
administrative expenses shall remain available until fiscal
year 2024.
(2) Allotments.--The Secretary shall use the remainder of
the funds appropriated to carry out this section to award
allotments to States, as defined in section 658O of the Child
Care Development Block Grant Act of 1990 (42 U.S.C. 9858m),
and payments to territories, Indian tribes, and tribal
organizations in accordance with paragraphs (1) and (2) of
subsection (a), and subsection (b), of section 658O of the
Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858m).
(d) State Reservations and Subgrants.--
(1) Reservation.--A lead agency for a State that receives a
child care stabilization grant pursuant to subsection (b)
shall reserve not more than 10 percent of such grant funds--
(A) to administer subgrants made to qualified child care
providers under paragraph (2), including to carry out data
systems building and other activities that enable the
disbursement of payments of such subgrants;
(B) to provide technical assistance and support in applying
for and accessing the subgrant opportunity under paragraph
(2), to eligible child care providers (including to family
child care providers, group home child care providers, and
other non-center-based child care providers, providers in
rural areas, and providers with limited administrative
capacity), either directly or through resource and referral
agencies or staffed family child care networks;
(C) to publicize the availability of subgrants under this
section and conduct widespread outreach to eligible child
care providers (including family child care providers, group
home child care providers, and other non-center-based child
care providers, providers in rural areas, and providers with
limited administrative capacity), either directly or through
resource and referral agencies or staffed family child care
networks, to ensure eligible child care providers are aware
of the subgrants available under this section;
(D) to carry out the reporting requirements described in
subsection (f); and
(E) to carry out activities to improve the supply and
quality of child care during and after the COVID-19 public
health emergency, such as conducting community needs
assessments, carrying out child care cost modeling, making
improvements to child care facilities, increasing access to
licensure or participation in the State's tiered quality
rating system, and carrying out other activities described in
section 658G(b) of the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858e(b)), to the extent that the lead
agency can carry out activities described in this
subparagraph without preventing the lead agency from fully
conducting the activities described in subparagraphs (A)
through (D).
(2) Subgrants to qualified child care providers.--
(A) In general.--The lead agency shall use the remainder of
the grant funds awarded pursuant to subsection (b) to make
subgrants to qualified child care providers described in
subparagraph (B), to support the stability of the child care
sector during and after the COVID-19 public health emergency
and to ensure the maintenance of a delivery system of child
care services throughout the State that provides for child
care in a variety of settings, including the settings of
family child care providers, and for a variety of ages,
including care for infants and toddlers. The lead agency
shall provide the subgrant funds in advance of provider
expenditures for costs described in subsection (e), except as
provided in subsection (e)(2).
(B) Qualified child care provider.--To be qualified to
receive a subgrant under this paragraph, a provider shall be
an eligible child care provider that--
(i) was providing child care services on or before March 1,
2020; and
(ii) on the date of submission of an application for the
subgrant, was either--
(I) open and available to provide child care services; or
(II) closed due to the COVID-19 public health emergency.
(C) Subgrant amount.--The lead agency shall make subgrants,
from amounts awarded pursuant to subsection (b), to qualified
child care providers, and the amount of such a subgrant to
such a provider shall--
(i) be based on the provider's stated average operating
expenses during the period (of not longer than 6 months)
before March 1, 2020, or before the provider's last day of
operation for a provider that operates seasonally, and at
minimum cover such operating expenses for the intended length
of the subgrant;
(ii) account for increased costs of providing or preparing
to provide child care as a result of the COVID-19 public
health emergency, such as provider and employee compensation
and existing benefits (existing as of March 1, 2020) and the
implementation of new practices related to sanitization,
group size limits, and social distancing;
(iii) be adjusted for payments or reimbursements made to an
eligible child care provider to carry out the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.)
or the Head Start Act (42 U.S.C. 9831 et seq.) if the period
of such payments or reimbursements overlaps with the period
of the subgrant award; and
(iv) be adjusted for payments or reimbursements made to an
eligible child care provider through the Paycheck Protection
Program set forth in section 7(a)(36) of the Small Business
Act (15 U.S.C. 636(a)(36)), as added by section 1102 of the
Coronavirus Aid, Relief, and Economic Security Act (Public
Law 116-136) if the period of such payments or reimbursements
overlaps with the period of the subgrant award.
(D) Application.--
(i) Eligibility.--To be eligible to receive a subgrant
under this paragraph, a child care provider shall submit an
application to a lead agency at such time and in such manner
as the lead agency may require. Such application shall
include--
(I) a good-faith certification that the ongoing operations
of the child care provider have been impacted as a result of
the COVID-19 public health emergency;
(II) for a provider described in subparagraph (B)(ii)(I),
an assurance that, for the duration of the subgrant--
(aa) the provider will give priority for available slots
(including slots that are only temporarily available) to--
(AA) children of essential workers (such as health care
sector employees, emergency responders, sanitation workers,
farmworkers, child care employees, and other workers
determined to be essential during the response to coronavirus
by public officials), children of workers whose places of
employment require their attendance, children experiencing
homelessness, children with disabilities, children at risk of
child abuse or neglect, and children in foster care, in
States, tribal communities, or localities where stay-at-home
or related orders are in effect; or
(BB) children of workers whose places of employment require
their attendance, children experiencing homelessness,
children with disabilities, children at risk of child abuse
or neglect, children in foster care, and children whose
parents are in school or a training program, in States,
tribal communities, or localities where stay-at-home or
related orders are not in effect;
(bb) the provider will implement policies in line with
guidance from the Centers for Disease Control and Prevention
and the corresponding State, tribal, and local authorities,
and in accordance with State, tribal, and local orders, for
child care providers that remain open, including guidance on
sanitization practices, group size limits, and social
distancing;
(cc) for each employee, the provider will pay the full
compensation described in subsection (e)(1)(C), including any
benefits, that was provided to the employee as of March 1,
2020 (referred to in this clause as ``full compensation''),
and will not take any action that reduces the weekly amount
of the employee's compensation below the weekly amount of
full compensation, or that reduces the employee's rate of
compensation below the rate of full compensation; and
(dd) the provider will provide relief from copayments and
tuition payments for the families enrolled in the provider's
program and prioritize such relief for families struggling to
make either type of payments;
(III) for a provider described in subparagraph (B)(ii)(II),
an assurance that--
(aa) for the duration of the provider's closure due to the
COVID-19 public health emergency, for each employee, the
provider will pay full compensation, and will not take any
action that reduces the weekly amount of the employee's
compensation below the weekly amount of full compensation, or
that reduces the employee's rate of compensation below the
rate of full compensation;
(bb) children enrolled as of March 1, 2020, will maintain
their slots, unless their families choose to disenroll the
children;
(cc) for the duration of the provider's closure due to the
COVID-19 public health emergency, the provider will provide
relief from copayments and tuition payments for the families
enrolled in the provider's program and prioritize such relief
for families struggling to make either type of payments; and
(dd) the provider will resume operations when the provider
is able to safely implement policies in line with guidance
from the
[[Page S6089]]
Centers for Disease Control and Prevention and the
corresponding State, tribal, and local authorities, and in
accordance with State, tribal, and local orders;
(IV) information about the child care provider's--
(aa) program characteristics sufficient to allow the lead
agency to establish the child care provider's priority
status, as described in subparagraph (F);
(bb) program operational status on the date of submission
of the application;
(cc) type of program, including whether the program is a
center-based child care, family child care, group home child
care, or other non-center-based child care type program;
(dd) total enrollment on the date of submission of the
application and total capacity as allowed by the State and
tribal authorities; and
(ee) receipt of assistance, and amount of assistance,
through a payment or reimbursement described in subparagraph
(C)(iv), and the time period for which the assistance was
made;
(V) information necessary to determine the amount of the
subgrant, such as information about the provider's stated
average operating expenses over the appropriate period,
described in subparagraph (C)(i); and
(VI) such other limited information as the lead agency
shall determine to be necessary to make subgrants to
qualified child care providers.
(ii) Frequency.--The lead agency shall accept and process
applications submitted under this subparagraph on a rolling
basis.
(iii) Updates.--The lead agency shall--
(I) at least once a month, verify by obtaining a self-
attestation from each qualified child care provider that
received such a subgrant from the agency, whether the
provider is open and available to provide child care services
or is closed due to the COVID-19 public health emergency;
(II) allow the qualified child care provider to update the
information provided in a prior application; and
(III) adjust the qualified child care provider's subgrant
award as necessary, based on changes to the application
information, including changes to the provider's operational
status.
(iv) Existing applications.--If a lead agency has
established and implemented a grant program for child care
providers that is in effect on the date of enactment of this
Act, and an eligible child care provider has already
submitted an application for such a grant to the lead agency
containing the information specified in clause (i), the lead
agency shall treat that application as an application
submitted under this subparagraph. If an eligible child care
provider has already submitted such an application containing
part of the information specified in clause (i), the provider
may submit to the lead agency an abbreviated application that
contains the remaining information, and the lead agency shall
treat the 2 applications as an application submitted under
this subparagraph.
(E) Materials.--
(i) In general.--The lead agency shall provide the
materials and other resources related to such subgrants,
including a notification of subgrant opportunities and
application materials, to qualified child care providers in
the most commonly spoken languages in the State.
(ii) Application.--The application shall be accessible on
the website of the lead agency within 30 days after the lead
agency receives grant funds awarded pursuant to subsection
(b) and shall be accessible to all eligible child care
providers, including family child care providers, group home
child care providers, and other non-center-based child care
providers, providers in rural areas, and providers with
limited administrative capacity.
(F) Priority.--In making subgrants under this section, the
lead agency shall give priority to qualified child care
providers that, prior to or on March 1, 2020--
(i) provided child care during nontraditional hours;
(ii) served dual language learners, children with
disabilities, children experiencing homelessness, children in
foster care, children from low-income families, or infants
and toddlers;
(iii) served a high proportion of children whose families
received subsidies under the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9857 et seq.) for the child
care; or
(iv) operated in communities, including rural communities,
with a low supply of child care.
(G) Providers receiving other assistance.--The lead agency,
in determining whether a provider is a qualified child care
provider, shall not take into consideration receipt of a
payment or reimbursement described in subparagraph (C)(iii)
or subparagraph (C)(iv).
(H) Awards.--The lead agency shall equitably make subgrants
under this paragraph to center-based child care providers,
family child care providers, group home child care providers,
and other non-center-based child care providers, such that
qualified child care providers are able to access the
subgrant opportunity under this paragraph regardless of the
providers' setting, size, or administrative capacity.
(I) Obligation.--The lead agency shall obligate at least 50
percent of funds available to carry out this section for
subgrants described in this paragraph, within 6 months of the
date of the enactment of this Act.
(e) Uses of Funds.--
(1) In general.--A qualified child care provider that
receives funds through such a subgrant may use the funds for
the costs of--
(A) payroll;
(B) employee benefits, including group health plan benefits
during periods of paid sick, medical, or family leave, and
insurance premiums;
(C) employee salaries or similar compensation, including
any income or other compensation to a sole proprietor or
independent contractor that is a wage, commission, income,
net earnings from self-employment, or similar compensation;
(D) employee recruitment and retention;
(E) payment on any mortgage obligation;
(F) rent (including rent under a lease agreement);
(G) utilities and facility maintenance;
(H) insurance;
(I) providing premium pay for child care providers and
other employees who provide services during the COVID-19
public health emergency;
(J) sanitization and other costs associated with cleaning;
(K) personal protective equipment and other equipment
necessary to carry out the functions of the child care
provider;
(L) training and professional development related to health
and safety practices, including the proper implementation of
policies in line with guidance from the Centers for Disease
Control and Prevention and the corresponding State, tribal,
and local authorities, and in accordance with State, tribal,
and local orders;
(M) purchasing or updating equipment and supplies to serve
children during nontraditional hours
(N) modifications to child care services as a result of the
COVID-19 public health emergency, such as limiting group
sizes, adjusting staff-to-child ratios, and implementing
other heightened health and safety measures;
(O) mental health supports for children and employees; and
(P) other goods and services necessary to maintain or
resume operation of the child care program, or to maintain
the viability of the child care provider as a going concern
during and after the COVID-19 public health emergency.
(2) Reimbursement.--The qualified child care provider may
use the subgrant funds to reimburse the provider for sums
obligated or expended before the date of enactment of this
Act for the cost of a good or service described in paragraph
(1) to respond to the COVID-19 public health emergency.
(f) Reporting.--
(1) Initial report.--A lead agency receiving a grant under
this section shall, within 60 days after making the agency's
first subgrant under subsection (d)(2) to a qualified child
care provider, submit a report to the Secretary that
includes--
(A) data on qualified child care providers that applied for
subgrants and qualified child care providers that received
such subgrants, including--
(i) the number of such applicants and the number of such
recipients;
(ii) the number and proportion of such applicants and
recipients that received priority and the characteristic or
characteristics of such applicants and recipients associated
with the priority;
(iii) the number and proportion of such applicants and
recipients that are--
(I) center-based child care providers;
(II) family child care providers;
(III) group home child care providers; or
(IV) other non-center-based child care providers; and
(iv) within each of the groups listed in clause (iii), the
number of such applicants and recipients that are, on the
date of submission of the application--
(I) open and available to provide child care services; or
(II) closed due to the COVID-19 public health emergency;
(B) the total capacity of child care providers that are
licensed, regulated, or registered in the State on the date
of the submission of the report;
(C) a description of--
(i) the efforts of the lead agency to publicize the
availability of subgrants under this section and conduct
widespread outreach to eligible child care providers about
such subgrants, including efforts to make materials available
in languages other than English;
(ii) the lead agency's methodology for determining amounts
of subgrants under subsection (d)(2);
(iii) the lead agency's timeline for disbursing the
subgrant funds; and
(iv) the lead agency's plan for ensuring that qualified
child care providers that receive funding through such a
subgrant comply with assurances described in subsection
(d)(2)(D) and use funds in compliance with subsection (e);
and
(D) such other limited information as the Secretary may
require.
(2) Quarterly report.--The lead agency shall, following the
submission of such initial report, submit to the Secretary a
report that contains the information described in
subparagraphs (A), (B), and (D) of paragraph (1) once a
quarter until all funds allotted for activities authorized
under this section are expended.
(3) Final report.--Not later than 60 days after a lead
agency receiving a grant under this section has obligated all
of the grant funds (including funds received under subsection
(h)), the lead agency shall submit a
[[Page S6090]]
report to the Secretary, in such manner as the Secretary may
require, that includes--
(A) the total number of eligible child care providers who
were providing child care services on or before March 1,
2020, in the State and the number of such providers that
submitted an application under subsection (d)(2)(D);
(B) the number of qualified child care providers in the
State that received funds through the grant;
(C) the lead agency's methodology for determining amounts
of subgrants under subsection (d)(2);
(D) the average and range of the subgrant amounts by
provider type (center-based child care, family child care,
group home child care, or other non-center-based child care
provider);
(E) the percentages of the child care providers that
received such a subgrant, that, on or before March 1, 2020--
(i) provided child care during nontraditional hours;
(ii) served dual language learners, children with
disabilities, children experiencing homelessness, children in
foster care, children from low-income families, or infants
and toddlers;
(iii) served a high proportion of children whose families
received subsidies under the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9857 et seq.) for the child
care; and
(iv) operated in communities, including rural communities,
with a low supply of child care;
(F) the number of children served by the child care
providers that received such a subgrant, for the duration of
the subgrant;
(G) the percentages, of the child care providers that
received such a subgrant, that are--
(i) center-based child care providers;
(ii) family child care providers;
(iii) group home child care providers; or
(iv) other non-center-based child care providers;
(H) the percentages, of the child care providers listed in
subparagraph (G) that are, on the date of submission of the
application--
(i) open and available to provide child care services; or
(ii) closed due to the COVID-19 public health emergency;
(I) information about how child care providers used the
funds received under such a subgrant;
(J) information about how the lead agency used funds
reserved under subsection (d)(1); and
(K) information about how the subgrants helped to stabilize
the child care sector.
(4) Reports to congress.--
(A) Findings from initial reports.--Not later than 60 days
after receiving all reports required to be submitted under
paragraph (1), the Secretary shall provide a report to the
Committee on Education and Labor of the House of
Representatives, to the Committee on Health, Education, Labor
and Pensions of the Senate, and to the Committees on
Appropriations of the House of Representatives and the
Senate, summarizing the findings from the reports received
under paragraph (1).
(B) Findings from final reports.--Not later than 36 months
after the date of enactment of this Act, the Secretary shall
provide a report to the Committee on Education and Labor of
the House of Representatives, to the Committee on Health,
Education, Labor and Pensions of the Senate, and to the
Committees on Appropriations of the House of Representatives
and the Senate, summarizing the findings from the reports
received under paragraph (3).
(g) Supplement Not Supplant.--Amounts made available to
carry out this section shall be used to supplement and not
supplant other Federal, State, and local public funds
expended to provide child care services for eligible
individuals, including funds provided under the Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9857 et
seq.) and State child care programs.
(h) Reallotment of Unobligated Funds.--
(1) Unobligated funds.-- A State, Indian tribe, or tribal
organization that anticipates being unable to obligate all
grant funds received under this section by September 30, 2022
shall notify the Secretary, at least 60 days prior to such
date, of the amount of funds it anticipates being unable to
obligate by such date. A State, Indian tribe, or tribal
organization shall return to the Secretary any grant funds
received under this section that the State, Indian tribe, or
tribal organization does not obligate by September 30, 2022.
(2) Reallotment.--The Secretary shall award new allotments
and payments, in accordance with subsection (c)(2), to
covered States, Indian tribes, or tribal organizations from
funds that are returned under paragraph (1) within 60 days of
receiving such funds. Funds made available through the new
allotments and payments shall remain available to each
covered State, Indian tribe, or tribal organization until
September 30, 2023.
(3) Covered state, indian tribe, or tribal organization.--
For purposes of paragraph (2), a covered State, Indian tribe,
or tribal organization is a State, Indian tribe, or tribal
organization that received an allotment or payment under this
section and was not required to return grant funds under
paragraph (1).
(i) Exceptions.--The Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9857 et seq.), excluding requirements
in subparagraphs (C) through (E) of section 658E(c)(3),
section 658G, and section 658J(c) of such Act (42 U.S.C.
9858c(c)(3), 9858e, 9858h(c)), shall apply to child care
services provided under this section to the extent the
application of such Act does not conflict with the provisions
of this section. Nothing in this Act shall be construed to
require a State, Indian tribe, or tribal organization to
submit an application, other than the application described
in section 658E or 658O(c) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858c, 9858m(c)), to
receive a grant under this Act.
(j) Application.--In carrying out the Child Care and
Development Block Grant Act of 1990 with funds other than the
funds made available under this heading in this Act, the
Secretary shall calculate the amounts of appropriated funds
described in subsections (a) and (b) of section 658O of such
Act (42 U.S.C. 9858m) by excluding funds made available under
this heading in this Act.
children and families services programs
For an additional amount for ``Children and Families
Services Programs'', $3,700,000,000, to prevent, prepare for,
and respond to coronavirus, which shall be used as follows:
(1) $1,700,000,000 for making payments under the Head Start
Act, including for Federal administrative expenses, and
allocated in an amount that bears the same ratio to such
portion as the number of enrolled children served by the
agency involved bears to the number of enrolled children by
all Head Start agencies: Provided, That none of the funds
made available in this paragraph shall be included in the
calculation of the ``base grant'' in subsequent fiscal years,
as such term is defined in sections 640(a)(7)(A),
641A(h)(1)(B), or 645(d)(3) of the Head Start Act: Provided
further, That funds made available in this paragraph are not
subject to the allocation requirements of section 640(a) of
the Head Start Act;
(2) $100,000,000 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;
(3) $75,000,000 for child welfare services as authorized by
subpart 1 of part B of title IV of the Social Security Act
(other than sections 426, 427, and 429 of such subpart), with
such funds available to grantees without regard to matching
requirements under section 424(a) of that Act or any
applicable reductions in Federal financial participation
under section 424(f) of that Act;
(4) $225,000,000 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;
(5) $100,000,000 for necessary expenses for the Child Abuse
Prevention and Treatment Act State Grant program as
authorized by Section 112 of such Act; and
(6) $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 303 of
division U 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 such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Administration for Community Living
aging and disability services programs
For an additional amount for ``Aging and Disability
Services Programs'', $1,000,000,000, to prevent, prepare for,
and respond to the coronavirus: Provided, That of the amount
made available under this heading in this Act, $925,000,000
shall be for activities authorized under the Older Americans
Act of 1965 (``OAA''), including $200,000,000 for supportive
services under part B of title III; $480,000,000 for
nutrition services under subparts 1 and 2 of part C of title
III; $20,000,000 for nutrition services under title VI;
$150,000,000 for supportive services for family caregivers
under part E of title III; $44,000,000 for evidence-based
health promotion and disease prevention services under part D
of title III; $6,000,000 for aging network support activities
to develop targeted outreach strategies to reach particularly
at-risk populations, including populations targeted under
section 306(a)(4)(A)(i)(l) of such Act; $20,000,000 for elder
rights protection activities, including the long-term
ombudsman program under title VII; 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
[[Page S6091]]
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, $50,000,000
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, $25,000,000 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.
For an additional amount for ``Aging and Disability
Services Programs'', $175,000,000, to prevent, prepare for,
and respond to the coronavirus, which shall be used as
follows:
(1) $5,000,000 for elder abuse, neglect, and exploitation
forensic centers, as authorized by section 2031(f) of the
Social Security Act (42 U.S.C. 1397l(f));
(2) $14,000,000 for grants for long-term care staffing and
technology, as authorized by section 2041(d) of the Social
Security Act (42 U.S.C. 1397m(d));
(3) $123,000,000 for adult protective services functions
and grants, as authorized by sections 2042(a)(2), 2042(b)(5),
and 2042(c)(6) of the Social Security Act (42 U.S.C. 1397m--
1);
(4) $18,000,000 for long-term care ombudsman program grants
and training, as authorized by sections 2043(a)(2) and
2043(b)(2) of the Social Security Act (42 U.S.C. 1397m--2);
(5) $14,000,000 for investigation systems and training, as
authorized by sections 6703(b)(1)(C) and 6703(b)(2)(C) of the
Patient Protection and Affordable Care Act (42 U.S.C. 1395i--
3a(b)); and
(6) $1,000,000 for assessment reports, as authorized by
section 207 of division J of this Act:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Office of the Secretary
public health and social services emergency fund
For an additional amount for ``Public Health and Social
Services Emergency Fund'', $21,025,000,000, 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,
$20,000,000,000 shall be available to the Biomedical Advanced
Research and Development Authority for necessary expenses of
advanced research, development, manufacturing, production,
and purchase of vaccines, therapeutics, and ancillary medical
products to prevent the spread of SARS-CoV-2 and COVID-19, as
described in section 702 of division K of this Act: 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 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'', $50,000,000,000, 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 611 of division K 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 title V of division K 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'', $208,058,000,000, 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-
[[Page S6092]]
half of 1 percent to the outlying areas and one-half of 1
percent to the Bureau of Indian Education (``BIE'') for BIE-
funded schools and Tribal Colleges or Universities for
activities consistent with this heading under such terms and
conditions as the Secretary may determine and in consultation
with the Secretary of the Interior: 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 85
percent of the funds received under the fourth 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 subgrants provided under the
preceding proviso shall be administered by State educational
agencies: Provided further, That States shall allocate 13
percent of the funds received under the fourth proviso as
subgrants to public institutions of higher education, of
which 75 percent shall be apportioned according to the
relative share in the State 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 relative share in the State of
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 may
use any funds received under the fourth proviso that are not
specifically reserved under this heading for additional
support to elementary, secondary, and postsecondary
education, including supports for 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 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 fourth
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
supplemental afterschool programs and 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 (including
through such activities as are authorized under Title III of
the ESEA, such as ensuring the access of English learners to
online learning, supporting professional development on
digital instruction for English learners, engagement with the
parents of English learners, expanded summer and after-school
programs, and mental health supports), 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 tuition, 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 (which shall
not include payment to contractors for the provision of pre-
enrollment recruitment activities): 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 fiscal year for which
State support for elementary and secondary education is
provided: Provided further, That any State receiving funding
under this heading shall maintain or exceed its per pupil
spending on elementary and secondary education in fiscal year
2019 or the proportion of such State's spending on elementary
and secondary education in fiscal year 2019 for fiscal years
2020, 2021, and 2022: Provided further, That a State
educational agency shall only be eligible to receive funds
under this Act if the State in which such agency is located,
in either of fiscal years 2021 and 2022, does not reduce
State funding for a high-need local educational agency
(defined as a local educational agency that has a higher
percentage of economically disadvantaged students than the
median local educational agency in the state) such that the
per-pupil reduction in State funds in each such high-need
local educational agency is more than the overall per-pupil
reduction in State funds, as calculated by the total
reduction in State funds provided to all local educational
agencies in the State divided by the total student enrollment
across all local educational agencies in the State: 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 financial aid) in
the 3 fiscal years preceding the fiscal year for which State
support for higher education is provided, 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 at least 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 (as defined by section
602 of IDEA) are afforded their full rights under IDEA,
including all rights and services outlined in individualized
education programs (``IEPs'') (as defined in section 614(d)
of IDEA), individualized family services plans (as defined by
section 636 of IDEA), and in section 504 of the
Rehabilitation Act of 1973: Provided further, That a State
receiving funds under this
[[Page S6093]]
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.
Elementary and Secondary School Emergency Facilities Aid
For an additional amount for ``Elementary and Secondary
School Emergency Facilities Aid'', $5,000,000,000 to prevent,
prepare for, and respond to coronavirus: Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Administrative Provision--Elementary and Secondary School Emergency
Facilities Aid
Sec. 804. (a)(1) Grants.--From the amount made available
under this heading in this Act, the Secretary shall make
elementary and secondary school emergency facilities grants
to each State educational agency with an approved
application. The Secretary shall issue a notice inviting
applications not later than 30 days of enactment of this Act
and approve or deny applications not later than 30 days after
receipt.
(2) For purposes of this section, a State designated agency
shall mean the State educational agency, unless the Governor
of a State designates a State agency other than the
educational agency as responsible for school facilities
improvement under this section and informs the Secretary of
such designation and the term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth of
Puerto Rico .
(b)(1) Allocations to States.--The amount of each grant
under subsection (a) shall be allocated by the Secretary to
each State in the same proportion as each State received
under part A of title I of the ESEA of 1965 in the most
recent fiscal year.
(2) State reservation.--A State may reserve not more than
\1/2\ of 1 percent for administration costs.
(3) Reservation for outlying areas and bureau of indian
education-funded schools.--The Secretary shall reserve from
the amount made available under this heading in this Act--
(A) one-half of 1 percent, to provide assistance to the
outlying areas; and
(B) one-half of 1 percent, for payments to the Secretary of
the Interior to provide assistance to Bureau of Indian
Education-funded schools.
(c) Subgrants to Local Educational Agencies.--Within 60
days of the State's approved application under paragraph (a),
each State shall allocate the remaining grant funds awarded
to the State under this section as subgrants to local
educational agencies in the State, with the grant funds
allocated to the local educational agencies with the highest
percentages of students eligible for a free or reduced price
lunch under the Richard B. Russell National School Lunch Act
(42. U.S.C. 1751 et. seq.) with the public school facilities
with the highest needs related to the coronavirus as
determined by the State.
(1) Public notice.--The State educational agency shall make
subgrant information available to the public on the State
educational agency website, including the local educational
agencies that received subgrant awards and the amounts
provided to each local educational agency.
(2) Subgrant applications.--To be considered for a subgrant
under this section, a qualified local educational agency
shall submit an application to the State educational agency
that shall include at minimum--
(A) a description of the coronavirus-related school
facility needs within the local educational agency; and
(B) an estimate of how much addressing the coronavirus-
related facility needs will cost.
(d) Uses of Funds.--A local educational agency that
receives funds under this section may use the funds for any
of the following:
(1) School facility repairs and improvements to enable
operation of schools to reduce risk of virus transmission and
exposure to environmental health hazards, and to support
student health needs.
(2) Inspection, testing, maintenance, repair, replacement,
and upgrade projects to improve the indoor air quality in
school facilities, including mechanical and non-mechanical
heating, ventilation, and air conditioning systems,
filtering, purification and other air cleaning, fans, control
systems, and window and door repair and replacement.
(3) School facility repairs and improvements to support
improved personal hygiene, such as repair, replacement, and
installation of sinks for hand washing and touchless water
dispensers for drinking, and health isolation areas.
(4) Inspection, testing, maintenance, repair, and
replacement of school facility potable water systems to
provide safe drinking water after prolonged shutoffs.
(5) Improvements to finishes, such as painting and other
surface repair, needed to enable effective sanitizing.
(6) Improvements to school grounds needed to enable outdoor
instruction and other physically distanced school activities.
(7) Training of school facility staff in association with
the above uses of funds.
(8) Planning, assessment, management, design, renovation,
repair and construction activities in association with the
above uses of funds.
(9) Inspection, testing, maintenance, repair, replacement,
and upgrade projects to electrical systems to allow or
improve information technology to provide virtual education.
(e) Priority.--A local educational agency that receives
funds under this section shall prioritize funds for its
school facilities that have the most significant facility
improvement needs with respect to responding to covid-19,
including those identified by the Centers for Disease Control
and Prevention.
(f) Reporting.--(1) The local educational agency shall
include the following information in a report to the State
educational agency within 60 days of receipt of grant funds--
(A) which schools benefitted from the funds in this
section;
(B) how much funding each selected school received; and
(C) a description of how the grant funds were used.
(2) The State educational agency shall include the
following information in a report to the Secretary within 6
months of receipt of grant funds--
(A) which local educational agencies received funding;
(B) how much funding was awarded to each receiving local
educational agency; and
(C) a summary on the uses of funds for projects receiving
funds under this section, including the amount of local or
state funds, if any, applied to projects.
(3) The Secretary shall prepare and submit a report 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 within 10 months
of the date of enactment of this Act, that includes a summary
of the types of projects that were funded with the grants.
Higher Education
For an additional amount for ``Higher Education'',
$11,942,000,000 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:
[[Page S6094]]
(1) $3,500,000,000 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, nonprofit
institutions of higher education, by apportioning--
(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 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 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 tuition, 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, to pay contractors for the
provision of pre-enrollment recruitment activities, or
provide funding for capital outlays associated with
facilities related to athletics, sectarian instruction, or
religious worship: Provided further, That any private,
nonprofit institution of higher education that is not
otherwise eligible for a grant of at least $1,000,000 under
paragraph (2)(A)(ii) of this heading and has a total
enrollment of at least 500 students shall be eligible to
receive, from amounts reserved under paragraph (2)(A)(i), 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 of the funds provided
under paragraph 2(B), the Secretary shall make an application
available for institutions of higher education to demonstrate
unmet need, which shall include for this purpose a dramatic
decline in revenue as a result of campus closure, exceptional
costs or challenges implementing distance education platforms
due to lack of a technological infrastructure, serving a
large percentage of students who lack access to adequate
technology to move to distance education, serving a region or
community that has been especially impacted by increased
unemployment and displaced workers, serving communities or
regions where the number of coronavirus cases has imposed
exceptional costs on the institution, and other criteria that
the Secretary shall identify after consultation with
institutions of higher education or their representatives:
Provided further, That no institution may receive an award
under the preceding proviso unless it has submitted an
application that describes the impact of the coronavirus on
the institution and the ways that the institution will use
the funds to ameliorate such impact: Provided further, That
the Secretary shall reallocate any funds received from an
institution to remaining institutions in accordance with
paragraph 2(A): Provided further, That the Secretary shall
brief the Committees on Appropriations fifteen days in
advance of making any application available for funds under
paragraph (2)(B): 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.
Institute of Education Sciences
For an additional amount for ``Institute of Education
Sciences'', $32,000,000 to prevent, prepare for, and respond
to coronavirus for carrying out the National Assessment of
Educational Progress Authorization Act (title III of Public
Law 107-279): 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'', $7,000,000, to remain available until expended, to
prevent, prepare for, and respond to coronavirus, including
for salaries and expenses necessary for oversight,
investigations and audits of programs, grants, and projects
funded in this Act to respond to coronavirus: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
General Provisions--Department of Education
Sec. 805. The remaining unobligated balances of funds made
available to ``Department of Education--Office of Inspector
General'' in title VIII of division B of the CARES Act
(Public Law 116-136) are hereby rescinded, and an amount of
additional new budget authority equivalent to the amount
rescinded is hereby appropriated, for an additional amount
for fiscal year 2021, 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 amounts rescinded pursuant to 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
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount is
designated by the Congress as 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. 806. 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 pursuant to the amendment made 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. 807. 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.
Sec. 808. (a) Local Activities and In-Person Care.--
Notwithstanding each provision in part B of title IV of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7171 et seq.) that requires activities under such part to be
carried out during nonschool hours or periods when school is
not in session, for school year 2020-2021, an eligible entity
that is awarded a subgrant under section 4204 of such Act (20
U.S.C. 7174) for community learning centers may use such
subgrant funds--
[[Page S6095]]
(1) to carry out activities described in section 4205 of
such Act (20 U.S.C. 7175), regardless of whether such
activities are conducted in-person or virtually, or during
school hours or when school is in session; and
(2) to provide in-person care during--
(A) the regular school day for students eligible to receive
services under part B of title IV of such Act (20 U.S.C. 7171
et seq.); and
(B) a period in which full-time in-person instruction is
not available for all such students served by such eligible
entity.
(b) Requirements.--An eligible entity may carry out the
activities described in subsection (a)(1) and the in-person
care described in subsection (a)(2) if--
(1) such activities and in-person care supplement but do
not supplant regular school day requirements;
(2) such eligible entity complies with section
4204(b)(2)(D) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7174(b)(2)(D)) with respect to the
activities carried out pursuant to this Act; and
(3) such eligible entity specifies in an application for a
subgrant under section 4204(b) of such Act (20 U.S.C.
7174(b)) with respect to such school year (or in an addendum
to such application) how the subgrant funds will be used to
carry out such activities or to provide such in-person care,
or both.
(c) Emergency Designation.--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.
Sec. 809. The Secretary of Education may allow funds
appropriated for grants under part B of title I and title VI
of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) for
fiscal year 2020 to be available for obligation and
expenditure during fiscal years 2020 and 2021: Provided,
That 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.
RELATED AGENCIES
Corporation For National And Community Service
For an additional amount for the ``Corporation for National
and Community Service'' (referred to under this heading as
``CNCS''), $336,000,000, to prevent, prepare for, and respond
to coronavirus, including to carry out the Domestic Volunteer
Service Act of 1973 (``1973 Act'') and the National and
Community Service Act of 1990 (``1990 Act''): Provided, That
$228,000,000 of the funds made available in this paragraph
may be used to make new and additional awards to new and
existing AmeriCorps grantees and may be used to provide
adjustments to awards under subtitle C of title I of the 1990
Act for which the Chief Executive Officer of CNCS determines
that a waiver of the Federal share limitation is warranted
under section 2521.70 of title 45 of the Code of Federal
Regulations: Provided further, That of the amount provided
in this paragraph, $26,000,000 shall be for programs under
title I, part A of the 1973 Act: Provided further, That of
the amount provided in this paragraph, $35,000,000 shall be
for programs under title II of the 1973 Act, and not less
than $23,000,000 of these funds shall be available for the
program under title II, part C of the 1973 Act: Provided
further, That of the amounts provided under this paragraph:
(1) up to 1 percent of the funds in this paragraph may be
used to defray the costs of conducting grant application
reviews, including the use of outside peer reviewers and
electronic management of the grants cycle; (2) $9,000,000
shall be available to provide assistance to State commissions
on national and community service, under section 126(a) of
the 1990 Act; (3) $5,000,000 shall be available to carry out
subtitle E of the 1990 Act; and (4) $12,000,000 shall be
available for expenses authorized under section 501(a)(4)(F)
of the 1990 Act, which shall be awarded by CNCS on a
competitive basis: Provided further, That for the purposes
of carrying out the 1990 Act, satisfying the requirements in
section 122(c)(1)(D) of such Act may include a determination
of need by the local community: Provided further, That up to
$21,000,000 may be transferred for necessary expenses of
administration as provided under section 501(a)(5) of the
1990 Act and under section 504(a) of the 1973 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.
payment to the national service trust
(including transfer of funds)
For an additional amount for ``National Service Trust'',
$14,000,000, to remain available until expended: Provided,
That CNCS may transfer additional funds from the amount
provided under the heading ``Corporation for National and
Community Service'' in this Act for grants made under
subtitle C of title I of the 1990 Act to this appropriation
upon determination that such transfer is necessary to support
the activities of national service participants and after
notice is transmitted to the Committees on Appropriations of
the House of Representatives and the Senate: Provided
further, That the amount appropriated for or transferred to
the National Service Trust may be invested under section
145(b) of the 1990 Act without regard to the requirement to
apportion funds under 31 U.S.C. 1513(b): 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.
Corporation for Public Broadcasting
For an additional amount for fiscal year 2021 for
``Corporation for Public Broadcasting,'' $175,000,000 to
prevent, prepare for, and respond to coronavirus, including
for fiscal stabilization grants to public telecommunications
entities, as defined by 47 U.S.C. 397(12), with no deduction
for administrative or other costs of the Corporation, to
maintain programming and services and preserve small and
rural stations threatened by declines in non-Federal
revenues: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For an additional amount for ``Institute of Museum and
Library Services'', $135,000,000 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 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, and of
which $8,300 shall be for administrative costs related to
implementing rebate 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.
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.
SOCIAL SECURITY ADMINISTRATION
Limitation on Administrative Expenses
For an additional amount for ``Limitation on Administrative
Expenses'', $40,500,000, to prevent, prepare for, and respond
to coronavirus, domestically or internationally, for
necessary expenses to carry out additional recovery rebates
to individuals, as described in section 101 of division F of
this Act: Provided, That of the amount made available under
this heading in this Act, $2,500,000, to remain available
until September 30, 2025, 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: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 810. 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. 811. Funds appropriated by this title may be used by
the Secretary of the Department of Health and Human Services
to appoint, without regard to the provisions of sections 3309
through 3319 of title 5 of the United States Code, candidates
needed for positions to perform critical work relating to
coronavirus for which--
(1) public notice has been given; and
(2) the Secretary has determined that such a public health
threat exists.
Sec. 812. 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
[[Page S6096]]
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. 813. 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. 814. Of the funds appropriated by this title under
the heading ``Public Health and Social Services Emergency
Fund'', $25,000,000 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 IX
LEGISLATIVE BRANCH
SENATE
Contingent Expenses of the Senate
sergeant at arms and doorkeeper of the senate
For an additional amount for ``Sergeant at Arms and
Doorkeeper of the Senate'', $6,345,000, to remain available
until expended, to prevent, prepare for, and respond to
coronavirus, which shall be allocated in accordance with a
spend plan submitted to the Committee on Appropriations of
the Senate: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
HOUSE OF REPRESENTATIVES
Allowances and Expenses
For an additional amount for ``Allowances and Expenses'',
$37,000,000, to remain available until expended, for
necessary expenses for Business Continuity and Disaster
Recovery, to prevent, prepare for, and respond to
coronavirus, to be allocated in accordance with a spend plan
submitted to the Committee on Appropriations of the House of
Representatives by the Chief Administrative Officer and
approved by such Committee: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
JOINT ITEMS
Office of the Attending Physician
For an additional amount for ``Office of the Attending
Physician'', $600,000, to remain available until expended, to
prevent, prepare for, and respond to coronavirus: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
CAPITOL POLICE
Salaries
(including transfer of funds)
For an additional amount for ``Salaries'', $12,000,000, to
prevent, prepare for, and respond to coronavirus: Provided,
That amounts provided under this heading in this Act may be
transferred between Capitol Police ``Salaries'' and ``General
Expenses'' for the purposes provided herein without the
approval requirement of section 1001 of the Legislative
Branch Appropriations Act, 2014 (2 U.S.C. 1907a); Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$1,200,000, to prevent, prepare for, and respond to
coronavirus: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For an additional amount for ``Capital Construction and
Operations'', $150,000,000, to remain available until
expended, to supplement the funding made available to the
Architect for the purposes described in title IX of division
B of the CARES Act (Public Law 116-136): Provided, That this
additional amount also may be used for the purchase and
distribution of supplies to respond to coronavirus including,
but not limited to, cleaning and sanitation supplies, masks
and/or face coverings to Congressional offices, committees,
and visitors, including provisions for travel and other
necessary work carried out by staff in their Congressional
Districts and State Offices, wherever located: Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
LIBRARY OF CONGRESS
Salaries and Expenses
(including transfer of funds)
For an additional amount for ``Salaries and Expenses'',
$12,000,000, to prevent, prepare for, and respond to
coronavirus, including to offset losses resulting from the
coronavirus pandemic of amounts collected pursuant to the Act
of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150),
for revolving fund activities pursuant to sections 182 and
182a through 182e of title 2, United States Code, sections
708(d) and 1316 of title 17, United States Code, and sections
111(d)(2), 119(b)(3), 803(e), and 1005 of such title, and for
reimbursement of the Little Scholars Child Development Center
for salaries for employees, as authorized by this title:
Provided, That the Library of Congress may transfer amounts
appropriated under this heading in this Act to other
applicable appropriations of the Library of Congress to
prevent, prepare for, and respond to coronavirus: Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
GOVERNMENT PUBLISHING OFFICE
Government Publishing Office Business Operations Revolving Fund
For an additional amount for ``Government Publishing Office
Business Operations Revolving Fund'', $7,000,000, to prevent,
prepare for, and respond to coronavirus, which shall be for
offsetting losses resulting from the coronavirus pandemic of
amounts collected pursuant to section 309 of title 44, United
States Code: Provided, That funds appropriated under this
heading in this Act may be made available to restore amounts,
either directly or through reimbursement, for obligations
incurred to prevent, prepare for, and respond to coronavirus,
domestically or internationally, prior to the date of
enactment of this Act: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$88,500,000, to remain available until expended, to prevent,
prepare for, and respond to coronavirus, which shall be for
audits and investigations and for reimbursement of the Tiny
Findings Child Development Center for salaries for employees,
as authorized by this title: Provided, That not later than
90 days after the date of enactment of this Act, the
Government Accountability Office shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a spend plan specifying funding estimates and
a timeline for such audits and investigations: Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
source of funds used for payment of salaries and expenses of senate
employee child care center
Sec. 901. The Secretary of the Senate shall reimburse the
Senate Employee Child Care Center for personnel costs
incurred until September 30, 2021, for employees of such
Center who have been ordered to cease working due to measures
taken in the Capitol complex to combat coronavirus, from
amounts in the appropriations account ``Miscellaneous Items''
within the contingent fund of the Senate.
Sec. 902. Funds appropriated to the Architect of the
Capitol in this Act also may be used to restore amounts,
either directly or through reimbursement, for obligations
incurred by the Architect to prevent, prepare for, and
respond to Coronavirus Disease 2019 (COVID-19) prior to the
date of enactment of this Act. Funds used to restore amounts
to other Architect of the Capitol accounts shall assume the
original period of availability of such accounts.
authority of architect of the capitol to make expenditures in response
to emergencies
Sec. 903. (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) AUTHORITY TO PROVIDE SUPPLIES AND SERVICES THROUGHOUT
FACILITIES AND GROUNDS UNDER THE ARCHITECT OF THE CAPITOL'S
CARE.--Section 1305 of the Legislative Branch Appropriations
Act, 2010 (2 U.S.C. 1827) is further amended by inserting
after subsection (a)(2), the following: ``(3) May accept
contributions of, and incur obligations and make expenditures
for, supplies, products, services, and
[[Page S6097]]
operational costs necessary to respond to the emergency,
which may be provided throughout all facilities and grounds
under the care of the Architect of the Capitol wherever
located, on a reimbursable or non-reimbursable basis subject
to the availability of funds.''.
(c) EFFECTIVE DATE.--The amendment made by subsections (a)
and (b) shall apply with respect to fiscal year 2020 and each
succeeding fiscal year.
Sec. 904. Notwithstanding the provisions of section
6304(c) of title 5, United States Code, any annual leave
accumulated by an employee of the Government Publishing
Office in excess of the limits prescribed in section 6304(a)
of title 5, United States Code, remains to the credit of the
employee until December 31, 2021.
TITLE X
MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
general operating expenses, veterans benefits administration
For an additional amount for ``General Operating Expenses,
Veterans Benefits Administration'', $338,000,000, to prevent,
prepare for, and respond to coronavirus, including the
elimination of backlogs that may have occurred: Provided,
That amounts provided under this heading in this Act made
available for the elimination of backlogs may not be used to
increase the number of permanent positions: Provided
further, That of the amounts provided under this heading, up
to $198,000,000 shall be to improve the Veteran Benefits
Administration's education systems, including implementation
of changes to chapters 30 through 36 of part III of title 38,
United States Code in the Harry W. Colmery Veterans
Educational Assistance Act of 2017 (Public Law 115-48), in a
bill to authorize the Secretary of Veterans Affairs to treat
certain programs of education converted to distance learning
by reason of emergencies and health-related situations in the
same manner as programs of education pursued at educational
institutions, and for other purposes (Public Law 116-128),
and in the Student Veteran Coronavirus Response Act of 2020
(Public Law 116-140): 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.
Veterans Health Administration
medical community care
For an additional amount for ``Medical Community Care'',
$100,000,000, for a one-time emergency payment to existing
State Extended Care Facilities for Veterans, to prevent,
prepare for, and respond to coronavirus: Provided, That such
payments shall be in proportion to each State's share of the
total resident capacity in such facilities as of January 4,
2020 where such capacity includes only veterans on whose
behalf the Department pays a per diem amount pursuant to 38
United States Code 1741 or 1745: Provided further, That
amounts made available to ``Veterans Health Administration--
Medical Services'' in division B of Public Law 116-136, may
be transferred to and merged with the Medical Community Care
account to be used for the purposes provided under this
heading in this Act, and shall be in additional to any other
amounts available for such purposes: Provided further, That
amounts transferred pursuant to the preceding proviso 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.
National Cemetery Administration
For an additional amount for ``National Cemetery
Administration'', $26,000,000, to prevent, prepare for, and
respond to coronavirus: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Departmental Administration
board of veterans appeals
For an additional amount for ``Board of Veterans Appeals'',
$4,000,000, to prevent, prepare for, and respond to
coronavirus: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
information technology systems
For an additional amount for ``Information Technology
Systems'', $45,000,000, to remain available until September
30, 2021, to prevent, prepare for, and respond to
coronavirus: Provided, That amounts provided under this
heading shall be to improve the Veteran Benefits
Administration's education systems, including implementation
of changes to chapters 30 through 36 of part III of title 38,
United States Code in the Harry W. Colmery Veterans
Educational Assistance Act of 2017 (Public Law 115-48), in a
bill to authorize the Secretary of Veterans Affairs to treat
certain programs of education converted to distance learning
by reason of emergencies and health-related situations in the
same manner as programs of education pursued at educational
institutions, and for other purposes (Public Law 116-128),
and in the Student Veteran Coronavirus Response Act of 2020
(Public Law 116-140): Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
RELATED AGENCIES
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$2,000,000, to prevent, prepare for, and respond to
coronavirus: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
American Battle Monuments Commission
salaries and expenses
For an additional amount for the ``Salaries and Expenses'',
$2,000,000, to prevent, prepare for, and respond to
coronavirus: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
(including transfer of funds)
Sec. 1001. Title X of division B of the Coronavirus Aid,
Relief, and Economic Security Act (Public Law 116-136) is
amended under the heading ``Department of Veterans Affairs--
Departmental Administration--Grants for Construction of State
Extended Care Facilities'' by striking ``including to modify
or alter existing hospital, nursing home, and domiciliary
facilities in State homes: Provided,'' and inserting in lieu
thereof the following: ``which shall be for modifying or
altering existing hospital, nursing home, and domiciliary
facilities in State homes: Provided, That the Secretary shall
conduct a new competition or competitions to award grants to
States using funds provided under this heading in this Act:
Provided further, That such grants may be made to reimburse
States for the costs of modifications or alterations that
have been initiated or completed before an application for a
grant under this section is approved by the Secretary:
Provided further, That the use of funds provided under this
heading in this Act shall not be subject to state matching
fund requirement, application requirements, cost thresholds,
the priority list, deadlines, award dates under sections 8134
and 8135 of title 38, United States Code, and part 59 of
chapter I of title 38, Code of Federal Regulations, and shall
not be subject to requirements of section 501(d) of title 38,
United States Code: Provided further, That the Secretary may
establish and adjust rolling deadlines for applications for
such grants and may issue multiple rounds of application
periods for the award of such grants under this section:
Provided further,'': Provided, That amounts repurposed
pursuant to 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. 1002. Of the unobligated balances available to the
Department of Veterans Affairs from title X of division B of
the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136) for ``Veterans Health Administration,
Medical Services'', up to $100,000,000 may be transferred to
``Departmental Administration, Information Technology
Systems'' to prevent, prepare for, and respond to
coronavirus, domestically or internationally, for
improvements to supply chain systems including the Defense
Medical Logistics Standard Support system: Provided, That
not more than $50,000,000 may be transferred to development
subaccount for the Supply Chain Management project: Provided
further, That the transferred funds shall be in addition to
any other funds made available for this purpose: Provided
further, That the amounts transferred 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 XI
DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For an additional amount for ``Diplomatic Programs'',
$500,000,000, for necessary expenses to prevent, prepare for,
and respond to coronavirus, including for evacuation
expenses, emergency preparedness, maintaining consular
operations, and other operations and maintenance requirements
related to the consequences of coronavirus, domestically or
internationally, of which
[[Page S6098]]
$425,000,000 shall be for Consular and Border Security
Programs, to remain available until expended, for offsetting
losses resulting from the coronavirus pandemic of fees
collected and deposited into such account pursuant to section
7081 of Public Law 115-31: 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'', $4,400,000, for oversight of activities conducted
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.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'',
$50,000,000, to prevent, prepare for, and respond to
coronavirus and for other operations and maintenance
requirements related to the consequences of coronavirus:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector
General'', $3,500,000, for oversight of activities conducted
by the United States Agency for International Development 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
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health programs
For an additional amount for ``Global Health Programs'',
$3,690,925,000, for necessary expenses to prevent, prepare
for, and respond to coronavirus: Provided, That such funds
shall be administered by the Administrator of the United
States Agency for International Development: Provided
further, That of the funds appropriated under this heading in
this title, not less than $150,000,000 shall be transferred
to, and merged with, funds made available for the Emergency
Reserve Fund established pursuant to section 7058(c)(1) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2017 (division J of Public Law
115-31): Provided further, That funds made available
pursuant to the preceding proviso shall be made available
under the terms and conditions of such section, as amended:
Provided further, That funds appropriated by this paragraph
in this title shall be made available for a contribution to a
multilateral vaccine development partnership to support
epidemic preparedness: Provided further, That of the funds
appropriated by this paragraph in this title, not less than
$3,500,000,000 shall be made available for a United States
Contribution to The GAVI Alliance: Provided further, That
funds appropriated by this paragraph in this title shall be
allocated and allotted within 60 days of 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.
For an additional amount for ``Global Health Programs'',
$4,535,925,000, for necessary expenses to prevent, prepare
for, and respond to coronavirus: Provided, That such funds
shall be administered by the United States Global AIDS
Coordinator: Provided further, That not less than
$3,500,000,000 shall be made available as a United States
contribution to the Global Fund to Fight AIDS, Tuberculosis
and Malaria (Global Fund): Provided further, That funds made
available to the Global Fund pursuant to the previous proviso
shall be made available notwithstanding section
202(d)(4)(A)(i) of the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C.
7622(d)(4)(A)(i)): Provided further, That funds appropriated
under this heading for fiscal years 2020 and 2021 which are
designated as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 and made available as a United
States contribution to the Global Fund shall not be
considered a contribution for the purpose of applying section
202(d)(4)(A)(i): Provided further, That funds appropriated
by this paragraph in this title shall be allocated and
allotted within 60 days of 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.
development assistance
For an additional amount for ``Development Assistance'',
$250,000,000, for necessary expenses to prevent, prepare for,
and respond to coronavirus, including to address related
economic, and stabilization requirements, of which not less
than $150,000,000 shall be made available to maintain access
to basic education and not less than $45,000,000 shall be to
maintain access to not-for-profit institutions of higher
education for costs related to the consequences of
coronavirus: Provided, That such institutions of higher
education shall meet standards equivalent to those required
for United States institutional accreditation by a regional
accreditation agency recognized by the United States
Department of Education: Provided further, That funds made
available under this heading in this title shall be allocated
and allotted within 60 days of 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.
Independent Agencies
inter-american foundation
For an additional amount for ``Inter-American Foundation'',
$15,000,000, for necessary expenses to prevent, prepare for,
and respond to coronavirus, including to address related
economic and stabilization requirements: Provided, That
funds made available under this heading in this title shall
be allocated and allotted within 60 days of the 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.
united states african development foundation
For an additional amount for ``United States African
Development Foundation'', $15,000,000, for necessary expenses
to prevent, prepare for, and respond to coronavirus,
including to address related economic and stabilization
requirements: Provided, That funds made available under this
heading in this title shall be allocated and allotted within
60 days of the 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.
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For an additional amount for ``International Organizations
and Programs'', $935,250,000, to remain available until
September 30, 2022, for necessary expenses to prevent,
prepare for, and respond to coronavirus and to support the
United Nations Global Humanitarian Response Plan COVID-19, of
which not less than $750,000,000 shall be for the World Food
Programme, and not less than $185,250,000 shall be for the
United Nations Children's Fund: Provided, That funds made
available under this heading in this title shall be allocated
and allotted within 60 days of 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.
GENERAL PROVISIONS--THIS TITLE
(including transfer of funds)
Sec. 1101. The authorities and limitations of section 402
of the Coronavirus Preparedness and Response Supplemental
Appropriations Act (division A of Public Law 116-123) shall
apply to funds appropriated by this title as follows:
(1) Subsections (a), (d), (e), and (f) shall apply to funds
under the heading ``Diplomatic Programs''; and
(2) Subsections (c), (d), (e), and (f) shall apply to funds
under the heading ``Global Health Programs'', and
``Development Assistance''.
Sec. 1102. Funds appropriated by this title under the
headings ``Diplomatic Programs'', ``Operating Expenses'',
``Global Health Programs'', and ``Development Assistance''
may be used to reimburse such accounts administered by the
Department of State and the United States Agency for
International Development, for obligations incurred to
prevent, prepare for, and respond to coronavirus prior to the
date of enactment of this Act.
Sec. 1103. The reporting requirements of section 406(b) of
the Coronavirus Preparedness and Response Supplemental
Appropriations Act, 2020 (division A of Public Law 116-123)
shall apply to funds appropriated by this title.
Sec. 1104. Section 404 of the Coronavirus Preparedness and
Response Supplemental Appropriations Act (division A of
Public Law 116-123) shall apply to funds appropriated by this
title under the same headings as specified by such section.
Sec. 1105. Notwithstanding the limitations in sections
609(i) and 609(j) of the Millennium Challenge Act of 2003
(2211 U.S.C. 7708(j), 7715), the Millennium Challenge
Corporation may, subject to the availability of funds, extend
any compact in effect as of January 29, 2020, for up to one
additional year, to account for delays related to
coronavirus: Provided, That the Corporation shall notify the
Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and Foreign
Affairs of the House of Representatives prior to providing
any such extension.
Sec. 1106. The Secretary of State and the heads of other
Federal agencies may rely
[[Page S6099]]
upon the authority of section 5924 of title 5, United States
Code, without regard to the foreign area limitations
referenced therein, to make payments for education allowances
to employees who are in the United States on ordered or
authorized departure, or for whom travel to a post in a
foreign area has been delayed, to prevent, prepare for, or
respond to coronavirus: Provided, That the authority under
this section shall expire on December 31, 2024.
Sec. 1107. The Secretary of State and the heads of other
Federal agencies whose employees are authorized to receive
payments of monetary amounts and other allowances under
section 5523 of title 5, United States Code, may rely upon
the authority of that section, without regard to the time
limitations referenced therein, to continue such payments in
connection with authorized or ordered departures from foreign
areas, to prevent, prepare for, and respond to coronavirus:
Provided, That the authority under this section shall be
available to continue such payments for the period beginning
on July 21, 2020, through September 30, 2022, when such
authority shall expire.
TITLE XII
TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$20,000,000, to remain available until expended, to prevent,
prepare for, and respond to coronavirus, including necessary
expenses for operating costs and capital outlays: Provided,
That such amounts are in addition to any other amounts made
available for this purpose: Provided further, That
obligations of amounts under this heading in this Act shall
not be subject to the limitation on obligations under the
heading ``Office of the Secretary--Working Capital Fund'' in
division H of the Further Consolidated Appropriations Act,
2020 (Public Law 116-94): Provided further, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
essential air service
In addition to funds provided to the ``Payments to Air
Carriers'' program in Public Law 116-94 to carry out the
essential air service program under section 41731 through
41742 of title 49, United States Code, $75,000,000, to be
derived from the general fund of the Treasury, and to be made
available to the Essential Air Service and Rural Improvement
Fund, to prevent, prepare for, and respond to coronavirus:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Federal Aviation Administration
operations
For an additional amount for ``Operations'', $50,000,000,
to be derived from the general fund, for necessary expenses
to provide Federal Aviation Administration (FAA) employees
with masks or protective face coverings, gloves, and
sanitizer and wipes with sufficient alcohol content and to
ensure FAA facilities are cleaned, disinfected, and sanitized
in accordance with Centers for Disease Control and Prevention
guidance: 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.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for
Airports'', $13,500,000,000, to prevent, prepare for, and
respond to coronavirus, to remain available until September
30, 2026: Provided, That amounts made available under this
heading in this Act shall be derived from the general fund of
the Treasury: Provided further, That funds provided under
this heading in this Act shall only be available to sponsors
of airports in categories defined in section 47102 of title
49, United States Code: Provided further, That the
requirements of chapter 471 of such title, except for project
eligibility, shall apply to funds provided for any contract
awarded (after the date of enactment of this Act) for airport
development and funded under this heading: Provided further,
That funds provided under this heading in this Act may not be
used for any purpose not directly related to the airport:
Provided further, That of the amounts appropriated under this
heading in this Act--
(1) Not less than $500,000,000 shall be to pay the local
share of eligible costs for which a grant is made under this
heading under the Department of Transportation Appropriations
Act, 2021: Provided, That any remaining funds after the
apportionment under this paragraph (1) shall be distributed
as described in paragraph (2) under this heading in this Act:
(2) Not less than $12,500,000,000 shall be available for
any purpose for which airport revenues may lawfully be used:
Provided, That such funds shall be allocated among eligible
primary airports (as defined in section 47102(16) of title 49
United States Code) based on each airport's calendar year
2019 enplanements as a percentage of total 2019 enplanements
for all eligible primary service airports: Provided further,
That sponsors provide relief equaling at least 25 percent of
the amount allocated to an airport under this paragraph to
on-airport car rental, on-airport parking, and in-terminal
airport concessions (as defined in part 23 of title 49, Code
of Federal Regulations) in the form of waiving rent, minimum
annual guarantees, lease obligations, fees, or penalties, or,
at the request of the owner of an in-terminal concession, to
provide for a buyout of such concession: Provided further,
That the sponsor shall give the highest priority to an owner
who qualifies as an small businesses with maximum gross
receipts less than $56 million: Provided further, That the
Federal share payable of the costs for which a grant is made
under this paragraph shall be 100 percent; and
(3) Up to $200,000,000 shall be available for general
aviation airports and commercial service airports that are
not primary airports for any purpose for which airport
revenues may lawfully be used, and, which the Secretary shall
apportion directly to each eligible airport, as defined in
paragraphs (7), (8), and (16) of section 47102 of title 49,
United States Code, based on the categories published in the
most current National Plan of Integrated Airport Systems,
reflecting the percentage of the aggregate published eligible
development costs for each such category, and then dividing
the allocated funds evenly among the eligible airports in
each category, rounding up to the nearest thousand dollars:
Provided, That the Federal share payable of the costs for
which a grant is made under this paragraph shall be 100
percent: Provided further, That any remaining funds after
the apportionment under this paragraph (3) shall be
distributed as described in paragraph (2) under this heading
in this Act:
Provided further, That the matter preceding the first
proviso under this heading in title XII of division B of the
CARES Act (Public Law 116-136) is amended by striking ``to
remain available until expended'' and inserting ``to remain
available until September 30, 2025'': Provided further, That
amounts made available under this heading in title XII of
division B of the CARES Act (Public Law 116-136) shall not be
subject to the limitation on obligations in any act making
appropriations: Provided further, That any funds under the
previous proviso designated as airport grants that are
unobligated, recovered by or returned to the Federal Aviation
Administration (FAA) within 5 years from the date of
enactment of the CARES Act (Public Law 116-36) shall be
pooled and redistributed as described in paragraph (2) under
this heading in this Act: Provided further, That the FAA may
redistribute funds under the previous proviso on more than
one occasion: Provided further, That any airport that had
been allocated more than four times annual operating expenses
under this heading in title XII of division B of the CARES
Act (Public Law 116-136) shall not be eligible for funds
allocated or redistributed under this Act: Provided further,
That the Administrator of the FAA may retain up to 0.1
percent of the funds provided under this heading in this Act
to fund the award and oversight by the Administrator of
grants made under this heading in this Act: Provided
further, That obligations of funds under this heading in this
Act shall not be subject to any limitations on obligations
provided in any Act making appropriations: Provided further,
That all airport sponsors receiving funds under this heading
in this Act shall continue to employ, through September 30,
2021, at least 90 percent of the number of individuals
employed (after making adjustments for retirements or
voluntary employee separations) by each airport as of March
27, 2020: Provided further, That the Secretary may waive the
workforce retention requirement in the previous proviso, if
the Secretary determines the airport is experiencing economic
hardship as a direct result of the requirement, or the
requirement reduces aviation safety or security: Provided
further, That the workforce retention requirement shall not
apply to nonhub airports or nonprimary airports receiving
funds under this heading in this Act: Provided further, That
amounts repurposed by the provisions under this heading in
this Act that were previously designated by the Congress as
an emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985: 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 Motor Carrier Safety Administration
motor carrier safety operations and programs
Of prior year unobligated contract authority and
liquidating cash provided for Motor Carrier Safety in the
Transportation Equity Act for the 21st Century (Public Law
105-178), SAFETEA-LU (Public Law 109-59), or other
appropriations or authorization acts, in addition to amounts
already appropriated in fiscal year 2020 for ``Motor Carrier
Safety Operations and Programs'', $238,500 in additional
obligation limitation is provided and repurposed for
obligations incurred to support activities to prevent,
prepare for, and respond to coronavirus: Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced
[[Page S6100]]
Budget and Emergency Deficit Control Act of 1985.
Federal Railroad Administration
northeast corridor grants to the national railroad passenger
corporation
(including transfer of funds)
For an additional amount for ``Northeast Corridor Grants to
the National Railroad Passenger Corporation'',
$1,392,085,000, to remain available until expended, to
prevent, prepare for, and respond to coronavirus, including
to enable the Secretary of Transportation to make or amend
existing grants to the National Railroad Passenger
Corporation for activities associated with the Northeast
Corridor, as authorized by section 11101(a) of the Fixing
America's Surface Transportation Act (division A of Public
Law 114-94): Provided, That not less than $219,610,000 of
the amounts made available under this heading in this Act and
the ``National Network Grants to the National Railroad
Passenger Corporation'' heading in this Act shall be made
available for use by the National Railroad Passenger
Corporation in lieu of capital payments from States and
commuter rail passenger transportation providers subject to
the cost allocation policy developed pursuant to section
24905(c) of title 49, United States Code: Provided further,
That, notwithstanding sections 24319(g) and 24905(c)(1)(A)(i)
of title 49, United States Code, such use of funds does not
constitute cross-subsidization of commuter rail passenger
transportation: Provided further, That not more than
$91,800,000 of the amounts made available under this heading
in this Act shall be made available for use by the National
Railroad Passenger Corporation to repay or prepay debt
incurred by the National Railroad Passenger Corporation under
financing arrangements entered into prior to the enactment of
this Act and to pay required reserves, costs, and fees
related to such debt, including for loans from the Department
of Transportation and loans that would otherwise have been
paid from National Railroad Passenger Corporation revenues:
Provided further, That the Secretary may retain up to
$4,890,000 of the amounts made available under both this
heading in this Act and the ``National Network Grants to the
National Railroad Passenger Corporation'' heading in this Act
to fund the costs of project management and oversight of
activities authorized by section 11101(c) of the Fixing
America's Surface Transportation Act (division A of Public
Law 114-94): Provided further, That $1,000,000 of the
amounts made available under both this heading in this Act
and the ``National Network Grants to the National Railroad
Passenger Corporation'' heading in this Act shall be
transferred to ``National Railroad Passenger Corporation--
Office of Inspector General--Salaries and Expenses'' for
conducting audits and investigations of projects and
activities carried out with amounts made available in this
Act and in title XII of division B of the Coronavirus Aid,
Relief, and Economic Security Act (Public Law 116-136) under
the headings ``Northeast Corridor Grants to the National
Railroad Passenger Corporation'' and ``National Network
Grants to the National Railroad Passenger Corporation'':
Provided further, That amounts made available under this
heading in this Act may be transferred to and merged with
``National Network Grants to the National Railroad Passenger
Corporation'' to prevent, prepare for, and respond to
coronavirus: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
national network grants to the national railroad passenger corporation
(including transfer of funds)
For an additional amount for ``National Network Grants to
the National Railroad Passenger Corporation'',
$1,007,915,000, to remain available until expended, to
prevent, prepare for, and respond to coronavirus, including
to enable the Secretary of Transportation to make or amend
existing grants to the National Railroad Passenger
Corporation for activities associated with the National
Network as authorized by section 11101(b) of the Fixing
America's Surface Transportation Act (division A of Public
Law 114-94): Provided, That not less than $349,700,000 of
the amounts made available under this heading in this Act
shall be made available for use by the National Railroad
Passenger Corporation to be apportioned toward State payments
required by the cost methodology policy adopted pursuant to
section 209 of the Passenger Rail Investment and Improvement
Act of 2008 (Public Law 110-432): Provided further, That a
State-supported route's share of such funding under the
preceding proviso shall consist of (1) 7 percent of the costs
allocated to the route in fiscal year 2019 under the cost
methodology policy adopted pursuant to section 209 of the
Passenger Rail Investment and Improvement Act of 2008 (Public
Law 110-432), and (2) any remaining amounts under the
preceding proviso shall be apportioned to a route in
proportion to its passenger revenue and other revenue
allocated to a State-supported route in fiscal year 2019
divided by the total passenger revenue and other revenue
allocated to all State-supported routes in fiscal year 2019:
Provided further, That State-supported routes which
terminated service on or before February 1, 2020, shall not
be included in the cost and revenue calculations made
pursuant to the preceding proviso: Provided further, That
amounts made available under this heading in this Act may be
transferred to and merged with ``Northeast Corridor Grants to
the National Railroad Passenger Corporation'' to prevent,
prepare for, and respond to coronavirus: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
Federal Transit Administration
transit infrastructure grants
For an additional amount for ``Transit Infrastructure
Grants'', $32,000,000,000, 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) $18,500,000,000 shall be for grants to recipients
eligible under chapter 53 of title 49, United States Code,
and administered as if such funds were provided under section
5307 of title 49, United States Code (apportioned in
accordance with section 5336 of such title (other than
subsections (h)(1) and (h)(4))), and section 5337 of title
49, United States Code (apportioned in accordance with such
section), except that funds apportioned under section 5337
shall be added to funds apportioned under 5307 for
administration under 5307: Provided, That the Secretary
shall allocate the amounts provided in the preceding proviso
under sections 5307 and 5337 of title 49, United States Code,
in the same ratio as funds were provided under Public Law
116-94 and shall allocate such amounts not later than 14 days
after enactment of this Act: Provided further, That the
amounts allocated to any urbanized area from amounts made
available under this heading in this Act when combined with
the amounts allocated to each such urbanized area from funds
appropriated under this heading in title XIII of division B
of the CARES Act (Public Law 116-136) may not exceed more
than 100 percent of any recipient's 2018 operating costs
based on data contained in the National Transit Database:
Provided further, That for any urbanized area for which the
calculation in the previous proviso exceeds 100 percent of
the urbanized area's 2018 operating costs, the Secretary
shall distribute funds in excess of such percent to urbanized
areas for which the calculation in the previous proviso does
not exceed 100 percent in the same proportion as amounts
allocated under the first proviso of this paragraph;
(2) $2,500,000,000 shall be for grants under section 5309
of title 49, United States Code: Provided, That of the
amounts provided under this paragraph--
(A) $1,950,000,000 shall be for grants to recipients that
received an allocation under section 5309 of title 49, United
States Code, for fiscal year 2019 or fiscal year 2020 as of
the date of enactment of this Act: Provided, That the
Secretary shall calculate each recipient's non-Capital
Investment Grant financial commitment for fiscal years 2019
and 2020 as a percentage of the non-Capital Investment Grant
financial commitments of all projects for such fiscal years
and shall proportionally allocate such funds within 14 days
of enactment of this Act: Provided further, That any
recipient with a project open for revenue service for which
they received a construction grant agreement are not eligible
for funds provided under this paragraph; and
(B) $400,000,000 shall be for grants to recipients that
receive an allocation of fiscal year 2019 or fiscal year 2020
funds after the date of enactment of this Act under section
5309 of title 49, United States Code: Provided, That such
grants shall be allocated to such recipients in proportion to
the allocation of fiscal year 2019 or fiscal 2020 funds
provided to all projects allocated funding after the date of
enactment of this Act; and
(C) no more than $150,000,000 for any recipient of a grant
under section 5309(h) of title 49, United States Code, that
may need additional assistance in completing a project that
has received a grant agreement and shall issue a Notice of
Funding Opportunity for amounts made available for projects
eligible under section 5309(h) of title 49, United States
Code, not later than 120 days after the date of enactment of
this Act:
Provided further, That if amounts remain available after
distributing funds under this paragraph, such amounts shall
be added to the amounts made available under paragraph (5)
under this heading: Provided further, That amounts made
available under this paragraph shall not be included in any
calculation of the maximum amount of Federal financial
assistance for the project under section 5309(k)(2)(C)(ii) or
5309(h)(7) of title 49, United States Code nor should they be
subject to provisions in sections 5309(a)(7)(A) or
5309(l)(1)(B)(ii) of such title;
(3) $250,000,000 shall be for grants to recipients or
subrecipients eligible under section 5310 of title 49, United
States Code, and the Secretary of Transportation shall
apportion such funds in accordance with such section:
Provided, That the Secretary shall allocate such funds in the
same ratio as funds were provided in Public Law 116-94 and
shall allocate such funds not later than 14 days after the
date of enactment of this Act;
(4) $750,000,000 shall be for grants to recipients or
subrecipients eligible under section 5311 of title 49, United
States Code (other than subsection (b)(3) and (c)(1)(A)), and
the Secretary of Transportation shall apportion such funds in
accordance with such section:
[[Page S6101]]
Provided, That the Secretary shall allocate these amounts in
the same ratio as funds were provided in Public Law 116-94
and shall allocate funds within 14 days of enactment of this
Act; and
(5) $10,000,000,000 shall be for grants to eligible
recipients or subrecipients of funds under chapter 53 of
title 49, United States Code, that, as a result of
coronavirus, require additional assistance to maintain
operations: 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,
since October 1, 2018, 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 have partnered with a recipient or subrecipient in order
to meet the requirements of section 5311(f) of such title
shall be eligible to receive not more than 7.5 percent of the
total funds provided under this paragraph and shall use
assistance provided under this paragraph only for workforce
retention or the recall or rehire of any laid off,
furloughed, or terminated employee associated with the
provision of intercity bus service including, but not limited
to, service eligible for funding under section 5311(f) of
title 49, United States Code: Provided further, That when
evaluating applications of intercity bus service assistance,
the Secretary shall give priority to preserving national and
regional intercity bus networks and the rural services that
make meaningful connections to those networks: Provided
further, That the Secretary shall issue a Notice of Funding
Opportunity not later than 120 days after the date of
enactment of this Act that requires applications to be
submitted not later than 180 days after the date of enactment
of this Act: Provided further, That the Secretary shall make
awards not later than 60 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 to transit
agencies, the Secretary shall give priority to agencies in
urbanized areas that received less than 100 percent of their
2018 operating expenses from the funds appropriated in
paragraph (1) combined with the funds appropriated under this
heading in title XII of division B of the CARES Act (Public
Law 116-136), and transit agencies with the largest revenue
loss as a percentage of the agency's 2018 operating expenses:
Provided further, That States may apply on behalf of a
recipient, a subrecipient, or a group of recipients or
subrecipients: 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 paragraph 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 Secretary shall not waive the
requirements of section 5333 of title 49, United States Code,
for funds appropriated under this heading in this Act or for
funds previously made available under section 5307 of title
49, United States Code, or sections 5310, 5311, 5337, or 5340
of such title as a result of the coronavirus: Provided
further, That the provision of funds under this heading in
this Act shall not affect the ability of any other agency of
the Government, including the Federal Emergency Management
Agency, a State agency, or 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, unless the recipient certifies to the
Secretary that the recipient has 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 grants made
under this heading in this Act and in title XII of division B
of the CARES Act (Public Law 116-136) to recipients or
subrecipients may be used to make payments to contractors
providing transit operations service or maintenance of
rolling stock, right of way and/or stations at pre-COVID-19
service billing levels in such amounts as existed on February
3, 2020, even if such service was reduced due to the COVID-19
public health emergency: Provided further, That the
preceding proviso may only apply if a contractor continuously
retains its full and part-time workforce at their previous
full or part-time status, and/or, where applicable, beginning
on the date that employees of the contractor are able to
return to work at their previous full or part-time status
that it laid off, furloughed or terminated as a result of the
COVID-19 public health emergency, or its effects, under the
terms of any applicable collective bargaining agreement:
Provided further, That private providers of public
transportation may be considered eligible sub-recipients of
funding provided under this heading: 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, but not to exceed $125,000,000,
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.
Saint Lawrence Seaway Development Corporation
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations,
maintenance, and capital infrastructure activities of the
Seaway International Bridge, $1,500,000, to be derived from
the Harbor Maintenance Trust Fund pursuant to section 210 of
the Water Resources Development Act of 1986 (33 U.S.C. 2238),
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 Inspector General
salaries and expenses
For an additional amount for ``Office of Inspector
General'', $5,000,000, to remain available until expended, to
prevent, prepare for, and respond to coronavirus: Provided,
That the funding made available under this heading in this
Act shall be used for conducting audits and investigations of
projects and activities carried out by the Department of
Transportation to prevent, prepare for, and respond to
coronavirus: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
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 or 2021 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
[[Page S6102]]
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
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.
native american programs
(including transfer of funds)
For an additional amount for ``Native American Programs'',
$400,000,000, to remain available until September 30, 2024,
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 Coronavirus Aid,
Relief, and Economic Security Act (Public Law 116-136):
Provided, That the amounts made available under this heading
in this Act are as follows:
(1) Up to $150,000,000 shall be available for the Native
American Housing Block Grants program, as authorized under
title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.); and
(2) Not less than $250,000,000 shall be available for
grants to Indian tribes under the Indian Community
Development Block Grant program under title I of the Housing
and Community Development Act of 1974 (42 U.S.C. 5306(a)(1)),
notwithstanding section 106(a)(1) of such Act, for
emergencies that constitute imminent threats to health and
safety:
Provided further, That amounts made available under
paragraph (1) under this heading in title XII of division B
of the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136) which are allocated to Indian tribes or
tribally designated housing entities, and which are not
accepted, are voluntarily returned, or otherwise recaptured
for any reason, may be used by the Secretary to make awards
under paragraph (2) under this heading in title XII of
division B of the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116-136), in addition to amounts
otherwise available for such purposes: Provided further,
That up to one-half of 1 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'' for
necessary costs of administering and overseeing the
obligation and expenditure of such amounts and of amounts
made available under this heading in title XII of division B
of the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136), to remain available until September 30,
2029, in addition to any other amounts made available for
such purposes: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Community Planning and Development
housing opportunities for persons with aids
(including transfer of funds)
For an additional amount for ``Housing Opportunities for
Persons with AIDS'', $65,000,000, 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 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 such amount is designated
by the Congress as 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'', $5,000,000,000, 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
$3,000,000,000 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
[[Page S6103]]
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 a
grantee, when contracting with service providers engaged
directly in the provision of services to homeless persons
served by the program, shall, to the extent practicable,
enter into contracts in amounts that cover the actual total
program costs and administrative overhead to provide the
services contracted: 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 201 of
division O of this Act (the ``COVID-19 HERO ACT''),
$50,000,000,000, 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
(including transfer of funds)
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 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--Office of Housing'' 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 such amount is designated by the
Congress as 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
(including transfer of funds)
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 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--Office of
Housing'' 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 such amount is designated by the
Congress as 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
(including transfer of funds)
For an additional amount for ``Housing for Persons with
Disabilities'', $45,000,000, 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 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--Office of Housing'' 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 such amount is designated by the
Congress as 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
(including transfer of funds)
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 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--Fair Housing and Equal
Opportunity'' 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 such amount is designated
by the Congress as 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 the funding made available under this heading in this
Act shall be used for conducting audits and investigations of
projects and activities carried by the Department of Housing
and Urban Development to prevent, prepare for, and respond to
coronavirus: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
RELATED AGENCY
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For an additional amount for ``Payment to the Neighborhood
Reinvestment Corporation'', $100,000,000, to remain available
until expended, to the Neighborhood Reinvestment Corporation
(``NRC'') for housing counseling for households threatened
with housing instability due to the economic circumstances
caused by the COVID-19 pandemic, under the following terms
and conditions:
(1) The NRC shall make grants to counseling intermediaries
approved by the Department of Housing and Urban Development
(``HUD'') to provide housing counseling assistance to help
prevent and respond to the displacement of residents due to
eviction, default of mortgages, or foreclosure of mortgages
(``Housing Counseling Assistance''). State Housing Finance
Agencies may also be eligible to receive grants where they
meet all the requirements under this heading. NRC may target
grants may to HUD-approved counseling intermediaries and
State Housing Finance Agencies based on their ability to
serve the most vulnerable communities, based on an analysis
by the NRC of which areas are most impacted by the economic
circumstances caused by the COVID-19 pandemic.
(2) Housing Counseling Assistance shall be made available
to consumers facing housing instability (``Housing Counseling
Clients''). Housing Counseling Clients will be provided such
assistance that shall consist of activities that are likely
to prevent evictions or foreclosures, and result in the long-
term affordability of the housing unit retained pursuant to
such activity or another positive outcome for the Housing
Counseling Client. No funds made available under this heading
may be provided directly to lenders, to landlords, or to
Housing Counseling Clients to discharge outstanding rent or
mortgage balances or for any other direct debt reduction
payments.
(3) Not less than 40 percent of grant funds made available
under this heading shall be provided to counseling
organizations that target Housing Counseling Assistance to
minority and low-income homeowners, renters, individuals
experiencing homelessness, and individuals at risk of
homelessness or provide such services in neighborhoods with
[[Page S6104]]
high concentrations of minority and low-income homeowners,
renters, individuals experiencing homelessness, and
individuals at risk of homelessness.
(4) The delivery of Housing Counseling Assistance as
provided under this heading shall involve a reasonable
analysis of the Housing Counseling Client's financial
situation, resources available to the Housing Counseling
Client, and advice on applicable laws or rules regarding
eviction protections, mortgage forbearance, or foreclosure
protection.
(5) NRC may provide up to 15 percent of the Housing
Counseling Assistance grant funds under this heading to its
own charter members with expertise in housing counseling,
subject to a certification by the NRC that the procedures for
selection do not consist of any procedures or activities that
could be construed as an unacceptable conflict of interest or
have the appearance of impropriety.
(6) The HUD-approved counseling intermediaries and State
Housing Finance Agencies receiving funds under this heading
shall have demonstrated experience in housing counseling
(including foreclosure counseling, rental counseling,
homelessness, and/or financial counseling) and outreach. NRC
may use other criteria to demonstrate capacity, particularly
in underserved areas.
(7) Of the total amount made available under this heading,
up to 4 percent of the amounts made available under this
heading in this Act may be made available to support non-
grant costs associated with the Housing Counseling Assistance
grants program, including training, administrative costs,
grant compliance, and evaluation.
(8) The NRC shall build the relevant capacities of HUD-
approved counseling intermediaries and State Housing Finance
Agencies through a comprehensive training program of NRC
training courses, except that private financial institutions
that participate in NRC training shall pay market rates for
such training.
(9) Housing Counseling Assistance grants may include a
budget for outreach, advertising, technology, reporting,
training, sub-grantee oversight, and other program-related
support as determined by the NRC.
(10) The NRC shall report annually to the Committees on
Appropriations of the House of Representatives and the Senate
as well as the Senate Banking Committee and House Financial
Services Committee on its efforts to mitigate housing
instability caused by the COVID-19 pandemic.
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. 1201. 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. 1202. 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 pursuant to 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. 1203. Amounts made available in this Act under the
headings ``Northeast Corridor Grants to the National Railroad
Passenger Corporation'' and ``National Network Grants to the
National Railroad Passenger Corporation'' shall be used under
the same conditions as section 22002 of title XII of division
B of the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136): Provided, That the amounts made
available in this Act under such headings shall be used by
the National Railroad Passenger Corporation to prevent
employee furloughs as a result of efforts to prevent, prepare
for, and respond to coronavirus: Provided further, That none
of the funds made available in this Act under such headings
may be used by the National Railroad Passenger Corporation to
reduce the frequency of rail service on any long-distance
route (as defined in section 24102 of title 49, United States
Code) below frequencies for such routes in fiscal year 2019,
except in an emergency or during maintenance or construction
outages impacting such routes: Provided further, That the
coronavirus shall not qualify as an emergency in the
preceding proviso.
Sec. 1204. For fiscal year 2021, in addition to payments
made pursuant to 53106 of title 46, United States Code, the
Secretary of Transportation shall pay to the contractor for
an operating agreement entered into pursuant to chapter 531
of title 46, United States Code, for each vessel that is
covered by such operating agreement as of the date of
enactment of this Act, an amount equal to $500,000:
Provided, That payments authorized by this section shall be
paid not later than 60 days after the date of enactment of
this Act: Provided further, That any unobligated balances
remaining from the amounts made available for payments under
the heading ``Maritime Administration--Maritime Security
Program'' in any prior Act may be used for such payments.
Sec. 1205. During the duration of the national emergency
declared by the President concerning the novel coronavirus
disease (COVID-19), the Secretary may extend the time period
referenced in 23 U.S.C. 120(e)(1) to account for delays in
access, construction, repair or other similar issues.
TITLE XIII
GENERAL PROVISIONS--THIS DIVISION
Sec. 1301. 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. 1302. Each amount appropriated or made available by
this Act is in addition to amounts otherwise appropriated for
the fiscal year involved.
Sec. 1303. 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. 1304. 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 2021.
Sec. 1305. 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. 1306. (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)), and the budgetary effects shall not be
entered on either PAYGO scorecard maintained pursuant to
section 4(d) of such Act.
(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;
(2) shall not be estimated for purposes of paragraph (4)(C)
of section 3 of the Statutory Pay As-You-Go Act of 2010 as
being included in an appropriation Act; and
(3) shall be treated as if they were contained in a PAYGO
Act, as defined by section 3(7) of the Statutory Pay-As-You-
Go Act of 2010 (2 U.S.C. 932(7)).
Sec. 1307. (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
[[Page S6105]]
(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) any division of 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. 1308. (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.
This division may be cited as the ``Coronavirus Recovery
Supplemental Appropriations Act, 2021''.
DIVISION B--PROVIDING RELIEF TO STUDENTS, INSTITUTIONS OF HIGHER
EDUCATION, LOCAL EDUCATIONAL AGENCIES, AND STATE VOCATIONAL
REHABILITATION AGENCIES
SEC. 100. SHORT TITLE.
This division may be cited as the ``Pandemic Education
Response Act''.
TITLE I--HIGHER EDUCATION PROVISIONS
SEC. 101. DEFINITIONS.
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) Qualifying emergency period.--The term ``qualifying
emergency period'' means the period--
(A) beginning on the first day of a qualifying emergency;
and
(B) ending on the later of the date on which the qualifying
emergency expires or June 30, 2021.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Education.
Subtitle A--Cares Act Amendments
SEC. 111. APPLICATION OF CAMPUS-BASED AID WAIVERS.
(a) Application.--Section 3503 of the CARES Act is
amended--
(1) in subsection (a)--
(A) by inserting ``or for any other award year that
includes any portion of a qualifying emergency period,''
after ``2020-2021,''; and
(B) by inserting ``and a nonprofit organization providing
employment under section 443(b)(5) of such Act'' after
``waive the requirement that a participating institution of
higher education''; and
(2) in subsection (b), by striking ``during a period of a
qualifying emergency'' and inserting ``during any award year
that includes any portion of a qualifying emergency period''.
(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).
SEC. 112. SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANTS FOR
EMERGENCY AID.
(a) Use and Treatment.--Section 3504 of the CARES Act
(Public Law 116-136) is amended--
(1) in subsection (a), by inserting ``that includes any
portion of a qualifying emergency period'' after ``for a
fiscal year''; and
(2) by striking subsection (c).
(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).
SEC. 113. EXTENSION OF FEDERAL WORK-STUDY DURING A QUALIFYING
EMERGENCY.
(a) Federal Work-study During a Qualifying Emergency.--
Section 3505 of the CARES Act (Public Law 116-136) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``In the event of a qualifying emergency''
and inserting ``During a qualifying emergency period''; and
(ii) by striking ``(not to'' and all that follows through
the semicolon and inserting ``in which affected students are
unable to fulfill the students' work-study obligation due to
such qualifying emergency, as follows:'';
(B) in paragraph (1), by striking ``as a one time grant''
and inserting ``as a one-time grant in each payment period
the student is awarded work-study''; and
(C) in paragraph (2), by striking ``or was not completing
the work obligation necessary to receive work study funds
under such part prior to the occurrence of the qualifying
emergency''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``for the academic year during which a
qualifying emergency occurred;'' and inserting ``for an
academic year that includes any portion of a qualifying
emergency period; and''; and
(B) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2).
(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).
SEC. 114. SERVICE OBLIGATIONS FOR TEACHERS AND OTHER
PROFESSIONALS.
(a) Amendment.--Section 3519 of the CARES Act (Public Law
116-136) is amended--
(1) in the section heading, by inserting ``and other
professionals'' after ``teachers''; and
(2) by adding at the end the following:
``(c) Federal Perkins Loans.--Notwithstanding section 465
of the Higher Education Act of 1965 (20 U.S.C. 1087ee), the
Secretary shall waive the requirements of such section in
regard to full-time service and shall consider an incomplete
year of service of a borrower as fulfilling the requirement
for a complete year of service under such section, if the
service was interrupted due to a qualifying emergency.''.
(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).
SEC. 115. CONTINUING EDUCATION AT AFFECTED FOREIGN
INSTITUTIONS.
(a) In General.--Section 3510 of the CARES Act (20 U.S.C.
1001 note) is amended--
(1) in subsection (a), by striking ``for the duration of
such emergency'' and all that follows through the period at
the end and inserting ``for purposes of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) until
the end of the covered period applicable to the
institution.'';
(2) in subsection (b), by striking ``for the duration of
the qualifying emergency and the following payment period for
purposes of title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.).'' and inserting ``until the end of the
covered period applicable to the institution.'';
(3) in subsection (c), by striking ``for the duration of
the qualifying emergency and the following payment period,''
and inserting ``until all covered periods for foreign
institutions carrying out a distance education program
authorized under this section have ended,'';
(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
``until the end of the covered period applicable to a foreign
institution,''; and
(ii) by striking ``allow a foreign institution'' and
inserting ``allow the foreign institution'';
(B) in each of subparagraphs (A) and (B) of paragraph (2),
by striking ``subsection (a)'' and inserting ``paragraph
(1)'';
(C) in paragraph (3)(B), by striking ``30 days'' and
inserting ``10 days''; and
(D) in paragraph (4)--
(i) by striking ``for the duration of the qualifying
emergency and the following payment period,'' and inserting
``until all covered periods for foreign institutions that
entered into written arrangements under paragraph (1) have
ended,''; and
(ii) by striking ``identifies each foreign institution that
entered into a written arrangement under subsection (a).''
and inserting the following: ``identifies, for each such
foreign institution--
``(A) the name of the foreign institution;
``(B) 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
``(C) information regarding the nature of such written
arrangement, including which coursework or program
requirements are accomplished at each respective
institution.''; and
[[Page S6106]]
(5) by adding at the end the following:
``(e) Definition of Covered Period.--
``(1) In general.--In this section, the term `covered
period', when used with respect to a foreign institution of
higher education, means the period--
``(A) beginning on the first day of--
``(i) a qualifying emergency; or
``(ii) a public health emergency, major disaster or
emergency, or national emergency declared by the applicable
government authorities in the country in which the foreign
institution is located; and
``(B) ending on the later of--
``(i) subject to paragraph (2), the last day of the payment
period, for purposes of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070 et seq.), following the end of any
qualifying emergency or any emergency or disaster described
in subparagraph (A)(ii) applicable to the foreign
institution; or
``(ii) June 30, 2022.
``(2) Special rule for certain payment periods.--For
purposes of subparagraph (B)(i), if the following payment
period for an award year ends before June 30 of such award
year, the covered period shall be extended until June 30 of
such award 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).
SEC. 116. FUNDING FOR HBCU CAPITAL FINANCING; ENDOWMENT
CHALLENGE GRANTS.
(a) Funding for HBCU Capital Financing.--
(1) Amendments.--Section 3512 of division A of the
Coronavirus Aid, Relief, and Economic Security Act (20 U.S.C.
1001 note) is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``may'' and inserting
``shall''; and
(ii) in paragraph (2)--
(I) in subparagraph (A), by striking ``or interest'' and
inserting ``or interest, or any applicable fees or required
funds,''; and
(II) in subparagraph (B)--
(aa) by striking ``payments'' and inserting ``payments, and
any payments of applicable fees and required funds,''; and
(bb) by striking the period and inserting ``; and''; and
(III) by adding at the end the following:
``(C) the institution may pay, without penalty, any
periodic installment of principal or interest required under
the loan agreement for such loan.''; and
(B) in subsection (d), by striking ``$62,000,000'' and
inserting ``such sums as may be necessary''.
(2) Effective date.--The amendments made by this subsection
shall take effect as if enacted as part of the Coronavirus
Aid, Relief, and Economic Security Act (Public Law 116-136).
(b) Endowment Challenge Grants.--For the duration of a
qualifying emergency (as defined in section 3502 of the
Coronavirus Aid, Relief, and Economic Security Act (20 U.S.C.
1001 note)), notwithstanding the provisions of subsections
(b)(3), (c)(3)(B), and (d) of section 331 of the Higher
Education Act of 1965 (20 U.S.C. 1065) applicable during the
grant period for an endowment challenge grant awarded to an
institution under such section 331 (20 U.S.C. 1065), the
institution may use the endowment fund corpus plus any
endowment fund income--
(1) for any educational purpose; or
(2) to defray any expenses necessary to the operation of
the institution, including expenses of operations and
maintenance, administration, academic and support personnel,
construction and renovation, community and student services
programs, and technical assistance.
SEC. 117. WAIVER AUTHORITY FOR INSTITUTIONAL AID.
(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).
SEC. 118. SCOPE OF MODIFICATIONS TO REQUIRED AND ALLOWABLE
USES.
(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 Matching Requirement Modifications.--
Subsection (b) of section 3518 of the CARES Act (Public Law
116-136) is amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(1) In general.--Notwithstanding'';
(2) in paragraph (1), as so designated by this subsection--
(A) by striking ``is authorized to'' and inserting
``shall''; and
(B) by striking ``share'' and inserting ``share, non-
Federal share,''; and
(3) by adding at the end the following new paragraph:
``(2) Waiver of gear up matching requirement.--
``(A) In general.--Notwithstanding section 404C(b) of the
Higher Education Act of 1965 (20 U.S.C. 1070a-23(b)), the
Secretary shall waive, for the duration of the period
described in subparagraph (B), any requirement for an
eligible entity (as defined in section 404A(c) (20 U.S.C.
1070a-21(c))) to provide a percentage of the cost of the
program authorized under chapter 2 of subpart 2 of part A of
title IV of the Higher Education Act of 1965 (20 U.S.C.
1070a-21 et seq.) from State, local, institutional, or
private funds.
``(B) Description of period.--The period described in this
subparagraph is the period beginning on the first day of a
qualifying emergency and ending on September 30 of the fiscal
year following the end of the qualifying emergency.''.
(c) Amendment to Clarify Scope of Authority.--Section 3518
of the CARES Act (Public Law 116-136) is further 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 chapter I or II of subpart
2 of part A of title IV of the Higher Education Act of 1965
(20 U.S.C. 1070a-11 et seq.; 1070a-21 et seq.), 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 chapter.''.
(d) 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
SEC. 121. EMERGENCY FINANCIAL AID GRANTS EXCLUDED FROM NEED
ANALYSIS.
(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.
SEC. 122. FACILITATING ACCESS TO FINANCIAL AID FOR RECENTLY
UNEMPLOYED STUDENTS.
(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) for each covered award year, shall ensure that--
(i) any question on the FAFSA used to determine whether an
applicant (or, as applicable, a spouse or parent of an
applicant) is a dislocated worker includes an express
reference to individuals who have been laid off;
(ii) any help text associated with a question described in
clause (i) includes a description of an applicant's treatment
as a dislocated worker under paragraph (1); and
(iii) the FAFSA includes a prominent notification,
appearing immediately before questions related to tax returns
or income that, if the applicant (or, as applicable, a spouse
or parent of an applicant) has lost significant income earned
from work due to a qualifying emergency, the applicant should
contact the financial aid administrator at the institution
where the applicant plans to enroll to provide current income
information;
(B) 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);
(ii) of the availability of means-tested Federal benefits
for which such applicants may be eligible; and
(iii) of the ability of a financial aid administrator of an
institution of higher education to use professional judgment
as authorized under section 479A of the Higher Education Act
of 1965 (20 U.S.C. 1087tt) and in accordance with subsection
(b), to determine, where appropriate, that income earned from
work is zero and consider unemployment
[[Page S6107]]
benefits to be zero, if the applicant (or, as applicable, a
spouse or parent of an applicant) has applied for or is
receiving unemployment benefits;
(C) 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
(D) 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.--For the purposes of making a professional
judgment as authorized under section 479A of the Higher
Education Act of 1965 (20 U.S.C. 1087tt), a financial aid
administrator may, during a covered award year--
(1) determine that the income earned from work for a
student, or a parent or spouse of a student, as applicable,
is zero, if the student, parent, or spouse provides paper or
electronic documentation of receipt of unemployment benefits
or confirmation that an application for unemployment benefits
was submitted;
(2) consider the value of unemployment benefits for such
student, parent, or spouse to be zero; and
(3) make appropriate adjustments to the data items on the
FAFSA for a student, parent, or spouse, as applicable, based
on the totality of the family's situation.
(c) Unemployment Documentation.--For the purposes of
documenting unemployment benefits or application for such
benefits under subsection (b), such documentation shall be
accepted if such documentation is submitted not more than 90
days from the date on which such documentation was issued,
unless a financial aid administrator knows that the student,
parent, or spouse, as applicable, has already obtained other
employment.
(d) Adjustments to Program Review Model.--The Secretary
shall make adjustments to the model used to select
institutions of higher education participating in title IV of
the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) for
program reviews, in order to--
(1) account for any rise in the use of professional
judgment as authorized under section 479A of such Act (20
U.S.C. 1087tt) during the 2020-2021 and 2021-2022 award
years; and
(2) ensure that institutions are not penalized for an
increase in the use of professional judgment during such
award years.
(e) 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.
SEC. 123. STUDENT ELIGIBILITY FOR HIGHER EDUCATION EMERGENCY
RELIEF FUND AND OTHER HIGHER EDUCATION FUNDS.
(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 VIII 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).
SEC. 124. DISTANCE EDUCATION.
(a) Definition of Distance Education.--
(1) In general.--Notwithstanding section 103(7) of the
Higher Education Act of 1965 (20 U.S.C. 1003(7)) and except
as otherwise specified in section 486 of the Higher Education
Act of 1965 (20 U.S.C. 1093), the term ``distance education''
as used in title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.) shall have the meaning given that term
in section 600.2 of title 34, Code of Federal Regulations, as
amended by the final regulations entitled ``Distance
Education and Innovation'' published by the Department of
Education in the Federal Register on September 2, 2020 (85
Fed. Reg. 54809), or any succeeding regulations.
(2) Information to accrediting agency.--Not later than 90
days after the date of enactment of this Act, each
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.) and that provides one or more
educational programs through distance education shall submit
to the institution's accrediting agency or association, a
description of how the institution plans to meet the
requirements of this subsection.
(3) Effective date.--This subsection shall take effect with
respect to any semester (or the equivalent) that begins on or
after December 1, 2020.
(b) Approval for Expanded Distance Education.--
(1) In general.--
(A) In general.--Notwithstanding section 481(b)(3) of the
Higher Education Act of 1965 (20 U.S.C. 1088(b)(3)), an
institution of higher education described in subparagraph (B)
may deliver distance education by offering programs in whole
or in part through telecommunications and be eligible to
participate in a program under title IV if such institution
meets the requirements of paragraphs (2) through (4).
(B) Institution of higher education.--An institution of
higher education described in this subparagraph is an
institution of higher education that uses or expands distance
education--
(i) in accordance with the flexibilities and waivers
provided under the guidance of the Secretary on distance
education; and
(ii) without following--
(I) the standard approval process for distance education
(as in effect before March 5, 2020) of the Secretary; or
(II) the evaluation process of institution's accrediting
agency or association described in paragraph (2)(A).
(2) Commencement of evaluation process with the
institution's accrediting agency.--
(A) In general.--Not later than December 31, 2020, each
institution described in paragraph (1)(B) shall demonstrate
to the Secretary that such institution has commenced the
evaluation process with its accrediting agency or association
for the purpose of evaluating distance education to determine
whether such institution has the capability to--
(i) effectively deliver distance education programs; and
(ii) meet the applicable policies and procedures of the
accrediting agency or association (as such policies and
procedures were in effect before March 5, 2020).
(B) Accrediting agency or association.--In a case in which
an accrediting agency or association does not have distance
education in the scope of its recognition at the time an
institution commences the evaluation process described in
this paragraph, and such agency expands its scope of
accreditation to include distance education, not later than
30 days after such change in scope, such agency shall notify
the Secretary, in writing, of the change in scope to include
distance education, in accordance with section
496(a)(4)(B)(i)(II) of the Higher Education Act of 1965 (20
U.S.C. 1099b(a)(4)(B)(i)(II)).
(3) Commencement of approval process with the secretary.--
Not later than December 31, 2020, each institution described
in paragraph (1)(B) shall commence, with the Secretary, the
standard approval process for distance education of the
Secretary referred to in paragraph (1)(B)(ii)(I).
(4) Completion of evaluation and approval process.--
[[Page S6108]]
(A) In general.--Not later than July 1, 2021, an
institution of higher education described in paragraph (1)(B)
shall demonstrate to the Secretary that--
(i) the institution has completed the evaluation process
and standard approval process for distance education under
paragraphs (2) and (3), respectively, for each of its
applicable programs; and
(ii) each such program meets the applicable policies and
procedures to offer distance education that are required by
the Secretary and the institution's accrediting agency or
association under such paragraphs.
(B) Loss of eligibility.--An institution of higher
education that does not meet the requirements of subparagraph
(A) shall cease offering distance education programs until
such time that such institution demonstrates to the Secretary
that the institution and each of its applicable programs meet
the requirements of subparagraph (A).
(c) Requirements for Certain Covered Arrangements.--
(1) Accreditor review for covered arrangements with foreign
institutions.--An institution of higher education with a
covered arrangement with a foreign institution shall
demonstrate to the Secretary that the institution has
commenced the evaluation process with the institution's
accrediting agency or association to determine, in a case in
which the accrediting agency or association has standards for
the provision of educational services to another institution,
whether such covered arrangement meets the standards.
(2) Reporting to the secretary.--Beginning not later than
30 days after the date of enactment of this Act, the
Secretary shall require the following:
(A) Institutions with covered arrangements with non-title-
iv institutions or organizations.--An institution of higher
education with a covered arrangement with a non-title-IV
institution or organization shall report to the Secretary not
later than 10 days after the institution of higher education
establishes or modifies such covered arrangement--
(i) the name of the institution or organization that is not
eligible to participate in a program under title IV;
(ii) a summary of such arrangement, including the
percentages and components of the educational program to be
offered by the institution of higher education and such
institution or organization; and
(iii) an attestation that the institution of higher
education and such institution or organization meet the
requirements of section 668.5(c) of title 34, Code of Federal
Regulations (as such section is in effect on the date of
enactment of this Act), including the specific determination
from the institution of higher education's accrediting agency
or association that the institution's arrangement meets the
agency or association's standards for the contracting out of
educational services.
(B) Institutions with covered arrangements with foreign
institutions.--An institution of higher education with a
covered arrangement with a foreign institution shall report
to the Secretary--
(i) not later than 10 days after such institution
establishes such covered arrangement--
(I) the name of the foreign institution; and
(II) a summary of such arrangement, including the
percentages and components of the educational program to be
offered by the institution of higher education and the
foreign institution; and
(ii) if applicable, not later than 10 days after the date
on which the institution's accrediting agency or association
provides its determination to the institution in accordance
with paragraph (1), the determination made by the
institution's accrediting agency or association.
(3) Information made available to students.--
(A) Institutions with covered arrangements with non-title-
iv institutions or organizations.--An institution of higher
education with a covered arrangement with a non-title-IV
institution or organization shall provide directly to
enrolled and prospective students, and make available on a
publicly accessible website of the institution, a description
of each covered arrangement with a non-title-IV institution
or organization, including information on--
(i) the portion of the educational program that the
institution of higher education is not providing;
(ii) the name and location of the non-title-IV institution
or organization that is providing such portion of the
educational program;
(iii) the method of delivery of such portion of the
educational program; and
(iv) the estimated additional costs students may incur as
the result of enrolling in an educational program that is
provided under the covered arrangement.
(B) Institutions with covered arrangements with foreign
institutions.--In the case of an institution of higher
education with a covered arrangement with a foreign
institution, the foreign institution in such arrangement
shall provide the information described in subparagraph (A)
regarding the covered arrangement in the same manner as
applies to an institution of higher education with a covered
arrangement with a non-title-IV institution or organization
subject to such subparagraph.
(4) Enforcement.--The Secretary shall take such enforcement
actions under section 487(c) of the Higher Education Act of
1965 (20 U.S.C. 1094(c)) as necessary until such time as an
institution of higher education with a covered arrangement
subject to this subsection can demonstrate that the
institution meets--
(A) the standards of the institution's accrediting agency
or association for the contracting out of educational
services; and
(B) in the case of an institution with a covered
arrangement with a foreign institution, the standards, if
applicable, of the accrediting agency or association for the
provision of educational services to another institution.
(d) Required Reports.--
(1) Reports by accrediting agency or association.--
(A) In general.--Not later than 15 business days after an
accrediting agency or association completes the review of an
institution of higher education subject to the requirements
of subsection (b) or (c), the accrediting agency or
association shall publish a report regarding the review.
(B) Requirements.--The report under subparagraph (A)
shall--
(i) be published on the website of the accrediting agency
or association; and
(ii) include a summary of the conclusion and the relevant
findings that such agency or association provided such
institution of higher education in granting, as applicable--
(I) the approval or denial for an institution of higher
education to deliver distance education under subsection (b);
or
(II) the approval or denial of an institution of higher
education to enter into or modify a written arrangement in
accordance with subsection (c).
(2) Reports by secretary.--By March 31, 2021, and quarterly
thereafter, the Secretary shall provide the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Education and Labor of the House of
Representatives, and publish on a publicly available website,
a report of the information collected under paragraph (1) and
subsection (c)(2).
(e) Other Definitions.--In this section:
(1) Accrediting agency or association.--The term
``accrediting agency or association'' means--
(A) an accrediting agency or association that is recognized
by the Secretary under subpart 2 of part H of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1099b); or
(B) in the case of a public postsecondary vocational
institution whose eligibility for Federal student assistance
programs is being determined by a State agency listed under
section 487(c)(4) of the Higher Education Act of 1965 (20
U.S.C. 1094(c)(4)), such a State agency.
(2) Covered arrangement with a foreign institution.--The
term ``covered arrangement with a foreign institution'' means
a written arrangement entered into between an institution of
higher education and a foreign institution, on or after March
13, 2020, to provide an educational program.
(3) Covered arrangement with a non-title-iv institution or
organization.--The term ``covered arrangement with a non-
title-IV institution or organization'' means a written
arrangement--
(A) to provide an educational program that satisfies the
requirements of section 668.8 of title 34, Code of Federal
Regulations (as such section is in effect on the date of
enactment of this Act) between an institution of higher
education and an institution or organization that is not
eligible to participate in a program under title IV;
(B) entered into, or modified, on or after March 13, 2020;
and
(C) through which the institution or organization that is
not eligible to participate in a program under title IV will
provide more than 25 percent, but less than 50 percent of the
educational program subject to the arrangement.
(4) Foreign institution.--The term ``foreign institution''
means an institution located outside the United States that
is described in paragraphs (1)(C) and (2) of section 102(a)
of the Higher Education Act of 1965 (20 U.S.C. 1002(a)).
(5) Guidance of the secretary on distance education.--The
term ``guidance of the Secretary on distance education''
means the guidance of the Secretary entitled ``UPDATED
Guidance for interruptions of study related to Coronavirus
(COVID-19)'' dated June 16, 2020 (or prior or succeeding
guidance).
(6) Institution of higher education.--The term
``institution of higher education'' has the meaning given
that term in section 102 of the Higher Education Act of 1965
(20 U.S.C. 1002).
(7) Program under title iv.--The term ``program under title
IV'' means the following programs under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.):
(A) The Federal Pell Grant program under section 401 of
such Act (20 U.S.C. 1070a).
(B) The Federal Supplemental Educational Opportunity Grant
program under subpart 3 of part A of such title IV (20 U.S.C.
1070b).
(C) The Federal work-study program under part C of such
title IV (20 U.S.C. 1087-51 et seq.).
(D) The Federal Direct Loan program under part D of such
title IV (20 U.S.C. 1087a et seq.).
SEC. 125. REQUIREMENTS FOR TEACH-OUT PLANS AND TEACH-OUT
AGREEMENTS.
(a) Requirements.--
(1) In general.--Notwithstanding section 487(f)(2) of the
Higher Education Act of 1965 (20 U.S.C. 1094(f)(2)), in the
event an institution of higher education, during the period
[[Page S6109]]
described in subsection (d), is required to submit to its
accrediting agency or association a teach-out plan (in
accordance with section 487(f) and section 496(c)(3) of such
Act (20 U.S.C. 1094(f); 1099b(c)(3))), or to submit a teach-
out agreement among institutions (in accordance with section
496(c)(6) of such Act (20 U.S.C. 1099b(c)(6))), the following
shall apply to such plans and agreements:
(A) The definitions and requirements described in this
subsection.
(B) Any other applicable standards of the institution's
accrediting agency or association.
(C) Any other provisions the Secretary of Education
determines are necessary to protect the interests of the
United States and to promote the purposes of this section.
(2) Closing institution defined.--The term ``closing
institution'' means an institution of higher education--
(A) that ceases to operate or plans to cease operations
before all enrolled students have completed their program of
study; or
(B) that has an institutional location that--
(i) provides 100 percent of at least 1 program offered by
the institution of higher education; and
(ii) ceases to operate or plans to cease operations before
all enrolled students have completed their program of study.
(3) Teach-out plans.--
(A) Teach-out plan defined.--The term ``teach-out plan''
means a written plan developed by a closing institution that
provides for the equitable treatment of students.
(B) Contents of teach-out plans.--A teach-out plan shall
include a record-retention plan that includes--
(i) a plan for the custody (including by any applicable
State authorizing agencies), and the disposition, of teach-
out records that meets the requirements of paragraph
(5)(B)(iii);
(ii) an assurance that in the event of the closure of the
institution or an institutional location of the institution,
such institution--
(I) will meet the requirements of paragraph (5)(B)(iv); and
(II) will refund students the amount of any unearned
tuition, account balances, and student fees, and refunds due;
and
(iii) an estimate of the costs necessary to carry out such
record-retention plan.
(4) Teach-out agreement defined.--The term ``teach-out
agreement'' means a written agreement between a closing
institution and one or more other institutions of higher
education (in this section referred to as a ``teach-out
institution)'' that--
(A) provides for the equitable treatment of students and a
reasonable opportunity for students to complete their program
of study; and
(B) meets the requirements in section 496(c)(6) of the
Higher Education Act of 1965 (20 U.S.C. 1099b(c)(6)).
(5) Approval of teach-out agreements.--In approving a
teach-out agreement, the accrediting agency or association
shall determine a timeline for an interim teach-out agreement
and a final teach-out agreement that provides for the
equitable treatment of students and ensures--
(A) that the teach-out institution--
(i) to the extent practicable, is an institution of higher
education that meets the requirements of section 101 or
section 102(c) of the Higher Education Act of 1965 (20 U.S.C.
1001; 1002(c));
(ii) has the necessary experience, resources, and support
services to provide an educational program that is of
acceptable quality and reasonably similar in content,
delivery modality, and scheduling to that provided by the
closing institution with which the teach-out institution has
entered into the teach-out agreement;
(iii) has not been subject to a sanction of probation or
equivalent or show cause by its accrediting agency or
association or any applicable State authorizing or licensing
agency in the past 5 years; and
(iv) shows no evidence of significant problems (including
financial stability or administrative capability) that affect
the institution's capacity to carry out its mission and meet
all obligations to enrolled students, which shall include a
showing that there is no evidence of the conditions described
in section 602.24(c)(8) of title 34, Code of Federal
Regulations, as in effect on the date of enactment of this
Act; and
(B) that the closing institution--
(i) provides the accrediting agency or association and the
Secretary a complete list of all students who are enrolled in
each program at the institution or who have withdrawn from
the institution within the last 180 days, including each
student's name, contact information, program of study, the
program requirements each student has completed, and the
estimated date of completion in the absence of the closure of
such institution or institutional location;
(ii) provides to the accrediting agency or association and
the Secretary, for each program of study at the closing
institution, records of any agreements pertaining to the
acceptance of students, transfer of credits, articulation
agreements, or waiver of program requirements between the
closing institution and any other institutions of higher
education;
(iii) provides a record-retention plan to all enrolled
students that delineates the final disposition of teach-out
records, digitally where practicable, including student
transcripts, billing, financial aid records, and the amount
of any unearned tuition, account balances, student fees, and
refunds due to each such student;
(iv) releases all financial holds placed on student records
and, for the 3-year period beginning on the date of the
closure of such institution or institutional location,
provides each student (including each student who withdrew
from such institution during the 180-day period prior to the
date of such closure) with the student's official transcripts
and complete academic records at no cost to the student;
(v) provides students with information, using standard
language developed by the Secretary under subsection (b),
regarding--
(I) the benefits and consequences of choosing to--
(aa) continue the student's studies by transferring to a
teach-out institution; and
(bb) receive a closed school discharge under section
437(c)(1) and section 464(g)(1) of the Higher Education Act
of 1965 (20 U.S.C. 1087(c)(1); 1087dd(g)(1)); and
(II) if applicable, information on institutional and State
refund policies;
(vi) provides students with information about additional
tuition and fee charges, if any, at the teach-out
institution; and
(vii) provides students with accurate information on the
number and types of credits the teach-out institution is
willing to accept prior to the student's enrollment in that
institution or any other institution of higher education with
which the closing institution has an articulation agreement.
(6) Submission of teach-out plans and teach-out
agreements.--
(A) Submission of notice.--Not later than 10 days after
being required to submit a teach-out plan or teach-out
agreement to its accrediting agency or association, the
institution of higher education shall submit a notice of such
plan or agreement to the Secretary of Education and to any
applicable State authorizing agencies of such institution.
(B) Submission of plan or agreement.--Not later than 5 days
after receiving approval from its accrediting agency or
association of a teach-out plan or teach-out agreement, as
applicable, the institution of higher education shall submit
the approved plan or agreement to the Secretary of Education
and to any applicable State authorizing agencies of such
institution.
(b) Standard Language.--Not later than 60 days after the
date of the enactment of this section, the Secretary of
Education shall publish standard language relating to closed
school discharges for purposes of subsection (a)(5)(B)(v).
(c) Prohibition on Misrepresentations.--
(1) In general.--An institution of higher education is
prohibited from engaging in misrepresentation about the
nature of teach-out plans, teach-out agreements, and transfer
of credit.
(2) Sanctions.-- Upon determination, after reasonable
notice and opportunity for a hearing, that an institution of
higher education is in violation of this subsection, the
Secretary of Education--
(A) shall impose a civil penalty not to exceed $25,000 for
each misrepresentation; and
(B) may impose an additional sanction described in section
497(c)(3) of the Higher Education Act of 1965 (20 U.S.C.
1094(c)(3)).
(d) Covered Period.--The provisions of this section shall
be in effect during the period beginning on the date of
enactment of this Act and ending on the date on which on
which sections 487(f) of the Higher Education Act of 1965 (20
U.S.C. 1094(f)) or paragraphs (3) and (6) of section 493(c)
of such Act (20 U.S.C. 1098b(c)) are amended or repealed.
Subtitle C--Federal Student Loan Relief
PART 1--TEMPORARY RELIEF FOR FEDERAL STUDENT BORROWERS
SEC. 131. EXPANDING LOAN RELIEF TO ALL FEDERAL STUDENT LOAN
BORROWERS.
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 B, part D, or part E of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.,
1087a et seq., 1087aa 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.).''.
SEC. 132. EXTENDING THE LENGTH OF BORROWER RELIEF DUE TO THE
CORONAVIRUS EMERGENCY.
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.
[[Page S6110]]
``(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) Determination of compensation.--The Secretary or, as
applicable, the Secretary of Health and Human Services
shall--
``(A) with respect to a holder of a Federal student loan
defined in subparagraph (B) or (C) of section 3502(a)(2)--
``(i) determine any losses for such holder due to the
suspension of payments on such loan under paragraph (1); and
``(ii) establish reasonable compensation for such losses;
and
``(B) not later than 60 days after the date of enactment of
the Pandemic Education Response Act, with respect to a
borrower who made a payment on a Federal student loan defined
in subparagraph (B) or (C) of section 3502(a)(2) during the
period beginning on March 13, 2020, and ending on such date
of enactment, the Secretary shall pay to the borrower, an
amount equal to the lower of--
``(i) the amount paid by the borrower on such loan during
such period; or
``(ii) the amount that was due on such loan during such
period.
``(4) Recertification.--A borrower who is repaying a
Federal student 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)) 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,''.
SEC. 133. NO INTEREST ACCRUAL.
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 defined
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
Pandemic Education Response 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(a)(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 Pandemic Education Response 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) for which
interest was not paid by such Secretary pursuant to paragraph
(1) during the period beginning on March 13, 2020 and ending
on such date of enactment--
``(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
subparagraph (A), 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 subparagraph (A) 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.
[[Page S6111]]
``(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.''.
SEC. 134. NOTICE TO BORROWERS.
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).''.
SEC. 135. IMPLEMENTATION.
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).''.
SEC. 136. EFFECTIVE DATE.
Except as otherwise provided, 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 2--CONSOLIDATION LOANS AND PUBLIC SERVICE LOAN FORGIVENESS
SEC. 137. SPECIAL RULES RELATING TO FEDERAL DIRECT
CONSOLIDATION LOANS.
(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
[[Page S6112]]
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.
SEC. 138. TREATMENT OF PSLF.
(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.
Subtitle D--Protecting Students
SEC. 141. NOTIFICATIONS AND REPORTING RELATING TO HIGHER
EDUCATION.
(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--
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(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(b), 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, 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; and
(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 137 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.--
[[Page S6114]]
(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.
SEC. 142. PROTECTING STUDENTS FROM PREDATORY RECRUITMENT.
(a) Undercover and Audit-based Investigations.--During the
covered period, in carrying out the provisions of subpart 3
of part H of title IV of such Act (20 U.S.C. 1099c et seq.),
including paragraphs (1) and (2) of section 498A(a) of the
Higher Education Act of 1965 (20 U.S.C. 1099c-1(a)), the
Secretary of Education shall--
(1) conduct regular undercover and audit-based
investigations for the purpose of encouraging the ethical
treatment of students and prospective students and detecting
fraud and abuse in the Federal student aid programs,
including--
(A) violations described in section 487(c)(3) of the Higher
Education Act of 1965 (20 U.S.C. 1094(c)(3));
(B) violations of section 487(a)(20) of such Act (20 U.S.C.
1094(a)(20));
(C) violations described in subparagraphs (A) and (B) by
any entity with which the institution has contracted for
student recruitment or admission activities; and
(D) violations of subsection (b) of this section;
(2) develop written guidelines for the investigations
described in paragraph (1)--
(A) in accordance with commonly-accepted practices for
undercover operations by Office of Inspector General of the
Department of Education; and
(B) in consultation with other relevant agencies, including
the Department of Justice, Federal Trade Commission, Consumer
Financial Protection Bureau, and the Office of Inspector
General of the Department of Education;
(3) ensure that institutions found in violation of the
provisions under paragraph (1) shall be subject to a sanction
determined by the Secretary of Education under section 487(c)
of the Higher Education Act of 1965 (20 U.S.C. 1094(c)); and
(4) provide to the authorizing committees (as defined in
section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003)), and make available to the public, an annual report
on--
(A) the findings of investigations described in paragraph
(1); and
(B) the applicable sanctions imposed on institutions found
in violation of the provisions described in paragraph (1).
(b) Notice of Incentive Payment Ban.--During the covered
period, each institution of higher education participating in
a program under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.) shall--
(1) provide notice of the ban on prohibited incentive
payment (including commissions and bonuses) under section
487(a)(20) of such Act (20 U.S.C. 1094(a)(20)) (and
accompanying regulations) upon hiring an employee or entering
into a contract with a third party contractor, and at least
once per calendar year to employees and third-party
contractors of the institution; and
(2) publish a clear statement in all internal recruitment
materials, including guides or manuals, acknowledging such
ban.
(c) Sunset.--For purposes of this section, the term
``covered period'' means the period beginning on the date of
enactment of this Act and ending on the date on which subpart
3 of part H of title IV of the Higher Education (20 U.S.C.
1099c) is amended or repealed.
TITLE II--IMPACT AID AND MIGRANT EDUCATION CORONAVIRUS RELIEF
SEC. 201. IMPACT AID.
Due to 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, and
notwithstanding sections 7002(j) and 7003(c) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7702(j), 7703(c)), a local educational agency desiring to
receive a payment under section 7002 or 7003 of such Act (20
U.S.C. 7702, 7703) for fiscal year 2022 that also submitted
an application for such payment for fiscal year 2021 shall,
in the application submitted under section 7005 of such Act
(20 U.S.C. 7705) for fiscal year 2022--
(1) with respect to a requested payment under section 7002
of such Act (20 U.S.C. 7702)--
(A) use the data described in subsection (j) of such
section 7002 relating to calculating such payment that was
submitted by the local educational agency in the application
for fiscal year 2021; or
(B) use the data relating to calculating such payment for
the fiscal year required under such subsection (j); and
(2) with respect to a requested payment under section 7003
of such Act (20 U.S.C. 7703)--
(A) use the student count data relating to calculating such
payment that was submitted by the local educational agency in
the application for fiscal year 2021, except that payments
for fiscal year 2022 shall be calculated by the Secretary
using the expenditures and rates described in clauses (i),
(ii), (iii), and (iv) of subsection (b)(1)(C) of such section
7003 that would otherwise apply for fiscal year 2022; or
(B) use the student count data relating to calculating such
payment for the fiscal year required under subsection (c) of
such section 7003.
SEC. 202. EDUCATION OF MIGRATORY CHILDREN.
Due to 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, and
notwithstanding subsections (a)(1) and (f)(1) of section 1303
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6393), for the purposes of making determinations under
subsections (a)(1) and (f) of such section 1303 for fiscal
year 2021 and all subsequent fiscal years for which school
year 2019-2020 data would be used in the calculations under
section 1303(a)(1) of such Act (20 U.S.C. 6393(a)(1)) , the
Secretary of Education shall use school year 2018-2019 or
school year 2019-2020 data, whichever data are greater,
wherever school year 2019-2020 data otherwise would be
required.
TITLE III--CAREER, TECHNICAL, AND ADULT EDUCATION
SEC. 301. DEFINITIONS.
In this subtitle:
(1) Coronavirus.--The term ``coronavirus'' means
coronavirus as defined in section 506 of the Coronavirus
Preparedness and Response Supplemental Appropriations Act,
2020 (Public Law 116-123).
(2) COVID-19 national emergency.--The term ``COVID-19
national emergency'' means the national emergency declared by
the President under the National Emergencies Act (50 U.S.C.
1601 et seq.) on March 13, 2020, with respect to the
coronavirus.
SEC. 302. COVID-19 CAREER AND TECHNICAL EDUCATION RESPONSE
FLEXIBILITY.
(a) 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.
(b) 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.
(c) 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).
SEC. 303. ADULT EDUCATION AND LITERACY RESPONSE ACTIVITIES.
(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) 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).
TITLE IV--DISABILITY EMPLOYMENT
SEC. 401. REHABILITATION ACT WAIVERS.
(a) Provisions Eligible for Waiver.--The following
provisions of the Rehabilitation Act of 1973 (29 U.S.C. 701
et seq.) are eligible for waivers due to 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:
(1) The Secretary of Education may provide a waiver of
section 103(b)(1) to allow the replacement of expired or
spoiled food products at vending facilities.
(2) The Secretary of Education may provide a waiver of the
service obligation requirement under section 302(b) due to
interrupted service obligations.
(b) Duration.--A waiver approved by the Secretary under
subsection (a) shall expire on the earlier of the following
dates:
(1) The date that is 1 year after the date of the enactment
of this Act.
(2) The last day of the national emergency referred to in
subsection (a).
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(c) Streamlined Process.--The Secretary of Education shall
create a streamlined application process to request a waiver
under this section, and the Secretary may grant such waiver
if the Secretary determines that the waiver is necessary and
appropriate.
(d) Limitation.--Nothing in this section shall be construed
to allow the Secretary to waive any statutory or regulatory
requirements under applicable civil rights laws.
(e) Reporting and Publication.--
(1) Public notice.--A State requesting a waiver under this
section shall provide the public notice of, and the
opportunity to comment on, the request by posting on the
State website information regarding the waiver request and
the process for commenting.
(2) Notifying congress.--Not later than 7 days after--
(A) receiving a waiver request from a State under this
section, the Secretary of Education shall notify the
Committee on Health, Education, Labor, and Pensions of the
Senate, the Committee on Appropriations of the Senate, the
Committee on Education and Labor of the House of
Representatives, and the Committee on Appropriations of the
House of Representatives of such waiver request; and
(B) granting a waiver under this section, the Secretary of
Education shall notify the Committee on Health, Education,
Labor, and Pensions of the Senate, the Committee on
Appropriations of the Senate, the Committee on Education and
Labor of the House of Representatives, and the Committee on
Appropriations of the House of Representatives of such
waiver.
(3) Publication.--Not later than 30 days after granting a
waiver under this section, the Secretary of Education shall
publish a notice of the Secretary's decision (including which
waiver was granted and the reason for granting the waiver) in
the Federal Register and on the website of the Department of
Education.
DIVISION C--PROTECTION FOR FAMILIES AND WORKERS
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. 101. 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. 102. 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 the
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. 103. EMERGENCY LEAVE EXTENSION.
Section 102(a)(1)(F) is amended by striking ``December 31,
2020'' and inserting ``February 28, 2021''.
SEC. 104. 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,
due to COVID-19--
``(I) the child care provider of such son or daughter is
unavailable;
``(II) the school or place of care of such son or daughter
is closed; or
``(III) the school of such son or daughter---
``(aa) requires or makes optional a virtual learning
instruction model; or
``(bb) requires or makes optional a hybrid of in-person and
virtual learning instruction models.
``(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. 105. 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. 106. 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.--PRESUMPTION OF
ELIGIBILITY FOR 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
[[Page S6116]]
(3) in paragraph (2)(A), by striking ``that an employee
takes'' and all that follows through ``10 days''.
SEC. 107. 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. 108. NOTICE.
Section 110(c) is amended by striking ``for the purpose
described in subsection (a)(2)(A)''.
SEC. 109. 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. 110. 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--
``(i) 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; or
``(ii) from the school of the son or daughter of the
requirement or option of a virtual learning instruction model
or a hybrid of in-person and virtual learning instruction
models.''.
SEC. 111. 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. 112. 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. 113. 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. 121. 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. 122. 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 the 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. 123. SUNSET.
Section 5109 is amended by striking ``December 31, 2020''
and inserting ``February 28, 2021''.
SEC. 124. 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:
[[Page S6117]]
``(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. 125. 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. 126. AUTHORITY OF THE DIRECTOR OF THE OFFICE OF
MANAGEMENT AND BUDGET TO EXCLUDE CERTAIN
EMPLOYEES.
Division E is amended by striking section 5112.
SEC. 127. 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 EVERY WORKER PROTECTION ACT OF 2020
SEC. 201. SHORT TITLE.
This title may be cited as the ``COVID-19 Every Worker
Protection Act of 2020''.
SEC. 202. 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, not later than 7 days after the date of the
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 paramedic and emergency
medical services, including such services provided by
firefighters and other emergency responders; and
(C) employees of employers in other sectors or occupations,
including mortuary services, food processing (including
poultry, meat, and seafood), agriculture and crop harvesting,
manufacturing, indoor and outdoor construction, correctional
centers, jails, and detention centers, transportation
(including airports, train stations, and bus stations),
retail and wholesale grocery, warehousing and package and
mail processing and delivery services, call centers,
education, social service and daycare, homeless shelters,
hotels, restaurants and bars, drug stores and pharmacies, and
retail establishments.
(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; and
(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 described in 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 the 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 described in 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) Requirements.--The standard promulgated under this
subsection shall include--
(A) a requirement that any employer of an employee in an
occupation or sector described in paragraph (1)--
(i) conduct a hazard assessment to assess risks of
occupational exposure to SARS-CoV-2;
(ii) develop and implement an exposure control plan, based
on the hazard assessment mandated in clause (i), with the
input and involvement of employees or the representatives of
employees, as appropriate, to address the risk of
occupational exposure in such sectors and occupations;
(iii) provide job specific training and education to such
employees on such standard, the plan under clause (ii), and
prevention of the transmission of SARS-CoV-2;
(iv) implement, as appropriate, engineering controls,
including ventilation; work practice controls (including
physical distancing of not less than 6 feet while on the job
and during paid breaks); and appropriate respiratory
protection and other personal protective equipment;
(v) develop and implement procedures for--
(I) sanitation of the work environment;
(II) screening of employees for signs and symptoms of
COVID-19;
(III) the return to work for employees who previously
tested positive for COVID-19 or who showed signs or symptoms
of COVID-19; and
(IV) ensuring that subcontractors comply with the
procedures under subclauses (I) through (III); and
(vi) 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 the
enactment of this Act);
(B) 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);
(C) the incorporation, as appropriate, of--
(i) 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
(ii) relevant scientific research on novel pathogens; and
(D) a requirement for each employer to--
(i) maintain a COVID-19 employee infection log, notify its
own employees and report to the appropriate health department
of each confirmed positive COVID-19 diagnosis of an employee
within 24 hours of the employer learning of such confirmed
positive diagnosis, whether or not the infection is work-
related, consistent with the confidentiality requirements of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.), the HIPAA privacy regulations (defined in section
1180(b)(3) of the Social Security Act (42 U.S.C. 1320d-9(b))
and other applicable Federal regulations; and
(ii) report to the Occupational Safety and Health
Administration any outbreak of three or more confirmed
positive COVID-19 diagnoses that have occurred among
employees present at the place of employment within a 14-day
period, not later than 24 hours after the employer is made
aware of such an outbreak.
(8) Inapplicable provisions of law and executive order.--
The following provisions of law and Executive orders shall
not be applicable with respect to the standard promulgated
under this subsection:
(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 the 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 described in 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) Anti-retaliation.--
[[Page S6118]]
(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)).
(d) Effect on Other Laws, Regulations, or Orders.--
(1) In general.--Nothing in this Act shall be construed
to--
(A) curtail or limit authority of the Secretary under any
other provision of law; or
(B) preempt the application of any other statute,
regulation, or order of any State or local government related
to SARS-CoV-2 in the workplace except to the extent that such
provisions are inconsistent with this Act, or a standard
promulgated pursuant to this Act, and in such case only to
the extent of the inconsistency.
(2) Equal or greater protection.--A provision of law,
regulation, or order of a State or local government shall not
be considered inconsistent with this Act or standard
promulgated under this Act under paragraph (1)(B) if such
provision provides equal or greater health or safety
protection to an employee than the protection provided under
this Act, an Emergency Temporary Standard, or a final
standard promulgated under this Act.
SEC. 203. REPORTING, TRACKING, INVESTIGATION AND SURVEILLANCE
OF COVID-19 INFECTIONS AND OUTBREAKS.
The Director of the Centers for Disease Control and
Prevention, in conjunction with the Director of the National
Institute for Occupational Safety and Health, in cooperation
with State and territorial health departments, 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 described in section (a)(1);
(2) compile data and statistics on COVID-19 among such
employees and provide to the public periodic reports on such
data and statistics; and
(3) based on such reports, make recommendations on needed
actions or guidance to protect such employees.
TITLE III--COVID-19 PROTECTIONS UNDER LONGSHORE AND HARBOR WORKERS'
COMPENSATION ACT
SEC. 301. 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 the novel
coronavirus that causes 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 the
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) Definitions.--In this section:
(1) LHWCA terms.--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).
(2) Novel coronavirus.--The term ``novel coronavirus''
means SARS-CoV-2.
TITLE IV--WORKER'S COMPENSATION FOR FEDERAL AND POSTAL EMPLOYEES
DIAGNOSED WITH COVID-19
SEC. 401. PRESUMPTION OF ELIGIBILITY FOR WORKERS'
COMPENSATION BENEFITS FOR FEDERAL EMPLOYEES
DIAGNOSED WITH COVID-19.
(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
[[Page S6119]]
(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 in
the period described in such subparagraph prior to a
diagnosis with COVID-19.
TITLE V--COVID-19 WORKFORCE DEVELOPMENT RESPONSE ACTIVITIES
SEC. 501. DEFINITIONS.
(a) 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).
(b) 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).
(c) 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.
(d) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
SEC. 502. 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 during or up to one year after the end of the
qualifying emergency.
(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 for Job Corps students who
graduate during the periods described in subparagraph (B) or
(C) of paragraph (4).
(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 shall be provided to graduates who have graduated in
2020.
(6) Enrollment eligibility.--The requirements described in
sections 145(a)(2)(A) and 152(b)(2)(B) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3195(a)(2)(A) and
29 U.S.C. 3202(b)(2)(B)) shall be applicable only for
students participating onsite or once returning to onsite
after participating in distance learning.
(7) Effectively supporting distance learning.--The
Secretary shall take such steps necessary to modify the
agreements required by Sec. 147(a) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3197(a)(1)) to
enable operators and service providers to purchase, within
the limitations of the contract values or established annual
budgets for Job Corps Centers, any equipment, supplies, and
services that the operators or service providers determine
are necessary to facilitate effective virtual learning and to
protect the health of students and staff on-center during the
COVID-19 national emergency, including distance learning
technology for students and COVID-19 testing, and shall allow
students to retain permanent possession of such equipment and
technology without financial penalty regardless of their
enrollment status.
SEC. 503. MIGRANT AND SEASONAL FARMWORKER PROGRAM RESPONSE.
During the COVID-19 national emergency, for the purposes of
section 167(i)(3)(A) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3222(i)(3)(A)), the term ``low
income individual'' shall include an individual with a total
family income equal to or less than 150 percent of the
poverty line.
SEC. 504. 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. 505. APPRENTICESHIP SUPPORT DURING THE COVID-19 NATIONAL
EMERGENCY.
Not later than 30 days after the date of the enactment of
this Act, the Secretary shall identify and disseminate
strategies and tools to support virtual and online learning
and training in apprenticeship programs.
DIVISION D--HUMAN SERVICES AND COMMUNITY SUPPORTS
SEC. 100. SHORT TITLE.
This division may be cited as the ``Human Services and
Community Supports Act''.
TITLE I--STRONGER CHILD ABUSE PREVENTION AND TREATMENT
Subtitle A--General Program
SEC. 101. REPEAL OF FINDINGS.
Section 2 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5101 note) is repealed.
SEC. 102. REPEAL OF ADVISORY BOARD ON CHILD ABUSE AND
NEGLECT.
Section 102 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5102) is repealed.
SEC. 103. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO
CHILD ABUSE.
Section 103 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5104) is amended--
(1) in subsection (b)(1), by inserting ``early learning
programs and'' after ``including'';
(2) in subsection (c)(1)(C)--
(A) in clause (iii), by striking ``and'' at the end;
(B) in clause (iv), by adding ``and'' at the end; and
(C) by adding at the end the following:
``(v) the number of child fatalities and near fatalities
due to maltreatment, as reported by States in accordance with
the uniform standards established pursuant to subsection (d),
and any other relevant information related to such
fatalities;''; and
(3) by adding at the end the following:
``(d) Uniform Standards for Tracking and Reporting of Child
Fatalities Resulting From Maltreatment.--
``(1) Regulations required.--Not later than 24 months after
the date of the enactment of the Human Services and Community
Supports Act, the Secretary shall develop and issue final
regulations establishing uniform standards for the tracking
and reporting of child fatalities and near-fatalities
resulting from maltreatment. As a condition on eligibility
for receipt of funds under section 106, the standards
established under this paragraph shall be used by States for
the tracking and reporting of such fatalities under
subsection (d) of such section.
``(2) Maintenance of state law.--Notwithstanding the
uniform standards developed under paragraph (1), a State that
defines or describes such fatalities for any purpose other
than tracking and reporting under this subsection may
continue to use that definition or description for such
purpose.
``(3) Negotiated rulemaking.--In developing regulations
under paragraph (1), the Secretary shall submit such
regulations to a negotiated rulemaking process, which shall
include the participants described in paragraph (4).
``(4) Participants described.--The participants described
in this paragraph are--
``(A) State and county officials responsible for
administering the State plans under this Act and parts B and
E of title IV of the Social Security Act (42 U.S.C. 621 et
seq., 670 et seq.);
``(B) child welfare professionals with field experience;
``(C) child welfare researchers;
``(D) domestic violence researchers;
``(E) domestic violence professionals;
``(F) child development professionals;
``(G) mental health professionals;
``(H) pediatric emergency medicine physicians;
[[Page S6120]]
``(I) child abuse pediatricians, as certified by the
American Board of Pediatrics, who specialize in treating
victims of child abuse;
``(J) forensic pathologists;
``(K) public health administrators;
``(L) public health researchers;
``(M) law enforcement;
``(N) family court judges;
``(O) prosecutors;
``(P) medical examiners and coroners;
``(Q) a representative from the National Center for
Fatality Review and Prevention; and
``(R) such other individuals and entities as the Secretary
determines to be appropriate.''.
SEC. 104. RESEARCH AND ASSISTANCE ACTIVITIES.
Section 104 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5105) is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) Topics.--The Secretary shall, in consultation with
other Federal agencies and recognized experts in the field,
carry out a continuing interdisciplinary program of research,
including longitudinal research, that is designed to provide
information needed to improve primary prevention of child
abuse and neglect, better protect children from child abuse
or neglect, and improve the well-being of victims of child
abuse or neglect, with at least a portion of such research
being field initiated. Such research program may focus on--
``(A) disseminating evidence-based treatment directed to
individuals and families experiencing trauma due to child
abuse and neglect, including efforts to improve the
scalability of the treatments and programs being researched;
``(B) developing a set of evidence-based approaches to
support child and family well-being and developing ways to
identify, relieve, and mitigate stressors affecting families
in rural, urban, and suburban communities;
``(C) establishing methods to promote racial equity in the
child welfare system, including a focus on how neglect is
defined, how services are provided, and the unique impact on
Native American, Alaska Native, and Native Hawaiian
communities;
``(D) improving service delivery or outcomes for child
welfare service agencies engaged with families experiencing
domestic violence, substance use disorder, or other complex
needs;
``(E) the extent to which the number of unsubstantiated,
unfounded, and false reported cases of child abuse or neglect
have contributed to the inability of a State to respond
effectively to serious cases of child abuse or neglect;
``(F) the extent to which the lack of adequate resources
and the lack of adequate professional development of
individuals required by law to report suspected cases of
child abuse and neglect have contributed to the inability of
a State to respond effectively to serious cases of child
abuse and neglect;
``(G) the extent to which unsubstantiated reports return as
more serious cases of child abuse or neglect;
``(H) the incidence and outcomes of child abuse and neglect
allegations reported within the context of divorce, custody,
or other family court proceedings, and the interaction
between family courts and the child protective services
system;
``(I) the information on the national incidence of child
abuse and neglect specified in clauses (i) through (xi) of
subparagraph (J); and
``(J) the national incidence of child abuse and neglect,
including--
``(i) the extent to which incidents of child abuse and
neglect are increasing or decreasing in number and severity;
``(ii) the incidence of substantiated and unsubstantiated
reported child abuse and neglect cases;
``(iii) the number of substantiated cases that result in a
judicial finding of child abuse or neglect or related
criminal court convictions;
``(iv) the extent to which the number of unsubstantiated,
unfounded and false reported cases of child abuse or neglect
have contributed to the inability of a State to respond
effectively to serious cases of child abuse or neglect;
``(v) the extent to which the lack of adequate resources
and the lack of adequate education of individuals required by
law to report suspected cases of child abuse and neglect have
contributed to the inability of a State to respond
effectively to serious cases of child abuse and neglect;
``(vi) the number of unsubstantiated, false, or unfounded
reports that have resulted in a child being placed in
substitute care, and the duration of such placement;
``(vii) the extent to which unsubstantiated reports return
as more serious cases of child abuse or neglect;
``(viii) the incidence and prevalence of physical, sexual,
and emotional abuse and physical and emotional neglect in
substitute care;
``(ix) the incidence and prevalence of child maltreatment
by a wide array of demographic characteristics such as age,
sex, race, family structure, household relationship
(including the living arrangement of the resident parent and
family size), school enrollment and education attainment,
disability, grandparents as caregivers, labor force status,
work status in previous year, and income in previous year;
``(x) the extent to which reports of suspected or known
instances of child abuse or neglect involving a potential
combination of jurisdictions, such as intrastate, interstate,
Federal-State, and State-Tribal, are being screened out
solely on the basis of the cross-jurisdictional
complications; and
``(xi) the incidence and outcomes of child abuse and
neglect allegations reported within the context of divorce,
custody, or other family court proceedings, and the
interaction between family courts and the child protective
services system.'';
(B) in paragraph (2), by striking ``paragraph (1)(O)'' and
inserting ``paragraph (1)(J)'';
(C) by amending paragraph (3) to read as follows:
``(3) Reporting requirements.--
``(A) In general.--Not later than 4 years after the date of
the enactment of the Human Services and Community Supports
Act, the Secretary shall prepare and 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 a report that contains the results of the research
conducted under paragraph (2).
``(B) National incidence.--The Secretary shall ensure that
research conducted, and data collected, under paragraph
(1)(J) are reported in a way that will allow longitudinal
comparisons as well as comparisons to the national incidence
studies conducted under this title.''; and
(D) by striking the second paragraph (4);
(2) in subsection (b), by amending paragraph (2) to read as
follows:
``(2) Areas of emphasis.--Such technical assistance--
``(A) shall focus on--
``(i) implementing strategies that can leverage existing
community-based and State funded resources to prevent child
abuse and neglect and providing education for individuals
involved in prevention activities;
``(ii) reducing racial bias in child welfare systems,
including how such systems interact with health, law
enforcement, and education systems;
``(iii) promoting best practices for families experiencing
domestic violence, substance use disorder, or other complex
needs; and
``(iv) providing professional development and other
technical assistance to child welfare agencies to improve the
understanding of and to help address the effects of trauma
and adverse childhood experiences in parents and children in
contact with the child welfare system; and
``(B) may include the identification of--
``(i) various methods and procedures for the investigation,
assessment, and prosecution of child physical and sexual
abuse cases;
``(ii) ways to mitigate psychological trauma to the child
victim;
``(iii) effective programs carried out by the States under
titles I and II; and
``(iv) effective approaches being utilized to link child
protective service agencies with health care, mental health
care, and developmental services and early intervention to
improve forensic diagnosis and health evaluations, and
barriers and shortages to such linkages.'';
(3) in subsection (c), by striking paragraph (3); and
(4) by striking subsection (e).
SEC. 105. GRANTS TO STATES, INDIAN TRIBES OR TRIBAL
ORGANIZATIONS, AND PUBLIC OR PRIVATE AGENCIES
AND ORGANIZATIONS.
Section 105 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5106) is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (7) as paragraph (11);
(B) by striking paragraphs (1) through (6) and inserting
the following:
``(1) Prevention services.--The Secretary may award grants
under this subsection to entities to establish or expand
prevention services that reduce incidences of child
maltreatment and strengthen families.
``(2) Traumatic stress.--The Secretary may award grants
under this subsection to entities to address instances of
traumatic stress in families due to child abuse and neglect,
especially for families with complex needs or families that
exhibit high levels of adverse childhood experiences.
``(3) Promoting a high-quality workforce.--The Secretary
may award grants under this subsection to entities to carry
out programs or strategies that promote a high-quality
workforce in the child welfare system through---
``(A) improvements to recruitment, support, or retention
efforts; or
``(B) education for professionals and paraprofessionals in
the prevention, identification, and treatment of child abuse
and neglect.
``(4) Improving coordination.--The Secretary may award
grants under this subsection to entities to carry out
activities to improve intrastate coordination within the
child welfare system. Such activities may include--
``(A) aligning information technology systems;
``(B) improving information sharing regarding child and
family referrals; or
``(C) creating collaborative voluntary partnerships among
public and private agencies, the State's child protective
services, local social service agencies, community-based
family support programs, State and local
[[Page S6121]]
legal agencies, developmental disability agencies, substance
use disorder treatment providers, health care providers and
agencies, domestic violence prevention programs, mental
health services, schools and early learning providers,
religious entities, and other community-based programs.
``(5) Primary prevention.--The Secretary may award grants
under this subsection to entities to carry out or expand
primary prevention programs or strategies that address family
or community protective factors.
``(6) Neglect due to economic insecurity.--The Secretary
may award grants under this subsection to entities to carry
out programs or strategies that reduce findings of child
neglect due in full or in part to family economic insecurity.
``(7) Education of mandatory reporters.--The Secretary may
award grants under this subsection to entities for projects
that involve research-based strategies for innovative
education of mandated child abuse and neglect reporters, and
for victims to understand mandatory reporting.
``(8) Sentinel injuries.--The Secretary may award grants
under this subsection to entities to identify and test
effective practices to improve early detection and management
of injuries indicative of potential abuse in infants to
prevent future cases of child abuse and related fatalities.
``(9) Innovative partnerships.--The Secretary may award
grants under this subsection to entities to carry out
innovative programs or strategies to coordinate the delivery
of services to help reduce child abuse and neglect via
partnerships among health, mental health, education
(including early learning and care programs as appropriate),
and child welfare agencies and providers.
``(10) Reducing child abuse and neglect due to the
substance use disorder of a parent or caregiver.--The
Secretary may award grants under this subsection to entities
to carry out activities to reduce child abuse and neglect due
to the substance use disorder of a parent or caregiver.'';
and
(C) by adding at the end the following:
``(12) National child abuse hotline.--
``(A) In general.--The Secretary may award a grant under
this subsection to a nonprofit entity to provide for the
ongoing operation of a 24-hour, national, toll-free telephone
hotline to provide information and assistance to youth
victims of child abuse or neglect, parents, caregivers,
mandated reporters, and other concerned community members,
including through alternative modalities for communications
(such as texting or chat services) with such victims and
other information seekers.
``(B) Priority.--In awarding grants described in this
paragraph, the Secretary shall give priority to applicants
with experience in operating a hotline that provides
assistance to victims of child abuse, parents, caregivers,
and mandated reporters.
``(C) Application.--To be eligible to receive a grant
described in this paragraph, a nonprofit entity shall submit
an application to the Secretary that shall--
``(i) contain such assurances and information, be in such
form, and be submitted in such manner, as the Secretary shall
prescribe;
``(ii) include a complete description of the entity's plan
for the operation of a national child abuse hotline,
including descriptions of--
``(I) the professional development program for hotline
personnel, including technology professional development to
ensure that all persons affiliated with the hotline are able
to effectively operate any technological systems used by the
hotline;
``(II) the qualifications for hotline personnel;
``(III) the methods for the creation, maintenance, and
updating of a comprehensive list of prevention and treatment
service providers;
``(IV) a plan for publicizing the availability of the
hotline throughout the United States;
``(V) a plan for providing service to non-English speaking
callers, including service through hotline personnel who have
non-English language capability;
``(VI) a plan for facilitating access to the hotline and
alternative modality services by persons with hearing
impairments and disabilities;
``(VII) a plan for providing crisis counseling, general
assistance, and referrals to youth victims of child abuse;
and
``(VIII) a plan to offer alternative services to calling,
such as texting or live chat;
``(iii) demonstrate that the entity has the capacity and
the expertise to maintain a child abuse hotline and a
comprehensive list of service providers;
``(iv) demonstrate the ability to provide information and
referrals for contacts, directly connect contacts to service
providers, and employ crisis interventions;
``(v) demonstrate that the entity has a commitment to
providing services to individuals in need; and
``(vi) demonstrate that the entity complies with State
privacy laws and has established quality assurance
practices.''; and
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) Goals and Performance.--The Secretary shall ensure
that each entity receiving a grant under this section--
``(1) establishes quantifiable goals for the outcome of the
project funded with the grant; and
``(2) adequately measures the performance of the project
relative to such goals.
``(c) Performance Report Required.--
``(1) In general.--Each entity that receives a grant under
this section shall submit to the Secretary a performance
report that includes--
``(A) an evaluation of the effectiveness of the project
funded with the grant relative to the goals established for
such project under subsection (b)(1); and
``(B) data supporting such evaluation.
``(2) Submission.--The report under paragraph (1) shall be
submitted to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
``(d) Continuing Grants.--The Secretary may only award a
continuing grant to an entity under this section if such
entity submits a performance report required under subsection
(c) that demonstrates effectiveness of the project funded.''.
SEC. 106. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT
PREVENTION AND TREATMENT PROGRAMS.
(a) Development and Operation Grants.--Subsection (a) of
section 106 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5106a) is amended to read as follows:
``(a) Development and Operation Grants.--The Secretary
shall make grants to the States, from allotments under
subsection (f) for each State that applies for a grant under
this section, for purposes of assisting the States in
improving and implementing a child protective services system
that is family-centered, integrates community services, and
is capable of providing rapid response to high-risk cases, by
carrying out the following:
``(1) Conducting the intake, assessment, screening, and
investigation of reports of child abuse or neglect.
``(2) Ensuring that reports concerning a child's living
arrangements or subsistence needs are addressed through
services or benefits and that no child is separated from such
child's parent for reasons of poverty.
``(3) Creating and improving the use of multidisciplinary
teams and interagency, intra-agency, interstate, and
intrastate protocols to enhance fair investigations; and
improving legal preparation and representation.
``(4) Complying with the assurances in section 106(b)(2).
``(5) Establishing State and local networks of child and
family service providers that support child and family well-
being, which shall--
``(A) include child protective services, as well as
agencies and service providers, that address family-
strengthening, parenting skills, child development, early
childhood care and learning, child advocacy, public health,
mental health, substance use disorder treatment, domestic
violence, developmental disabilities, housing, juvenile
justice, elementary and secondary education, and child
placement; and
``(B) address instances of child abuse and neglect by
incorporating evaluations that assess the development of a
child, including language and communication, cognitive,
physical, and social and emotional development, the need for
mental health services, including trauma-related services,
trauma-informed care, and parental needs.
``(6) Ensuring child protective services is addressing the
safety of children and responding to parent and family needs,
which shall include--
``(A) family-oriented efforts that emphasize case
assessment and follow up casework focused on child safety and
child and parent well-being, which may include--
``(i) ensuring parents and children undergo physical and
mental health assessments, as appropriate, and ongoing
developmental monitoring;
``(ii) multidisciplinary approaches to assessing family
needs and connecting the family with services, including
prevention services under section 471 of the Social Security
Act (42 U.S.C. 671);
``(iii) organizing a treatment team with the goal of
preventing child abuse and neglect, and improving parent and
child well-being;
``(iv) case monitoring that supports child well-being; and
``(v) differential response efforts; and
``(B) establishing and maintaining a rapid response system
that responds promptly to all reports of child abuse or
neglect, with special attention to cases involving children
under 3 years of age.
``(7) Educating caseworkers, community service providers,
attorneys, health care professionals, parents, and others
engaged in the prevention, intervention, and treatment of
child abuse and neglect, which shall include education on--
``(A) practices that help ensure child safety and well-
being;
``(B) approaches to family-oriented prevention,
intervention, and treatment of child abuse and neglect;
``(C) early childhood, child, and adolescent development,
and the impact of adverse childhood experiences on such
development;
``(D) the relationship between child abuse and domestic
violence, and support for non-abusing parents;
``(E) strategies to work with families impacted by
substance use disorder and mental health issues (and, when
appropriate, be coordinated with prevention efforts funded
under section 471 of the Social Security Act (42 U.S.C.
671));
``(F) effective use of multiple services to address family
and child needs, including needs resulting from trauma;
[[Page S6122]]
``(G) efforts to improve family and child well-being;
``(H) support for child welfare workers affected by
secondary trauma; and
``(I) supporting families and caregivers to combat and
prevent unsubstantiated, unfounded, or false reports,
including through education on the rights of families and
caregivers.
``(8) Creating or improving data systems that allow for--
``(A) the identification of cases requiring prompt
responses;
``(B) real-time case monitoring that tracks assessments,
service referrals, follow-up, case reviews, and progress
toward parent and child goals; and
``(C) sharing basic identifying data with law enforcement,
as necessary.
``(9) Improving the general child protective system by
developing, improving, and implementing safety assessment
tools, providing that such tools, protocols, and systems
shall not authorize the separation of any child from the
legal parent or guardian of such child solely on the basis of
poverty, or without a judicial order, except in the case of
imminent harm.''.
(b) Eligibility Requirements.--
(1) State plan.--Paragraph (1) of section 106(b) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b))
is amended to read as follows:
``(1) State plan.--
``(A) In general.--To be eligible to receive a grant under
this section, a State shall submit to the Secretary a State
plan that--
``(i) specifies how the grant will be used, and the State's
strategic plan, to treat child abuse and neglect and enhance
community-based, prevention-centered approaches that attempt
to prevent child abuse and neglect while strengthening and
supporting families whenever possible; and
``(ii) meets the requirements of this subsection.
``(B) Coordination and consultation.--
``(i) Coordination.--Each State, to the maximum extent
practicable, shall coordinate its State plan under this
subsection with its State plan under part B of title IV of
the Social Security Act (42 U.S.C. 621 et seq.) relating to
child and family services and, in States electing to provide
services under part E of title IV of the Social Security Act
(42 U.S.C. 670 et seq.) relating to foster care prevention
services, its State plan under such part E.
``(ii) Consultation.--In developing a State plan under this
subsection, a State shall consult with community-based
prevention and service agencies, parents and families
affected by child abuse or neglect in the State, law
enforcement, family court judges, prosecutors who handle
criminal child abuse cases, and medical professionals engaged
in the treatment of child abuse and neglect.
``(C) Duration and submission of plan.--Each State plan
shall--
``(i) be submitted not less than every 5 years; and
``(ii) if necessary, revised by the State to inform the
Secretary of any substantive changes, including--
``(I) any changes to State law or regulations, relating to
the prevention of child abuse and neglect that may affect the
eligibility of the State under this section; or
``(II) any changes in the State's activities, strategies,
or programs under this section.''.
(2) Contents.--Paragraph (2) of section 106(b) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)) is
amended to read as follows:
``(2) Contents.--A State plan submitted under paragraph (1)
shall contain a description of the activities that the State
will carry out using amounts received under the grant to
achieve the objectives of this title, including--
``(A) an assurance in the form of a certification by the
Governor of the State that the State has in effect and is
enforcing a State law, or has in effect and is operating a
statewide program, relating to child abuse and neglect that
includes--
``(i) provisions or procedures for an individual to report
known and suspected instances of child abuse and neglect,
including a State law for mandatory reporting by individuals
required to report such instances;
``(ii) procedures for the immediate screening, risk and
safety assessment, and prompt investigation of such reports
of alleged abuse and neglect in order to ensure the well-
being and safety of children;
``(iii) procedures for immediate steps to be taken to
ensure and protect the safety of a victim of child abuse or
neglect and of any other child under the same care who may
also be in danger of child abuse or neglect and ensuring
their placement in a safe environment;
``(iv) methods to preserve the confidentiality of all
records in order to protect the rights of the child and of
the child's parents or guardians, including requirements
ensuring that reports and records made and maintained
pursuant to the purposes of this Act shall only be made
available to--
``(I) individuals who are the subject of the report;
``(II) Federal, State, or local government entities, or any
agent of such entities, as described in clause (xi) of this
subparagraph;
``(III) child abuse citizen review panels;
``(IV) child fatality review panels;
``(V) a grand jury or court, upon a finding that
information in the record is necessary for the determination
of an issue before the court or grand jury; and
``(VI) other entities or classes of individuals statutorily
authorized by the State to receive such information pursuant
to a legitimate State purpose;
``(v) provisions and procedures requiring that in every
case involving a victim of child abuse or neglect which
results in a judicial proceeding, a guardian ad litem, who
has received education appropriate to the role, including
education in early childhood, child, and adolescent
development, and domestic violence, and who may be an
attorney or a court appointed special advocate who has
received education appropriate to that role (or both), shall
be appointed to represent the child (who, for purposes of
this section, shall have any age limit elected by the State
pursuant to section 475(8)(B)(iii) of the Social Security Act
(42 U.S.C. 675(8)(B)(iii)) in such proceedings--
``(I) to obtain first-hand, a clear understanding of the
situation and needs of such child; and
``(II) to make recommendations to the court concerning the
best interests of such child;
``(vi) the establishment of citizen review panels in
accordance with subsection (c);
``(vii) provisions and procedures to require that a
representative of the child protective services agency shall,
at the initial time of contact with the individual subject to
a child abuse or neglect investigation, advise the individual
of the complaints or allegations made against the individual,
in a manner that is consistent with laws protecting the
rights of the informant;
``(viii) provisions, procedures, and mechanisms--
``(I) for the expedited termination of parental rights in
the case of any infant determined to be abandoned under State
law; and
``(II) by which individuals who disagree with an official
finding of child abuse or neglect can appeal such finding;
``(ix) provisions addressing the professional development
of representatives of the child protective services system
regarding the legal duties of the representatives, which may
consist of various methods of informing such representatives
of such duties (including providing such education in
different languages if necessary), in order to protect the
legal rights and safety of children and their parents and
caregivers from the initial time of contact during
investigation through treatment;
``(x) provisions for immunity from civil or criminal
liability under State and local laws and regulations for
individuals making good faith reports of suspected or known
instances of child abuse or neglect, or who otherwise provide
information or assistance, including medical evaluations or
consultations, in connection with a report, investigation, or
legal intervention pursuant to a good faith report of child
abuse or neglect;
``(xi) provisions to require the State to disclose
confidential information to any Federal, State, or local
government entity, or any agent of such entity, that has a
need for such information in order to carry out its
responsibilities under law to protect children from child
abuse and neglect;
``(xii) provisions requiring, and procedures in place that
facilitate the prompt expungement of any records that are
accessible to the general public or are used for purposes of
employment or other background checks in cases determined to
be unsubstantiated or false, except that nothing in this
section shall prevent State child protective services
agencies from keeping information on unsubstantiated reports
in their casework files to assist in future risk and safety
assessment;
``(xiii) provisions and procedures for requiring criminal
background record checks that meet the requirements of
section 471(a)(20) of the Social Security Act (42 U.S.C.
671(a)(20)) for prospective foster and adoptive parents and
other adult relatives and non-relatives residing in the
household;
``(xiv) provisions for systems of technology that support
the State child protective services system and track reports
of child abuse and neglect from intake through final
disposition;
``(xv) provisions and procedures requiring identification
and assessment of all reports involving children known or
suspected to be victims of sex trafficking (as defined in
section 103(12) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102 (12));
``(xvi) provisions, procedures, and mechanisms that assure
that the State does not require reunification of a surviving
child with a parent who has been found by a court of
competent jurisdiction--
``(I) to have committed murder (which would have been an
offense under section 1111(a) of title 18, United States
Code, if the offense had occurred in the special maritime or
territorial jurisdiction of the United States) of another
child of such parent;
``(II) to have committed voluntary manslaughter (which
would have been an offense under section 1112(a) of title 18,
United States Code, if the offense had occurred in the
special maritime or territorial jurisdiction of the United
States) of another child of such parent;
``(III) to have aided or abetted, attempted, conspired, or
solicited to commit such murder or voluntary manslaughter;
``(IV) to have committed a felony assault that results in
the serious bodily injury to the surviving child or another
child of such parent;
``(V) to have committed sexual abuse against the surviving
child or another child of such parent; or
[[Page S6123]]
``(VI) to be required to register with a sex offender
registry under section 113(a) of the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C. 16913(a)); and
``(xvii) an assurance that, upon the implementation by the
State of the provisions, procedures, and mechanisms under
clause (xvi), conviction of any one of the felonies listed in
clause (xvi) constitute grounds under State law for the
termination of parental rights of the convicted parent as to
the surviving children (although case-by-case determinations
of whether or not to seek termination of parental rights
shall be within the sole discretion of the State);
``(B) an assurance that the State has in place procedures
for responding to the reporting of medical neglect (including
instances of withholding of medically indicated treatment
from infants with disabilities who have life-threatening
conditions), procedures or programs, or both (within the
State child protective services system), to provide for--
``(i) coordination and consultation with individuals
designated by and within appropriate health-care facilities;
``(ii) prompt notification by individuals designated by and
within appropriate health-care facilities of cases of
suspected medical neglect (including instances of withholding
of medically indicated treatment from infants with
disabilities who have life-threatening conditions); and
``(iii) authority, under State law, for the State child
protective services system to pursue any legal remedies,
including the authority to initiate legal proceedings in a
court of competent jurisdiction, as may be necessary to
prevent the withholding of medically indicated treatment from
infants with disabilities who have life-threatening
conditions;
``(C) an assurance or certification that programs and
education conducted under this title address the unique needs
of unaccompanied homeless youth, including access to
enrollment and support services and that such youth are
eligible for under parts B and E of title IV of the Social
Security Act (42 U.S.C. 621 et seq., 670 et seq.) and meet
the requirements of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11301 et seq.); and
``(D) a description of--
``(i) policies and procedures (including appropriate
referrals to child welfare service systems and for other
appropriate services (including home visiting services and
mutual support and parent partner programs) determined by a
family assessment) to address the needs of infants born with
and identified as being affected by substance use or
withdrawal symptoms resulting from prenatal drug exposure, or
a Fetal Alcohol Spectrum Disorder, including a requirement
that health care providers involved in the delivery or care
of such infants notify the child protective welfare service
system of the occurrence of such condition in such infants,
except that--
``(I) child protective services shall undertake an
investigation only when the findings of a family assessment
warrant such investigation; and
``(II) such notification shall not be construed to--
``(aa) establish a definition under Federal law of what
constitutes child abuse or neglect; or
``(bb) require prosecution for any illegal action;
``(ii) the development of a multi-disciplinary plan of safe
care for the infant born and identified as being affected by
substance use or withdrawal symptoms or a Fetal Alcohol
Spectrum Disorder to ensure the safety and well-being of such
infant following release from the care of health care
providers, including through--
``(I) using a risk-based approach to develop each plan of
safe care;
``(II) addressing, through coordinated service delivery,
the health and substance use disorder treatment needs of the
infant and affected family or caregiver as determined by a
family assessment; and
``(III) the development and implementation by the State of
monitoring systems regarding the implementation of such plans
of safe care to determine whether and in what manner local
entities are providing, in accordance with State
requirements, referrals to and delivery of appropriate
services for the infant and affected family or caregiver;
``(iii) policies and procedures to make available to the
public on the State website the data, findings, and
information about all cases of child abuse or neglect
resulting in a child fatality or near fatality, including a
description of--
``(I) how the State will not create an exception to such
public disclosure, except in a case in which--
``(aa) the State would like to delay public release of
case-specific findings or information (including any previous
reports of domestic violence and subsequent actions taken to
assess and address such reports) while a criminal
investigation or prosecution of such a fatality or near
fatality is pending;
``(bb) the State is protecting the identity of a reporter
of child abuse or neglect; or
``(cc) the State is withholding identifying information of
members of the victim's family who are not perpetrators of
the fatality or near fatality; and
``(II) how the State will ensure that in providing the
public disclosure required under this clause, the State will
include--
``(aa) the cause and circumstances of the fatality or near
fatality;
``(bb) the age and gender of the child; and
``(cc) any previous reports of child abuse or neglect
investigations that are relevant to the child abuse or
neglect that led to the fatality or near fatality;
``(iv) how the State will use data collected on child abuse
or neglect to prevent child fatalities and near fatalities;
``(v) how the State will implement efforts to prevent child
fatalities and near fatalities;
``(vi) the cooperation of State law enforcement officials,
court of competent jurisdiction, and appropriate State
agencies providing human services in the investigation,
assessment, prosecution, and treatment of child abuse and
neglect;
``(vii) the steps the State will take to improve the
professional development, retention, and supervision of
caseworkers and how the State will measure the effectiveness
of such efforts;
``(viii) the State's plan to ensure each child under the
age of 3 who is involved in a substantiated case of child
abuse or neglect will be referred to the State's child find
system under section 635(a)(5) of the Individuals with
Disabilities Education Act (20 U.S.C. 1435(a)(5)) in order to
determine if the child is an infant or toddler with a
disability (as defined in section 632(5) of such Act (20
U.S.C. 1432(5)));
``(ix) the State's plan to improve, as part of a
comprehensive State strategy led by law enforcement,
professional development for child protective services
workers and their appropriate role in identifying, assessing,
and providing comprehensive services for children who are sex
trafficking victims, in coordination with law enforcement,
juvenile justice agencies, runaway and homeless youth
shelters, and health, mental health, and other social service
agencies and providers;
``(x) the services to be provided under the grant to
individuals, families, or communities, either directly or
through referrals, aimed at preventing the occurrence of
child abuse and neglect;
``(xi) the State's efforts to ensure professionals who are
required to report suspected cases of child abuse and neglect
are aware of their responsibilities under subparagraph (A)(i)
and receive professional development relating to performing
such responsibilities that is specific to their profession
and workplace;
``(xii) policies and procedures encouraging the appropriate
involvement of families in decisionmaking pertaining to
children who experienced child abuse or neglect;
``(xiii) the State's efforts to improve appropriate
collaboration among child protective services agencies,
domestic violence services agencies, substance use disorder
treatment agencies, and other agencies in investigations,
interventions, and the delivery of services and treatment
provided to children and families affected by child abuse or
neglect, including children exposed to domestic violence,
where appropriate;
``(xiv) policies and procedures regarding the use of
differential response, as applicable, to improve outcomes for
children; and
``(xv) the State's efforts to reduce racial bias in its
child protective services system.''.
(3) Limitations.--Paragraph (3) of section 106(b) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b))
is amended--
(A) in the paragraph heading, by striking ``Limitation''
and inserting ``Limitations'';
(B) by striking ``With regard to clauses (vi) and (vii) of
paragraph (2)(B),'' and inserting the following:
``(A) Disclosure of certain identifying information.--With
regard to subparagraphs (A)(iv) and (D)(iii) of paragraph
(2),'';
(C) by striking the period at the end and inserting ``;
and''; and
(D) by adding at the end the following:
``(B) Public access to court proceedings.--Nothing in
paragraph (2) shall be construed to limit the State's
flexibility to determine State policies relating to public
access to court proceedings to determine child abuse and
neglect, except that such policies shall, at a minimum,
ensure the safety and well-being of the child, parents, and
families.''.
(4) Definitions.--Paragraph (4) of section 106(b) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b))
is amended--
(A) in the paragraph heading, by striking ``Definitions''
and inserting ``Definition'';
(B) by striking ``this subsection'' and all that follows
through ``means an act'' and inserting the following: ``this
subsection, the term `near fatality' means an act'';
(C) by striking ``; and'' and inserting a period; and
(D) by striking subparagraph (B).
(c) Citizen Review Panels.--Section 106(c) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(c)) is
amended--
(1) in paragraph (1)(B), by striking ``Exceptions.'' and
all that follows through ``A State may'' and inserting
``Exception.--A State may'';
(2) in paragraph (4)(A)--
(A) in the matter preceding clause (i), by striking ``and
where appropriate, specific cases,''; and
(B) in clause (iii)(I), by striking ``foster care and
adoption programs'' and inserting ``foster care, prevention,
and permanency programs''; and
[[Page S6124]]
(3) by amending the first sentence of paragraph (6) to read
as follows: ``Each panel established under paragraph (1)
shall prepare and make available to the State and the public,
on an annual basis, a report containing a summary of the
activities of the panel, the criteria used for determining
which activities the panel engaged in, and recommendations or
observations to improve the child protective services system
at the State and local levels, and the data upon which these
recommendations or observations are based.''.
(d) Annual State Data Reports.--Section 106(d) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is
amended--
(1) by amending paragraph (13) to read as follows:
``(13) The annual report containing the summary of the
activities and recommendations of the citizen review panels
of the State required by subsection (c)(6), and the actions
taken by the State as a result of such recommendations.'';
(2) in paragraph (15), by striking ``subsection
(b)(2)(B)(ii)'' and inserting ``subsection (b)(2)(D)(i)'';
(3) in paragraph (16), by striking ``subsection
(b)(2)(B)(xxi)'' and inserting ``subsection
(b)(2)(D)(viii)'';
(4) in paragraph (17), by striking ``subsection
(b)(2)(B)(xxiv)'' and inserting ``subsection (b)(2)(A)(xv)'';
(5) in paragraph (18)--
(A) in subparagraph (A), by striking ``subsection
(b)(2)(B)(ii)'' and inserting ``subsection (b)(2)(D)(i)'';
(B) in subparagraph (B), by striking ``subsection
(b)(2)(B)(iii)'' and inserting ``subsection (b)(2)(D)(ii)'';
and
(C) in subparagraph (C), by striking ``subsection
(b)(2)(B)(iii)'' and inserting ``subsection (b)(2)(D)(ii)'';
and
(6) by adding at the end the following:
``(19) The number of child fatalities and near fatalities
from maltreatment and related information in accordance with
the uniform standards established under section 103(d).''.
(e) Allotments.--Section 106(f) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(f)) is amended
by adding at the end the following:
``(6) Limitation.--For any fiscal year for which the amount
allotted to a State or territory under this subsection
exceeds the amount allotted to the State or territory under
such subsection for fiscal year 2019, the State or territory
may use not more than 2 percent of such excess amount for
administrative expenses.''.
SEC. 107. MISCELLANEOUS REQUIREMENTS.
Section 108 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5106d) is amended--
(1) in subsection (b), by inserting ``Indian tribes, and
tribal organizations,'' after ``States,'';
(2) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Protecting Against Systemic Child Sexual Abuse.--
``(1) Reporting and task force.--Not later than 24 months
after the date of the enactment of the Human Services and
Community Supports Act, each State task force established
under section 107(c) and expanded as described in paragraph
(2) shall study and make recommendations on the following,
with a focus on preventing systemic child sexual abuse:
``(A) How to detect systemic child sexual abuse that occurs
in an organization.
``(B) How to prevent child sexual abuse and systemic child
sexual abuse from occurring in organizations, which shall
include recommendations to improve--
``(i) practices and policies for the education of parents,
caregivers, and victims, and age appropriate education of
children, about risk factors or signs of potential child
sexual abuse; and
``(ii) the efficacy of applicable State laws and the role
such laws play in deterring or preventing incidences of child
sexual abuse.
``(C) The feasibility of making available the disposition
of a perpetrator within an organization to--
``(i) the child alleging sexual abuse or the child's
family; or
``(ii) an adult who was a child at the time of the sexual
abuse claim in question or the adult's family.
``(2) Task force composition.--For purposes of this
subsection, a State task force shall include--
``(A) the members of the State task force described in
section 107(c) for the State; and
``(B) the following:
``(i) Family court judges.
``(ii) Individuals from religious organizations.
``(iii) Individuals from youth-serving organizations,
including youth athletics organizations.
``(3) Reporting on recommendations.--Not later than 6
months after a State task force makes recommendations under
paragraph (1), the State maintaining such State task force
shall--
``(A) make public the recommendations of such report;
``(B) report to the Secretary on the status of adopting
such recommendations; and
``(C) in a case in which the State declines to adopt a
particular recommendation, make public the explanation for
such declination.
``(4) Definitions.--For purposes of this subsection--
``(A) the terms `child sexual abuse' and `sexual abuse'
shall not be limited to an act or a failure to act on the
part of a parent or caretaker;
``(B) the term `organization' means any entity that serves
children; and
``(C) the term `systemic child sexual abuse' means--
``(i) a pattern of informal or formal policy or de facto
policy to not follow State and local requirements to report
instances of child sexual abuse in violation of State and
local mandatory reporting laws or policy; or
``(ii) a pattern of assisting individual perpetrators in
maintaining their careers despite substantiated evidence of
child sexual abuse.''.
SEC. 108. REPORTS.
(a) Scaling Evidence-based Treatment of Child Abuse and
Neglect.--Section 110 of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106f) is amended to read as
follows:
``SEC. 110. STUDY AND REPORT RELATING TO SCALING EVIDENCE-
BASED TREATMENT OF CHILD ABUSE AND NEGLECT;
STUDY AND REPORT ON MARITAL AGE OF CONSENT;
STUDY AND REPORT ON STATE MANDATORY REPORTING
LAWS.
``(a) In General.--The Secretary shall conduct a study that
examines challenges to, and best practices for, the
scalability of treatments that reduce the trauma resulting
from child abuse and neglect and reduce the risk of
revictimization, such as those allowable under sections 105
and 106.
``(b) Content of Study.--The study described in subsection
(a) shall be completed in a manner that considers the
variability among treatment programs and among populations
vulnerable to child abuse and neglect. The study shall
include, at minimum:
``(1) A detailed synthesis of the existing research
literature examining barriers and challenges to, and best
practices for the scalability of child welfare programs and
services as well as programs and services for vulnerable
children and families in related fields, including healthcare
and education.
``(2) Data describing state and local providers'
experiences with scaling treatments that reduce the trauma
resulting from child abuse and neglect and reduce the risk of
revictimization.
``(3) Consultation with experts in child welfare,
healthcare, and education.
``(c) Report.--Not later than 3 years after the date of the
enactment of the Human Services and Community Supports Act,
the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Education and Labor of the House of
Representatives a report that contains the results of the
study conducted under subsection (a), including
recommendations for best practices for scaling treatments
that reduce the trauma resulting from child abuse and neglect
and reduce the risk of revictimization.
``(d) Study and Report on Marital Age of Consent.--
``(1) Study.--The Secretary shall study, with respect to
each State--
``(A) the State law regarding the minimum marriage age; and
``(B) the prevalence of marriage involving a child who is
under the age of such minimum marriage age.
``(2) Factors.--The study required under paragraph (1)
shall include an examination of--
``(A) the extent to which any statutory exceptions to the
minimum marriage age in such laws contribute to the
prevalence of marriage involving a child described in
paragraph (1)(B);
``(B) whether such exceptions allow such a child to be
married without the consent of such child; and
``(C) the impact of such exceptions on the safety of such
children.
``(3) Report.--Not later than 1 year after the date of
enactment of the Human Services and Community Supports Act,
the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Education and Labor of the House of
Representatives a report containing the findings of the study
required by this subsection, including any best practices.
``(e) Study and Report on State Mandatory Reporting Laws.--
``(1) Study.--The Secretary shall collect information on
and otherwise study State laws for mandatory reporting of
incidents of child abuse or neglect. Such study shall examine
trends in referrals and investigations of child abuse and
neglect due to differences in such State laws with respect to
the inclusion, as mandatory reporters, of the following
individuals:
``(A) Individuals licensed or certified to practice in any
health-related field licensed by the State, employees of
health care facilities or providers licensed by the State,
who are engaged in the admission, examination, care or
treatment of individuals, including mental health and
emergency medical service providers.
``(B) Individuals employed by a school who have direct
contact with children, including teachers, administrators,
and independent contractors.
``(C) Peace officers and law enforcement personnel.
``(D) Clergy, including Christian Science practitioners,
except where prohibited on account of clergy-penitent
privilege.
[[Page S6125]]
``(E) Day care and child care operators and employees.
``(F) Employees of social services agencies who have direct
contact with children in the course of employment.
``(G) Foster parents.
``(H) Court appointed special advocates (employees and
volunteers).
``(I) Camp and after-school employees.
``(J) An individual, paid or unpaid, who, on the basis of
the individual's role as an integral part of a regularly
scheduled program, activity, or service, accepts
responsibility for a child.
``(2) Report.--Not later than 4 years after the date of
enactment of the Human Services and Community Supports Act,
the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Education and Labor of the House of
Representatives a report containing the findings of the study
required by this subsection, including any best practices
related to the inclusion, as mandatory reporters, of
individuals described in paragraph (1).''.
(b) Report on Child Abuse and Neglect in Indian Tribal
Communities.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Comptroller General, in
consultation with the Indian tribes from each of the 12
regions of the Bureau of Indian Affairs, shall study child
abuse and neglect in Indian Tribal communities for the
purpose of identifying vital information and making
recommendations concerning issues relating to child abuse and
neglect in such communities, and submit to the Committee on
Health, Education, Labor, and Pensions and the Committee on
Indian Affairs of the Senate and the Committee on Education
and Labor and the Committee on Natural Resources of the House
of Representatives a report on such study, which shall
include--
(A) the number of Indian tribes providing primary child
abuse and neglect prevention activities;
(B) the number of Indian tribes providing secondary child
abuse and neglect prevention activities;
(C) promising practices of Indian tribes with respect to
child abuse and neglect prevention that are culturally-based
or culturally-adapted;
(D) information and recommendations on how such culturally-
based or culturally-adapted child abuse and neglect
prevention activities could become evidence-based;
(E) the number of Indian tribes that have accessed Federal
child abuse and neglect prevention programs;
(F) child abuse and neglect prevention activities that
Indian tribes provide using State funds;
(G) child abuse and neglect prevention activities that
Indian tribes provide using Tribal funds;
(H) Tribal access to State children's trust fund resources,
as described in section 202 of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5116a);
(I) how a children's trust fund model could be used to
support prevention efforts regarding child abuse and neglect
of American Indian and Alaska Native children;
(J) Federal agency technical assistance efforts to address
child abuse and neglect prevention and treatment of American
Indian and Alaska Native children;
(K) Federal agency cross-system collaboration to address
child abuse and neglect prevention and treatment of American
Indian and Alaska Native children;
(L) Tribal access to child abuse and neglect prevention
research and demonstration grants under the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5101 et seq.); and
(M) an examination of child abuse and neglect data systems
to identify what Tribal data is being submitted, barriers to
submitting data, and recommendations on improving the
collection of data from Indian Tribes.
(2) Definitions.--In this subsection--
(A) the term ``Alaska Native'' has the meaning given the
term in section 111 of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106g); and
(B) the terms ``child abuse and neglect'' and ``Indian
tribe'' have the meaning given the terms in section 3 of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5101
note).
SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
Section 112(a) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106h(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``to carry out'' through ``fiscal year
2010'' and inserting ``to carry out this title $270,000,000
for fiscal year 2021''; and
(B) by striking ``2011 through 2015'' and inserting ``2022
through 2026''; and
(2) by striking paragraph (2)(A) and inserting the
following:
``(A) In general.--Of the amounts appropriated for a fiscal
year under paragraph (1), the Secretary shall make available
30 percent of such amounts, or $100,000,000, whichever is
less, to fund discretionary activities under this title.''.
SEC. 110. MONITORING AND OVERSIGHT.
Section 114(1) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5108(1)) is amended--
(1) in each of subparagraphs (A) and (B), by striking
``and'' at the end; and
(2) by adding at the end the following:
``(C) include written guidance and technical assistance to
support States, which shall include guidance on the
requirements of this Act with respect to infants born with
and identified as being affected by substance use or
withdrawal symptoms, Neonatal Abstinence Syndrome, or Fetal
Alcohol Spectrum Disorder, as described in clauses (i) and
(ii) of section 106(b)(2)(D), including by--
``(i) enhancing States' understanding of requirements and
flexibilities under the law, including by clarifying key
terms;
``(ii) addressing State-identified challenges with
developing, implementing, and monitoring plans of safe care;
and
``(iii) disseminating best practices on implementation of
plans of safe care, on such topics as differential response,
collaboration and coordination, and identification and
delivery of services for different populations, while
recognizing needs of different populations and varying
community approaches across States; and
``(D) include the submission of a 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 not later than 1 year after the date of the
enactment of this Act that contains a description of the
activities taken by the Secretary to comply with the
requirements of subparagraph (C); and''.
SEC. 111. ELECTRONIC INTERSTATE DATA EXCHANGE SYSTEM.
Title I of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5101 et seq.) is amended by adding at the end the
following:
``SEC. 115. ELECTRONIC INTERSTATE DATA EXCHANGE SYSTEM.
``(a) Interstate Data Exchange System.--
``(1) In general.--The Secretary of Health and Human
Services shall consider the recommendations included in the
reports required under paragraph (8)(A) and subsection (b)(2)
in developing an electronic interstate data exchange system
that allows State entities responsible under State law for
maintaining child abuse and neglect registries to communicate
information across State lines.
``(2) Standards.--In developing the electronic interstate
data exchange system under paragraph (1), the Secretary
shall--
``(A) use interoperable standards developed and maintained
by intergovernmental partnerships, such as the National
Information Exchange Model;
``(B) develop policies and governance standards that--
``(i) ensure consistency in types of information shared and
not shared; and
``(ii) specify circumstances under which data should be
shared through the interstate data exchange system; and
``(C) ensure that all standards and policies adhere to the
privacy, security, and civil rights laws of each State and
Federal law.
``(3) Limitation on use of electronic interstate data
exchange system.--The electronic interstate data exchange
system may only be used for purposes relating to child
safety.
``(4) Pilot program.--
``(A) Implementation.--Not later than 6 months after the
date of the enactment of this section, the Secretary of
Health and Human Services shall begin implementation of a
pilot program to generate recommendations for the full
integration of the electronic interstate data exchange
system. Such pilot program shall include not less than 10
States and not more than 15 States.
``(B) Completion.--Not later than 30 months after the date
of the enactment of this section, the Secretary of Health and
Human Services shall complete the pilot program described in
subparagraph (A).
``(5) Integration.--The Secretary of Health and Human
Services may assist States in the integration of this system
into the infrastructure of each State using funds
appropriated under this subsection.
``(6) Participation.--As a condition on eligibility for
receipt of funds under section 106, each State shall--
``(A) participate in the electronic interstate data
exchange system to the fullest extent possible in accordance
with State law (as determined by the Secretary of Health and
Human Services) not later than December 31, 2027; and
``(B) prior to the participation described in subparagraph
(A), provide to the Secretary of Health and Human Services an
assurance that the child abuse and neglect registry of such
State provides procedural due process protections with
respect to including individuals on such registry.
``(7) Prohibition.--The Secretary of Health and Human
Services may not access or store data from the electronic
interstate data exchange system, unless the State to which
such data pertains voluntarily shares such data with the
Secretary of Health and Human Services.
``(8) Reports.--The Secretary of Health and Human Services
shall prepare and submit to Congress--
``(A) not later than 3 years after the date of the
enactment of this section, a report on the recommendations
from the pilot program described in paragraph (4); and
``(B) not later than January 31, 2025, a report on the
progress made in implementing this subsection.
``(9) Authorization of appropriations.--Of the funds
appropriated under section 112 for a fiscal year--
``(A) for each of fiscal years 2021 and 2022, $2,000,000
shall be reserved to carry out this section; and
``(B) for each of fiscal years 2023 through 2026,
$1,000,000 shall be reserved to carry out this section.
``(b) Working Group.--
[[Page S6126]]
``(1) In general.-- Not later than 60 days after the date
of the enactment of this section, the Secretary of Health and
Human Services shall convene a working group to study and
make recommendations on the following:
``(A) The feasibility of making publicly available on the
website of each State definitions and standards of
substantiated child abuse and neglect for the State.
``(B) Whether background check requirements under this Act,
the Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858 et seq.), and part E of title IV of the Social
Security Act (42 U.S.C. 670 et seq.) are complementary or if
there are discrepancies that need to be addressed.
``(C) How to improve communication between and across
States, including through the use of technology and the use
of the electronic interstate data exchange system established
under subsection (a), to allow for more accurate and
efficient exchange of child abuse and neglect records.
``(D) How to reduce barriers and establish best practices
for the State to provide timely responses to requests from
other States for information contained in the State's child
abuse and neglect registry through the electronic interstate
data exchange system established under subsection (a).
``(E) How to ensure due process for any individual included
in a State's child abuse and neglect registry, including the
following:
``(i) The level of evidence necessary for inclusion in the
State's child abuse and neglect registry.
``(ii) The process for notifying such individual of
inclusion in the State's child abuse and neglect registry and
the implications of such inclusion.
``(iii) The process for providing such individual the
opportunity to challenge such inclusion, and the procedures
for resolving such challenge.
``(iv) The length of time an individual's record is to
remain in the State's child abuse and neglect registry, and
the process for removing such individual's record.
``(v) The criteria for when such individual's child abuse
and neglect registry record may be--
``(I) made accessible to the general public;
``(II) made available for purposes of an employment check;
and
``(III) be shared for the purposes of participation in the
electronic interstate data exchange system described in
subsection (a).
``(2) Report.--Not later than 18 months after the date of
the enactment of this section, the working group convened
under paragraph (1) shall submit a report containing its
recommendations to the Secretary of Health and Human
Services, the Committee on Health, Education, Labor, and
Pensions of the Senate, and the Committee on Education and
Labor of the House of Representatives.
``(3) Construction.--There shall be no requirement for any
State to adopt the recommendations of the working group, nor
shall the Secretary of Health and Human Services incentivize
or coerce any State to adopt any such recommendation.''.
SEC. 112. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Technical Amendments.-- The Child Abuse Prevention and
Treatment Act (42 U.S.C. 5101 et seq.), as amended by the
preceding provisions of this title, is further amended--
(1) by striking ``Committee on Education and the
Workforce'' each place it appears and inserting ``Committee
on Education and Labor'';
(2) in section 103(c)(1)(F), by striking ``abused and
neglected children'' and inserting ``victims of child abuse
or neglect''; and
(3) in section 107(f), by striking ``(42 U.S.C. 10603a)''
and inserting ``(34 U.S.C. 20104)''.
(b) Conforming Amendments.--
(1) Section 103.--Section 103(b)(5) (42 U.S.C. 5104(b)(5))
is amended by striking ``section 106(b)(2)(B)(iii)'' and
inserting ``section 106(b)(2)(D)(ii)''.
(2) Section 105.--Section 105(a)(11) (42 U.S.C. 5106(a)(11)
(as redesignated by section 105(1)(A) of this title) is
amended--
(A) in subparagraph (A), by striking ``section
106(b)(2)(B)(iii)'' and inserting ``section
106(b)(2)(D)(ii)'';
(B) in subparagraph (C)--
(i) in clause (i)(II), by striking ``section
106(b)(2)(B)(iii)'' and inserting ``section
106(b)(2)(D)(ii)'';
(ii) in clause (i)(IV), by striking ``section
106(b)(2)(B)(iii)(II)'' and inserting ``section
106(b)(2)(D)(ii)(II)''; and
(iii) in clause (ii), by striking ``clauses (ii) and (iii)
of section 106(b)(2)(B)'' and inserting ``clauses (i) and
(ii) of section 106(b)(2)(D)'';
(C) in subparagraph (D)--
(i) in clause (i)(I), by striking ``section
106(b)(2)(B)(iii)(I)'' and inserting ``section
106(b)(2)(D)(ii)(I)'';
(ii) in clause (ii)(I), by striking ``section
106(b)(2)(B)(ii)'' and inserting ``section 106(b)(2)(D)(i)'';
(iii) in clause (ii)(II), by striking ``section
106(b)(2)(B)(iii)'' and inserting ``section
106(b)(2)(D)(ii)(I)'';
(iv) in clause (iii)(I), by striking ``section
106(b)(2)(B)(i)'' and inserting ``section 106(b)(2)(A)(i)'';
(v) in clause (iii)(IV), by striking ``section
106(b)(2)(B)(iii)'' and inserting ``section
106(b)(2)(D)(ii)''; and
(vi) in clause (v), by striking ``section
106(b)(2)(B)(iii)'' and inserting ``section
106(b)(2)(D)(ii)'';
(D) in subparagraph (E), by striking ``section
106(b)(2)(B)(ii)'' and inserting ``section 106(b)(2)(D)(i)'';
and
(E) in subparagraph (G)(ii), by striking ``clauses (ii) and
(iii) of section 106(b)(2)(B)'' and inserting ``clauses (i)
and (ii) of section 106(b)(2)(D)''.
(3) Section 114.--Section 114(1)(B) (42 U.S.C. 5108(1)(B))
is amended by striking ``clauses (ii) and (iii) of section
106(b)(2)(B)'' and inserting ``clauses (i) and (ii) of
section 106(b)(2)(D)''.
(4) Table of contents.--The table of contents in section
1(b) of the Child Abuse Prevention and Treatment Act is
amended--
(A) by striking the items relating to sections 2 and 102;
(B) by inserting after the item relating to section 114 the
following:
``Sec. 115. Electronic interstate data exchange system.''; and
(C) by striking the item relating to section 110, and
inserting the following:
``Sec. 110. Study and report relating to scaling evidence-based
treatment of child abuse and neglect; study and report on
marital age of consent; study and report on State
mandatory reporting laws.''.
Subtitle B--Community-based Grants for the Prevention of Child Abuse
and Neglect
SEC. 121. PURPOSE AND AUTHORITY.
Section 201 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116) is amended to read as follows:
``SEC. 201. PURPOSE AND AUTHORITY.
``(a) Purpose.--It is the purpose of this title--
``(1) to support community-based efforts to develop,
operate, expand, enhance, evaluate, and coordinate
initiatives, programs, and activities to strengthen families
and prevent child abuse and neglect;
``(2) to support the development of a State strategy to
address unmet need and the coordination of State, regional,
and local resources and activities to better strengthen and
support families to reduce the likelihood of child abuse and
neglect; and
``(3) to support local programs in increasing the ability
of diverse populations with demonstrated need, including low-
income families, racial and ethnic minorities, families with
children or caregivers with disabilities, underserved
communities, and rural communities, to access a continuum of
preventive services that strengthen families in order to more
effectively prevent child abuse and neglect.
``(b) Authority.--The Secretary shall make grants under
this title on a formula basis to the entity designated by the
State as the lead entity (referred to in this title as the
`lead entity') under section 202(1) for the following
purposes--
``(1) supporting local programs in providing community-
based family strengthening services designed to prevent child
abuse and neglect that help families build protective factors
linked to the prevention of child abuse and neglect, such as
knowledge of parenting and child development, parental
resilience, social connections, time-limited and need-based
concrete support, and social and emotional development of
children, that--
``(A) are effective, culturally appropriate, and accessible
to diverse populations with demonstrated need;
``(B) build upon existing strengths;
``(C) offer assistance to families;
``(D) provide early, comprehensive support for parents;
``(E) promote the development of healthy familial
relationships and parenting skills, especially in young
parents and parents with very young children;
``(F) increase family stability;
``(G) improve family access to other formal and informal
community-based resources, such as providing referrals to
early health and developmental services, mental health
services, and time-limited and need-based concrete supports,
including for homeless families and those at-risk of
homelessness;
``(H) support the additional needs of families with
children or caregivers with disabilities through respite care
and other services; and
``(I) demonstrate a commitment to the continued leadership
of parents in the planning, program implementation, and
evaluation of the lead entity and local programs funded under
this title, including involvement of parents of children with
disabilities, parents who are individuals with disabilities,
racial and ethnic minorities, and members of other
underrepresented or underserved groups;
``(2) promoting the development of a continuum of
preventive services that strengthen families and promote
child, parent, family, and community well-being, through the
development of State and local networks, including
collaboration and coordination between local programs and
public agencies and private entities that utilize culturally
responsive providers;
``(3) financing the start-up, maintenance, expansion, or
redesign of core services described in section 205(b)(3)
where communities have identified and decided to address
unmet need identified in the inventory described in section
204(3), to the extent practicable given funding levels and
community priorities;
``(4) maximizing funding through leveraging Federal, State,
local, and private funds to carry out the purposes of the
title;
``(5) financing public information activities, which may
include activities to increase public awareness and
education, and
[[Page S6127]]
developing comprehensive outreach strategies to engage
diverse populations with demonstrated need, that focus on the
healthy and positive development of parents and children; and
``(6) to the extent practicable--
``(A) promoting the development, enhancement, expansion,
and implementation of a statewide strategy to address the
unmet need identified in the inventory described in section
204(3), with input from relevant stakeholders, to scale
evidence-based and evidence-informed community-based family
strengthening services designed to prevent child abuse and
neglect; and
``(B) addressing and supporting the capacity of local
programs to strengthen families and prevent child abuse and
neglect through technical assistance, professional
development, and collaboration between local programs.''.
SEC. 122. ELIGIBILITY.
Section 202 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116a) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``, taking into
consideration the capacity and expertise of eligible
entities,'' after ``State'';
(B) in subparagraph (B), by striking ``parents who are''
and all that follows and inserting ``parents who are or who
have been consumers of preventive supports and who can
provide leadership in the planning, implementation, and
evaluation of programs and policy decisions of the lead
entity in accomplishing the desired outcomes of such efforts;
and'';
(C) in subparagraph (C)--
(i) by inserting ``local,'' after ``State,''; and
(ii) by striking ``and'' at the end; and
(D) by striking subparagraph (D);
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``composed of'' and
all that follows through the semicolon at the end and
inserting ``carried out by local, collaborative, public-
private partnerships;''; and
(B) in subparagraph (C)--
(i) by inserting ``local,'' after ``State,''; and
(ii) by striking ``and'' at the end;
(3) in paragraph (3)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) has demonstrated commitment to the continued
leadership of parents in the development, operation,
evaluation, and oversight of State and local efforts to
support community-based family strengthening services
designed to prevent child abuse and neglect;'';
(B) in subparagraph (B), by striking ``community-based and
prevention-focused programs and activities designed to
strengthen and support families'' and inserting ``community-
based family strengthening services designed'';
(C) in subparagraph (C)--
(i) by striking ``community-based and prevention-focused
programs and activities designed to strengthen and support
families to prevent child abuse and neglect'' and inserting
``local programs''; and
(ii) by striking ``and'' at the end; and
(D) by striking subparagraph (D) and inserting the
following:
``(D) will integrate efforts with individuals and
organizations experienced in working in partnership with
families with children with disabilities or parents with
disabilities, diverse populations with demonstrated need,
sexual and gender minority youth, victims of domestic
violence, and with the child abuse and neglect prevention
activities in the State, and demonstrate a financial
commitment to those activities; and
``(E) will take into consideration access for diverse
populations and unmet need when distributing funds to local
programs under section 205; and''; and
(4) by adding at the end the following:
``(4) the Governor of the State provides an assurance that,
in issuing regulations in consultation with the lead entity
to improve the delivery of community-based family
strengthening services designed to promote child, family, and
community well-being, and to prevent child abuse and neglect,
the State will--
``(A) take into account how such regulations will impact
activities funded under this Act; and
``(B) where appropriate, attempt to avoid duplication of
efforts, minimize costs of compliance with such regulations,
and maximize local flexibility with respect to such
regulations.''.
SEC. 123. AMOUNT OF GRANT.
Section 203 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116b) is amended--
(1) by adding at the end of subsection (a) the following:
``For any fiscal year for which the amount appropriated under
section 210(a) exceeds the amount appropriated under such
section for fiscal year 2019 by more than $2,000,000, the
Secretary shall increase the reservation described in this
subsection to 5 percent of the amount appropriated under
section 210(a) for the fiscal year for the purpose described
in the preceding sentence.'';
(2) in subsection (b)(1)(A), by striking ``$175,000'' and
inserting ``$200,000''; and
(3) by adding at the end the following:
``(d) Limitation.--For any fiscal year for which the amount
allotted to a State under subsection (b) exceeds the amount
allotted to the State under such subsection for fiscal year
2019, the State's lead entity may use not more than 10
percent of such excess amount for administrative expenses.''.
SEC. 124. APPLICATION.
Section 204 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116d) is amended to read as follows:
``SEC. 204. APPLICATION.
``A grant may not be made to a State under this title
unless an application therefore is submitted by the lead
entity to the Secretary and such application contains the
types of information specified by the Secretary as essential
to carrying out the provisions of section 202, including--
``(1) a description of the lead entity that will be
responsible for the administration of funds provided under
this title and the oversight of community-based family
strengthening services designed to prevent child abuse and
neglect that receive assistance from the lead entity in
accordance with section 205;
``(2) a description of how community-based family
strengthening services designed to prevent child abuse and
neglect supported by the lead entity will operate, including
how local programs that receive assistance from the lead
entity and public agencies and private entities that promote
child, parent, family, and community well-being will be
integrated into a developing continuum of family centered,
holistic, preventive services for children and families;
``(3) a description of the inventory of current unmet need
and current community-based family strengthening services
designed to prevent child abuse and neglect, and other family
resource services operating in the State, including a
description of how the lead entity plans to address unmet
need in underserved areas;
``(4) a budget for the development, operation, and
expansion of the community-based family strengthening
services designed to prevent child abuse and neglect that
verifies that the State will expend in non-Federal funds an
amount equal to not less than 20 percent of the amount
received under this title (in cash, not in-kind) for
activities under this title;
``(5) an assurance that funds received under this title
will supplement, not supplant, other State and local public
funds designated for the start-up, maintenance, expansion,
and redesign of community-based family strengthening services
designed to prevent child abuse and neglect;
``(6) a description of the lead entity's capacity and
commitment to ensure the continued leadership of parents who
are or have been consumers of preventive supports, including
parents of diverse populations with demonstrated need, family
advocates, and adult former victims of child abuse or
neglect, in the planning, implementation, and evaluation of
the programs and policy decisions of the lead entity in
accomplishing the desired outcomes for such efforts;
``(7) a description of the criteria that the lead entity
will use to identify communities in which to provide
services, and select and fund local programs in accordance
with section 205, including how the lead entity will take
into consideration the local program's ability to--
``(A) collaborate with other community-based organizations
and service providers and engage in long-term and strategic
planning to support the development of a continuum of
preventive services that strengthen families;
``(B) meaningfully partner with parents in the development,
implementation, and evaluation of services;
``(C) reduce barriers to access to community-based family
strengthening services designed to prevent child abuse and
neglect, including for diverse populations with demonstrated
need; and
``(D) incorporate evidence-based or evidence-informed
practices, to the extent practicable;
``(8) a description of outreach activities that the lead
entity and local programs will undertake to maximize the
participation of low-income families, racial and ethnic
minorities, children and adults with disabilities, sexual and
gender minority youth, victims of domestic violence, homeless
families and those at risk of homelessness, families
experiencing complex needs, and members of other underserved
or underrepresented groups;
``(9) a plan for providing operational support, training,
and technical assistance to local programs, which may include
coordination with public agencies and private entities that
promote child, parent, and family well-being to support
increased access to a continuum of preventive services that
strengthen and support families to prevent child abuse and
neglect;
``(10) a description of how the performance of the lead
entity and local programs will be measured in accordance with
section 206;
``(11) a description of the actions that the lead entity
will take to inform systemic changes in State policies,
practices, procedures, and regulations to improve the
delivery of community-based family strengthening services
designed to prevent child abuse and neglect, including
improved access for diverse populations with demonstrated
need; and
``(12) an assurance that the lead entity will provide the
Secretary with reports at such time and containing such
information as the Secretary may require.''.
SEC. 125. LOCAL PROGRAM REQUIREMENTS.
Section 205 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116e) is amended to read as follows:
[[Page S6128]]
``SEC. 205. LOCAL PROGRAM REQUIREMENTS.
``(a) In General.--Grants or contracts made by the lead
entity under this title shall be used to develop, implement,
operate, expand, and enhance community-based family
strengthening services through a continuum of preventive
services to strengthen families and prevent child abuse and
neglect in a manner that--
``(1) helps families build protective factors that are
linked to the prevention of child abuse and neglect to
support child and family well-being, including knowledge of
parenting and child development, parental resilience, social
connections, time-limited and need-based concrete support,
and social and emotional development of children;
``(2) takes into consideration the assets and needs of
communities in which they are located; and
``(3) promotes coordination between local programs and
public agencies and private entities that promote child,
parent, and family well-being.
``(b) Local Uses of Funds.--Grant funds from the lead
entity shall be used to develop, implement, operate, expand,
and enhance community-based family strengthening services
designed to prevent child abuse and neglect, which may
include the following:
``(1) assessing community assets and needs through a
planning process that--
``(A) involves other community-based organizations or
agencies that have already performed a needs-assessment,
where possible;
``(B) includes the meaningful involvement of parents; and
``(C) uses information and expertise from local public
agencies, local nonprofit organizations, and private sector
representatives in meaningful roles;
``(2) developing a comprehensive strategy to provide a
continuum of preventive, family-centered services to children
and families that strengthen and support families to prevent
child abuse and neglect, especially to young parents, to
parents with young children, to families in hard-to-reach
areas, and to parents who are adult former victims of
domestic violence or child abuse or neglect, through public-
private partnerships;
``(3)(A) providing for core child abuse and neglect
prevention services, which may be provided directly by the
local recipient of the grant funds or through grants or
agreements with other local agencies, such as--
``(i) parenting support and education programs, including
services that help parents and other caregivers support
children's development;
``(ii) mutual support and self help programs for parents
and children;
``(iii) parent leadership skills development programs that
support parents as leaders in their families and communities;
``(ii) respite care services;
``(iii) outreach and follow-up services, which may include
voluntary home visiting services; and
``(iv) community and social service referrals; and
``(B) connecting individuals and families to additional
services, including--
``(i) referral to and counseling for adoption services for
individuals interested in adopting a child or relinquishing
their child for adoption;
``(ii) child care, early childhood care and education, such
as Head Start and Early Head Start under the Head Start Act
(42 U.S.C. 9831 et seq.), and early intervention services,
including early intervention services for infants and
toddlers with disabilities eligible for such services as
defined in section 632 of the Individuals with Disabilities
Education Act (20 U.S.C. 1432);
``(iii) referral to services and supports to meet the
additional needs of families with children with disabilities
and parents who are individuals with disabilities;
``(iv) nutrition programs, which may include the special
supplemental nutrition programs for women, infants, and
children established by section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786) and the supplemental nutrition
assistance program under the Food and Nutrition Act of 2008
(7 U.S.C. 2011 et seq.);
``(v) referral to educational services and workforce
development activities, such as activities described in
section 134 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3174), adult education, including literacy and
academic tutoring, and activities as described in section 203
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3272);
``(vi) self-sufficiency and life management skills
training;
``(vii) community referral services, including early
developmental screening of children and mental health
services;
``(viii) peer counseling; and
``(ix) domestic violence service programs that provide
services and treatment to children and their non-abusing
caregivers;
``(4) developing and maintaining leadership roles for the
meaningful involvement of parents in the development,
operation, evaluation, and oversight of the programs and
services, including to promote access to such programs and
services in spaces familiar to families;
``(5) providing leadership in mobilizing local public and
private resources to support the provision of needed child
abuse and neglect prevention program services; and
``(6) coordinating with public agencies and private
entities that promote child, parent, and family well-being,
including through the development of State and local networks
of programs and activities to develop a continuum of
preventive services to strengthen families and to prevent
child abuse and neglect, where appropriate.
``(b) Priority.--In awarding local grants under this title,
a lead entity shall give priority to effective local programs
serving low-income communities and those serving young
parents or parents with young children, including community-
based child abuse and neglect prevention programs.''.
SEC. 126. PERFORMANCE MEASURES.
Section 206 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116f) is amended to read as follows:
``SEC. 206. PERFORMANCE MEASURES.
``A State receiving a grant under this title, through
reports provided to the Secretary--
``(1) shall demonstrate the effective development,
operation, and expansion of community-based family
strengthening services designed to prevent child abuse and
neglect that meets the requirements of this title;
``(2) shall supply an inventory and description of the
services provided to families by local programs that meet
identified community needs, including core and additional
services as described in section 205, which description shall
specify whether those services are evidence-based or
evidence-informed, and which may include a description of
barriers and challenges, if any, to implementing evidence-
based or evidence-informed services;
``(3) shall demonstrate that the lead entity addressed
unmet need identified by the inventory and description of
current services required under section 204(3) including, to
the extent practicable, how the lead entity utilized a
statewide strategy to address such unmet need;
``(4) shall describe the number of families served,
including families with children with disabilities, and
parents with disabilities, and demonstrate the involvement of
a diverse representation of families in the design,
operation, and evaluation of community-based family
strengthening services designed to prevent child abuse and
neglect, and in the design, operation and evaluation of the
networks of such community-based and prevention-focused
programs;
``(5) shall demonstrate a high level of satisfaction among
families who have participated in the community-based family
strengthening services designed to prevent child abuse and
neglect;
``(6) shall demonstrate the establishment or maintenance of
innovative funding mechanisms, at the State or local level,
that blend Federal, State, local, and private funds, and
innovative, interdisciplinary service delivery mechanisms,
for the development, operation, expansion, and enhancement of
the community-based family strengthening services designed to
prevent child abuse and neglect;
``(7) shall describe the results of evaluation, or the
outcomes of monitoring, conducted under the State program to
demonstrate the effectiveness of activities conducted under
this title in meeting the purposes of the program, including
the number of local programs funded and the number of such
programs that collaborate with outside entities; and
``(8) shall demonstrate an implementation plan to ensure
the continued leadership of parents in the on-going planning,
implementation, and evaluation of such community-based family
strengthening services designed to prevent child abuse and
neglect.''.
SEC. 127. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY
RESOURCE PROGRAMS.
Section 207 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116g) is amended--
(1) in the matter preceding paragraph (1), by striking
``such sums as may be necessary'' and inserting ``not more
than 5 percent''; and
(2) in paragraph (3), by striking ``community-based and
prevention-focused programs and activities designed to
strengthen and support families'' and inserting ``community-
based family strengthening services designed''.
SEC. 128. DEFINITIONS.
Section 208 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116h) is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (1), respectively, and transferring paragraph (1) as
redesignated to appear before paragraph (2) as redesignated;
and
(2) by striking paragraph (1) (as so redesignated) and
inserting the following:
``(1) Community-based family strengthening services.--The
term `community-based family strengthening services' includes
family resource programs, family support programs, voluntary
home visiting programs, respite care services, parenting
education, mutual support programs for parents and children,
parent partner programs, and other community programs or
networks of such programs that provide activities that are
designed to prevent child abuse and neglect.''.
SEC. 129. RULE OF CONSTRUCTION.
(a) In General.--Title II of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5116 et seq.) is amended--
(1) by redesignating section 209 as section 210; and
(2) by inserting after section 208 the following:
``SEC. 209. RULE OF CONSTRUCTION.
``Nothing in this title shall be construed to prohibit
grandparents, kinship care providers, foster parents, or
adoptive parents
[[Page S6129]]
from receiving or participating in services and programs
under this title.''.
(b) Conforming Amendment.--The table of contents in section
1(b) of the Child Abuse Prevention and Treatment Act is
amended by striking the item relating to section 209 and
inserting the following:
``Sec. 209. Rule of construction.
``Sec. 210. Authorization of appropriations.''.
SEC. 130. AUTHORIZATION OF APPROPRIATIONS.
Section 210 of the Child Abuse Prevention and Treatment
Act, as redesignated by section 129 of this title, is
amended--
(1) by striking ``There are'' and inserting the following:
``(a) In General.--There are'';
(2) by striking ``to carry out'' through ``fiscal year
2010'' and inserting ``to carry out this title $270,000,000
for fiscal year 2021'';
(3) by striking ``2011 through 2015'' and inserting ``2022
through 2026''; and
(4) by adding at the end the following:
``(b) Treatment of Non-Federal Funds in Certain Fiscal
Years.--For any fiscal year for which the amount appropriated
under subsection (a) exceeds the amount appropriated under
such subsection for fiscal year 2019, the Secretary shall
consider non-Federal funds and in-kind contributions as part
of the State contribution for the activities specified in
section 204(4).''.
SEC. 131. STUDY AND REPORT.
(a) Study Relating to New Prevention Programs.--
(1) In general.--The Comptroller General of the United
States shall complete a study, using data reported by States
to the Secretary of Health and Human Services under section
206 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116f), as amended by this title--
(A) to determine how many families and children in the
first 3 years after the date of the enactment of this Act are
served annually through programs funded under title II of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5116 et
seq.); and
(B) to compare the number of such families and children
served annually in the first 3 years after the date of the
enactment of this Act to the number of such families and
children served in fiscal year 2020.
(2) Contents.--The study required under paragraph (1) shall
include the following for each of the first 3 years after the
date of the enactment of this Act:
(A) An examination of how many families received evidence-
based programming under title II of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5116 et seq.).
(B) An examination of the extent to which local programs
conduct evaluations using funds provided under such title and
the findings of such evaluations.
(C) An examination of whether findings of effectiveness in
evaluation studies vary by urban, suburban, or rural
community type.
(D) An examination of whether programs partnering with
other entities are more effective than those that do not
partner with other entities.
(E) An examination of barriers to implement evidence-based
programming or to conduct evaluations in instances where such
activities do not occur.
(b) Report.--Not later than 4 years after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on
Education and Labor of the House of Representatives a report
that contains the results of the study conducted under
paragraph (1).
Subtitle C--Adoption Opportunities
SEC. 141. PURPOSE.
Section 201 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5111) is amended--
(1) in the section heading, by striking ``congressional
findings and declaration of purpose'' and inserting
``purpose'';
(2) by striking subsection (a); and
(3) in subsection (b)--
(A) by striking ``(b) Purpose.--'';
(B) in the matter preceding paragraph (1), by inserting
``sexual and gender minority youth'' after ``particularly
older children, minority children,''; and
(C) in paragraph (1), by inserting ``services and,'' after
``post-legal adoption''.
SEC. 142. REPORT AND GUIDANCE ON UNREGULATED CUSTODY
TRANSFERS.
The Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (42 U.S.C. 5111 et seq.) is amended by
inserting after section 201 the following:
``SEC. 202. REPORT AND GUIDANCE ON UNREGULATED CUSTODY
TRANSFERS.
``(a) Sense of Congress.--It is the sense of Congress that:
``(1) Some adopted children may be at risk of experiencing
an unregulated custody transfer because the challenges
associated with adoptions (including the child's mental
health needs and the difficulties many families face in
acquiring support services) may lead families to seek out
unregulated custody transfers.
``(2) Some adopted children experience trauma, and the
disruption and placement in another home by unregulated
custody transfer creates additional trauma and instability
for children.
``(3) Children who experience an unregulated custody
transfer may be placed with families who have not completed
required child welfare or criminal background checks or
clearances.
``(4) Social services agencies and courts are often unaware
of the placement of children through unregulated custody
transfer and therefore do not conduct assessments on the
child's safety and well-being in such placements.
``(5) Such lack of placement oversight places a child at
risk for future abuse and increases the chance that the child
may experience--
``(A) abuse or neglect;
``(B) contact with unsafe adults or youth; and
``(C) exposure to unsafe or isolated environments.
``(6) The caregivers with whom a child is placed through
unregulated custody transfer often have no legal
responsibility with respect to such child, placing the child
at risk for additional unregulated custody transfers.
``(7) Such caregivers also may not have complete records
with respect to such child, including the child's birth,
medical, or immigration records.
``(8) A child adopted through intercountry adoption may be
at risk of not acquiring United States citizenship if an
unregulated custody transfer occurs before the adoptive
parents complete all necessary steps to finalize the adoption
of such child.
``(9) Engaging in, or offering to engage in, unregulated
custody transfer places children at risk of harm.
``(b) Report to Congress.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Secretary of Health and
Human Services shall provide to the Committee on Education
and Labor of the House of Representatives, the Committee on
Ways and Means of the House of Representatives, the Committee
on Finance of the Senate, and the Committee on Health,
Education, Labor and Pensions of the Senate a report on
unregulated custody transfers of children, including of
adopted children.
``(2) Elements.--The report required under paragraph (1)
shall include--
``(A) the causes, methods, and characteristics of
unregulated custody transfers, including the use of social
media and the internet;
``(B) the effects of unregulated custody transfers on
children, including the lack of assessment of a child's
safety and well-being by social services agencies and courts
due to such unregulated custody transfer;
``(C) the prevalence of unregulated custody transfers
within each State and across all States; and
``(D) recommended policies for preventing, identifying, and
responding to unregulated custody transfers, including of
adopted children, that include--
``(i) amendments to Federal and State law to address
unregulated custody transfers;
``(ii) amendments to child protection practices to address
unregulated custody transfers; and
``(iii) methods of providing the public information
regarding adoption and child protection.
``(c) Guidance to States.--
``(1) In general.--Not later than 180 days after the date
specified in subsection (b)(1), the Secretary shall issue
guidance and technical assistance to States related to
preventing, identifying, and responding to unregulated
custody transfers, including of adopted children.
``(2) Elements.--The guidance required under paragraph (1)
shall include--
``(A) education materials related to preventing,
identifying, and responding to unregulated custody transfers
for employees of State, local, and Tribal agencies that
provide child welfare services;
``(B) guidance on appropriate pre-adoption education and
post-adoption services for domestic and international
adoptive families to promote child permanency; and
``(C) the assistance available through the National
Resource Center for Special Needs Adoption under section
203(b)(9).
``(d) Definitions.--In this section:
``(1) State.--The term `State' means each of the several
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(2) Unregulated custody transfer.--The term `unregulated
custody transfer' means the abandonment of a child, by the
child's parent, legal guardian, or a person or entity acting
on behalf, and with the consent, of such parent or guardian--
``(A) by placing a child with a person who is not--
``(i) the child's parent, step-parent, grandparent, adult
sibling, legal guardian, or other adult relative;
``(ii) a friend of the family who is an adult and with whom
the child is familiar; or
``(iii) a member of the Federally recognized Indian tribe
of which the child is also a member;
``(B) with the intent of severing the relationship between
the child and the parent or guardian of such child; and
``(C) without--
``(i) reasonably ensuring the safety of the child and
permanency of the placement of the child, including by
conducting an official home study, background check, and
supervision; and
``(ii) transferring the legal rights and responsibilities
of parenthood or guardianship under applicable Federal and
State law to a person described in subparagraph (A).''.
SEC. 143. INFORMATION AND SERVICES.
(a) National Resource Center for Special Needs Adoption.--
Section 203(b)(9) of
[[Page S6130]]
the Child Abuse Prevention and Treatment and Adoption Reform
Act of 1978 (42 U.S.C. 5113(b)(9)) is amended by inserting
``not later than 2 years after the date of the enactment of
the Human Services and Community Supports Act, establish
and'' before ``maintain''.
(b) Placement With Adoptive Families.--Section
203(b)(11)(C) of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5113(b)(11)(C)) is
amended by striking ``such children'' and inserting ``the
children and youth described in the matter preceding
paragraph (1) of section 201''.
(c) Pre-Adoption Services.--Section 203(c)(1) of the Child
Abuse Prevention and Treatment and Adoption Reform Act of
1978 (42 U.S.C. 5113(c)(1)) is amended by striking ``post''
and inserting ``pre- and post-''.
(d) Services.--Section 203(c)(2) of the Child Abuse
Prevention and Treatment and Adoption Reform Act of 1978 (42
U.S.C. 5113(c)(2)) is amended by inserting ``and the
development of such services,'' after ``not supplant,
services''.
(e) Elimination of Barriers to Adoption Across
Jurisdictional Boundaries.--Section 203(e)(1) of the Child
Abuse Prevention and Treatment and Adoption Reform Act of
1978 (42 U.S.C. 5113(e)(1)) is amended--
(1) by striking ``with, States,'' and inserting ``with
States, Indian Tribes,''; and
(2) by inserting ``, including through the use of web-based
tools such as the electronic interstate case-processing
system referred to in section 437(g) of the Social Security
Act (42 U.S.C. 629g(g))'' before the period at the end.
SEC. 144. STUDY AND REPORT ON SUCCESSFUL ADOPTIONS.
Section 204 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5114) is amended to
read as follows:
``SEC. 204. STUDY AND REPORT ON SUCCESSFUL ADOPTIONS.
``(a) Study.--The Secretary shall conduct a study (directly
or by grant to, or contract with, public or private nonprofit
research agencies or organizations) on adoption outcomes and
the factors (including parental substance use disorder)
affecting those outcomes.
``(b) Report.--Not later than the date that is 36 months
after the date of the enactment of the Human Services and
Community Supports Act the Secretary shall submit a report to
Congress that includes the results of the study required
under subsection (a).''.
SEC. 145. AUTHORIZATION OF APPROPRIATIONS.
Section 205(a) of the Child Abuse Prevention and Treatment
and Adoption Reform Act of 1978 (42 U.S.C. 5115(a)) is
amended--
(1) by striking ``fiscal year 2010'' and inserting ``fiscal
year 2021''; and
(2) by striking ``fiscal years 2011 through 2015'' and
inserting ``fiscal years 2022 through 2026''.
Subtitle D--Amendments to Other Laws
SEC. 151. TECHNICAL AND CONFORMING AMENDMENTS TO OTHER LAWS.
(a) Head Start Act.--Section 658E(c)(2)(L) of the Head
Start Act (42 U.S.C. 9858c(c)(2)(L)) is amended by striking
``will comply with the child abuse reporting requirements of
section 106(b)(2)(B)(i) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106a(b)(2)(B)(i))'' and inserting
``will comply with the child abuse reporting requirements of
section 106(b)(2)(A)(i) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106a(b)(2)(A)(i))''.
(b) Victims of Crime Act of 1984.--Section 1404A of the
Victims of Crime Act of 1984 (34 U.S.C. 20104) is amended by
striking ``section 109'' and inserting ``section 107''.
TITLE II--CHILD NUTRITION AND THE SPECIAL SUPPLEMENTAL NUTRITION
PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
SEC. 201. 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 June 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 December 31, 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 December
31, 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
[[Page S6131]]
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 June 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 December 31, 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 December
31, 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) Funding.--There are hereby appropriated to the
Secretary, out of any funds in the Treasury not otherwise
appropriated, such sum as may be necessary to carry out this
section.
(d) 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. 202. FRESH PRODUCE FOR KIDS IN NEED.
Section 2202(f)(1) of the Families First Coronavirus
Response Act (42 U.S.C. 1760 note) 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. 203. WIC BENEFIT FLEXIBILITY DURING COVID-19.
(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 on the date that is
120 days after the date of the enactment of this section.
(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 January 31, 2021.
(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 the date that is 120 days after the date of the
enactment of this section.
(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. 204. COVID-19 WIC SAFETY AND MODERNIZATION.
(a) Establishment of Task Force.--Not later than 90 days
after the date of the enactment of this section, the
Secretary shall establish a task force on supplemental foods
delivery in the special supplemental nutrition program (in
this section referred to as the ``Task Force'').
(b) Membership.--
(1) Composition.--The Task Force shall be composed of at
least 1 member but not more than 3 members appointed by the
Secretary from each of the following:
(A) Retailers of supplemental foods.
(B) Representatives of State agencies.
(C) Representatives of Indian State agencies.
(D) Representatives of local agencies.
(E) Technology companies with experience maintaining the
special supplemental nutrition program information systems
and technology, including management information systems or
electronic benefit transfer services.
[[Page S6132]]
(F) Manufacturers of supplemental foods.
(G) Participants in the special supplemental nutrition
program from diverse locations.
(H) Other organizations that have experience with and
knowledge of the special supplemental nutrition program.
(2) Limitation on membership.--The Task Force shall be
composed of not more than 20 members.
(c) Duties.--
(1) Study.--The Task Force shall study measures to
streamline the redemption of supplemental foods benefits that
promote convenience, safety, and equitable access to
supplemental foods, including infant formula, for
participants in the special supplemental nutrition program,
including--
(A) online and telephonic ordering and curbside pickup of,
and payment for, supplemental foods;
(B) online and telephonic purchasing of supplemental foods;
(C) home delivery of supplemental foods;
(D) self checkout for purchases of supplemental foods; and
(E) other measures that limit or eliminate consumer
presence in a physical store.
(2) Report by task force.--Not later than September 30,
2021, the Task Force shall submit to the Secretary a report
that includes--
(A) the results of the study required under paragraph (1);
and
(B) recommendations with respect to such results.
(3) Report by secretary.--Not later than 45 days after
receiving the report required under paragraph (2), the
Secretary shall--
(A) submit to Congress a report that includes--
(i) a plan with respect to carrying out the recommendations
received by the Secretary in such report under paragraph (2);
and
(ii) an assessment of whether legislative changes are
necessary to carry out such plan; and
(B) notify the Task Force of the submission of the report
required under subparagraph (A).
(4) Publication.--The Secretary shall make publicly
available on the website of the Department of Agriculture--
(A) the report received by the Secretary under paragraph
(2); and
(B) the report submitted by the Secretary under paragraph
(3)(A).
(d) Termination.--The Task Force shall terminate on the
date the Secretary submits the report required under
paragraph (3)(A).
(e) Nonapplicability of FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Task
Force.
(f) Definitions.--In this section:
(1) Local agency.--The term ``local agency'' has the
meaning given the term in section 17(b) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(b)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) Special supplemental nutrition program.--The term
``special supplemental nutrition program'' means the special
supplemental nutrition program under section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786).
(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)).
(5) Supplemental foods.--The term ``supplemental foods''
has the meaning given the term in section 17(b) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(b)).
SEC. 205. SERVING YOUTH IN THE CHILD AND ADULT CARE FOOD
PROGRAM AT EMERGENCY SHELTERS.
(a) Program for At-risk School Children.--Beginning on the
date of the enactment of this section, notwithstanding
paragraph (1)(A) of section 17(r) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766(r)), during the
COVID-19 public health emergency declared under section 319
of the Public Health Service Act (42 U.S.C. 247d), the
Secretary shall reimburse institutions that are emergency
shelters under such section 17(r) (42 U.S.C. 1766(r)) for
meals and supplements served to individuals who at the time
of such service have not attained the age of 25.
(b) Participation by Emergency Shelters.--Beginning on the
date of the enactment of this section, notwithstanding
paragraph (5)(A) section 17(t) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766(t)), during the
COVID-19 public health emergency declared under section 319
of the Public Health Service Act (42 U.S.C. 247d), the
Secretary shall reimburse emergency shelters under such
section 17(t) (42 U.S.C. 1766(t)) for meals and supplements
served to individuals who at the time of such service have
not attained the age of 25.
(c) Funding.--There are hereby appropriated to the
Secretary, out of any funds in the Treasury not otherwise
appropriated, such sum as may be necessary to carry out this
section.
(d) Definitions.--In this section:
(1) Emergency shelter.--The term ``emergency shelter'' has
the meaning given the term under section 17(t)(1) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1766(t)(1)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 206. CALCULATION OF PAYMENTS AND REIMBURSEMENTS FOR
CERTAIN CHILD NUTRITION PROGRAMS.
(a) Richard B. Russell National School Lunch Act.--
(1) 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.
(2) 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. 207. REPORTING ON WAIVER AUTHORITY.
(a) Application to Documents Received or Issued on or After
Date of Enactment.--Beginning on the date of the enactment of
this section, not later than 10 days after the date of the
receipt or issuance of each document specified 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) Application Received or Issued Before Date of
Enactment.--In the case of a document specified in paragraph
(1), (2), or (3) of subsection (a) received or issued by the
Secretary of Agriculture before the date of the enactment of
this section, the Secretary of Agriculture shall, not later
than 30 days after the date of the enactment of this section,
make publicly available on the website of the Department of
Agriculture--
(1) the documents described in paragraphs (1) through (3)
of subsection (a) with respect to each received or issued
document; and
(2) if the Secretary issued guidance with respect to a
qualified waiver issued before the date of the enactment of
this section, the date on which such guidance was issued.
(d) 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).
TITLE III--RELATED PROGRAMS
SEC. 301. COMMUNITY SERVICES BLOCK GRANT ENHANCEMENT ACT OF
2020.
(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.).
[[Page S6133]]
(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 2021 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.
(c) Distribution of CARES Act Funds by States to Eligible
Entities.--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.) 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.
SEC. 302. FLEXIBILITY FOR THE RUNAWAY AND HOMELESS YOUTH
PROGRAM.
During the public health emergency declared by the
Secretary of Health and Human Services under section 319 of
the Public Health Service Act (42 U.S.C. 247d) on January 31,
2020, with respect to COVID-19, and any renewal of such
declaration, the Secretary may waive with respect to a
current or future grantee of funds provided to carry out the
Runaway and Homeless Youth Act (42 U.S.C. 11201 et seq.)--
(1) the 21-day maximum period for which shelter may be
provided applicable under section 311(a)(2)(B)(i) of such Act
(34 U.S.C. 11211(a)(2)(B)(i));
(2) the 20-youth maximum capacity of a center or facility
applicable under section 312(b)(2)(A) of such Act (34 U.S.C.
11212(b)(2)(A)) if such grantee provides an assurance that
waiving such requirement would not compromise the health and
safety of youth or staff and would not compromise such
grantee's ability to implement the applicable guidance issued
by the Centers for Disease Control and Prevention to mitigate
the spread of COVID-19, including the implementation of
appropriate social distancing measures;
(3) the 540-day and 635-day maximum continuous periods for
which shelter and services may be provided applicable under
section 322(a)(2) of such Act (34 U.S.C. 11222(a)(2));
(4) the 20-individual maximum capacity of a shelter or
facility applicable under section 322(a)(4) of such Act (34
U.S.C. 11222(a)(4)) if such grantee provides an assurance
that waiving such requirement would not compromise the health
and safety of youth or staff and would not compromise such
grantee's ability to implement the applicable guidance issued
by the Centers for Disease Control and Prevention to mitigate
the spread of COVID-19, including the implementation of
appropriate social distancing measures; and
(5) the 90-percent limitation on the Federal cost share
applicable under section 383(a) of such Act (34 U.S.C.
11274(a)).
SEC. 303. EXTENSION OF CERTAIN NUTRITION FLEXIBILITIES FOR
OLDER AMERICANS ACT PROGRAMS NUTRITION
SERVICES.
(a) Transfer Authority.--Notwithstanding any other
provision of the Older Americans Act of 1965 (42 U.S.C. 3001
et seq.), with respect to funds received by a State for
fiscal year 2021 and attributable to funds appropriated under
paragraph (1) or (2) of section 303(b) of such Act, the State
may elect in its plan under section 307(a)(13) of such Act
regarding part C of title III of such Act, to transfer
between subpart 1 and subpart 2 of part C any amount of the
funds so received notwithstanding the limitation on transfer
authority provided in subparagraph (A) of section 308(b)(4)
of such Act and without regard to subparagraph (B) of such
section. The preceding sentence shall apply to such funds
until expended by the State.
(b) Home-delivered Nutrition Services Waiver.--For purposes
determining eligibility for the delivery of nutrition
services under section 337 of the Older Americans Act of 1965
(42 U.S.C. 3030g) with funds received by a State under the
Older Americans Act of 1965 (42 U.S.C. 2001 et seq.) for
fiscal 2021, the State shall treat an older individual who is
unable to obtain nutrition because such individual is
practicing social distancing due to the emergency in the same
manner as the State treats an older individual who is
homebound by reason of illness. The preceding sentence shall
apply to such funds until expended by the State.
(c) Dietary Guidelines Waiver.--To facilitate
implementation of subparts 1 and 2 of part C of title III of
the Older Americans Act of 1965 (42 U.S.C. 3030d-2 et seq.)
with funds received by a State for fiscal year 2021, the
Assistant Secretary on Aging may waive, but make every effort
practicable to continue to encourage the restoration of, the
applicable requirements that meals provided under such
subparts comply with the requirements of clauses (I) and (ii)
of section 339(2)(A) of such Act (42 U.S.C. 3030g-21(2)(A)).
The preceding sentence shall apply to such funds until
expended by the State.
SEC. 304. USE OF LIHEAP SUPPLEMENTAL APPROPRIATIONS.
Notwithstanding the Low-Income Home Energy Assistance Act
of 1981, with respect to amounts appropriated under title
VIII 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 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.
SEC. 305. CORPORATION FOR NATIONAL AND COMMUNITY SERVICE.
(a) CNCS Legislative Flexibilities.--
(1) Match waiver.--During the period beginning on the date
of the enactment of this Act and ending on September 30,
2022, notwithstanding any other provision of law, if a
grantee of the Corporation for National and Community Service
is unable to meet a requirement to provide matching funds due
to funding constraints resulting from the COVID-19 national
emergency, the Chief Executive Officer of the Corporation for
National and Community Service may--
(A) waive any requirement that such grantee provide
matching funds for a program; and
(B) increase the Federal share of the grant for such
program up to 100 percent.
(2) End-of-service cash stipend.--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)''
after ``such subtitle''.
(3) Senior corps volunteer recruitment.--During the period
beginning on the date of the enactment and ending on
September 30, 2022, notwithstanding sections 201(a), 211(d),
211(e), and 213(a) of title II of the Domestic Volunteer
Service Act of 1973 (42 U.S.C. 5000 et seq.)--
(A) an individual age 45 years or older may enroll as a
volunteer to provide services under parts A, B or C of such
title to address the critical needs of local communities
across the country during the COVID-19 national emergency;
and
(B) for the purposes of parts B and C of such title II,
``low-income person'' and ``person of low income'' mean any
person whose income is not more than 400 percent of the
poverty line for a single individual.
(b) National Service Expansion Feasibility Study.--
(1) Study required.--The Corporation for National and
Community Service shall conduct a study on the feasibility of
increasing the capacity of national service programs to
respond to the economic and social impact on communities
across the country resulting from the COVID-19 national
emergency and public health crisis.
(2) Scope of study.--In conducting the study required under
paragraph (1), 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--
(A) service opportunities related to food security,
education, economic opportunity, and disaster or emergency
response;
(B) 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
(C) 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.
(3) Required factors of the study.--In examining new and
existing programs, partnerships, organizations, and grantees
as required under paragraph (2), the Corporation for National
and Community Service shall examine--
(A) the cost and resources necessary related to increased
capacity;
(B) the timeline for implementation of any expanded
partnerships or increased capacity;
(C) options to use existing corps programs overseen by the
Corporation for National and Community Service for increasing
such capacity, and the role of programs, such as AmeriCorps,
AmeriCorps VISTA, AmeriCorps National Civilian Community
Corps, or Senior Corps, for increasing capacity;
(D) the ability to increase diversity, including economic,
racial, ethnic, and gender diversity, among national service
volunteers and programs;
(E) 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 such
demand, comparing existing demand for volunteer opportunities
to expected or realized increases as a result of COVID-19;
and
(F) whether any additional administrative capacity at the
Corporation for National and Community Service, such as
grantee organizational capacity, is needed to respond to the
increased capacity of such new or existing programs,
partnerships, organizations, and grantees.
(4) Reports to congressional committees.--
(A) In general.--Not later than 60 days after the date of
the enactment of this Act,
[[Page S6134]]
the Chief Executive Officer of the Corporation for National
and Community Service shall submit to the congressional
committees under subparagraph (B) a report on the results of
the study under paragraph (1) 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).
(B) Congressional committees.--The congressional committees
under this subparagraph are--
(i) the Committee on Education and Labor and the Committee
on Appropriations of the House of Representatives; and
(ii) the Committee on Health, Education, Labor, and
Pensions and the Committee on Appropriations of the Senate.
(c) Definitions.--In this section, the following
definitions apply:
(1) 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.
(2) 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.
(3) Poverty line for a single individual.--The term
``poverty line for a single individual'' has the meaning
given such term in section 421 of the Domestic Volunteer
Service Act of 1973 (42 U.S.C. 5061).
(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.--The term ``State Commission'' has
the meaning given such term in section 101 of the National
and Community Service Act (42 U.S.C. 12511).
SEC. 306. 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, 2020,
and 2021 to each State (as defined in section 302 of such Act
(42 U.S.C. 10402)) and the eligible entities within such
State under section 306 or 308 of such Act (42 U.S.C. 10406;
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).
DIVISION E--SMALL BUSINESS PROVISIONS
SEC. 100. SHORT TITLE, ETC.
(a) Short Title.--This division may be cited as the ``PPP
and EIDL Enhancement Act of 2020''.
(b) Table of Contents.--The table of contents for this
division is as follows:
Sec. 100. Short Title, etc.
TITLE I--FUNDING PROVISIONS
Sec. 101. Amount authorized for commitments.
Sec. 102. Funding for the paycheck protection program.
Sec. 103. Direct appropriations.
TITLE II--MODIFICATIONS TO THE PAYCHECK PROTECTION PROGRAM
Sec. 201. Periods for loan forgiveness and application submission.
Sec. 202. Supplemental covered loans for certain business concerns.
Sec. 203. Certifications and documentation for forgiveness of covered
loans.
Sec. 204. Eligibility of certain organizations for loans under the
paycheck protection program.
Sec. 205. Limit on aggregate loan amount for eligible recipients with
more than one physical location.
Sec. 206. Allowable uses of covered loans; forgiveness.
Sec. 207. Documentation required for certain eligible recipients.
Sec. 208. Exclusion of certain publicly traded and foreign entities.
Sec. 209. Election of 12-week period by seasonal employers.
Sec. 210. Inclusion of certain refinancing in nonrecourse requirements.
Sec. 211. Credit elsewhere requirements.
Sec. 212. Prohibition on receiving duplicative amounts for payroll
costs.
Sec. 213. Application of certain terms through life of covered loan.
Sec. 214. Interest calculation on covered loans.
Sec. 215. Reimbursement for processing.
Sec. 216. Duplication requirements for economic injury disaster loan
recipients.
Sec. 217. Reapplication for and modification to paycheck protection
program.
Sec. 218. Treatment of certain criminal violations.
TITLE III--TAX PROVISIONS
Sec. 301. Improved coordination between paycheck protection program and
employee retention tax credit.
TITLE IV--COVID-19 ECONOMIC INJURY DISASTER LOAN PROGRAM REFORM
Sec. 401. Sense of Congress.
Sec. 402. Notices to applicants for economic injury disaster loans or
advances.
Sec. 403. Modifications to emergency EIDL advances.
Sec. 404. Data transparency, verification, and notices for economic
injury disaster loans.
Sec. 405. Lifeline funding for small business continuity, adaptation,
and resiliency.
Sec. 406. Modifications to economic injury disaster loans.
Sec. 407. Principal and interest payments for certain disaster loans.
Sec. 408. Training.
Sec. 409. Outreach plan.
Sec. 410. Report on best practices.
Sec. 411. Extension of period of availability for administrative funds.
TITLE V--MICRO-SBIC AND EQUITY INVESTMENT ENHANCEMENT
Sec. 501. Micro-SBIC Program.
TITLE VI--MISCELLANEOUS
Sec. 601. Repeal of unemployment grants.
Sec. 602. Subsidy for certain loan payments.
Sec. 603. Modifications to 7(a) loan programs.
Sec. 604. Flexibility in deferral of payments of 7(a) loans.
Sec. 605. Recovery assistance under the microloan program.
Sec. 606. Maximum loan amount for 504 loans.
Sec. 607. Temporary fee reductions.
Sec. 608. Extension of participation in 8(a) program.
Sec. 609. Report on minority, women, and rural lending.
Sec. 610. Comprehensive program guidance.
Sec. 611. Reports on paycheck protection program.
Sec. 612. Prohibiting conflicts of interest for small business programs
under the CARES Act.
Sec. 613. Inclusion of SCORE and Veteran Business Outreach Centers in
entrepreneurial development programs.
Sec. 614. Clarification of use of CARES Act funds for small business
development centers.
Sec. 615. Funding for the Office of Inspector General of the Small
Business Administration.
Sec. 616. Extension of waiver of matching funds requirement under the
Women's Business Center program.
Sec. 617. Access to Small Business Administration information and
databases.
Sec. 618. Small business local relief program.
Sec. 619. Grants for independent live venue operators.
(c) Definitions.--In this division:
(1) Administration.--The term ``Administration'' means the
Small Business Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(d) Effective Date; Applicability.--Except as otherwise
provided in this division, this division and the amendments
made by this division shall take effect on the date of the
enactment of this Act and shall apply to loans made, or other
assistance provided, on or after the date of the enactment of
this Act.
TITLE I--FUNDING PROVISIONS
SEC. 101. AMOUNT AUTHORIZED FOR COMMITMENTS.
Section 1102(b)(1) of the CARES Act (Public Law 116-136) is
amended to read as follows:
``(1) PPP loans.--During the period beginning on the date
of enactment of this subsection and ending on December 31,
2020, subject to the availability of appropriations, the
Administrator may make commitments under paragraph (36) of
section 7(a) of the Small Business Act (15 U.S.C. 636(a)).''.
SEC. 102. FUNDING FOR THE PAYCHECK PROTECTION PROGRAM.
(a) 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 10 percent of each such
amount for covered loans--
[[Page S6135]]
``(I) made to eligible recipients with 10 or fewer
employees, including individuals who operate under a sole
proprietorship or as an independent contractor and eligible
self-employed individuals; or
``(II) less than or equal to $250,000 made to an eligible
recipient that is located in a low- or moderate-income
neighborhoods (as defined under the Community Reinvestment
Act of 1977).
``(ii) a set aside of not more than 30 percent of each such
amount for covered loan made to nonprofit organizations,
organizations described in subparagraph (D)(viii), or housing
cooperatives; and
``(iii) a set aside of not more than 50 percent of each
such amount for supplemental covered loans made under
subparagraph (B)(ii).''.
(b) 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
$15,000,000,000 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).
(c) 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 or covered loans of less than or equal to $250,000
made to an eligible recipient that is located in a low- or
moderate-income neighborhoods (as defined under the Community
Reinvestment Act of 1977).''.
SEC. 103. DIRECT APPROPRIATIONS.
There is appropriated, out of amounts in the Treasury not
otherwise appropriated, for additional amounts--
(1) for the cost of carrying out section 407 of this
division, $8,000,000,000;
(2) for the cost of carrying out title V of this division,
$1,000,000,000;
(3) for the cost of carrying out section 603 and 607 of
this division, $1,000,000,000;
(4) for the cost of carrying out section 605 of this
division, $57,000,000;
(5) for the cost of carrying out section 618 of this
division, $15,000,000,000; and
(6) for the cost of carrying out section 619 of this
division, $10,000,000,000.
TITLE II--MODIFICATIONS TO THE PAYCHECK PROTECTION PROGRAM
SEC. 201. PERIODS FOR LOAN FORGIVENESS AND APPLICATION
SUBMISSION.
(a) Period for Costs That Are Eligible for Forgiveness and
Application Submission.--Section 1106 of the CARES Act (15
U.S.C. 9005) is amended--
(1) in subsection (a), by striking paragraph (3) and
inserting the following:
``(3) the term `covered period' means the period beginning
on the date of the origination of a covered loan and ending
on a date selected by the eligible recipient of the covered
loan that--
``(A) is not earlier than the date that is 8 weeks after
such date of origination; and
``(B) is not later than the date that is 24 weeks after
such date of origination;'';
(2) in subsection (d), by striking ``December 31, 2020''
each place it appears and inserting ``September 30, 2021'';
and
(3) by striking subsection (l) and inserting the following
new subsection:
``(l) Application Deadline.--An eligible recipient may
apply for forgiveness under this section any time after
covered period if proceeds from a covered loan have been
spent and the eligible recipient is in compliance with
subsections (e) and (f).''.
(b) Applicability of Amendments.--The amendments made by
subsection (b) shall be effective as if included in the CARES
Act (Public Law 116-136) and shall apply to any loan made
pursuant to section 7(a)(36) of the Small Business Act (15
U.S.C. 636(a)(36)) or section 1109 of the CARES Act (15
U.S.C. 9008).
SEC. 202. SUPPLEMENTAL COVERED LOANS FOR CERTAIN BUSINESS
CONCERNS.
Section 7(a)(36)(B) of the Small Business Act (15 U.S.C.
636(a)(36)(B)) is amended--
(1) by striking ``Except'' and inserting the following:
``(i) In general.--Except''; and
(2) by adding at the end the following new clause:
``(ii) Supplemental covered loans.--
``(I) Definitions.--In this clause--
``(aa) the terms `exchange', `issuer', and `security' have
the meanings given such terms in section 3(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a));
``(bb) the term `gross receipts' means gross receipts
within the meaning of section 448(c) of the Internal Revenue
Code of 1986;
``(cc) the term `national securities exchange' means an
exchange registered as a national securities exchange under
section 6 of the Securities Exchange Act of 1934 (15 U.S.C.
78f);
``(dd) the term `publicly traded entity' means an issuer,
the securities of which are listed on a national securities
exchange;
``(ee) the term `smaller concern' means an eligible
recipient that--
``(AA) has not more than 200 employees;
``(BB) operates under a sole proprietorship or as an
independent contractor; or
``(CC) is an eligible self-employed individual; and
``(ff) the term `significant loss in revenue' means that,
due to the impact of COVID-19--
``(AA) the gross receipts of the eligible recipient during
the first, second, or third calendar quarter of 2020 are less
than 75 percent of the gross receipts of the eligible
recipient during the same calendar quarter in 2019;
``(BB) if the eligible recipient was not in business on
April 1, 2019, the gross receipts of the eligible recipient
during any 2-month period during the first 3 calendar
quarters of 2020 are less than 75 percent of the amount of
the gross receipts of the eligible recipient during any prior
2-month period during the first 3 calendar quarters of 2020;
or
``(CC) if the eligible recipient is seasonal employer, as
determined by the Administrator, the gross receipts of the
eligible recipient during any 2-month period during the first
3 calendar quarters of 2020 are less than 75 percent of the
amount of the gross receipts of the eligible recipient during
the same 2-month period in 2019.
``(II) Authority.--Except as otherwise provided in this
clause, for an eligible recipient that has received a covered
loan under clause (i), the Administrator may guarantee a
single supplemental covered loan to the eligible recipient
under the same terms, conditions, and processes as a covered
loan made under clause (i).
``(III) Choice of lender.--An eligible recipient may apply
for a supplemental covered loan under this clause with the
lender that made the covered loan under clause (i) to the
eligible recipient or another lender.
``(IV) Eligibility.--
``(aa) In general.--A supplemental covered loan under this
clause--
``(AA) may only be made to an eligible recipient that is a
smaller concern that has had a significant loss in revenue
and has used, or is expending funds at a rate that the
eligible recipient will use on or before the expected date of
the disbursement of the supplemental covered loan under this
clause, the full amount of the covered loan received under
clause (i); and
``(BB) may not be made to a publicly traded entity.
``(bb) Business concerns with more than 1 physical
location.--
``(AA) In general.--For purposes of a supplemental covered
loan under this clause, subparagraph (D)(iii) shall be
applied by substituting `not more than 200 employees per
physical location' for `not more than 500 employees per
physical location'.
``(BB) Limit for multiple locations.--For an eligible
recipient with more than 1 physical location, the total
amount of all supplemental covered loans made under this
clause to the eligible recipient shall not be more than
$2,000,000.
``(V) Maximum amount.--The maximum amount of a supplemental
covered loan under this clause is the lesser of--
``(aa) the product obtained by multiplying--
``(AA) the average total monthly payments for payroll costs
by the eligible recipient used to determine the maximum
amount of the covered loan under clause (i) made to the
eligible recipient under this paragraph, by
``(BB) 2.5; or
``(bb) $2,000,000.
``(VI) Exception from certain certification requirements.--
An eligible recipient applying for a supplemental covered
loan under this clause shall not be required to make the
certification described in clauses (iii) or (iv) of
subparagraph (G).
``(VII) Reimbursement for processing supplemental ppp.--For
a supplemental covered loan under this clause of less than or
equal to $50,000, the reimbursement under subparagraph (P)(I)
by the Administrator shall not be less than $2,500.''.
SEC. 203. CERTIFICATIONS AND DOCUMENTATION FOR FORGIVENESS OF
COVERED LOANS.
Section 1106 of the CARES Act (15 U.S.C. 9005) is amended--
(1) in subsection (e), in the matter preceding paragraph
(1), by striking ``An eligible recipient'' and all that
follows through ``an application,'' and inserting ``Subject
to subsection (f), an eligible recipient applying for loan
forgiveness under this section shall provide proof of the use
of covered loan proceeds,'';
(2) by amending subsection (f) to read as follows:
``(f) Documentation Requirements.--To receive loan
forgiveness under this section, an eligible recipient shall
comply with the following requirements:
``(1) With respect to a covered loan in an amount less than
or equal to $50,000, the eligible recipient--
``(A) shall certify to the Administrator that the eligible
recipient has used proceeds from the covered loan in
compliance with the requirements of section 7(a)(36) of the
Small Business Act (15 U.S.C. 636(a)(36)), including a
description of the amount of proceeds used for payroll costs
(as defined in such section) and the number of employees the
eligible recipient was able to retain because of such covered
loan;
``(B) is not required to submit any documentation or
application to receive forgiveness under this section;
``(C) shall certify to the Administrator that the eligible
recipient can make the documentation described under
subsection (e) available, upon request, for a period of time
[[Page S6136]]
determined by the Administrator, which period shall be not
less than 3 years; and
``(D) may submit to the Administrator demographic
information of the owner of the eligible recipient, including
the sex, race, ethnicity, and veteran status of the owner,
through a process established by the Administrator.
``(2) With respect to a covered loan in an amount greater
than $50,000 but less than or equal to $150,000, the eligible
recipient--
``(A) shall submit to the lender that is servicing the
covered loan the certification described in paragraph (1)(A)
and a simplified one-page application form that does not
require the submission of any documentation described under
subsection (e);
``(B) shall make the certification described in paragraph
(1)(C); and
``(C) may submit to the Administrator demographic
information of the owner of the eligible recipient, including
the sex, race, ethnicity, and veteran status of the owner, as
established by the Administrator on the application form
described in subparagraph (A).
``(3) With respect to a covered loan in an amount greater
than $150,000, the eligible recipient shall submit to the
lender that is servicing the covered loan the documentation
described under subsection (e).''; and
(3) by amending subsection (g) to read as follows:
``(g) Lender Submission.--Not later than 60 days after the
date on which a lender receives an application for loan
forgiveness under this section from an eligible recipient,
the lender shall only be required to review the application
to ensure completion, including that required attestations
have been made, before submitting such application to the
Administrator.''.
SEC. 204. ELIGIBILITY OF CERTAIN ORGANIZATIONS FOR LOANS
UNDER THE PAYCHECK PROTECTION PROGRAM.
Section 7(a)(36) of the Small Business Act (15 U.S.C.
636(a)(36))--
(1) in subparagraph (A)--
(A) in clause (vii), by inserting ``covered'' before
``nonprofit'';
(B) in clause (viii)(II)--
(i) in item (dd), by striking ``or'' at the end;
(ii) in item (ee), by inserting ``or'' at the end; and
(iii) by adding at the end the following new item:
``(ff) any compensation of an employee who is a registered
lobbyist under the Lobbying Disclosure Act of 1995;'';
(C) by amending clause (ix) to read as follows:
``(ix) the term `covered organization' means--
``(I) an organization described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code that is not a covered nonprofit
organization;
``(II) an entity created by a State or local government
that derives the majority of its operating budget from the
production of live events; or
``(III) a destination marketing organization;'';
(D) in clause (xi)(IV), by striking ``and'' at the end;
(E) in clause (xii), by striking the period at the end and
inserting a semicolon; and
(F) by adding at the end the following new clauses:
``(xiii) the term `housing cooperative' means a cooperative
housing corporation (as defined in section 216(b) of the
Internal Revenue Code of 1986); and
``(xiv) the term `destination marketing organization' means
a nonprofit entity that is not an organization described in
section 501(c)(6) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code, a State,
or a political subdivision of a State (including any
instrumentality of such entities) engaged in marketing and
promoting communities and facilities to businesses and
leisure travelers through a range of activities, including--
``(I) assisting with the location of meeting and convention
sites;
``(II) providing travel information on area attractions,
lodging accommodations, and restaurants;
``(III) providing maps; and
``(IV) organizing group tours of local historical,
recreational, and cultural attractions.''; and
(2) in subparagraph (D)--
(A) in clause (i)--
(i) by inserting ``covered'' before ``nonprofit
organization'' each place it appears; and
(ii) by striking ``veterans organization'' each place it
appears and inserting ``housing cooperative'';
(B) in clause (iii)--
(i) by amended the clause heading to read as follows:
``Requirements for restaurants and certain news
organizations'';
(ii) by striking ``During the covered period, any business
concern that employs'' and inserting the following: ``Any
business concern that--
``(I) during the covered period, employs'';
(iii) in subclause (I), as so designated, by striking the
period at the end and inserting a semicolon; and
(iv) by adding at the end the following new subclauses:
``(II) was not eligible to receive a covered loan the day
before the date of the enactment of this subclause, is
assigned a North American Industry Classification System code
beginning with 511110, 515112, or 515120, and an individual
physical location of the business concern 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; or
``(III) was not eligible to receive a covered loan the day
before the date of the enactment of this subclause, is
assigned a North American Industry Classification System code
of 519130, is identified as a Internet-only news publisher or
Internet-only periodical publisher, and is engaged in the
collection and distribution of local or regional and national
news and information shall be eligible to receive a covered
loan for expenses to support the continued provision of news,
information, content, or emergency information.'';
(C) 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) an individual physical location of a business
concern described in clause (iii)(II), if such concern does
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.'';
(D) in clause (v), by striking ``nonprofit organization,
veterans organization,'' and inserting ``covered
organization, covered nonprofit organization, housing
cooperative,'';
(E) in clause (vi), by striking ``nonprofit organization
and a veterans organization'' and inserting ``covered
organization, a covered nonprofit organization, and a housing
cooperative''; and
(F) by adding at the end the following new clauses:
``(vii) Additional requirements for covered organizations
and covered nonprofit organizations.--
``(I) Lobbying restriction.--During the covered period, a
covered organization that employs less than 500 employees
shall be eligible to receive a covered loan if--
``(aa) the covered organization does not receive more than
10 percent of its receipts from lobbying activities; and
``(bb) the lobbying activities of the covered organization
do not comprise more than 10 percent of the total activities
of the covered organization.
``(II) Larger organizations.--During the covered period, a
covered nonprofit organization that employs 500 employees or
more, or a covered organization that meets the requirements
of items (aa) and (bb) of subclause (I) and employs 500
employees or more, shall be eligible to receive a covered
loan if such covered nonprofit organization or covered
organization has had a significant loss in revenue (as
defined in subparagraph (B)(ii)(I)(ff)).
``(viii) Inclusion of critical access hospitals.--During
the covered period, any covered 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.
``(ix) 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. A parent
company, investment company, or management company of one or
more physical locations of a business concern described in
clause (iii)(II) shall not be eligible for a covered loan.
``(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.''.
SEC. 205. LIMIT ON AGGREGATE LOAN AMOUNT FOR ELIGIBLE
RECIPIENTS WITH MORE THAN ONE PHYSICAL
LOCATION.
Section 7(a)(36)(E) of the Small Business Act (15 U.S.C.
636(a)(36)(E)) is amended by adding at the end the following
flush matter:
``With respect to an eligible recipient with more than 1
physical location, the total amount of all covered loans made
under this clause to the eligible recipient shall not be more
than $10,000,000.''.
SEC. 206. ALLOWABLE USES OF COVERED LOANS; FORGIVENESS.
(a) Paycheck Protection Program.--Section 7(a)(36) of the
Small Business Act (15 U.S.C. 636(a)(36)) is amended--
(1) in subparagraph (G)--
(A) 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'';
[[Page S6137]]
(B) by redesignating subclauses (I) through (IV) as clauses
(i) through (iv), respectively; and
(C) in clause (ii), as so redesignated, by striking ``to
retain workers'' and all that follows through ``utility
payments'' and inserting ``for an allowable use described in
subparagraph (F)'';
(2) in subparagraph (F)(i)--
(A) in subclause (VI), by striking ``and'' at the end;
(B) in subclause (VII), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following new subclauses:
``(VIII) costs related to the provision of personal
protective equipment for employees or other equipment or
supplies determined by the employer to be necessary to
protect the health and safety of employees and the general
public;
``(IX) payments for inventory, raw materials, or supplies;
and
``(X) costs related to property damage, vandalism, or
looting due to public disturbances that occurred during 2020
that was not covered by insurance or other compensation.''.
(b) Forgiveness.--
(1) Definition of expected forgiveness amount.--Section
1106(a)(7) of the CARES Act (15 U.S.C. 9005(a)(7)) 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;
``(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;
``(G) payments made for the provision of personal
protective equipment for employees or other equipment or
supplies determined by the employer to be necessary to
protect the health and safety of employees and the general
public;
``(H) payments made for inventory, raw materials, or
supplies; and
``(I) payments related to property damage, vandalism, or
looting due to public disturbances that occurred during 2020
that was not covered by insurance or other compensation;
and''.
(2) Forgiveness.--Section 1106(b) of the CARES Act (15
U.S.C. 9005(b)), 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.
``(7) Any payment made for the provision of personal
protective equipment for employees or other equipment or
supplies determined by the employer to be necessary to
protect the health and safety of employees.
``(8) Any payment made for inventory, raw materials, or
supplies.
``(9) Any payments related to property damage, vandalism,
or looting due to public disturbances that occurred during
2020 that was not covered by insurance or other
compensation.''.
(3) Conforming amendments.--Section 1106 of the CARES Act
(15 U.S.C. 9005) is amended--
(A) in subsection (e), as amended by section 203--
(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)''; and
(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)''.
SEC. 207. DOCUMENTATION REQUIRED FOR CERTAIN ELIGIBLE
RECIPIENTS.
Section 7(a)(36)(D)(ii)(II) of the Small Business Act (15
U.S.C. 636(a)(36)(D)(ii)(II)) is amended by striking ``as is
necessary'' and all that follows through the period at the
end and inserting ``as determined necessary by the
Administrator and the Secretary, to establish such individual
as eligible.''.
SEC. 208. EXCLUSION OF CERTAIN PUBLICLY TRADED AND FOREIGN
ENTITIES.
Section 7(a)(36)(D) of the Small Business Act (15 U.S.C.
636(a)(36)(D)), as amended by section 204 is further amended
by adding at the end the following new clause:
``(x) Exclusion of certain publicly traded and foreign
entities.--Effective on the date of the enactment of this
clause--
``(I) an issuer, the securities of which are traded on a
national securities exchange, is not eligible to receive a
covered loan under this section; and
``(II) an entity that is 51 percent or more owned by a
foreign person, or the management and daily business
operations of which are controlled by a foreign person
(excluding an entity owned and controlled by a person
domiciled in a territory or possession of the United States),
is not eligible to receive a covered loan under this
section.''.
SEC. 209. ELECTION OF 12-WEEK PERIOD BY SEASONAL EMPLOYERS.
Section 7(a)(36)(E)(i)(I)(aa)(AA) of the Small Business Act
(15 U.S.C. 636(a)(36)(E)(i)(I)(aa)(AA)) is amended by
striking ``an applicant'' and all that follows through ``June
30, 2019'' and inserting the following: ``an applicant that
is a seasonal employer, as determined by the Administrator,
shall use the average total monthly payments for payroll for
any 12-week period selected by the seasonal employer between
February 15, 2019, and December 31, 2019''.
SEC. 210. INCLUSION OF CERTAIN REFINANCING IN NONRECOURSE
REQUIREMENTS.
Section 7(a)(36)(F)(v) of the Small Business Act (15 U.S.C.
636(a)(36)(F)(v)) is amended by striking ``clause (i)'' and
inserting ``clauses (i) and (iv)''.
SEC. 211. CREDIT ELSEWHERE REQUIREMENTS.
Section 7(a)(36)(I) of the Small Business Act (15 U.S.C.
636(a)(36)(I)) is amended to read as follows:
``(I) Credit elsewhere.--The requirement that a small
business concern is unable to obtain credit elsewhere (as
defined in section 3(h))--
``(i) shall not apply to a covered loan approved by the
Administrator before the date of enactment of this
subparagraph; and
``(ii) shall only apply to covered loans in an amount
greater than $350,000 approved by the Administrator on or
after the date of the enactment of this subparagraph.''.
SEC. 212. PROHIBITION ON RECEIVING DUPLICATIVE AMOUNTS FOR
PAYROLL COSTS.
(a) Paycheck Protection Program.--Clause (iv) of section
7(a)(36)(G) of the Small Business Act (15 U.S.C.
636(a)(36)(G)), as redesignated by section 206, is amended--
(1) by striking ``December 31, 2020'' and inserting ``June
30, 2020''; and
(2) by striking ``the same purpose and'' and inserting
``payments for payroll costs incurred during such period''.
(b) Treasury Program.--Section 1109(f) of the CARES Act (15
U.S.C. 9008(f)) is amended--
(1) in paragraph (1), by striking ``for the same purpose''
and inserting ``for payments for payroll costs (as defined in
section 7(a)(36)(A)(viii) of the Small Business Act (15
U.S.C. 636(a)(36)(A)(viii))''; and
(2) in paragraph (2), by striking ``December 31, 2020'' and
inserting ``June 30, 2020''.
SEC. 213. 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 (J), by striking ``During the covered
period, with'' and inserting ``With'';
(3) 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''.
SEC. 214. INTEREST CALCULATION ON COVERED LOANS.
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''.
SEC. 215. REIMBURSEMENT FOR PROCESSING.
Section 7(a)(36)(P) of the Small Business Act (15 U.S.C.
636(a)(36)(P)) is amended--
(1) in clause (ii), by inserting at the end the following:
``Such fees shall be paid by the eligible recipient and may
not be paid out of the proceeds of a covered loan. A lender
shall only be responsible for paying fees to an agent for
services for which such lender directly contracts with such
agent.''; and
(2) by amending clause (iii) to read as follows:
``(iii) Timing.--A reimbursement described in clause (i)
shall be made not later than 5 days after the reported
disbursement of the covered loan and may not be required to
be repaid by a lender unless the lender is found guilty of an
act of fraud in connection with the covered loan.''.
SEC. 216. DUPLICATION REQUIREMENTS FOR ECONOMIC INJURY
DISASTER LOAN RECIPIENTS.
Section 7(a)(36)(Q) of the Small Business Act (15 U.S.C.
636(a)(36)(Q)) is amended by striking ``during the period
beginning on January 31, 2020, and ending on the date on
which covered loans are made available''.
SEC. 217. REAPPLICATION FOR AND MODIFICATION TO PAYCHECK
PROTECTION PROGRAM.
Not later than 7 days after the date of the enactment of
this Act, the Administrator shall issue rules or guidance to
ensure that an eligible recipient of a covered loan made
under section 7(a)(36) of the Small Business Act (15 U.S.C.
636(a)(36)) that returns amounts disbursed under such covered
loan or does not accept the full amount of such covered loan
for which such eligible recipient was approved--
(1) in the case of an eligible recipient that returned all
or part of a covered loan, such eligible recipient may
reapply for a covered
[[Page S6138]]
loan for an amount equal to the difference between the amount
retained and the maximum amount applicable; and
(2) in the case of an eligible recipient that did not
accept the full amount of a covered loan, such eligible
recipient may request a modification to increase the amount
of the covered loan to the maximum amount applicable, subject
to the requirements of such section 7(a)(36).
SEC. 218. TREATMENT OF CERTAIN CRIMINAL VIOLATIONS.
(a) In General.--Section 7(a)(36) of the Small Business Act
(15 U.S.C. 636(a)(36)), as amended by section 101, 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).''.
(b) Rulemaking.--Not later than 15 days after the date of
enactment of this Act, the Administrator shall make necessary
revisions to any rules to carry out the amendment made by
this section.
TITLE III--TAX PROVISIONS
SEC. 301. 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 (15 U.S.C. 9005(a)(8)) 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 (Public
Law 116-136; 26 U.S.C. 3111 note) is amended to read as
follows:
``(g) Election to Not Take Certain Wages Into Account.--
``(1) In general.--This section shall not apply to so much
of the qualified wages paid by an eligible employer as such
employer elects (at such time and in such manner as the
Secretary may prescribe) to not take into account for
purposes of this section.
``(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 (Public Law 116-136; 26
U.S.C. 3111 note) is amended by striking subsection (j).
(B) Section 2301(l) of the CARES Act (Public Law 116-136;
26 U.S.C. 3111 note) 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 (Public Law 116-136) to which they relate.
TITLE IV--COVID-19 ECONOMIC INJURY DISASTER LOAN PROGRAM REFORM
SEC. 401. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) many businesses that have received economic injury
disaster loans under section 7(b)(2) of the Small Business
Act (15 U.S.C. 636(b)) continue to suffer from the effects of
the COVID-19 pandemic and may not be in a position to make
payments in the near term;
(2) the Administrator of the Small Business Administration
has the authority under the Small Business Act (15 U.S.C. 631
et seq.) to reduce the interest charged on loans and to offer
borrowers up to 4 years of deferment on the payment of
interest and principal; and
(3) the Congress encourages the Administrator of the Small
Business Administration to use this discretion to provide
relief to the hardest hit small businesses that have received
or will receive direct loans from the Administration under
section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)).
SEC. 402. NOTICES TO APPLICANTS FOR ECONOMIC INJURY DISASTER
LOANS OR ADVANCES.
Section 7(b)(11) of the Small Business Act (15 U.S.C.
636(b)(11) is amended--
(1) by striking ``The Administrator'' and inserting the
following:
``(A) In general.--The Administrator''; and
(2) by adding at the end the following new subparagraphs:
``(B) Acceptance criteria and qualifications.--In carrying
out subparagraph (A), the Administrator shall--
``(i) publish on the website of the Administration a
description of the rules issued with respect to a loan made
under this subsection, which shall be clear and easy to
understand; and
``(ii) upon receiving an application for a loan under this
subsection, provide to the loan applicant the description
described in clause (i).
``(C) Right to explanation of declined loan or advance.--
``(i) In general.--The Administrator shall--
``(I) provide all applicants for a loan under this
subsection or an advance under section 1110(e) of the CARES
Act for which the loan or advance application was fully or
partially denied with a complete written application of the
reason for the denial at the time the decision is made;
``(II) establish a dedicated telephonic information line
and e-mail address to respond to further inquiries about
denied applications described in subclause (I); and
``(III) before fully or partially denying an application
for a loan under this subsection or an advance under such
section 1110(e) because the applicant submitted incomplete
information--
``(aa) contact the applicant and give the applicant the
opportunity to provide that information; and
``(bb) reconsider the application with any additional
information provided.
``(ii) Submission of additional information.--An applicant
for a loan under this subsection or an advance under section
1110(e) of the CARES Act that can remedy the grounds for
denial of the application by submitting additional
information under clause (i)(III)--
``(I) shall have the opportunity to do so directly with a
loan officer; and
``(II) shall not be required to seek a remedy through the
appeals process of the Administration.''.
SEC. 403. MODIFICATIONS TO EMERGENCY EIDL ADVANCES.
Section 1110(e)(1) of division A of the CARES Act (15
U.S.C. 90009(e)) is amended to read as follows:
``(1) In general.--During the covered period, an entity
included for eligibility in subsection (b), including small
business concerns, private nonprofit organizations, and small
agricultural cooperatives, that applies for a loan under
section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)) in response to COVID-19 shall be provided an
advance that is, subject to paragraph (3), disbursed within 3
days after the Administrator receives an application from
such entity, unless the advance is specifically declined by
such entity.''.
SEC. 404. DATA TRANSPARENCY, VERIFICATION, AND NOTICES FOR
ECONOMIC INJURY DISASTER LOANS.
(a) In General.--Section 1110 of the CARES Act (15 U.S.C.
9009) is amended--
(1) by redesignating subsection (f) as subsection (j); and
(2) by inserting after subsection (e) the following new
subsections:
``(f) Data Transparency.--
``(1) In general.--In this subsection, the term `covered
application' means an application submitted to the
Administrator for a loan under section 7(b)(2) of the Small
Business Act (15 U.S.C. 636(b)(2)), including an application
for such a loan submitted by an eligible entity.
``(2) Weekly reports.--Not later than 1 week after the date
of enactment of this subsection, and weekly thereafter until
the end of the covered period, the Administrator shall
publish on the website of the Administration a report that
contains the following information:
``(A) For the week covered by the report, the number of
covered applications that the Administrator--
``(i) received;
``(ii) processed; and
``(iii) approved and rejected, including the percentage of
covered applications that the Administrator approved.
``(B) With respect to the covered applications that the
Administrator approved during that week, the number and
dollar amount of the loans made with respect to such
applications as part of a response to COVID-19.
``(C) The identification number, or other indicator showing
the order in which any application was received and intended
to be processed, for the most recent covered application
processed by the Administrator.
``(D) Demographic data with respect to applicants
submitting covered applications during the week covered by
the report and loans made pursuant to covered applications
during the week covered by the report, which shall include--
``(i) with respect to each such applicant or loan
recipient, as applicable, information regarding--
``(I) the geographic area in which the applicant or loan
recipient operates;
``(II) if applicable, the sex, race, and ethnicity of each
owner of the applicant or loan recipient, which the
individual may decline to provide;
``(III) the annual revenue of the applicant or loan
recipient;
``(IV) the number of employees employed by the applicant or
loan recipient;
``(V) whether the applicant or loan recipient is a for-
profit or nonprofit entity; and
[[Page S6139]]
``(VI) the industry in which the applicant or loan
recipient operates;
``(ii) the number of such loans made to agricultural
enterprises; and
``(iii) the average economic injury suffered by--
``(I) applicants, the covered applications of which the
Administrator approved; and
``(II) applicants, the covered applications of which the
Administrator rejected.
``(g) Verification of Business Eligibility.--
``(1) In general.--With respect to an application submitted
to the Administrator during the covered period for a loan
under section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)) in response to COVID-19, the Administrator shall
verify that each such applicant was in operation on January
31, 2020.
``(2) Report.--Not later than 30 days after the date of
enactment of this subsection, the Administrator shall submit
to Congress a report that describes the steps taken by the
Administrator to perform the verification required under
paragraph (1).
``(3) Sense of congress.--It is the sense of Congress that
the verification required under paragraph (1) constitutes
oversight that the Administrator is required to perform under
paragraph (15) of section 7(b) of the Small Business Act (15
U.S.C. 636(b)) with respect to entities receiving loans under
paragraph (2) of such section 7(b).
``(h) Notifications to Congress.--
``(1) Definitions.--In this subsection--
``(A) the term `appropriate committees of Congress' means--
``(i) the Committee on Small Business and Entrepreneurship
and the Subcommittee on Financial Services and General
Government of the Committee on Appropriations of the Senate;
and
``(ii) the Committee on Small Business and the Subcommittee
on Financial Services and General Government of the Committee
on Appropriations of the House of Representatives; and
``(B) the term `covered program, project, or activity'
means--
``(i) the program under this section;
``(ii) the loan program under section 7(b)(2) of the Small
Business Act (15 U.S.C. 636(b)(2));
``(iii) the authorized activities for amounts were
appropriated in response to the COVID-19 pandemic under the
heading `Small Business Administration--Salaries and
Expenses'; or
``(iv) any other program, project, or activity for which
funds are made available to the Administration to respond to
the COVID-19 pandemic.
``(2) Notice of approaching funding lapse.--The
Administrator shall submit to the appropriate committees of
Congress a notification not later than 2 days after the date
on which unobligated balances of amounts appropriated for a
fiscal year for any covered program, project, or activity are
less than 25 percent of the total amount appropriated for the
covered program, project, or activity for such fiscal year.
``(3) Monthly report.--The Administrator shall submit to
the appropriate committees of Congress a monthly report
detailing the current and future planned uses of amounts
appropriated in response to the COVID-19 pandemic under the
heading `Small Business Administration--Salaries and
Expenses', which shall include--
``(A) the number of employees hired and contractors
retained using such amounts;
``(B) the number of contracts with a total cost of more
than $5,000,000 entered into using such amounts;
``(C) a list of all sole source contracts entered into
using such amounts; and
``(D) any program changes, regulatory actions, guidance
issuances, or other initiatives relating to the response to
the COVID-19 pandemic.''.
(b) Retroactive Collection.--As soon as is practicable
after the date of enactment of this Act, the Administrator
shall collect the information required under section 1110(f)
of the CARES Act (15 U.S.C. 9009(f)), as amended by
subsection (a), from applicants that submitted covered
applications (as defined in such section 1110(f)) during the
period beginning on the date of enactment of the CARES Act
(Public Law 116-136) and ending on the date of enactment of
this Act.
SEC. 405. LIFELINE FUNDING FOR SMALL BUSINESS CONTINUITY,
ADAPTATION, AND RESILIENCY.
Section 1110 of the CARES Act (15 U.S.C. 9009), as amended
by section 404, is further amended by inserting after
subsection (i) (as added by such section) the following new
subsection:
``(i) Lifeline Funding for Small Business Continuity,
Adaptation, and Resiliency.--
``(1) Definitions.--In this subsection:
``(A) Agricultural enterprise.--The term `agricultural
enterprise' has the meaning given the term in section 18(b)
of the Small Business Act (15 U.S.C. 647(b)).
``(B) Covered entity.--The term `covered entity'--
``(i) means an eligible entity described in subsection (b)
of this section, if such eligible entity--
``(I) has not more than 50 employees; and
``(II) has suffered an economic loss of not less than 30
percent; and
``(ii) except with respect to an entity included under
section 123.300(c) of title 13, Code of Federal Regulations,
or any successor regulation, does not include an agricultural
enterprise.
``(C) Economic loss.--The term `economic loss' means, with
respect to a covered entity, the amount by which the gross
receipts of the covered entity declined during an 8-week
period between March 2, 2020, and December 31, 2020 (as
determined by the covered entity), relative to a comparable
8-week period immediately preceding March 2, 2020, or during
2019 (as determined by the covered entity).
``(D) Economically disadvantaged individual.--The term
`economically disadvantaged individual' means an economically
disadvantaged individual under section 124.104 of title 13,
Code of Federal Regulations, or any successor regulation.
``(E) Low-income community.--The term `low-income
community' has the meaning given the term in section 45D(e)
of the Internal Revenue Code of 1986.
``(F) Remote recreations enterprise.--The term `remote
recreational enterprise' means a covered entity that was in
operation on or before March 1, 2020, that can document an
economic loss caused by the closure of the United States and
Canadian border that restricted the ability of American
customers to access the location of the covered entity.
``(G) Small business concern.--The term `small business
concern' has the meaning given the term under section 3(a) of
the Small Business Act (15 U.S.C. 632(a)).
``(H) Socially disadvantaged individual.--The term
`socially disadvantaged individual' means a socially
disadvantaged individual under section 124.103 of title 13,
Code of Federal Regulations, or any successor regulation.
``(2) Procedure.--During the covered period, a covered
entity that applies for a loan under section 7(b)(2) of the
Small Business Act (15 U.S.C. 636(b)(2)) may request that the
Administrator provide funding for the purposes described in
paragraph (6).
``(3) Verification.--With respect to each request submitted
by an entity under paragraph (2), the Administrator shall--
``(A) not later than 14 days after the date on which the
Administrator receives the request, verify whether the entity
is a covered entity; and
``(B) if the Administrator verifies that the entity is a
covered entity under clause (i), and subject to paragraph
(8), disburse the funding requested by the covered entity not
later than 7 days after the date on which the Administrator
completes the verification.
``(4) Order of processing.--Subject to paragraph (8), the
Administrator shall process and approve requests submitted
under paragraph (2) in the order the Administrator receives
the requests.
``(5) Amount of funding.--
``(A) In general.--The amount of funding provided to a
covered entity that submits a request under paragraph (2)
shall be in an amount that is the lesser of--
``(i) the amount of working capital needed by the covered
entity for the 180-day period beginning on the date on which
the covered entity would receive the funding, as determined
by the Administrator using a methodology that is identical to
the methodology used by the Administrator to determine
working capital needs with respect to an application for a
loan submitted under section 7(b)(2) of the Small Business
Act (15 U.S.C. 636(b)(2)); or
``(ii) $50,000.
``(B) Entitlement to full amount.--A covered entity that
receives funding pursuant to a request submitted under
paragraph (2) shall be entitled to receive the full amount of
that funding, as determined under subparagraph (A), without
regard to--
``(i) if the applicable loan for which the covered entity
has applied under section 7(b)(2) of the Small Business Act
(15 U.S.C. 636(b)(2)) is approved, the amount of the loan;
``(ii) whether the covered entity accepts the offer of the
Administrator with respect to an approved loan described in
clause (i); or
``(iii) whether the covered entity has previously received
any amounts under subsection (e).
``(6) Use of funds.--A covered entity that receives funding
under this subsection--
``(A) may use the funding--
``(i) for any purpose for which a loan received under
section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)) may be used;
``(ii) for working capital needs, including investments to
implement adaptive changes or resiliency strategies to help
the eligible entity maintain business continuity during the
COVID-19 pandemic; or
``(iii) to repay any unpaid amount of--
``(I) a loan received under subsection (a)(36) or (b)(2) of
section 7 of the Small Business Act (15 U.S.C. 636); or
``(II) mortgage interest; and
``(B) may not use the funding to pay any loan debt, except
as provided in subparagraph (A)(iii).
``(7) Applicability.--In addition to any other restriction
imposed under this subsection, any eligibility restriction
applicable to a loan made under section 7(b)(2) of the Small
Business Act (15 U.S.C. 636(b)(2)), including any restriction
under section 123.300 or 123.301 of title 13, Code of Federal
Regulations, or any successor regulation, shall apply with
respect to funding provided under this subsection.
``(8) Priority.--During the 56-day period beginning on the
date of enactment of this subsection, the Administrator may
approve a request for funding under this subsection only if
the request is submitted by--
[[Page S6140]]
``(A) a covered entity located in a low-income community;
``(B) a covered entity owned or controlled by a veteran or
a member of the Armed Forces;
``(C) a covered entity owned or controlled by an
economically disadvantaged individual or a socially
disadvantaged individual; or
``(D) a remote recreational enterprise.
``(9) Administration.--In carrying out this subsection, the
Administrator may rely on loan officers and other personnel
of the Office of Disaster Assistance of the Administration
and other resources of the Administration, including
contractors of the Administration.
``(10) Retroactive effect.--Any covered entity that, during
the period beginning on January 1, 2020, and ending on the
day before the date of enactment of this subsection, applied
for a loan under section 7(b)(2) of the Small Business Act
(15 U.S.C. 636(b)(2)) may submit to the Administrator a
request under paragraph (2) with respect to that loan.
``(11) Authorization of appropriations.--There are
authorized to be appropriated to the Administrator
$40,000,000,000 to carry out this subsection, which shall
remain available through December 31, 2020, of which--
``(A) $20,00,000,000 is authorized to be appropriated to
provide funding to covered entities described in paragraph
(8); and
``(B) $20,000,000 is authorized to be appropriated to the
Inspector General of the Administration to prevent waste,
fraud, and abuse with respect to funding provided under this
subsection.''.
SEC. 406. MODIFICATIONS TO ECONOMIC INJURY DISASTER LOANS.
(a) Loans for New Borrowers.--With respect to a loan made
under section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)) to a borrower adversely impacted by COVID-19
during the period beginning on the date of enactment of this
Act and ending on December 31, 2020--
(1) the borrower shall be eligible for a loan in an amount
equal to 6 months of working capital if the borrower
otherwise meets the underwriting standards established by the
Administration; and
(2) the Administrator--
(A) shall not impose a maximum loan amount limit that is
lower than $2,000,000; and
(B) shall not disqualify any applicant for such a loan due
to the criminal history or arrest record of the applicant,
except in the case of an applicant that, during the 5-year
period preceding the date on which the applicant submits an
application, has been convicted--
(i) of a felony offense involving fraud, bribery, or
embezzlement in any State or Federal court; or
(ii) in connection with a false statement made in--
(I) a loan application; or
(II) an application for Federal financial assistance.
(b) Additional Loan for Existing Borrowers.--
(1) In general.--A recipient of a loan made under section
7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) to a
borrower adversely impacted by COVID-19 during the period
beginning on January 31, 2020, and ending on the date of
enactment of this Act may submit to the Administrator a
request for an additional amount to increase in the amount of
that loan, provided that the aggregate amount received under
such section by the recipient during that period shall be not
more than the lesser of--
(A) an amount equal to 6 months of working capital for the
recipient; and
(B) $2,000,000; and
(2) Consideration.--In considering a request submitted
under paragraph (1), the Administrator--
(A) may not recalculate the economic injury or
creditworthiness of the borrower; and
(B) shall issue a determination based on the documentation
submitted by the borrower for the initial loan under such
section 7(b)(2), any other new information voluntarily
provided by the borrower, and any information obtained to
prevent fraud or abuse.
(3) Additional documentation.--If the Administrator of the
Small Business Administration requires a borrower making a
request under paragraph (1) to provide additional
documentation, the Administrator shall--
(A) publish those documentation requirements on the website
of the Administration not later than 7 days after the date of
enactment of this Act; and
(B) proactively provide those requirements to any such
borrower that received a loan described in paragraph (1).
SEC. 407. PRINCIPAL AND INTEREST PAYMENTS FOR CERTAIN
DISASTER LOANS.
(a) In General.--The Administrator shall pay the principal,
interest, and any associated fees that are owed on a physical
disaster loan or a covered EIDL loan as follows:
(1) With respect to a physical disaster loan--
(A) not in deferment, for the 12-month period beginning
with the next payment due on such loan;
(B) in deferment, for the 12-month period beginning with
the next payment due on such loan after the deferment period;
and
(C) made on or after the date of enactment of this Act, for
the 12-month period beginning with the first payment due on
such loan.
(2) With respect to a covered EIDL loan--
(A) not in deferment, for the 12-month period beginning
with the next payment due on such loan; and
(B) in deferment, for the 12-month period beginning with
the next payment due on such loan after the deferment period.
(b) Timing of Payment.--The Administrator shall begin
making payments under subsection (a) not later than 30 days
after the date on which the first such payment is due.
(c) Application of Payment.--Any payment made by the
Administrator under subsection (a) shall be applied to the
physical disaster loan or a covered EIDL loan (as applicable)
such that the borrower is relieved of the obligation to pay
that amount.
(d) Definitions.--In this section:
(1) Physical disaster loan.--The term ``physical disaster
loan'' means a loan made under section 7(b)(1) of the Small
Business Act (15 U.S.C. 636(b)(1)) in a regular servicing
status.
(2) Covered eidl loan.--The term ``covered EIDL loan''
means a loan made under section 7(b)(2) of the Small Business
Act (15 U.S.C. 636(b)(2)) that--
(A) was approved by the Administrator before February 15,
2020; and
(B) is in a regular servicing status.
SEC. 408. TRAINING.
The Administrator shall develop and implement a plan to
train any staff responsible for implementing or administering
the loan program established under section 7(b)(2) of the
Small Business Act (15 U.S.C. 636(b)(2)) on specific
responsibilities with respect to such program. Such plan
shall be submitted to the Committee on Small Business of the
House of Representatives and the Committee on Small Business
and Entrepreneurship of the Senate.
SEC. 409. OUTREACH PLAN.
Not later than 30 days after the date of the enactment of
this Act, the Administrator shall submit to the Committee on
Small Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the
Senate an outreach plan to clearly communicate program and
policy changes to all offices of the Administration, small
business development centers (as defined in section 3 of the
Small Business Act (15 U.S.C. 632)), women's business centers
(described under section 29 of such Act (15 U.S.C. 656)),
chapters of the Service Corps of Retired Executives
(established under section 8(b)(1)(B) of such Act (15 U.S.C.
637(b)(1)(B))), Veteran Business Outreach Centers (described
under section 32 of such Act (15 U.S.C. 657b)), Members of
Congress, congressional committees, small business concerns
(as defined in section 3 of such Act (15 U.S.C. 632)), and
the public.
SEC. 410. REPORT ON BEST PRACTICES.
Not later than 60 days after the date of the enactment of
this Act, the Administrator shall submit to the Committee on
Small Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the
Senate a report on outlining the best practices to administer
the loan program established under section 7(b)(2) of the
Small Business Act (15 U.S.C. 636(b)(2)) during a pandemic.
SEC. 411. EXTENSION OF PERIOD OF AVAILABILITY FOR
ADMINISTRATIVE FUNDS.
Section 1107(a) of the CARES Act (15 U.S.C. 9006(a)) is
amended in the matter preceding paragraph (1) by striking
``until September 30, 2021'' and inserting ``until December
31, 2021, for amounts appropriated under paragraph (2), and
until September 30, 2021, for all other amounts appropriated
under this subsection''.
TITLE V--MICRO-SBIC AND EQUITY INVESTMENT ENHANCEMENT
SEC. 501. MICRO-SBIC PROGRAM.
Title III of the Small Business Investment Act of 1958 (15
U.S.C. 681 et seq.) is amended by adding at the end the
following:
``PART D--MICRO-SBIC PROGRAM
``SEC. 399A. MICRO-SBIC PROGRAM.
``(a) Establishment.--There is established in the
Administration a program to be known as the `Micro-SBIC
Program' under which the Administrator shall issue a license
to an applicant for the purpose of making loans to and
investments in small business concerns. An applicant licensed
under this section shall have the same benefits as an
applicant licensed under section 301.
``(b) Eligibility.--An applicant desiring to receive a
license to operate as a micro-SBIC shall submit an
application to the Administrator at such time, in such
manner, and containing such information as the Administrator
may require, including--
``(1) evidence that the applicant holds private capital of
not less than $5,000,000;
``(2) evidence that the management of the applicant is
qualified and has significant business expertise relevant to
the applicant's strategy; and
``(3) an election to receive a seed investment under
section 399C or leverage from the Administrator.
``(c) Issuance of License.--
``(1) Procedures.--
``(A) Status.--Not later than 90 days after the initial
receipt by the Administrator of an application under this
subsection, the Administrator shall provide the applicant
with a written report detailing the status of the application
and any requirements remaining for completion of the
application.
``(B) Approval or disapproval.--Except as provided in
subparagraph (C) and within a reasonable time after providing
the report under subparagraph (A) and in accordance
[[Page S6141]]
with such requirements as the Administrator may prescribe by
regulation, the Administrator shall--
``(i) approve the application and issue to the applicant a
license to operate as a micro-SBIC; or
``(ii) disapprove the application and notify the applicant
in writing of the disapproval.
``(C) Provisional approval.--The Administrator may provide
provisional approval for an applicant for a period of not
more than 12 months before making a final determination of
approval or disapproval under subparagraph (B).
``(D) Explanation of disapproval.--An applicant may submit
to the Administrator a request for a written explanation
regarding the disapproval of an application under
subparagraph (B)(ii).
``(2) Appeals.--
``(A) Disapproved applications.--With respect to an
application that is disapproved under paragraph (1)(B)(iii)--
``(i) not later than 30 days after the date on which the
application is disapproved, the applicant may submit an
appeal to the Chair of the Investment Division Licensing
Committee of the Administration (referred to in this
subparagraph as the `Chair'); and
``(ii) not later than 30 days after the date on which the
applicant submits an appeal under clause (i), the Chair shall
issue a ruling with respect to the appeal and notify the
applicant regarding such ruling.
``(B) Denial of appeal.--With respect to an application
that the Chair denies in an appeal submitted under
subparagraph (A)--
``(i) not later than 30 days after the date on which the
Chair submits the notification required under subparagraph
(A)(ii), the applicant may submit to the Administrator an
appeal of the ruling made by the Chair; and
``(ii) not later than 30 days after the date on which the
applicant submits an appeal under clause (i), the
Administrator shall issue a final ruling with respect to the
appeal and notify the applicant regarding such ruling.
``(3) Priority.--In reviewing applications and issuing
licenses under this section, the Administrator shall give
priority to an applicant the management of which consists of
at least two socially disadvantaged individuals or
economically disadvantaged individuals and at least one track
record investment committee member.
``(4) Expedited procedures.--The Administrator shall
establish expedited procedures for the consideration of an
application submitted under subsection (b), including a
written report under paragraph (1)(A) not later than 45 days
after the initial receipt of an application, for--
``(A) a small business investment companies licensed under
section 301;
``(B) a rural business investment company; or
``(C) a bank-owned applicant.
``(d) Maximum Leverage.--
``(1) In general.--For a micro-SBIC that elects to receive
leverage under subsection (b)(3), the maximum amount of
outstanding leverage made available to any one micro-SBIC may
not exceed--
``(A) 50 percent of the private capital of such micro-SBIC,
not to exceed $25,000,000; or
``(B) in the case of a micro-SBIC owned by persons who also
own a small business investment company licensed under
section 301, 100 percent of the private capital of such
micro-SBIC, not to exceed $50,000,000.
``(2) Investments in certain businesses.--In calculating
the outstanding leverage of a micro-SBIC for purposes of
paragraph (1), the Administrator shall exclude the amount of
the cost basis of any investments made in an early-stage
small business, growth-stage small business, scale-up small
business, or covered small business in an amount not to
exceed--
``(A) $25,000,000; or
``(B) in the case of a micro-SBIC owned by persons who also
own a small business investment company licensed under
section 301, $50,000,000.
``SEC. 399B. MICRO-SBIC PROGRAM REQUIREMENTS.
``(a) Surrender of License.--A micro-SBIC that voluntarily
surrenders a license issued under this section shall enter
into an agreement with Administrator for the repayment of
leverage received. Such agreement may not require the micro-
SBIC to immediately repay all leverage received.
``(b) Administration.--To the extent practicable, for a
micro-SBIC that elects to receive leverage under section
399A(b)(3), the Administrator shall administer the Micro-SBIC
Program in a similar manner to the program under section 301.
``SEC. 399C. SEED INVESTMENT PROGRAM.
``(a) Establishment.--The Administrator shall establish and
carry out an equity investment program (in this part referred
to as the `Seed Investment Program') to provide seed
investments to a micro-SBIC to invest in small business
concerns.
``(b) Application.--A micro-SBIC that elects to receive a
seed investment under section 399A(b)(3) shall submit to the
Administrator an application that includes the following:
``(1) A business plan describing how the applicant intends
to make successful investments in early-stage small
businesses, growth-stage small businesses, scale-up small
businesses, or covered small businesses, as applicable.
``(2) A description of the extent to which the applicant
meets the selection criteria under subsection (c).
``(c) Selection.--
``(1) In general.--Not later than 90 days after the date of
receipt of an application under subsection (b), the
Administrator shall make a final determination to approve or
disapprove the applicant as a participant in the Seed
Investment Program and shall submit such determination to the
applicant in writing.
``(2) Criteria.--In making a determination under paragraph
(1), the Administrator shall consider each of the following
criteria:
``(A) The likelihood that the applicant will meet the goals
specified in the business plan of the applicant.
``(B) The likelihood that the investments of the applicant
will directly and indirectly create or preserve jobs.
``(C) The character and fitness of the management of the
applicant.
``(D) The experience and background of the management of
the applicant.
``(E) The extent to which the applicant will concentrate
investment activities on early-stage small businesses,
growth-stage small businesses, scale-up small businesses, or
covered small businesses, as applicable.
``(F) The likelihood that the applicant will achieve
profitability.
``(G) The experience of the management of the applicant
with respect to establishing a profitable investment track
record.
``SEC. 399D. REQUIREMENTS FOR SEED INVESTMENTS.
``(a) In General.--The Administrator may make one seed
investment to a Program participant, which shall be held in
an account from which the Program participant may make
withdrawals.
``(b) Amounts.--
``(1) Non-federal capital.--A seed investment made to a
Program participant may not exceed the amount of capital of
such Program participant that--
``(A) is not from a Federal source; and
``(B) that is available for investment, including through
legally binding commitments, on or before the date on which
the seed investment is approved.
``(2) Limitation on amount.--The amount of a seed
investment made to a Program participant may not exceed the
lesser of--
``(A) $25,000,000; or
``(B) 100 percent of the private capital committed to the
Program participant.
``(c) Process.--
``(1) In general.--Amounts held in an account under this
section shall remain available to a Program participant--
``(A) for initial seed investments, during the 5-year
period beginning on the date on which the Program participant
first accesses amounts from the account; and
``(B) for follow-on investments and management fees, during
the 10-year period beginning on the date on which the Program
participant first accesses amounts from the account.
``(2) Extension.--Upon request by a Program participant,
the Administrator may grant a 1-year extension of the period
described in paragraph (1)(B) not more than 2 times.
``(3) Use of amounts.--A Program participant shall invest
all amounts in the account during the 10-year period
beginning on the date on which the Program participant first
accesses amounts from the account.
``(d) Priority.--The Administrator shall prioritize making
seed investments under this section to Program participants
in underlicensed States.
``(e) Investments in Certain Businesses.--
``(1) In general.--A Program participant that receives a
seed investment under this part shall make all of the
investments of such Program participant in small business
concerns, of which at least 50 percent shall be in covered
small businesses.
``(2) Minority positions.--On the date on which a Program
participant first accesses amounts from such seed investment,
the Program participant may not own or control not more than
50 percent of the shares of any small business concern in
which such Program participant invests. A Program participant
shall not pursue a buyout strategy as a primary purpose of an
investment in such a small business concern, but may take
control in follow-on investments if necessary for the success
of any such small business concern.
``(3) Evaluation of compliance.--The Administrator shall
evaluate the compliance of a Program participant with the
requirements under this section once such Program participant
has expended 75 percent of the amount of a seed investment
made under this part.
``(f) Seed Investment Interest.--
``(1) In general.--
``(A) In general.--Subject to paragraph (4), a Program
participant that receives a seed investment under the Program
shall convey a seed investment interest to the Administrator
in accordance with subparagraph (B).
``(B) Effect of conveyance.--The seed investment interest
conveyed under paragraph (1) shall have all the rights and
attributes of other investors with respect to the Program
participant, but shall not assign control or voting rights to
the Administrator. The seed investment interest shall entitle
the Administrator to a pro rata portion of any distributions
made by the Program participant equal to the percentage of
capital in the Program participant that the seed investment
comprises. The Administrator shall receive distributions from
the Program participant at the same times and in the same
amounts as
[[Page S6142]]
any other investor in the Program participant with a similar
interest. The Program participant shall make allocations of
income, gain, loss, deduction, and credit to the
Administrator with respect to the seed investment interest as
if the Administrator were an investor.
``(2) Manager profits.--The manager profits interest
payable to the managers of a Program participant shall not
exceed 20 percent of profits, exclusive of any profits that
may accrue as a result of the capital contributions of any
such managers with respect to such Program participant. Any
excess of this amount, less taxes payable thereon, shall be
returned by the managers and paid to the investors and the
Administrator in proportion to the capital contributions and
seed investments paid in. No manager profits interest (other
than a tax distribution) shall be paid prior to the repayment
to the investors and the Administrator of all contributed
capital and seed investments made. A manager of a Program
participant may charge reasonable and customary management
and organizational fees.
``(3) Distribution requirements.--A Program participant
that receives a seed investment under the Program shall make
all distributions to all investors in cash and shall make
distributions within a reasonable time after exiting
investments, including following a public offering or market
sale of underlying investments.
``(4) Limitation on grant profits.--Once the Administrator
has received an amount equal to 110 percent of the amount of
the seed investment made to a Program participant, the
requirement to convey seed investment interest under this
subsection shall be terminated and no further distributions
of profits shall be made to the Administrator.
``SEC. 399E. ADMINISTRATION.
``(a) Electronic Submissions.--The Administrator shall
permit the electronic submission of any document submitted
under this part or pursuant to a regulation carrying out this
part, including by permitting an electronic signature for any
signature that is required on such a document.
``(b) Application of Penalties.--To the extent not
inconsistent with requirements under this part, the
Administrator may take such action as set forth in sections
309, 311, 312, 313, and 314 to activities under this part and
an officer, director, employee, agent, or other participant
in a micro-SBIC shall be subject to the requirements under
such sections.
``SEC. 399F. REPORT.
``The Administrator shall include in the annual report
required under section 10(a) of the Small Business Act a
description of--
``(1) the number of applications received under this part,
including the number of applications received from applicants
for which the management consists of at least two socially
disadvantaged individuals or economically disadvantaged
individuals; and
``(2) the number of licenses issued under section 399A,
including the number of such licenses issued to applicants
for which the management consists of at least two socially
disadvantaged individuals or economically disadvantaged
individuals.
``SEC. 399G. DEFINITIONS.
``In this part:
``(1) Applicant.--The term `applicant' means--
``(A) an incorporated body, a limited liability
corporation, or a limited partnership organized and chartered
or otherwise existing under State law solely for the purpose
of performing the functions and conducting the activities
contemplated under this section; or
``(B) a bank-owned applicant, rural business investment
company, or small business investment company licensed under
section 301 that submits an application to operate as a
micro-SBIC under section 399A.
``(2) Bank-owned applicant.--the term `bank-owned
applicant' means an applicant for a license to operate as a
small business investment company under this part that--
``(A) is a national bank or any member bank of the Federal
Reserve System or nonmember insured bank that bears the same
name as the small business investment company that is the
subject of the application;
``(B) is domestically domiciled within the United States;
and
``(C) has not had a license issued under this Act revoked
or involuntarily surrendered during the 10-year period
preceding the date on which the application is submitted;
``(3) Covered small business.--The term `covered small
business' means a small business concern that--
``(A) is a small business concern owned and controlled by
women (as defined in section 3(n) of the Small Business Act),
small business concern owned and controlled by socially and
economically disadvantaged individuals (as defined in section
8(d)(3)(C) of such Act), a small business concern owned and
controlled by veterans (as defined in section 3(q) of such
Act) or a Tribal business concern (as described in section
31(b)(2)(C) of such Act);
``(B) has its principal place of business located in a
rural census tract (as determined under the most recent rural
urban commuting area code as set forth by the Office of
Management and Budget);
``(C) is a domestic manufacturing business that is assigned
a North American Industry Classification System code
beginning with 31, 32, or 33 at the time at which the small
business concern receives an investment from a micro-SBIC
under this section; or
``(D) either--
``(i) had gross receipts during the first or second quarter
in 2020 that are not less than 50 percent less than the gross
receipts of the concern during the same quarter in 2019;
``(ii) if the concern was not in business during the first
or second quarter of 2019, but was in business during the
third and fourth quarter of 2019, had gross receipts during
the first or second quarter of 2020 that are less than 50
percent of the amount of the gross receipts of the concern
during the third or fourth quarter of 2019;
``(iii) if the concern was not in business during the
first, second, or third quarter of 2019, but was in business
during the fourth quarter of 2019, had gross receipts during
the first or second quarter of 2020 that are less than 50
percent of the amount of the gross receipts of the concern
during the fourth quarter of 2019; or
``(iv) if the concern was not in business during 2019, but
was in operation on February 15, 2020, had gross receipts
during the second quarter of 2020 that are less than 50
percent of the amount of the gross receipts of the concern
during the first quarter of 2020.
``(4) Early-stage small business.--The term `early-stage
small business' means a small business concern that--
``(A) is domestically domiciled within the United States;
``(B) during the 3-year period preceding the date of
application, has not generated gross annual sales revenues
exceeding $15,000,000;
``(C) produces a majority of its goods or provides a
majority of its services in the United States; and
``(D) does not move production or employment outside the
United States.
``(5) Economically disadvantaged individual; socially
disadvantaged individual.--The terms `economically
disadvantaged individual' and `socially disadvantaged
individual' have the meanings given, respectively, in section
8(a) of the Small Business Act.
``(6) Growth-stage small business.--The term `growth-stage
small business' means a small business concern that--
``(A) is domestically domiciled within the United States;
``(B) during the 3-year period preceding the date of
application, has not generated gross annual sales revenues
exceeding $30,000,000;
``(C) produces a majority of its good or provides a
majority of its services in the United States; and
``(D) does not move production or employment outside the
United States.
``(7) Management.--The term `management' means a general
partner of an applicant or member of the investment committee
of an applicant.
``(8) Micro-SBIC.--The term `micro-SBIC' means an applicant
licensed under section 399A.
``(9) Program participant.--The term `Program participant'
means a micro-SBIC that received a seed investment under the
Seed Investment Program established by section 399C.
``(10) Scale-up small business.--The term `scale-up small
business' means a small business concern that--
``(A) is domestically domiciled within the United States;
``(B) during the 3-year period preceding the date of
application, has not generated earnings before interest, tax,
depreciation, and amortization in excess of $3,000,000;
``(C) produces a majority of its goods or provides a
majority of its services in the United States; and
``(D) does not move production or employment outside the
United States.
``(11) Small business concern.--The term `small business
concern' has the meaning given under section 3(a) of the
Small Business Act (15 U.S.C. 632(a)).
``(12) Track record investment committee member.--The term
`track record investment committee member' means a current or
former small business investment company licensed under
section 301, a private small- and lower-middle-market venture
capital firm, or a private equity fund manager with the
knowledge, experience, and capability necessary to serve as
management for an applicant.
``(13) United states.--The term `United States' means each
of the several States, the District of Columbia, each
territory or possession of the United States, and each
federally recognized Indian Tribe.
``SEC. 399H. FUNDING.
``(a) Authorization of Appropriations.--There is authorized
to be appropriated to the revolving fund established under
subsection (b) $1,000,000,000 for the first full fiscal year
beginning after the date of the enactment of this part to
carry out the requirements of this part.
``(b) Revolving Fund.--There is created within the
Administration a separate revolving fund for the Seed
Investment Program established under section 399C, which
shall be available to the Administrator subject to annual
appropriations. All amounts received by the Administrator,
including any money, property, or assets derived by the
Administrator from operations in connection with the Seed
Investment Program, including repayments of seed investments,
shall be deposited in the revolving fund. All expenses and
payments, excluding administrative expenses, pursuant to the
operations of the Administrator under the Seed Investment
Program shall be paid from the revolving fund.''.
[[Page S6143]]
TITLE VI--MISCELLANEOUS
SEC. 601. REPEAL OF UNEMPLOYMENT GRANTS.
Section 1110(e)(6) of the CARES Act (15 U.S.C. 9009) is
repealed.
SEC. 602. SUBSIDY FOR CERTAIN LOAN PAYMENTS.
(a) In General.--Section 1112 of the CARES Act (15 U.S.C.
9011) is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by inserting
``, without regard to the date on which the covered loan is
fully disbursed and subject to availability of funds'' after
``status''; and
(ii) by amending subparagraphs (A), (B), and (C) to read as
follows:
``(A) with respect to a covered loan approved by the
Administration before the date of enactment of this Act and
not on deferment--
``(i) except as provided in clauses (ii) and (iii), for the
6-month period beginning with the next payment due on the
covered loan after the covered loan is fully disbursed;
``(ii) for the 11-month period beginning with the next
payment due on the covered loan after the covered loan is
fully disbursed, with respect to a covered loan that--
``(I) is described in subsection (a)(1)(B) or is a loan
guaranteed by the Administration under section 7(a) of the
Small Business Act (15 U.S.C. 636(a)) other than a loan
described in clause (i) or (ii) of subsection (a)(1)(A); and
``(II) is made to a borrower operating primarily in an
industry that is assigned a North American Industry
Classification System code beginning with 21, 31, 32, 33, 44,
45, 48, 49, 51, 53, 54, 56, 62, or 81; and
``(iii) for the 18-month period beginning with the next
payment due on the covered loan after the covered loan is
fully disbursed, with respect to--
``(I) a covered loan described in paragraph (1)(A)(i) or
paragraph (2) of subsection (a); or
``(II) any covered loan made to a borrower operating
primarily in an industry that is assigned a North American
Industry Classification System code of 485510 or that begins
with 61, 71, or 72;
``(B) with respect to a covered loan approved by the
Administration before the date of enactment of this Act and
on deferment--
``(i) except as provided in clauses (ii) and (iii), for the
6-month period beginning with the next payment due on the
covered loan after the deferment period and after the covered
loan is fully disbursed;
``(ii) for the 11-month period beginning with the next
payment due on the covered loan after the deferment period
and after the covered loan is fully disbursed, with respect
to a covered loan described in subclause (I) or (II) of
subparagraph (A)(ii); and
``(iii) for the 18-month period beginning with the next
payment due on the covered loan after the deferment period
and after the covered loan is fully disbursed, with respect
to a covered loan described in subclause (I) or (II) of
subparagraph (A)(iii); and
``(C) with respect to a covered loan made during the period
beginning on the date of enactment of this Act and ending on
the date that is 30 months after such date of enactment--
``(i) except as provided in clause (ii), for the 6-month
period beginning with the first payment due after the loan is
fully disbursed; and
``(ii) for a covered loan described in paragraph (1)(A)(i)
or (2) of subsection (a) that is approved by the
Administrator, for the 18-month period beginning with the
first payment due after the loan is fully disbursed.''; and
(B) by adding at the end the following:
``(4) Additional provisions for new loans.--With respect to
a loan described in paragraph (1)(C)--
``(A) the Administrator may further extend the 30-month
period described in paragraph (1)(C) if there are sufficient
funds to continue those payments; and
``(B) during the underwriting process, a lender of such a
loan may consider the payments under this section as part of
a comprehensive review to determine the ability to repay.
``(5) Eligibility.--Eligibility for a covered loan to
receive such payments of principal, interest, and any
associated fees under this subsection shall be based on the
date on which the covered loan is approved by the
Administration.
``(6) Authority to revise extensions.--
``(A) In general.--As part of preparing the reports under
subsection (i)(5) that are required to be submitted not later
than January 15, 2021, and not later than June 15, 2021, the
Administrator shall conduct an evaluation of whether amounts
made available to make payments under this subsection are
sufficient to make the payments for the period described in
paragraph (1).
``(B) Plan.--If the Administrator determines under
subparagraph (A) that the amounts made available to make
payments under this subsection are insufficient, the
Administrator shall--
``(i) develop a plan to proportionally reduce the number of
months provided for each period described in paragraph (1),
which shall include the goal of using all available amounts
made available to make payments under this subsection; and
``(ii) before taking action under the plan developed under
clause (i), include in the applicable report under subsection
(i)(5) the plan and the data that informs the plan.
``(7) Rule of construction.--Nothing in this subsection
shall preclude a borrower from receiving full payments of
principal, interest, and any associated fees as authorized by
subsection, regardless of the application of a plan
implemented under paragraph (6)(B).'';
(2) by redesignating subsection (f) as subsection (j); and
(3) by inserting after subsection (e) the following:
``(f) Eligibility for New Loans.--
``(1) In general.--With respect to a covered loan made on
or after the date of enactment of the PPP and EIDL
Enhancement Act of 2020, the covered loan shall have a
maturity of not less than 48 months in order to be eligible
for payments made under this section.
``(2) Lending programs.--The minimum maturity requirements
of paragraph (1) shall not prohibit the Administrators from
establishing a minimum maturity of longer than 48 months for
a loan described under subsection (a), taking into
consideration the normal underwriting requirements for each
such program.
``(g) Limitation on Assistance.--A borrower may not receive
assistance under subsection (c) for more than 1 covered loan
of the borrower described in paragraph (1)(C) of that
subsection.
``(h) Reporting and Outreach.--
``(1) Update to website.--Not later than 7 days after the
date of enactment of the PPP and EIDL Enhancement Act of
2020, the Administrator shall update the website of the
Administration to describe the requirements relating to
payments made under this section.
``(2) Publication of list.--Not later than 14 days after
the date of enactment of the PPP and EIDL Enhancement Act of
2020, the Administrator shall transmit to each lender of a
covered loan a list of each borrower of a covered loan that
includes the North American Industry Classification System
code assigned to the borrower, to assist the lenders in
identifying which borrowers qualify for an extension of
payments under subsection (c).
``(3) Education and outreach.--
``(A) In general.--The Administrator shall provide
education and outreach to lenders, borrowers, district
offices, and resource partners of the Administration in order
to ensure full and proper compliance with this section,
encourage broad participation with respect to covered loans
that have not yet been approved by the Administrator, and
help lenders transition borrowers from subsidy payments under
this section directly to a deferral when suitable for the
borrower.
``(B) Resource partners defined.--In this paragraph, the
term `resource partners ' means small business development
centers (as defined in section 3 of the Small Business Act
(15 U.S.C. 632)), women's business centers (described under
section 29 of such Act (15 U.S.C. 656)), chapters of the
Service Corps of Retired Executives (established under
section 8(b)(1)(B) of such Act (15 U.S.C. 637(b)(1)(B))), and
Veteran Business Outreach Centers (described under section 32
of such Act (15 U.S.C. 657b)).
``(4) Notification.--Not later than 30 days after the date
of enactment of the PPP and EIDL Enhancement Act of 2020, the
Administrator shall mail a letter to each borrower of a
covered loan that includes--
``(A) an overview of payments made under this section;
``(B) the rights of the borrower to receive such payments;
``(C) how to seek recourse with the Administrator or the
lender of the covered loan if the borrower has not received
such payments; and
``(D) the rights of the borrower to request a loan deferral
from a lender, and guidance on how to do successfully
transition directly to a loan deferral once subsidy payments
under this section are concluded.
``(5) Monthly reporting.--Not later than the 15th of each
month beginning after the date of enactment of the PPP and
EIDL Enhancement Act of 2020, the Administrator shall submit
to Congress a report on payments made under this section,
which shall include--
``(A) monthly and cumulative data on payments made under
this section as of the date of the report, including a
breakdown by--
``(i) the number of participating borrowers;
``(ii) the volume of payments made for each type of covered
loan; and
``(iii) the volume of payments made for covered loans made
before the date of enactment of this Act and loans made after
such date of enactment;
``(B) the names of any lenders of covered loans that have
not submitted information on the covered loans to the
Administrator during the preceding month; and
``(C) an update on the education and outreach activities of
the Administration carried out under paragraph (3).
``(i) Regulations.--Not later than 30 days after the date
of enactment of the PPP and EIDL Enhancement Act of 2020, the
Administrator shall issue rules to guard against abuse or
excessive and unintended use by lenders or borrowers of the
payments provided under this section.''.
(b) Effective Date.--The amendments made by this section
shall apply as if included in the enactment of section 1112
of the CARES Act (15 U.S.C. 9011).
SEC. 603. MODIFICATIONS TO 7(A) LOAN PROGRAMS.
(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
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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) Prospective repeal.--Effective October 1, 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 Loans.--
(1) Loan amount.--Section 1102(c)(2) of the CARES Act
(Public Law 116-36; 15 U.S.C. 636 note) is amended to read as
follows:
``(2) Prospective repeal.--Section 7(a)(31)(D) of the Small
Business Act (15 U.S.C.
``(A) by striking `$1,000,000' and inserting `$500,000',
effective during the period beginning on January 1, 2021, and
ending on September 30, 2021; and
``(B) (B) by striking `$500,000' and inserting `$350,000',
effective October 1, 2021.''.
(2) Guarantee rates.--
(A) 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 75 percent; and
``(II) for a loan in an amount greater than $350,000, of
not more than 50 percent.''.
(B) Prospective repeal.--Effective October 1, 2021, section
7(a)(31)(A)(iv) of the Small Business Act (15 U.S.C.
636(a)(31)), as amended by subparagraph (A), 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. 604. 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 may allow
lenders under this subsection--
``(i) to provide full payment deferment relief (including
payment of principal and interest) for a period of not more
than 1 year; and
``(ii) to 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. 605. 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 new subparagraph:
``(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.'';
(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.'';
and
(D) in paragraph (11)--
(i) in subparagraph (C)(ii), by striking all after the
semicolon and inserting ``and''; and
(ii) by striking all after subparagraph (C), and inserting
the following:
``(D) the term `economically distressed area', as used in
paragraph (4), means a county or equivalent division of local
government of a State in which the small business concern is
located, in which, according to the most recent data
available from the Bureau of the Census, Department of
Commerce, not less than 40 percent of residents have an
annual income that is at or below the poverty level.''.
(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 new subsection:
``(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. 606. MAXIMUM LOAN AMOUNT FOR 504 LOANS.
(a) Permanent Increase for Small Manufacturers.--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 ``$6,500,000''.
(b) Low-interest Refinancing Under the Local Development
Business Loan Program.--
(1) Repeal.--Section 521(a) of title V 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
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``(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.''.
(c) Refinancing Senior Project Debt.--During the 1-year
period beginning on 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. 607. 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. 608. EXTENSION OF PARTICIPATION IN 8(A) PROGRAM.
(a) In General.--The Administrator shall ensure that a
small business concern participating in the program
established under section 8(a) of the Small Business Act on
or before March 13, 2020, may elect to extend such
participation by a period of 1 year, regardless of whether
such concern previously elected to suspend participation in
such program pursuant to guidance of the Administrator.
(b) Emergency Rulemaking Authority.--Not later than 15 days
after the date of enactment of this section, the
Administrator shall issue regulations to carry out this
section without regard to the notice requirements under
section 553(b) of title 5, United States Code.
SEC. 609. REPORT ON MINORITY, WOMEN, AND RURAL LENDING.
Not later than 90 days after the date of the enactment of
this Act, the Administrator shall submit to the Committee on
Small Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the
Senate a report to determine and quantify the extent to which
the programs established under subsections (a) and (m) of
section 7 of the Small Business Act, titles III and V of the
Small Business Investment Act of 1958, and the Community
Advantage Pilot Program of the Small Business Administration
have assisted in the establishment, development, and
performance of small business concerns owned and controlled
by socially and economically disadvantaged individuals (as
defined in section 8(d)(3)(C) of the Small Business Act),
small business concerns owned and controlled by women (as
defined in section 3 of such Act), and rural small
businesses, including recommendations to improve such access
to capital programs.
SEC. 610. COMPREHENSIVE PROGRAM GUIDANCE.
Not later than 7 days after the date of the enactment of
this Act, the Administrator shall--
(1) establish a process for accepting applications for loan
forgiveness under section 1106 of the CARES Act (15 U.S.C.
9005);
(2) issue a comprehensive compilation of rules and guidance
issued related to covered loans made under section 7(a)(36)
of the Small Business Act (15 U.S.C. 636(a)(36)); and
(3) before accepting applications for supplemental covered
loans under clause (ii) of section 7(a)(36)(B) of the Small
Business Act (15 U.S.C. 636(a)(36)(B)), as added by section
202 of this division, the Administrator shall issue
comprehensive rules and guidance to ensure that borrowers and
lenders are aware of eligibility and terms of receiving a
supplemental covered loan and the process for forgiveness of
a supplemental covered loan.
SEC. 611. REPORTS ON PAYCHECK PROTECTION PROGRAM.
(a) Report to Congress.--Within 30 days after the date of
the enactment of this Act, and every 30 days thereafter until
the end of the covered period described under section
7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)),
the Secretary of the Treasury and the Administrator shall
submit to the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate a report, in a searchable
digital format, that includes, with respect to each covered
loan made under such section 7(a)(36)--
(1) the business name, address, and ZIP Code of each
recipient of the covered loan;
[[Page S6146]]
(2) the North American Industry Classification System code
and the type of entity of each such recipient;
(3) demographic data of each such recipient;
(4) the number of jobs supported by the covered loan;
(5) loan forgiveness data; and
(6) the amount and origination date of the covered loan.
(b) Publicly Available Report.--
(1) Larger covered loans.--Within 30 days after the date of
the enactment of this Act, and every 30 days thereafter until
the end of the covered period described under section
7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)),
for covered loans made under such section 7(a)(36) in an
amount greater than or equal to $150,000, the Secretary of
the Treasury and the Administrator shall make publicly
available--
(A) the information described under paragraphs (1) through
(4) of subsection (a); and
(B) the loan size range, of those listed below, that the
covered loan belongs--
(i) greater than or equal to $150,000 and less than
$350,000;
(ii) greater than or equal to $350,000 and less than
$1,000,000;
(iii) greater than or equal to $1,000,000 and less than
$2,000,000;
(iv) greater than or equal to $2,000,000 and less than
$5,000,000; and
(v) greater than or equal to $5,000,000 and less than
$10,000,000.
(2) Smaller covered loans.--Within 30 days after the date
of the enactment of this Act, and every 30 days thereafter
until the end of the covered period described under section
7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)),
for covered loans made under such section 7(a)(36) in an
amount less than $150,000, the Secretary of the Treasury and
the Administrator shall make publicly available the total
number of covered loans made and the amount of each covered
loan, disaggregated by ZIP Code of each recipient, industry
of each recipient, business type of each recipient, and
demographic categories of each recipient.
(3) Publication.--Information provided under paragraphs (1)
and (2) shall be made publicly available in a searchable
digital format on websites of the Department of the Treasury
and the Small Business Administration.
SEC. 612. PROHIBITING CONFLICTS OF INTEREST FOR SMALL
BUSINESS PROGRAMS UNDER THE CARES ACT.
Section 4019 of the CARES Act (15 U.S.C. 9054) 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) section 7(a)(36) of the Small Business Act (15 U.S.C.
636(a)(36));
``(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 ``section 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 ``Federal
Reserve System''; and
(D) by inserting ``or to receive the small business
assistance'' after ``in that transaction''.
SEC. 613. INCLUSION OF SCORE AND VETERAN BUSINESS OUTREACH
CENTERS IN ENTREPRENEURIAL DEVELOPMENT
PROGRAMS.
(a) In General.--Section 1103(a)(2) of the CARES Act (15
U.S.C. 9002(a)(2)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
and
(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 (15
U.S.C. 9006(a)(4)) 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. 614. CLARIFICATION OF USE OF CARES ACT FUNDS FOR SMALL
BUSINESS DEVELOPMENT CENTERS.
Section 1103(b)(3)(A) of the CARES Act (15 U.S.C.
9002(b)(3)(A)) is amended by adding at the end the following
new sentence: ``Funds awarded under this paragraph shall be
in addition to any amounts appropriated for grants under
section 21(a) of the Small Business Act, and may be used to
complement and support those appropriated program grants to
assist small business concerns, with prioritization of such
concerns affected directly or indirectly by COVID-19 as
described in paragraph (2).''.
SEC. 615. FUNDING FOR THE OFFICE OF INSPECTOR GENERAL OF THE
SMALL BUSINESS ADMINISTRATION.
Section 1107(a)(3) of the CARES Act (15 U.S.C. 9006(a)(3))
is amended by striking ``September 30, 2024'' and inserting
``expended''.
SEC. 616. EXTENSION OF WAIVER OF MATCHING FUNDS REQUIREMENT
UNDER THE WOMEN'S BUSINESS CENTER PROGRAM.
Section 1105 of the CARES Act (15 U.S.C. 9004) is amended
by striking ``During the 3-month period beginning on the date
of enactment of this Act,'' and inserting ``Until December
31, 2020,''.
SEC. 617. ACCESS TO SMALL BUSINESS ADMINISTRATION INFORMATION
AND DATABASES.
Section 19010 of Division B of the CARES Act (Public Law
116-136) is amended by--
(1) redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Small Business Administration Databases.--
``(1) In general.--In conducting monitoring and oversight
under this section, the Comptroller General, upon notice to
the Administrator of the Small Business Administration, shall
have direct access to all information collected or produced
in connection with the administration of programs or
provision of assistance carried out by the Administrator,
including direct access to any information technology systems
maintained or utilized by the Administrator to collect,
process, or analyze documents or information submitted by
borrowers, lenders, or others in connection with any such
program or provision of assistance. In this subsection, the
term `direct access' means secured access to the information
technology systems maintained by the Administrator that would
enable the Comptroller General to independently access, view,
download, and retrieve data from such systems.
``(2) Information technology systems.--The Administrator of
the Small Business Administration shall appropriately
identify and classify any sensitive information contained in
an information technology system accessed by the Comptroller
General.''.
SEC. 618. SMALL BUSINESS LOCAL RELIEF PROGRAM.
(a) Establishment.--There is established in the Department
of the Treasury a Small Business Local Relief Program to
allocate resources to States, units of general local
government, and Indian Tribes to provide assistance to
eligible entities and organizations that assist eligible
entities.
(b) Funding.--
(1) Funding to states, localities, and indian tribes.--
(A) In general.--The Secretary of the Treasury shall
allocate--
(i) $10,250,000,000 to States and units of general local
government in accordance with subparagraph (B)(i);
(ii) $4,250,000,000 to States in accordance with
subparagraph (B)(ii); and
(iii) $500,000,000 to the Secretary of Housing and Urban
Development for allocations to Indian Tribes in accordance
with subparagraph (B)(iii).
(B) Allocations.--
(i) Formula for states and units of general local
government.--Of the amount described under subparagraph
(A)(i)--
(I) 70 percent shall be allocated to entitlement
communities in accordance with the formula under section
106(b) of the Housing and Community Development Act of 1974
(42 U.S.C. 5306(b)); and
(II) 30 percent shall be allocated to States, for use in
nonentitlement areas, in accordance with the formula under
section 106(d)(1) of such Act (42 U.S.C. 5306(d)(1)).
(ii) Rural bonus formula for states.--The Secretary shall
allocate the amount described under subparagraph (A)(ii) to
States, for use in nonentitlement areas, in accordance with
the formula under section 106(d)(1) of such Act (42 U.S.C.
5306(d)(1)).
(iii) Competitive awards to indian tribes.--
(I) In general.--The Secretary of Housing and Urban
Development shall allocate to Indian Tribes on a competitive
basis the amount described under subparagraph (A)(iii).
(II) Requirements.--In making allocations under subclause
(I), the Secretary of Housing and Urban Development shall, to
the greatest extent practicable, ensure that each Indian
Tribe that satisfies requirements established by the
Secretary of Housing and Urban Development receives such an
allocation.
(C) State allocations for nonentitlement areas.--
(i) Equitable allocation.--To the greatest extent
practicable, a State shall allocate amounts for
nonentitlement areas under clauses (i)(II) and (ii) of
subparagraph (B) on an equitable basis.
(ii) Distribution of amounts.--
(I) Discretion.--Not later than 14 days after the date on
which a State receives
[[Page S6147]]
amounts for use in a nonentitlement area under clause (i)(II)
or (ii) of subparagraph (B), the State shall--
(aa) distribute the amounts, or a portion thereof, to a
unit of general local government located in the
nonentitlement area or an entity designated thereby, that has
established or will establish a small business emergency
fund, for use under paragraph (2); or
(bb) elect to reserve the amounts, or a portion thereof,
for use by the State under paragraph (2) for the benefit of
eligible entities located in the nonentitlement area.
(II) Sense of congress.--It is the sense of Congress that,
in distributing amounts under subclause (I), in the case of
amounts allocated for a nonentitlement area in which a unit
of general local government or an entity designated thereby
has established a small business emergency fund, a State
should, as quickly as is practicable, distribute amounts to
that unit of general local government or entity,
respectively, as described in item (aa) of such subclause.
(iii) Treatment of states not acting as pass-through agents
under cdbg.--The Secretary shall allocate amounts to a State
under this paragraph without regard to whether the State has
elected to distribute amounts allocated under section
106(d)(1) of the Housing and Community Development Act of
1974 (42 U.S.C. 5306(d)(1)).
(2) Use of funds.--
(A) In general.--A State, unit of general local government,
or Indian Tribe that receives an allocation under paragraph
(1), or an entity designated by a unit of general local
government under paragraph (1)(C)(ii)(I)(aa), whether
directly or indirectly, may use such allocation, not later
than 60 days after receipt of such allocation--
(i) to provide funding to a small business emergency fund
established by that State (or entity designated thereby),
that unit of general local government (or entity designated
thereby), that entity designated by a unit of general local
government, or that Indian Tribe (or entity designated
thereby), respectively;
(ii) to provide funding to support organizations that
provide technical assistance to eligible entities; or
(iii) subject to subparagraph (B), to pay for
administrative costs incurred by that State (or entity
designated thereby), that unit of general local government
(or entity designated thereby), that entity designated by a
unit of general local government, or that Indian Tribe (or
entity designated thereby), respectively, in establishing and
administering a small business emergency fund.
(B) Limitation.--A State, unit of general local government,
or Indian Tribe, or an entity designated by a unit of general
local government under paragraph (1)(C)(ii)(I)(aa), may not
use more than 3 percent of an allocation received under
paragraph (1) for a purpose described in subparagraph
(A)(iii) of this paragraph.
(C) Obligation deadlines.--
(i) States.--Of the amounts that a State elects under
paragraph (1)(C)(ii)(I)(bb) to reserve for use by the State
under this paragraph--
(I) any amounts that the State provides to a small business
emergency fund under subparagraph (A)(i) of this paragraph
shall be obligated by the small business emergency fund for
expenditure not later than 74 days after the date on which
the State received the amounts from the Secretary under
clause (i) or (ii) of paragraph (1)(A); and
(II) any amounts that the State chooses to provide to an
organization under subparagraph (A)(ii) of this paragraph, or
to use to pay for administrative costs under subparagraph
(A)(iii) of this paragraph, shall be obligated by the State
for expenditure not later than 74 days after the date on
which the State received the amounts from the Secretary under
clause (i) or (ii) of paragraph (1)(A).
(ii) Entitlement communities.--Of the amounts that an
entitlement community receives from the Secretary under
paragraph (1)(B)(i)(I)--
(I) any amounts that the entitlement community provides to
a small business emergency fund under subparagraph (A)(i) of
this paragraph shall be obligated by the small business
emergency fund for expenditure not later than 74 days after
the date on which the entitlement community received the
amounts; and
(II) any amounts that the entitlement community chooses to
provide to an organization under subparagraph (A)(ii) of this
paragraph, or to use to pay for administrative costs under
subparagraph (A)(iii) of this paragraph, shall be obligated
by the entitlement community for expenditure not later than
74 days after the date on which the entitlement community
received the amounts.
(iii) Nonentitlement communities.--Of the amounts that a
unit of general local government, or an entity designated
thereby, located in a nonentitlement area receives from a
State under paragraph (1)(C)(ii)(I)(aa)--
(I) any amounts that the unit of general local government
or entity provides to a small business emergency fund under
subparagraph (A)(i) of this paragraph shall be obligated by
the small business emergency fund for expenditure not later
than 60 days after the date on which the unit of general
local government or entity received the amounts; and
(II) any amounts that the unit of general local government
or entity chooses to provide to a support organization under
subparagraph (A)(ii) of this paragraph or to use to pay for
administrative costs under subparagraph (A)(iii) of this
paragraph shall be obligated by the unit of general local
government or entity for expenditure not later than 60 days
after the date on which the unit of general local government
or entity received the amounts.
(D) Recovery of unobligated funds.--If a State, entitlement
community, other unit of general local government, entity
designated by a unit of general local government under
paragraph (1)(C)(ii)(I)(aa), or small business emergency fund
fails to obligate amounts by the applicable deadline under
subparagraph (C), the Secretary shall recover the amount of
those amounts that remain unobligated, as of that deadline.
(E) Collaboration.--It is the sense of Congress that--
(i) an entitlement community that receives amounts
allocated under paragraph (1)(B)(i)(I) should collaborate
with the applicable local entity responsible for economic
development and small business development in establishing
and administering a small business emergency fund; and
(ii) States, units of general local government, and Indian
Tribes that receive amounts under paragraph (1) and are
located in the same region should collaborate in establishing
and administering one or more small business emergency funds.
(c) Small Business Emergency Funds.--With respect to a
small business emergency fund that receives funds from an
allocation made under subsection (b)--
(1) if the small business emergency fund makes a loan to an
eligible entity with those funds, the small business
emergency fund may use amounts returned to the small business
emergency fund from the repayment of the loan to provide
further assistance to eligible entities without regard to the
termination date described in subsection (g); and
(2) the small business emergency fund shall conduct
outreach to eligible entities that are less likely to
participate in programs established under the CARES Act
(Public Law 116-136; 134 Stat. 281) and the amendments made
by that Act, including minority-owned entities, businesses in
low-income communities, businesses in rural and Tribal areas,
and other businesses that are underserved by the traditional
banking system.
(d) Information Gathering.--
(1) In general.--When providing assistance to an eligible
entity with funds received from an allocation made under
subsection (b), the State, unit of general local government,
or Indian Tribe, or the entity designated by a State, unit of
general local government, or Indian Tribe, that provides
assistance through a small business emergency fund shall--
(A) inquire whether the eligible entity is--
(i) in the case of an eligible entity that is a business
entity or a nonprofit organization, a women-owned entity or a
minority-owned entity; and
(ii) in the case of an eligible entity who is an
individual, a woman or a minority; and
(B) maintain a record of the responses to each inquiry
conducted under subparagraph (A), which the entity shall
promptly submit to the applicable State, unit of general
local government, or Indian Tribe.
(2) Right to refuse.--An eligible entity may refuse to
provide any information requested under paragraph (1)(A).
(e) Reporting.--
(1) In general.--Not later than 30 days after the date on
which a State, unit of general local government, or Indian
Tribe initially receives an allocation made under subsection
(b), and not later than 14 days after the date on which that
State, unit of local government, or Indian Tribe completes
the full expenditure of that allocation, that State, unit of
general local government, or Indian Tribe shall submit to the
Secretary a report that includes--
(A) the number of recipients of assistance made available
from the allocation;
(B) the total amount, and type, of assistance made
available from the allocation;
(C) to the extent applicable, with respect to each
recipient described in subparagraph (A), information
regarding the industry of the recipient, the amount of
assistance received by the recipient, the annual sales of the
recipient, and the number of employees of the recipient;
(D) to the extent available from information collected
under subsection (d), information regarding the number of
recipients described in subparagraph (A) that are minority-
owned entities, minorities, women, and women-owned entities;
(E) the ZIP Code of each recipient described in
subparagraph (A); and
(F) any other information that the Secretary, in the sole
discretion of the Secretary, determines to be necessary to
carry out the Program.
(2) Public availability.--As soon as is practicable after
receiving each report submitted under paragraph (1), the
Secretary shall make all information contained in the report
publicly available.
(f) Rules and Guidance.--The Secretary, in consultation
with the Administrator, shall issue any rules and guidance
that are necessary to carry out the Program, including by
establishing appropriate compliance and reporting
requirements in addition to the reporting requirements under
subsection (e).
(g) Termination.--The Program, and any rules and guidance
issued under subsection
[[Page S6148]]
(f) with respect to the Program, shall terminate on the date
that is 1 year after the date of enactment of this Act.
(h) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Eligible entity.--The term ``eligible entity''--
(A) means a business concern or a nonprofit organization
(as defined in section 7(a)(36)(A)(vii) that--
(i) employs--
(I) not more than 20 full-time equivalent employees; or
(II) if the entity or organization is located in a low-
income community, not more than 50 full-time equivalent
employees;
(ii) has experienced a loss of revenue as a result of the
COVID-19 pandemic, according to criteria established by the
Secretary; and
(iii) with respect to such an entity or organization that
receives assistance from a small business emergency fund,
satisfies additional requirements, as determined by the
State, unit of general local government, Indian Tribe, or
other entity that has established the small business
emergency fund; and
(B) includes an individual who operates under a sole
proprietorship, an individual who operates as an independent
contractor, and an eligible self-employed individual if such
an individual has experienced a loss of revenue as a result
of the COVID-19 pandemic, according to criteria established
by the Secretary.
(3) Eligible self-employed individual.--The term ``eligible
self-employed individual'' has the meaning given the term in
section 7(a)(36)(A) of the Small Business Act (15 U.S.C.
636(a)(36)(A)).
(4) Entitlement community.--The term ``entitlement
community'' means a metropolitan city or urban county, as
those terms are defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302).
(5) Full-time equivalent employees.--
(A) In general.--The term ``full-time equivalent
employees'' means a number of employees equal to the number
determined by dividing--
(i) the total number of hours of service for which wages
were paid by the employer to employees during the taxable
year, by
(ii) 2,080.
(B) Rounding.--The number determined under subparagraph (A)
shall be rounded to the next lowest whole number if not
otherwise a whole number.
(C) Excess hours not counted.--If an employee works in
excess of 2,080 hours of service during any taxable year,
such excess shall not be taken into account under
subparagraph (A).
(D) Hours of service.--The Secretary, in consultation with
the Secretary of Labor, shall prescribe such regulations,
rules, and guidance as may be necessary to determine the
hours of service of an employee, including rules for the
application of this paragraph to employees who are not
compensated on an hourly basis.
(6) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 102 of the
Housing and Community Development Act of 1974 (42 U.S.C.
5302).
(7) Low-income community.--The term ``low-income
community'' has the meaning given the term in section 45D(e)
of the Internal Revenue Code of 1986.
(8) Minority.--The term ``minority'' has the meaning given
the term in section 1204(c)(3) of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811
note).
(9) Minority-owned entity.--The term ``minority-owned
entity'' means an entity--
(A) more than 50 percent of the ownership or control of
which is held by not less than 1 minority; and
(B) more than 50 percent of the net profit or loss of which
accrues to not less than 1 minority.
(10) Nonentitlement area; state; unit of general local
government.--
(A) In general.--Except as provided in subparagraph (B),
the terms ``nonentitlement area'', ``State'', and ``unit of
general local government'' have the meanings given those
terms in section 102 of the Housing and Community Development
Act of 1974 (42 U.S.C. 5302).
(B) State.--For purposes of subparagraphs (A)(ii) and
(B)(ii) of subsection (b)(1), the term ``State'' means any
State of the United States.
(11) Program.--The term ``Program'' means the Small
Business Local Relief Program established under this section.
(12) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(13) Small business emergency fund.--The term ``small
business emergency fund'' means a fund or program--
(A) established by a State, a unit of general local
government, an Indian Tribe, or an entity designated by a
State, unit of general local government, or Indian Tribe; and
(B) that provides or administers financing to eligible
entities in the form of grants, loans, or other means in
accordance with the needs of eligible entities and the
capacity of the fund or program.
(14) Women-owned entity.--The term ``women-owned entity''
means an entity--
(A) more than 50 percent of the ownership or control of
which is held by not less than 1 woman; and
(B) more than 50 percent of the net profit or loss of which
accrues to not less than 1 woman.
SEC. 619. GRANTS FOR INDEPENDENT LIVE VENUE OPERATORS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Eligible operator, promoter, producer, or talent
representative.--
(A) In general.--The term ``eligible operator, promoter,
producer, or talent representative'' means a live venue
operator or producer or promoter or a talent representative
that meets the following requirements:
(i) The live venue operator or producer or promoter or the
talent representative was fully operational as a live venue
operator or producer or promoter or talent representative on
February 29, 2020.
(ii) As of the date of the grant under this section--
(I) the live venue operator or producer or promoter is
organizing, promoting, producing, managing, or hosting future
events described in paragraph (4)(A)(i); or
(II) the talent representative is representing or managing
artists and entertainers.
(iii) The venues at which the live venue operator or
producer or promoter promotes, produces, manages, or hosts
events described in paragraph (4)(A)(i) or the artists and
entertainers represented or managed by the talent
representative perform have the following characteristics:
(I) A defined performance and audience space.
(II) Mixing equipment, a public address system, and a
lighting rig.
(III) Engages 1 or more individuals to carry out not less
than 2 of the following roles:
(aa) A sound engineer.
(bb) A booker.
(cc) A promoter.
(dd) A stage manager.
(ee) Security personnel.
(ff) A box office manager.
(IV) There is a paid ticket or cover charge to attend most
performances and artists are paid fairly and do not play for
free or solely for tips, except for legitimate fundraisers or
similar charitable events.
(V) For a venue owned or operated by a nonprofit entity
that produces free events, the events are produced and
managed by paid employees, not by volunteers.
(VI) Performances are marketed through listings in printed
or electronic publications, on websites, by mass email, or on
social media.
(iv) The live venue operator or producer or promoter or the
talent representative does not have, or is not majority owned
or controlled by an entity with, more than 1 of the following
characteristics:
(I) Being an issuer, the securities of which are listed on
a national securities exchange.
(II) Owning or operating venues or talent agencies or
talent management companies with offices in more than 1
country.
(III) Owning or operating venues in more than 10 States.
(IV) Employing more than 500 employees, determined on a
full-time equivalent basis in accordance with subparagraph
(B).
(V) Receiving more than 10 percent of gross revenue from
Federal funding.
(B) Calculation of full-time employees.--For purposes of
determining the number of full-time equivalent employees
under subparagraph (A)(iv)(IV)--
(i) any employee working not fewer than 30 hours per week
shall be considered a full-time employee; and
(ii) any employee working not fewer than 10 hours and fewer
than 30 hours per week shall be counted as one-half of a
full-time employee.
(3) Exchange; issuer; security.--The terms ``exchange'',
``issuer'', and ``security'' have the meanings given such
terms in section 3(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78c(a)).
(4) Live venue operator or producer or promoter.--The term
``live venue operator or producer or promoter''--
(A) means--
(i) an individual or entity--
(I) that organizes, promotes, sells tickets, produces,
manages, or hosts live concerts, comedy shows, theatrical
productions, or other events by performing artists and
applies cover charge through ticketing or front door entrance
fee; and
(II) not less than 70 percent of the revenue of which is
generated through cover charges or ticket sales and the sale
of beverages, food, or merchandise during such live events;
or
(ii) as a principle business activity, makes tickets to
events described in clause (i)(I) available for purchase by
the public an average of not less than 60 days before the
date of the event and pays performers in an event described
in clause (i)(I) in an amount that is based on a percentage
of sales, guarantee (in writing or standard contract), or
another mutually beneficial formal agreement; and
(B) includes an individual or entity described in
subparagraph (A) that--
(i) operates for profit or as a nonprofit;
(ii) is government-owned; or
(iii) is a corporation, limited liability company, or
partnership or operated as a sole proprietorship.
(5) National securities exchange.--The term ``national
securities exchange'' means an exchange registered as a
national securities exchange under section 6 of the
Securities Exchange Act of 1934 (15 U.S.C. 78f).
(6) State.--The term ``State'' means--
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(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United States.
(7) Talent representative.--The term ``talent
representative''--
(A) means an agent or manager that--
(i) as not less than 70 percent of the operations of the
agent or manager, is engaged in representing or managing
artists and entertainers;
(ii) books musicians, comedians, actors, or similar
performing artists primarily in independent venues or at
festivals; and
(iii) represents performers described in clause (ii) that
are paid in an amount that is based on the number of tickets
sold, or a similar basis; and
(B) includes an agent or manager described in subparagraph
(A) that--
(i) operates for profit or as a nonprofit;
(ii) is government-owned; or
(iii) is a corporation, limited liability company, or
partnership or operated as a sole proprietorship.
(b) Authority.--
(1) Initial grants.--The Administrator may make initial
grants to eligible operators, promoters, and talent
representatives in accordance with this section.
(2) Supplemental grants.--The Administrator may make a
supplemental grant in accordance with this section to an
eligible operator, promoter, producer, or talent
representative that receives a grant under paragraph (1) if,
as of December 1, 2020, the revenues of the eligible
operator, promoter, producer, or talent representative for
the most recent calendar quarter are not more than 20 percent
of the revenues of the eligible operator, promoter, producer,
or talent representative for the corresponding calendar
quarter during 2019 due to the COVID-19 pandemic.
(3) Certification.--An eligible operator, promoter,
producer, or talent representative applying for a grant under
this section that is an eligible business described in the
matter preceding subclause (I) of section 4003(c)(3)(D)(i) of
the CARES Act (15 U.S.C. 9042(c)(3)(D)(i)), shall make a
good-faith certification described in subclauses (IX) and (X)
of such section.
(c) Amount.--
(1) Initial grants.--A grant under subsection (b)(1) shall
be in the amount equal to the lesser of--
(A) the amount equal to 45 percent of the gross revenue of
the eligible operator, promoter, producer, or talent
representative during 2019;
(B) for an eligible operator, promoter, producer, or talent
representative that began operations after January 1, 2019,
the amount equal to the product obtained by multiplying--
(i) the average monthly gross revenue for each full month
during which the entity was in operation during 2019, by
(ii) 6; or
(C) $12,000,000.
(2) Supplemental grants.--A grant under subsection (b)(2)
shall be in the amount equal to 50 percent of the grant
received by the eligible operator, promoter, producer, or
talent representative under subsection (b)(1).
(d) Use of Funds.--
(1) Timing.--
(A) Expenses incurred.--
(i) In general.--Except as provided in clause (ii), amounts
received under a grant under this section may be used for
costs incurred during the period beginning on March 1, 2020,
and ending on December 31, 2021.
(ii) Extension for supplemental grants.--If an eligible
operator, promoter, producer, or talent representative
receives a grant under subsection (b)(2), amounts received
under either grant under this section may be used for costs
incurred during the period beginning on March 1, 2020, and
ending on June 30, 2022.
(B) Expenditure.--
(i) In general.--Except as provided in clause (ii), an
eligible operator, promoter, producer, or talent
representative shall return to the Administrator any amounts
received under a grant under this section that are not
expended on or before the date that is 1 year after the date
of disbursement of the grant.
(ii) Extension for supplemental grants.--If an eligible
operator, promoter, producer, or talent representative
receives a grant under subsection (b)(2), the eligible
operator, promoter, producer, or talent representative shall
return to the Administrator any amounts received under either
grant under this section that are not expended on or before
the date that is 18 months after the date of disbursement to
the eligible operator, promoter, producer, or talent
representative of the grant under subsection (b)(1).
(2) Allowable expenses.--An eligible operator, promoter,
producer, or talent representative may use amounts received
under a grant under this section for--
(A) payroll costs for employees and furloughed employees,
including--
(i) costs for 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 of
such Act), 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, other than coverage under a
health flexible spending arrangement under a cafeteria plan
within the meaning of section 125 of the Internal Revenue
Code of 1986; or
(ii) any other non-cash benefit;
(B) rent;
(C) utilities;
(D) mortgage interest payments on existing mortgages as of
February 15, 2020;
(E) scheduled interest payments on other scheduled debt as
of February 15, 2020;
(F) costs related to personal protective equipment;
(G) payments of principal on outstanding loans;
(H) payments made to independent contractors, as reported
on Form-1099 MISC; and
(I) other ordinary and necessary business expenses,
including--
(i) settling existing debts owed to vendors;
(ii) maintenance expenses;
(iii) administrative costs;
(iv) taxes;
(v) operating leases;
(vi) insurance;
(vii) advertising, production transportation, and capital
expenditures related to producing a theatrical production,
concert, or comedy show; and
(viii) any other capital expenditure or expense required
under any State, local, or Federal law or guideline related
to social distancing.
(3) Prohibited expenses.--An eligible operator, promoter,
producer, or talent representative may not use amounts
received under a grant under this section--
(A) to purchase real estate;
(B) for payments of interest or principal on loans
originated after February 15, 2020;
(C) to invest or re-lend funds;
(D) for contributions or expenditures to, or on behalf of,
any political party, party committee, or candidate for
elective office; or
(E) for any other use as may be prohibited by the
Administrator.
DIVISION F--REVENUE PROVISIONS
SEC. 100. SHORT TITLE, ETC.
(a) Short Title.--This division may be cited as the
``COVID-19 Tax Relief Act of 2020''.
(b) Table of Contents.--The table of contents for this
division is as follows:
Sec. 100. Short title, etc.
TITLE I--ECONOMIC STIMULUS
Subtitle A--Additional Recovery Rebates to Individuals
Sec. 101. Additional recovery rebates to individuals.
Subtitle B--Earned Income Tax Credit
Sec. 111. Strengthening the earned income tax credit for individuals
with no qualifying children.
Sec. 112. Taxpayer eligible for childless earned income credit in case
of qualifying children who fail to meet certain
identification requirements.
Sec. 113. Credit allowed in case of certain separated spouses.
Sec. 114. Elimination of disqualified investment income test.
Sec. 115. Application of earned income tax credit in possessions of the
United States.
Sec. 116. Temporary special rule for determining earned income for
purposes of earned income tax credit.
Subtitle C--Child Tax Credit
Sec. 121. Child tax credit improvements for 2020.
Sec. 122. Application of child tax credit in possessions.
Subtitle D--Dependent Care Assistance
Sec. 131. Refundability and enhancement of child and dependent care tax
credit.
Sec. 132. Increase in exclusion for employer-provided dependent care
assistance.
Subtitle E--Credits for Paid Sick and Family Leave
Sec. 141. Extension of credits.
Sec. 142. Repeal of reduced rate of credit for certain leave.
Sec. 143. Increase in limitations on credits for paid family leave.
Sec. 144. Election to use prior year net earnings from self-employment
in determining average daily self-employment income.
Sec. 145. Federal, State, and local governments allowed tax credits
for paid sick and paid family and medical leave.
Sec. 146. Certain technical improvements.
Sec. 147. Credits not allowed to certain large employers.
Subtitle F--Deduction of State and Local Taxes
Sec. 151. Elimination for 2020 limitation on deduction of State and
local taxes.
TITLE II--PROVISIONS TO PREVENT BUSINESS INTERRUPTION
Sec. 201. Improvements to employee retention and rehiring credit.
Sec. 202. Certain loan forgiveness and other business financial
assistance under CARES Act not includible in gross
income.
Sec. 203. Clarification of treatment of expenses paid or incurred with
proceeds from certain grants and loans.
[[Page S6150]]
TITLE III--NET OPERATING LOSSES
Sec. 301. Limitation on excess business losses of non-corporate
taxpayers restored and made permanent.
Sec. 302. Certain taxpayers allowed carryback of net operating losses
arising in 2019 and 2020.
TITLE I--ECONOMIC STIMULUS
Subtitle A--Additional Recovery Rebates to Individuals
SEC. 101. 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) $500 multiplied by the number of dependents of the
taxpayer for such taxable year.
``(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
[[Page S6151]]
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.--The right of any person to any applicable
payment shall not be transferable or assignable, at law or in
equity, and no applicable payment shall be subject to,
execution, levy, attachment, garnishment, or other legal
process, or the operation of any bankruptcy or insolvency
law.
(B) Encoding of payments.--In the case of an applicable
payment described in subparagraph (E)(iii)(I) that is paid
electronically by direct deposit through the Automated
Clearing House (ACH) network, the Secretary of the Treasury
(or the Secretary's delegate) shall--
(i) issue the payment using a unique identifier that is
reasonably sufficient to allow a financial institution to
identify the payment as an applicable payment, and
(ii) further encode the payment pursuant to the same
specifications as required for a benefit payment defined in
section 212.3 of title 31, Code of Federal Regulations.
(C) Garnishment.--
(i) Encoded payments.--In the case 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, except--
(I) notwithstanding section 212.4 of title 31, Code of
Federal Regulations (and except as provided in subclause
(II)), a financial institution shall not fail to follow the
procedures of sections 212.5 and 212.6 of such title with
respect to an garnishment order merely because such order has
attached, or includes, a notice of right to garnish federal
benefits issued by a State child support enforcement agency,
and
[[Page S6152]]
(II) a financial institution shall not, with regard to any
applicable payment, be required to provide the notice
referenced in sections 212.6 and 212.7 of title 31, 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 has been received by a financial
institution and that applies to an account into which an
applicable payment that has not been encoded as provided in
subparagraph (B) has been deposited electronically or by an
applicable payment that has been deposited by check on any
date in the lookback period, the financial institution, upon
the request of the account holder, shall treat the amount of
the funds in the account at the time of the request, up to
the amount of the applicable payment (in addition to any
amounts otherwise protected under part 212 of title 31, Code
of Federal Regulations), as exempt from a garnishment order
without requiring the consent of the party serving the
garnishment order or the judgment creditor.
(iii) Liability.--A financial institution that acts in good
faith in reliance on clauses (i) or (ii) shall not be subject
to liability or regulatory action under any Federal or State
law, regulation, court or other order, or regulatory
interpretation for actions concerning any applicable
payments.
(D) Preservation of reclamation rights.--This paragraph
shall not alter the status of applicable payments as tax
refunds or other nonbenefit payments for purpose of any
reclamation rights of the Department of the Treasury or the
Internal Revenue Service as per part 210 of title 31, Code of
Federal Regulations.
(E) Definitions.--For purposes of this paragraph--
(i) Account holder.--The term ``account holder'' means a
natural person whose name appears in a financial
institution's records as the direct or beneficial owner of an
account.
(ii) Account review.--The term ``account review'' means the
process of examining deposits in an account to determine if
an applicable payment has been deposited into the account
during the lookback period. The financial institution shall
perform the account review following the procedures outlined
in section 212.5 of title 31, Code of Federal Regulations and
in accordance with the requirements of section 212.6 of title
31, Code of Federal Regulations.
(iii) Applicable payment.--The term ``applicable payment''
means--
(I) any advance refund amount paid pursuant to subsection
(g) of section 6428A of the Internal Revenue Code of 1986 (as
so added),
(II) any payment made by a possession of the United States
with a mirror code tax system (as defined in subsection (c)
of section 2201 of the CARES Act (Public Law 116-136))
pursuant to such subsection which corresponds to a payment
described in subclause (I), and
(III) any payment made by a possession of the United States
without a mirror code tax system (as so defined) pursuant to
section 2201(c) of such Act.
(iv) Garnishment.--The term ``garnishment'' means
execution, levy, attachment, garnishment, or other legal
process.
(v) 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.
(vi) Lookback period.--The term ``lookback period'' means
the two month period that begins on the date preceding the
date of account review and ends on the corresponding date of
the month two months earlier, or on the last date of the
month two months earlier if the corresponding date does not
exist.
(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) 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.
(e) 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 B--Earned Income Tax Credit
SEC. 111. 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--
[[Page S6153]]
``(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. 112. 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. 113. 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. 114. 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. 115. 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.
[[Page S6154]]
``(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. 116. 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 C--Child Tax Credit
SEC. 121. 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 Rule for Refundable Credit.--In the case of
any taxable year beginning in 2020, 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)).''.
(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)(2)) 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)(2)) 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--
(A) by striking ``in the case of any taxable year'', and
inserting the following:
``(1) In general.--`In the case of any taxable year' '',
and
(B) by adding at the end the following new paragraph:
``(2) 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 amendment.--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. 122. APPLICATION OF CHILD TAX CREDIT IN POSSESSIONS.
(a) In General.--Section 24 of the Internal Revenue Code of
1986, as amended by the preceding provisions of this Act, is
amended by adding at the end the following new subsection:
``(j) 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
[[Page S6155]]
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 D--Dependent Care Assistance
SEC. 131. 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. 132. 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 E--Credits for Paid Sick and Family Leave
SEC. 141. 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 ``December 31, 2020'' and inserting
``February 28, 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. 142. 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 ``(as in
effect immediately before the date of the enactment of the
COVID-19 Tax Relief Act of 2020) 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 ``(as in effect immediately
before the date of the enactment of the COVID-19 Tax Relief
Act of 2020) 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 ``(as in effect immediately before the date of the
enactment of the COVID-19 Tax Relief Act of 2020) 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. 143. 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. 144. 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
[[Page S6156]]
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. 145. 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. 146. 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 to read 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. 147. 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 F--Deduction of State and Local Taxes
SEC. 151. ELIMINATION FOR 2020 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, 2020,'' 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, 2021'',
(3) by striking ``December 31, 2017, shall'' and inserting
``December 31, 2020, 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, 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--PROVISIONS TO PREVENT BUSINESS INTERRUPTION
SEC. 201. IMPROVEMENTS TO EMPLOYEE RETENTION AND REHIRING
CREDIT.
(a) Employee Retention Credit Renamed.--Section 2301 of the
CARES Act is amended in the heading by striking ``employee
retention credit'' and inserting ``employee retention and
rehiring credit''.
(b) Increase in Credit Percentage.--Section 2301(a) of the
CARES Act is amended by striking ``50 percent'' and inserting
``80 percent''.
(c) 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.''.
(d) 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:
[[Page S6157]]
``(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.''.
(e) 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.''.
(f) 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).
(g) Qualified Wages Permitted to Include Amounts for Tip
Replacement.--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''.
(h) 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''.
(i) Coordination With Income Tax Credits.--Section 2301(h)
of the CARES Act, as amended by preceding provisions of this
Act, is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) Coordination with income tax credits.--Any wages
taken into account in determining the credit allowed under
this section shall not be taken into account as wages for
purposes of sections 41, 45A, 45B, 45P, 45S, 51, and 1396 of
the Internal Revenue 23 Code of 1986.'', and
(2) by redesignating paragraph (3) as paragraph (2).
(j) Application of Credit to Employers of Domestic
Workers.--
(1) In general.--Section 2301(c)(2) of the CARES Act, as
amended by the preceding provisions of this Act, is amended
by adding at the end the following new subparagraph:
``(E) Employers of domestic workers.--In the case of an
employer with one or more employees who perform domestic
service (within the meaning of section 3121(a)(7) of such
Code) in the private home of such employer, with respect to
such employees--
``(i) subparagraph (A) shall be applied--
``(I) by substituting `employing an employee who performs
domestic service in the private home of such employer' for
`carrying on a trade or business' in clause (i) thereof, and
``(II) by substituting `such employment' for `the operation
of the trade or business' in clause (ii)(I) thereof.
``(ii) subclause (II) of subparagraph (A)(ii) shall not
apply, and
``(iii) such employer shall be treated as a large
employer.''.
(2) Denial of double benefit.--Section 2301(h)(1) of the
CARES Act, as amended by the preceding provisions of this
Act, is further amended--
(A) by striking ``shall not be taken into account as
wages'' and inserting ``shall not be taken into account as--
``(A) wages'',
(B) by striking the period at the end and inserting ``,
and'', and
(C) by adding at the end the following:
``(B) if such wages are paid for domestic service described
in subsection (c)(2)(E), as employment-related expenses for
purposes of section 21 of such Code.
In the case of any individual who pays wages for domestic
service described in subsection (c)(2)(E) and receives a
reimbursement for such wages which is excludible from gross
income under section 129 of such Code, such wages shall not
be treated as qualified wages for purposes of this
section.''.
(k) Coordination With Government Grants.--Section 2301(h)
of the CARES Act, as amended by the preceding provisions of
this Act, is further amended by adding at the end the
following new paragraph:
``(3) Coordination with government grants.--Qualified wages
shall not be taken into account under this section to the
extent that grants (or similar amounts) are provided by the
Federal government for purposes of paying or reimbursing
expenses for such wages.''.
(l) Effective Date.--The amendments made by this section
shall take effect as if included in section 2301 of the CARES
Act.
SEC. 202. 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.
[[Page S6158]]
(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) RESTAURANTS Grants.--For purposes of the Internal
Revenue Code of 1986, any grants (or similar amounts) made to
an eligible entity under the RESTAURANTS Act of 2020 shall
not be included in the gross income of such entity.
(e) Effective Date.--(1) Subsections (a), (b), and (c)
shall apply to taxable years ending after the date of the
enactment of the CARES Act.
(2) Restaurants grants.--Subsection (d) shall apply to
taxable years ending after the date of the enactment of the
RESTAURANTS Act of 2020.
SEC. 203. 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 202 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.
TITLE III--NET OPERATING LOSSES
SEC. 301. 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. 302. 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 fair
market value of the aggregate distributions (including
redemptions), measured as of the date of each such
distribution, 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
2303(b) of the Coronavirus Aid, Relief, and Economic Security
Act.
DIVISION G--RETIREMENT PROVISIONS
SEC. 100. SHORT TITLE, ETC.
(a) Short Title.--This division may be cited as the
``Emergency Pension Plan Relief Act of 2020''.
(b) Table of Contents.--The table of contents for this
division is as follows:
Sec. 100. Short title, etc.
TITLE I--RELIEF FOR MULTIEMPLOYER PENSION PLANS
Sec. 101. Special partition relief.
Sec. 102. Repeal of benefit suspensions for multiemployer plans in
critical and declining status.
Sec. 103. Temporary delay of designation of multiemployer plans as in
endangered, critical, or critical and declining status.
Sec. 104. Temporary extension of the funding improvement and
rehabilitation periods for multiemployer pension plans in
critical and endangered status for 2020 or 2021.
Sec. 105. Adjustments to funding standard account rules.
Sec. 106. PBGC guarantee for participants in multiemployer plans.
TITLE II--RELIEF FOR SINGLE EMPLOYER PENSION PLANS
Sec. 201. Extended amortization for single employer plans.
Sec. 202. Extension of pension funding stabilization percentages for
single employer plans.
TITLE III--OTHER RETIREMENT RELATED PROVISIONS
Sec. 301. Waiver of required minimum distributions for 2019.
Sec. 302. Waiver of 60-day rule in case of rollover of otherwise
required minimum distributions in 2019 or 2020.
Sec. 303. Exclusion of benefits provided to volunteer firefighters and
emergency medical responders made permanent.
Sec. 304. Application of special rules to money purchase pension plans.
Sec. 305. Grants to assist low-income women and survivors of domestic
violence in obtaining qualified domestic relations
orders.
Sec. 306. Modification of special rules for minimum funding standards
for community newspaper plans.
Sec. 307. Minimum rate of interest for certain determinations related
to life insurance contracts.
TITLE I--RELIEF FOR MULTIEMPLOYER PENSION PLANS
SEC. 101. 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
[[Page S6159]]
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
[[Page S6160]]
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.
[[Page S6161]]
``(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. 102. 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. 103. 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. 104. 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. 105. 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. 106. 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, the accrual rates in subparagraph
[[Page S6162]]
(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. 201. 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. 202. 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'', 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. 301. 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. 302. 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
[[Page S6163]]
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. 303. 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. 304. 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. 305. 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. 306. 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
[[Page S6164]]
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. 307. 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
``(ii) 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 H--GIVING RETIREMENT OPTIONS TO WORKERS ACT
SEC. 101. SHORT TITLE, ETC.
(a) Short Title.--This division may be cited as the
``Giving Retirement Options to Workers Act of 2020'' or the
``GROW Act''.
(b) Table of Contents.--The table of contents for this
division is as follows:
Sec. 101. Short title, etc.
[[Page S6165]]
Sec. 102. Composite plans.
Sec. 103. Application of certain requirements to composite plans.
Sec. 104. Treatment of composite plans under title IV.
Sec. 105. Conforming changes.
Sec. 106. Effective date.
SEC. 102. COMPOSITE PLANS.
(a) Amendment to the Employee Retirement Income Security
Act of 1974.--
(1) In general.--Title I of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1001 et seq.) is amended by
adding at the end the following:
``PART 8--COMPOSITE PLANS AND LEGACY PLANS
``SEC. 801. COMPOSITE PLAN DEFINED.
``(a) In General.--For purposes of this Act, the term
`composite plan' means a pension plan--
``(1) which is a multiemployer plan that is neither a
defined benefit plan nor a defined contribution plan;
``(2) the terms of which provide that the plan is a
composite plan for purposes of this title with respect to
which not more than one multiemployer defined benefit plan is
treated as a legacy plan within the meaning of section 805,
unless there is more than one legacy plan following a merger
of composite plans under section 806;
``(3) which provides systematically for the payment of
benefits--
``(A) objectively calculated pursuant to a formula
enumerated in the plan document with respect to plan
participants after retirement, for life; and
``(B) in the form of life annuities, except for benefits
which under section 203(e) may be immediately distributed
without the consent of the participant;
``(4) for which the plan contributions for the first plan
year are at least 120 percent of the normal cost for the plan
year;
``(5) which requires--
``(A) an annual valuation of the liability of the plan as
of a date within the plan year to which the valuation refers
or within one month prior to the beginning of such year;
``(B) an annual actuarial determination of the plan's
current funded ratio and projected funded ratio under section
802(a);
``(C) corrective action through a realignment program
pursuant to section 803 whenever the plan's projected funded
ratio is below 120 percent for the plan year; and
``(D) an annual notification to each participant describing
the participant's benefits under the plan and explaining that
such benefits may be subject to reduction under a realignment
program pursuant to section 803 based on the plan's funded
status in future plan years; and
``(6) the board of trustees of which includes at least one
retiree or beneficiary in pay status during each plan year
following the first plan year in which at least 5 percent of
the participants in the plan are retirees or beneficiaries in
pay status.
``(b) Transition From a Multiemployer Defined Benefit
Plan.--
``(1) In general.--The plan sponsor of a defined benefit
plan that is a multiemployer plan may, subject to paragraph
(2), amend the plan to incorporate the features of a
composite plan as a component of the multiemployer plan
separate from the defined benefit plan component, except in
the case of a defined benefit plan for which the plan actuary
has certified under section 305(b)(3) that the plan is or
will be in critical status for the plan year in which such
amendment would become effective or for any of the succeeding
5 plan years.
``(2) Requirements.--Any amendment pursuant to paragraph
(1) to incorporate the features of a composite plan as a
component of a multiemployer plan shall--
``(A) apply with respect to all collective bargaining
agreements providing for contributions to the multiemployer
plan on or after the effective date of the amendment;
``(B) apply with respect to all participants in the
multiemployer plan for whom contributions are made to the
multiemployer plan on or after the effective date of the
amendment;
``(C) specify that the effective date of the amendment is--
``(i) the first day of a specified plan year following the
date of the adoption of the amendment, except that the plan
sponsor may alternatively provide for a separate effective
date with respect to each collective bargaining agreement
under which contributions to the multiemployer plan are
required, which shall occur on the first day of the first
plan year beginning after the termination, or if earlier, the
re-opening, of each such agreement, or such earlier date as
the parties to the agreement and the plan sponsor of the
multiemployer plan shall agree to; and
``(ii) not later than the first day of the fifth plan year
beginning on or after the date of the adoption of the
amendment;
``(D) specify that, as of the amendment's effective date,
no further benefits shall accrue under the defined benefit
component of the multiemployer plan; and
``(E) specify that, as of the amendment's effective date,
the plan sponsor of the multiemployer plan shall be the plan
sponsor of both the composite plan component and the defined
benefit plan component of the plan.
``(3) Special rules.--If a multiemployer plan is amended
pursuant to paragraph (1)--
``(A) the requirements of this title and title IV shall be
applied to the composite plan component and the defined
benefit plan component of the multiemployer plan as if each
such component were maintained as a separate plan; and
``(B) the assets of the composite plan component and the
defined benefit plan component of the plan shall be held in a
single trust forming part of the plan under which the trust
instrument expressly provides--
``(i) for separate accounts (and appropriate records) to be
maintained to reflect the interest which each of the plan
components has in the trust, including separate accounting
for additions to the trust for the benefit of each plan
component, disbursements made from each plan component's
account in the trust, investment experience of the trust
allocable to that account, and administrative expenses
(whether direct expenses or shared expenses allocated
proportionally), and permits, but does not require, the
pooling of some or all of the assets of the two plan
components for investment purposes; and
``(ii) that the assets of each of the two plan components
shall be held, invested, reinvested, managed, administered
and distributed for the exclusive benefit of the participants
and beneficiaries of each such plan component, and in no
event shall the assets of one of the plan components be
available to pay benefits due under the other plan component.
``(4) Not a termination event.--Notwithstanding section
4041A, an amendment pursuant to paragraph (1) to incorporate
the features of a composite plan as a component of a
multiemployer plan does not constitute termination of the
multiemployer plan.
``(5) Notice to the secretary.--
``(A) Notice.--The plan sponsor of a composite plan shall
provide notice to the Secretary of the intent to establish
the composite plan (or, in the case of a composite plan
incorporated as a component of a multiemployer plan as
described in paragraph (1), the intent to amend the
multiemployer plan to incorporate such composite plan) at
least 30 days prior to the effective date of such
establishment or amendment.
``(B) Certification.--In the case of a composite plan
incorporated as a component of a multiemployer plan as
described in paragraph (1), such notice shall include a
certification by the plan actuary under section 305(b)(3)
that the effective date of the amendment occurs in a plan
year for which the multiemployer plan is not in critical
status for that plan year and any of the succeeding 5 plan
years.
``(6) References to composite plan component.--As used in
this part, the term `composite plan' includes a composite
plan component added to a defined benefit plan pursuant to
paragraph (1).
``(7) Rule of construction.--Paragraph (2)(A) shall not be
construed as preventing the plan sponsor of a multiemployer
plan from adopting an amendment pursuant to paragraph (1)
because some collective bargaining agreements are amended to
cease any covered employer's obligation to contribute to the
multiemployer plan before or after the plan amendment is
effective. Paragraph (2)(B) shall not be construed as
preventing the plan sponsor of a multiemployer plan from
adopting an amendment pursuant to paragraph (1) because some
participants cease to have contributions made to the
multiemployer plan on their behalf before or after the plan
amendment is effective.
``(c) Coordination With Funding Rules.--Except as otherwise
provided in this title, sections 302, 304, and 305 shall not
apply to a composite plan.
``(d) Treatment of a Composite Plan.--For purposes of this
Act (other than sections 302 and 4245), a composite plan
shall be treated as if it were a defined benefit plan unless
a different treatment is provided for under applicable law.
``SEC. 802. FUNDED RATIOS; ACTUARIAL ASSUMPTIONS.
``(a) Certification of Funded Ratios.--
``(1) In general.--Not later than the one-hundred twentieth
day of each plan year of a composite plan, the plan actuary
of the composite plan shall certify to the Secretary, the
Secretary of the Treasury, and the plan sponsor the plan's
current funded ratio and projected funded ratio for the plan
year.
``(2) Determination of current funded ratio and projected
funded ratio.--For purposes of this section:
``(A) Current funded ratio.--The current funded ratio is
the ratio (expressed as a percentage) of--
``(i) the value of the plan's assets as of the first day of
the plan year; to
``(ii) the plan actuary's best estimate of the present
value of the plan liabilities as of the first day of the plan
year.
``(B) Projected funded ratio.--The projected funded ratio
is the current funded ratio projected to the first day of the
fifteenth plan year following the plan year for which the
determination is being made.
``(3) Consideration of contribution rate increases.--For
purposes of projections under this subsection, the plan
sponsor may anticipate contribution rate increases beyond the
term of the current collective bargaining agreement and any
agreed-to supplements, up to a maximum of 2.5 percent per
year, compounded annually, unless it would be unreasonable
under the circumstances to assume that contributions would
increase by that amount.
``(b) Actuarial Assumptions and Methods.--For purposes of
this part:
``(1) In general.--All costs, liabilities, rates of
interest and other factors under the plan shall be determined
for a plan year on the basis of actuarial assumptions and
methods--
[[Page S6166]]
``(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
[[Page S6167]]
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.
[[Page S6168]]
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
[[Page S6169]]
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.
[[Page S6170]]
``(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
[[Page S6171]]
``(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
[[Page S6172]]
in section 432(b)(3)(B), is reasonably expected to be
adequate--
``(i) to fund the normal cost for the plan year,
``(ii) to amortize the plan's unfunded liabilities in level
annual installments over 25 years, beginning with the plan
year in which the transition contribution rate is first
established, and
``(iii) to amortize any subsequent changes in the legacy
plan's unfunded liability due to experience gains or losses
(including investment gains or losses, gains or losses due to
contributions greater or less than the contributions made
under the prior transition contribution rate, and other
actuarial gains or losses), changes in actuarial assumptions,
changes to the legacy plan's benefits, or changes in funding
method over a period of 15 plan years beginning with the plan
year in which such change in unfunded liability is incurred.
The transition contribution rate for any plan year may not be
less than the transition contribution rate for the plan year
in which such rate is first established.
``(B) Multiple rates.--If different rates of contribution
are payable to the legacy plan by different employers or for
different classes of employees, the certification shall
specify a transition contribution rate for each such
employer.
``(C) Rate applicable to employer.--
``(i) In general.--Except as provided by clause (ii), the
transition contribution rate applicable to an employer for a
plan year is the rate in effect for the plan year of the
legacy plan that commences on or after 180 days before the
earlier of--
``(I) the effective date of the collective bargaining
agreement pursuant to which the employer contributes to the
legacy plan, or
``(II) 5 years after the last plan year for which the
transition contribution rate applicable to the employer was
established or updated.
``(ii) Exception.--The transition contribution rate
applicable to an employer for the first plan year beginning
on or after the commencement of the employer's obligation to
contribute to the composite plan is the rate in effect for
the plan year of the legacy plan that commences on or after
180 days before such first plan year.
``(D) Effect of legacy plan financial circumstances.--If
the plan actuary of the legacy plan has certified under
section 432 that the plan is in endangered or critical status
for a plan year, the transition contribution rate for the
following plan year is the rate determined with respect to
the employer under the legacy plan's funding improvement or
rehabilitation plan under section 432, if greater than the
rate otherwise determined, but in no event greater than 75
percent of the sum of the contribution rates applicable to
the legacy plan and the composite plan for the plan year.
``(E) Other actuarial assumptions and methods.--Except as
provided in subparagraph (A), the determination of the
transition contribution rate for a plan year shall be based
on actuarial assumptions and methods consistent with the
minimum funding determinations made under section 431 (or, if
applicable, section 432) with respect to the legacy plan for
the plan year.
``(F) Adjustments in rate.--The plan sponsor of a legacy
plan from time to time may adjust the transition contribution
rate or rates applicable to an employer under this paragraph
by increasing some rates and decreasing others if the actuary
certifies that such adjusted rates in combination will
produce projected contribution income for the plan year
beginning on or after the date of certification that is not
less than would be produced by the transition contribution
rates in effect at the time of the certification.
``(G) Notice of transition contribution rate.--The plan
sponsor of a legacy plan shall provide notice to the parties
to collective bargaining agreements pursuant to which
contributions are made to the legacy plan of changes to the
transition contribution rate requirements at least 30 days
before the beginning of the plan year for which the rate is
effective.
``(H) Notice to composite plan sponsor.--Not later than 30
days after a determination by the plan sponsor of a legacy
plan that a collective bargaining agreement provides for a
rate of contributions that is below the transition
contribution rate applicable to one or more employers that
are parties to the collective bargaining agreement, the plan
sponsor of the legacy plan shall notify the plan sponsor of
any composite plan under which employees of such employer
would otherwise be eligible to accrue a benefit.
``(3) Correction procedures.--Pursuant to standards
prescribed by the Secretary of Labor, the plan sponsor of a
composite plan shall adopt rules and procedures that give the
parties to the collective bargaining agreement notice of the
failure of such agreement to satisfy the transition
contribution requirements of this subsection, and a
reasonable opportunity to correct such failure, not to exceed
180 days from the date of notice given under subsection
(b)(2).
``(4) Supplemental contributions.--A collective bargaining
agreement may provide for supplemental contributions to the
legacy plan for a plan year in excess of the transition
contribution rate determined under paragraph (2), regardless
of whether the legacy plan is in endangered or critical
status for such plan year.
``(e) Nonapplication of Composite Plan Restrictions.--
``(1) In general.--The provisions of subsections (a), (b),
and (c) shall not apply with respect to a collective
bargaining agreement, to the extent the agreement, or a
predecessor agreement, provides or provided for contributions
to a defined benefit plan that is a legacy plan, as of the
first day of the first plan year following a plan year for
which the plan actuary certifies that the plan is fully
funded, has been fully funded for at least three out of the
immediately preceding 5 plan years, and is projected to
remain fully funded for at least the following 4 plan years.
``(2) Determination of fully funded.--A plan is fully
funded for purposes of paragraph (1) if, as of the valuation
date of the plan for a plan year, the value of the plan's
assets equals or exceeds the present value of the plan's
liabilities, determined in accordance with the rules
prescribed by the Pension Benefit Guaranty Corporation under
sections 4219(c)(1)(D) and 4281 of Employee Retirement Income
and Security Act for multiemployer plans terminating by mass
withdrawal, as in effect for the date of the determination,
except the plan's reasonable assumption regarding the
starting date of benefits may be used.
``(3) Other applicable rules.--Except as provided in
paragraph (2), actuarial determinations and projections under
this section shall be based on the rules in section 432(b)(3)
and section 438(b).
``SEC. 440B. MERGERS AND ASSET TRANSFERS OF COMPOSITE PLANS.
``(a) In General.--Assets and liabilities of a composite
plan may only be merged with, or transferred to, another plan
if--
``(1) the other plan is a composite plan,
``(2) the plan or plans resulting from the merger or
transfer is a composite plan,
``(3) no participant's accrued benefit or adjustable
benefit is lower immediately after the transaction than it
was immediately before the transaction, and
``(4) the value of the assets transferred in the case of a
transfer reasonably reflects the value of the amounts
contributed with respect to the participants whose benefits
are being transferred, adjusted for allocable distributions,
investment gains and losses, and administrative expenses.
``(b) Legacy Plan.--
``(1) In general.--After a merger or transfer involving a
composite plan, the legacy plan with respect to an employer
that is obligated to contribute to the resulting composite
plan is the legacy plan that applied to that employer
immediately before the merger or transfer.
``(2) Multiple legacy plans.--If an employer is obligated
to contribute to more than one legacy plan with respect to
employees eligible to accrue benefits under more than one
composite plan and there is a merger or transfer of such
legacy plans, the transition contribution rate applicable to
the legacy plan resulting from the merger or transfer with
respect to that employer shall be determined in accordance
with the provisions of section 440A(d)(2)(B).''.
(2) Clerical amendment.--The table of subparts for part III
of subchapter D of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``subpart c. composite plans and legacy plans''.
(c) Effective Date.--The amendments made by this section
shall apply to plan years beginning after the date of the
enactment of this Act.
SEC. 103. APPLICATION OF CERTAIN REQUIREMENTS TO COMPOSITE
PLANS.
(a) Amendments to the Employee Retirement Income Security
Act of 1974.--
(1) Treatment for purposes of funding notices.--Section
101(f) of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1021(f)) is amended--
(A) in paragraph (1) by striking ``title IV applies'' and
inserting ``title IV applies or which is a composite plan'';
and
(B) by adding at the end the following:
``(5) Application to composite plans.--The provisions of
this subsection shall apply to a composite plan only to the
extent prescribed by the Secretary in regulations that take
into account the differences between a composite plan and a
defined benefit plan that is a multiemployer plan.''.
(2) Treatment for purposes of annual report.--Section 103
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1023) is amended--
(A) in subsection (d) by adding at the end the following
sentence: ``The provisions of this subsection shall apply to
a composite plan only to the extent prescribed by the
Secretary in regulations that take into account the
differences between a composite plan and a defined benefit
plan that is a multiemployer plan.'';
(B) in subsection (f) by adding at the end the following:
``(3) Additional information for composite plans.--With
respect to any composite plan--
``(A) the provisions of paragraph (1)(A) shall apply by
substituting `current funded ratio and projected funded ratio
(as such terms are defined in section 802(a)(2))' for `funded
percentage' each place it appears; and
``(B) the provisions of paragraph (2) shall apply only to
the extent prescribed by the Secretary in regulations that
take into account the differences between a composite plan
and a defined benefit plan that is a multiemployer plan.'';
and
[[Page S6173]]
(C) by adding at the end the following:
``(h) Composite Plans.--A multiemployer plan that
incorporates the features of a composite plan as provided in
section 801(b) shall be treated as a single plan for purposes
of the report required by this section, except that separate
financial statements and actuarial statements shall be
provided under paragraphs (3) and (4) of subsection (a) for
the defined benefit plan component and for the composite plan
component of the multiemployer plan.''.
(3) Treatment for purposes of pension benefit statements.--
Section 105(a) of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1025(a)) is amended by adding at the end
the following:
``(4) Composite plans.--For purposes of this subsection, a
composite plan shall be treated as a defined benefit plan to
the extent prescribed by the Secretary in regulations that
take into account the differences between a composite plan
and a defined benefit plan that is a multiemployer plan.''.
(b) Amendments to the Internal Revenue Code of 1986.--
Section 6058 of the Internal Revenue Code of 1986 is amended
by redesignating subsection (f) as subsection (g) and by
inserting after subsection (e) the following:
``(f) Composite Plans.--A multiemployer plan that
incorporates the features of a composite plan as provided in
section 437(b) shall be treated as a single plan for purposes
of the return required by this section, except that separate
financial statements shall be provided for the defined
benefit plan component and for the composite plan component
of the multiemployer plan.''.
(c) Effective Date.--The amendments made by this section
shall apply to plan years beginning after the date of the
enactment of this Act.
SEC. 104. TREATMENT OF COMPOSITE PLANS UNDER TITLE IV.
(a) Definition.--Section 4001(a) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1301(a)) is amended by
striking the period at the end of paragraph (21) and
inserting a semicolon and by adding at the end the following:
``(22) Composite plan.--The term `composite plan' has the
meaning set forth in section 801.''.
(b) Composite Plans Disregarded for Calculating Premiums.--
Section 4006(a) of such Act (29 U.S.C. 1306(a)) is amended by
adding at the end the following:
``(9) The composite plan component of a multiemployer plan
shall be disregarded in determining the premiums due under
this section from the multiemployer plan.''.
(c) Composite Plans Not Covered.--Section 4021(b)(1) of
such Act (29 U.S.C. 1321(b)(1)) is amended by striking
``Act'' and inserting ``Act, or a composite plan, as defined
in paragraph (43) of section 3 of this Act''.
(d) No Withdrawal Liability.--Section 4201 of such Act (29
U.S.C. 1381) is amended by adding at the end the following:
``(c) Contributions by an employer to the composite plan
component of a multiemployer plan shall not be taken into
account for any purpose under this title.''.
(e) No Withdrawal Liability for Certain Plans.--Section
4201 of such Act (29 U.S.C. 1381) is further amended by
adding at the end the following:
``(d) Contributions by an employer to a multiemployer plan
described in the except clause of section 3(35) of this Act
pursuant to a collective bargaining agreement that
specifically designates that such contributions shall be
allocated to the separate defined contribution accounts of
participants under the plan shall not be taken into account
with respect to the defined benefit portion of the plan for
any purpose under this title (including the determination of
the employer's highest contribution rate under section 4219),
even if, under the terms of the plan, participants have the
option to transfer assets in their separate defined
contribution accounts to the defined benefit portion of the
plan in return for service credit under the defined benefit
portion, at rates established by the plan sponsor.
``(e) A legacy plan created under section 805 shall be
deemed to have no unfunded vested benefits for purposes of
this part, for each plan year following a period of 5
consecutive plan years for which--
``(1) the plan was fully funded within the meaning of
section 805 for at least 3 of the plan years during that
period, ending with a plan year for which the plan is fully
funded;
``(2) the plan had no unfunded vested benefits for at least
3 of the plan years during that period, ending with a plan
year for which the plan is fully funded; and
``(3) the plan is projected to be fully funded and to have
no unfunded vested benefits for the following four plan
years.''.
(f) No Withdrawal Liability for Employers Contributing to
Certain Fully Funded Legacy Plans.--Section 4211 of such Act
(29 U.S.C. 1382) is amended by adding at the end the
following:
``(g) No amount of unfunded vested benefits shall be
allocated to an employer that has an obligation to contribute
to a legacy plan described in subsection (e) of section 4201
for each plan year for which such subsection applies.''.
(g) No Obligation To Contribute.--Section 4212 of such Act
(29 U.S.C. 1392) is amended by adding at the end the
following:
``(d) No Obligation To Contribute.--An employer shall not
be treated as having an obligation to contribute to a
multiemployer defined benefit plan within the meaning of
subsection (a) solely because--
``(1) in the case of a multiemployer plan that includes a
composite plan component, the employer has an obligation to
contribute to the composite plan component of the plan;
``(2) the employer has an obligation to contribute to a
composite plan that is maintained pursuant to one or more
collective bargaining agreements under which the
multiemployer defined benefit plan is or previously was
maintained; or
``(3) the employer contributes or has contributed under
section 805(d) to a legacy plan associated with a composite
plan pursuant to a collective bargaining agreement but
employees of that employer were not eligible to accrue
benefits under the legacy plan with respect to service with
that employer.''.
(h) No Inference.--Nothing in the amendment made by
subsection (e) shall be construed to create an inference with
respect to the treatment under title IV of the Employee
Retirement Income Security Act of 1974, as in effect before
such amendment, of contributions by an employer to a
multiemployer plan described in the except clause of section
3(35) of such Act that are made before the effective date of
subsection (e) specified in subsection (h)(2).
(i) Effective Date.--
(1) In general.--Except as provided in subparagraph (2),
the amendments made by this section shall apply to plan years
beginning after the date of the enactment of this Act.
(2) Special rule for section 414(k) multiemployer plans.--
The amendment made by subsection (e) shall apply only to
required contributions payable for plan years beginning after
the date of the enactment of this Act.
SEC. 105. CONFORMING CHANGES.
(a) Definitions.--Section 3 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002) is amended--
(1) in paragraph (35), by inserting ``or a composite plan''
after ``other than an individual account plan''; and
(2) by adding at the end the following:
``(43) The term `composite plan' has the meaning given the
term in section 801(a).''.
(b) Special Funding Rule for Certain Legacy Plans.--
(1) Amendment to employee retirement income security act of
1974.--Section 304(b) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1084(b)) is amended by adding
at the end the following:
``(9) Special funding rule for certain legacy plans.--In
the case of a multiemployer defined benefit plan that has
adopted an amendment under section 801(b), in accordance with
which no further benefits shall accrue under the
multiemployer defined benefit plan, the plan sponsor may
combine the outstanding balance of all charge and credit
bases and amortize that combined base in level annual
installments (until fully amortized) over a period of 25 plan
years beginning with the plan year following the date all
benefit accruals ceased.''.
(2) Amendment to internal revenue code of 1986.--Section
431(b) of the Internal Revenue Code of 1986 is amended by
adding at the end the following:
``(9) Special funding rule for certain legacy plans.--In
the case of a multiemployer defined benefit plan that has
adopted an amendment under section 437(b), in accordance with
which no further benefits shall accrue under the
multiemployer defined benefit plan, the plan sponsor may
combine the outstanding balance of all charge and credit
bases and amortize that combined base in level annual
installments (until fully amortized) over a period of 25 plan
years beginning with the plan year following the date on
which all benefit accruals ceased.''.
(c) Benefits After Merger, Consolidation, or Transfer of
Assets.--
(1) Amendment to employee retirement income security act of
1974.--Section 208 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1058) is amended--
(A) by striking so much of the first sentence as precedes
``may not merge'' and inserting the following:
``(1) In general.--Except as provided in paragraph (2), a
pension plan may not merge, and''; and
(B) by striking the second sentence and adding at the end
the following:
``(2) Special requirements for multiemployer plans.--
Paragraph (1) shall not apply to any transaction to the
extent that participants either before or after the
transaction are covered under a multiemployer plan to which
title IV of this Act applies or a composite plan.''.
(2) Amendments to internal revenue code of 1986.--
(A) Qualification requirement.--Section 401(a)(12) of the
Internal Revenue Code of 1986 is amended--
(i) by striking ``(12) A trust'' and inserting the
following:
``(12) Benefits after merger, consolidation, or transfer of
assets.--
``(A) In general.--Except as provided in subparagraph (B),
a trust'';
(ii) by striking the second sentence; and
(iii) by adding at the end the following:
``(B) Special requirements for multiemployer plans.--
Subparagraph (A) shall not apply to any multiemployer plan
with respect to any transaction to the extent that
participants either before or after the transaction are
covered under a multiemployer plan to which title IV of the
Employee Retirement Income Security Act of 1974 applies or a
composite plan.''.
[[Page S6174]]
(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''.
[[Page S6175]]
(B) Internal revenue code of 1986.--Section
411(b)(1)(H)(iv) of the Internal Revenue Code of 1986 is
amended--
(i) in the heading by striking ``benefit'' and inserting
``benefit and the suspension and reduction of certain
benefits''; and
(ii) in the text by inserting before the period at the end
the following: ``, or benefits are reduced or suspended under
section 418E, 432(e), or 439, or under section 4281 of the
Employee Retirement Income Security Act of 1974''.
(5) Accrued benefit not to be decreased by amendment.--
(A) Employee retirement income security act of 1974.--
Section 204(g)(1) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1053(g)(1)) is amended by inserting
after ``302(d)(2)'' the following: ``, 305(e), 803, 4245,''.
(B) Internal revenue code of 1986.--Section 411(d)(6)(A) of
the Internal Revenue Code of 1986 is amended by inserting
after ``412(d)(2),'' the following: ``418E, 432(e), or
439,''.
(g) Certain Funding Rules Not Applicable.--
(1) Employee retirement income security act of 1974.--
Section 305 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1085) is amended by adding at the end the
following:
``(k) Legacy Plans.--Sections 302, 304, and 305 shall not
apply to an employer that has an obligation to contribute to
a plan that is a legacy plan within the meaning of section
805(a) solely because the employer has an obligation to
contribute to a composite plan described in section 801 that
is associated with that legacy plan.''.
(2) Internal revenue code of 1986.--Section 432 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following:
``(k) Legacy Plans.--Sections 412, 431, and 432 shall not
apply to an employer that has an obligation to contribute to
a plan that is a legacy plan within the meaning of section
440A(a) solely because the employer has an obligation to
contribute to a composite plan described in section 437 that
is associated with that legacy plan.''.
(h) Termination of Composite Plan.--Section 403(d) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1103(d) is amended--
(1) in paragraph (1), by striking ``regulations of the
Secretary.'' and inserting ``regulations of the Secretary, or
as provided in paragraph (3).''; and
(2) by adding at the end the following:
``(3) Section 4044(a) of this Act shall be applied in the
case of the termination of a composite plan by--
``(A) limiting the benefits subject to paragraph (3)
thereof to benefits as defined in section 802(b)(3)(B); and
``(B) including in the benefits subject to paragraph (4)
all other benefits (if any) of individuals under the plan
that would be guaranteed under section 4022A if the plan were
subject to title IV.''.
(i) Good Faith Compliance Prior to Guidance.--Where the
implementation of any provision of law added or amended by
this division is subject to issuance of regulations by the
Secretary of Labor, the Secretary of the Treasury, or the
Pension Benefit Guaranty Corporation, a multiemployer plan
shall not be treated as failing to meet the requirements of
any such provision prior to the issuance of final regulations
or other guidance to carry out such provision if such plan is
operated in accordance with a reasonable, good faith
interpretation of such provision.
SEC. 106. EFFECTIVE DATE.
Unless otherwise specified, the amendments made by this
division shall apply to plan years beginning after the date
of the enactment of this Act.
DIVISION I--CONTINUED ASSISTANCE TO UNEMPLOYED WORKERS
TITLE I--EXTENSIONS OF CARES ACT UNEMPLOYMENT BENEFITS FOR WORKERS
SEC. 101. 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--
``(A) to weeks of unemployment beginning after the date on
which such agreement is entered into and ending on or before
July 31, 2020; and
``(B) to weeks of unemployment beginning after September 5,
2020 (or, if later, the date on which such agreement is
entered into) and 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.''.
(d) 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).
SEC. 102. EXTENSION OF PANDEMIC UNEMPLOYMENT ASSISTANCE.
Section 2102(c) of the CARES Act (15 U.S.C. 9021(c)) is
amended by striking ``December 31, 2020'' and inserting
``January 31, 2021''.
SEC. 103. EXTENSION OF PANDEMIC EMERGENCY UNEMPLOYMENT
COMPENSATION.
Section 2107(g)(2) of the CARES Act (15 U.S.C. 9025(g)(2))
is amended by striking ``December 31, 2020'' and inserting
``January 31, 2021''.
SEC. 104. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME
COMPENSATION PAYMENTS IN STATES WITH PROGRAMS
IN LAW.
Section 2108(b)(2) of the CARES Act (15 U.S.C. 9026(b)(2))
is amended by striking ``December 31, 2020'' and inserting
``January 31, 2021''.
SEC. 105. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME
COMPENSATION AGREEMENTS.
Section 2109(d)(2) of the CARES Act (15 U.S.C. 9027(d)(2))
is amended by striking ``December 31, 2020'' and inserting
``January 31, 2021''.
SEC. 106. 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 (15 U.S.C. 9024(e)(2))
is amended by striking ``December 31, 2020'' and inserting
``January 31, 2021''.
TITLE II--ADDITIONAL WEEKS OF BENEFIT ELIGIBILITY
SEC. 201. ADDITIONAL WEEKS.
Subtitle A of title II of division A of the CARES Act (15
U.S.C. 9021 et seq.) is amended by inserting after section
2107 the following:
``SEC. 2107A. PANDEMIC EMERGENCY UNEMPLOYMENT EXTENSION
COMPENSATION.
``(a) Federal-State Agreements.--
``(1) In general.--Any State which desires to do so may
enter into and participate in an agreement under this section
with the Secretary of Labor (in this section referred to as
the `Secretary'). Any State which is a party to an agreement
under this section may, upon providing 30 days' written
notice to the Secretary, terminate such agreement.
``(2) Provisions of agreement.--Any agreement under
paragraph (1) shall provide that the State agency of the
State will make payments (in this section referred to as
`pandemic emergency unemployment extension compensation') to
individuals who--
``(A) have exhausted all rights to regular compensation,
extended compensation, pandemic unemployment assistance under
section 2102, and pandemic emergency unemployment
compensation under section 2107;
``(B) have no rights to any benefit specified in
subparagraph (A) or to compensation under any other Federal
law or under the unemployment compensation law of Canada; and
``(C) are able to work, available to work, and actively
seeking work.
``(3) Exhaustion of benefits.--For purposes of paragraph
(2)(A), an individual shall be deemed to have exhausted such
individual's rights to benefits specified in subparagraph (A)
when--
``(A) no payments of such benefits can be made because such
individual has received all such benefits available to such
individual based on employment or wages during such
individual's base period; or
``(B) such individual's rights to such benefits have been
terminated by reason of the expiration of the benefit year
with respect to which such rights existed.
``(4) Weekly benefit amount, etc.--For purposes of any
agreement under this section--
``(A) the amount of pandemic emergency unemployment
extension compensation which shall be payable to any
individual for any week of total unemployment shall be equal
to--
``(i) the amount of the base compensation (including any
dependents' allowances) payable to such individual during
such individual's benefit year under the State law for a week
of total unemployment; and
``(ii) the amount of Federal Pandemic Unemployment
Compensation under section 2104;
``(B) the terms and conditions of the State law which apply
to claims for regular compensation and to the payment thereof
(including terms and conditions relating to availability for
work, active search for work,
[[Page S6176]]
and refusal to accept work) shall apply to claims for
pandemic emergency unemployment extension compensation and
the payment thereof, except where otherwise inconsistent with
the provisions of this section or with the regulations or
operating instructions of the Secretary promulgated to carry
out this section;
``(C) the maximum amount of pandemic emergency unemployment
extension compensation payable to any individual for whom a
pandemic emergency unemployment extension compensation
account is established under subsection (b) shall not exceed
the amount established in such account for such individual;
and
``(D) the allowable methods of payment under section
2104(b)(2) shall apply to payments of amounts described in
subparagraph (A)(ii).
``(5) Nonreduction rule.--
``(A) In general.--An agreement under this section shall
not apply (or shall cease to apply) with respect to a State
upon a determination by the Secretary that the method
governing the computation of regular compensation under the
State law of that State has been modified in a manner such
that the number of weeks (the maximum benefit entitlement),
or the average weekly benefit amount, of regular compensation
which will be payable during the period of the agreement will
be less than the number of weeks, or the average weekly
benefit amount, of the average weekly benefit amount of
regular compensation which would otherwise have been payable
during such period under the State law, as in effect on
January 1, 2020.
``(B) Maximum benefit entitlement.--In subparagraph (A),
the term `maximum benefit entitlement' means the amount of
regular compensation payable to an individual with respect to
the individual's benefit year.
``(6) Actively seeking work.--
``(A) In general.--For purposes of paragraph (2)(C), the
term `actively seeking work' means, with respect to any
individual, that such individual--
``(i) is registered for employment services in such a
manner and to such extent as prescribed by the State agency;
``(ii) has engaged in an active search for employment that
is appropriate in light of the employment available in the
labor market, the individual's skills and capabilities, and
includes a number of employer contacts that is consistent
with the standards communicated to the individual by the
State;
``(iii) has maintained a record of such work search,
including employers contacted, method of contact, and date
contacted; and
``(iv) when requested, has provided such work search record
to the State agency.
``(B) Flexibility.--Notwithstanding the requirements under
subparagraph (A) and paragraph (2)(C), a State shall provide
flexibility in meeting such requirements in case of
individuals unable to search for work because of COVID-19,
including because of illness, quarantine, or movement
restriction.
``(b) Pandemic Emergency Unemployment Compensation
Account.--
``(1) In general.--Any agreement under this section shall
provide that the State will establish, for each eligible
individual who files an application for pandemic emergency
unemployment extension compensation, a pandemic emergency
unemployment extension compensation account with respect to
such individual's benefit year.
``(2) Amount in account.--The amount established in an
account under subsection (a) shall be equal to 13 times the
individual's average weekly benefit amount, which includes
the amount of Federal Pandemic Unemployment Compensation
under section 2104, for the benefit year.
``(3) Weekly benefit amount.--For purposes of this
subsection, an individual's weekly benefit amount for any
week is the amount of base compensation (including any
dependents' allowances) under the State law payable to such
individual for such week for total unemployment plus the
amount of Federal Pandemic Unemployment Compensation under
section 2104.
``(c) Payments to States Having Agreements for the Payment
of Pandemic Emergency Unemployment Extension Compensation.--
``(1) In general.--There shall be paid to each State that
has entered into an agreement under this section an amount
equal to 100 percent of the pandemic emergency unemployment
extension compensation paid to individuals by the State
pursuant to such agreement.
``(2) Treatment of reimbursable compensation.--No payment
shall be made to any State under this section in respect of
any compensation to the extent the State is entitled to
reimbursement in respect of such compensation under the
provisions of any Federal law other than this section or
chapter 85 of title 5, United States Code. A State shall not
be entitled to any reimbursement under such chapter 85 in
respect of any compensation to the extent the State is
entitled to reimbursement under this section in respect of
such compensation.
``(3) Determination of amount.--Sums payable to any State
by reason of such State having an agreement under this
section shall be payable, either in advance or by way of
reimbursement (as may be determined by the Secretary), in
such amounts as the Secretary estimates the State will be
entitled to receive under this section for each calendar
month, reduced or increased, as the case may be, by any
amount by which the Secretary finds that the Secretary's
estimates for any prior calendar month were greater or less
than the amounts which should have been paid to the State.
Such estimates may be made on the basis of such statistical,
sampling, or other method as may be agreed upon by the
Secretary and the State agency of the State involved.
``(d) Financing Provisions.--
``(1) Compensation.--
``(A) In general.--Funds in the extended unemployment
compensation account (as established by section 905(a) of the
Social Security Act (42 U.S.C. 1105(a)) of the Unemployment
Trust Fund (as established by section 904(a) of such Act (42
U.S.C. 1104(a)) shall be used for the making of payments to
States having agreements entered into under this section.
``(B) Transfer of funds.--Notwithstanding any other
provision of law, the Secretary of the Treasury shall
transfer from the general fund of the Treasury (from funds
not otherwise appropriated) to the extended unemployment
compensation account such sums as the Secretary of Labor
estimates to be necessary to make payments described in
subparagraph (A). There are appropriated from the general
fund of the Treasury, without fiscal year limitation, the
sums referred to in the preceding sentence and such sums
shall not be required to be repaid.
``(2) Administration.--
``(A) In general.--There are appropriated out of the
employment security administration account (as established by
section 901(a) of the Social Security Act (42 U.S.C. 1101(a))
of the Unemployment Trust Fund, without fiscal year
limitation, such funds as may be necessary for purposes of
assisting States (as provided in title III of the Social
Security Act (42 U.S.C. 501 et seq.)) in meeting the costs of
administration of agreements under this section.
``(B) Transfer of funds.--Notwithstanding any other
provision of law, the Secretary of the Treasury shall
transfer from the general fund of the Treasury (from funds
not otherwise appropriated) to the employment security
administration account such sums as the Secretary of Labor
estimates to be necessary to make payments described in
subparagraph (A). There are appropriated from the general
fund of the Treasury, without fiscal year limitation, the
sums referred to in the preceding sentence and such sums
shall not be required to be repaid.
``(3) Certification.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this subsection.
The Secretary of the Treasury, prior to audit or settlement
by the Government Accountability Office, shall make payments
to the State in accordance with such certification, by
transfers from the extended unemployment compensation account
(as so established) to the account of such State in the
Unemployment Trust Fund (as so established).
``(e) Fraud and Overpayments.--
``(1) In general.--If an individual knowingly has made, or
caused to be made by another, a false statement or
representation of a material fact, or knowingly has failed,
or caused another to fail, to disclose a material fact, and
as a result of such false statement or representation or of
such nondisclosure such individual has received an amount of
pandemic emergency unemployment extension compensation under
this section to which such individual was not entitled, such
individual--
``(A) shall be ineligible for further pandemic emergency
unemployment extension compensation under this section in
accordance with the provisions of the applicable State
unemployment compensation law relating to fraud in connection
with a claim for unemployment compensation; and
``(B) shall be subject to prosecution under section 1001 of
title 18, United States Code.
``(2) Repayment.--In the case of individuals who have
received amounts of pandemic emergency unemployment extension
compensation under this section to which they were not
entitled, the State shall require such individuals to repay
the amounts of such pandemic emergency unemployment extension
compensation to the State agency, except that the State
agency may waive such repayment if it determines that--
``(A) the payment of such pandemic emergency unemployment
extension compensation was without fault on the part of any
such individual; and
``(B) such repayment would be contrary to equity and good
conscience.
``(3) Recovery by state agency.--
``(A) In general.--The State agency shall recover the
amount to be repaid, or any part thereof, by deductions from
any pandemic emergency unemployment extension compensation
payable to such individual under this section or from any
unemployment compensation payable to such individual under
any State or Federal unemployment compensation law
administered by the State agency or under any other State or
Federal law administered by the State agency which provides
for the payment of any assistance or allowance with respect
to any week of unemployment, during the 3-year period after
the date such individuals received the payment of the
pandemic emergency unemployment extension compensation to
which they were not entitled, in accordance with the same
procedures as apply to the recovery of overpayments of
regular unemployment benefits paid by the State.
``(B) Opportunity for hearing.--No repayment shall be
required, and no deduction
[[Page S6177]]
shall be made, until a determination has been made, notice
thereof and an opportunity for a fair hearing has been given
to the individual, and the determination has become final.
``(4) Review.--Any determination by a State agency under
this section shall be subject to review in the same manner
and to the same extent as determinations under the State
unemployment compensation law, and only in that manner and to
that extent.
``(f) Definitions.--In this section--
``(1) the terms `compensation', `regular compensation',
`extended compensation', `benefit year', `base period',
`State', `State agency', `State law', and `week' have the
respective meanings given such terms under section 205 of the
Federal-State Extended Unemployment Compensation Act of 1970
(26 U.S.C. 3304 note); and
``(2) the term `base compensation' means, as applicable--
``(A) regular compensation; or
``(B) pandemic unemployment assistance under section 2102.
``(g) Applicability.--An agreement entered into under this
section shall apply to weeks of unemployment--
``(1) beginning after the date on which such agreement is
entered into; and
``(2) ending on or before January 31, 2021.''.
TITLE III--CLARIFICATIONS AND IMPROVEMENTS TO PANDEMIC UNEMPLOYMENT
ASSISTANCE
SEC. 301. CLARIFICATION OF PANDEMIC UNEMPLOYMENT ASSISTANCE
ELIGIBILITY FOR PRIMARY CAREGIVING.
(a) In General.--Section 2102(a)(3)(A)(ii)(I)(dd) of the
CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)(dd)) is amended by
striking ``that is closed as a direct result of the COVID-19
public health emergency'' and inserting ``because the school
or facility is closed or only partially reopened due to
COVID-19, because child or family care is not available or
affordable during the hours work is available due to COVID-
19, or because physical attendance at the school or facility
presents an unacceptable health risk for the household or the
individual in need of care due to COVID-19,''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect upon the date of the enactment of this Act.
SEC. 302. WAIVER AUTHORITY FOR CERTAIN OVERPAYMENTS OF
PANDEMIC UNEMPLOYMENT ASSISTANCE.
(a) In General.--Section 2102(d) of the CARES Act (15
U.S.C. 9021(d)) is amended by adding at the end the
following:
``(4) Waiver authority.--In the case of individuals who
have received amounts of Pandemic Unemployment Assistance to
which they were not entitled, the State shall require such
individuals to repay the amounts of such Pandemic
Unemployment Assistance to the State agency, except that the
State agency shall waive such repayment if it determines
that--
``(A) the payment of such Pandemic Unemployment Assistance
was without fault on the part of any such individual; and
``(B) such repayment would be contrary to equity and good
conscience.''.
(b) 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).
SEC. 303. CLARIFICATION OF ACCESS TO PANDEMIC UNEMPLOYMENT
ASSISTANCE FOR WORKERS AT BUSINESSES THAT
REDUCED STAFF DUE TO THE PANDEMIC.
(a) In General.--Section 2102(a)(3)(A)(ii)(I)(jj) of the
CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)(jj)) is amended by
inserting ``or its operations are otherwise curtailed,
including by reducing hours of operation, staffing levels,
occupancy, or other changes that are recommended or
required,'' after ``closed''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to weeks of unemployment beginning
after the date of the enactment of this Act.
SEC. 304. HOLD HARMLESS FOR PANDEMIC UNEMPLOYMENT ASSISTANCE.
(a) In General.--Section 2102(c) of the CARES Act (15
U.S.C. 9021(c)) is amended by adding at the end the
following:
``(4) Continued eligibility for assistance.--As a condition
of continued eligibility for assistance under this section, a
covered individual shall submit a recertification to the
State for each week after the individual's 1st week of
eligibility that certifies that the individual remains an
individual described in subsection (a)(3)(A)(ii) for such
week.''.
(b) Effective Date; Special Rule.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to weeks beginning on or after the date
that is 30 days after the date of enactment of this section.
(2) Special rule.--In the case of any State that made a
good faith effort to implement section 2102 of the CARES Act
in accordance with rules similar to those provided in section
625.6 of title 20, Code of Federal Regulations, for weeks
ending before the effective date specified in paragraph (1),
an individual who received Pandemic Unemployment Assistance
from such State for any such week shall not be considered
ineligible for such assistance for such week solely by reason
of failure to submit a recertification described in
subsection (c)(4) of such section.
TITLE IV--EXTENSION OF RELIEF TO STATES AND EMPLOYERS
SEC. 401. EXTENSION OF FULL FEDERAL FUNDING OF EXTENDED
UNEMPLOYMENT COMPENSATION.
Section 4105 of the Families First Coronavirus Response Act
(26 U.S.C. 3304 note) is amended by striking ``December 31,
2020'' each place it appears and inserting ``June 30, 2021''.
SEC. 402. 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. 403. EXTENSION OF EMERGENCY RELIEF FOR GOVERNMENTAL
ENTITIES AND NONPROFIT ORGANIZATIONS.
Section 903(i)(1)(D) of the Social Security Act (42 U.S.C.
1103(i)(1)(D)) is amended by striking ``December 31, 2020''
and inserting ``June 30, 2021''.
TITLE V--CORRECTIVE ACTION FOR PROCESSING BACKLOGS
SEC. 501. STATE REPORTING ON CLAIMS BACKLOGS.
(a) In General.--Section 2104 of the CARES Act (15 U.S.C.
9023) is amended by adding at the end the following:
``(j) State Accountability Relating to Claims Backlogs.--As
a condition of any agreement under this section, the
following rules shall apply:
``(1) Claims reporting.--
``(A) In general.--Each State participating in such an
agreement shall submit to the Secretary of Labor on a weekly
basis a report on the status in the State of any backlog of
the processing of unemployment claims, including claims for
regular compensation, extended compensation, Pandemic
Unemployment Assistance, and Pandemic Emergency Unemployment
Compensation. Such report shall include a description, with
respect to the previous week, of each of the following:
``(i) The number of initial claims still in process,
disaggregated by the number of such claims still pending--
``(I) because of nonmonetary determinations;
``(II) because of monetary determinations;
``(III) because of suspected fraud; and
``(IV) for any other reason.
``(ii) The number of initial claims denied.
``(iii) The number of individuals with respect to whom a
continued claim was paid.
``(iv) The number of individuals with respect to whom a
continued claim is still in process, disaggregated by the
number of such claims still pending--
``(I) because of nonmonetary determinations;
``(II) because of monetary determinations;
``(III) because of suspected fraud; and
``(IV) for any other reason.
``(v) The number of individuals with respect to whom a
continued claims was denied.
``(B) Report to congress.--Upon receipt of a report
described in subparagraph (A), the Secretary of Labor shall
publish such report on the website of the Department of Labor
and shall submit such report to the Committee on Ways and
Means of the House of Representatives and the Committee on
Finance of the Senate.
``(2) Corrective action plans.--
``(A) In general.--Not later than 90 days after the date of
enactment of this subsection and at least every 90 days
thereafter, each State participating in such an agreement
shall submit to the Secretary of Labor a corrective action
plan that includes a description of the actions the State has
taken and intends to take to address any backlog of the
processing of unemployment claims described in paragraph
(1)(A). The Secretary may waive the requirement under this
subparagraph with respect to any State that the Secretary
determines has made adequate progress in addressing any such
backlog.
``(B) Technical assistance.--The Secretary of Labor shall
make technical assistance available to States to the extent
feasible to enable States to develop and implement corrective
action plans in accordance with this paragraph. If the
Secretary of Labor determines at any time that a State has
failed to take reasonable actions under a corrective action
plan to address a claims backlog, the State shall collaborate
with the Secretary to develop a subsequent corrective action
plan to achieve clearly defined, targeted outcomes.
``(C) Report to congress.--Upon receipt of a corrective
action plan described in subparagraph (A), the Secretary of
Labor shall publish such plan on the website of the
Department of Labor and shall submit such report to the
Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to weeks beginning after the date of
enactment of this Act.
TITLE VI--ADDITIONAL BENEFITS FOR MIXED EARNERS
SECTION 601. MIXED EARNER UNEMPLOYMENT COMPENSATION.
(a) In General.--Section 2104(b)(1) of the CARES Act (15
U.S.C. 9023(b)(1)) is amended--
(1) in subparagraph (B), by striking the period at the end
and inserting ``, plus''; and
(2) by adding at the end the following:
``(C) an additional amount of $125 (in this section
referred to as `Mixed Earner Unemployment Compensation') in
any case in which the individual received at least $5,000 of
self-employment income (as defined in section 1402(b) of the
Internal Revenue Code
[[Page S6178]]
of 1986) in the most recent taxable year ending prior to the
individual's application for regular compensation.''.
(b) Conforming Amendments.--Section 2104 of such Act is
amended--
(1) by inserting ``or Mixed Earner Unemployment
Compensation'' after ``Federal Pandemic Unemployment
Compensation'' each place such term appears in subsection
(b)(2), (c), or (f) of such section;
(2) in subsection (d), by inserting ``and Mixed Earner
Unemployment Compensation'' after ``Federal Pandemic
Unemployment Compensation''; and
(3) in subsection (g), by striking ``provide that'' and all
that follows through the end and inserting ``provide that--
``(1) the purposes of the preceding provisions of this
section, as such provisions apply with respect to Federal
Pandemic Unemployment Compensation, shall be applied with
respect to unemployment benefits described in subsection
(i)(2) to the same extent and in the same manner as if those
benefits were regular compensation; and
``(2) the purposes of the preceding provisions of this
section, as such provisions apply with respect to Mixed
Earner Unemployment Compensation, shall be applied with
respect to unemployment benefits described in subparagraph
(B) or (D) of subsection (i)(2) to the same extent and in the
same manner as if those benefits were regular
compensation.''.
(c) Applicability.--The amendments made by this section
shall not apply with respect to a State participating in an
agreement under section 2104 of the CARES Act unless the
State so elects, in which case such amendments shall apply
with respect to weeks of unemployment beginning on or after
the later of the date of such election or the date of
enactment of this section.
TITLE VII--TECHNICAL CORRECTIONS
SEC. 701. GRACE PERIOD FOR FULL FINANCING OF SHORT-TIME
COMPENSATION PROGRAMS.
Section 2108(c) of the CARES Act (15 U.S.C. 9026(c)) 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.''.
SEC. 702. TECHNICAL CORRECTION FOR THE COMMONWEALTH OF
NORTHERN MARIANA ISLANDS.
A Commonwealth Only Transitional Worker (as defined in
section 6(i)(2) of the Joint Resolution entitled ``A Joint
Resolution to approve the `Covenant To Establish a
Commonwealth of the Northern Mariana Islands in Political
Union with the United States of America', and for other
purposes'' (48 U.S.C. 1806)) shall be considered a qualified
alien under section 431 of Public Law 104-193 (8 U.S.C. 1641)
for purposes of eligibility for a benefit under section 2102
or 2104 of the CARES Act.
SEC. 703. TECHNICAL AMENDMENT RELATING TO PANDEMIC
UNEMPLOYMENT ASSISTANCE.
Section 2102(h) of the CARES Act (15 U.S.C. 9021(h)) is
amended by striking ``section 625'' each place it appears and
inserting ``part 625''.
DIVISION J--EMERGENCY ASSISTANCE, ELDER JUSTICE, AND CHILD AND FAMILY
SUPPORT
TITLE I--EMERGENCY ASSISTANCE
SEC. 101. 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) 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
$11,325,000,000 for fiscal year 2020, of which $9,600,000,000
shall be obligated by States in accordance with this
subsection.
(B) 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, which
shall remain available until the end of fiscal year 2021.
(C) 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.
(D) 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.
(E) Deadline for obligation of funds by states.--A State to
which funds made available by this paragraph are distributed
shall obligate the funds not later than 120 days after
receipt.
(F) Deadline for expenditure of funds.--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 shall pass at
least 50 percent of all funds so made available through to
the chief elected official of the city or county that
administers the program.
(ii) In the case of any other State and any State to which
clause (i) applies that does not pass through funds as
described in that clause, the State shall--
(I) pass at least 50 percent of 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.
[[Page S6179]]
(b) Funding for 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 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 September 30, 2021, and the funds shall be
expended by grantees and subgrantees not later than September
30, 2022, 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 $400,000,000 to make tribal grants under this
subsection.
SEC. 102. 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, and may include training on how to safely
conduct intimate partner violence screenings, and training on
safety and 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 grocery 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 the use of electronic information and
telecommunications technologies.
(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 of Health and Human Services
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 II--REAUTHORIZATION OF FUNDING FOR PROGRAMS TO PREVENT,
INVESTIGATE, AND PROSECUTE ELDER ABUSE, NEGLECT, AND EXPLOITATION
SEC. 201. ELDER ABUSE, NEGLECT, AND EXPLOITATION FORENSIC
CENTERS.
Section 2031(f) of the Social Security Act (42 U.S.C.
1397l(f)) is amended--
(1) in paragraph (2), by striking ``and'' after the
semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) for fiscal year 2021, $5,000,000.''.
SEC. 202. GRANTS FOR LONG-TERM CARE STAFFING AND TECHNOLOGY.
Section 2041(d) of the Social Security Act (42 U.S.C.
1397m(d)) is amended--
(1) in paragraph (2), by striking ``and'' after the
semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) for fiscal year 2021, $14,000,000.''.
SEC. 203. ADULT PROTECTIVE SERVICES FUNCTIONS AND GRANT
PROGRAMS.
Section 2042 of the Social Security Act (42 U.S.C. 1397m-1)
is amended--
(1) in subsection (a)(2), by striking ``$3,000,000'' and
all that follows through the period and inserting
``$3,000,000 for fiscal year 2021.'';
(2) in subsection (b)(5), by striking ``$100,000,000'' and
all that follows through the period and inserting
``$100,000,000 for fiscal year 2021.''; and
(3) in subsection (c)(6), by striking ``$25,000,000'' and
all that follows through the period and inserting
``$20,000,000 for fiscal year 2021.''.
SEC. 204. LONG-TERM CARE OMBUDSMAN PROGRAM GRANTS AND
TRAINING.
Section 2043 of the Social Security Act (42 U.S.C. 1397m-2)
is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (B), by striking ``and'' after the
semicolon;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(D) for fiscal year 2021, $8,000,000.''; and
(2) in subsection (b)(2), by inserting before the period
the following: ``, and for fiscal year 2021, $10,000,000''.
SEC. 205. INVESTIGATION SYSTEMS AND TRAINING.
Section 6703(b) of the Patient Protection and Affordable
Care Act (42 U.S.C. 1395i-3a(b)) is amended--
(1) in paragraph (1)(C), by striking ``for the period'' and
all that follows through the period and inserting ``for
fiscal year 2021, $10,000,000.''; and
(2) in paragraph (2)(C), by striking ``for each of fiscal
years 2011 through 2014, $5,000,000'' and inserting ``for
fiscal year 2021, $4,000,000''.
SEC. 206. INCREASED FUNDING FOR STATES AND INDIAN TRIBES FOR
ADULT PROTECTIVE SERVICES.
(a) Increase in Funding.--
(1) Reservation of funds.--Of the amount made available to
carry out subtitle A of title XX of the Social Security Act
for fiscal year 2020, $25,000,000 shall be reserved for
obligation 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 $25,000,000 for fiscal year 2020 to make grants
to States under this subsection, which shall remain available
until the end of fiscal year 2021.
(3) 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 reserved
under paragraph (1) of this subsection, which shall be made
available to States (as defined for purposes of title XX of
the Social Security Act in section 1101 of such Act (42
U.S.C. 1301)) on an emergency basis for immediate obligation
and expenditure.
(4) Submission of revised pre-expenditure report.--Within
90 days after a State receives funds distributed under
paragraph
[[Page S6180]]
(3), the State shall submit to the Secretary of Health and
Human Services a revised pre-expenditure report pursuant to
subtitle A of title XX of the Social Security Act (42 U.S.C.
1397 et seq.) that describes how the State plans to
administer the funds.
(5) Deadline for obligation of funds by states.--Within 120
days after funds are distributed to a State under paragraph
(3), the State shall obligate the funds.
(6) Deadline for expenditure of funds.--A grantee to which
a State (or a subgrantee to which a grantee) provides funds
distributed under this subsection shall expend the funds not
later than December 31, 2021.
(b) Rules Governing Use of Additional Funds.--Funds are
used in accordance with this subsection if--
(1) the funds are used for adult protective services (as
defined in section 2011(2) of the Social Security Act (42
U.S.C. 1397j(2));
(2) the funds are used subject to the limitations in
section 2005 of the Social Security Act (42 U.S.C. 1397d);
and
(3) the funds are used to supplement, not supplant, State
general revenue funds or funds provided under section 2002 of
the Social Security Act for adult protective services.
(c) Funding for 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 Indian Tribes and Tribal
organizations (as defined in section 677(e)(1) of the
Community Services Block Grant Act (42 U.S.C. 9911(e)(1))).
(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 September 30, 2021, and the funds shall be
expended by grantees and subgrantees not later than December
31, 2021, and used in accordance with subsection (b) of this
section (except that paragraph (3) of such subsection shall
be applied by substituting ``general revenue funds of the
Indian Tribe or Tribal organization'' for ``State general
revenue funds'').
(3) Reports.--
(A) Pre-expenditure report and intended use plan.--Not
later than 90 days after an Indian Tribe or Tribal
organization receives funds made available by this
subsection, the Indian Tribe or Tribal organization shall
submit to the Secretary of Health and Human Services a pre-
expenditure report on the intended use of such funds
including information on the types of activities to be
supported and the categories or characteristics of
individuals to be served. The Indian Tribe or Tribal
organization shall subsequently revise the pre-expenditure
report as necessary to reflect substantial changes in the
activities to be supported or the categories or
characteristics of individuals to be served.
(B) Post-expenditure report.--Not later than January 1,
2022, each Indian Tribe or Tribal organization that receives
funds made available under this section shall submit to the
Secretary of Health and Human Services a report on the
activities supported by such funds. Such report shall be in
such form and contain such information (including the
information described in section 2006(c) of the Social
Security Act (42 U.S.C. 1397e(c))) as the Tribe or
organization finds necessary to provide an accurate
description of such activities, to secure a complete record
of the purposes for which funds were spent, and to determine
the extent to which funds were spent in a manner consistent
with the report required by subparagraph (A).
(4) Appropriation.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated $650,000 for making grants to Indian Tribes and
Tribal organizations under this subsection.
SEC. 207. ASSESSMENT REPORTS.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Health and Human
Services shall submit a report to the Congress on the
programs, coordinating bodies, registries, and activities
established or authorized under subtitle B of title XX of the
Social Security Act (42 U.S.C. 1397l et seq.) or section
6703(b) of the Patient Protection and Affordable Care Act (42
U.S.C. 1395i-3a(b)). The report shall assess the extent to
which such programs, coordinating bodies, registries, and
activities have improved access to, and the quality of,
resources available to aging Americans and their caregivers
to ultimately prevent, detect, and treat abuse, neglect, and
exploitation, and shall include, as appropriate,
recommendations to Congress on funding levels and policy
changes to help these programs, coordinating bodies,
registries, and activities better prevent, detect, and treat
abuse, neglect, and exploitation of aging Americans.
(b) Limitations on Authorization of Appropriations.--For
fiscal year 2021, out of any money in the Treasury of the
United States not otherwise appropriated, there are
authorized to be appropriated to the Secretary of Health and
Human Services $1,000,000 to carry out this section.
TITLE III--FAIRNESS FOR SENIORS AND PEOPLE WITH DISABILITIES DURING
COVID-19
SEC. 301. SOCIAL SECURITY AND SUPPLEMENTAL SECURITY INCOME
BENEFICIARY PROTECTIONS REGARDING INCORRECT
PAYMENTS DURING COVID-19.
(a) No Adjustment, Recovery, or Liability With Respect to
Certain Incorrect Payments.--
(1) In general.--
(A) No adjustment, recovery, or liability.--Notwithstanding
any other provision of title II, title VIII, title XI, or
title XVI of the Social Security Act, and subject to
subparagraph (D), in the case of any payment under title II,
title VIII, or title XVI of such Act of more than the correct
amount for any month during the period beginning on March 1,
2020, and ending on January 31, 2021 (other than a payment
described in paragraph (2)), there shall be no adjustment of
such payment to, or recovery by the United States from, any
person, estate, State, or organization, and no person,
estate, State, or organization shall be liable for the
repayment of the amount of such payment in excess of the
correct amount.
(B) Automatic relief.--The Commissioner of Social Security
shall apply subparagraph (A) to each payment described
therein without requiring such person, estate, State, or
organization to so request and regardless of whether such
person, estate, State, or organization so requests.
(C) Presumptions to apply.--For the purposes of precluding
such adjustment or recovery, the Commissioner of Social
Security may presume--
(i) all such persons, estates, States, or organizations to
be not at fault; and
(ii) recovery to be against equity and good conscience.
(D) Rule of construction.--Notwithstanding the preceding
subparagraphs, in case of any payment described in
subparagraph (A) that has been recovered, in full or in part,
the Commissioner of Social Security shall have no obligation
to issue refunds of such recovered amounts.
(2) Amounts subject to liability and recovery.--A payment
described in this paragraph is a payment of more than the
correct amount resulting from--
(A) a conviction for an offense under section 208(a), 811,
or 1632(a) of the Social Security Act;
(B) an incorrect or incomplete statement that is knowingly
made and material, or the knowing concealment of material
information; or
(C) a determination that a representative payee misused
benefits made under section 205(j), 807, or 1631(a)(2) of the
Social Security Act,
but only if such offense, misstatement, or misuse occurred
on or after March 1.
(b) Notifications; Suspension of Recovery Upon Request.--
(1) Recovery by adjustment of benefits.--
(A) In general.--Not later than November 30, 2020, the
Commissioner of Social Security shall--
(i) notify each covered individual of the opportunity to
request that the adjustment of benefits described in
subparagraph (B) be reduced or suspended during the period
described in subsection (a)(1); and
(ii) reduce or suspend (as requested) such adjustment
immediately upon receipt of the request.
(B) Covered individual.--In this paragraph, the term
``covered individual'' means an individual with respect to
whom the recovery of any payment under title II, title VIII,
or title XVI of the Social Security Act of more than the
correct amount (other than a payment described in paragraph
(a)(2)) is in effect, by adjustment of the individual's
monthly benefits or underpayments, for any month during the
period described in subsection (a)(1).
(2) Recovery by installment agreements.--Not later than
November 30, 2020, the Commissioner of Social Security shall
notify each party owing a debt to the Social Security
Administration (other than a debt arising from a payment
described in paragraph (a)(2)) with respect to which an
installment agreement is in effect of the opportunity to
request that the installment payments under such agreement be
suspended during the period described in subsection (a)(1),
and shall suspend such payments upon request. The
Commissioner of Social Security shall deem a debt for which
such a suspension has been made to be not delinquent during
such period.
(c) Report.--Not later than 30 days after the date of
enactment of this Act, the Commissioner of Social Security
shall submit a report to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of
the Senate describing the Commissioner's activities under
this section.
(d) Deemed Eligibility for SSI for Purposes of Determining
Medicaid Eligibility.--
(1) In general.--Notwithstanding any provision of title XVI
or title XIX of the Social Security Act (or section 212(a) of
Public Law 93-66), each individual who receives a covered
supplemental payment for any month during the period
described in subsection (a)(1) and is subsequently determined
to be ineligible
[[Page S6181]]
for such payment shall be deemed to be a recipient of
supplemental security income benefits under title XVI or
State supplementary benefits of the type referred to in
section 1616(a) of such Act (or payments of the type
described in section 212(a) of Public Law 93-66), as the case
may be, for such month for purposes of determining the
individual's eligibility 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 plan).
(2) Covered supplemental payment.--For purposes of this
subsection, a covered supplemental payment is--
(A) a payment of a supplemental security income benefit
under title XVI of the Social Security Act; or
(B) a State supplementary payment of the type referred to
in section 1616(a) of such title (or a payment of the type
described in section 212(a) of Public Law 93-66).
(e) Protection for Certain Medicare Beneficiaries.--
Notwithstanding section 226(a) of the Social Security Act, in
the case of any individual--
(1) who is entitled to hospital insurance benefits under
part A of title XVIII of the Social Security by operation of
section 226(a) of such Act; and
(2) whose entitlement to monthly insurance benefits under
section 202 of such Act or status as a qualified railroad
retirement beneficiary (as defined in section 226(d) of such
Act) terminates with any month during the period beginning on
March 1, 2020, and ending on January 31, 2021, as a result of
a determination made on or after August 31, 2020,
the individual's entitlement to such hospital insurance
benefits shall end with the month following the month in
which notice of termination of such entitlement to monthly
insurance benefits under section 202 of such Act or such
status as a qualified railroad retirement beneficiary is
mailed to the individual, or if earlier, with the month
before the month in which the individual dies.
(f) Hold Harmless for the Social Security Trust Funds.--
There are appropriated, out of any moneys in the Treasury not
otherwise appropriated, to each of the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund for each fiscal year such amounts as the
chief actuary of the Social Security Administration shall
certify are necessary to place each such Trust Fund in the
same position at the end of such fiscal year as it would have
been in if the amendments made by this section had not been
enacted.
TITLE IV--SUPPORTING FOSTER YOUTH AND FAMILIES THROUGH THE PANDEMIC
SEC. 401. SHORT TITLE.
This title may be cited as the ``Supporting Foster Youth
and Families through the Pandemic Act''.
SEC. 402. 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 pursuant to section 319 of the
Public Health Service Act, entitled ``Determination that a
Public Health Emergency Exists Nationwide as the Result of
the 2019 Novel Coronavirus''.
(2) COVID-19 public health emergency period.--The term
``COVID-19 public health emergency period'' means the period
beginning on April 1, 2020 and ending with September 30,
2021.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 403. CONTINUED SAFE OPERATION OF CHILD WELFARE PROGRAMS
AND SUPPORT FOR OLDER FOSTER YOUTH.
(a) Funding Increases.--
(1) Increase in support for chafee programs.--Out of any
money in the Treasury of the United States not otherwise
appropriated, there are appropriated $400,000,000 for fiscal
year 2020, to carry out section 477 of the Social Security
Act, in addition to any amounts otherwise made available for
such purpose.
(2) Education and training vouchers.--Of the amount made
available by reason of paragraph (1) of this subsection, not
less than $50,000,000 shall be reserved for the provision of
vouchers pursuant to section 477(h)(2) of the Social Security
Act.
(3) Applicability of technical assistance to additional
funds.--
(A) In general.--Section 477(g)(2) of the Social Security
Act shall apply with respect to the amount made available by
reason of paragraph (1) of this subsection as if the amount
were included in the amount specified in section 477(h) of
such Act.
(B) Reservation of funds.--
(i) In general.--Of the amount to which section 477(g)(2)
of the Social Security Act applies by reason of subparagraph
(A) of this paragraph, the Secretary shall reserve not less
than $500,000 to provide technical assistance to a State
implementing or seeking to implement a driving and
transportation program for foster youth.
(ii) Provider qualifications.--The Secretary shall ensure
that the entity providing the assistance has demonstrated the
capacity to--
(I) successfully administer activities in 1 or more States
to provide driver's licenses to youth who are in foster care
under the responsibility of the State; and
(II) increase the number of such foster youth who obtain a
driver's license.
(4) Inapplicability of state matching requirement to
additional funds.--In making payments under subsections
(a)(4) and (e)(1) of section 474 of the Social Security Act
from the additional funds made available as a result of
paragraphs (1) and (2) of this subsection, the percentages
specified in subsections (a)(4)(A)(i) and (e)(1) of such
section are, respectively, deemed to be 100 percent.
(5) Maximum award amount.--The dollar amount specified in
section 477(i)(4)(B) of the Social Security Act through the
end of fiscal year 2021 is deemed to be $12,000.
(6) Inapplicability of nytd penalty to additional funds.--
In calculating any penalty under section 477(e)(2) of the
Social Security Act with respect to the National Youth in
Transition Database (NYTD) for the COVID-19 public health
emergency period, none of the additional funds made available
by reason of paragraphs (1) and (2) of this subsection shall
be considered to be part of an allotment to a State under
section 477(c) of such Act.
(b) Maximum Age Limitation on Eligibility for Assistance.--
During fiscal years 2020 and 2021, a child may be eligible
for services and assistance under section 477 of the Social
Security Act until the child attains 27 years of age,
notwithstanding any contrary certification made under such
section.
(c) Special Rule.--With respect to funds made available by
reason of subsection (a) that are used during the COVID-19
public health emergency period to support activities due to
the COVID-19 pandemic, the Secretary may not require any
State to provide proof of a direct connection to the pandemic
if doing so would be administratively burdensome or would
otherwise delay or impede the ability of the State to serve
foster youth.
(d) Programmatic Flexibilities.--During the COVID-19 public
health emergency period:
(1) Suspension of certain requirements under the education
and training voucher program.--The Secretary shall allow a
State to waive the applicability of the requirement in
section 477(i)(3) of the Social Security Act that a youth
must be enrolled in a postsecondary education or training
program or making satisfactory progress toward completion of
that program if a youth is unable to do so due to the COVID-
19 public health emergency.
(2) Authority to use vouchers to maintain training and
postsecondary education.--A voucher provided under a State
educational and training voucher program under section 477(i)
of the Social Security Act may be used for maintaining
training and postsecondary education, including less than
full-time matriculation costs or other expenses that are not
part of the cost of attendance but would help support youth
in remaining enrolled as described in paragraph (1) of this
subsection.
(3) Authority to waive limitations on percentage of funds
used for housing assistance and eligibility for such
assistance.--Notwithstanding section 477(b)(3)(B) of the
Social Security Act, a State may use--
(A) more than 30 percent of the amounts paid to the State
from its allotment under section 477(c)(1) of such Act for a
fiscal year, for room or board payments; and
(B) any of such amounts for youth otherwise eligible for
services under section 477 of such Act who--
(i) have attained 18 years of age and not 27 years of age;
and
(ii) experienced foster care at 14 years of age or older.
(4) Authority to provide driving and transportation
assistance.--
(A) Use of funds.--Funds provided under section 477 of the
Social Security Act may be used to provide driving and
transportation assistance to youth described in paragraph
(3)(B) who have attained 15 years of age with costs related
to obtaining a driver's license and driving lawfully in a
State (such as vehicle insurance costs, driver's education
class and testing fees, practice lessons, practice hours,
license fees, roadside assistance, deductible assistance, and
assistance in purchasing an automobile).
(B) Maximum allowance.--The amount of the assistance
provided for each eligible youth under subparagraph (A) shall
not exceed $4,000 per year, and any assistance so provided
shall be disregarded for purposes of determining the
recipient's eligibility for, and the amount of, any other
Federal or federally-supported assistance, except that the
State agency shall take appropriate steps to prevent
duplication of benefits under this and other Federal or
federally-supported programs.
(C) Report to the congress.--Within 6 months after the end
of the expenditure period, the Secretary shall submit to the
Congress a report on the extent to which, and the manner in
which, the funds to which subsection (a)(3) applies were used
to provide technical assistance to State child welfare
programs, monitor State performance and foster youth
outcomes, and evaluate program effectiveness.
SEC. 404. PREVENTING AGING OUT OF FOSTER CARE DURING THE
PANDEMIC.
(a) Addressing Foster Care Age Restrictions During the
Pandemic.--A State operating a program under part E of title
IV of the Social Security Act may not require a child who is
in foster care under the responsibility of the State to leave
foster care solely by reason of the child's age. A child may
[[Page S6182]]
not be found ineligible for foster care maintenance payments
under section 472 of such Act solely due to the age of the
child or the failure of the child to meet a condition of
section 475(8)(B)(iv) of such Act before October 1, 2021.
(b) Re-entry to Foster Care for Youth Who Age Out During
the Pandemic.--A State operating a program under the State
plan approved under part E of title IV of the Social Security
Act (and without regard to whether the State has exercised
the option provided by section 475(8)(B) of such Act to
extend assistance under such part to older children) shall--
(1) permit any youth who left foster care due to age during
the COVID-19 public health emergency to voluntarily re-enter
foster care;
(2) provide to each such youth who was formally discharged
from foster care during the COVID-19 public health emergency,
a notice designed to make the youth aware of the option to
return to foster care;
(3) facilitate the voluntary return of any such youth to
foster care; and
(4) conduct a public awareness campaign about the option to
voluntarily re-enter foster care for youth who have not
attained 22 years of age, who aged out of foster care in
fiscal year 2020 or fiscal year 2021, and who are otherwise
eligible to return to foster care.
(c) Protections for Youth in Foster Care.--A State
operating a program under the State plan approved under part
E of title IV of the Social Security Act shall--
(1) continue to ensure that the safety, permanence, and
well-being needs of older foster youth, including youth who
remain in foster care and youth who age out of foster care
during that period but who re-enter foster care pursuant to
this section, are met; and
(2) work with any youth who remains in foster care after
attaining 18 years of age (or such greater age as the State
may have elected under section 475(8)(B)(iii) of such Act) to
develop, or review and revise, a transition plan consistent
with the plan referred to in section 475(5)(H) of such Act,
and assist the youth with identifying adults who can offer
meaningful, permanent connections.
(d) Authority to Use Additional Funding for Certain Costs
Incurred to Prevent Aging Out of, Facilitating Re-entry to,
and Protecting Youth in Care During the Pandemic.--
(1) In general.--Subject to paragraph (2) of this
subsection, a State to which additional funds are made
available as a result of section 3(a) may use the funds to
meet any costs incurred in complying with subsections (a),
(b), and (c) of this section.
(2) Restrictions.--
(A) The costs referred to in paragraph (1) must be incurred
after the date of the enactment of this section and before
October 1, 2021.
(B) The costs of complying with subsection (a) or (c) of
this section must not be incurred on behalf of children
eligible for foster care maintenance payments under section
472 of the Social Security Act, including youth who have
attained 18 years of age who are eligible for the payments by
reason of the temporary waiver of the age requirement or the
conditions of section 475(8)(B)(iv) of such Act.
(C) A State shall make reasonable efforts to ensure that
eligibility for foster care maintenance payments under
section 472 of the Social Security Act is determined when a
youth remains in, or re-enters, foster care as a result of
the State complying with subsections (a) and (c) of this
section.
(D) A child who re-enters care during the COVID-19 public
health emergency period may not be found ineligible for
foster care maintenance payments under section 472 of the
Social Security Act solely due to age or the requirements of
section 475(8)(B)(iv) of such Act before October 1, 2021.
(e) Termination of Certain Provisions.--The preceding
provisions of this section shall have no force or effect
after September 30, 2021.
SEC. 405. FAMILY FIRST PREVENTION SERVICES PROGRAM PANDEMIC
FLEXIBILITY.
During the COVID-19 public health emergency period, each
percentage specified in subparagraphs (A)(i) and (B) of
section 474(a)(6) of the Social Security Act is deemed to be
100 percent.
SEC. 406. EMERGENCY FUNDING FOR THE MARYLEE ALLEN PROMOTING
SAFE AND STABLE FAMILIES PROGRAM.
(a) In General.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated $85,000,000 to carry out section 436(a) of the
Social Security Act for fiscal year 2020, in addition to any
amounts otherwise made available for such purpose. For
purposes of section 436(b) of such Act, the amount made
available by the preceding sentence shall be considered part
of the amount specified in such section 436(a).
(b) Inapplicability of State Matching Requirement to
Additional Funds.--In making payments under section 434(a) of
the Social Security Act from the additional funds made
available as a result of subsection (a) of this section, the
percentage specified in section 434(a)(1) of such Act is
deemed to be 100 percent.
(c) Conforming Amendments.--Section 436 of the Social
Security Act (42 U.S.C. 629f) is amended in each of
subsections (a), (b)(4), and (b)(5) by striking ``2021'' and
inserting ``2022''.
SEC. 407. COURT IMPROVEMENT PROGRAM.
(a) Reservation of Funds.--Of the additional amounts made
available by reason of section 406 of this title, the
Secretary shall reserve $10,000,000 for grants under
subsection (b) of this section, which shall be considered to
be made under section 438 of the Social Security Act.
(b) Distribution of Funds.--
(1) In general.--From the amounts reserved under subsection
(a) of this section, the Secretary shall--
(A) reserve not more than $500,000 for Tribal court
improvement activities; and
(B) from the amount remaining after the application of
subparagraph (A), make a grant to each highest State court
that is approved to receive a grant under section 438 of the
Social Security Act for the purpose described in section
438(a)(3) of such Act, for fiscal year 2020.
(2) Amount.--The amount of the grant awarded to a highest
State court under this subsection shall be the sum of--
(A) $85,000; and
(B) the amount that bears the same ratio to the amount
reserved under subsection (a) that remains after the
application of paragraph (1)(A) and subparagraph (A) of this
paragraph, as the number of individuals in the State in which
the court is located who have not attained 21 years of age
bears to the total number of such individuals in all States
the highest courts of which were awarded a grant under this
subsection (based on the most recent year for which data are
available from the Bureau of the Census).
(3) Other rules.--
(A) In general.--The grants awarded to the highest State
courts under this subsection shall be in addition to any
grants made to the courts under section 438 of the Social
Security Act for any fiscal year.
(B) No additional application.--The Secretary shall award
grants to the highest State courts under this subsection
without requiring the courts to submit an additional
application.
(C) Reports.--The Secretary may establish reporting
criteria specific to the grants awarded under this
subsection.
(D) Redistribution of funds.--If a highest State court does
not accept a grant awarded under this subsection, or does not
agree to comply with any reporting requirements imposed under
subparagraph (C) or the use of funds requirements specified
in subsection (c), the Secretary shall redistribute the grant
funds that would have been awarded to that court under this
subsection among the other highest State courts that are
awarded grants under this subsection and agree to comply with
the reporting and use of funds requirements.
(E) No matching requirement.--The limitation on the use of
funds specified in section 438(d) of such Act shall not apply
to the grants awarded under this section.
(c) Use of Funds.--A highest State court awarded a grant
under subsection (b) shall use the grant funds to address
needs stemming from the COVID-19 public health emergency,
which may include any of the following:
(1) Technology investments to facilitate the transition to
remote hearings for dependency courts when necessary as a
direct result of the COVID-19 public health emergency.
(2) Training for judges, attorneys, and caseworkers on
facilitating and participating in remote hearings that comply
with due process and all applicable law, ensure child safety
and well-being, and help inform judicial decision-making.
(3) Programs to help families address aspects of the case
plan to avoid delays in legal proceedings that would occur as
a direct result of the COVID-19 public health emergency.
(4) Other purposes to assist courts, court personnel, or
related staff related to the COVID-19 public health
emergency.
(d) Conforming Amendments.--Section 438 of the Social
Security Act (42 U.S.C. 629h) is amended in each of
subsections (c)(1) and (d) by striking ``2021'' and inserting
``2022''.
SEC. 408. KINSHIP NAVIGATOR PROGRAMS PANDEMIC FLEXIBILITY.
(a) Inapplicability of Matching Funds Requirements.--During
the COVID-19 public health emergency period, the percentage
specified in section 474(a)(7) of the Social Security Act is
deemed to be 100 percent.
(b) Waiver of Evidence Standard.--During the COVID-19
public health emergency period, the requirement in section
474(a)(7) of the Social Security Act that the Secretary
determine that a kinship navigator program be operated in
accordance with promising, supported, or well-supported
practices that meet the applicable criteria specified for the
practices in section 471(e)(4)(C) of such Act shall have no
force or effect.
(c) Other Allowable Uses of Funds.--A State may use funds
provided to carry out a kinship navigator program--
(1) for evaluations, independent systematic review, and
related activities;
(2) to provide short-term support to kinship families for
direct services or assistance during the COVID-19 public
health emergency period; and
(3) to ensure that kinship caregivers have the information
and resources to allow kinship families to function at their
full potential, including--
(A) ensuring that those who are at risk of contracting
COVID-19 have access to information and resources for
necessities, including food, safety supplies, and testing and
treatment for COVID-19;
(B) access to technology and technological supports needed
for remote learning or other
[[Page S6183]]
activities that must be carried out virtually due to the
COVID-19 public health emergency;
(C) health care and other assistance, including legal
assistance and assistance with making alternative care plans
for the children in their care if the caregivers were to
become unable to continue caring for the children;
(D) services to kinship families, including kinship
families raising children outside of the foster care system;
and
(E) assistance to allow children to continue safely living
with kin.
(d) Territory Cap Exemption.--Section 1108(a)(1) of the
Social Security Act shall be applied without regard to any
amount paid to a territory pursuant to this section that
would not have been paid to the territory in the absence of
this section.
SEC. 409. ADJUSTMENT OF FUNDING CERTAINTY BASELINES FOR
FAMILY FIRST TRANSITION ACT FUNDING CERTAINTY
GRANTS.
Section 602(c)(2) of division N of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) is amended--
(1) in subparagraph (C), in the matter preceding clause
(i), by striking ``The calculation'' and inserting ``Except
as provided in subparagraph (G), the calculation''; and
(2) by adding at the end the following:
``(G) Adjustment of funding certainty baselines.--
``(i) Hold harmless for temporary increase in fmap.--For
each fiscal year specified in subparagraph (B), the Secretary
shall increase the maximum capped allocation for fiscal year
2019 or the final cost neutrality limit for fiscal year 2018
for a State or sub-State jurisdiction referred to in
subparagraph (A)(i), by the amount equal to the difference
between--
``(I) the amount of the foster care maintenance payments
portion of such maximum capped allocation or final cost
neutrality limit; and
``(II) the amount that the foster care maintenance payments
portion of such maximum capped allocation or final cost
neutrality limit would be if the Federal medical assistance
percentage applicable to the State under clause (ii) for the
fiscal year so specified were used to determine the amount of
such portion.
``(ii) Applicable federal medical assistance percentage.--
For purposes of clause (i)(II), the Federal medical
assistance percentage applicable to a State for a fiscal year
specified in subparagraph (B) is the average of the values of
the Federal medical assistance percentage applicable to the
State in each quarter of such fiscal year under section
474(a)(1) of the Social Security Act (42 U.S.C. 674(a)(1))
after application of any temporary increase in the Federal
medical assistance percentage for the State and quarter under
section 6008 of the Families First Coronavirus Response Act
(42 U.S.C. 1396d note) and any other Federal legislation
enacted during the period that begins on July 1, 2020, and
ends on September 30, 2021.''.
SEC. 410. TECHNICAL CORRECTION TO TEMPORARY INCREASE OF
MEDICAID FMAP.
Section 6008 of the Families First Coronavirus Response Act
(Public Law 116-127) is amended by adding at the end the
following:
``(e) Application to Title IV-E Payments.--If the District
of Columbia receives the increase described in subsection (a)
in the Federal medical assistance percentage for the District
of Columbia with respect to a quarter, the Federal medical
assistance percentage for the District of Columbia, as so
increased, shall apply to payments made to the District of
Columbia under part E of title IV of the Social Security Act
(42 U.S.C. 670 et seq.) for that quarter, and the payments
under such part shall be deemed to be made on the basis of
the Federal medical assistance percentage applied with
respect to such District for purposes of title XIX of such
Act (42 U.S.C. 1396 et seq.) and as increased under
subsection (a).''.
TITLE V--PANDEMIC STATE FLEXIBILITIES
SEC. 501. 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.
SEC. 502. 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) or 454B(c)(1) 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) Clarification of Performance Incentive Payment
Calculation.--Notwithstanding paragraph (3) of section 458(b)
of the Social Security Act, the State incentive payment share
for each of fiscal years 2020 and 2021 for purposes of such
section shall be the State incentive payment share determined
under such section for fiscal year 2019.
(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.
DIVISION K--HEALTH PROVISIONS
SEC. 100. SHORT TITLE.
This division may be cited as the ``Investing in America's
Health Care During the COVID-19 Pandemic Act''.
TITLE I--MEDICAID PROVISIONS
SEC. 101. COVID-19-RELATED TEMPORARY INCREASE OF MEDICAID
FMAP.
(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, September 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:
``(f) 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 September 30, 2020,
6.2 percentage points;
``(2) for each calendar quarter occurring during the period
beginning on October 1,
[[Page S6184]]
2020, and ending on September 30, 2021, 14 percentage points;
and
``(3) for each calendar quarter, if any, occurring during
the period beginning on October 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.
``(g) 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)).
``(4) Notwithstanding the first sentence of section 2105(b)
of the Social Security Act (42 U.S.C. 1397ee(b)), the
application of the increase under this section may result in
the enhanced FMAP of a State for a fiscal year under such
section exceeding 85 percent, but in no case may the
application of such increase before application of the second
sentence of such section result in the enhanced FMAP of the
State exceeding 95 percent.
``(h) 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).
SEC. 102. ADDITIONAL SUPPORT FOR MEDICAID HOME AND COMMUNITY-
BASED SERVICES DURING THE COVID-19 EMERGENCY
PERIOD.
(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 October 1, 2020; and
(ii) ending on September 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.--
[[Page S6185]]
(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.).
SEC. 103. COVERAGE AT NO COST SHARING OF COVID-19 VACCINE AND
TREATMENT.
(a) Medicaid.--
(1) In general.--Section 1905(a)(4) of the Social Security
Act (42 U.S.C. 1396d(a)(4)) is amended--
(A) by striking ``and (D)'' and inserting ``(D)''; and
(B) by striking the semicolon at the end and inserting ``;
(E) 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 Investing in America's Health Care
During the COVID-19 Pandemic 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 Investing in America's Health Care During
the COVID-19 Pandemic 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 Investing in
America's Health Care During the COVID-19 Pandemic 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
[[Page S6186]]
(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
Investing in America's Health Care During the COVID-19
Pandemic 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 Investing in America's Health Care During the COVID-19
Pandemic 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.
SEC. 104. OPTIONAL COVERAGE AT NO COST SHARING OF COVID-19
TREATMENT AND VACCINES UNDER MEDICAID FOR
UNINSURED INDIVIDUALS.
(a) In General.--Section 1902(a)(10) of the Social Security
Act (42 U.S.C. 1396a(a)(10) is amended, in the matter
following subparagraph (G), by striking ``and any visit
described in section 1916(a)(2)(G)'' and inserting the
following: ``, any COVID-19 vaccine that is administered
during any such portion (and the administration of such
vaccine), any item or service that is furnished during any
such portion for the treatment of COVID-19, 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.''.
SEC. 105. MEDICAID COVERAGE FOR CITIZENS OF FREELY ASSOCIATED
STATES.
(a) In General.--Section 402(b)(2) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1612(b)(2)) is amended by adding at the end
the following new subparagraph:
``(G) Medicaid exception for citizens of freely associated
states.--With respect to eligibility for benefits for the
designated Federal program defined in paragraph (3)(C)
(relating to the Medicaid program), section 401(a) and
paragraph (1) shall not apply to any individual who lawfully
resides in 1 of the 50 States or the District of Columbia in
accordance with the Compacts of Free Association between the
Government of the United States and the Governments of the
Federated States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau and shall not apply, at
the option of the Governor of Puerto Rico, the Virgin
Islands, Guam, the Northern Mariana Islands, or American
Samoa as communicated to the Secretary of Health and Human
Services in writing, to any individual who lawfully resides
in the respective territory in accordance with such
Compacts.''.
(b) Exception to 5-Year Limited Eligibility.--Section
403(d) of such Act (8 U.S.C. 1613(d)) is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) an individual described in section 402(b)(2)(G), but
only with respect to the designated Federal program defined
in section 402(b)(3)(C).''.
(c) Definition of Qualified Alien.--Section 431(b) of such
Act (8 U.S.C. 1641(b)) is amended--
(1) in paragraph (6), by striking ``; or'' at the end and
inserting a comma;
(2) in paragraph (7), by striking the period at the end and
inserting ``, or''; and
(3) by adding at the end the following new paragraph:
``(8) an individual who lawfully resides in the United
States in accordance with a Compact of Free Association
referred to in section 402(b)(2)(G), but only with respect to
the designated Federal program defined in section
402(b)(3)(C) (relating to the Medicaid program).''.
(d) 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.
SEC. 106. TEMPORARY INCREASE IN MEDICAID DSH ALLOTMENTS.
(a) In General.--Section 1923(f)(3) of the Social Security
Act (42 U.S.C. 1396r-4(f)(3)) is amended--
(1) in subparagraph (A), by striking ``and subparagraph
(E)'' and inserting ``and subparagraphs (E) and (F)''; and
(2) by adding at the end the following new subparagraph:
``(F) Temporary increase in allotments during certain
public health emergency.--The DSH allotment for any State 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
[[Page S6187]]
(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.
SEC. 107. ALLOWING FOR MEDICAL ASSISTANCE UNDER MEDICAID FOR
INMATES DURING 30-DAY PERIOD PRECEDING RELEASE.
(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.
SEC. 108. MEDICAID COVERAGE OF CERTAIN MEDICAL
TRANSPORTATION.
(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.--Notwithstanding the
preceding provisions of this paragraph, a State may not
provide medical assistance through the enrollment of an
individual with benchmark coverage or benchmark equivalent
coverage described in subparagraph (A)(i) unless, subject to
section 1903(i)(9) and in accordance with section 1902(a)(4),
the benchmark benefit package or benchmark equivalent
coverage (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 authorized under 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 for 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
[[Page S6188]]
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
SEC. 201. HOLDING MEDICARE BENEFICIARIES HARMLESS FOR
SPECIFIED COVID-19 TREATMENT SERVICES FURNISHED
UNDER PART A OR PART B OF THE MEDICARE PROGRAM.
(a) In General.--Notwithstanding any other provision of
law, in the case of a specified COVID-19 treatment service
(as defined in subsection (b)) furnished 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.
SEC. 202. ENSURING COMMUNICATIONS ACCESSIBILITY FOR RESIDENTS
OF SKILLED NURSING FACILITIES DURING THE COVID-
19 EMERGENCY PERIOD.
(a) In General.--Section 1819(c)(3) of the Social Security
Act (42 U.S.C. 1395i-3(c)(3)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) provide for reasonable access to the use of a
telephone, including TTY and TDD services (as defined for
purposes of section 483.10 of title 42, Code of Federal
Regulations (or a successor regulation)), and the internet
(to the extent available to the facility) and inform each
such resident (or a representative of such resident) of such
access and any changes in policies or procedures of such
facility relating to limitations on external visitors.''.
(b) COVID-19 Provisions.--
(1) Guidance.--Not later than 15 days after the date of the
enactment of this Act, the Secretary of Health and Human
Service shall issue guidance on steps skilled nursing
facilities may take to ensure residents have access to
televisitation during the emergency period defined in section
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
5(g)(1)(B)). 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)).
SEC. 203. MEDICARE HOSPITAL INPATIENT PROSPECTIVE PAYMENT
SYSTEM OUTLIER PAYMENTS FOR COVID-19 PATIENTS
DURING CERTAIN EMERGENCY PERIOD.
(a) In General.--Section 1886(d)(5)(A) of the Social
Security Act (42 U.S.C. 1395ww(d)(5)(A)) is amended--
(1) in clause (ii), by striking ``For cases'' and inserting
``Subject to clause (vii), for cases'';
(2) in clause (iii), by striking ``The amount'' and
inserting ``Subject to clause (vii), the amount'';
(3) in clause (iv), by striking ``The total amount'' and
inserting ``Subject to clause (vii), the total amount''; and
(4) by adding at the end the following new clause:
``(vii) For discharges that have a primary or secondary
diagnosis of COVID-19 and that occur during the 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) Implementation.--Notwithstanding any other provision of
law, the Secretary of
[[Page S6189]]
Health and Human Services may implement the amendments made
by this section by program instruction or otherwise.
SEC. 204. COVERAGE OF TREATMENTS FOR COVID-19 AT NO COST
SHARING UNDER THE MEDICARE ADVANTAGE PROGRAM.
(a) In General.--Section 1852(a)(1)(B) of the Social
Security Act (42 U.S.C. 1395w-22(a)(1)(B)) is amended by
adding at the end the following new clause:
``(vii) Special coverage rules for specified covid-19
treatment services.--Notwithstanding clause (i), in the case
of a specified COVID-19 treatment service (as defined in
section 201(b) of the Investing in America's Health Care
During the COVID-19 Pandemic 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.
SEC. 205. REQUIRING COVERAGE UNDER MEDICARE PDPS AND MA-PD
PLANS, WITHOUT THE IMPOSITION OF COST SHARING
OR UTILIZATION MANAGEMENT REQUIREMENTS, OF
DRUGS INTENDED TO TREAT COVID-19 DURING CERTAIN
EMERGENCIES.
(a) Coverage Requirement.--
(1) In general.--Section 1860D-4(b)(3) of the Social
Security Act (42 U.S.C. 1395w-104(b)(3)) is amended by adding
at the end the following new subparagraph:
``(I) Required inclusion of drugs intended to treat covid-
19.--
``(i) In general.--Notwithstanding any other provision of
law, a PDP sponsor offering a prescription drug plan shall,
with respect to a plan year, any portion of which occurs
during the period described in clause (ii), be required to--
``(I) include in any formulary--
``(aa) all covered part D drugs with a medically accepted
indication (as defined in section 1860D-2(e)(4)) to treat
COVID-19 that are marketed in the United States; and
``(bb) all drugs authorized under section 564 or 564A of
the Federal Food, Drug, and Cosmetic Act to treat COVID-19;
and
``(II) not impose any prior authorization or other
utilization management requirement with respect to such drugs
described in item (aa) or (bb) of subclause (I) (other than
such a requirement that limits the quantity of drugs due to
safety).
``(ii) Period described.--For purposes of clause (i), the
period described in this clause is the period during which
there exists the public health emergency declared by the
Secretary pursuant to section 319 of the Public Health
Service Act on January 31, 2020, entitled `Determination that
a Public Health Emergency Exists Nationwide as the Result of
the 2019 Novel Coronavirus' (including any renewal of such
declaration pursuant to such section).''.
(b) Elimination of Cost Sharing.--
(1) Elimination of cost-sharing for drugs intended to treat
covid-19 under standard and alternative prescription drug
coverage.--Section 1860D-2 of the Social Security Act (42
U.S.C. 1395w-102) is amended--
(A) in subsection (b)--
(i) in paragraph (1)(A), by striking ``The coverage'' and
inserting ``Subject to paragraph (8), the coverage'';
(ii) in paragraph (2)--
(I) in subparagraph (A), by inserting after ``Subject to
subparagraphs (C) and (D)'' the following: ``and paragraph
(8)'';
(II) in subparagraph (C)(i), by striking ``paragraph (4)''
and inserting ``paragraphs (4) and (8)''; and
(III) in subparagraph (D)(i), by striking ``paragraph (4)''
and inserting ``paragraphs (4) and (8)'';
(iii) in paragraph (4)(A)(i), by striking ``The coverage''
and inserting ``Subject to paragraph (8), the coverage''; and
(iv) by adding at the end the following new paragraph:
``(8) Elimination of cost-sharing for drugs intended to
treat covid-19.--The coverage does not impose any deductible,
copayment, coinsurance, or other cost-sharing requirement for
drugs described in section 1860D-4(b)(3)(I)(i)(I) with
respect to a plan year, any portion of which occurs during
the period during which there exists the public health
emergency declared by the Secretary pursuant to section 319
of the Public Health Service Act on January 31, 2020,
entitled `Determination that a Public Health Emergency Exists
Nationwide as the Result of the 2019 Novel Coronavirus'
(including any renewal of such declaration pursuant to such
section).''; and
(B) in subsection (c), by adding at the end the following
new paragraph:
``(4) Same elimination of cost-sharing for drugs intended
to treat covid-19.--The coverage is in accordance with
subsection (b)(8).''.
(2) Elimination of cost-sharing for drugs intended to treat
covid-19 dispensed to individuals who are subsidy eligible
individuals.--Section 1860D-14(a) of the Social Security Act
(42 U.S.C. 1395w-114(a)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (D)--
(I) in clause (ii), by striking ``In the case of'' and
inserting ``Subject to subparagraph (F), in the case of'';
and
(II) in clause (iii), by striking ``In the case of'' and
inserting ``Subject to subparagraph (F), in the case of'';
and
(ii) by adding at the end the following new subparagraph:
``(F) Elimination of cost-sharing for drugs intended to
treat covid-19.--Coverage that is in accordance with section
1860D-2(b)(8).''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by striking ``A reduction'' and
inserting ``Subject to subparagraph (F), a reduction'';
(ii) in subparagraph (D), by striking ``The substitution''
and inserting ``Subject to subparagraph (F), the
substitution'';
(iii) in subparagraph (E), by inserting after ``Subject
to'' the following: ``subparagraph (F) and''; and
(iv) by adding at the end the following new subparagraph:
``(F) Elimination of cost-sharing for drugs intended to
treat covid-19.--Coverage that is in accordance with section
1860D-2(b)(8).''.
(c) Implementation.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement
the amendments made by this section by program instruction or
otherwise.
SEC. 206. MEDICARE SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS
RESIDING IN COVID-19 EMERGENCY AREAS.
(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
December 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.
SEC. 207. COVID-19 SKILLED NURSING FACILITY PAYMENT INCENTIVE
PROGRAM.
(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
[[Page S6190]]
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.''.
SEC. 208. FUNDING FOR STATE STRIKE TEAMS FOR RESIDENT AND
EMPLOYEE SAFETY IN SKILLED NURSING FACILITIES
AND NURSING FACILITIES.
(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)).
SEC. 209. PROVIDING FOR INFECTION CONTROL SUPPORT TO SKILLED
NURSING FACILITIES THROUGH CONTRACTS WITH
QUALITY IMPROVEMENT ORGANIZATIONS.
(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
[[Page S6191]]
(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)).
SEC. 210. REQUIRING LONG TERM CARE FACILITIES TO REPORT
CERTAIN INFORMATION RELATING TO COVID-19 CASES
AND DEATHS.
(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.
SEC. 211. FLOOR ON THE MEDICARE AREA WAGE INDEX FOR HOSPITALS
IN ALL-URBAN STATES.
(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 211
of the Investing in America's Health Care During the COVID-19
Pandemic Act'' after ``Care Act''.
SEC. 212. RELIEF FOR SMALL RURAL HOSPITALS FROM INACCURATE
INSTRUCTIONS PROVIDED BY CERTAIN MEDICARE
ADMINISTRATIVE CONTRACTORS.
Section 1886(d)(5) of the Social Security Act (42 U.S.C.
1395ww(d)(5)) is amended by adding at the end the following
new subparagraph:
``(N)(i) Subject to clause (ii), in the case of a sole
community hospital or a medicare-dependent, small rural
hospital with respect to which a medicare administrative
contractor initially determined and paid a volume decrease
adjustment under subparagraph (D)(ii) or (G)(iii) for a
specified cost reporting period, at the election of the
hospital, the Secretary of Health and Human Services shall
replace the volume decrease adjustment subsequently
determined for that specified cost reporting period by the
medicare administrative contractor with the volume decrease
adjustment initially determined and paid by the medicare
administrative contractor for that specified cost reporting
period.
``(ii)(I) Clause (i) shall not apply in the case of a sole
community hospital or a medicare-dependent, small rural
hospital for which the medicare administrative contractor
determination of the volume decrease adjustment with respect
to a specified cost reporting period of the hospital is
administratively final before the date that is three years
before the date of the enactment of this section.
``(II) For purposes of subclause (I), the date on which the
medicare administrative contractor determination with respect
to a volume decrease adjustment for a specified cost
reporting period is administratively final is the latest of
the following:
``(aa) The date of the contractor determination (as defined
in section 405.1801 of title 42, Code of Federal
Regulations).
``(bb) The date of the final outcome of any reopening of
the medicare administrative contractor determination under
section 405.1885 of title 42, Code of Federal Regulations.
``(cc) The date of the final outcome of the final appeal
filed by such hospital with respect to such volume decrease
adjustment for such specified cost reporting period.
``(iii) For purposes of this subparagraph, the term
`specified cost reporting period' means a cost reporting
period of a sole community hospital or a medicare-dependent,
small rural hospital, as the case may be, that begins during
a fiscal year before fiscal year 2018.''.
SEC. 213. DEEMING CERTAIN HOSPITALS TO BE LOCATED IN AN URBAN
AREA FOR PURPOSES OF PAYMENT FOR INPATIENT
HOSPITAL SERVICES UNDER THE MEDICARE PROGRAM.
Section 1886(d)(10) of the Social Security Act (42 U.S.C.
1395ww(d)(10)) is amended by adding at the end the following
new subparagraph:
``(G)(i) For purposes of payment under this subsection for
discharges occurring during the 3-year period beginning on
October 1, 2020, each hospital located in Albany, Saratoga,
Schenectady, Montgomery, or Rensselaer County of New York
shall be deemed to be located in the urban area of Hartford-
East Hartford-Middletown, Connecticut (CBSA 25540),
notwithstanding any other reclassification or redesignation
that otherwise would have applied for purposes of the wage
index under this paragraph or subparagraphs (B) or (E) of
paragraph (8).
``(ii) Any deemed location of a hospital pursuant to clause
(i) shall be treated as a decision of the Medicare Geographic
Classification Review Board for purposes of paragraph
(8)(D).''.
SEC. 214. EFFECTIVE DATE OF MEDICARE COVERAGE OF COVID-19
VACCINES WITHOUT ANY COST-SHARING.
Effective as if included in the enactment of the CARES Act
(Public Law 116-136; 42 U.S.C. 13951 note), section 3713(d)
of such Act is amended by inserting before the period at the
end the following: ``or authorized for emergency use under
section 564 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360bbb-3)''.
TITLE III--PRIVATE INSURANCE PROVISIONS
SEC. 301. SPECIAL ENROLLMENT PERIOD THROUGH EXCHANGES.
(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 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) 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.
[[Page S6192]]
SEC. 302. EXPEDITED MEETING OF ACIP FOR COVID-19 VACCINES.
(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.
SEC. 303. COVERAGE OF COVID-19 RELATED TREATMENT AT NO COST
SHARING.
(a) In General.--A group health plan and a health insurance
issuer offering group or individual health insurance coverage
(including a grandfathered health plan (as defined in section
1251(e) of the Patient Protection and Affordable Care Act))
shall provide coverage, and shall not impose any cost sharing
(including deductibles, copayments, and coinsurance)
requirements, for the following items and services furnished
during any portion of the emergency period defined in
paragraph (1)(B) of section 1135(g) of the Social Security
Act (42 U.S.C. 1320b-5(g)) beginning on or after the date of
the enactment of this Act:
(1) Medically necessary items and services (including in-
person or telehealth visits in which such items and services
are furnished) that are furnished to an individual who has
been diagnosed with (or after provision of the items and
services is diagnosed with) COVID-19 to treat or mitigate the
effects of COVID-19.
(2) Medically necessary items and services (including in-
person or telehealth visits in which such items and services
are furnished) that are furnished to an individual who is
presumed to have COVID-19 but is never diagnosed as such, if
the following conditions are met:
(A) Such items and services are furnished to the individual
to treat or mitigate the effects of COVID-19 or to mitigate
the impact of COVID-19 on society.
(B) Health care providers have taken appropriate steps
under the circumstances to make a diagnosis, or confirm
whether a diagnosis was made, with respect to such
individual, for COVID-19, if possible.
(b) Items and Services Related to COVID-19.--For purposes
of this section--
(1) not later than one week after the date of the enactment
of this section, the Secretary of Health and Human Services,
Secretary of Labor, and Secretary of the Treasury shall
jointly issue guidance specifying applicable diagnoses and
medically necessary items and services related to COVID-19;
and
(2) such items and services shall include all items or
services that are relevant to the treatment or mitigation of
COVID-19, regardless of whether such items or services are
ordinarily covered under the terms of a group health plan or
group or individual health insurance coverage offered by a
health insurance issuer.
(c) 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.
SEC. 304. REQUIRING PRESCRIPTION DRUG REFILL NOTIFICATIONS
DURING EMERGENCIES.
(a) ERISA.--
(1) In general.--Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.) is amended by adding at the end the
following new section:
``SEC. 716. PROVISION OF PRESCRIPTION DRUG REFILL
NOTIFICATIONS DURING EMERGENCIES.
``(a) In General.--A group health plan, and a health
insurance issuer offering health insurance coverage in
connection with a group health plan, that provides benefits
for prescription drugs under such plan or such coverage shall
provide to each 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 304(d)(2)
of the Investing in America's Health Care During the COVID-19
Pandemic 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 304(d)(2)
of the Investing in America's Health Care During the COVID-19
Pandemic 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
[[Page S6193]]
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 304(d)(2)
of the Investing in America's Health Care During the COVID-19
Pandemic 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''.
SEC. 305. IMPROVEMENT OF CERTAIN NOTIFICATIONS PROVIDED TO
QUALIFIED BENEFICIARIES BY GROUP HEALTH PLANS
IN THE CASE OF QUALIFYING EVENTS.
(a) Employee Retirement Income Security Act of 1974.--
(1) In general.--Section 606 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1166) is amended--
(A) in subsection (a)(4), in the matter following
subparagraph (B), by striking ``under this subsection'' and
inserting ``under this part in accordance with the
notification requirements under subsection (c)''; and
(B) in subsection (c)--
(i) by striking ``For purposes of subsection (a)(4), any
notification'' and inserting ``For purposes of subsection
(a)(4)--
``(1) any notification'';
(ii) by striking ``, whichever is applicable, and any such
notification'' and inserting ``of subsection (a), whichever
is applicable;
``(2) any such notification''; and
(iii) by striking ``such notification is made'' and
inserting ``such notification is made; and
``(3) any such notification shall, with respect to each
qualified beneficiary with respect to whom such notification
is made, include information regarding any Exchange
established under title I of the Patient Protection and
Affordable Care Act through which such a qualified
beneficiary may be eligible to enroll in a qualified health
plan (as defined in section 1301 of the Patient Protection
and Affordable Care Act), including--
``(A) the publicly accessible Internet website address for
such Exchange;
``(B) the publicly accessible Internet website address for
the Find Local Help directory maintained by the Department of
Health and Human Services on the healthcare.gov Internet
website (or a successor website);
``(C) a clear explanation that--
``(i) an individual who is eligible for continuation
coverage may also be eligible to enroll, with financial
assistance, in a qualified health plan offered through such
Exchange, but, in the case that such individual elects to
enroll in such continuation coverage and subsequently elects
to terminate such continuation coverage before the period of
such continuation coverage expires, such individual will not
be eligible to enroll in a qualified health plan offered
through such Exchange during a special enrollment period; and
``(ii) an individual who elects to enroll in continuation
coverage will remain eligible to enroll in a qualified health
plan offered through such Exchange during an open enrollment
period and may be eligible for financial assistance with
respect to enrolling in such a qualified health plan;
``(D) information on consumer protections with respect to
enrolling in a qualified health plan offered through such
Exchange, including the requirement for such a qualified
health plan to provide coverage for essential health benefits
(as defined in section 1302(b) of the Patient Protection and
Affordable Care Act) and the requirements applicable to such
a qualified health plan under part A of title XXVII of the
Public Health Service Act; and
``(E) information on the availability of financial
assistance with respect to enrolling in a qualified health
plan, including the maximum income limit for eligibility for
a premium tax credit under section 36B of the Internal
Revenue Code of 1986.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to qualifying events occurring on or
after the date that is 14 days after the date of the
enactment of this Act.
(b) Public Health Service Act.--
(1) In general.--Section 2206 of the Public Health Service
Act (42 U.S.C. 300bb-6) is amended--
(A) by striking ``In accordance'' and inserting the
following:
``(a) In General.--In accordance'';
(B) by striking ``of such beneficiary's rights under this
subsection'' and inserting ``of such beneficiary's rights
under this title in accordance with the notification
requirements under subsection (b)''; and
(C) by striking ``For purposes of paragraph (4),'' and all
that follows through ``such notification is made.'' and
inserting the following:
``(b) Rules Relating to Notification of Qualified
Beneficiaries by Plan Administrator.--For purposes of
subsection (a)(4)--
``(1) any notification shall be made within 14 days of the
date on which the plan administrator is notified under
paragraph (2) or (3) of subsection (a), whichever is
applicable;
``(2) any such notification to an individual who is a
qualified beneficiary as the spouse of the covered employee
shall be treated as notification to all other qualified
beneficiaries residing with such spouse at the time such
notification is made; and
``(3) any such notification shall, with respect to each
qualified beneficiary with respect to whom such notification
is made, include information regarding any Exchange
established under title I of the Patient Protection and
Affordable Care Act through which such a qualified
beneficiary may be eligible to enroll in a qualified health
plan (as defined in section 1301 of the Patient Protection
and Affordable Care Act), including--
``(A) the publicly accessible Internet website address for
such Exchange;
``(B) the publicly accessible Internet website address for
the Find Local Help directory maintained by the Department of
Health and Human Services on the healthcare.gov Internet
website (or a successor website);
``(C) a clear explanation that--
``(i) an individual who is eligible for continuation
coverage may also be eligible to enroll, with financial
assistance, in a qualified health plan offered through such
Exchange, but, in the case that such individual elects to
enroll in such continuation coverage and subsequently elects
to terminate such continuation coverage before the period of
such continuation coverage expires, such individual will not
be eligible to enroll in a qualified health plan offered
through such Exchange during a special enrollment period; and
``(ii) an individual who elects to enroll in continuation
coverage will remain eligible to enroll in a qualified health
plan offered through such Exchange during an open enrollment
period and may be eligible for financial assistance with
respect to enrolling in such a qualified health plan;
``(D) information on consumer protections with respect to
enrolling in a qualified health plan offered through such
Exchange, including the requirement for such a qualified
health plan to provide coverage for essential health benefits
(as defined in section 1302(b) of the Patient Protection and
Affordable Care Act) and the requirements applicable to such
a qualified health plan under part A of title XXVII; and
``(E) information on the availability of financial
assistance with respect to enrolling in a qualified health
plan, including the maximum income limit for eligibility for
a premium tax credit under section 36B of the Internal
Revenue Code of 1986.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to qualifying events occurring on or
after the date that is 14 days after the date of the
enactment of this Act.
(c) Internal Revenue Code of 1986.--
(1) In general.--Section 4980B(f)(6) of the Internal
Revenue Code of 1986 is amended--
(A) in subparagraph (D)--
(i) in clause (ii), by striking ``under subparagraph (C)''
and inserting ``under clause (iii)''; and
(ii) by redesignating clauses (i) and (ii) as subclauses
(I) and (II), respectively, and moving the margin of each
such subclause, as so redesignated, 2 ems to the right;
[[Page S6194]]
(B) by redesignating subparagraphs (A) through (D) as
clauses (i) through (iv), respectively, and moving the margin
of each such clause, as so redesignated, 2 ems to the right;
(C) by striking ``In accordance'' and inserting the
following:
``(A) In general.--In accordance'';
(D) by inserting after ``of such beneficiary's rights under
this subsection'' the following: ``in accordance with the
notification requirements under subparagraph (C)''; and
(E) by striking ``The requirements of subparagraph (B)''
and all that follows through ``such notification is made.''
and inserting the following:
``(B) Alternative means of compliance with requirement for
notification of multiemployer plans by employers.--The
requirements of subparagraph (A)(ii) shall be considered
satisfied in the case of a multiemployer plan in connection
with a qualifying event described in paragraph (3)(B) if the
plan provides that the determination of the occurrence of
such qualifying event will be made by the plan administrator.
``(C) Rules relating to notification of qualified
beneficiaries by plan administrator.--For purposes of
subparagraph (A)(iv)--
``(i) any notification shall be made within 14 days (or, in
the case of a group health plan which is a multiemployer
plan, such longer period of time as may be provided in the
terms of the plan) of the date on which the plan
administrator is notified under clause (ii) or (iii) of
subparagraph (A), whichever is applicable;
``(ii) any such notification to an individual who is a
qualified beneficiary as the spouse of the covered employee
shall be treated as notification to all other qualified
beneficiaries residing with such spouse at the time such
notification is made; and
``(iii) any such notification shall, with respect to each
qualified beneficiary with respect to whom such notification
is made, include information regarding any Exchange
established under title I of the Patient Protection and
Affordable Care Act through which such a qualified
beneficiary may be eligible to enroll in a qualified health
plan (as defined in section 1301 of the Patient Protection
and Affordable Care Act), including--
``(I) the publicly accessible Internet website address for
such Exchange;
``(II) the publicly accessible Internet website address for
the Find Local Help directory maintained by the Department of
Health and Human Services on the healthcare.gov Internet
website (or a successor website);
``(III) a clear explanation that--
``(aa) an individual who is eligible for continuation
coverage may also be eligible to enroll, with financial
assistance, in a qualified health plan offered through such
Exchange, but, in the case that such individual elects to
enroll in such continuation coverage and subsequently elects
to terminate such continuation coverage before the period of
such continuation coverage expires, such individual will not
be eligible to enroll in a qualified health plan offered
through such Exchange during a special enrollment period; and
``(bb) an individual who elects to enroll in continuation
coverage will remain eligible to enroll in a qualified health
plan offered through such Exchange during an open enrollment
period and may be eligible for financial assistance with
respect to enrolling in such a qualified health plan;
``(IV) information on consumer protections with respect to
enrolling in a qualified health plan offered through such
Exchange, including the requirement for such a qualified
health plan to provide coverage for essential health benefits
(as defined in section 1302(b) of the Patient Protection and
Affordable Care Act) and the requirements applicable to such
a qualified health plan under part A of title XXVII of the
Public Health Service Act; and
``(V) information on the availability of financial
assistance with respect to enrolling in a qualified health
plan, including the maximum income limit for eligibility for
a premium tax credit under section 36B.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to qualifying events occurring on or
after the date that is 14 days after the date of the
enactment of this Act.
(d) Model Notices.--Not later than 14 days after the date
of the enactment of this Act, the Secretary of the Labor, in
consultation with the Secretary of the Treasury and the
Secretary of Health and Human Services, shall--
(1) update the model Consolidated Omnibus Budget
Reconciliation Act of 1985 (referred to in this subsection as
``COBRA'') continuation coverage general notice and the model
COBRA continuation coverage election notice developed by the
Secretary of Labor for purposes of facilitating compliance of
group health plans with the notification requirements under
section 606 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1166) to include the information described in
paragraph (3) of subsection (c) of such section 606, as added
by subsection (a)(1);
(2) provide an opportunity for consumer testing of each
such notice, as so updated, to ensure that each such notice
is clear and understandable to the average participant or
beneficiary of a group health plan; and
(3) rename the model COBRA continuation coverage general
notice and the model COBRA continuation coverage election
notice as the ``model COBRA continuation coverage and
Affordable Care Act coverage general notice'' and the ``model
COBRA continuation coverage and Affordable Care Act coverage
election notice'', respectively.
SEC. 306. SOONER COVERAGE OF TESTING FOR COVID-19.
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''.
SEC. 307. CLARIFYING SCOPE OF COVERAGE REQUIREMENT FOR ITEMS
AND SERVICES RELATING TO COVID-19.
Section 6001 of the Families First Coronavirus Response Act
(Public Law 116-127) is amended--
(1) in subsection (b), by striking ``subsection (a)'' and
inserting ``subsections (a) and (e)''; and
(2) by adding at the end the following new subsection:
``(e) Scope of Coverage Requirement.--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, without
cost sharing and without prior authorization or other medical
management requirements, in accordance with subsection (a)
for tests, items, and services described in such subsection
and furnished to an individual during the emergency period
defined in paragraph (1)(B) of section 1135(g) of the Social
Security Act (42 U.S.C. 1320b-5(g)), regardless of--
``(1) why such individual sought such tests, items, and
services;
``(2) the nature of the clinical assessment that was
associated with such tests, items, and services;
``(3) whether such individual was showing symptoms prior to
being furnished such tests, items, and services;
``(4) in the case of such tests, whether or not such tests
were ordered by a provider;
``(5) the frequency with which such individual is furnished
such tests, items, and services; and
``(6) any other review of the encounters or events that
preceded or followed the furnishing of such tests, items, and
services.''.
SEC. 308. GUIDANCE ON BILLING FOR PROVIDER VISITS ASSOCIATED
WITH COVID-19 TESTING.
The Secretary of Health and Human Services, the Secretary
of Labor, and the Secretary of the Treasury shall jointly
issue guidance not later than 30 days after the date of
enactment of this Act for purposes of clarifying--
(1) the process for submitting claims for tests, items, and
services described in section 6001(a) of the Families First
Coronavirus Response Act (Public Law 116-127) to ensure that
individuals enrolled in individual or group health insurance
coverage or group health plans (including grandfathered
health plans (as defined in section 1251(e) of the Patient
Protection and Affordable Care Act)) to whom such tests,
items, and services are furnished are not subject to cost-
sharing (including deductibles, copayments, and coinsurance)
or prior authorization or other medical management
requirements; and
(2) that providers should not collect cost-sharing amounts
from such individuals seeking such tests, items, or services.
SEC. 309. IMPROVEMENTS TO TRANSPARENCY OF THE PRICING OF
DIAGNOSTIC TESTING FOR COVID-19.
(a) In General.--Section 3202 of the CARES Act (Public Law
116-136) is amended--
(1) in subsection (b)--
(A) in the heading, by inserting ``and Related Items and
Services'' after ``Diagnostic Testing for COVID-19'';
(B) in paragraph (1)--
(i) by striking ``a diagnostic test for COVID-19'' and
inserting ``a test, item, or service described in section
6001(a) of division F of the Families First Coronavirus
Response Act''; and
(ii) by striking ``such test'' and inserting ``such test,
item, or service''; and
(C) in paragraph (2), by striking ``a diagnostic test for
COVID-19'' and inserting ``a test, item, or service described
in section 6001(a) of division F of the Families First
Coronavirus Response Act''; and
(2) by adding at the end the following new subsections:
``(c) Improvements to Transparency Policy.--
``(1) In general.--Not later than 30 days after the date of
the enactment of this subsection, the Secretary of Health and
Human Services shall conduct a survey of providers of the
items and services described in section 6001(a) of division F
of the Families First Coronavirus Response Act (Public Law
116- 127) regarding the cash prices for such items and
services listed by the providers on a public internet website
of such provider.
``(2) Representative sample.--In carrying out paragraph
(1), the Secretary shall survey a sample of providers that is
representative of the diversity of sizes, geographic
locations, and care settings (such as hospitals,
laboratories, and independent freestanding emergency
department) in which diagnostic testing for COVID-19 is
performed.
``(d) Public Report.--Not later than 60 days after the date
of the enactment of this subsection, the Secretary of Health
and Human Services shall publish on the Internet website of
the Department of Health and
[[Page S6195]]
Human Services a report on cash prices for items and services
published under subsection (b)(1) during the period beginning
on the date of the enactment of this Act and ending on the
date of the enactment of this subsection, which shall
include--
``(1) the percentage of providers that comply with the
publication requirement under such subsection;
``(2) the average cash price for each item and service
described in section 6001(a) of division F of the Families
First Coronavirus Response Act that is published under such
subsection;
``(3) with respect to each such item and service, a
comparison of such average cash price to the reimbursement
rate under the Medicare program under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.); and
``(4) any cash prices published under such subsection that
substantially exceed the average cash price for each such
item or service and the name of each provider that charges
such prices.''.
SEC. 310. GRANTS FOR EXCHANGE OUTREACH, EDUCATION, AND
ENROLLMENT ASSISTANCE.
(a) Outreach and Education Grants to States and Navigator
Enrollment Grants to Exchanges to Assist Eligible
Individuals.--
(1) Outreach and education grants to states.--
(A) In general.--The Secretary of Health and Human Services
shall carry out a program that awards grants to States that
provide outreach and educational activities for purposes of
informing individuals of the availability of coverage under
qualified health plans offered through an Exchange and
financial assistance for coverage under such plans (including
the informing of eligible individuals of the availability of
coverage under qualified health plans offered through an
Exchange during the application process for unemployment
compensation under State or Federal law).
(B) Consideration of certain needs of population of
exchange.--The outreach and educational activities described
in subparagraph (A) 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).
(C) Applications.--To be eligible to receive a grant under
this paragraph, a State shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(D) Limitation on use of funds.--No funds appropriated
under paragraph (4)(A) shall be used for expenditures for
promoting non-ACA compliant health insurance coverage.
(E) Grant duration and amount.--
(i) Duration.--Each grant under this paragraph shall be for
a 1-year period that begins on the date of the enactment of
this Act (which may be renewed for a 1-year period by the
Secretary of Health and Human Services).
(ii) Amount.--
(I) In general.--The Secretary of Health and Human Services
shall determine the amount of each grant under this
paragraph.
(II) Minimum.--Each grant under this paragraph shall be for
an amount that is at least $500,000 for each 1-year period,
and if applicable, at least $500,000 for any 1-year period of
renewal.
(2) Navigator enrollment grants through exchanges.--
(A) In general.--The Secretary of Health and Human Services
shall award grants to Exchanges described in subparagraph (D)
for purposes of facilitating the enrollment of individuals in
qualified health plans offered through such Exchanges.
(B) Use of funds.--Funds made available under a grant made
under subparagraph (A) may only be used by such Exchanges to
carry out the navigator program described in subsection
(i)(1) of such section 1311.
(C) Applications.--To be eligible to receive a grant under
this paragraph, for purposes of carrying out subparagraph
(A), an Exchange described in subparagraph (D) shall submit
to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.
(D) Exchange described.--For purposes of this paragraph, an
Exchange described in this subparagraph is an Exchange that a
State establishes and operates pursuant to section 1311(b)(1)
of the Patient Protection and Affordable Care Act (42 U.S.C.
18031(b)(1)).
(3) Appropriations.--There are appropriated for each of
fiscal years 2021 and 2022, to remain available through
fiscal year 2023--
(A) $100,000,000 to carry out paragraph (1)(A); and
(B) $100,000,000--
(i) to carry out paragraph (2)(A); and
(ii) to carry out the navigator program described in
section 1311(i) of the Patient Protection and Affordable Care
Act (42 U.S.C. 18031(i)) for Exchanges operated by the
Secretary pursuant to section 1321(c)(1) of such Act (42
U.S.C. 18041(c)(1))).
(4) Definitions.--In this subsection:
(A) Eligible individuals.--The term ``eligible individual''
means, with respect to an Exchange, an individual who is
otherwise eligible to enroll through such Exchange.
(B) Exchange.--The term ``Exchange'' means an American
Health Benefit Exchange established under section 1311 of the
Patient Protection and Affordable Care Act (42 U.S.C. 18031).
(C) Non-ACA compliant health insurance coverage.--
(i) In general.--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) Inclusion.--Such term includes the following:
(I) An association health plan.
(II) Short-term limited duration insurance.
(D) Qualified health plan.--The term ``qualified health
plan'' has the meaning given such term in section 1301(a)(1)
of the Patient Protection and Affordable Care Act (42 U.S.C.
18021(a)(1)).
(b) Implementation.--The Secretary of Health and Human
Services may implement the provisions of this section through
subregulatory guidance, program instruction, or otherwise.
SEC. 311. APPLICATION OF PREMIUM TAX CREDIT IN CASE OF
INDIVIDUALS RECEIVING UNEMPLOYMENT COMPENSATION
DURING THE COVID-19 PUBLIC HEALTH EMERGENCY.
(a) In General.--Section 36B of the Internal Revenue Code
of 1986, as amended by the preceding provisions of this Act,
is amended by redesignating subsection (g) as subsection (h)
and by inserting after subsection (f) the following new
subsection:
``(g) Special Rule for Individuals Who Receive Unemployment
Compensation During COVID-19 Public Health Emergency.--
``(1) In general.--For purposes of the credit determined
under this section, in the case of a taxpayer who has
received, or has been approved to receive, unemployment
compensation for any week during the applicable period, for
the taxable year in which such week begins--
``(A) such taxpayer shall be treated as an applicable
taxpayer, and
``(B) there shall not be taken into account any household
income of the taxpayer in excess of 133 percent of the
poverty line for a family of the size involved.
``(2) Applicable period.--For purposes of this section, the
applicable period is the period that--
``(A) begins on the date of the enactment of this
subsection, and
``(B) ends 60 days after the last day of the emergency
period described in section 1135(g)(1)(B) of the Social
Security Act.
``(3) Reasonable evidence of unemployment compensation.--
For purposes of this subsection, a taxpayer shall not be
treated as having received (or been approved to receive)
unemployment compensation for any week unless such taxpayer
provides documentation which demonstrates such receipt or
approval.
``(4) Unemployment compensation.--For purposes of this
subsection, the term `unemployment compensation' has the
meaning given such term in section 1311(c)(8)(E) of the
Patient Protection and Affordable Care Act.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2019.
SEC. 312. INCREASING ACCESSIBILITY AND AFFORDABILITY TO
QUALIFIED HEALTH PLANS FOR INDIVIDUALS
RECEIVING UNEMPLOYMENT COMPENSATION DURING THE
COVID-19 EMERGENCY PERIOD.
(a) Establishment of Special Enrollment Periods for
Individuals Receiving Unemployment Compensation.--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 the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(E) special enrollment periods described in paragraph
(8).''; and
(2) by adding at the end the following new paragraph:
``(8) Special enrollment periods for individuals receiving
unemployment compensation.--
``(A) In general.--The special enrollment period described
in this paragraph--
``(i) in the case of an individual who becomes eligible for
unemployment compensation on any date before January 1, 2021,
is the period beginning on the first day on or after such
date that the individual is not eligible for minimum
essential coverage (as defined in section 5000A(f) of the
Internal Revenue Code of 1986) and ending on the later of--
``(I) December 31, 2020; and
``(II) the day that is 60 days after such first day; and
``(ii) in the case of an individual who becomes eligible
for unemployment compensation beginning on any date that is
on or after January 1, 2021, is the 60-day period beginning
on the first day on or after such date that the individual is
not eligible for minimum essential coverage.
``(B) Self-attestation.--For purposes of this paragraph,
eligibility of an individual for unemployment compensation
and the date on which such eligibility begins shall be
determined by the self-attestation of such individual.
``(C) Exclusion.--For purposes of this paragraph, an
individual shall not be treated as eligible for minimum
essential coverage if--
[[Page S6196]]
``(i) such individual is eligible only for coverage
described in section 5000A(f)(1)(C) of the Internal Revenue
Code of 1986; or
``(ii) such individual would not be treated as eligible for
minimum essential coverage pursuant to section 36B(c)(2)(C)
of such Code.
``(D) Clarification.--Nothing in subparagraph (A) shall be
construed to prohibit an individual described in such
subparagraph from qualifying for multiple special enrollment
periods under such subparagraph.
``(E) Unemployment compensation defined.--In this
paragraph, the term `unemployment compensation' means, with
respect to an individual--
``(i) regular compensation and extended compensation (as
such terms are defined by section 205 of the Federal-State
Extended Unemployment Compensation Act of 1970);
``(ii) unemployment compensation (as defined by section
85(b) of the Internal Revenue Code of 1986) provided under
any program administered by a State under an agreement with
the Secretary;
``(iii) pandemic unemployment assistance under section 2102
of the CARES Act;
``(iv) pandemic emergency unemployment compensation under
section 2107 of the CARES Act;
``(v) pandemic emergency unemployment extension
compensation under section 2107A of the CARES Act;
``(vi) unemployment benefits under the Railroad
Unemployment Insurance Act; and
``(vii) trade adjustment assistance under title II of the
Trade Act of 1974;
for which such individual is eligible for any week during the
period beginning on the first day of the emergency period
described in section 1135(g)(1)(B) of the Social Security Act
and ending on December 31, 2021.''.
(b) Requirement for First Day of Coverage for Individuals
Receiving Unemployment Compensation Enrolling During Special
Enrollment Periods.--Section 1303 of the Patient Protection
and Affordable Care Act (42 U.S.C. 18023) is amended by
adding at the end the following new subsection:
``(e) Requirement for First Day of Coverage for Individuals
Receiving Unemployment Compensation Enrolling During Special
Enrollment Periods.--
``(1) In general.--In the case of an individual described
in section 1311(c)(8)(A) who enrolls in a qualified health
plan through an Exchange during a month during a special
enrollment period described in such section, such coverage
shall be effective beginning on--
``(A) if such individual was enrolled in minimum essential
coverage (other than the qualified health plan enrolled
through such a special enrollment period) on the first day of
such month, the first day of such month on which the
individual is longer so enrolled; and
``(B) if such individual was not enrolled in minimum
essential coverage (other than the qualified health plan
enrolled through such a special enrollment period) on the
first day of such month, the first day of such month.
``(2) Minimum essential coverage defined.--In this
subsection, the term `minimum essential coverage' has the
meaning given such term in section 5000A(f) of the Internal
Revenue Code of 1986.''.
(c) Model Notice and Publication of Information Relating to
Special Enrollment Periods and Credits for Individuals
Receiving Unemployment Compensation.--
(1) Model notice.--The Secretary of Health and Human
Services shall make available to States a model notice (which
may be sent by mail, email, or electronic means upon the
receipt of unemployment compensation (as defined in
subparagraph (D) of section 1311(c)(8) of the Patient
Protection and Affordable Care Act, as added by subsection
(a)) that includes information with respect to the
eligibility of individuals described in subparagraph (A) of
such section--
(A) to enroll in a qualified health plan offered through an
Exchange during a special enrollment period described in
section 1311(c)(8)(A) of such Act;
(B) for the premium tax credit under section 36B of the
Internal Revenue Code of 1986; and
(C) for any increase to the premium tax credit an
individual otherwise receives under section 36B of the
Internal Revenue Code of 1986 by reason of subsection (g) of
such section.
(2) Publication of information .--Section 1311(b) of the
Patient Protection and Affordable Care Act (42 U.S.C.
18031(b)) by adding at the end the following new paragraph:
``(3) Publication of information relating to a special
enrollment period and credits.--An Exchange shall, not later
than 7 days after the date of the enactment of this
paragraph, prominently post on the homepage of the Internet
website for such Exchange information with respect to the
special enrollment period described in subsection (c)(8)(A)
and hyperlinks to information with respect to the eligibility
of individuals described in such subsection--
``(A) to enroll in a qualified health plan offered through
an Exchange during a special enrollment period described in
such subsection;
``(B) for the premium tax credit under section 36B of the
Internal Revenue Code of 1986; and
``(C) for any increase to the premium tax credit an
individual otherwise receives under section 36B of the
Internal Revenue Code of 1986 by reason of subsection (g) of
such section.''.
SEC. 313. TEMPORARY MODIFICATION OF LIMITATIONS ON
RECONCILIATION OF TAX CREDITS FOR COVERAGE
UNDER A QUALIFIED HEALTH PLAN WITH ADVANCE
PAYMENTS OF SUCH CREDIT.
(a) In General.--Section 36B(f)(2)(B) of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new clause:
``(iii) Temporary modification of limitation on increase.--
In the case of any taxable year beginning in 2020 or 2021,
clause (i) shall be applied--
``(I) by substituting `600 percent' for `400 percent' the
first place it appears therein, and
``(II) by substituting the following table for the table
contained therein:
----------------------------------------------------------------------------------------------------------------
``If the household income (expressed as a percent of
poverty line) is: The applicable dollar amount is:
----------------------------------------------------------------------------------------------------------------
Less than 500%............................................. $0
At least 500% but less than 550%........................... $1,600
At least 550% but less than 600%........................... $2,650
----------------------------------------------------------------------------------------------------------------
The dollar amounts in the table contained under this clause
shall be increased under clause (ii) for taxable years
beginning calendar year 2021 by substituting `calendar year
2020' for `calendar year 2013' in subclause (II) thereof.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2019.
SEC. 314. REQUIREMENTS FOR COBRA NOTICES RELATING TO THE
AVAILABILITY OF HEALTH INSURANCE COVERAGE AND
ASSISTANCE.
(a) Additional Notification Requirement for COBRA
Notices.--
(1) In general.--In the case of a notice 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, or section 2206(4) of the
Public Health Service Act (42 U.S.C. 300bb-6(4)), with
respect to an individual who, during the period described in
paragraph (2), becomes entitled to elect COBRA continuation
coverage, the requirements of such provisions shall not be
treated as met unless such notice includes an additional
written notice advising such individual, in clear and
understandable language--
(A) that such individual may be eligible for--
(i) a special enrollment period described in section
1311(c)(8)(A) of the Patient Protection and Affordable Care
Act; and
(ii) a premium tax credit under section 36B of the Internal
Revenue Code of 1986 (including a possible increase to such
credit by reason of subsection (g) of such section); and
(B) of the existence and potential effects of the temporary
modification of limitations on reconciliation of such credits
under section 36B(f)(2)(B)(iii) of such Code.
(2) Period described.--For purposes of paragraph (1), the
period described in this paragraph is the period that--
(A) begins 14 days after the date of the enactment of this
Act; and
(B) ends 60 days after the last day of the emergency period
described in section 1135(g)(1)(B) of the Social Security Act
(42 U.S.C. 1320b-5(g)(1)(B)).
(3) Form.--The requirement of the additional notification
under this subsection may be met by amendment of existing
notice forms or by inclusion of a separate document with the
notice otherwise required.
(4) Model notices.--Not later than 14 days after the date
of enactment of this Act, with respect to any individual
described in paragraph (1), 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
subsection. Such models shall include an estimate of the
amount of the monthly premium of a silver-level qualified
health plan offered through an Exchange following the
application of tax credits under section 36B of the Internal
Revenue Code of 1986 for the average individual eligible for
the special enrollment period described in paragraph
(1)(A)(i).
(b) Outreach by the Secretary of Labor.--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, special enrollment
periods, and reconciliation modifications described in
subsection (a)(1). Such outreach shall target employers,
group health plan administrators, public assistance programs,
States, consumers, and other entities as determined
appropriate by such Secretaries. Information on such premium
assistance, special enrollment periods, and reconciliation
modifications shall also be made available on the websites of
the Departments of
[[Page S6197]]
Labor, Treasury, and Health and Human Services.
(c) Definitions.--In this section:
(1) 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, or
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 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.
(2) Exchange.--The term ``Exchange'' means an American
Health Benefit Exchange established under section 1311 of the
Patient Protection and Affordable Care Act.
(3) 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.
(4) Qualified health plan.--The term ``qualified health
plan'' has the meaning given such term in section 1301(a)(1)
of the Patient Protection and Affordable Care Act.
(5) 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.
(6) Unemployment compensation.--The term ``unemployment
compensation'' means, with respect to an individual--
(A) regular compensation and extended compensation (as such
terms are defined by section 205 of the Federal-State
Extended Unemployment Compensation Act of 1970);
(B) unemployment compensation (as defined by section 85(b)
of the Internal Revenue Code of 1986) provided under any
program administered by a State under an agreement with the
Secretary;
(C) pandemic unemployment assistance under section 2102 of
the CARES Act;
(D) pandemic emergency unemployment compensation under
section 2107 of the CARES Act;
(E) unemployment benefits under the Railroad Unemployment
Insurance Act; and
(F) trade adjustment assistance under title II of the Trade
Act of 1974;
for which such individual is eligible for any week during the
period described in subsection (a)(2).
TITLE IV--APPLICATION TO OTHER HEALTH PROGRAMS
SEC. 401. PROHIBITION ON COPAYMENTS AND COST SHARING FOR
TRICARE BENEFICIARIES RECEIVING COVID-19
TREATMENT.
(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.
SEC. 402. 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 apply with respect to hospital care and medical
services furnished on or after the date of the enactment of
this Act.
SEC. 403. PROHIBITION ON COPAYMENTS AND COST SHARING FOR
FEDERAL CIVILIAN EMPLOYEES RECEIVING COVID-19
TREATMENT.
(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
SEC. 501. DEFINITIONS.
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
SEC. 511. MEDICAL SUPPLIES RESPONSE COORDINATOR.
(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
of 1950 (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.
SEC. 512. INFORMATION TO BE INCLUDED IN LIST OF DEVICES
DETERMINED TO BE IN SHORTAGE.
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.
SEC. 513. EXTENDED SHELF LIFE DATES FOR ESSENTIAL DEVICES.
(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
[[Page S6198]]
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;''.
SEC. 514. AUTHORITY TO DESTROY COUNTERFEIT DEVICES.
(a) In General.--Section 801(a) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 381(a)) is amended--
(1) in the fourth sentence, by inserting ``or counterfeit
device'' after ``counterfeit drug''; and
(2) by striking ``The Secretary of the Treasury shall cause
the destruction of'' and all that follows through ``liable
for costs pursuant to subsection (c).'' and inserting the
following: ``The Secretary of the Treasury shall cause the
destruction of any such article refused admission unless such
article is exported, under regulations prescribed by the
Secretary of the Treasury, within 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).''.
SEC. 515. REPORTING REQUIREMENT FOR DRUG MANUFACTURERS.
(a) Establishments in a Foreign Country.--Section 510(i) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(i))
is amended by inserting at the end the following new
paragraph:
``(5) The requirements of paragraphs (1) and (2) shall
apply to establishments within a foreign country engaged in
the manufacture, preparation, propagation, compounding, or
processing of any drug, including the active pharmaceutical
ingredient, that is required to be listed pursuant to
subsection (j). Such requirements shall apply regardless of
whether the drug 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''.
SEC. 516. RECOMMENDATIONS TO ENCOURAGE DOMESTIC MANUFACTURING
OF CRITICAL DRUGS.
(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).
SEC. 517. FAILURE TO NOTIFY OF A PERMANENT DISCONTINUANCE OR
AN INTERRUPTION.
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,
[[Page S6199]]
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.''.
SEC. 518. FAILURE TO DEVELOP RISK MANAGEMENT PLAN.
Section 301 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 331), as amended by section 517, 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).''.
SEC. 519. NATIONAL CENTERS OF EXCELLENCE IN CONTINUOUS
PHARMACEUTICAL MANUFACTURING.
(a) In General.--Section 3016 of the 21st Century Cures Act
(21 U.S.C. 399h) is amended to read as follows:
``SEC. 3016. NATIONAL CENTERS OF EXCELLENCE IN CONTINUOUS
PHARMACEUTICAL MANUFACTURING.
``(a) In General.--The Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs--
``(1) shall solicit and, beginning not later than 1 year
after the date of enactment of the Investing in America's
Health Care During the COVID-19 Pandemic Act 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
[[Page S6200]]
Services, acting through the Commissioner of Food and
Drugs.''.
(b) Transition Rule.--Section 3016 of the 21st Century
Cures Act (21 U.S.C. 399h), as in effect on the day before
the date of the enactment of this section, shall apply with
respect to grants awarded under such section before such date
of enactment.
Subtitle B--Strategic National Stockpile Improvements
SEC. 531. EQUIPMENT MAINTENANCE.
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.''.
SEC. 532. SUPPLY CHAIN FLEXIBILITY MANUFACTURING PILOT.
(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
531, 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.''.
SEC. 533. REIMBURSABLE TRANSFERS FROM STRATEGIC NATIONAL
STOCKPILE.
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.''.
SEC. 534. STRATEGIC NATIONAL STOCKPILE ACTION REPORTING.
(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.
SEC. 535. IMPROVED, TRANSPARENT PROCESSES FOR THE STRATEGIC
NATIONAL STOCKPILE.
(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.
SEC. 536. GAO STUDY ON THE FEASIBILITY AND BENEFITS OF A
STRATEGIC NATIONAL STOCKPILE USER FEE
AGREEMENT.
(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--
[[Page S6201]]
(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
SEC. 541. COVID-19 TESTING STRATEGY.
(a) Strategy.--Not later than 30 days after the date of the
enactment of this Act, 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.
SEC. 542. CENTRALIZED TESTING INFORMATION WEBSITE.
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.
SEC. 543. MANUFACTURER REPORTING OF TEST DISTRIBUTION.
(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
[[Page S6202]]
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).
SEC. 544. STATE TESTING REPORT.
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.
SEC. 545. STATE LISTING OF TESTING SITES.
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).
SEC. 546. REPORTING OF COVID-19 TESTING RESULTS.
(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 as
soon as is practicable, and in no case later than one week
after such information is received.
(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.
SEC. 547. GAO REPORT ON DIAGNOSTIC TESTS.
(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.
SEC. 548. PUBLIC HEALTH DATA SYSTEM TRANSFORMATION.
Subtitle C of title XXVIII of the Public Health Service Act
(42 U.S.C. 300hh-31 et seq.) is amended by adding at the end
the following:
``SEC. 2823. 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
[[Page S6203]]
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.''.
SEC. 549. PILOT PROGRAM TO IMPROVE LABORATORY INFRASTRUCTURE.
(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.
SEC. 550. CORE PUBLIC HEALTH INFRASTRUCTURE FOR STATE, LOCAL,
TRIBAL, AND TERRITORIAL HEALTH DEPARTMENTS.
(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.
[[Page S6204]]
SEC. 551. CORE PUBLIC HEALTH INFRASTRUCTURE AND ACTIVITIES
FOR CDC.
(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 550.
(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
SEC. 561. NATIONAL SYSTEM FOR COVID-19 TESTING, CONTACT
TRACING, SURVEILLANCE, CONTAINMENT, AND
MITIGATION.
(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 541.
(d) Reporting.--The Secretary shall--
(1) not later than one month after the date of the
enactment of this Act, 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 three months after the end of 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, submit to such committees a final report on such
effectiveness.
SEC. 562. GRANTS.
(a) In General.--To implement the national system under
section 561, 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 541;
(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 racial and ethnic minority
populations;
(I) 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))), and
geographically diverse areas, as determined by the Secretary;
(J) 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);
(K) allows for testing in sentinel surveillance programs,
as appropriate; and
(L) 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, addressing the specific needs
of racial and ethnic minority populations, which may include
consultation with and support from faith-based, nonprofit,
cultural or civic organizations with established ties to the
community;
(D) establishes culturally competent and multilingual
strategies for contact tracing, addressing the specific needs
of 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. 2324 254e(a)));
(E) provides individuals identified under the contact
tracing program with information and support for containment
or mitigation;
(F) 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 566(b) of this Act to hire
[[Page S6205]]
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;
(G) identifies the level of contact tracing needed within
the State, locality, territory, or Tribal area to contain and
mitigate the transmission of COVID-19; and
(H) 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.
(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;
(E) identifies specific strategies for ensuring disease
surveillance in racial and ethnic minority populations; and
(F) 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))), 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;
(D) identifies specific strategies for ensuring containment
and mitigation activities in racial and ethnic minority
populations; and
(E) 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))), 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.
SEC. 563. GUIDANCE, TECHNICAL ASSISTANCE, INFORMATION, AND
COMMUNICATION.
(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.
(7) Best practices related to improving public compliance
for isolation and containment measures and reaching medically
underserved communities.
(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 562(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,
[[Page S6206]]
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.
SEC. 564. RESEARCH AND DEVELOPMENT.
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.
SEC. 565. AWARENESS CAMPAIGNS.
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.
SEC. 566. GRANTS TO STATE AND TRIBAL WORKFORCE AGENCIES.
(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 562(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
and related positions and 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 561.
(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 541; 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 and related positions, as described in section
562(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 and 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
[[Page S6207]]
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 562(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 561;
(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 tracing 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 eligible
individuals 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 and related positions; 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 eligible
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 in contact tracing and related positions, that is
conducted in collaboration with the employers of such
individuals;
(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 contact
tracing and 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 and 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
and related positions 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 in contact tracing and related positions;
(B) the number of individuals successfully transitioned to
unsubsidized employment or training at the completion of
employment in contact tracing and 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 and 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 561 of this Act; and
(G) best practices for improving and increasing the
transition of individuals employed in contract tracing and
related positions to unsubsidized 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 562, 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.
[[Page S6208]]
SEC. 567. APPLICATION OF THE SERVICE CONTRACT ACT TO
CONTRACTS AND GRANTS.
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.
SEC. 568. AUTHORIZATION OF APPROPRIATIONS.
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
SEC. 571. COVID-19 REPORTING PORTAL.
(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.
SEC. 572. REGULAR CDC REPORTING ON DEMOGRAPHIC DATA.
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.
SEC. 573. FEDERAL MODERNIZATION FOR HEALTH INEQUITIES DATA.
(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.
SEC. 574. MODERNIZATION OF STATE AND LOCAL HEALTH INEQUITIES
DATA.
(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 three months after the
end of 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, 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.
SEC. 575. TRIBAL FUNDING TO RESEARCH HEALTH INEQUITIES
INCLUDING COVID-19.
(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.
[[Page S6209]]
(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 three months after the
end of 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, 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.
SEC. 576. CDC FIELD STUDIES PERTAINING TO SPECIFIC HEALTH
INEQUITIES.
(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 three months after the
end of 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, 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.
SEC. 577. ADDITIONAL REPORTING TO CONGRESS ON THE RACE AND
ETHNICITY RATES OF COVID-19 TESTING,
HOSPITALIZATIONS, AND MORTALITIES.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, 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 three months after the
end of 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, 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 572 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
SEC. 581. TECHNICAL CORRECTIONS TO AMENDMENTS MADE BY CARES
ACT.
(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(a)(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
SEC. 601. DEFINITION.
In this title, the term ``Secretary'' means the Secretary
of Health and Human Services.
Subtitle A--Assistance to Providers and Health System
SEC. 611. HEALTH CARE PROVIDER RELIEF FUND.
(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
[[Page S6210]]
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 quarters beginning on January 1 and April 1, 2020, if the
applicant has not previously submitted an application with
the respect to such quarters.
(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 quarters beginning
on January 1 and April 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 care 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
paragraph (1)(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 or, if the health care provider does not
have a valid tax identification number, an employer
identification number or such other identification number as
the Secretary may accept or may assign;
(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 quarter 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 and any other information the Secretary
determines necessary to determine expenses and lost revenue
related to COVID-19.
(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 (d)) and lost revenues
(as described in subsection (e)) 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 or with respect to such item or service, 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 by a health care provider of reimbursement under this
section, if the health care provider furnishes any medically
necessary item or service described in subparagraph (A), (B),
or (C) of paragraph (3) during the emergency period described
in section 1135(g)(1)(B) of the Social Security
[[Page S6211]]
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) to an uninsured individual who is
described in such subparagraph (A), (B), or (C),
respectively, the health care provider--
(A) shall submit a claim for purposes of reimbursement,
with respect to such item or service--
(i) from the uninsured portal established pursuant to the
provider relief fund established through the Public Health
and Social Services Emergency Fund under the Coronavirus Aid,
Relief, and Economic Security Act (Public Law 116-136), or
pursuant to activities authorized under section 2812 of the
Public Health Service Act (42 U.S.C. 300hh-11) under the
Public Health and Social Services Emergency Fund under the
Families First Coronavirus Response Act (Public Law 116-127);
or
(ii) if applicable, under this section with respect to
expenses incurred in providing uncompensated care (as
described in subsection (g)(4)) with respect to such medical
care); and
(B) if such claim is eligible for such reimbursement--
(i) shall consider the amount of such reimbursement as
payment in full with respect to such item or service so
furnished to such individual;
(ii) may not bill or otherwise hold liable such individual
for any payment for such item or service so furnished to such
individual; and
(iii) 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).
(D) Uninsured individual.--The term ``uninsured
individual'' shall have the meaning given such term in the
Families First Coronavirus Response Act (Public Law 116-127)
for purposes of the additional amount made available under
such Act to the Public Health and Social Services Emergency
Fund for activities authorized under section 2812 of the
Public Health Service Act (42 U.S.C. 300hh-11).
(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 possible 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 $50,000,000,000, 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 $5,000,000,000 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.
SEC. 612. PUBLIC HEALTH WORKFORCE LOAN REPAYMENT PROGRAM.
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
[[Page S6212]]
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 2021; and
``(2) $75,000,000 for fiscal year 2022.''.
SEC. 613. EXPANDING CAPACITY FOR HEALTH OUTCOMES.
(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.
SEC. 614. ADDITIONAL FUNDING FOR MEDICAL RESERVE CORPS.
Section 2813(i) of the Public Health Service Act (42 U.S.C.
300hh-15(i)) 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 2021 and 2022 and $11,200,000 for
each of fiscal years 2023 through 2025''.
SEC. 615. GRANTS FOR SCHOOLS OF MEDICINE IN DIVERSE AND
UNDERSERVED AREAS.
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
[[Page S6213]]
``(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.''.
SEC. 616. GAO STUDY ON PUBLIC HEALTH WORKFORCE.
(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, 2022, the
Comptroller General shall submit to the Congress a report on
the findings of the study conducted under this section.
SEC. 617. LONGITUDINAL STUDY ON THE IMPACT OF COVID-19 ON
RECOVERED PATIENTS.
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.''.
SEC. 618. RESEARCH ON THE MENTAL HEALTH IMPACT OF COVID-19.
(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.
SEC. 619. EMERGENCY MENTAL HEALTH AND SUBSTANCE USE TRAINING
AND TECHNICAL ASSISTANCE CENTER.
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 2021 and 2022.''.
SEC. 620. IMPORTANCE OF THE BLOOD AND PLASMA SUPPLY.
(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
[[Page S6214]]
(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
SEC. 631. REIMBURSEMENT FOR ADDITIONAL HEALTH SERVICES
RELATING TO CORONAVIRUS.
Title V of division A of the Families First Coronavirus
Response Act (Public Law 116-127; 134 Stat. 182) 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''.
SEC. 632. CENTERS FOR DISEASE CONTROL AND PREVENTION COVID-19
RESPONSE LINE.
(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.
SEC. 633. GRANTS TO ADDRESS SUBSTANCE USE DURING COVID-19.
(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.
SEC. 634. GRANTS TO SUPPORT INCREASED BEHAVIORAL HEALTH NEEDS
DUE TO COVID-19.
(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 2021 and 2022, to remain available
until expended.
Subtitle C--Assistance to Tribes
SEC. 641. IMPROVING STATE, LOCAL, AND TRIBAL PUBLIC HEALTH
SECURITY.
Section 319C-1 of the Public Health Service Act (42 U.S.C.
247d-3a) is amended--
(1) in the section heading, by striking ``and local'' and
inserting ``, local, and tribal'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``or'' at the end;
(ii) in subparagraph (C), by striking ``and'' at the end
and inserting ``or''; and
(iii) by adding at the end the following:
``(D) be an Indian Tribe, Tribal organization, or a
consortium of Indian Tribes or Tribal organizations; and'';
and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by inserting
``, as applicable'' after ``including'';
(ii) in subparagraph (A)(viii)--
(I) by inserting ``and Tribal'' after ``with State'';
(II) by striking ``(as defined in section 8101 of the
Elementary and Secondary Education Act of 1965)'' and
inserting ``and Tribal educational agencies (as defined in
sections 8101 and 6132, respectively, of the Elementary and
Secondary Education Act of 1965)''; and
(III) by inserting ``and Tribal'' after ``and State'';
(iii) in subparagraph (G), by striking ``and tribal'' and
inserting ``Tribal, and urban Indian organization''; and
(iv) in subparagraph (H), by inserting ``, Indian Tribes,
and urban Indian organizations'' after ``public health'';
(3) in subsection (e), by inserting ``Indian Tribes, Tribal
organizations, urban Indian organizations,'' after ``local
emergency plans,'';
(4) in subsection (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 2024 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 paragraph (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
[[Page S6215]]
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).''.
SEC. 642. PROVISION OF ITEMS TO INDIAN PROGRAMS AND
FACILITIES.
(a) Strategic National Stockpile.--Section 319F-2(a)(3)(G)
of the Public Health Service Act (42 U.S.C. 247d-6b(a)(3)(G))
is amended by inserting ``, and, in the case that the
Secretary deploys the stockpile under this subparagraph,
ensure, in coordination with the applicable States and
programs and facilities, that appropriate drugs, vaccines and
other biological products, medical devices, and other
supplies are deployed by the Secretary directly to health
programs or facilities operated by the Indian Health Service,
an Indian Tribe, a Tribal organization (as those terms are
defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)), or an inter-
Tribal consortium (as defined in section 501 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5381)) or through an urban Indian organization (as defined in
section 4 of the Indian Health Care Improvement Act), while
avoiding duplicative distributions to such programs or
facilities'' before the semicolon.
(b) Distribution of Qualified Pandemic or Epidemic Products
to IHS Facilities.--Title III of the Public Health Service
Act (42 U.S.C. 241 et seq.) is amended by inserting after
section 319F-4 the following:
``SEC. 319F-5. DISTRIBUTION OF QUALIFIED PANDEMIC OR EPIDEMIC
PRODUCTS TO INDIAN PROGRAMS AND FACILITIES.
``In the case that the Secretary distributes qualified
pandemic or epidemic products (as defined in section 319F-
3(i)(7)) to States or other entities, the Secretary shall
ensure, in coordination with the applicable States and
programs and facilities, that, as appropriate, such products
are distributed directly to health programs or facilities
operated by the Indian Health Service, an Indian Tribe, a
Tribal organization (as those terms are defined in section 4
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)), or an inter-Tribal consortium (as defined
in section 501 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5381)) or through an urban Indian
organization (as defined in section 4 of the Indian Health
Care Improvement Act), while avoiding duplicative
distributions to such programs or facilities.''.
SEC. 643. HEALTH CARE ACCESS FOR URBAN NATIVE VETERANS.
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''.
SEC. 644. TRIBAL SCHOOL FEDERAL INSURANCE PARITY.
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.)''.
SEC. 645. PRC FOR NATIVE VETERANS.
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)''.
Subtitle D--Public Health Assistance to Essential Workers
SEC. 651. CONTAINMENT AND MITIGATION FOR ESSENTIAL WORKERS
PROGRAM.
(a) Program.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention and in
consultation with the Director of the National Institute for
Occupational Safety and Health, shall establish a COVID-19
containment and mitigation for essential workers program
consisting of awarding grants under subsection (b).
(b) Grants.--For the purpose of improving essential worker
safety, the Secretary--
(1) shall award a grant to each State health department;
and
(2) may award grants on a competitive basis to State,
local, Tribal, or territorial health departments.
(c) Use of Funds.--A State, local, Tribal, or territorial
health department receiving a grant under subsection (b)
shall use the grant funds--
(1) to purchase or procure personal protective equipment
and rapid testing equipment and supplies for distribution to
employers of essential workers, including public employers;
or
(2) to support the implementation of other workplace safety
measures for use in containment and mitigation of COVID-19
transmission among essential workers in their workplaces,
including workplaces of public employers.
(d) Formula Grants to State Health Departments.--In making
grants under subsection (b)(1), the Secretary shall award
funds to each State health department in accordance with a
formula based on overall population size, essential workers
population size, and burden of COVID-19.
(e) Competitive Grants to State, Local, Tribal, and
Territorial Health Departments.--In making grants under
subsection (b)(2), the Secretary shall give priority to
applicants demonstrating a commitment to containing and
mitigating COVID-19 among racial and ethnic minority groups
who are disproportionately represented in essential worker
settings.
(f) No Duplicative Assistance Limitation.--The Secretary
may not provide, and a State, local, Tribal, or territorial
health department, or employer of essential workers may not
accept, assistance under this section for containment and
mitigation of COVID-19 transmission among essential workers
in their workplaces with respect to which--
(1) the State, local, Tribal, or territorial health
department, or employer of essential workers receives
assistance from other sources for such purposes; or
(2) other sources are obligated to provide assistance to
such health department or employer for such purposes.
(g) Technical Assistance.--In carrying out the program
under this section, the Secretary shall provide technical
assistance to State, local, Tribal, or territorial health
departments.
(h) Report.--No later than 90 days after the date of
enactment of this Act, and every 90 days thereafter, the
Secretary shall submit to the Committee on Energy and
Commerce and 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 on the
activities funded through this section, including--
(1) the amount expended and the awardees under subsection
(b)(1);
(2) the amount expended and the awardees under subsection
(b)(2);
(3) the total amount remaining of the amounts appropriated
or otherwise made available to carry out this section under
subsection (i); and
(4) evaluating the progress of State, local, Tribal, and
territorial health departments in reducing COVID-19 burden
among essential workers.
(i) Consultation With Essential Employers, Essential
Workers, and Employee Representatives of Essential Workers.--
(1) In general.--In developing the strategy and program
under subsection (a) and in determining criteria for
distribution of competitive grants under this section, the
Secretary of Health and Human Services, acting through the
Director of the Centers for Disease Control and Prevention
and in consultation with the Director of the National
Institute for Occupational Safety and Health, shall consult
in advance with--
(A) employers of essential workers;
(B) representatives of essential workers; and
(C) labor organizations representing essential workers.
(2) Optional advance consultation.--A State health
department may, before receiving funding through a grant
under this section, consult with employers of essential
workers, representatives of workers, and labor organizations
representing essential workers in determining--
(A) priorities for the use of such funds; and
(B) the distribution of COVID-19 containment and mitigation
equipment and supplies.
[[Page S6216]]
(j) Definitions.--In this section:
(1) The term ``essential worker'' refers to--
(A) the ``essential critical infrastructure workers''
identified in the Department of Homeland Security's
``Advisory Memorandum on Ensuring Essential Critical
Infrastructure Workers Ability to Work During the COVID-19
Response'' released on August 18, 2020 (or any successor
document); and
(B) workers included as essential workers in executive
orders issued by the Governor of a State.
(2) The term ``containment and mitigation'' includes the
use of--
(A) personal protective equipment;
(B) other protections, including expanding or improving
workplace infrastructure through engineering and work
practice controls, such as ventilation systems, plexiglass
partitions, air filters, and the use of hand sanitizer or
sanitation supplies;
(C) access to medical evaluations, testing (including rapid
testing), and contact tracing; and
(D) other related activities or equipment recommended or
required by the Director of Centers of Disease Control and
Prevention or required pursuant to the Occupational Safety
and Health Act of 1970 (29 U.S.C. 651 et seq.) or a State
plan approved pursuant to section 18 of that Act (29 U.S.C.
667); and
(k) Authorization of Appropriations.--To carry out this
section, there is authorized to be appropriated
$2,000,000,000, to remain available until expended.
TITLE VII--VACCINE DEVELOPMENT, DISTRIBUTION, ADMINISTRATION, AND
AWARENESS
SEC. 701. DEFINITIONS.
In this title:
(1) The term ``ancillary medical supplies'' includes--
(A) vials;
(B) bandages;
(C) alcohol swabs;
(D) syringes;
(E) needles;
(F) gloves, masks, and other personal protective equipment;
(G) cold storage equipment; and
(H) other products the Secretary determines necessary for
the administration of vaccines.
(2) The term ``Secretary'' means the Secretary of Health
and Human Services.
SEC. 702. VACCINE AND THERAPEUTIC DEVELOPMENT AND
PROCUREMENT.
(a) Enhancing Development, Procurement and Manufacturing
Capacity.--
(1) In general.--The Secretary shall, as appropriate, award
contracts, grants, and cooperative agreements, and, where
otherwise allowed by law, enter into other transactions, for
purposes of--
(A) expanding and enhancing COVID-19 and SARS-CoV-2 vaccine
and therapeutic development and research;
(B) procurement of COVID-19 and SARS-CoV-2 vaccines,
therapeutics, and ancillary medical supplies; and
(C) expanding and enhancing capacity for manufacturing
vaccines, therapeutics, and ancillary medical supplies to
prevent the spread of COVID-19 and SARS-CoV-2 and .
(2) Authorization of appropriations.--To carry out this
subsection, there is authorized to be appropriated
$20,000,000,000 for the period of fiscal years 2021 through
2025, to remain available until expended.
(b) Report on Vaccine Manufacturing and Administration
Capacity.--Not later than December 1, 2020, the Secretary
shall submit 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 a report
detailing--
(1) an assessment of the estimated supply of vaccines and
ancillary medical supplies related to vaccine administration
necessary to control and stop the spread of SARS-CoV-2 and
COVID-19, domestically and internationally;
(2) an assessment of current and future domestic capacity
for manufacturing vaccines or vaccine candidates to control
or stop the spread of SARS-CoV-2 and COVID-19 and ancillary
medical supplies related to the administration of such
vaccines, including--
(A) identification of any gaps in capacity for
manufacturing; and
(B) the effects of shifting manufacturing resources to
address COVID-19;
(3) activities conducted to expand and enhance capacity for
manufacturing vaccines, vaccine candidates, and ancillary
medical supplies 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;
(4) a plan for the ongoing support of enhanced capacity for
manufacturing vaccines, vaccine candidates, and ancillary
medical supplies sufficient to control and stop the spread of
SARS-CoV-2 and COVID-19, domestically and internationally;
and
(5) a plan to support the distribution and 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.
SEC. 703. VACCINE DISTRIBUTION AND ADMINISTRATION.
(a) In General.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall--
(1) conduct activities to enhance, expand, and improve
nationwide COVID-19 and SARS-CoV-2 vaccine distribution and
administration, including activities related to distribution
of ancillary medical supplies; and
(2) award grants or cooperative agreements to State, local,
Tribal, and territorial public health departments for
enhancement of COVID-19 and SARS-CoV-2 vaccine distribution
and administration capabilities, including--
(A) distribution of vaccines approved or authorized by the
Food and Drug Administration;
(B) distribution of ancillary medical supplies;
(C) workforce enhancements;
(D) information technology and data enhancements,
including--
(i) enhancements for purposes of maintaining and tracking
real-time information related to vaccine distribution and
administration; and
(ii) enhancements to improve immunization information
systems, including patient matching capabilities and the
interoperability of such systems, that are administered by
State, local, Tribal, and territorial public health
departments and used by health care providers and health care
facilities; and
(E) facilities enhancements.
(b) Report to Congress.--Not later than December 31, 2020,
and annually thereafter, the Secretary shall submit a report
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 detailing
activities carried out and grants and cooperative agreements
awarded under this section.
(c) Authorization of Appropriations.--To carry out this
section, there is authorized to be appropriated
$7,000,000,000 for the period of fiscal years 2021 through
2025, to remain available until expended.
SEC. 704. STOPPING THE SPREAD OF COVID-19 AND OTHER
INFECTIOUS DISEASES THROUGH EVIDENCE-BASED
VACCINE AWARENESS.
(a) In General.--The Public Health Service Act is amended
by striking section 313 of such Act (42 U.S.C. 245) and
inserting the following:
``SEC. 313. PUBLIC AWARENESS CAMPAIGN ON THE IMPORTANCE OF
VACCINATIONS.
``(a) In General.--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 to carry out a
national, evidence-based campaign for increasing rates of
vaccination across all ages, as applicable, particularly in
communities with low rates of vaccination, to reduce and
eliminate vaccine-preventable diseases by--
``(1) increasing awareness and knowledge of the safety and
effectiveness of vaccines approved or authorized by the Food
and Drug Administration for the prevention and control of
diseases, including COVID-19;
``(2) combating misinformation about vaccines; and
``(3) disseminating scientific and evidence-based vaccine-
related information.
``(b) Consultation.--In carrying out the campaign under
this section, the Secretary shall consult with appropriate
public health and medical experts, including the National
Academy of Medicine and medical and public health
associations and nonprofit organizations, in the development,
implementation, and evaluation of the campaign under this
section.
``(c) Requirements.--The campaign under this section
shall--
``(1) be a nationwide, evidence-based media and public
engagement initiative;
``(2) include the development of resources for communities
with low rates of vaccination, including culturally and
linguistically appropriate resources, as applicable;
``(3) include the dissemination of vaccine information and
communication resources to public health departments, health
care providers, and health care facilities, including such
providers and facilities that provide prenatal and pediatric
care;
``(4) be complementary to, and coordinated with, any other
Federal, State, local, or Tribal efforts;
``(5) assess the effectiveness of communication strategies
to increase rates of vaccination; and
``(6) not be used for partisan political purposes, or to
express advocacy in support of or to defeat any clearly
identified candidate, clearly identified ballot initiative,
or clearly identified legislative or regulatory proposal.
``(d) Additional Activities.--The campaign under this
section may--
``(1) include the use of television, radio, the internet,
and other media and telecommunications technologies;
``(2) include the use of in-person activities;
``(3) be focused and directed to address specific needs of
communities and populations with low rates of vaccination;
and
``(4) include the dissemination of scientific and evidence-
based vaccine-related information, such as--
``(A) advancements in evidence-based research related to
diseases that may be prevented by vaccines and vaccine
development;
[[Page S6217]]
``(B) information on vaccinations for individuals and
communities, including individuals for whom vaccines are not
recommended by the Advisory Committee for Immunization
Practices, and the effects of low vaccination rates within a
community on such individuals;
``(C) information on diseases that may be prevented by
vaccines; and
``(D) information on vaccine safety and the systems in
place to monitor vaccine safety.
``(e) Evaluation.--The Secretary shall--
``(1) establish benchmarks and metrics to quantitatively
measure and evaluate the campaign under this section;
``(2) conduct qualitative assessments regarding the
campaign under this section; and
``(3) prepare and submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate an
evaluation of the campaign under this section.
``(f) Supplement Not Supplant.--Funds made available to
carry out this section shall be used to supplement and not
supplant other Federal, State, local, and Tribal public funds
provided for activities described in this section.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $200,000,000 for
the period of fiscal years 2021 through 2025.''.
(b) Grants to Address Vaccine-preventable Diseases.--
Section 317 of the Public Health Service Act (42 U.S.C. 247b)
is amended--
(1) in subsection (k)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking ``; and'' at the end
and inserting a semicolon;
(ii) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(iii) by adding at the end the following:
``(E) planning, implementation, and evaluation of
activities to address vaccine-preventable diseases, including
activities--
``(i) to identify communities at high risk of outbreaks
related to vaccine-preventable diseases, including through
improved data collection and analysis;
``(ii) to pilot innovative approaches to improve
vaccination rates in communities and among populations with
low rates of vaccination;
``(iii) to reduce barriers to accessing vaccines and
evidence-based information about the health effects of
vaccines;
``(iv) to partner with community organizations and health
care providers to develop and deliver evidence-based,
culturally and linguistically appropriate interventions to
increase vaccination rates;
``(v) to improve delivery of evidence-based vaccine-related
information to parents and others; and
``(vi) to improve the ability of State, local, Tribal, and
territorial public health departments to engage communities
at high risk for outbreaks related to vaccine-preventable
diseases, including, as appropriate, with local educational
agencies (as defined in section 8101 of the Elementary and
Secondary Education Act of 1965); and
``(F) research related to strategies for improving
awareness of scientific and evidence-based vaccine-related
information, including for communities with low rates of
vaccination, in order to understand barriers to vaccination,
improve vaccination rates, and assess the public health
outcomes of such strategies.''; and
(B) by adding at the end the following:
``(5) In addition to amounts authorized to be appropriated
by subsection (j) to carry out this subsection, there is
authorized to be appropriated to carry out this subsection
$750,000,000 for the period of fiscal years 2021 through
2025.''; and
(2) by adding at the end the following:
``(n) Vaccination Data.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall expand and enhance, and, as appropriate, establish and
improve, programs and conduct activities to collect, monitor,
and analyze vaccination coverage data to assess levels of
protection from vaccine-preventable diseases including COVID-
19, including by--
``(A) assessing factors contributing to underutilization of
vaccines and variations of such factors; and
``(B) identifying communities at high risk of outbreaks
associated with vaccine-preventable diseases.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for
the period of fiscal years 2021 through 2025.''.
(c) Supplemental Grant Funds.--Section 330(d)(1) of the
Public Health Service Act (42 U.S.C. 254b(d)(1)) is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) in subparagraph (G), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(H) improving access to recommended immunizations.''.
(d) Update of 2015 NVAC Report.--The National Vaccine
Advisory Committee established under section 2105 of the
Public Health Service Act (42 U.S.C. 300aa-5) shall, as
appropriate, update the report entitled, ``Assessing the
State of Vaccine Confidence in the United States:
Recommendations from the National Vaccine Advisory
Committee'', approved by the National Vaccine Advisory
Committee on June 10, 2015, with respect to factors affecting
childhood vaccination.
TITLE VIII--OTHER MATTERS
SEC. 801. NON-DISCRIMINATION.
(a) In General.--Notwithstanding any provision of a covered
law (or an amendment made in any such provision), no person
otherwise eligible shall be excluded from participation in,
denied the benefits of, or subjected to discrimination in the
administration of, programs and services receiving funding
under a covered law (or an amendment made by a provision of
such a covered law), based on any factor that is not merit-
based, such as age, disability, sex (including sexual
orientation, gender identity, and pregnancy, childbirth, and
related medical conditions), race, color, national origin,
immigration status, or religion.
(b) Covered Law Defined.--In this section, the term
``covered law'' includes--
(1) this Act (other than this section);
(2) title I of division B of the Paycheck Protection
Program and Healthcare Enhancement Act (Public Law 116-139);
(3) subtitles A, D, and E of title III of the CARES Act
(Public Law 116-136);
(4) division F of the Families First Coronavirus Relief Act
(Public Law 116-127); and
(5) division B of the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020 (Public Law 116-123).
DIVISION L--VETERANS AND SERVICEMEMBERS PROVISIONS
SEC. 101. 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. 102. 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. 103. 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
[[Page S6218]]
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. 104. 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. 105. 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. 106. 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. 107. 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 on which a covered veteran applies for hospital care
or medical services under this section, the Secretary of
Veterans Affairs shall consider the 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
[[Page S6219]]
(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. 108. EXPANSION OF VET CENTER SERVICES TO VETERANS AND
MEMBERS OF THE ARMED FORCES WHO PERFORM CERTAIN
SERVICE IN RESPONSE TO COVERED PUBLIC HEALTH
EMERGENCY.
(a) In General.--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.''.
(b) Conforming Amendment.--Section 201(q)(4) of the
Commander John Scott Hannon Veterans Mental Health Care
Improvement Act of 2019 is amended by striking ``clauses (i)
through (iv) of section 1712A(a)(1)(C)'' and inserting
``clauses (i) through (v) of section 1712A(a)(1)(C)''.
DIVISION M--CONSUMER PROTECTION AND TELECOMMUNICATIONS PROVISIONS
TITLE I--COVID-19 PRICE GOUGING PREVENTION
SEC. 101. SHORT TITLE.
This title may be cited as the ``COVID-19 Price Gouging
Prevention Act''.
SEC. 102. PREVENTION OF PRICE GOUGING.
(a) In General.--For the duration of a public health
emergency declared pursuant to section 319 of the Public
Health Service Act (42 U.S.C. 247d) as a result of confirmed
cases of 2019 novel coronavirus (COVID-19), including any
renewal thereof, it shall be unlawful for any person to sell
or offer for sale a good or service at a price that--
(1) is unconscionably excessive; and
(2) indicates the seller is using the circumstances related
to such public health emergency to increase prices
unreasonably.
(b) Factors for Consideration.--In determining whether a
person has violated subsection (a), there shall be taken into
account, with respect to the price at which such person sold
or offered for sale the good or service, factors that include
the following:
(1) Whether such price grossly exceeds the average price at
which the same or a similar good or service was sold or
offered for sale by such person--
(A) during the 90-day period immediately preceding January
31, 2020; or
(B) during the 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 laws, 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, CONNECTED
DEVICES, AND CONNECTIVITY
SEC. 201. E-RATE SUPPORT FOR WI-FI HOTSPOTS, OTHER EQUIPMENT,
CONNECTED DEVICES, AND CONNECTIVITY 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 (j)(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) for the purchase during
an emergency period described in subsection (f) (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 (j)(2) 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
[[Page S6220]]
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) Support Amount.--
(1) Reimbursement of 100 percent of costs.--In providing
support under the regulations required by subsection (a), the
Commission shall reimburse 100 percent of the costs
associated with the equipment described in subsection (c),
advanced telecommunications and information services, or
equipment described in such subsection and advanced
telecommunications and information services for which such
support is provided, except that any reimbursement of a
school or library for the costs associated with any such
equipment may not exceed an amount that the Commission
determines, with respect to the request by such school or
library for such reimbursement, is reasonable.
(2) Shortfall in funding.--If requests for reimbursement
for equipment described in subsection (c), advanced
telecommunications and information services, or equipment
described in such subsection and advanced telecommunications
and information services exceed amounts available from the
Emergency Connectivity Fund established under subsection
(j)(1), the Commission shall--
(A) prioritize reimbursements based on the assigned
discount percentage of each eligible school or library
requesting reimbursement under subpart F of part 54 of title
47, Code of Federal Regulations (or any successor
regulation), starting with the eligible schools and libraries
with the highest discount percentage established under such
subpart; and
(B) not later than 2 days after the Commission determines
that the shortfall in funding exists, notify the Committee on
Commerce, Science, and Transportation and the Committee on
Appropriations of the Senate and the Committee on Energy and
Commerce and the Committee on Appropriations of the House of
Representatives of such shortfall.
(f) 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.
(g) 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.
(h) 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.
(i) 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.--
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.
(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).
(j) 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) 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).
(3) Relationship to universal service contributions.--
Support provided under the regulations required by subsection
(a) shall be provided from amounts made available under
paragraph (2) and not from contributions under section 254(d)
of the Communications Act of 1934 (47 U.S.C. 254(d)).
(k) 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
(f), 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. 301. 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--
[[Page S6221]]
(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) That each eligible household for which the provider is
seeking reimbursement for supplying such household with a
connected device has not been and will not be charged $10 or
less or $50 or more for such device.
(D) 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) Certain 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) 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).
(3) 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);
(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; or
(D) at least one member of the household has received a
Federal Pell Grant under section 401 of the Higher Education
Act of 1965 (20 U.S.C. 1070a) in the current award year.
(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
September 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 September 1, 2020,
including any applicable promotions and excluding any taxes
or other governmental fees.
[[Page S6222]]
(8) Provider.--The term ``provider'' means a provider of
broadband internet access service.
SEC. 302. 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),
but at a minimum the Basic Support Amount shall be not less
than $25 per month and the Tribal Lands Support Amount shall
be not less than $40 per month.
(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.--
(1) In general.--Not later than 7 days after the date of
the enactment of this Act, the Commission shall promulgate
regulations implementing this section.
(2) Exemptions.--
(A) Certain rulemaking requirements.--Section 553 of title
5, United States Code, shall not apply to a regulation
promulgated under paragraph (1) or a rulemaking to promulgate
such a regulation.
(B) Paperwork reduction act requirements.--A collection of
information conducted or sponsored under the regulations
promulgated under paragraph (1), 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).
(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. 303. GRANTS TO STATES TO STRENGTHEN NATIONAL LIFELINE
ELIGIBILITY VERIFIER.
(a) In General.--From amounts appropriated to carry out
this section, 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).
SEC. 304. 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. 401. CONTINUED CONNECTIVITY DURING EMERGENCY PERIODS
RELATING TO COVID-19.
Title VII of the Communications Act of 1934 (47 U.S.C. 601
et seq.) is amended by adding at the end the following:
``SEC. 723. CONTINUED CONNECTIVITY DURING EMERGENCY PERIODS
RELATING TO COVID-19.
``(a) In General.--During an emergency period described in
subsection (c), it shall be unlawful--
``(1) for a provider of advanced telecommunications service
or voice service to--
``(A) terminate, reduce, or change such service provided to
any individual customer or small business because of the
inability of the individual customer or small business to pay
for such service if the individual customer or small business
certifies to such provider that such inability to pay is a
result of disruptions caused by the public health emergency
to which such emergency period relates; or
``(B) impose late fees on any individual customer or small
business because of the inability of the individual customer
or small business to pay for such service if the individual
customer or small business certifies to such provider that
such inability to pay is a result of disruptions caused by
the public health emergency to which such emergency period
relates;
``(2) for a provider of advanced telecommunications service
to, during such emergency period--
``(A) employ a limit on the amount of data allotted to an
individual customer or small business during such emergency
period, except that such provider may engage in reasonable
network management; or
``(B) charge an individual customer or small business an
additional fee for exceeding the limit on the data allotted
to an individual customer or small business; or
``(3) for a provider of advanced telecommunications service
that had functioning Wi-Fi hotspots available to subscribers
in public places on the day before the beginning of such
emergency period to fail to make service provided by such Wi-
Fi hotspots available to the public at no cost during such
emergency period.
``(b) Waiver.--Upon a petition by a provider advanced
telecommunications service or voice service, the provisions
in subsection (a) may be suspended or waived by the
Commission at any time, in whole or in part, for good cause
shown.
``(c) Emergency Periods Described.--An emergency period
described in this subsection is any portion beginning on or
after the date of the enactment of this section of the
duration of a public health emergency declared pursuant to
section 319 of the Public Health Service Act (42 U.S.C. 247d)
as a result of COVID-19, including any renewal thereof.
``(d) Definitions.--In this section:
``(1) Advanced telecommunications service.--The term
`advanced telecommunications service' means a service that
provides advanced telecommunications capability (as defined
in section 706 of the Telecommunications Act of 1996 (47
U.S.C. 1302)).
``(2) Broadband internet access service.--The term
`broadband internet access service' has the meaning given
such term in section 8.1(b) of title 47, Code of Federal
Regulations (or any successor regulation).
``(3) Individual customer.--The term `individual customer'
means an individual who contracts with a mass-market retail
provider of advanced telecommunications service or voice
service to provide service to such individual.
``(4) Reasonable network management.--The term `reasonable
network management'--
``(A) means the use of a practice that--
``(i) has a primarily technical network management
justification; and
``(ii) is primarily used for and tailored to achieving a
legitimate network management purpose, taking into account
the particular network architecture and technology of the
service; and
``(B) does not include other business practices.
``(5) Small business.--The term `small business' has the
meaning given such term under section 601(3) of title 5,
United States Code.
``(6) Voice service.--The term `voice service' has the
meaning given such term under section 227(e)(8) of the
Communications Act of 1934 (47 U.S.C. 227(e)(8)).
``(7) Wi-fi.--The term `Wi-Fi' means a wireless networking
protocol based on Institute of Electrical and Electronics
Engineers standard 802.11 (or any successor standard).
``(8) Wi-fi hotspot.--The term `Wi-Fi hotspot' means a
device that is capable of--
``(A) receiving mobile broadband internet access service;
and
``(B) sharing such service with another device through the
use of Wi-Fi.''.
TITLE V--DON'T BREAK UP THE T-BAND
SEC. 501. REPEAL OF REQUIREMENT TO REALLOCATE AND AUCTION T-
BAND SPECTRUM.
(a) Repeal.--Section 6103 of the Middle Class Tax Relief
and Job Creation Act of 2012 (47 U.S.C. 1413) is repealed.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by striking the item relating to
section 6103.
TITLE VI--COVID-19 COMPASSION AND MARTHA WRIGHT PRISON PHONE JUSTICE
SEC. 601. 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
[[Page S6223]]
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. 602. 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
[[Page S6224]]
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. 603. 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,''.
DIVISION N--AGRICULTURE PROVISIONS
SEC. 100. 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 ``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 (including any renewal of that
declaration).
(3) The term ``Secretary'' means the Secretary of
Agriculture.
TITLE I--LIVESTOCK AND POULTRY
SEC. 101. 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.
[[Page S6225]]
``(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.
``(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. 102. EMERGENCY ASSISTANCE FOR MARKET-READY LIVESTOCK AND
POULTRY LOSSES.
(a) In General.--The Secretary shall make payments to
covered producers to offset the losses of income related to
the intentional depopulation of market-ready livestock and
poultry due to insufficient regional access to meat and
poultry processing 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 on
March 1, 2020, and ending on the date of the enactment of
this section. In no case shall a payment made under
subsection (b) and compensation received from any other
source 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 actual losses of
livestock owned by a packer or poultry owned by a live
poultry dealer.
(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.
182(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) Live poultry dealer.--The term ``live poultry dealer''
has the meaning given the term in section 2(a) of the Packers
and Stockyards Act, 1921 (7 U.S.C. 182(a)).
(4) Intentional depopulation.--The term ``intentional
depopulation'' means--
(A) the destruction of livestock or poultry; and
(B) the transfer of livestock or poultry to a noncommercial
interest.
(f) Funding.--Out of any amounts of the Treasury not
otherwise appropriated, there is appropriated to carry out
this section such sums as may be necessary, to remain
available until expended.
SEC. 103. 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.
SEC. 104. GRANTS FOR IMPROVEMENTS TO MEAT AND POULTRY
FACILITIES TO ALLOW FOR INTERSTATE SHIPMENT.
(a) In General.--The Secretary, acting through the
Administrator of the Agricultural Marketing Service and in
consultation with the Administrator of the Food Safety
Inspection Service, shall make grants to meat and poultry
processing facilities (including facilities operating under
State inspection or facilities that are exempt from Federal
inspection) in operation as of the date on which an
application for such a grant is made to assist such
facilities with respect to costs incurred in making
improvements to such facilities and carrying out other
planning activities necessary to be subject to inspection
under the Federal Meat Inspection Act (21 U.S.C. 601 et
seq.), or the Poultry Products Inspection Act (21 U.S.C. 451
et seq.).
(b) Grant Amount.--The amount of a grant under this section
shall not exceed $100,000.
(c) Condition.--As a condition on receipt of a grant under
this section, a grant recipient shall agree that if the
recipient is not subject to inspection or making a good faith
effort to be subject to inspection under the Federal Meat
Inspection Act (21 U.S.C. 601 et seq.) or the Poultry
Products Inspection Act (21 U.S.C. 451 et seq.) within 36
months of receiving such grant, the grant recipient shall
make a payment (or payments) to the Secretary in an amount
equal to the amount of the grant.
(d) Matching Funds.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall require a grant recipient under this section
to provide matching non-Federal funds in an amount equal to
the amount of a grant.
(2) Exception.--The Secretary shall not require any
recipient of a grant under this section to provide matching
funds with respect to a grant awarded in fiscal year 2021.
(e) Reports.--
(1) Reports on grants made.--Beginning not later than one
year after the date on which the first grant is awarded under
this section, and annually thereafter, the Secretary shall
submit to the Committee on Agriculture and the Committee on
Appropriations of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry and the
Committee on Appropriations of the Senate a report on grants
made under this section and any facilities that were upgraded
using such funds during the year covered by the report.
(2) Report on the cooperative interstate shipment
program.--Beginning not later than one year after the date of
the enactment of this section, the Secretary shall submit to
the Committee on Agriculture and the Committee on
Appropriations of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry and the
Committee on Appropriations of the Senate a report of any
recommendations, developed in consultation with all States,
for possible improvements to the cooperative interstate
shipment programs under section 501 of the Federal Meat
Inspection Act (21 U.S.C. 683) and section 31 of the Poultry
Products Inspection Act (21 U.S.C. 472).
(f) Funding.--Of the funds of the Treasury not otherwise
appropriated, there is appropriated to carry out this section
$100,000,000 for the period of fiscal years 2021 through
2023.
SEC. 105. PAYMENTS TO CONTRACT PRODUCERS.
(a) In General.--The Secretary shall make payments to
contract growers of livestock or poultry to cover revenue
losses in response to the COVID-19 pandemic.
(b) Livestock and Poultry Losses Not Covered by the First
or Second Coronavirus Food Assistance Program.--In the case
of livestock or poultry related revenue losses for which a
contract grower is ineligible to receive direct payments
under the first coronavirus food assistance program or the
second coronavirus food assistance program, the Secretary
shall base payments required under subsection (a), per
commodity, by comparing--
(1) the revenue losses for the period beginning on January
15, 2020, and ending on December 31, 2020; and
(2) historical revenue.
(c) 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 activities related to farming, ranching, or
forestry.
(d) Payments.--The Secretary shall begin making payments
under subsection (a) not later than 60 days after the date of
the enactment of this section.
(e) Funding.--There is appropriated, out of any funds in
the Treasury not otherwise appropriated, to carry out this
section $1,250,000,000, to remain available until expended.
(f) Definitions.--In this section:
(1) CFAP definitions.--
(A) First coronavirus food assistance program.--The term
``first coronavirus food assistance program'' means the first
coronavirus food assistance program (CFAP1) of the Department
of Agriculture under sections 9.101 and 9.102 of title 7,
Code of Federal Regulations.
(B) Second coronavirus food assistance program.--The term
``second coronavirus food assistance program'' means the
second coronavirus food assistance program (CFAP2) of the
Department of Agriculture under sections 9.201 and 9.202 of
title 7, Code of Federal Regulations.
(2) Contract grower.--The term ``contract grower'' means a
grower of livestock or poultry, including poultry used for
egg production, and does not include a packer, live poultry
dealer, processor, integrator, or any other business entity
relating to livestock or poultry production that does not
raise livestock or poultry.
(3) Live poultry dealer.--The term ``live poultry dealer''
has the meaning given the term in section 2(a) of the Packers
and Stockyards Act, 1921 (7 U.S.C. 182(a)).
(4) 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).
(5) Revenue.--The term ``revenue'' means income derived
only from contract livestock or poultry production.
SEC. 106. REPORTS AND OUTREACH RELATED TO MEAT AND POULTRY
PROCESSING.
(a) Study and Report on Processing Capacity Required.--
[[Page S6226]]
(1) Study required.--The Secretary shall conduct a study on
covered processing facilities, which shall assess with
respect to such facilities in each State and region--
(A) the available monthly and annual slaughter capacity of
such facilities, disaggregated by type of facility and
whether that capacity is sufficient to meet the national,
State, and regional need, including on a local basis;
(B) the available cold storage capacity of such facilities,
disaggregated by type of facility;
(C) the number and age of established processing
facilities, disaggregated by type of facility;
(D) the ownership demographics of covered processing
facilities, including--
(i) whether such facilities are foreign or domestically-
owned; and
(ii) the business structure of such processing facilities;
(E) the available slaughter capacity for livestock and
poultry not grown under contract, disaggregated by type of
facility and species so slaughtered;
(F) with respect to each species slaughtered at covered
processing facilities, the estimated distance between
livestock and poultry production and processing and the
transportation costs associated with such processing;
(G) any opportunities to support new or innovative
processing partnerships that would increase resiliency and
flexibility of slaughter and processing capacity; and
(H) the barriers to increasing the availability of
slaughter and processing of meat and poultry, including with
respect to--
(i) expanding existing facilities;
(ii) creating additional facilities; and
(iii) reactivating closed facilities.
(2) Covered processing facility defined.--In this section,
the term ``covered processing facility'' means a facility
that slaughters or otherwise processes meat or poultry in the
United States, including the following types of facilities:
(A) Facilities subject to Federal inspection under the
Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the
Poultry Products Inspection Act (21 U.S.C. 451 et seq.), as
applicable.
(B) Facilities subject to State inspection under a meat and
poultry inspection program agreement.
(C) Custom facilities exempt from inspection under the Acts
referred to in subparagraph (A).
(3) Report to congress.--Not later than 1 year after the
date of the enactment of this section, 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 that includes the results
of the study conducted under paragraph (1).
(b) Study and Report on Financial Assistance
Availability.--
(1) Study required.--The Secretary shall conduct a study on
the availability and effectiveness of--
(A) Federal loan programs, Federal loan guarantee programs,
and grant programs for which--
(i) facilities that slaughter or otherwise process meat and
poultry in the United States, which are in operation and
subject to inspection under the Federal Meat Inspection Act
(21 U.S.C. 601 et seq.) or the Poultry Products Inspection
Act (21 U.S.C. 451 et seq.), as of the date of the enactment
of this section, and
(ii) entities seeking to establish such a facility in the
United States,
may be eligible; and
(B) Federal grant programs intended to support--
(i) business activities relating to increasing the
slaughter or processing capacity in the United States; and
(ii) feasibility or marketing studies on the practicality
and viability of specific new or expanded projects to support
additional slaughter or processing capacity in the United
States.
(2) Report to congress.--Not later than 60 days after the
date of the enactment of this section, the Secretary, in
consultation with applicable Federal agencies, shall submit a
report to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate that includes the results of the
study required under paragraph (1).
(3) Publication.--Not later than 90 days after the date of
the enactment of this section, the Secretary shall make
publicly available on the website of the Food Safety and
Inspection Service of the Department of Agriculture a list of
each loan program, loan guarantee program, and grant program
identified under paragraph (1).
(c) Outreach Activities.--
(1) In general.--To the maximum extent practicable, the
Secretary shall conduct outreach and education activities to
inform the current or prospective owners and operators of
facilities or other entities described in subsection
(b)(1)(A), producer groups, and institutions of higher
education, of the availability of each loan program, loan
guarantee program, and grant program identified under
paragraph (1).
(2) Feasibility or marketing studies.--In carrying out
paragraph (1), the Secretary may enter into cooperative
agreements with eligible entities to conduct feasibility or
marketing studies to determine the practicality and viability
of specific projects to support additional slaughter or
processing capacity in the United States.
(3) Maximum amount.--The amount of assistance provided
through a cooperative agreement under paragraph (2) with
respect to a particular project may not exceed $75,000.
(4) Reporting.--The Secretary shall publish (and update as
necessary) on the public website of the Department of
Agriculture, an accounting of outreach activities conducted
pursuant to this subsection, including a description of each
such activity and the amount of Federal funds expended to
conduct each such activity.
(d) Funding.--To carry out this section, there is
appropriated, out of the funds of the Treasury not otherwise
appropriated--
(1) $2,000,000 to carry out subsection (a);
(2) $2,000,000 to carry out subsection (b); and
(3) $16,000,000 to carry out subsection (c).
TITLE II--DAIRY
SEC. 201. 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 dairy products.--The term ``eligible dairy
products'' means products primarily made from milk.
(3) Eligible distributor.--The term ``eligible
distributor'' means a public or private nonprofit
organization that distributes donated eligible dairy products
to recipient individuals and families.
(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 date of 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 raw milk
cost for the product as priced in the Federal milk marketing
orders multiplied by the volume of milk required to make the
donated product.
(2) 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 under subparagraph (A).
(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 Administrator of the Agricultural
Marketing Service, shall publish on the publicly accessible
website of the Agricultural Marketing Service 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) raw milk cost for the product as priced in the Federal
milk marketing orders, less any reimbursement provided under
section 1431 of the Agricultural Act of 2014, multiplied by
(B) the volume of eligible dairy products under such
approved donation plan.
(i) Funding.--Out of any amounts of the Treasury not
otherwise appropriated, there is appropriated to carry out
this section $500,000,000, to remain available until
expended.
[[Page S6227]]
(j) Authority to Carry Out Section.--The Secretary may only
carry out this section during a period in which--
(1) a public health emergency is--
(A) declared under section 319 of the Public Health
Services Act (42 U.S.C. 247d); or
(B) renewed under such section; or
(2) a disaster is designated by the Secretary.
SEC. 202. 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 section 1406 of such Act (7 U.S.C.
9056).
(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 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 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.--There is appropriated, out of any funds in
the Treasury not otherwise appropriated, to carry out this
section such sums as necessary, to remain available until the
date specified in subsection (i).
SEC. 203. 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 in accordance 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.--Out of any amounts in the Treasury not
otherwise appropriated, there is appropriated to carry out
this section $500,000,000.
(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 processor, packager, or merchandiser of
eligible dairy products that is impacted by COVID-19.
SEC. 204. DAIRY MARGIN COVERAGE PREMIUM DISCOUNT FOR A 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 202(e) for a dairy operation (as
defined in section 1401 of the Agricultural Act of 2014 (7
U.S.C. 9051)) that makes a 1-time, 3-year election to enroll
in dairy margin coverage under part I of subtitle D of such
Act for calendar years 2021 through 2024.
TITLE III--SPECIALTY CROPS AND OTHER COMMODITIES
SEC. 301. 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 support.--
``(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 $500,000,000, to remain
available until expended.''.
SEC. 302. SUPPORT FOR LOCAL AGRICULTURAL MARKETS.
Section 210A(i) of the Agricultural Marketing Act of 1946
(7 U.S.C. 1627c(i)) is amended by adding at the end the
following:
``(4) Grants for covid-19 assistance.--
``(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 paragraphs
(5)(B) and (6)(B) of subsection (d) 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 non-Federal matching funds.
``(C) Funding.--There is appropriated, out of any funds in
the Treasury not otherwise appropriated, to carry out this
paragraph, $350,000,000, to remain available until
expended.''.
SEC. 303. 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) or entities eligible
for grants under subsection (d) to provide training,
outreach, and technical assistance on operations, financing,
and marketing, including identifying Federal, State, or local
assistance available, to beginning farmers and ranchers,
socially disadvantaged farmers and ranchers, and veteran
farmers and ranchers in response to the COVID-19 pandemic.
``(2) Matching funds applicability.--The Secretary may not
require a recipient of a grant under this subsection to
provide any non-Federal 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. 304. 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--
[[Page S6228]]
(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) of subsection (c)
within the time period specified by the Secretary, in an
amount not to exceed $1,500,000 for each State; and
(2) of the amounts made available under subsection (f) and
remaining after awards to States under paragraph (1),
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 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 made 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 COVID-19
public health emergency ends, 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 the funds of the Treasury not
otherwise appropriated, there is appropriated to carry out
this section $84,000,000, 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. 305. 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
advanced biofuel, biomass-based diesel, cellulosic biofuel,
conventional biofuel, or renewable fuel, as such terms are
defined in section 211(o)(1) of the Clean Air Act (42 U.S.C.
7545(o)(1)), that is produced in the United States.
(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 appropriated, out of any funds in
the Treasury not otherwise appropriated, to carry out this
subsection such sums as necessary, to remain available until
expended.
(6) Administration.--
(A) In general.--The Secretary may use the 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) Funding.--There is appropriated, out of any funds in
the Treasury not otherwise appropriated, to carry out this
subsection, such sums as necessary, to remain available until
expended.
TITLE IV--COMMODITY CREDIT CORPORATION
SEC. 401. EMERGENCY ASSISTANCE.
Section 5 of the Commodity Credit Corporation Charter Act
(15 U.S.C. 714c) is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) 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.''.
SEC. 402. CONGRESSIONAL NOTIFICATION AND REPORT.
(a) 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.
``(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 in
advance of any obligation or expenditure authorized under
this Act.
``(b) Written Notice.--A written notice required under
subsection (a) shall specify the commodities that will be
affected, the maximum financial benefit per commodity, the
expected legal entities or individuals that would receive
financial benefits, the intended policy goals, and the
projected impacts to commodity markets.
``(c) Exception to the Written Notice Requirement.--
Subsection (a) shall not apply if, prior to obligating or
spending any funding described in such subsection, the
Secretary obtains approval in writing from each 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.
``(d) Exclusion for Preexisting Authorizations.--This
section shall not apply to obligations and expenditures
authorized under the Agriculture Improvement Act of 2018
(Public Law 115-334).''.
[[Page S6229]]
(b) Clarification.--Section 3003 of the Federal Reports
Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note)
shall not apply to the second sentence of section 13 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714k).
TITLE V--CONSERVATION
SEC. 501. 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. 601. DEFINITION OF SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAM.
In this title, 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. 602. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.
(a) Value of Benefits.--Notwithstanding any other provision
of law, beginning on November 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 2020 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
through September 30, 2021.
(c) Requirements for the Secretary.--In carrying out this
section, the Secretary shall--
(1) consider the benefit increases described in 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) 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
$200,000,000 for fiscal year 2021 and $100,000,000 for fiscal
year 2022.
(2) Timing for fiscal year 2021.--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 2021
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)).
(e) Provisions for Impacted Workers.--Notwithstanding any
other provision of law, the requirements of 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 November 1, 2020, and ending 1 year after
the date of enactment of this Act.
(f) Certain Exclusions From Snap Income.--A Federal
pandemic unemployment compensation payment made to an
individual under section 2104 of the Coronavirus Aid, Relief,
and Economic Security 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 of 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.).
(g) 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) of the Food and Nutrition Act of 2008 (7
U.S.C. 2016(k)).
[[Page S6230]]
(2) Any State agency request to waive, adjust, or modify
statutory or regulatory requirements of 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).
(h) Provisions for Impacted Students.--
(1) In general.--Notwithstanding any other provision of
law, not later than 20 days after the date of the enactment
of this Act, eligibility for supplemental nutrition
assistance program benefits shall not be limited under
section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(e)) for an individual who--
(A) is enrolled at least half-time in an institution of
higher education; and
(B) is eligible to participate in a State or federally
financed work study program during the regular school year as
determined by the institution of higher education.
(2) Sunset.--
(A) Initial applications.--The eligibility standards
authorized under paragraph (1) shall be in effect for initial
applications for the supplemental nutrition assistance
program until 90 days after the COVID-19 public health
emergency is lifted.
(B) Recertifications.--The eligibility standards authorized
under paragraph (1) shall be in effect until the first
recertification of a household beginning no earlier than 90
days after the COVID-19 public health emergency is lifted.
(3) Guidance.--
(A) In general.--Not later than 10 days after the date of
enactment of this Act, the Secretary shall issue guidance to
State agencies on the temporary student eligibility
requirements established under this subsection.
(B) Coordination with the department of education.--The
Secretary of Education, in consultation with the Secretary of
Agriculture and 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.) and students at institutions of higher
education of the temporary student eligibility requirements
established under this subsection.
(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. 603. 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 shall be 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. 604. SNAP NUTRITION EDUCATION FLEXIBILITY.
(a) In General.--Notwithstanding any other provision of
law, the Secretary may issue nationwide guidance to allow
funds 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 provided in this section shall
expire 30 days after the COVID-19 public health emergency is
terminated.
SEC. 605. FLEXIBILITIES FOR SENIOR FARMERS' MARKET NUTRITION
PROGRAM.
(a) Authority to Modify or Waive Rules.--Notwithstanding
any other provision of law and if requested by a State
agency, the Secretary 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 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. 606. 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.
TITLE VII--RURAL DEVELOPMENT
SEC. 701. ASSISTANCE FOR RURAL UTILITIES SERVICE BORROWERS.
(a) Definitions.--In this section:
(1) Eligible loan.--The term ``eligible loan'' means a loan
made by the Secretary under section 4 or 201 of the Rural
Electrification Act of 1936 (7 U.S.C. 904 or 922), or made by
the Federal Financing Bank and guaranteed by the Secretary
under section 306 of such Act (7 U.S.C. 936).
(2) Eligible entity.--The term ``eligible entity'' means a
borrower to whom an eligible loan is made.
(3) Ratepayer.--The term ``ratepayer'' means an individual
who receives utility services from an entity to whom the
Rural Utilities Service has made a loan.
(b) In General.--
(1) Establishment.--The Secretary shall make grants on a
competitive basis to eligible entities to mitigate the
effects of the COVID-19 pandemic and support their continued
or expanded delivery of critical services (as defined by the
Secretary), including covering the cost of forgiving or
refinancing ratepayer debt outstanding as of such date of
enactment.
(2) Timeline.--
(A) Notice of funding availability.--Within 60 days after
the date of the enactment of this Act, the Secretary shall
publish a Notice of Funding Availability to solicit
applications for a grant under this section.
(B) Grant awards.--The Secretary shall announce the grants
awarded under this section no later than 60 days after the
publication of the Notice of Funding Availability pursuant to
subparagraph (A).
(3) Maximum grant amount.--The amount of the grant awarded
to an eligible entity under this section shall not exceed
$1,000,000.
(c) Application.--To be eligible to receive a grant under
this section, an eligible entity shall submit to the
Secretary an application containing such information as the
Secretary may require.
(d) Selection Criteria.--In awarding grants under this
section, the Secretary shall consider--
(1) the degree to which applicants who are eligible
entities are experiencing economic hardship due to reduced or
delayed payments from ratepayers;
(2) whether applicants who are eligible entities are using
eligible loans to provide services primarily to socially
disadvantaged groups, as defined in section 355(e) of the
Consolidated Farm and Rural Development Act; and
(3) the degree to which applicants who are eligible
entities are using eligible loans in providing services in
persistent poverty counties, as defined by the Secretary.
(e) Report to the Congress.--Not later than 1 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 detailing, for each
eligible entity awarded a grant under this section, the name
of the eligible entity and the geographic areas benefitting
from the grant.
(f) Authorization of Appropriations.--To carry out this
section, there is authorized to be appropriated not more than
$2,600,000,000 for fiscal year 2021, to remain available
through fiscal year 2022.
[[Page S6231]]
DIVISION O--COVID-19 HERO ACT
SEC. 1. SHORT TITLE.
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. 101. 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 identification of the target rate of
diagnostic testing for each State and 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 including supplies needed for worst case scenarios for
surges of COVID-19 infections and hospitalizations;
(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);
(III) students, teachers, and administrators at primary and
secondary schools; and
(IV) 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
[[Page S6232]]
(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
described under subparagraph (C), whether to replenish the
Strategic National Stockpile or otherwise, will not be
filled;
(v) of products procured under such contract, 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) a description of the range of prices for goods
described in subsection (a), or other medical supplies and
equipment that are subject to shortages, purchased by the
United States Government, transported by the Government, or
otherwise known to the Government, which shall also identify
all such prices that exceed the prevailing market prices of
such goods prior to March 1, 2020, and any actions taken by
the Government under section 102 of the Defense Production
Act of 1950 or similar provisions of law to prevent hoarding
of such materials and charging of such increased prices
between March 1, 2020, and the date of the submission of the
first report required by this paragraph, and, for all
subsequent reports, within each reporting period;
(vii) 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;
(viii) production and procurement benchmarks, where
practicable; and
(ix) 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);
(ii) an assessment of needs related to COVID-19 vaccines;
(iii) an assessment of the manner in which the Defense
Production Act of 1950 could be exercised to increase
services related to health surveillance to ensure that the
appropriate level of contact tracing related to detected
infections is available throughout the United States to
prevent future outbreaks of COVID-19 infections; and
(iv) an assessment of any additional services needed to
address the COVID-19 pandemic.
(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);
(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) Exercise of loan authorities.--
(A) In general.--Any loan made pursuant to section 302 or
303 of the Defense Production Act of 1950, carried out by the
International Development Finance Corporation pursuant to the
authorities delegated by Executive Order 13922, shall be
subject to the notification requirements contained in section
1446 of the BUILD Act of 2018 (22 U.S.C. 9656).
(B) Appropriate congressional committees.--For purposes of
the notifications required by subparagraph (A), the term
``appropriate congressional committees'', as used section
1446 of the BUILD Act of 2018, shall be deemed to include the
Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing and
Urban Development of the Senate.
(6) 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
[[Page S6233]]
(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;
(C) representatives of primary and secondary school
systems; and
(D) representatives of labor organizations representing
workers, including unions that represent health workers,
manufacturers, teachers, other 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. 201. EMERGENCY RENTAL ASSISTANCE AND RENTAL MARKET
STABILIZATION.
(a) Definitions.--In this section:
[[Page S6234]]
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given the such term in section 4 of the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4103).
(2) Public housing agency.--The term ``public housing
agency'' has the meaning given such term in section 3(b) of
the United States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(3) Secretary .--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(4) Tribally designated housing entity.--The term
``tribally designated housing entity'' has the meaning given
such term in section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4103).
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary $50,000,000,000 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 subsection (e) 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.
(c) 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
(b), the term ``at risk of homelessness'' means, with respect
to an individual or family, that the individual or family--
(1) except as provided in subsection (d)(1)(C), 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.
(d) Income Targeting and Calculation.--For purposes of
assistance made available with amounts made available
pursuant to subsection (b)--
(1) each recipient of such amounts shall use--
(A) not less than 40 percent 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 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 to 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,
except that the recipient may establish a higher percentage
limit for purposes of subsection (c)(1), which shall not in
any case exceed 120 percent of the area median income,
provided that the recipient--
(i) proposes to permit such assistance to individuals and
households in its plan to carry out activities under this
section; and
(ii) solicits public comment on the proposal; 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 the assistance, including arrearages, shall
consider only income that the household is receiving at the
time of the application, and any income recently terminated
shall not be included;
(B) any subsequent calculation of income performed with
respect to households receiving ongoing assistance shall
consider only the income that the household is receiving at
the time of the 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
the arrearages were incurred.
(e) 3-year Availability.--
(1) In general.--Each recipient of amounts made available
pursuant to subsection (b) shall--
(A) expend not less than 60 percent of the grant amounts
within 2 years of the date on which the funds became
available to the recipient for obligation; and
(B) expend 100 percent of the grant amounts within 3 years
of the date on which the funds became available to the
recipient for obligation.
(2) Reallocation after 2 years.--
(A) In general.--The Secretary may recapture any amounts
not expended in compliance with paragraph (1)(A) and
reallocate those amounts to recipients in compliance with the
formula described in subsection (i) and this paragraph.
(B) States, metropolitan cities, and urban counties.--Funds
recaptured under subparagraph (A) with respect to a recipient
described in subsection (i)(1)(B) shall be reallocated to
other participating recipients of funds described in
subsection (i)(1)(B).
(C) Indian tribes, tribally designated housing entities,
and department of hawaiian home lands.--Funds recaptured
under subparagraph (A) with respect to a recipient described
in subsection (i)(1)(A)(i)(I) shall be reallocated to other
participating recipients of funds described in subsection
(i)(1)(A)(i)(I).
(D) Insular areas.--Funds recaptured under subparagraph (A)
with respect to a recipient described in subsection
(i)(1)(A)(i)(II) shall be reallocated to other participating
recipients of funds described in subsection (i)(1)(A)(i)(II).
(f) Rent Restrictions.--
(1) Inapplicability.--Section 576.106(d) of title 24, Code
of Federal Regulations, or any successor regulation, shall
not apply with respect to homelessness prevention assistance
made available with amounts made available pursuant to
subsection (b).
(2) Amount of rental assistance.--In providing homelessness
prevention assistance with amounts made available pursuant to
subsection (b), 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
(iii) such higher amount as the Secretary shall determine
is needed to cover market rents in the area.
(g) Subleases.--A recipient of amounts made available
pursuant to subsection (b) shall not be prohibited from
providing assistance authorized under subsection (b) with
respect to subleases that are valid under State law.
(h) Utility Payment and Rental Arrearages.--In providing
assistance with amounts made available pursuant to subsection
(b) of this section--
(1) sections 576.105(a)(5) and 576.106(a)(3) of title 24,
Code of Federal Regulations, shall each be applied by
substituting ``12 months'' for ``6 months''; and
(2) notwithstanding section 576.106(g) of title 24, Code of
Federal Regulations, where such assistance is solely with
respect to rental arrears, the recipient shall not be
required to provide a written lease or evidence of an oral
agreement.
(i) Allocation of Assistance.--
(1) In general.--In allocating amounts made available
pursuant to subsection (b), 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 under the formula
established under section 302 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4152), except that 0.3 percent of the amount allocated under
this subclause 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; and
(ii) not later than 30 days after the date of enactment of
this Act, obligate and disburse the amounts allocated under
clause (i) in accordance with those allocations and provide
the recipients 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)--
(I) 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 each State, metropolitan city, and urban
county that is to receive a direct grant of such amounts;
(II) allocate 50 percent of any such remaining amounts
through the formula used by the Secretary to distribute the
second allocation of grants in accordance with the formula
described in the matter under the heading ``Department of
Housing and Urban Development--Community Planning and
Development--Homeless Assistance Grants'' in title XII of
division B of the CARES Act (Public Law 116-136) for each
State, metropolitan city, and urban county that is to receive
a direct grant of such amounts; and
(III) notify each direct grantee of the total amount to be
allocated under this clause; and
(ii) not later than 30 days after the date of enactment of
this Act, obligate and disburse the amounts allocated under
clause (i) in accordance with those allocations and provide
the recipient with any necessary guidance for use of the
funds.
(2) Allocations to states.--
(A) In general.--Notwithstanding section 414(a) 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, or any successor regulation, 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.--
(A) Metropolitan cities and urban counties.--If a recipient
under paragraph (1)(B) other than a State elects not to
receive
[[Page S6235]]
funds under this section, such funds shall be allocated to
the State recipient in which the recipient is located.
(B) Indian tribes, tribally designated housing entities,
and department of hawaiian homelands.--If a recipient under
paragraph (1)(A)(i)(I) elects not to receive funds under this
section, such funds shall be allocated to other participating
recipients of funds under paragraph (1)(A)(i)(I).
(C) Insular areas.--If a recipient under paragraph
(1)(A)(i)(II) elects not to receive funds under this section,
such funds shall be allocated to other participating
recipients of funds under paragraph (1)(A)(i)(II).
(D) 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, that is capable of carrying out
activities under this section.
(j) Inapplicability of Matching Requirement.--Section
416(a) of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11375(a)) shall not apply to any amounts made
available pursuant to subsection (b) of this section.
(k) Reimbursement of Eligible Activities.--Amounts made
available pursuant to subsection (b) may be used by a
recipient to reimburse expenditures incurred for eligible
activities under this section carried out after the date of
enactment of this Act.
(l) Prohibition on Prerequisites.--None of the funds made
available under this section may be used to require any
individual or household receiving assistance under this
section to receive treatment or perform any other
prerequisite activities as a condition for receiving such
assistance.
(m) Waivers and Alternative Requirements.--
(1) In general.--
(A) Authority.--In administering the amounts made available
pursuant to subsection (b), 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.
(D) Inspections of current housing units.--A recipient of
funds made available pursuant to subsection (b) may elect not
to conduct inspections for minimum habitability standards
described in section 576.403 of title 24, Code of Federal
Regulations, or any successor regulation, for any assistance
under this section that is provided on behalf of an
individual or household who will continue to reside in the
same housing unit in which they resided immediately before
receiving the assistance.
(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)(i), 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.
(n) 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--
(1) the applicable Continuum or Continuums of Care for the
area served by the recipient;
(2) organizations representing underserved communities and
populations; and
(3) organizations with expertise in affordable housing,
fair housing, and services for people with disabilities.
(o) Administration.--
(1) By secretary.--Of any amounts made available pursuant
to subsection (b)--
(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 of the Department of Housing
and Urban Development 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, or any successor
regulation, with respect to amounts made available pursuant
to subsection (b), a recipient may use up to 10 percent of
funds received for payment of administrative costs related to
the planning and execution of eligible activities carried out
under this section.
SEC. 202. 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 $80,000,000.
(4) Set-aside for insular areas.--Notwithstanding any other
provision of this section, of the amounts appropriated under
subsection (g), the Secretary shall reserve $65,000,000 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
[[Page S6236]]
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 for which
such language assistance is available to the State housing
finance agency or entity 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) Authorization of Appropriations.--There is authorized
to be appropriated to the Homeowner Assistance Fund
established under subsection (b), $21,000,000,000, to remain
available until expended.
(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. 203. 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
[[Page S6237]]
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--
``(1) 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; or
``(2) charge fees, penalties, or other charges to the
tenant related to such nonpayment of rent.
``(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 that 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'--
``(A) 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; and
``(B) does 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 of
covered mortgage loans that are not federally-insured reverse
mortgage loans.--
``(A) In general.--Notwithstanding any other law governing
forbearance relief, with respect to any covered mortgage loan
that is not a federally-insured reverse mortgage loan--
``(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 request of the borrower, oral or
written, submitted to the servicer of the borrower 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 further extended by the servicer,
for the period or periods requested, for a total forbearance
period of up to 12 months (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.--
``(i) In general.--With respect to a forbearance provided
under this paragraph, the borrower of the covered mortgage
loan may elect to continue making regular payments on the
covered mortgage loan.
``(ii) Loss mitigation.--A borrower who makes an election
described in clause (i) 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.--
``(i) In general.--At the request of a borrower, any period
of forbearance provided to the borrower under this paragraph
may be shortened.
``(ii) Loss mitigation.--A borrower who makes a request
under clause (i) 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 extension of due and payable status for
certain reverse mortgage loans.--
``(A) In general.--When any covered mortgage loan that is
also a federally-insured reverse mortgage loan, during the
covered period, is due and payable due to the death of the
last surviving borrower but the property to which the covered
mortgage loan relates is not vacant or abandoned, or the
covered mortgage loan is 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 180-day extension of--
``(i) the mortgagee's deadline to request due and payable
status from the Department of Housing and Urban Development,
where applicable;
``(ii) the mortgagee'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) any deadline relevant to establishing that a non-
borrowing spouse may be eligible for a deferral period;
``(vi) if applicable, the deadline to obtain the due and
payable appraisal; and
``(vii) any claim submission deadline, including the 6-
month acquired property marketing period.
``(B) Length of extension of due and payable status.--The
mortgagee shall not request due and payable status from the
Secretary of Housing and Urban Development nor initiate or
continue a foreclosure action during this 180-day period
described in 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 the period or periods
requested, for a total forbearance period of up to 12 months
upon--
``(i) the request of the borrower, oral or written,
submitted to the servicer of the borrower 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) the request of a non-borrowing spouse, 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) the request of a successor-in-interest of the
borrower, oral or written, submitted to the servicer
affirming the difficulty of the heir in satisfying the
reverse mortgage loan due, directly or indirectly, to the
COVID-19 emergency.
``(D) Curtailment of debenture interest.--Where any covered
mortgage loan that 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--
[[Page S6238]]
(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 the 6-month period beginning on 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 the
property for the 6-month period beginning on the 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 covered mortgage loan, regardless of delinquency
status, by--
``(A) submitting a request, orally or in writing, to the
servicer of the covered mortgage 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), the 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 not more than 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.--
``(i) In general.--At the request of a borrower, any period
of forbearance described under this paragraph may be
shortened.
``(ii) Loss mitigation.--A borrower who makes a request
under clause (i) 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
principal and interest payment of the borrower 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, or,
in the case of loans insured by the Federal Housing
Administration, except in a modification compliant with
applicable Federal Housing Administration policies.
``(4) Communication with servicers.--Any communication
between a borrower and a servicer described in this section
may be made in writing or orally, at the election of the
borrower.
``(5) Communication with borrowers with a disability.--
``(A) In general.--Upon request from a borrower, servicers
shall communicate with borrowers who have a disability in the
preferred method of communication of the borrower.
``(B) Definition.--In this paragraph, the term `disability'
has the meaning given the term `handicap' in section 802 of
the Fair Housing Act (42 U.S.C. 3602).''; 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
oral or written affirmation of the borrower 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 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 request by the borrower 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 not more than 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 specific covered mortgage loan of the
borrower;
``(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
beginning on the date that is 90 days after the date of the
enactment of this paragraph and ending on the last day 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 web page accurate information, in English and Spanish,
for borrowers regarding the availability of forbearance as
provided under subsection (b);
``(B) notify every borrower whose payments on a covered
mortgage loan are or become 31 days 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); and
``(C) provide in writing, in both English and Spanish, to
any borrower whose payments on the covered mortgage loan are
or become 31 days delinquent, a notification that--
``(i) the borrower may be eligible for forbearance under
this section;
``(ii) the borrower can seek language assistance and
general help through a housing counseling agency certified by
the Department of Housing and Urban Development;
``(iii) provides information on how to find a counseling
agency described in clause (ii); and
``(iv) shall be provided not later than the 45th day of the
delinquency of the borrower.
``(8) Certain treatment under respa.--During any period of
time that a borrower is in forbearance, has not yet received
an offer under subsection (d)(2) or a notice of the
determination of the servicer under subsection (d)(3), as
applicable, or whose first payment due under an offer under
subsection (d)(2) is not yet past due--
``(A) for purposes of section 1024.41 of title 12, Code of
Federal Regulations (or any successor regulation), any
delinquency on the mortgage loan shall be tolled; and
``(B) the servicer shall 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, including charging, assessing, or incurring any
foreclosure related fees, such as attorney fees, property
inspection fees, or title fees.''.
(6) Post-forbearance loss mitigation.--
(A) Amendment to the 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
[[Page S6239]]
this section has been granted and not otherwise extended,
including by automatic extension, a servicer shall, not 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 on a covered mortgage loan other than a federally
insured reverse mortgage loan.--
``(A) In general.--For any covered mortgage loan that is
not a federally insured reverse mortgage loan, not later than
30 days before the end of any forbearance period that has not
been extended or 30 days after a request by a borrower 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--
``(i) offer the borrower a loss mitigation option, without
the charging of any fees or penalties other than interest,
such that the principal and interest payment of the borrower
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--
``(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;
``(ii) concurrent with the loss mitigation offer in clause
(i), 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 clause (i).
``(B) Exception.--Notwithstanding subparagraph (A)(i), a
servicer may offer a borrower of a covered mortgage loan
described in subparagraph (A) a loss mitigation option that
reduces the principal and interest payment on the covered
mortgage 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.
``(3) Evaluation for loss mitigation prior to foreclosure
initiation for any covered mortgage loan that is not a
federally insured reverse mortgage loan.--Before a servicer
may initiate or engage in any foreclosure activity listed in
subsection (c)(2) for any covered mortgage loan that is not a
federally insured reverse mortgage loan, 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; and
``(ii) exercise reasonable diligence to obtain the
documents and information needed to complete the loss
mitigation application of the borrower; and
``(B) upon receipt of a complete application or if, despite
the exercise by the servicer of reasonable diligence, the
loss mitigation application remains incomplete 60 days after
the notice in paragraph (2)(A) is sent--
``(i) 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
``(ii) 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
for borrowers with covered mortgage loans that are not
federally insured reverse mortgage loans.--An application,
offer, or evaluation for loss mitigation under this section
for a covered mortgage loan that is not a federally insured
reverse mortgage loan shall not be the basis for the denial
of an application of a borrower as duplicative or for a
reduction in the appeal rights of the borrower under
Regulation X in part 1024 of title 12, Code of Federal
Regulations, in regard to any loss mitigation application
submitted after the servicer has complied with the
requirements of paragraphs (2) and (3),
``(5) Safe harbor.--For any covered mortgage loan that is
not a federally insured reverse mortgage loan, any loss
mitigation option authorized by the Federal National Mortgage
Association, the Federal Home Loan Corporation, or the
Federal Housing Administration shall be deemed to comply with
the requirements of paragraph (2)(A) if the loss mitigation
option--
``(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.
``(6) Home retention options for certain reverse mortgage
loans.--
``(A) In general.--For a covered mortgage loan that is also
a federally insured reverse mortgage loan, the conduct of a
servicer 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 the allowable home retention options of the Secretary
to permit a repayment plan of not more than 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.--
(i) In general.--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:
``(a) Moratorium.--(1) In determining the eligibility of a
borrower for relief, the Secretary shall make all eligibility
decisions based on the household income, expenses, and
circumstances of the borrower.
``(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 this Act, the Secretary shall reset the
principal and interest payments of the borrower--
``(A) based on a reasonable assessment of the ability of
the household of the borrower to make principal and interest
payments; and
``(B) in accordance with paragraphs (1) and (2) of
subsection (a) and paragraphs (1) and (3) of this subsection.
``(3) The amount of the principal and interest payment that
is reset under paragraph (2) may not exceed the amount of the
principal and interest payment of the borrower before the
moratorium.''.
(ii) Rules.--
(I) Interim final rule.--Not later than 60 days after the
date of enactment of this Act, the Secretary of Agriculture
shall promulgate an interim final rule to carry out the
amendments made by this subparagraph.
(II) Final rule.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall
promulgate a final rule to carry out the amendments made by
this subparagraph.
(7) Multifamily mortgage forbearance.--Section 4023 of the
CARES Act (15 U.S.C. 9057) is amended--
(A) in the section heading, by striking ``with federally
backed loans'';
(B) by striking ``Federally backed multifamily mortgage
loan'' each place that term appears and inserting
``multifamily mortgage loan'';
(C) in subsection (b), by striking ``during'' and inserting
``due, directly or indirectly, to'';
(D) in subsection (c)(1)--
(i) in subparagraph (A), by adding ``and'' at the end; and
(ii) by striking subparagraphs (B) and (C) and inserting
the following:
``(B) provide the forbearance for up to the end of the
period described in section 4024(b).'';
(E) by redesignating subsection (f) as subsection (g);
(F) 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 not less than a 12-
month period beginning at the end of the forbearance to
become current on the payments under such loan;
[[Page S6240]]
``(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 the payments are made
before the end of the repayment period under paragraph (1);
and
``(3) may not report any adverse information to a credit
rating agency (as defined in section 603 of the Fair Credit
Reporting Act (12 U.S.C. 1681a)) with respect to any payments
on the loan that were due during the forbearance period, if
the payments are made before the end of the repayment period
under paragraph (1)).''; and
(G) in subsection (g), as so redesignated--
(i) in paragraph (2)--
(I) in the paragraph heading, by striking ``FEDERALLY
BACKED MULTIFAMILY'' and inserting ``MULTIFAMILY'';
(II) by striking ``that--'' and all that follows through
``(A) is secured by'' and inserting ``that is secured by'';
(III) by striking ``; and'' and inserting a period; and
(IV) by striking subparagraph (B); and
(ii) by amending paragraph (5) to read as follows:
``(5) Covered period.--The term `covered period' has the
meaning given the term in 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, 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--
(I) shall be deemed not to have violated any duty or
contractual obligation owed to investors or other parties
regarding those 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 (15 U.S.C. 9056,
9057) to borrowers, respectively, on covered mortgage loans
or multifamily mortgage loans that the servicer services; and
(II) 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 mortgage loans 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 (15 U.S.C. 9056, 9057),
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 the cooperation
of the servicer 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 in the case of a reverse mortgage, an
extension of the due and payable period) or loss mitigation
options in accordance with the terms of sections 4022 and
4023 of the CARES Act (15 U.S.C. 9056, 9057) to borrowers,
respectively, on all covered mortgage loans or multifamily
mortgage loans serviced by the servicer.
(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 the term in section 4022(a) of
the CARES Act (15 U.S.C. 9056(a)).
(ii) Covered period.--The term ``covered period'' has the
meaning given the term in section 4023(g) of the CARES Act
(15 U.S.C. 9057(g)).
(iii) Multifamily mortgage loan.--The term ``multifamily
mortgage loan'' has the meaning given the term in section
4023(g) of the CARES Act (15 U.S.C. 9057(g)).
(iv) Servicer.--The term ``servicer''--
(I) has the meaning given the term in 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 those
terms are defined in section 1024.31 of title 12, Code of
Federal Regulations.
(v) Securitization vehicle.--The term ``securitization
vehicle'' has the meaning given that term in section 129A(f)
of the Truth in Lending Act (15 U.S.C. 1639a(f)).
(c) Amendments to National Housing Act.--Section 306(g)(1)
of the National Housing Act (12 U.S.C. 1721(g)(1)) 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(b)(4) of
the CARES Act (15 U.S.C. 9042(b)(4))) related 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(b)(4) of the CARES Act (15 U.S.C. 9042(b)(4)) related to
any such mortgage or mortgages or any interest therein and
proceeds thereon''.
SEC. 204. PROMOTING ACCESS TO CREDIT FOR HOMEBUYERS.
(a) Fannie Mae and Freddie Mac.--
(1) Purchase requirements.--During the period that begins 5
days after the date of the enactment of this Act and ends 60
days after the expiration of the covered period with respect
to the mortgage, notwithstanding any other provision of law,
an enterprise may not refuse to purchase any single-family
mortgage originated on or after February 1, 2020, that
otherwise would have been eligible for purchase by such
enterprise, solely due to the fact that the borrower has, for
the borrower's previous mortgage or on the mortgage being
purchased--
(A) entered into forbearance as a result of a financial
hardship due, directly or indirectly, to the COVID-19
emergency;
(B) requested forbearance as a result of a financial
hardship due, directly or indirectly, to the COVID-19
emergency; or
(C) inquired as to options related to forbearance as a
result of a financial hardship due, directly or indirectly,
to the COVID-19 emergency.
(2) Prohibition on restrictions.--With respect to purchase
of single-family mortgages described in paragraph (1) and
specified in any of subparagraphs (A) through (C) of such
paragraph, an enterprise may not--
(A) establish additional restrictions that are not
applicable to similarly situated mortgages under which the
borrower is not in forbearance;
(B) charge a higher guarantee fee (within the meaning
provided such term in section 1327 of the Housing and
Community Development Act of 1992 (12 U.S.C. 4547)), or loan
level pricing adjustment, or otherwise alter pricing for such
mortgages, relative to similarly situated mortgages under
which the borrower is not in forbearance;
(C) apply repurchase requirements to such mortgages that
are more restrictive than repurchase requirements applicable
to similarly situated mortgages under which the borrower is
not in forbearance; or
(D) require lender indemnification of such mortgages,
solely due to the fact that the borrower is in forbearance.
(3) Fraud detection.--This subsection may not be construed
to prevent an enterprise from conducting oversight and review
of single-family mortgages purchased when a borrower is in
forbearance on the borrower's previous mortgage, or on the
mortgage being purchased, for purposes of detecting fraud. An
enterprise shall report any fraud detected to the Director of
the Federal Housing Finance Agency.
(4) Enterprise capital.--During the period that begins 5
days after the date of the enactment of this Act and ends 60
days after the expiration of the covered period with respect
to a mortgage, notwithstanding any other provision of law, a
forbearance on such mortgage shall not be considered to be a
delinquency under such mortgage for purposes of calculating
capital of an enterprise for any purpose under title XIII of
the Housing and Community Development Act of 1992 (12 U.S.C.
4501 et seq.).
(5) Rules of construction.--
(A) Purchase parameters.--This subsection may not be
construed to require an enterprise to purchase single-family
mortgages that do not meet existing or amended purchase
parameters, other than parameters related to borrower
forbearance, established by such enterprise.
(B) Employment; income.--This subsection may not be
construed to prevent an enterprise from establishing
additional requirements to ensure that a borrower has not
lost their job or income prior to a mortgage closing.
(6) Implementation.--The Director may issue any guidance,
orders, and regulations necessary to carry out this
subsection.
(b) FHA.--
(1) Prohibition on restrictions.--During the period that
begins 5 days after the date of the enactment of this Act and
ends 60 days after the expiration of the covered period with
respect to the mortgage, notwithstanding any other provision
of law, the Secretary of Housing and Urban Development may
not deny the provision of mortgage insurance for a single-
family mortgage originated on or after February 1, 2020, may
not
[[Page S6241]]
implement additional premiums or otherwise alter pricing for
such a mortgage, may not require mortgagee indemnification,
and may not establish additional restrictions on such a
mortgagor, solely due to the fact that the borrower has--
(A) entered into forbearance as a result of a financial
hardship due, directly or indirectly, to the COVID-19
emergency;
(B) requested forbearance as a result of a financial
hardship due, directly or indirectly, to the COVID-19
emergency; or
(C) inquired as to options related to forbearance as a
result of a financial hardship due, directly or indirectly,
to the COVID-19 emergency.
(2) Rules of construction.--
(A) Insurance.--This subsection may not be construed to
require the Secretary of Housing and Urban Development to
provide insurance on single-family mortgages that do not meet
existing or amended insurance parameters, other than
parameters related to borrower forbearance, established by
the Secretary.
(B) Employment; income.--This subsection may not be
construed to prevent the Secretary of Housing and Urban
Development from establishing additional requirements
regarding insurance on single-family mortgages to ensure that
a borrower has not lost their job or income prior to a
mortgage closing.
(c) Reporting Requirements.--
(1) FHFA actions.--During the COVID-19 emergency, the
Director may not increase guarantee fees, loan level pricing
adjustments, or any other fees or implement any restrictions
on access to credit unless the Director provides 48-hour
advance notice of such increase or restrictions to the
Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate together with a detailed report
of the policy rationale for the decision, including any and
all data considered in making such decision.
(2) Quarterly reports by enterprises and fha.--
(A) Requirement.--Each enterprise and the Secretary of
Housing and Urban Development, with respect to the FHA
mortgage insurance programs, shall provide reports to the
Congress, and make such reports publicly available, not less
frequently than quarterly regarding the impact of COVID-19
pandemic on the such enterprises' and program's ability to
meet their charter requirements, civil rights
responsibilities, mandates under the CARES Act (Public Law
116-136), and other laws enacted in response to the COVID-19
pandemic, and other requirements under law. The first such
report shall be submitted not later than the expiration of
the 3-month period beginning upon the date of the enactment
of this Act and the requirement under this subparagraph to
submit such reports shall terminate upon the expiration of
the 2-year period beginning upon the termination of the
COVID-19 emergency.
(B) Content.--Each report required under subparagraph (A)
shall include the following information for the most recent
quarter for which data is available:
(i) Enterprises.--For each report required by an
enterprise:
(I) The number of single-family and multi-family
residential mortgage loans purchased by the enterprise and
the unpaid principal balance of such mortgage loans
purchased, disaggregated by--
(aa) mortgage loans made to low- and moderate-income
borrowers;
(bb) mortgage loans made for properties in low- and
moderate-income census tracts; and
(cc) mortgage loans made for properties in central cities,
rural areas, and underserved areas.
(II) In the single-family residential mortgage market--
(aa) the total number, unpaid principal balance, and length
of forbearances provided to borrowers, including whether or
not the forbearance was requested by the borrower;
(bb) a detailed breakdown of the loan modifications offered
to borrowers and whether the borrowers accepted the offer
including the total number and unpaid principal balance of
loan modifications ultimately made to borrowers;
(cc) a detailed breakdown of the home retention options
offered to borrowers and whether the borrowers accepted the
offer, including the total number and unpaid principal
balance of other home retention options ultimately made to
borrowers; and
(dd) the total number of outcomes that included short-
sales, deed-in-lieu of foreclosure, and foreclosure sales.
(III) A description of any efforts by the enterprise to
provide assistance and support to consumers who are not
proficient in English.
(IV) A description of any other efforts by the enterprise
to provide assistance to low- and moderate-income
communities, central cities, rural areas, and other
underserved areas, such as financial literacy and education
or support of fair housing and housing counseling agencies.
(V) A description of any other assistance provided by the
enterprise to consumers in response to the COVID-19 pandemic.
(ii) FHA.--For each report required with respect to the FHA
mortgage insurance programs:
(I) The number and unpaid principal balance for all
residential mortgage loans, disaggregated by type, insured
under such programs.
(II) The total number, unpaid principal balance, and length
of forbearances provided to borrowers, including whether or
not the forbearance was requested by the borrower.
(III) A detailed breakdown of the loan modifications
offered to borrowers and whether the borrowers accepted the
offer including the total number and unpaid principal balance
of loan modifications ultimately made to borrowers.
(IV) A detailed breakdown of the home retention options
offered to borrowers and whether the borrowers accepted the
offer including the total number and unpaid principal balance
of other home retention options ultimately made to borrowers.
(V) A description of any efforts under such programs to
provide assistance and support to consumers who are not
proficient in English.
(VI) A description of any other efforts under such programs
to provide assistance to low- and moderate-income
communities, central cities, rural areas, and other
underserved areas, such as financial literacy and education
or support of fair housing and housing counseling agencies.
(VII) A description of any other assistance provided under
such programs to consumers in response to the COVID-19
pandemic.
(iii) Provisions to be included in all reports.--Each
report required under subparagraph (A) shall include, to the
degree reasonably possible, the following information:
(I) An analysis of all loan level data required by clauses
(i) and (ii) of this subparagraph disaggregated by race,
national origin, gender, disability status, whether or not
the borrower seeking or obtaining assistance speaks English
as a second language, the preferred language of the borrower,
debt-to-income level of the borrower, loan-to-value ratio of
the loan, and credit score of the borrower.
(II) A geographical analysis at the census tract level, but
if information is not available at the census tract level for
any of the items required by clauses (i) and (ii), the
geographical analysis shall be provided at the zip code level
for the item for which a census tract analysis was not
possible.
(III) A description of any policy changes made by the
enterprise or Secretary of Housing and Urban Development, as
appropriate, in response to the COVID-19 pandemic and
analysis of actions taken to ensure that such policy changes
were in compliance with all relevant civil rights
responsibilities, including the Fair Housing Act, including
the Affirmatively Furthering Fair Housing provision, the
Equal Credit Opportunity Act, the Community Reinvestment Act
of 1977, the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992, the Housing and Economic Recovery Act
of 2008, Federal Home Loan Bank Act, Executive Orders 11063
and 12892, the Federal National Mortgage Association Charter
Act, and the Federal Home Loan Mortgage Corporation Act.
(3) Report by gao.--Not later than the expiration of the
120-day period that begins upon the termination of the COVID-
19 emergency, the Comptroller General of the United States
shall submit to the Congress and make public available a
report on--
(A) the extent to which the enterprises and the FHA
mortgage insurance programs provided loan products,
forbearances, loan modifications, and COVID-19-related
assistance to consumers;
(B) the availability and type of any such assistance
provided post-forbearance; and
(C) the overall ability of the enterprises and the FHA
mortgage insurance programs to successfully meet their
charter requirements, civil rights responsibilities, and
other requirements under law.
(d) Definitions.--For purposes of this Act, the following
definitions shall apply:
(1) Covered period.--The term ``covered period'' means,
with respect to a federally backed mortgage loan, the period
of time during which the borrower under such loan may request
forbearance on the loan under section 4022(b) of the CARES
Act (15 U.S.C. 9056; Public Law 116-136; 134 Stat. 490).
(2) COVID-19 emergency.--The term ``COVID-19 emergency''
has the meaning given such term in section 4022 of the CARES
Act (15 U.S.C. 9056; Public Law 116-136; 134 Stat. 490).
(3) Director.--The term ``Director'' means the Director of
the Federal Housing Finance Agency.
(4) Enterprise.--The term ``enterprise'' has the meaning
given such term in section 1303 of the Housing and Community
Development Act of 1992 (12 U.S.C. 4502).
SEC. 205. 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--
[[Page S6242]]
``(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 reports to the Congress on a
monthly basis 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 reports to the Congress on
a monthly basis that identify 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. 206. SUPPLEMENTAL FUNDING FOR SUPPORTIVE HOUSING FOR THE
ELDERLY AND PERSONS WITH DISABILITIES.
(a) Authorization of Appropriations.--There is authorized
to be appropriated $500,000,000 for fiscal year 2021 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.
SEC. 207. 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.
TITLE III--PROTECTING PEOPLE EXPERIENCING HOMELESSNESS
SEC. 301. 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.)
$5,000,000,000 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).
(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.
[[Page S6243]]
(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 C.F.R. 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 (42 U.S.C. 11374) 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) Renewal of Continuum of Care Projects.--
(1) In general.--In allocating and awarding amounts
provided 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.), the Secretary of Housing and Urban
Development shall renew for one 12-month period, without
additional competition, all projects with existing grants
expiring during calendar year 2021, including shelter plus
care projects expiring during calendar year 2021,
notwithstanding any inconsistent provisions in subtitle C of
title IV of the McKinney-Vento Homeless Assistance Act or any
other Act.
(2) Planning and unified funding agency awards.--Continuum
of Care planning and unified funding agency awards expiring
in calendar year 2021 may also be renewed and the continuum
of care may designate a new collaborative applicant to
receive the award in accordance with the existing process
established by the Secretary of Housing and Urban
Development.
(3) Notice.--The Secretary of Housing and Urban Development
shall publish a notice that identifies and lists all projects
and awards eligible for such noncompetitive renewal,
prescribes the format and process by which the projects and
awards from the list will be renewed, makes adjustments to
the renewal amount based on changes to the fair market rent,
and establishes a maximum amount for the renewal of planning
and unified funding agency awards notwithstanding the
requirement that such maximum amount be established in a
notice of funding availability.
(4) Youth homeless demonstration projects and domestic
violence bonus projects.-- Subsection (a) shall not apply to
youth homeless demonstration projects and domestic violence
bonus projects under the Continuum of Care program.
(c) Housing Trust Fund.--Notwithstanding any other
provision of law, subparagraph (B) of section 1338(c)(10) of
the Housing and Community Development Act of 1992 (12 U.S.C.
4568(c)(10)(B)), and any regulations implementing such
subparagraph, shall not apply during the 12-month period
beginning upon the date of the enactment of this Act.
TITLE IV--SUSPENDING NEGATIVE CREDIT REPORTING AND STRENGTHENING
CONSUMER AND INVESTOR PROTECTIONS
SEC. 401. 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 section, and the
amendments made by this section, is to protect consumers'
credit from negative impacts as a result of financial
hardship due to the coronavirus disease (COVID-19) outbreak
and future major disasters.
``(b) Reporting of Information During Major Disasters.--
``(1) In general.--The Fair Credit Reporting Act is amended
by inserting after section 605B the following:
`` `Sec. 605C. Reporting of information during major
disasters
`` `(a) Definitions.--In this section:
`` `(1) 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.
[[Page S6244]]
`` `(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. 402. 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
[[Page S6245]]
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. 403. 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. 404. 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--PROTECTING STUDENT BORROWERS
SEC. 501. 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 February 1, 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 February 1, 2021, interest due on a
private education loan during such period shall not be
capitalized at any time until after February 1, 2021.
``(3) Reporting to consumer reporting agencies.--Until
February 1, 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.
[[Page S6246]]
``(4) Notice of payments and program.--Not later than 15
days following the date of enactment of this subsection, and
monthly thereafter until February 1, 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 on February 1,
2021.
``(5) Suspension of involuntary collection.--Until February
1, 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.
``(8) Application only to economically distressed
borrowers.--
``(A) In general.--This subsection shall only apply to a
borrower of a private education loan who is an economically
distressed borrower.
``(B) Economically distressed borrower defined.--In this
paragraph, the term `economically distressed borrower' means
a borrower of a private education loan who, as of March 12,
2020--
``(i) based on financial state or other conditions, would
be otherwise eligible, if the borrower instead had a Federal
student loan, of having a monthly payment due on such loan of
$0 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)) or an income-based repayment plan
under section 493C of such Act (20 U.S.C. 1098e);
``(ii) was in default on such loan;
``(iii) had a payment due on such loan that was at least 90
days past due; or
``(iv) based on financial state or other conditions, was in
forbearance or deferment.
``(C) Rulemaking.--Not later than 7 days after the date of
enactment of this paragraph, the Director of the Bureau, in
consultation with the Secretary of Education, shall issue
rules to implement this paragraph, including providing a
detailed description of how a borrower of a private education
loan will be considered an economically distressed borrower
as defined under each clause of subparagraph (B).''.
(b) Appropriation.--There is appropriated to the Secretary
of the Treasury, out of amounts in the Treasury not otherwise
appropriated, $5,000,000,000 to carry out this title and the
amendments made by this title.
SEC. 502. 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 February 1,
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 February 1, 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) Application Only to Economically Distressed
Borrowers.--This section shall only apply to a borrower of a
private education loan who is an economically distressed
borrower.
(d) 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).
(3) Economically distressed borrower defined.--The term
``economically distressed borrower'' has the meaning given
that term under section 140(h)(8) of the Truth in Lending
Act, as added by section 501.
TITLE VI--STANDING UP FOR SMALL BUSINESSES, MINORITY-OWNED BUSINESSES,
AND NON-PROFITS
SEC. 601. 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
[[Page S6247]]
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. 602. 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. 603. 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. 604. 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 and institutions
of higher education (as such term is defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)) 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 without capitalization of interest;
``(cc) shall make any 501(c)(4) organization (as defined in
section 501(c)(4) of the Internal Revenue Code of 1986)
eligible for any facility provided that such 501(c)(4)
organization has not made and will not make a contribution,
expenditure, independent expenditure, or electioneering
communication within the meaning of the Federal Election
Campaign Act, and has not undertaken and will not undertake
similar campaign finance activities in state and local
elections, during the election cycle which ends on the date
of the general election in this calendar year;
``(dd) shall ensure loans made available to all eligible
borrowers have a maturity of no less than seven years; and
``(ee) shall prohibit eligible lenders from requiring
additional collateral beyond minimum collateral requirements
the Board of Governors of the Federal Reserve System may
require.''.
(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. 605. OPTIONS FOR SMALL BUSINESSES AND NON-PROFITS UNDER
THE MAIN STREET LENDING PROGRAM.
(a) In General.--Section 4003(c)(3)(D)(ii)(II) of the CARES
Act (15
[[Page S6248]]
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, small non-profits, and small institutions
of higher education (as such term is defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)) are eligible for that does not have a minimum loan
size and includes the ability to defer payments, without
capitalization of interest.''.
(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. 606. 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
[[Page S6249]]
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
[[Page S6250]]
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 section:
(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''.
SEC. 607. SUPPORT FOR RESTAURANTS.
(a) Short Title.--This section may be cited as the ``Real
Economic Support That Acknowledges Unique Restaurant
Assistance Needed To Survive Act of 2020'' or the
``RESTAURANTS Act of 2020''.
(b) Definitions.--In this section:
(1) Covered period.--The term ``covered period'' means the
period beginning on February 15, 2020, and ending on June 30,
2021.
(2) Eligible entity.--The term ``eligible entity''--
(A) means a restaurant, food stand, food truck, food cart,
caterer, saloon, inn, tavern, bar, lounge, brewpub, tasting
room, taproom, licensed facility, or premise of a beverage
alcohol producer where the public may taste, sample or
purchase products, or other similar place of business--
(i) in which the public or patrons assemble for the primary
purpose of being served food or drink; and
(ii) that, as of March 13, 2020, is not part of a chain or
franchise with more than 20 locations doing business under
the same name, regardless of the type of ownership of the
locations;
(B) means an entity that is located in an airport terminal
and that, as of March 13, 2020, sold any food and beverage,
if, as of March 13, 2020, the entity is not part of a chain
or franchise with more than 20 locations doing business under
the same name, regardless of the type of ownership of the
locations; and
(C) does not include an entity described in subparagraph
(A) or (B) that is--
(i) publicly-traded, including a subsidiary or affiliate
thereof; or
(ii) part of a State or local government facility, not
including an airport.
(3) Fund.--The term ``Fund'' means the Restaurant
Revitalization Fund established under section subsection (c).
(4) Immediate family member.--With respect to an
individual, the term ``immediate family member'' means any
parent or child of the individual.
(5) Payroll costs.--The term ``payroll costs'' has the
meaning given the term in section 7(a)(36)(A) of the Small
Business Act (15 U.S.C. 636(a)(36)(A)).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(c) Establishment of a Restaurant Revitalization Fund.--
(1) In general.--There is established in the Treasury of
the United States a fund to be known as the Restaurant
Revitalization Fund.
(2) Appropriations.--
(A) In general.--There is appropriated to the Fund, out of
amounts in the Treasury not otherwise appropriated,
$120,000,000,000, to remain available until June 30, 2021.
(B) Remainder to treasury.--Any amounts remaining in the
Fund after June 30, 2021 shall be deposited in the general
fund of the Treasury.
(3) Use of funds.--The Secretary shall use amounts in the
Fund to make grants described in section subsection (d).
(d) Restaurant Revitalization Grants.--
(1) In general.--The Secretary shall award grants to
eligible entities in the order in which the application is
received by the Secretary.
(2) Registration.--The Secretary shall register each grant
awarded under this subsection using the employer
identification number of the eligible entity.
(3) Application.--
(A) In general.--An eligible entity desiring a grant under
this subsection shall submit to the Secretary an application
at such time, in such manner, and containing such information
as the Secretary may require.
(B) Certification.--An eligible entity applying for a grant
under this subsection shall make a good faith certification--
(i) that the uncertainty of current economic conditions
makes necessary the grant request to support the ongoing
operations of the eligible entity;
(ii) acknowledging that funds will be used to retain
workers, for payroll costs, and for other allowable expenses
described in paragraph (5) and not for any other purposes;
[[Page S6251]]
(iii) that the eligible entity does not have an application
pending for a grant under subsection (a)(36) or (b)(2) of
section 7 of the Small Business Act (15 U.S.C. 636) for the
same purpose and that is duplicative of amounts applied for
or received under this section; and
(iv) during the covered period, that the eligible entity
has not received amounts under subsection (a)(36) or (b)(2)
of section 7 of the Small Business Act (15 U.S.C. 636) for
the same purpose and that is duplicative of amounts applied
for or received under this section.
(C) Hold harmless.--An eligible entity applying for a grant
under this subsection shall not be ineligible for a grant if
the eligible entity is able to document--
(i) an inability to rehire individuals who were employees
of the eligible entity on February 15, 2020; and
(ii) an inability to hire similarly qualified employees for
unfilled positions on or before June 30, 2021.
(4) Priority in awarding grants.--During the initial 14-day
period in which the Secretary awards grants under this
subsection, the Secretary shall--
(A) prioritize awarding grants to marginalized and
underrepresented communities, with a focus on women- and
minority-owned, and women- and minority-operated eligible
entities; and
(B) only award grants to eligible entities with annual
revenues of less than $1,500,000.
(5) Grant amount.--
(A) Determination of grant amount.--
(i) In general.--The amount of a grant made to an eligible
entity under this subsection shall be equal to--
(I) the sum of the revenues or estimated revenues of the
eligible entity during each calendar quarter in 2020
subtracted from the sum of such revenues during the same
calendar quarter in 2019, if such sum is greater than zero;
and
(II) if applicable, the additional amount required to pay
for sick leave described under clause (ii).
(ii) Sick leave.--An eligible entity applying for a grant
under this section--
(I) may request an additional grant amount based on the
amount required to provide 10 days of paid sick leave to each
employee of the entity to--
(aa) care for themselves or an immediate family member who
is ill; or
(bb) provide care for children when schools or childcare
providers are shut down due to COVID-19; and
(II) shall, if provided a grant under this section that
includes an additional amount for sick leave described under
subclause (I), provide each employee of the entity with such
10 days of paid sick leave.
(iii) Verification.--An eligible entity shall submit to the
Secretary such revenue verification documentation as the
Secretary may require to determine the amount of a grant
under clause (i).
(iv) Repayment.--Any amount of a grant made under this
subsection to an eligible entity based on estimated revenues
in a calendar quarter in 2020 that is greater than the actual
revenues of the eligible entity during that calendar quarter
shall be converted to a loan that has--
(I) an interest rate of 1 percent; and
(II) a maturity date of 10 years beginning on January 1,
2021.
(B) Reduction based on ppp forgiveness or eidl emergency
grant.--If an eligible entity has, at the time of application
for a grant under this subsection, received an advance under
section 1110(e) of the CARES Act (15 U.S.C. 9009(e)) or loan
forgiveness under section 1106 of such Act (15 U.S.C. 9005)
related to expenses incurred during the covered period, the
maximum amount of a grant awarded to the eligible entity
under this subsection shall be reduced by the amount of funds
expended by or forgiven for the eligible entity for those
expenses using amounts received under such section 1110(e) or
forgiven under such section 1106.
(C) Limitation.--An eligible entity may not receive more
than 1 grant under this subsection.
(6) Use of funds.--
(A) In general.--During the covered period, an eligible
entity that receives a grant under this subsection may use
the grant funds for--
(i) payroll costs;
(ii) payments of principal or interest on any mortgage
obligation;
(iii) rent payments, including rent under a lease
agreement;
(iv) utilities;
(v) maintenance, including construction to accommodate
outdoor seating;
(vi) supplies, including protective equipment and cleaning
materials;
(vii) food, beverage, and operational expenses that are
within the scope of the normal business practice of the
eligible entity before the covered period;
(viii) debt obligations to suppliers that were incurred
before the covered period;
(ix) costs associated with providing employees with 10 days
of sick leave, as described under paragraph (5)(A)(ii); and
(x) any other expenses that the Secretary determines to be
essential to maintaining the eligible entity.
(B) Returning funds.--If an eligible entity that receives a
grant under this subsection permanently ceases operations on
or before June 30, 2021, the eligible entity shall return to
the Treasury any funds that the eligible entity did not use
for the allowable expenses under subparagraph (A).
(C) Conversion to loan.--Any grant amounts received by an
eligible entity under this subsection that are unused after
June 30, 2021, shall be immediately converted to a loan
with--
(i) an interest rate of 1 percent; and
(ii) a maturity date of 10 years.
(7) Regulations.--Not later than 15 days after the date of
enactment of this Act, the Secretary shall issue regulations
to carry out this subsection without regard to the notice and
comment requirements under section 553 of title 5, United
States Code.
(8) Appropriations for staffing and administrative
expenses.--
(A) In general.--Of the amounts provided by paragraph
(2)(A), $300,000,000 shall be for staffing and administrative
expenses related to administering grants awarded under this
subsection.
(B) Set aside.--Of amounts provided under subparagraph (A),
$60,000,000 shall be allocated for outreach to traditionally
marginalized and underrepresented communities, with a focus
on women, veteran, and minority-owned and operated eligible
entities, including the creation of a resource center
targeted toward these communities.
(e) Limitation With Respect to Private Funds.--
(1) In general.--No amounts received under this section may
be directly or indirectly used to pay distributions,
dividends, consulting fees, advisory fees, interest payments,
or any other fees, expenses, or charges to--
(A) a person registered as an investment adviser under the
Investment Advisers Act of 1940 who advises a private fund;
(B) any affiliate of such adviser;
(C) any executive of such adviser or affiliate; or
(D) any employee, consultant, or other person with a
contractual relationship to provide services for or on behalf
of such adviser or affiliate.
(2) Anti-evasion.--No company in which a private fund holds
an ownership interest that has, directly or indirectly,
received amounts under this title may pay any distributions,
dividends, consulting fees, advisory fees, interest payments,
or any other fees, expenses, or charges in excess of 10
percent of such company's net operating profits for the
calendar year ending December 31, 2020 (and for each
successive year until the covered period has ended and all
loans created under this section have been repaid) to--
(A) a person registered as an investment adviser under the
Investment Advisers Act of 1940 who advises a private fund;
(B) any affiliate of such adviser;
(C) any executive of such adviser or affiliate; or
(D) any employee, consultant, or other person with a
contractual relationship to provide services for or on behalf
of such adviser or affiliate.
(3) Definitions.--In this section:
(A) Affiliate.--The term ``affiliate'' means, with respect
to a person, any other person directly or indirectly
controlling, controlled by, or under direct or indirect
common control with such person. A person shall be deemed to
control another person if such person possesses, directly or
indirectly, the power to direct or cause the direction of the
management and policies of such other person, whether through
the ownership of voting securities, by contract, or
otherwise.
(B) Executive.--The term ``executive'' means--
(i) any individual who serves an executive or director of a
person, including the principal executive officer, principal
financial officer, comptroller or principal accounting
officer; and
(ii) an executive officer, as defined under section 230.405
of title 17, Code of Federal Regulations.
(C) Private find.--The term ``private fund'' means an
issuer that would be an investment company, as defined in the
Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.), but
for section 3(c)(1) or 3(c)(7) of that Act.
(f) Demographic Data and Transparency.--
(1) Demographic data.--In establishing an application
process for carrying out this section, the Secretary shall
include a voluntary request for certain demographic data with
respect to the majority ownership of eligible entities,
including race, ethnicity, gender, and veteran-status.
(2) Monthly reports.--Not later than the end of the first
month in which initial grants are disbursed under this
section, and every month thereafter until the date on which
the last grant has been disbursed under this section, the
Secretary shall submit to the Committee on Financial Services
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate a report providing
the number and dollar amount of grants approved for or
disbursed to all eligible entities, including a list of
eligible entities with the grant amount they received, and a
breakout of the number and dollar of grants by State,
congressional district, demographics (including race,
ethnicity, gender, and veteran-status), and business type.
(3) Quarterly reports.-- Beginning on January 1, 2021, and
every subsequent quarter until the last grant that was
converted to a loan under this section is repaid, the
Secretary shall submit to the Committee on Financial Services
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate a report
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on the number and dollar amount of grants approved for or
disbursed to all eligible entities, including a breakout of
grants by State, congressional district, demographics
(including race, ethnicity, gender, and veteran-status), and
business type, as well as the number and dollar amount of
grants that converted to loans under this section, including
a breakout of outstanding loans by State, congressional
district, demographics (including race, ethnicity, gender,
and veteran-status), and business type.
(4) Data transparency.--Not later than 30 days after the
date of enactment of this Act, the Secretary 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. 608. CODIFICATION OF THE MINORITY BUSINESS DEVELOPMENT
ADMINISTRATION.
(a) Definitions.--In this section:
(1) Administration.--The term ``Administration'' means the
Minority Business Development Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Minority Business Development
Administration.
(3) Covered entity.--The term ``covered entity'' means a
private nonprofit organization that--
(A) is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
of such Code;
(B) can demonstrate to the Administration that--
(i) the primary mission of the organization is to provide
services to minority business enterprises, whether through
education, making grants, or other similar activities; and
(ii) the organization is unable to pay financial
obligations incurred by the organization, including payroll
obligations; and
(C) due to the effects of COVID-19, is unable to engage in
the same level of fundraising in the year in which this Act
is enacted, as compared with the year preceding the year in
which this Act is enacted, including through events or the
collection of fees.
(4) Minority.--The term ``minority'' has the meaning given
the term in section 308(b) of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 and includes
any indigenous person in the United States or the territories
of the United States.
(5) Minority business development center.--The term
``minority business development center'' means a Business
Center of the Administration, including its Specialty Center
Program.
(6) Minority business enterprise.--The term ``minority
business enterprise'' means a for-profit business
enterprise--
(A) that is not less than 51 percent-owned by 1 or more
minority individuals; and
(B) the management and daily business operations of which
are controlled by 1 or more minority individuals.
(b) Minority Business Development Administration.--
(1) Establishment.--
(A) In general.--The Minority Business Development
Administration is hereby established.
(B) Transfer of functions.--All functions that, immediately
before the date of enactment of this Act, were functions of
the Minority Business Development Agency of the Department of
Commerce shall be functions of the Administration.
(C) Transfer of assets.--So much of the personnel,
property, records, and unexpended balances of appropriations,
allocations, and other funds employed, used, held, available,
or to be made available in connection with a function
transferred under subparagraph (B) shall be available to the
Administration for use in connection with the functions
transferred.
(D) References.--Any reference in any other Federal law,
Executive order, rule, regulation, or delegation of
authority, or any document of or pertaining to the Minority
Business Development Agency of the Department of Commerce is
deemed to refer to the Administration.
(2) Administrator.--
(A) Appointment and duties.--The Administration shall be
headed by an Administrator, who shall be--
(i) appointed by the President, by and with the advice and
consent of the Senate; and
(ii) except as otherwise expressly provided, responsible
for the administration of this Act.
(B) Compensation.--The Administrator shall be compensated
at an annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code.
(C) Transition period.--The individual serving as the
Director of the Minority Business Development Agency on the
day before the date of enactment of this Act shall serve as
the Administrator of the Administration until such time as
the first Administrator is confirmed by the Senate pursuant
to subparagraph (A).
(3) Report to congress.--Not later than 120 days after the
date of enactment of this Act, the Administrator shall submit
to Congress a report that describes the organizational
structure of the Administration.
(4) Administrative powers and other powers of the
administration; miscellaneous provisions.--
(A) In general.--In carrying out the duties and the
responsibilities of the Administration, the Administrator
may--
(i) hold hearings, sit and act, and take testimony as the
Administrator may determine to be necessary or appropriate;
(ii) acquire, in any lawful manner, any property that the
Administrator may determine to be necessary or appropriate;
(iii) make advance payments under grants, contracts, and
cooperative agreements awarded by the Administration;
(iv) enter into agreements with other Federal agencies;
(v) coordinate with the heads of the Offices of Small and
Disadvantaged Business Utilization of Federal agencies;
(vi) require a coordinated review of all training and
technical assistance activities that are proposed to be
carried out by Federal agencies in direct support of the
development of minority business enterprises to--
(I) assure consistency with the purposes of this Act; and
(II) avoid duplication of existing efforts; and
(vii) prescribe such rules, regulations, and procedures as
the Administration may determine to be necessary or
appropriate.
(B) Employment of certain experts and consultants.--
(i) In general.--The Administrator may employ experts and
consultants or organizations that are composed of experts or
consultants, as authorized under section 3109 of title 5,
United States Code.
(ii) Renewal of contracts.--The Administrator may annually
renew a contract for employment of an individual employed
under clause (i).
(C) Donation of property.--
(i) In general.--Subject to clause (ii), the Administrator
may, without cost (except for costs of care and handling),
donate for use by any public sector entity, or by any
recipient nonprofit organization, for the purpose of the
development of minority business enterprises, any real or
tangible personal property acquired by the Administration.
(ii) Terms, conditions, reservations, and restrictions.--
The Administrator may impose reasonable terms, conditions,
reservations, and restrictions upon the use of any property
donated under clause (i).
(c) Emergency Grants to Non-profits That Support Minority
Business Enterprises.--
(1) Establishment.--Not later than 15 days after the date
of enactment of this Act, the Administration shall establish
a grant program for covered entities--
(A) in order to help those covered entities continue the
necessary work of supporting minority business enterprises;
and
(B) under which the Administration shall make grants to
covered entities as expeditiously as possible.
(2) Application.--
(A) In general.--A covered entity desiring a grant under
this subsection shall submit to the Administration an
application at such time, in such manner, and containing such
information as the Administration may require.
(B) Priority.--The Administration shall--
(i) establish selection criteria to ensure that, if the
amounts made available to carry out this subsection are not
sufficient to make a grant under this subsection to every
covered entity that submits an application under subparagraph
(A), the covered entities that are the most severely affected
by the effects of COVID-19 receive priority with respect to
those grants; and
(ii) give priority with respect to the grants made under
this subsection to a covered entity that proposes to use the
grant funds for--
(I) providing paid sick leave to employees of the covered
entity who are unable to work due to the direct effects of
COVID-19;
(II) continuing to make payroll payments in order to retain
employees of the covered entity during an economic disruption
with respect to COVID-19;
(III) making rent or mortgage payments with respect to
obligations of the covered entity; or
(IV) repaying non-Federal obligations that the covered
entity cannot satisfy because of revenue losses that are
attributable to the effects of COVID-19.
(3) Amount of grant.--
(A) In general.--A grant made under this subsection shall
be in an amount that is not more than $500,000.
(B) Single award.--No covered entity may receive, or
directly benefit from, more than 1 grant made under this
subsection.
(4) Use of funds.--A covered entity that receives a grant
under this subsection may use the grant funds to address the
effects of COVID-19 on the covered entity, including by
making payroll payments, making a transition to the provision
of online services, and addressing issues raised by an
inability to raise funds.
(5) Procedures.--The Administration shall establish
procedures to discourage and prevent waste, fraud, and abuse
by applicants for, and recipients of, grants made under this
subsection.
(6) Non-duplication.--The Administration shall ensure that
covered entities do not receive grants under both this
subsection and section 1108 of the CARES Act.
(7) GAO audit.--Not later than 180 days after the date on
which the Administration begins making grants under this
subsection, the Comptroller General of the United States
shall--
(A) conduct an audit of grants made under this subsection,
which shall seek to identify
[[Page S6253]]
any discrepancies or irregularities with respect to the
grants; and
(B) submit to Congress a report regarding the audit
conducted under subparagraph (A).
(8) Updates to congress.--Not later than 30 days after the
date of enactment of this Act, and once every 30 days
thereafter until the date described in paragraph (11), the
Administrator shall submit to Congress a report that
contains--
(A) the number of grants made under this subsection during
the period covered by the report; and
(B) with respect to the grants described in subparagraph
(A), the geographic distribution of those grants by State and
county.
(9) Termination.--The authority to make grants under this
subsection shall terminate on September 30, 2021.
(d) Outreach to Business Centers.--
(1) In general.--Not later than 10 days after the date of
enactment of this Act, the Administration shall conduct
outreach to the business center network of the Administration
to provide guidance to those centers regarding other Federal
programs that are available to provide support to minority
business enterprises, including programs at the Department of
the Treasury, the Small Business Administration, and the
Economic Development Administration of the Department of
Commerce.
(2) Outreach to native communities.--
(A) In general.--In carrying out this subsection, the
Administration shall ensure that outreach is conducted in
American Indian, Alaska Native, and Native Hawaiian
communities.
(B) Direct outreach to certain minority business
enterprises.--If the Administrator determines that a
particular American Indian, Alaska Native, or Native Hawaiian
community does not receive sufficient grant amounts under
subsection (c) or section 1108 of the CARES Act, the
Administrator shall carry out additional outreach directly to
minority business enterprises located in that community to
provide guidance regarding Federal programs that are
available to provide support to minority business
enterprises.
(3) Use of appropriated funds.--If, after carrying out this
subsection, there are remaining funds made available to carry
out this subsection from the amount appropriated under
subsection (e), the Administration may use those remaining
funds to carry out other responsibilities of the
Administration under subsection (c).
(e) Authorization of Appropriations.--There is authorized
to be appropriated to the Administration, in additional to
any other amounts so authorized, for the fiscal year ending
September 30, 2020, to remain available until September 30,
2021, $60,000,000, of which--
(1) $10,000,000 are authorized for carrying out subsection
(c);
(2) $5,000,000 are authorized for carrying out subsection
(d); and
(3) $10,000,000 are authorized to be allocated to the White
House Initiative on Asian Americans and Pacific Islanders.
(f) Audits.--
(1) Recordkeeping requirement.--Each recipient of
assistance under this section shall keep such records as the
Administrator shall prescribe, including records that fully
disclose, with respect to the assistance received by the
recipient under this section--
(A) the amount and nature of that assistance;
(B) the disposition by the recipient of the proceeds of
that assistance;
(C) the total cost of the undertaking for which the
assistance is given or used;
(D) the amount and nature of the portion of the cost of the
undertaking described in subparagraph (C) that is supplied by
a source other than the Administration; and
(E) any other records that will facilitate an effective
audit of the assistance.
(2) Access by government officials.--The Administrator and
the Comptroller General of the United States shall have
access, for the purpose of audit, investigation, and
examination, to any book, document, paper, record, or other
material of a recipient of assistance.
(g) Review and Report by Comptroller General.--Not later
than 4 years after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) conduct a thorough review of the programs carried out
under this section; and
(2) submit to Congress a detailed report of the findings of
the Comptroller General under the review carried out under
paragraph (1), which shall include--
(A) an evaluation of the effectiveness of the programs in
achieving the purposes of this section;
(B) a description of any failure by any recipient of
assistance under this section to comply with the requirements
under this section; and
(C) recommendations for any legislative or administrative
action that should be taken to improve the achievement of the
purposes of this section.
(h) Annual Reports; Recommendations.--
(1) Annual report.--Not later than 90 days after the last
day of each fiscal year, the Administrator shall submit to
Congress, and publish on the website of the Administration, a
report of each activity of the Administration carried out
under this section during the fiscal year preceding the date
on which the report is submitted.
(2) Recommendations.--The Administrator shall periodically
submit to Congress and the President recommendations for
legislation or other actions that the Administrator
determines to be necessary or appropriate to promote the
purposes of this section.
(i) Executive Order 11625.--The powers and duties of the
Administration shall be determined--
(1) in accordance with this section and the requirements of
this section; and
(2) without regard to Executive Order 11625 (36 Fed. Reg.
19967; relating to prescribing additional arrangements for
developing and coordinating a national program for minority
business enterprise).
(j) Amendment to the Federal Acquisition Streamlining Act
of 1994.--Section 7104(c) of the Federal Acquisition
Streamlining Act of 1994 (15 U.S.C. 644a(c)) is amended by
striking paragraph (2) and inserting the following:
``(2) The Administrator of the Minority Business
Development Administration.''.
SEC. 609. EMERGENCY GRANTS TO MINORITY BUSINESS ENTERPRISES.
(a) Grants During the COVID-19 Pandemic.--The Minority
Business Development Agency shall provide grants to address
the needs of minority business enterprises impacted by the
COVID-19 pandemic.
(b) Recipients.--The Agency may make grants through non-
profit organizations or directly to minority business
enterprises.
(c) Priority Areas.--In providing grants pursuant to
subsection (a), the Agency shall prioritize providing
assistance to--
(1) minority business enterprises that have been unable to
obtain loans from the Small Business Administration's
Paycheck Protection Program and other programs established
under the CARES Act;
(2) minority business enterprises located in low-income
areas or areas that have been significantly impacted by the
COVID-19 pandemic; and
(3) minority business enterprises that do not have access
to capital and whose business is substantially impaired
because of the impact of stay-at-home orders implemented by
State and local governments due to the COVID-19 pandemic.
(d) Terms and Conditions.--
(1) In general.--The Secretary of Commerce, acting through
the Minority Business Development Agency, shall set such
terms and conditions for the grants made under this section
as the Secretary determines appropriate.
(2) Notification.--No later than 15 days prior to making
any grants under this section, the Secretary, acting through
the Agency, shall provide the terms and conditions for grants
made under this section to the Committee on Financial
Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(e) GAO Oversight.--Not later than six months after the
date of enactment of this Act, the Comptroller General of the
United States shall provide a report on the effectiveness of
the grants made under this section, including the manner in
which the Agency implemented the priorities described in
subsection (c).
(f) Definitions.--In this section:
(1) Minority.--The term ``minority'' has the meaning given
the term in section 308(b) of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 and includes
any indigenous person in the United States or the territories
of the United States.
(2) Minority business enterprise.--The term ``minority
business enterprise'' means a for-profit business
enterprise--
(A) that is not less than 51 percent-owned by 1 or more
minority individuals; and
(B) the management and daily business operations of which
are controlled by 1 or more minority individuals.
(g) Authorization of Appropriations.--There are authorized
to be appropriated $3,000,000,000 to carry out this section.
Such funds are authorized to be appropriated to remain
available until expended.
TITLE VII--PROMOTING AND ADVANCING COMMUNITIES OF COLOR THROUGH
INCLUSIVE LENDING
SEC. 701. SHORT TITLE.
This title may be cited as the ``Promoting and Advancing
Communities of Color through Inclusive Lending Act''.
SEC. 702. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--The Congress finds the following:
(1) The Coronavirus 2019 (COVID-19) pandemic and the
resulting recession have led to more than 4.8 million cases
and at least 157,000 deaths in the United States as of August
6, 2020; a 7.6 percent increase in the unemployment rate from
February to June, or approximately 12 million more persons
who have lost their job; and an estimated 36 percent of
renters and 4.1 million homeowners who are struggling to pay
their rent and mortgages.
(2) According to the Centers for Disease Control, ``long-
standing systemic health and social inequities have put some
members of racial and ethnic minority groups at increased
risk of getting COVID-19 or experiencing severe illness''.
(3) Minority-owned businesses are also facing more
difficult economic circumstances than others as a result of
the COVID-19 pandemic. In April 2020, the Federal Reserve
Bank of New York reported that minority- and women-owned
businesses were not only more likely to show signs of limited
financial health, but also twice as likely to be classified
as ``at risk'' or ``distressed'' than their non-minority
counterparts.
(4) During the Coronavirus 2019 (COVID-19) pandemic,
community development financial
[[Page S6254]]
institutions (CDFIs) and minority depository institutions
(MDIs) have delivered needed capital and relief to
underserved communities, many of which have borne a
disproportionate impact of the COVID-19 pandemic. Through
August 8, 2020, CDFIs and MDIs have provided more than $16.4
billion in Paycheck Protection Program (PPP) loans to small
businesses with a smaller median loan size of about $74,000
compared to the overall program median loan size of $101,000.
(5) In addition to establishing relief funds and services
for local businesses and individuals experiencing loss of
income, CDFIs and MDIs have provided mortgage forbearances,
loan deferments, and modifications to help address the needs
of their borrowers. CDFIs and MDIs are reaching underserved
communities and minority-owned businesses at a critical time.
(6) The Community Development Financial Institutions Fund
(CDFI Fund) is an agency of the U.S. Department of the
Treasury and was established by the Riegle Community
Development and Regulatory Improvement Act of 1994. The
mission of the CDFI Fund is ``to expand economic opportunity
for underserved people and communities by supporting the
growth and capacity of a national network of community
development lenders, investors, and financial service
providers''. As of September 15, 2020, there were 1,137
certified CDFIs in all 50 States, District of Columbia, Guam,
and Puerto Rico.
(7) Following the 2008 financial crisis and the
disproportionate impact the Great Recession had on minority
communities, the number of MDI banks fell more than 30
percent over the following decade, to 143 as of the second
quarter of 2020. Meanwhile, MDI credit unions have seen
similar declines, with more than one-third of such
institutions disappearing since 2013.
(b) Sense of Congress.--The following is the sense of the
Congress:
(1) The Department of the Treasury, Board of Governors of
the Federal Reserve System, Small Business Administration
(SBA), Office of the Comptroller of the Currency, Federal
Deposit Insurance Corporation, National Credit Union
Administration, and other Federal agencies should take steps
to support, engage with, and utilize minority depository
institutions and community development financial institutions
in the near term, especially as they carry out programs to
respond to the COVID-19 pandemic, and the long term.
(2) The Board of Governors of the Federal Reserve System
should, consistent with its mandates, work to increase
lending by minority depository institutions and community
development financial institutions to underserved
communities, and when appropriate, should work with the
Department of the Treasury to increase lending by minority
depository institutions and community development financial
institutions to underserved communities.
(3) The Department of the Treasury and prudential
regulators should establish a strategic plan identifying
concrete steps that they can take to support existing
minority depository institutions, as well as the formation of
new minority depository institutions consistent with the
goals established in the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (FIRREA) to preserve
and promote minority depository institutions.
(4) Congress should increase funding and make other
enhancements, including those provided by this legislation,
to enhance the effectiveness of the CDFI Fund, especially
reforms to support minority-owned and minority led CDFIs in
times of crisis and beyond.
(5) Congress should conduct robust and ongoing oversight of
the Department of the Treasury, CDFI Fund, Federal prudential
regulators, SBA, and other Federal agencies to ensure they
fulfill their obligations under the law as well as implement
this title and other laws in a manner that supports and fully
utilizes minority depository institutions and community
development financial intuitions, as appropriate.
(6) The investments made by the Secretary of the Treasury
under this title and the amendments made by this title should
be designed to maximize the benefit to low- and moderate-
income and minority communities and contemplate losses to
capital of the Treasury.
SEC. 703. PURPOSE.
The purpose of this title is to--
(1) establish programs to revitalize and provide long-term
financial products and service availability for, and provide
investments in, low- and moderate-income and minority
communities;
(2) respond to the unprecedented loss of Black-owned
businesses and unemployment; and
(3) otherwise enhance the stability, safety and soundness
of community financial institutions that support low- and
moderate-income and minority communities.
SEC. 704. CONSIDERATIONS; REQUIREMENTS FOR CREDITORS.
(a) In General.--In exercising the authorities under this
title and the amendments made by this title, the Secretary of
the Treasury shall take into consideration--
(1) increasing the availability of affordable credit for
consumers, small businesses, and nonprofit organizations,
including for projects supporting affordable housing,
community-serving real estate, and other projects, that
provide direct benefits to low- and moderate-income
communities, low-income and underserved individuals, and
minorities;
(2) providing funding to minority-owned or minority-led
eligible institutions and other eligible institutions that
have a strong track record of serving minority small
businesses;
(3) protecting and increasing jobs in the United States;
(4) increasing the opportunity for small business,
affordable housing and community development in geographic
areas and demographic segments with poverty and high
unemployment rates that exceed the average in the United
States;
(5) ensuring that all low- and moderate-income community
financial institutions may apply to participate in the
programs established under this title and the amendments made
by this title, without discrimination based on geography;
(6) providing transparency with respect to use of funds
provided under this title and the amendments made by this
title;
(7) promoting and engaging in financial education to would-
be borrowers; and
(8) providing funding to eligible institutions that serve
consumers, small businesses, and nonprofit organizations to
support affordable housing, community-serving real estate,
and other projects that provide direct benefits to low- and
moderate-income communities, low-income individuals, and
minorities directly affected by the COVID-19 pandemic.
(b) Requirement for Creditors.--Any creditor participating
in a program established under this title or the amendments
made by this title shall fully comply with all applicable
statutory and regulatory requirements relating to fair
lending.
SEC. 705. NEIGHBORHOOD CAPITAL INVESTMENT PROGRAM.
Title IV of the CARES Act (Public Law 116-136) is amended--
(1) in section 4002 (15 U.S.C. 9041)--
(A) by redesignating paragraphs (7) through (10) as
paragraphs (9) through (12), respectively; and
(B) by inserting after paragraph (6) the following:
``(7) Low- and moderate-income community financial
institution.--The term `low- and moderate-income community
financial institution' means any financial institution that
is--
``(A) a community development financial institution, as
defined in section 103 of the Riegle Community Development
and Regulatory Improvement Act of 1994 (12 U.S.C. 4702); or
``(B) a minority depository institution.
``(8) Minority depository institution.--The term `minority
depository institution'--
``(A) has the meaning given that term under section 308 of
the Financial Institutions Reform, Recovery, and Enforcement
Act of 1989 (12 U.S.C. 1463 note);
``(B) means an entity considered to be a minority
depository institution by--
``(i) the appropriate Federal banking agency (as such term
is defined under section 3 of the Federal Deposit Insurance
Act); or
``(ii) the National Credit Union Administration, in the
case of an insured credit union; and
``(C) means an entity listed in the Federal Deposit
Insurance Corporation's Minority Depository Institutions List
published for the Second Quarter 2020.'';
(2) in section 4003 (15 U.S.C. 9042), by adding at the end
the following:
``(i) Neighborhood Capital Investment Program.--
``(1) Definitions.--In this subsection--
``(A) the term `community development financial
institution' has the meaning given the term in section 103 of
the Riegle Community Development and Regulatory Improvement
Act of 1994 (12 U.S.C. 4702);
``(B) the term `Fund' means the Community Development
Financial Institutions Fund established under section 104(a)
of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4703(a));
``(C) the term `minority' means any Black American, Native
American, Hispanic American, or Asian American;
``(D) the term `Program' means the Neighborhood Capital
Investment Program established under paragraph (2); and
``(E) the `Secretary' means the Secretary of the Treasury.
``(2) Establishment.--The Secretary of the Treasury shall
establish a Neighborhood Capital Investment Program (the
`Program') to support the efforts of low- and moderate-income
community financial institutions to, among other things,
provide loans and forbearance for small businesses, minority-
owned businesses, and consumers, especially in low-income and
underserved communities, by providing direct capital
investments in low- and moderate-income community financial
institutions.
``(3) Application.--
``(A) Acceptance.--The Secretary shall begin accepting
applications for capital investments under the Program not
later than the end of the 30-day period beginning on the date
of enactment of this subsection, with priority in
distribution given to low- and moderate-income community
financial institutions that are minority lending
institutions, as defined under section 103 of the Community
Development Banking and Financial Institutions Act of 1994
(12 U.S.C. 4702).
``(B) Requirement to provide a neighborhood investment
lending plan.--
[[Page S6255]]
``(i) In general.--At the time that an applicant submits an
application to the Secretary for a capital investment under
the Program, the applicant shall provide the Secretary, along
with the appropriate Federal banking agency, an investment
and lending plan that--
``(I) demonstrates that not less than 30 percent of the
lending of the applicant over the past 2 fiscal years was
made directly to low- and moderate income borrowers, to
borrowers that create direct benefits for low- and moderate-
income populations, to other targeted populations as defined
by the Fund, or any combination thereof, as measured by the
total number and dollar amount of loans;
``(II) describes how the business strategy and operating
goals of the applicant will address community development
needs, which includes the needs of small businesses,
consumers, nonprofit organizations, community development,
and other projects providing direct benefits to low- and
moderate-income communities, low-income individuals, and
minorities within the minority, rural, and urban low-income
and underserved areas served by the applicant;
``(III) includes a plan to provide linguistically and
culturally appropriate outreach, where appropriate;
``(IV) includes an attestation by the applicant that the
applicant does not own, service, or offer any financial
products at an annual percentage rate of more than 36 percent
interest, as defined in section 987(i)(4) of title 10, United
States Code, and is compliant with State interest rate laws;
and
``(V) includes details on how the applicant plans to expand
or maintain significant lending or investment activity in
low- or moderate-income minority communities, to historically
disadvantaged borrowers, and to minorities that have
significant unmet capital or financial services needs.
``(ii) Community development loan funds.--An applicant that
is not an insured community development financial institution
or otherwise regulated by a Federal financial regulator shall
submit the plan described in clause (i) only to the
Secretary.
``(iii) Documentation.--In the case of an applicant that is
certified as a community development financial institution as
of the date of enactment of this subsection, for purposes of
clause (i)(I), the Secretary may rely on documentation
submitted the Fund as part of certification compliance
reporting.
``(4) Incentives to increase lending and provide affordable
credit.--
``(A) Requirements on preferred stock and other financial
instrument.--Any financial instrument issued to Treasury by a
low- and moderate-income community financial institution
under the Program shall provide the following:
``(i) No dividends, interest or other payments shall exceed
2 percent per annum.
``(ii) After the first 24 months from the date of the
capital investment under the Program, annual payments may be
required, as determined by the Secretary and in accordance
with this section, and adjusted downward based on the amount
of affordable credit provided by the low- and moderate-income
community financial institution to borrowers in minority,
rural, and urban low-income and underserved communities.
``(iii) During any calendar quarter after the initial 24-
month period referred to in clause (ii), the annual payment
rate of a low- and moderate-income community financial
institution shall be adjusted downward to reflect the
following schedule, based on lending by the institution
relative to the baseline period:
``(I) If the institution in the most recent annual period
prior to the investment provides significant lending or
investment activity in low- or moderate-income minority
communities, historically disadvantaged borrowers, and to
minorities that have significant unmet capital or financial
services, the annual payment rate shall not exceed 0.5
percent per annum.
``(II) If the amount of lending within minority, rural, and
urban low-income and underserved communities and to low- and
moderate-income borrowers has increased dollar for dollar
based on the amount of the capital investment, the annual
payment rate shall not exceed 1 percent per annum.
``(III) If the amount of lending within minority, rural,
and urban low-income and underserved communities and to low-
and moderate-income borrowers has increased by twice the
amount of the capital investment, the annual payment rate
shall not exceed 0.5 percent per annum.
``(B) Contingency of payments based on certain financial
criteria.--
``(i) Deferral.--Any annual payments under this subsection
shall be deferred in any quarter or payment period if any of
the following is true:
``(I) The low- and moderate-income community institution
fails to meet the Tier 1 capital ratio or similar ratio as
determined by the Secretary.
``(II) The low- and moderate-income community financial
institution fails to achieve positive net income for the
quarter or payment period.
``(III) The low- and moderate-income community financial
institution determines that the payment would be detrimental
to the financial health of the institution.
``(ii) Testing during next payment period.--Any deferred
annual payment under this subsection shall be tested against
the metrics described in clause (i) at the beginning of the
next payment period, and such payments shall continue to be
deferred until the metrics described in that clause are no
longer applicable.
``(5) Restrictions.--
``(A) In general.--Each low- and moderate-income community
financial institution may only issue financial instruments or
senior preferred stock under this subsection with an
aggregate principal amount that is--
``(i) not more than 15 percent of risk-weighted assets for
an institution with assets of more than $2,000,000,000;
``(ii) not more than 25 percent of risk-weighted assets for
an institution with assets of not less than $500,000,000 and
not more than $2,000,000,000; and
``(iii) not more than 30 percent of risk-weighted assets
for an institution with assets of less than $500,000,000.
``(B) Holding of instruments.--Holding any instrument of a
low- and moderate-income community financial institution
described in subparagraph (A) shall not give the Treasury or
any successor that owns the instrument any rights over the
management of the institution.
``(C) Sale of interest.--With respect to a capital
investment made into a low- and moderate-income community
financial institution under this subsection, the Secretary--
``(i) except as provided in clause (iv), during the 10-year
period following the investment, may not sell the interest of
the Secretary in the capital investment to a third party;
``(ii) shall provide the low- and moderate-income community
financial institution a right of first refusal to buy back
the investment under terms that do not exceed a value as
determined by an independent third party; and
``(iii) shall not sell more than a 5 percent ownership
interest in the capital investment to a single third party;
and
``(iv) with the permission of the institution, may gift or
sell the interest of the Secretary in the capital investment
for a de minimus amount to a mission aligned nonprofit
affiliate of an applicant that is an insured community
development financial institution, as defined in section 103
of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4702).
``(v) Calculation of ownership for minority depository
institutions.--The calculation and determination of ownership
thresholds for a depository institution to qualify as a
minority depository institution described in section
4002(7)(B) shall exclude any dilutive effect of equity
investments by the Federal Government, including under the
Program or through the Fund.
``(6) Available amounts.--In carrying out the Program, the
Secretary shall use not more than $13,000,000,000, from
amounts appropriated under section 4027, and shall use not
less than $7,000,000,000 of such amount for direct capital
investments under the Program.
``(7) Treatment of capital investments.--In making any
capital investment under the Program, the Secretary shall
ensure that the terms of the investment are designed to
ensure the investment receives Tier 1 capital treatment.
``(8) Outreach to minorities.--The Secretary shall require
low- and moderate-income community financial institutions
receiving capital investments under the Program to provide
linguistically and culturally appropriate outreach and
advertising describing the availability and application
process of receiving loans made possible by the Program
through organizations, trade associations, and individuals
that represent or work within or are members of minority
communities.
``(9) Restrictions.--
``(A) In general.--Not later than the end of the 30-day
period beginning on the date of enactment of this subsection,
the Secretary of the Treasury shall issue rules setting
restrictions on executive compensation, share buybacks, and
dividend payments for recipients of capital investments under
the Program.
``(B) Rule of construction.--The provisions of section 4019
apply to investments made under the Program.
``(10) Termination of investment authority.--The authority
to make capital investments in low- and moderate-income
community financial institutions, including commitments to
purchase preferred stock or other instruments, provided under
the Program shall terminate on the date that is 36 months
after the date of enactment of this subsection.
``(11) Collection of data.--Notwithstanding the Equal
Credit Opportunity Act (15 U.S.C. 1691 et seq.)--
``(A) any low- and moderate-income community financial
institution may collect data described in section 701(a)(1)
of that Act (15 U.S.C. 1691(a)(1)) from borrowers and
applicants for credit for the purpose of monitoring
compliance under the plan required under paragraph (4)(B);
and
``(B) a low- and moderate-income community financial
institution that collects the data described in subparagraph
(A) shall not be subject to adverse action related to that
collection by the Bureau of Consumer Financial Protection or
any other Federal agency.
``(12) Deposit of funds.--All funds received by the
Secretary in connection with purchases made pursuant this
subsection, including interest payments, dividend payments,
and proceeds from the sale of any financial instrument, shall
be deposited into the Fund and used to provide financial and
technical assistance pursuant to section 108
[[Page S6256]]
of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4707), except that
subsection (e) of that section shall be waived.
``(13) Equity equivalent investment option.--
``(A) In general.--The Secretary shall establish an Equity
Equivalent Investment Option, under which, with respect to a
specific investment in a low- and moderate-income community
financial institution--
``(i) 80 percent of such investment is made by the
Secretary under the Program; and
``(ii) 20 percent of such investment if made by a banking
institution.
``(B) Requirement to follow similar terms and conditions.--
The terms and conditions applicable to investments made by
the Secretary under the Program shall apply to any investment
made by a banking institution under this paragraph.
``(C) Limitations.--The amount of a specific investment
described under subparagraph (A) may not exceed $10,000,000,
but the receipt of an investment under subparagraph (A) shall
not preclude the recipient from being eligible for other
assistance under the Program.
``(D) Banking institution defined.--In this paragraph, the
term `banking institution' means any entity with respect to
which there is an appropriate Federal banking agency under
section 3 of the Federal Deposit Insurance Act.
``(j) Application of the Military Lending Act.--
``(1) In general.--No low- and moderate-income community
financial institution that receives an equity investment
under subsection (i) shall, for so long as the investment or
participation continues, make any loan at an annualized
percentage rate above 36 percent, as determined in accordance
with section 987(b) of title 10, United States Code (commonly
known as the `Military Lending Act)'.
``(2) No exemptions permitted.--The exemption authority of
the Bureau under section 105(f) of the Truth in Lending Act
(15 U.S.C. 1604(f)) shall not apply with respect to this
subsection.''.
SEC. 706. EMERGENCY SUPPORT FOR CDFIS AND COMMUNITIES.
(a) Authorization of Appropriations.--There is authorized
to be appropriated to the Community Development Financial
Institutions Fund $2,000,000,000 for fiscal year 2021, 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.
(b) Set Asides.--Of the amounts appropriated pursuant to
the authorization under subsection (a), the following amounts
shall be set aside:
(1) Up to $400,000,000, to remain available until expended,
to provide grants to community development financial
institutions--
(A) to expand lending or investment activity in low- or
moderate-income minority communities and to minorities that
have significant unmet capital or financial services needs,
of which not less than $10,000,000 may be for grants to
benefit Native American, Native Hawaiian, and Alaska Native
communities; and
(B) using a formula that takes into account criteria such
as certification status, financial and compliance
performance, portfolio and balance sheet strength, a
diversity of community development financial institution
business model types, and program capacity, as well as
experience making loans and investments to those areas and
populations identified in this paragraph.
(2) Up to $160,000,000, to remain available until expended,
for technical assistance, technology, and training under
sections 108(a)(1)(B) and 109, respectively, of the Riegle
Community Development and Regulatory Improvement Act of 1994
(12 U.S.C. 4707(a)(1)(B), 4708), with a preference for
minority lending institutions.
(3) Up to $800,000,000, to remain available until expended,
shall be for providing financial assistance, technical
assistance, awards, training, and outreach programs described
under subsection (a) to recipients that are minority lending
institutions.
(c) Administrative Expenses.--Funds appropriated pursuant
to the authorization under subsection (a) may be used for
administrative expenses, including administration of Fund
programs and the New Markets Tax Credit Program under section
45D of the Internal Revenue Code.
(d) Definitions.--In this section:
(1) CDFI.--The term ``CDFI'' means a community development
financial institution, as defined in section 103 of the
Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4702).
(2) Fund.--The term ``Fund'' means the Community
Development Financial Institutions Fund established under
section 104(a) of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).
(3) Minority; minority lending institution.--The terms
``minority'' and ``minority lending institution'' have the
meaning given those terms, respectively, under section 103 of
the Community Development Banking and Financial Institutions
Act of 1994 (12 U.S.C. 4702).
SEC. 707. ENSURING DIVERSITY IN COMMUNITY BANKING.
(a) Sense of Congress on Funding the Loan-loss Reserve Fund
for Small Dollar Loans.--The sense of Congress is the
following:
(1) The Community Development Financial Institutions Fund
(the ``CDFI Fund'') is an agency of the Department of the
Treasury, and was established by the Riegle Community
Development and Regulatory Improvement Act of 1994. The
mission of the CDFI Fund is ``to expand economic opportunity
for underserved people and communities by supporting the
growth and capacity of a national network of community
development lenders, investors, and financial service
providers''. A community development financial institution (a
``CDFI'') is a specialized financial institution serving low-
income communities and a Community Development Entity (a
``CDE'') is a domestic corporation or partnership that is an
intermediary vehicle for the provision of loans, investments,
or financial counseling in low-income communities. The CDFI
Fund certifies CDFIs and CDEs. Becoming a certified CDFI or
CDE allows organizations to participate in various CDFI Fund
programs as follows:
(A) The Bank Enterprise Award Program, which provides FDIC-
insured depository institutions awards for a demonstrated
increase in lending and investments in distressed communities
and CDFIs.
(B) The CDFI Program, which provides Financial and
Technical Assistance awards to CDFIs to reinvest in the CDFI,
and to build the capacity of the CDFI, including financing
product development and loan loss reserves.
(C) The Native American CDFI Assistance Program, which
provides CDFIs and sponsoring entities Financial and
Technical Assistance awards to increase lending and grow the
number of CDFIs owned by Native Americans to help build
capacity of such CDFIs.
(D) The New Market Tax Credit Program, which provides tax
credits for making equity investments in CDEs that stimulate
capital investments in low-income communities.
(E) The Capital Magnet Fund, which provides awards to CDFIs
and nonprofit affordable housing organizations to finance
affordable housing solutions and related economic development
activities.
(F) The Bond Guarantee Program, a source of long-term,
patient capital for CDFIs to expand lending and investment
capacity for community and economic development purposes.
(2) The Department of the Treasury is authorized to create
multi-year grant programs designed to encourage low-to-
moderate income individuals to establish accounts at
federally insured banks, and to improve low-to-moderate
income individuals' access to such accounts on reasonable
terms.
(3) Under this authority, grants to participants in CDFI
Fund programs may be used for loan-loss reserves and to
establish small-dollar loan programs by subsidizing related
losses. These grants also allow for the providing recipients
with the financial counseling and education necessary to
conduct transactions and manage their accounts. These loans
provide low-cost alternatives to payday loans and other
nontraditional forms of financing that often impose excessive
interest rates and fees on borrowers, and lead millions of
Americans to fall into debt traps. Small-dollar loans can
only be made pursuant to terms, conditions, and practices
that are reasonable for the individual consumer obtaining the
loan.
(4) Program participation is restricted to eligible
institutions, which are limited to organizations listed in
section 501(c)(3) of the Internal Revenue Code and exempt
from tax under 501(a) of such Code, federally insured
depository institutions, community development financial
institutions and State, local, or Tribal government entities.
(5) Since its founding, the CDFI Fund has awarded over
$3,300,000,000 to CDFIs and CDEs, allocated $54,000,000,000
in tax credits, and $1,510,000,000 in bond guarantees.
According to the CDFI Fund, some programs attract as much as
$10 in private capital for every $1 invested by the CDFI
Fund. The Administration and the Congress should prioritize
appropriation of funds for the loan loss reserve fund and
technical assistance programs administered by the Community
Development Financial Institution Fund.
(b) Definitions.--In this section:
(1) Community development financial institution.--The term
``community development financial institution'' has the
meaning given under section 103 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12 U.S.C.
4702).
(2) Minority depository institution.--The term ``minority
depository institution'' has the meaning given under section
308 of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (12 U.S.C. 1463 note).
(c) Establishment of Impact Bank Designation.--
(1) In general.--Each 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
[[Page S6257]]
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) Notification of eligibility.--Based on data obtained
through examinations of depository institutions, the
appropriate Federal banking agency shall notify a depository
institution if the institution is eligible to be designated
as an impact bank.
(3) Application.--Regardless of whether or not it has
received a notice of eligibility under paragraph (2), a
depository institution may submit an application to the
appropriate Federal banking agency--
(A) requesting to be designated as an impact bank; and
(B) demonstrating that the depository institution meets the
applicable qualifications.
(4) Limitation on additional data requirements.--The
Federal banking agencies may only impose additional data
collection requirements on a depository institution under
this subsection if such data is--
(A) necessary to process an application submitted by the
depository institution to be designated an impact bank; or
(B) with respect to a depository institution that is
designated as an impact bank, necessary to ensure the
depository institution's ongoing qualifications to maintain
such designation.
(5) Removal of designation.--If the 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.--Under such
procedures as the Federal banking agencies may establish, 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 of such determination.
(7) Rulemaking.--Not later than 1 year after the date of
the enactment of this Act, the Federal banking agencies shall
jointly issue rules to carry out the requirements of this
subsection, including by providing a definition of a low-
income borrower.
(8) Reports.--Each Federal banking agency shall submit an
annual report to the Congress containing a description of
actions taken to carry out this subsection.
(9) Federal deposit insurance act definitions.--In this
subsection, the terms ``depository institution'',
``appropriate Federal banking agency'', and ``Federal banking
agency'' have the meanings given such terms, respectively, in
section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813).
(d) Minority Depositories Advisory Committees.--
(1) Establishment.--Each covered regulator shall establish
an advisory committee to be called the ``Minority
Depositories Advisory Committee''.
(2) Duties.--Each Minority Depositories 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 Depositories
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 covered minority institutions.
(3) Membership.--
(A) In general.--Each Minority Depositories 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 the Minority
Depositories Advisory Committee of such agency reflect the
diversity of covered minority institutions.
(4) Meetings.--
(A) In general.--Each Minority Depositories Advisory
Committee shall meet not less frequently than twice each
year.
(B) Notice and invitations.--Each Minority Depositories
Advisory Committee shall--
(i) notify the Committee on Financial Services of the House
of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate in advance of each meeting of the
Minority Depositories Advisory Committee; and
(ii) invite the attendance at each meeting of the Minority
Depositories 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
Depositories Advisory Committee established pursuant to this
subsection.
(6) Definitions.--In this subsection:
(A) Covered regulator.--The term ``covered regulator''
means the Comptroller of the Currency, the Board of Governors
of the Federal Reserve System, the Federal Deposit Insurance
Corporation, and the National Credit Union Administration.
(B) Covered minority institution.--The term ``covered
minority institution'' means a minority depository
institution (as defined in section 308(b) of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989
(12 U.S.C. 1463 note)).
(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)).''.
(e) 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 in
section 337.6(e)(2)(v) of title 12, Code of Federal
Regulations (as in effect on March 6, 2019).''; and
(B) in subsection (b), as amended by subsection (d)(7), by
adding at the end the following new paragraph:
``(4) Impact bank.--The term `impact bank' means a
depository institution designated by the appropriate Federal
banking agency pursuant to section 707(c) of the Promoting
and Advancing Communities of Color through Inclusive Lending
Act.''.
(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''.
(f) 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 DEPOSITORY
INSTITUTIONS.
``(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 depository institutions.
``(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 depository institution;
``(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 depository
institution 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 prioritize, to the
maximum extent possible as permitted by law and consistent
with principles of sound financial management, the use of
minority depository institutions
[[Page S6258]]
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 depository institutions to
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 depository institution.--The term `minority
depository institution' has the meaning given that term under
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)).
(g) 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 depository
institutions and credit unions 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.
(h) 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) to vote 25 per centum or more of any class of
voting securities of an insured depository institution; or
``(II) with respect to an insured depository institution
that is an impact bank (as designated pursuant to section
707(c) of the Promoting and Advancing Communities of Color
through Inclusive Lending Act) 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 Federal banking agencies (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 to allow 3 years to meet the capital
requirements otherwise applicable to minority depository
institutions.
(3) Report.--Not later than 1 year after the date of the
enactment of this Act, the 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
(C) regulatory and legislative considerations to promote
the establishment of de novo minority depository
institutions.
(i) 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.
(j) 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) consult with the Federal banking agencies;
(B) 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
(C) 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) Limitations.--
(A) Deposits.--With respect to the funds of an individual
qualifying account, an entity may not deposit an amount
greater than the insured amount in a single covered bank.
(B) Total deposits.--The total amount of funds deposited in
a covered bank under the custodial deposit program described
under this subsection may not exceed the lesser of--
(i) 10 percent of the average amount of deposits held by
such covered bank in the previous quarter; or
(ii) $100,000,000 (as adjusted for inflation).
(4) 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.
(5) 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 appropriate Federal banking
agency; or
(ii) a depository institution designated pursuant to
subsection (c) that is well capitalized, as defined by the
appropriate Federal banking agency.
(B) Insured amount.--The term ``insured amount'' means the
amount that is the greater of--
(i) the standard maximum deposit insurance amount (as
defined in section 11(a)(1)(E) of the Federal Deposit
Insurance Act (12 U.S.C. 1821(a)(1)(E))); or
(ii) such higher amount negotiated between the Secretary of
the Treasury and the Federal Deposit Insurance Corporation
under which the Corporation will insure all deposits of such
higher amount.
(C) Federal banking agencies.--The terms ``appropriate
Federal banking agency'' and ``Federal banking agencies''
have the meaning given those terms, respectively, under
section 3 of the Federal Deposit Insurance Act.
(D) 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.
(k) 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
[[Page S6259]]
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
section 707(c) of the Promoting and Advancing Communities of
Color through Inclusive Lending Act); 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.
(l) 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.
SEC. 708. ESTABLISHMENT OF FINANCIAL AGENT PARTNERSHIP
PROGRAM.
(a) In General.--Section 308 of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463
note), as amended by section 706(e), is further amended by
adding at the end the following new subsection:
``(e) Financial Agent Partnership Program.--
``(1) In general.--The Secretary of the Treasury shall
establish a program to be known as the `Financial Agent
Partnership Program' (in this subsection referred to as the
`Program') under which a financial agent designated by the
Secretary or a large financial institution may serve as a
mentor, under guidance or regulations prescribed by the
Secretary, to a small financial institution to allow such
small financial institution--
``(A) to be prepared to perform as a financial agent; or
``(B) to improve capacity to provide services to the
customers of the small financial institution.
``(2) Outreach.--The Secretary shall hold outreach events
to promote the participation of financial agents, large
financial institutions, and small financial institutions in
the Program at least once a year.
``(3) Financial partnerships.--
``(A) In general.--Any large financial institution
participating in a program with the Department of the
Treasury, if not already required to include a small
financial institution, shall offer not more than 5 percent of
every contract under that program to a small financial
institution.
``(B) Acceptance of risk.--As a requirement of
participation in a contract described under subparagraph (A),
a small financial institution shall accept the risk of the
transaction equivalent to the percentage of any fee the
institution receives under the contract.
``(C) Partner.--A large financial institution partner may
work with small financial institutions, if necessary, to
train professionals to understand any risks involved in a
contract under the Program.
``(D) Increased limit for certain institutions.--With
respect to a program described under subparagraph (A), if the
Secretary of the Treasury determines that it would be
appropriate and would encourage capacity building, the
Secretary may alter the requirements under subparagraph (A)
to require both--
``(i) a higher percentage of the contract be offered to a
small financial institution; and
``(ii) require the small financial institution to be a
community development financial institution or a minority
depository institution.
``(4) Exclusion.--The Secretary shall issue guidance or
regulations to establish a process under which a financial
agent, large financial institution, or small financial
institution may be excluded from participation in the
Program.
``(5) Report.--The Office of Minority and Women Inclusion
of the Department of the Treasury shall include in the report
submitted to Congress under section 342(e) of the Dodd-Frank
Wall Street Reform and Consumer Protection Act information
pertaining to the Program, including--
``(A) the number of financial agents, large financial
institutions, and small financial institutions participating
in such Program; and
``(B) the number of outreach events described in paragraph
(2) held during the year covered by such report.
``(6) Definitions.--In this subsection:
``(A) Community development financial institution.--The
term `community development financial institution' has the
meaning given that term under section 103 of the Riegle
Community Development and Regulatory Improvement Act of 1994
(12 U.S.C. 4702).
``(B) Financial agent.--The term `financial agent' means
any national banking association designated by the Secretary
of the Treasury to be employed as a financial agent of the
Government.
``(C) Large financial institution.--The term `large
financial institution' means any entity 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 that
has total consolidated assets greater than or equal to
$50,000,000,000.
``(D) Small financial institution.--The term `small
financial institution' means--
``(i) any entity 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 that has total
consolidated assets lesser than or equal to $2,000,000,000;
or
``(ii) a minority depository institution.''.
(b) Effective Date.--This section and the amendments made
by this section shall take effect 90 days after the date of
the enactment of this Act.
SEC. 709. STRENGTHENING MINORITY LENDING INSTITUTIONS.
(a) Minority Lending Institution Set-aside in Providing
Assistance.--
(1) In general.--Section 108 of the Community Development
Banking and Financial Institutions Act of 1994 (12 U.S.C.
4707) is amended by adding at the end the following:
``(i) Minority Lending Institution Set-aside in Providing
Assistance.--Notwithstanding any other provision of law, in
providing any assistance, the Fund shall reserve 40 percent
of such assistance for minority lending institutions.''.
(2) Definitions.--
(A) In general.--Section 103 of the Community Development
Banking and Financial Institutions Act of 1994 (12 U.S.C.
4702) is amended by adding at the end the following:
``(22) Minority lending institution definitions.--
``(A) Minority.--The term `minority' means any Black
American, Hispanic American, Asian American, Native American,
Native Alaskan, Native Hawaiian, or Pacific Islander.
``(B) Minority lending institution.--The term `minority
lending institution' means a community development financial
institution--
``(i) with respect to which a majority of the total number
of loans and a majority of the value of investments of the
community development financial institution are directed at
minorities and other targeted populations;
``(ii) that is a minority depository institution, as
defined under section 308 of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463
note), or otherwise considered to be a minority depository
institution by the appropriate Federal banking agency; or
``(iii) that is 51 percent owned by one or more socially
and economically disadvantaged individuals.
``(C) Additional definitions.--In this paragraph, the terms
`other targeted populations' and `socially and economically
disadvantaged individual' shall have the meaning given those
terms by the Administrator.''.
(B) Temporary safe harbor for certain institutions.--A
community development financial institution that is a
minority depository institution listed in the Federal Deposit
Insurance Corporation's Minority Depository Institutions List
published for the Second Quarter 2020 shall be deemed a
``minority lending institution'' under section 103(22) of the
Community Development Banking and Financial Institutions Act
of 1994 for purposes of--
(i) any program carried out using appropriations authorized
for the Community Development Financial Institutions Fund
under section 706; and
(ii) the Neighborhood Capital Investment Program
established under section 4003(i) of the CARES Act.
(b) Office of Minority Lending Institutions.--Section 104
of the Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4703) is amended by
adding at the end the following:
``(l) Office of Minority Lending Institutions.--
[[Page S6260]]
``(1) Establishment.--There is established within the Fund
an Office of Minority Lending Institutions, which shall
oversee assistance provided by the Fund to minority lending
institutions.
``(2) Deputy director.--The head of the Office shall be the
Deputy Director of Minority Lending Institutions, who shall
report directly to the Administrator of the Fund.''.
(c) Reporting on Minority Lending Institutions.--Section
117 of the Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4716) is amended by
adding at the end the following:
``(g) Reporting on Minority Lending Institutions.--Each
report required under subsection (a) shall include a
description of the extent to which assistance from the Fund
are provided to minority lending institutions.''.
(d) Submission of Data Relating to Diversity by Community
Development Financial Institutions.--Section 104 of the
Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4703) is amended by adding at the end the
following:
``(l) Submission of Data Relating to Diversity.--
``(1) Definitions.--In this subsection--
``(A) the term `executive officer' has the meaning given
the term in section 230.501(f) of title 17, Code of Federal
Regulations, as in effect on the date of enactment of this
subsection; and
``(B) the term `veteran' has the meaning given the term in
section 101 of title 38, United States Code.
``(2) Submission of disclosure.--Each Fund applicant and
recipient shall provide the following:
``(A) Data, based on voluntary self-identification, on the
racial, ethnic, and gender composition of--
``(i) the board of directors of the institution;
``(ii) nominees for the board of directors of the
institution; and
``(iii) the executive officers of the institution.
``(B) The status of any member of the board of directors of
the institution, any nominee for the board of directors of
the institution, or any executive officer of the institution,
based on voluntary self-identification, as a veteran.
``(C) Whether the board of directors of the institution, or
any committee of that board of directors, has, as of the date
on which the institution makes a disclosure under this
paragraph, adopted any policy, plan, or strategy to promote
racial, ethnic, and gender diversity among--
``(i) the board of directors of the institution;
``(ii) nominees for the board of directors of the
institution; or
``(iii) the executive officers of the institution.
``(3) Annual report.--Not later than 18 months after the
date of enactment of this subsection, and annually
thereafter, the Fund shall submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives, and make publicly available on the website
of the Fund, a report--
``(A) on the data and trends of the diversity information
made available pursuant to paragraph (2); and
``(B) containing all administrative or legislative
recommendations of the Fund to enhance the implementation of
this title or to promote diversity and inclusion within
community development financial institutions.''.
SEC. 710. CDFI BOND GUARANTEE REFORM.
Effective October 1, 2020, section 114A(e)(2)(B) of the
Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4713a(e)(2)(B)) is amended by striking
``$100,000,000'' and inserting ``$50,000,000''.
SEC. 711. REPORTS.
(a) In General.--The Secretary of the Treasury shall
provide to the appropriate committees of Congress--
(1) within 30 days of the end of each month commencing with
the first month in which transactions are made under a
program established under this title or the amendments made
by this title, a written report describing all of the
transactions made during the reporting period pursuant to the
authorities granted under this title or the amendments made
by this title; and
(2) after the end of March and the end of September,
commencing March 31, 2021, a written report on all projected
costs and liabilities, all operating expenses, including
compensation for financial agents, and all transactions made
by the Community Development Financial Institutions Fund,
including participating institutions and amounts each
institution has received under each program described in
paragraph (1).
(b) Breakdown of Funds.--Each report required under
subsection (a) shall specify the amount of funds under each
program described under subsection (a)(1) that went to--
(1) minority depository institutions that are depository
institutions;
(2) minority depository institutions that are credit
unions;
(3) minority lending institutions;
(4) community development financial institution loan funds;
(5) community development financial institutions that are
depository institutions; and
(6) community development financial institutions that are
credit unions.
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
(2) Community development financial institution.--The term
``community development financial institution'' has the
meaning given that term under section 103 of the Riegle
Community Development and Regulatory Improvement Act of 1994.
(3) Credit union.--The term ``credit union'' means a State
credit union or a Federal credit union, as such terms are
defined, respectively, under section 101 of the Federal
Credit Union Act.
(4) Depository institution.--The term ``depository
institution'' has the meaning given that term under section 3
of the Federal Deposit Insurance Act.
(5) Minority depository institution.--The term ``minority
depository institution'' has the meaning given under section
308 of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 .
(6) Minority lending institution.--The term ``minority
lending institution'' has the meaning given that term under
section 103 of the Community Development Banking and
Financial Institutions Act of 1994.
SEC. 712. INSPECTOR GENERAL OVERSIGHT.
(a) In General.--The Inspector General of the Department of
the Treasury shall conduct, supervise, and coordinate audits
and investigations of any program established under this
title or the amendments made by this title.
(b) Reporting.--The Inspector General of the Department of
the Treasury shall issue a report not less frequently than 2
times per year to Congress and the Secretary of the Treasury
relating to the oversight provided by the Office of the
Inspector General, including any recommendations for
improvements to the programs described in subsection (a).
SEC. 713. STUDY AND REPORT WITH RESPECT TO IMPACT OF PROGRAMS
ON LOW- AND MODERATE-INCOME AND MINORITY
COMMUNITIES.
(a) Study.--The Secretary of the Treasury shall conduct a
study of the impact of the programs established under this
title or any amendment made by this title on low- and
moderate-income and minority communities.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to Congress
a report on the results of the study conducted pursuant to
subsection (a), which shall include, to the extent possible,
the results of the study disaggregated by ethnic group.
(c) Information Provided to the Secretary.--Eligible
institutions that participate in any of the programs
described in subsection (a) shall provide the Secretary of
the Treasury with such information as the Secretary may
require to carry out the study required by this section.
TITLE VIII--PROVIDING ASSISTANCE FOR STATE, TERRITORY, TRIBAL, AND
LOCAL GOVERNMENTS
SEC. 801. 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 February 1,
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.
[[Page S6261]]
SEC. 802. 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 ``12 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--SUPPORT FOR A ROBUST GLOBAL RESPONSE TO THE COVID-19 PANDEMIC
SEC. 901. UNITED STATES POLICIES.
(a) United States Policies at the International Financial
Institutions.--
(1) In general.--The Secretary of the Treasury shall
instruct the United States Executive Director at each
international financial institution (as defined in section
1701(c)(2) of the International Financial Institutions Act
(22 U.S.C. 262r(c)(2))) to use the voice and vote of the
United States at the respective institution--
(A) to seek to ensure adequate fiscal space for world
economies in response to the global coronavirus disease 2019
(commonly referred to as ``COVID-19'') pandemic through--
(i) the suspension of all debt service payments to the
institution; and
(ii) the relaxation of fiscal targets for any government
operating a program supported by the institution, or seeking
financing from the institution, in response to the pandemic;
(B) to oppose the approval or endorsement of any loan,
grant, document, or strategy that would lead to a decrease in
health care spending or in any other spending that would
impede the ability of any country to prevent or contain the
spread of, or treat persons who are or may be infected with,
the SARS-CoV-2 virus; and
(C) to require approval of all Special Drawing Rights
allocation transfers from wealthier member countries to
countries that are emerging markets or developing countries,
based on confirmation of implementable transparency
mechanisms or protocols to ensure the allocations are used
for the public good and in response the global pandemic.
(2) IMF issuance of special drawing rights.--It is the
policy of the United States to support the issuance of a
special allocation of not less than 2,000,000,000,000 Special
Drawing Rights so that governments are able to access
additional resources to finance their responses to the global
COVID-19 pandemic. The Secretary of the Treasury shall use
the voice and vote of the United States to support the
issuance, and shall instruct the United States Executive
Director at the International Monetary Fund to support the
same.
(3) Allocation of u.s. special drawing rights.--It is also
the policy of the United States, which has large reserves and
little use for its Special Drawing Rights, to contribute a
significant portion of its current stock, and any future
allocation of, Special Drawing Rights to the Poverty
Reduction and Growth Facility (PRGF) or a similar special
purpose vehicle at the International Monetary Fund to help
developing and low-income countries respond to the health and
economic impacts of the COVID-19 pandemic.
(4) Implementation.--The Secretary of the Treasury shall
instruct the United States Executive Director at the
International Monetary Fund to use the voice and vote of the
United States to actively promote and take all appropriate
actions with respect to implementing the policy goals of the
United States set forth in paragraphs (2) and (3), and shall
post the instruction on the website of the Department of the
Treasury.
(b) United States Policy at the G20.--The Secretary of the
Treasury shall commence immediate efforts to reach an
agreement with the Group of Twenty to extend through the end
of 2021 the current moratorium on debt service payments to
official bilateral creditors by the world's poorest
countries.
(c) Report Required.--The Chairman of the National Advisory
Council on International Monetary and Financial Policies
shall include in the annual report required by section 1701
of the International Financial Institutions Act (22 U.S.C.
262r) a description of progress made toward advancing the
policies described in subsection (a) of this section.
(d) Termination.--Subsections (a) and (c) shall have no
force or effect after the earlier of--
(1) the date that is 1 year after the date of the enactment
of this Act; or
(2) the date that is 30 days after the date on which the
Secretary of the Treasury submits to the Committee on Foreign
Relations of the Senate and the Committee on Financial
Services of the House of Representatives a report stating
that the SARS-CoV-2 virus is no longer a serious threat to
public health in any part of the world.
TITLE X--PROVIDING OVERSIGHT AND PROTECTING TAXPAYERS
SEC. 1001. 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. 1002. 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. 1003. 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;''.
[[Page S6262]]
SEC. 1004. ADDITIONAL REPORTING ON FUNDING FOR DIVERSE-OWNED
BUSINESSES.
Section 15010(d)(2) of the CARES Act (Public Law 116-136)
is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following:
``(C) The Committee shall submit to Congress, including the
appropriate congressional committees, quarterly reports that
include an analysis of Federal funds provided during the
pandemic that have been used to support communities of color,
including minority-owned businesses and minority depository
institutions, broken down by race and ethnicity.''; and
SEC. 1005. 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 P--ACCESS ACT
SEC. 101. SHORT TITLE.
This Act may be cited as the ``American Coronavirus/COVID-
19 Election Safety and Security Act'' or the ``ACCESS Act''.
SEC. 102. REQUIREMENTS FOR FEDERAL ELECTION CONTINGENCY PLANS
IN RESPONSE TO NATURAL DISASTERS AND
EMERGENCIES.
(a) In General.--
(1) Establishment.--Not later than 90 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. 103. 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.--
[[Page S6263]]
``(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.
``(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.--
``(1) In general.--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--
``(A) 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
``(B) 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.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to prohibit a State from having a law that
allows for counting of ballots in an election for Federal
office that are received through the mail after the date that
is 10 days after 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.
[[Page S6264]]
``(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 begin to apply on
that date that is 90 days after the date of the enactment of
this section.
``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. 104. 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
[[Page S6265]]
to elections occurring on or after the date of the enactment
of this Act.
SEC. 105. 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.).
``(d) Effective Date.--This section shall take effect on
the date that is 90 days after the date of the enactment of
this section, except that--
``(1) State and local jurisdictions shall make arrangements
with the United States Postal Service to pay for all postage
costs that such jurisdictions would be required to pay under
this section if this section took effect on the date of
enactment; and
``(2) States shall take all reasonable efforts to provide
self-sealing return envelopes as provided in this section.''.
(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. 106. 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. 107. 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:
[[Page S6266]]
``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''.
(4) Effective date.--The amendments made by this subsection
shall take effect on the date that is 90 days after the date
of the enactment of this subsection.
(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.--
[[Page S6267]]
``(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. 108. 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.
[[Page S6268]]
(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. 109. 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.--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.--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. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for payments
under this part such sums as may be necessary for fiscal year
2021.
``SEC. 297D. 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. 110. 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:
[[Page S6269]]
``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 2021, 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. 111. 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 2021, there is authorized to be appropriated $3,000,000
for fiscal year 2021 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. 112. 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--TRANSPORTATION AND INFRASTRUCTURE
TITLE I--AVIATION
SECTION 101. SHORT TITLE.
This title may be cited as the ``Payroll Support Program
Extension Act''.
SEC. 102. DEFINITIONS.
Unless otherwise specified, the definitions in section
40102(a) of title 49, United States Code, shall apply to this
title, except that--
(1) the term ``airline catering employee'' means an
employee who performs airline catering services;
(2) the term ``airline catering services"'' means
preparation, assembly, or both, of food, beverages,
provisions and related supplies for delivery, and the
delivery of such items, directly to aircraft or to a location
on or near airport property for subsequent delivery to
aircraft;
(3) the term ``contractor'' means--
(A) a person that performs, under contract with a passenger
air carrier conducting operations under part 121 of title 14,
Code of Federal Regulations--
(i) catering functions; or
(ii) functions on the property of an airport that are
directly related to the air transportation of persons,
property, or mail, including but not limited to the loading
and unloading of property on aircraft; assistance to
passengers under part 382 of title 14, Code of Federal
Regulations; security; airport ticketing and check-in
functions; ground-handling of aircraft; or aircraft cleaning
and sanitization functions and waste removal; or
(B) a subcontractor that performs such functions;
(4) the term ``employee'' means an individual, other than a
corporate officer, who is employed by an air carrier or a
contractor; and
(5) the term ``Secretary'' means the Secretary of the
Treasury.
SEC. 103. PANDEMIC RELIEF FOR AVIATION WORKERS.
(a) Financial Assistance for Employee Wages, Salaries, and
Benefits.--Notwithstanding any other provision of law, to
preserve aviation jobs and compensate air carrier industry
workers, the Secretary shall
[[Page S6270]]
provide financial assistance that shall exclusively be used
for the continuation of payment of employee wages, salaries,
and benefits to--
(1) passenger air carriers, in an aggregate amount up to
$25,000,000,000;
(2) cargo air carriers, in an aggregate amount up to
$300,000,000; and
(3) contractors, in an aggregate amount up to
$3,000,000,000.
(b) Administrative Expenses.--Notwithstanding any other
provision of law, the Secretary may use funds made available
under section 4112(b) of the CARES Act (15 U.S.C. 9072(b))
for costs and administrative expenses associated with
providing financial assistance under this title.
SEC. 104. PROCEDURES FOR PROVIDING PAYROLL SUPPORT.
(a) Awardable Amounts.--The Secretary shall provide
financial assistance under this title--
(1) to an air carrier required to file reports pursuant to
part 241 of title 14, Code of Federal Regulations, as of
March 27, 2020, in an amount equal to--
(A) the amount such air carrier received under section 4113
of the CARES Act (15 U.S.C. 9073); or
(B) at the request of such air carrier, or in the event
such an air carrier did not receive assistance under section
4113 of the CARES Act (15 U.S.C. 9073), the amount of the
salaries and benefits reported by the air carrier to the
Department of Transportation pursuant to such part 241, for
the period from October 1, 2019, through March 31, 2020;
(2) to an air carrier that did not transmit reports under
such part 241, as of March 27, 2020, in an amount equal to--
(A) the amount such air carrier received under section 4113
of the CARES Act (15 U.S.C. 9073), plus an additional 15
percent of such amount; or
(B) at the request of such air carrier, or in the event
such an air carrier did not receive assistance under section
4113 of the CARES Act (15 U.S.C. 9073), an amount that such
an air carrier certifies, using sworn financial statements or
other appropriate data, as the amount of total salaries and
related fringe benefits that such air carrier incurred and
would be required to be reported to the Department of
Transportation pursuant to such part 241, if the air carrier
were required to transmit such information during the period
from October 1, 2019, through March 31, 2020; and
(3) to a contractor in an amount equal to--
(A) the amount such contractor received under section 4113
of the CARES Act (15 U.S.C. 9073); or
(B) or in the event such contractor did not receive
assistance under section 4113 of the CARES Act (15 U.S.C.
9073), an amount that the contractor certifies, using sworn
financial statements or other appropriate data, as the amount
of wages, salaries, benefits, and other compensation that
such contractor paid the employees of such contractor during
the period from October 1, 2019, through March 31, 2020.
(b) Deadlines and Procedures.--
(1) In general.--
(A) Forms; terms and conditions.--Financial assistance
provided to an air carrier or contractor under this title
shall--
(i) be in such form, on such terms and conditions
(including requirements for audits and the clawback of any
financial assistance provided upon failure by a passenger air
carrier, cargo air carrier, or contractor to honor the
assurances specified in section 105 of this division), as
agreed to by the Secretary and the recipient for assistance
received under section 4113 of the CARES Act (15 U.S.C.
9073), except where inconsistent with this title; or
(ii) in the event such an air carrier or contractor did not
receive assistance under section 4113 of the CARES Act (15
U.S.C. 9073), be in such form, on such terms and conditions
(including requirements for audits and the clawback of any
financial assistance provided upon failure by a passenger air
carrier, cargo air carrier, or contractor to honor the
assurances specified in section 105 of this division), as the
Secretary determines appropriate.
(B) Procedures.--The Secretary shall publish streamlined
and expedited procedures not later than 5 days after the date
of enactment of this title for air carriers and contractors
to submit requests for financial assistance under this title.
(2) Deadline for immediate payroll assistance.--Not later
than 10 days after the date of enactment of this title, the
Secretary shall make initial payments to air carriers and
contractors that submit requests for financial assistance
approved by to the Secretary.
(d) Pro Rata Reductions.--The amounts under subsections
(a)(1)(B) and (a)(2)(B) shall, to the maximum extent
practicable, be subject to the same pro rata reduction
applied by the Secretary to air carriers or contractors, as
applicable, that received assistance under section 4113 of
the CARES Act (15 U.S.C. 9073).
(e) Audits.--The Inspector General of the Department of the
Treasury shall audit certifications made under subsection
(a).
SEC. 105. REQUIRED ASSURANCES.
(a) In General.--To be eligible for financial assistance
under this title, an air carrier or contractor shall enter
into an agreement with the Secretary, or otherwise certify in
such form and manner as the Secretary shall prescribe, that
the air carrier or contractor shall--
(1) refrain from conducting involuntary furloughs or
reducing pay rates and benefits until--
(A) with respect to air carriers, March 31, 2021; or
(B) with respect to contractors, March 31, 2021, or the
date on which the contractor exhausts such financial
assistance, whichever is later;
(2) ensure that neither the air carrier or contractor nor
any affiliate of the air carrier or contractor may, in any
transaction, purchase an equity security of the air carrier
or contractor or the parent company of the air carrier or
contractor that is listed on a national securities exchange
through--
(A) with respect to air carriers, March 31, 2022; or
(B) with respect to contractors, March 31, 2022, or the
date on which the contractor exhausts such financial
assistance, whichever is later;
(3) ensure that the air carrier or contractor shall not pay
dividends, or make other capital distributions, with respect
to common stock (or equivalent interest) of the air carrier
or contractor through--
(A) with respect to air carriers, March 31, 2022; or
(B) with respect to contractors, March 31, 2022, or the
date on which the contractor exhausts such financial
assistance, whichever is later;
(4) meet the requirements of sections 106 and 107 of this
division; and
(5) affirm that the air carrier or contractor has not
conducted involuntary furloughs or reduced pay rates and
benefits between--
(A) the date the air carrier or contractor entered into an
agreement with the Secretary for loans, loan guarantees,
other investments, or financial assistance under title IV of
the CARES Act (Public Law 116-136) and the date the air
carrier or contractor enters into an agreement with the
Secretary for financial assistance under this title; or
(B) in the case of an air carrier or contractor that did
not receive loans, loan guarantees, other investments, or
financial assistance under title IV of the CARES Act, the
date of enactment of this title and the date the air carrier
or contractor enters into an agreement with the Secretary for
funding under this title.
SEC. 106. PROTECTION OF COLLECTIVE BARGAINING AGREEMENTS.
(a) In General.--Neither the Secretary, nor any other
actor, department, or agency of the Federal Government, shall
condition the issuance of financial assistance under this
title on an air carrier's or contractor's implementation of
measures to enter into negotiations with the certified
bargaining representative of a craft or class of employees of
the air carrier or contractor under the Railway Labor Act (45
U.S.C. 151 et seq.) or the National Labor Relations Act (29
U.S.C. 151 et seq.), regarding pay or other terms and
conditions of employment.
(b) Air Carrier Period of Effect.--With respect to any air
carrier to which financial assistance is provided under this
title, this section shall be in effect with respect to the
air carrier beginning on the date on which the air carrier is
first issued such financial assistance and ending on March
31, 2021.
(c) Contractor Period of Effect.--With respect to any
contractor to which financial assistance is provided under
this title, this section shall be in effect with respect to
contractor beginning on the date on which the contractor is
first issued such financial assistance and ending on March
31, 2021, or until the date on which all funds are expended,
whichever is later.
SEC. 107. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION.
(a) In General.--The Secretary may only provide financial
assistance under this title to an air carrier or contractor
after such carrier or contractor enters into an agreement
with the Secretary which provides that, during the 2-year
period beginning October 1, 2020, and ending October 1, 2022,
no officer or employee of the air carrier or contractor whose
total compensation exceeded $425,000 in calendar year 2019
(other than an employee whose compensation is determined
through an existing collective bargaining agreement entered
into prior to enactment of this title)--
(1) will receive from the air carrier or contractor total
compensation which exceeds, during any 12 consecutive months
of such 2-year period, the total compensation received by the
officer or employee from the air carrier or contractor in
calendar year 2019;
(2) will receive from the air carrier or contractor
severance pay or other benefits upon termination of
employment with the air carrier or contractor which exceeds
twice the maximum total compensation received by the officer
or employee from the air carrier or contractor in calendar
year 2019; and
(3) no officer or employee of the air carrier or contractor
whose total compensation exceeded $3,000,000 in calendar year
2019 may receive during any 12 consecutive months of such
period total compensation in excess of the sum of--
(A) $3,000,000; and
(B) 50 percent of the excess over $3,000,000 of the total
compensation received by the officer or employee from the air
carrier or contractor in calendar year 2019.
(b) Total Compensation Defined.--In this section, the term
``total compensation'' includes salary, bonuses, awards of
stock, and other financial benefits provided by an air
carrier or contractor to an officer or employee of the air
carrier or contractor.
[[Page S6271]]
SEC. 108. MINIMUM AIR SERVICE GUARANTEES.
(a) In General.--The Secretary of Transportation is
authorized to require, to the extent reasonable and
practicable, an air carrier provided financial assistance
under this title to maintain scheduled air transportation, as
the Secretary of Transportation determines necessary, to
ensure services to any point served by that air carrier
before March 1, 2020, continues to receive a basic level of
air service.
(b) Required Considerations.--When considering whether to
exercise the authority provided by this section, the
Secretary of Transportation shall take into consideration the
air transportation needs of small and remote communities, the
need to maintain well-functioning health care supply chains,
including medical devices and supplies, and pharmaceutical
supply chains, and such other matters as the public interest
requires.
(c) Sunset.--The authority provided under this section
shall terminate on September 1, 2022, and any requirements
issued by the Secretary of Transportation under this section
shall cease to apply after that date.
SEC. 109. TAX PAYER PROTECTION.
(a) Cares Act Assistance Recipients.--With respect to a
recipient of assistance under section 4113 of the CARES Act
(15 U.S.C. 9073) that receives assistance under this title,
the Secretary may receive warrants, options, preferred stock,
debt securities, notes, or other financial instruments issued
by such recipient in the same form and amount, and under the
same terms and conditions, as agreed to by the Secretary and
the recipient for assistance received under such section 4113
to provide appropriate compensation to the Federal Government
for the provision of the financial assistance under this
title.
(b) Other Applicants.--With respect to an applicant that
did not receive assistance under such section 4113, the
Secretary may receive warrants, options, preferred stock,
debt securities, notes, or other financial instruments issued
by an applicant that receives assistance under this title in
a form and amount that are, to the maximum extent
practicable, the same as the terms and conditions as agreed
to by the Secretary and similarly situated recipients of
assistance under such section 4113 to provide appropriate
compensation to the Federal Government for the provision of
the financial assistance under this title.
SEC. 110. REPORTS.
(a) Report.--Not later than May 1, 2021, the Secretary
shall update and submit to the Committee on Transportation
and Infrastructure and the Committee on Financial Services of
the House of Representatives and the Committee on Commerce,
Science, and Transportation and the Committee on Banking,
Housing, and Urban Affairs of the Senate a report on the
financial assistance provided to air carriers and contractors
under this title, which includes--
(1) a description of any financial assistance provided to
air carrier and contractors under this title;
(2) any audits of air carriers or contractors receiving
financial assistance under this title;
(3) any reports filed by air carriers or contractors
receiving financial assistance under this title;
(4) any non-compliances by air carriers or contractors
receiving financial assistance under this title with the
terms and conditions of this title or agreements entered into
with the Secretary to receive such financial assistance; and
(5) information relating to any clawback of any financial
assistance provided to air carriers or contractors under this
title.
(b) Internet Updates.--The Secretary shall update the
website of the Department of the Treasury on a daily basis as
necessary to reflect new or revised distributions of
financial assistance under this title with respect to each
air carrier or contractor that receives such assistance, the
identification of any applicant that applied for financial
assistance under this title, and the date of application.
(c) Supplemental Update.--Not later than the last day of
the 1-year period following the date of enactment of this
title, the Secretary shall update and submit to the Committee
on Transportation and Infrastructure and the Committee on
Financial Services of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the
Committee on Banking, Housing, and Urban Affairs of the
Senate, the report submitted under subsection (a).
SEC. 111. COORDINATION.
In implementing this title, the Secretary shall coordinate
with the Secretary of Transportation.
SEC. 112. DIRECT APPROPRIATION.
Notwithstanding any other provision of law, there is
appropriated, out of amounts in the Treasury not otherwise
appropriated, $28,300,000,000 to carry out this title.
SEC. 113. TECHNICAL CORRECTIONS AND CLARIFICATION.
(a) Section 4003(c)(1)(B) of the CARES Act (15 U.S.C.
9042(c)(1)(B)) is amended--
(1) by striking ``As soon'' and inserting the following:
``(i) In general.--Subject to clause (ii), as soon''; and
(2) by adding at the end the following:
``(ii) Requirement.--The procedures and any related
guidance issued under clause (i) shall not prohibit any air
carrier from applying for or receiving a loan or loan
guarantee under paragraph (1), (2), or (3) of subsection (b)
based on the amount of the loan or loan guarantee
requested.''; and
(b) Section 4113(c) of the CARES Act (15 U.S.C. 9073(c)) is
amended by striking `` section 4112'' and inserting
``subsection (a)''.
(c) Section 4114 of the CARES Act (15 U.S.C. 9074) is
amended by adding at the end the following new subsections:
``(c) Continued Application.--
``(1) In general.--If, after September 30, 2020, a
contractor expends funds made available pursuant to section
4112 and distributed pursuant to section 4113, the assurances
under this section shall continue to apply until all funds
are expended, notwithstanding the time limits included in
paragraphs (1) through (3) of subsection (a), or section 4115
or 4116.
``(2) Special rule.--Not later than January 5, 2021, each
contractor that has received funds pursuant to such section
4112 shall report to the Secretary on the amount of such
funds that the contractor has expended through December 31,
2020. If the contractor has expended an amount that is less
than 50 percent of the total amount of funds the contractor
received under such section, the Secretary shall initiate an
action to recover any funds that remain unexpended as of
January 31, 2021.
``(d) Clawback of Assistance.--Any contractor that
conducted involuntary furloughs or reduced pay rates and
benefits, between March 27, 2020, and the date on which the
contractor entered into an agreement with the Secretary
related to financial assistance under this subtitle, shall
attempt in good faith to rehire employees who were
involuntary furloughed, or the Secretary shall claw back such
financial assistance, as necessary.''.
SEC. 114. NATIONAL AVIATION PREPAREDNESS PLAN.
(a) In General.--Not later than 1 year after the date of
enactment of this section, 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 and regularly
update a national aviation preparedness plan to ensure the
aviation system is prepared to respond to epidemics and
pandemics of infectious diseases.
(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.
[[Page S6272]]
TITLE II--FEDERAL EMERGENCY MANAGEMENT AGENCY
SEC. 201. COST SHARE.
(a) Temporary Federal Share.--Notwithstanding sections
403(b), 403(c)(4), 404(a), 406(b), 408(d), 408(g)(2),
428(e)(2)(B), and 503(a) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
for any emergency or major disaster declared by the President
under such Act during the period beginning on January 1, 2020
and ending on December 31, 2020, the Federal share of
assistance provided under such sections shall be not less
than 90 percent of the eligible cost of such assistance.
(b) Cost Share Under COVID Emergency Declaration.--
Notwithstanding subsection (a), assistance provided under the
emergency declaration issued by the President on March 13,
2020, pursuant to section 501(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
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. 202. 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, Indian tribal
governments, or local governments, 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, including private nonprofit organizations;
(5) costs associated with establishing and operating
virtual services;
(6) costs for establishing and operating remote test sites,
including comprehensive community based testing;
(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 and services for first responders and other
essential employees, including individuals working in public
schools, courthouses, and public transit systems;
(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; and
(13) costs, including costs incurred by private nonprofit
organizations, 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
(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.--
(1) In General.--In order to facilitate activities under
this section, the President, acting through 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.
(2) Annual Report.--The Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on assistance
provided in advance pursuant to paragraph (1).
(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, 5192).
(f) State; Indian Tribal Government; Local Government
Defined.--In this section, the terms ``State'', ``Indian
tribal government'', and ``local government'' have the
meanings given such terms in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122).
SEC. 203. HAZARD MITIGATION APPROVAL.
For all States or Indian tribal governments, as such terms
are defined in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122),
receiving an emergency declaration 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), and a major disaster declared by the President under
section 401 of such Act (42 U.S.C. 5170) that supersedes such
emergency declaration, the President shall approve the
availability of hazard mitigation assistance pursuant to
section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c) as part of such
major disaster declarations, if requested, and the President
may contribute up to 100 percent of hazard mitigation
measures authorized under section 404(a) of such Act.
TITLE III--OTHER MATTERS
SEC. 301. REQUIREMENTS FOR OWNERS AND OPERATORS OF EQUIPMENT
OR FACILITIES USED BY PASSENGER OR FREIGHT
TRANSPORTATION EMPLOYERS.
(a) Definitions.--In this section:
(1) At-risk employee.--The term ``at-risk employee'' means
an employee (including a Federal employee) or contractor of a
passenger or freight transportation employer--
(A) whose job responsibilities involve interaction with--
(i) passengers;
(ii) the public; or
(iii) coworkers who interact with the public;
(B) who handles items which are handled or will be handled
by the public; or
(C) who works in locations where social distancing and
other preventative measures with respect to the Coronavirus
Disease 2019 (COVID-19) are not possible.
(2) Passenger or freight transportation employer.--The term
``passenger or freight transportation employer'' includes--
(A) the owner, charterer, managing operator, master, or
other individual in charge of a passenger vessel (as defined
in section 2101 of title 46, United States Code);
(B) an air carrier (as defined in section 40102 of title
49, United States Code);
(C) a commuter authority (as defined in section 24102 of
title 49, United State Code);
(D) an entity that provides intercity rail passenger
transportation (as defined in section 24102 of title 49,
United States Code);
(E) a rail carrier (as defined in section 10102 of title
49, United States Code);
(F) a regional transportation authority (as defined in
section 24102 of title 49, United States Code);
(G) a provider of public transportation (as defined in
section 5302 of title 49, United States Code);
(H) a provider of motorcoach services (as defined in
section 32702 of the Motorcoach Enhanced Safety Act of 2012
(49 U.S.C. 31136 note; Public Law 112-141));
(I) a motor carrier that owns or operates more than 100
motor vehicles (as those terms are defined in section 390.5
of title 49, Code of Federal Regulations (or successor
regulations));
(J) a sponsor, owner, or operator of a public-use airport
(as defined in section 47102 of title 49, United States
Code);
(K) a marine terminal operator (as defined in section 40102
of title 46, United States Code) and the relevant authority
or operator of a port or harbor;
(L) the Transportation Security Administration, exclusively
with respect to Transportation Security Officers; and
(M) a marine terminal operator (as defined in section 40102
of title 46, United States Code) and the relevant authority
or operator of a port or harbor, or any other employer of
individuals covered under section 2(3) of the Longshore and
Harbor Workers' Compensation Act (33 U.S.C. 902(3)).
(b) Requirements.--For the purposes of responding to, or
for purposes relating to operations during 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-4CoV-2 or coronavirus disease 2019 (COVID-
19), the Secretary shall require--
(1) the owners or operators of equipment, stations, or
facilities used by passenger or freight transportation
employers, as applicable--
(A) to clean, disinfect, and sanitize, in accordance with
guidance issued by the Centers for Disease Control and
Prevention or the safety alert for operators issued by the
Federal Aviation Administration on May 11, 2020, numbered
SAFO 20009 (including any similar successor safety alert or
applicable guidance), the equipment and facilities,
including, as applicable--
(i) buses and transit vehicles;
(ii) commercial motor vehicles;
(iii) freight and passenger rail locomotives;
(iv) freight and passenger rail cars;
(v) vessels;
(vi) airports;
(vii) fleet vehicles used for the transportation of workers
to job sites;
(viii) aircraft, including the cockpit and the cabin; and
(ix) other equipment and facilities;
(B) to ensure that stations and facilities, including
enclosed facilities, owned, operated, and used by passenger
or freight transportation employers, including facilities
[[Page S6273]]
used for employee training or the performance of indoor or
outdoor maintenance, repair, or overhaul work, are
disinfected and sanitized frequently in accordance with
guidance issued by the Centers for Disease Control and
Prevention or the safety alert for operators issued by the
Federal Aviation Administration on May 11, 2020, numbered
SAFO 20009 (including any similar successor safety alert or
applicable guidance);
(C) to provide to at-risk employees--
(i) masks or protective face coverings;
(ii) gloves;
(iii) hand sanitizer;
(iv) sanitizing wipes with sufficient alcohol content; and
(v) training on the proper use of personal protective
equipment and sanitizing equipment;
(D) to ensure that employees whose job responsibilities
include the cleaning, disinfecting, or sanitizing described
in subparagraph (A) or (B) are provided--
(i) masks or protective face coverings;
(ii) gloves;
(iii) hand sanitizer; and
(iv) sanitizing wipes with sufficient alcohol content;
(E) to establish guidelines, or adhere to any existing
applicable guidelines, including the safety alert for
operators issued by the Federal Aviation Administration on
May 11, 2020, numbered SAFO 20009 (including any similar
successor safety alert or applicable guidance), for notifying
an employee of the owner or operator of a confirmed diagnosis
of the Coronavirus Disease 2019 (COVID-19) with respect to
any other employee of the owner or operator with whom the
notified employee had physical contact or a physical
interaction during the 48-hour period preceding the time at
which the diagnosed employee developed symptoms;
(F) to require the wearing of masks or protective face
coverings, subject to the requirements of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section
41705 of title 49, United States Code, (commonly known as the
``Air Carrier Access Act of 1986''), and section 501 of the
Rehabilitation Act of 1973 (29 U.S.C. 791), as applicable,
by--
(i) passengers traveling on transportation provided by a
passenger or freight transportation employer; and
(ii) employees of passenger or freight transportation
employers when--
(I) interacting with passengers, the public, or coworkers
who interact with the public; or
(II) working in locations where social distancing and other
preventative measures with respect to the Coronavirus Disease
2019 (COVID-19) are not possible;
(G) to require each flight crew member to wear a mask or
protective face covering while on board an aircraft and
outside the flight deck; and
(H) ensure that each contractor of an owner or operator
identified under this paragraph provides masks or protective
face coverings, gloves, hand sanitizer, and sanitizing wipes
with sufficient alcohol content, to employees of such
contractor whose job responsibilities include the cleaning,
disinfecting, or sanitizing described in subparagraph (A) or
(B); and
(2) an air carrier to submit to the Administrator of the
Federal Aviation Administration a proposal to permit flight
crew members to wear masks or protective face coverings in
the flight deck, including a safety risk assessment with
respect to that proposal.
(c) Market Unavailability of Necessary Items.--
(1) Notice of market unavailability.--
(A) In general.--If an owner or operator described in
paragraph (1) of subsection (b) is unable to acquire 1 or
more items necessary to comply with the requirements
prescribed under that paragraph due to market unavailability
of the items, the owner or operator shall--
(i) not later than 7 days after the date on which the owner
or operator is unable to acquire each applicable item, submit
to the Secretary a written notice explaining the efforts made
and obstacles faced by the owner or operator to acquire that
item; and
(ii) continue making efforts to acquire that item until the
item is acquired.
(B) Updated notice with respect to the same item.--If an
owner or operator is unable to acquire an item described in a
notice submitted under subparagraph (A) by the date described
in paragraph (4)(B)(ii) with respect to the notice, the owner
or operator may submit an updated notice with respect to that
item.
(2) Reasonable effort determination.--With respect to each
notice submitted under paragraph (1), the Secretary shall
determine whether the owner or operator submitting the notice
has made reasonable efforts to acquire the item described in
the notice.
(3) Notice of compliance.--Not later than 7 days after the
date on which an owner or operator acquires an item described
in a notice submitted by that owner or operator under
paragraph (1) in a quantity sufficient to comply with the
requirements prescribed under subsection (b)(1), the owner or
operator shall submit to the Secretary a written notice of
compliance with those requirements.
(4) Lists of owners and operators making reasonable efforts
to acquire unavailable items.--
(A) In general.--The Secretary shall publish on a public
website of the Department of Transportation a list that, with
respect to each notice submitted to the Secretary under
paragraph (1) for which the Secretary has made a positive
determination under paragraph (2)--
(i) identifies the owner or operator that submitted the
notice;
(ii) identifies the item that the owner or operator was
unable to acquire; and
(iii) describes the reasonable efforts made by the owner or
operator to acquire that item.
(B) Removal from list.--The Secretary shall remove each
entry on the list described in subparagraph (A) on the
earlier of--
(i) the date on which the applicable owner or operator
submits to the Secretary a notice of compliance under
paragraph (3) with respect to the item that is the subject of
the entry; and
(ii) the date that is 90 days after the date on which the
entry was added to the list.
(d) Protection of Certain Federal Aviation Administration
Employees.--
(1) In general.--For the purposes of responding to, or for
purposes relating to operations during 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-
4CoV-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--
(A) provide any air traffic controller and airway
transportation systems specialist of the Federal Aviation
Administration with masks or protective face coverings,
gloves, and hand sanitizer and wipes of sufficient alcohol
content, and provide training on the proper use of personal
protective equipment and sanitizing equipment;
(B) ensure that each air traffic control facility is
cleaned, disinfected, and sanitized frequently in accordance
with Centers for Disease Control and Prevention guidance; and
(C) provide any employee of the Federal Aviation
Administration whose job responsibilities involve cleaning,
disinfecting, and sanitizing a facility described in
subparagraph (B) with masks or protective face coverings and
gloves, and ensure that each contractor of the Federal
Aviation Administration provides any employee of the
contractor with those materials.
(2) Source of equipment.--The items described in paragraph
(1)(A) may be procured or provided under that paragraph
through any source available to the Administrator of the
Federal Aviation Administration.
SEC. 302. PROPERTY DISPOSITION FOR AFFORDABLE HOUSING.
Section 5334(h)(1) of title 49, United States Code, is
amended to read as follows:
``(1) In general.--If a recipient of assistance under this
chapter decides an asset acquired under this chapter at least
in part with that assistance is no longer needed for the
purpose for which such asset was acquired, the Secretary may
authorize the recipient to transfer such asset to--
``(A) a local governmental authority to be used for a
public purpose with no further obligation to the Government
if the Secretary decides--
``(i) the asset will remain in public use for at least 5
years after the date the asset is transferred;
``(ii) there is no purpose eligible for assistance under
this chapter for which the asset should be used;
``(iii) the overall benefit of allowing the transfer is
greater than the interest of the Government in liquidation
and return of the financial interest of the Government in the
asset, after considering fair market value and other factors;
and
``(iv) through an appropriate screening or survey process,
that there is no interest in acquiring the asset for
Government use if the asset is a facility or land; or
``(B) a local governmental authority, nonprofit
organization, or other third party entity to be used for the
purpose of transit-oriented development with no further
obligation to the Government if the Secretary decides--
``(i) the asset is a necessary component of a proposed
transit-oriented development project;
``(ii) the transit-oriented development project will
increase transit ridership;
``(iii) at least 40 percent of the housing units offered in
the transit-oriented development , including housing units
owned by nongovernmental entities, are legally binding
affordability restricted to tenants with incomes at or below
60 percent of the area median income and/or owners with
incomes at or below 60 percent the area median income;
``(iv) the asset will remain in use as described in this
section for at least 30 years after the date the asset is
transferred; and
``(v) with respect to a transfer to a third party entity--
``(I) a local government authority or nonprofit
organization is unable to receive the property;
``(II) the overall benefit of allowing the transfer is
greater than the interest of the Government in liquidation
and return of the financial interest of the Government in the
asset, after considering fair market value and other factors;
and
``(III) the third party has demonstrated a satisfactory
history of construction or operating an affordable housing
development.''.
[[Page S6274]]
SEC. 303. 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. 304. 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.
SEC. 305. EXTENSION OF WAIVER OF THE 7-DAY WAITING PERIOD FOR
BENEFITS UNDER THE RAILROAD UNEMPLOYMENT
INSURANCE ACT.
(a) In General.--Section 2112(a) of the CARES Act (15
U.S.C. 9030) is amended by striking ``December 31, 2020'' and
inserting ``January 31, 2021''.
(b) Operating Instructions and Regulations.--The Railroad
Retirement Board may prescribe any operating instructions or
regulations necessary to carry out this section.
(c) Clarification on Authority to Use Funds.--Funds
appropriated under section 2112(c) of the CARES Act shall be
available to cover the cost of additional benefits payable
due to section 2112(a) of the CARES Act by reason of the
amendments made by subsection (a) as well as to cover the
cost of such benefits payable due to section 2112(a) of the
CARES Act as in effect on the day before the date of
enactment of this Act.
SEC. 306. EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD
UNEMPLOYMENT INSURANCE ACT.
(a) In General.--Section 2(c)(2)(D)(iii) of the Railroad
Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)(iii) is
amended--
(1) by striking ``June 30, 2020'' and inserting ``June 30,
2021''; and
(2) by striking ``no extended benefit period under this
paragraph shall begin after December 31, 2020'' and inserting
``the provisions of clauses (i) and (ii) shall not apply to
any employee with respect to any registration period
beginning on or after February 1, 2021''.
(b) Clarification on Authority to Use Fund.--Funds
appropriated under either the first or second sentence of
clause (iv) of section 2(c)(2)(D) of the Railroad
Unemployment Insurance Act shall be available to cover the
cost of additional extended unemployment benefits provided
under such section 2(c)(2)(D) by reason of the amendments
made by subsection (a) as well as to cover the cost of such
benefits provided under such section 2(c)(2)(D) as in effect
on the day before the date of enactment of this Act.
SEC. 307. 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 inserting ``for registration periods beginning on or
after September 6, 2020, but on or before January 31, 2021,
and for any registration periods during a period of
continuing unemployment which began on or before January 31,
2021,'' after ``July 31, 2020,'';
(2) by striking ``July 1, 2019'' and inserting ``July 1,
2019, or July 1, 2020''; and
(3) by adding at the end ``No recovery benefit under this
section shall be payable for any registration period
beginning on or after April 1, 2021. For registration periods
beginning on or after February 1, 2021, a recovery benefit
under this section shall only be payable to a qualified
employee with respect to any registration period in which the
employee received normal unemployment benefits as defined in
paragraph (c)(1), but shall not be payable to a qualified
employee who did not receive unemployment benefits or who
received extended benefits as defined in paragraph (c)(2) for
such registration period.''
(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 $300,000,000 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. 308. OFFICE OF DISASTER RECOVERY.
(a) In General.--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. The
Secretary is authorized to appoint such temporary personnel,
after serving continuously for 2 years, to positions in the
Economic Development Administration in the same manner that
competitive service employees with competitive status are
considered for transfer, reassignment, or promotion to such
positions. An individual appointed under the preceding
sentence shall become a career-conditional employee, unless
the employee has already completed the service requirements
for career tenure.''.
(b) 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:
``508. Office of Disaster Recovery.''.
SEC. 309. GRADUATION REQUIREMENTS FOR THE UNITED STATES
MERCHANT MARINE ACADEMY AND STATE MARITIME
ACADEMIES.
(a) United States Merchant Marine Academy.--
(1) Notwithstanding section 51309(a)(1)(B) of title 46,
United States Code, and subject to such terms and conditions
as set forth in this subsection and other conditions as the
Secretary may determine, the Superintendent of the United
States Merchant Marine Academy may confer degrees on
individuals scheduled to receive such degrees from the United
States Merchant Marine Academy in calendar year 2020.
(2) With respect to an individual described in paragraph
(1), the Secretary of Transportation may--
(A) defer until not later than December 31, 2021, the
requirements of section 51306(a)(2) of title 46, United
States Code, and relevant regulations;
(B) defer until not later than December 31, 2021, and
modify as necessary, requirements under paragraphs (3)
through (5) of section 51306(a) of title 46, United States
Code, and relevant regulations; and
(C) conditionally waive requirements under paragraphs (2)
through (5) of section 51306(a) of title 46, United States
Code, and relevant regulations, for an individual who--
(i) within 3 months of receiving a degree has accepted a
commission as an officer on active duty in an armed force of
the United States or a commission as an officer of the
National Oceanic and Atmospheric Administration or the Public
Health Service, pursuant to section 51306(e) of title 46,
United States Code; and
(ii) serves for the 5-year period following commissioning
as an officer on active duty as described in clause (i).
(3) An individual upon whom the United States Merchant
Marine Academy confers a degree pursuant to paragraph (1)
shall--
(A) fulfill the requirements under section 51306(a)(2) of
title 46, United States Code, and relevant regulations, by
the date set by the Secretary, which shall be not later than
December 31, 2021; or
[[Page S6275]]
(B) for the 5-year period following graduation from the
Academy as described in paragraph (2)(C)(i), serve as a
commissioned officer on active duty in an armed force of the
United States or as a commissioned officer of the National
Oceanic and Atmospheric Administration or the Public Health
Service, pursuant to section 51306(e) of title 46, United
States Code.
(4) If the United States Merchant Marine Academy confers a
degree upon an individual pursuant to paragraph (1) and the
individual fails to comply with the requirements established
by the Secretary, the Secretary may--
(A) revoke the degree conferred on the individual by the
United States Merchant Marine Academy; and
(B) exercise the remedies under section 51306 of title 46,
United States Code.
(b) State Maritime Academy.--
(1) Notwithstanding section 51506(a)(3) of title 46, United
States Code, and subject to such terms and conditions as set
forth in this subsection and other conditions as the
Secretary may determine, a State maritime academy may confer
degrees upon individuals scheduled to graduate from a State
maritime academy in calendar year 2020. With respect to an
individual who has received student incentive payments under
section 51509 of title 46, United States Code, and fails to
comply with such terms and conditions, the Secretary may
exercise the authorities set forth in paragraphs (3) of this
subsection.
(2) For an individual to be eligible to be conferred a
degree pursuant to paragraph (1), the State maritime academy
shall require such individual to pass the examination
required for the issuance of a license under section 7101 of
title 46, United States Code, by December 31, 2021, and such
State maritime academy shall advise all such individuals who
have not passed the examination prerequisite to issuance of a
license that any degree so awarded is subject to revocation
and such State maritime academy shall advise any individuals
who have not passed.
(3) The Secretary of Transportation may--
(A) require a State maritime academy, as a condition of
receiving an annual payment under section 51506(a) of title
46, United States Code, to report to the Secretary, in a
manner determined by the Secretary, on the compliance with
paragraph (2);
(B) withhold payments under section 51506(a) of title 46,
United States Code, in an amount not greater than the
fractional amount of the direct payment that is proportional
to the number of graduates who fail to comply with
requirements under paragraph (2) and whose degrees have not
been revoked by the State maritime academy and the total
number of individuals graduating from such State maritime
academy in calendar year 2020; and
(C) reduce the amount of direct payments withheld under
subparagraph (B) below the maximum amount authorized.
(4) For an individual graduating from a State maritime
academy in calendar year 2020 who has received student
incentive payments under section 51509 of title 46, United
States Code, the Secretary of Transportation may--
(A) defer until not later than December 31, 2021, the
requirements under sections 51509(d)(2) of title 46, United
States Code, and relevant regulations;
(B) defer until not later than December 31, 2021, and
modify as necessary as determined by the Secretary, the
requirements under paragraphs (3) through (5) of section
51509(d) of title 46, United States Code, and relevant
regulations; and
(C) conditionally waive requirements under paragraphs (2)
through (5) of section 51509(d) of title 46, United States
Code, and relevant regulations, for an individual who--
(i) within 3 months of graduation is commissioned as an
officer on active duty in an armed force of the United States
or as a commissioned officer of the National Oceanic and
Atmospheric Administration or the Public Health Service,
pursuant to section 51509(h) of title 46, United States Code;
and
(ii) serves for the 5-year period following commissioning
as an officer on active duty as provided for in clause (i).
(5) An individual conferred a degree from a State maritime
academy pursuant to paragraph (1) who has received student
incentive payments as provided for in section 51509 of title
46, United States Code, shall--
(A) fulfill the requirements under section 51509(d)(2) of
title 46, United States Code, and relevant regulations not
later than December 31, 2021; or
(B) for the 5-year period following graduation from an
academy described in paragraph (4)(C)(ii), serve as a
commissioned officer on active duty in an armed force of the
United States or as a commissioned officer of the National
Oceanic and Atmospheric Administration or the Public Health
Service, pursuant to section 51509(h) of title 46, United
States Code.
(6) If an individual conferred a degree from a State
maritime academy pursuant to paragraph (1) fails to comply
with the requirements established by the Secretary, the
Secretary may exercise the remedies under section 51509 of
title 46, United States Code.
(c) Extension of Authorization.--The Secretary may apply
the provisions of subsections (a) and (b) to subsequent
graduating classes at the United States Merchant Marine
Academy and State maritime academies, and extend compliance
dates applicable to such graduates, if the Secretary
determines it is necessary to respond to the public health
emergency declared by the Secretary of Health and Human
Services issued on January 27, 2020, titled ``Concerning the
Novel Coronavirus''.
SEC. 310. 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,''.
DIVISION R--ACCOUNTABILITY AND GOVERNMENT OPERATIONS
TITLE I--ACCOUNTABILITY
SEC. 101. 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. 102. 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. 103. 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.
[[Page S6276]]
``(H) Gross waste of funds.
``(I) Abuse of authority.''.
SEC. 104. 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. 201. MODIFICATION OF 2020 CENSUS DEADLINES AND
TABULATION OF POPULATION.
(a) Census Deadline Modification.--Notwithstanding the
timetables provided in subsections (b) and (c) of section 141
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 apportionment of
Representatives in Congress'', approved June 18, 1929 (2
U.S.C. 2a(a)), for the 2020 decennial census of population--
(1) the tabulation of total population by States required
by subsection (a) of such section 141 for the apportionment
of Representatives in Congress among the several States shall
be--
(A) completed and reported by the Secretary of Commerce
(referred to in this section as the ``Secretary'') to the
President no earlier than one year after the decennial census
date of April 1, 2020, and not later than April 30, 2021; and
(B) made public by the Secretary not later than the date on
which the tabulation is reported to the President under
subparagraph (A);
(2) the President shall transmit to 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, immediately upon
receipt of the tabulation reported by the Secretary; and
(3) the tabulations of populations required by subsection
(c) of such section 141 shall be completed by the Secretary
as expeditiously as possible after the census date of April
1, 2020, taking into account the deadlines of each State 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 that State, except that the 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
not later than July 30, 2021.
(b) NRFU Operation.--For the 2020 decennial census of
population, the Bureau of the Census shall conclude the
Nonresponse Followup operation and the self-response
operation no earlier than October 31, 2020.
SEC. 202. 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. 203. 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. 301. 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 301(c) of division R 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
[[Page S6277]]
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. 302. 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
[[Page S6278]]
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.
TITLE IV--FEDERAL CONTRACTING PROVISIONS
SEC. 401. 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. 402. 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. 403. 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. 404. 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. 501. 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
[[Page S6279]]
(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. 601. 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. 602. WAIVER OF FEDERAL FUND LIMITATION FOR THE DRUG-FREE
COMMUNITIES SUPPORT PROGRAM.
(a) In General.--Subject to subsection (b), if the
Administrator of the Drug-Free Communities Support Program
determines that, 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, an eligible
coalition is unable to raise the amount of non-Federal funds,
including in-kind contributions, agreed to be raised by the
coalition for a fiscal year under an agreement entered into
with the Administrator pursuant to paragraph (1)(A) or (3)(D)
of section 1032(b) of the Anti-Drug Abuse Act of 1988 (21
U.S.C. 1532(b)), the Administrator may, notwithstanding such
paragraphs, provide to the eligible coalition the grant or
renewal grant, as applicable, for that fiscal year in an
amount--
(1) with respect to an initial grant or renewal grant
described under paragraph (1)(A) of such section, that
exceeds the amount of non-Federal funds raised by the
eligible coalition, including in-kind contributions, for that
fiscal year;
(2) with respect to a renewal grant described under
paragraph (3)(D)(i) of such section, that exceeds 125 percent
of the amount of non-Federal funds raised by the eligible
coalition, including in-kind contributions, for that fiscal
year; and
(3) with respect to a renewal grant described under
paragraph (3)(D)(ii) of such section, that exceeds 150
percent of the amount of non-Federal funds raised by the
eligible coalition, including in-kind contributions, for that
fiscal year.
SEC. 603. 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 S--FOREIGN AFFAIRS PROVISIONS
TITLE I--MATTERS RELATING TO THE DEPARTMENT OF STATE
SEC. 101. EFFORTS TO ASSIST FEDERAL VOTERS OVERSEAS IMPACTED
BY COVID-19.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of State, in consultation with the Secretary of
Defense and the Postmaster General, should undertake efforts
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 efforts
should include steps to--
(1) restore or augment diplomatic pouch capacities;
(2) facilitate using the Army Post Office, Fleet Post
Office, Diplomatic Post Office, the United States mails, or
private couriers, if available;
(3) mitigate other operations constraints affecting
eligible overseas voters;
(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; and
(5) ensure any employees at Department of State overseas
posts interacting with Federal overseas voters seeking to
return their ballots are informed of and exercise necessary
protocols to avoid the spoilage or invalidating of ballots
for which the Department of State is helping to facilitate
return.
(b) Report on Efforts to Assist and Inform Federal Voters
Overseas.--Not later than 15 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 efforts described
in 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. 102. REPORT ON EFFORTS OF THE CORONAVIRUS REPATRIATION
TASK FORCE.
Not later than 90 days after the date of the enactment of
this division, 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.
TITLE II--GLOBAL HEALTH SECURITY ACT OF 2020
SEC. 201. SHORT TITLE.
This title may be cited as the ``Global Health Security Act
of 2020''.
SEC. 202. 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
[[Page S6280]]
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. 203. 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. 204. 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 division;
(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 division.
SEC. 205. 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. 206. 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 205(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 207(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. 207. STRATEGY AND REPORTS.
(a) Strategy.--The United States Coordinator for Global
Health Security (appointed under section 205(a)) shall
coordinate the development and implementation of a strategy
to implement the policy aims described in section 203, 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
[[Page S6281]]
(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 division, 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 203 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. 208. 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. 209. DEFINITIONS.
In this title:
(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. 210. SUNSET.
This title (other than section 205), and the amendments
made by this title, shall cease to be effective on December
31, 2024.
TITLE III--SECURING AMERICA FROM EPIDEMICS ACT
SEC. 301. 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. 302. AUTHORIZATION FOR UNITED STATES PARTICIPATION.
(a) In General.--The United States is hereby authorized to
participate in the Coalition for Epidemic Preparedness
Innovations.
(b) Board of Directors.--The Administrator of the United
States Agency for International Development is authorized to
designate an employee of such Agency to serve on the
Investors Council of the Coalition for Epidemic Preparedness
Innovations as a representative of the United States.
(c) Reports to Congress.--Not later than 180 days after the
date of the enactment of this division, 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.
DIVISION T--JUDICIARY MATTERS
TITLE I--IMMIGRATION MATTERS
SEC. 101. 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
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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.
(iii) Diversity visas.--The additional visas made available
for fiscal year 2021 for the worldwide level of diversity
immigrants under subsection (e) of section 201 of the
Immigration and Nationality Act (8 U.S.C. 1151) as a result
of the computations made under subparagraphs (A) and (B)
shall be first made available to diversity immigrants
selected in the lottery for fiscal year 2020.
(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. 102. 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. 103. 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
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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. 104. 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
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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
[[Page S6285]]
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. 105. 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.
SEC. 106. CONDITION ON FURLOUGH.
U.S. Citizenship and Immigration Services may not furlough
any employee in any pay period in fiscal year 2021 if the
agency has sufficient available balances for compensation for
such employee during such pay period.
SEC. 107. LIMITATION ON USE OF FUNDS BY OTHER AGENCIES.
Notwithstanding any other provision of law, none of the
funds deposited into the Immigration Examinations Fee Account
pursuant to subsection (m) or (u) of section 286 of the
Immigration and Nationality Act (8 U.S.C. 1356), may be made
available to any other Federal agency for such other agency's
purpose, unless such funds were made available to such agency
for such purpose in fiscal year 2019.
SEC. 108. CHIEF FINANCIAL OFFICER.
(a) Report to Director.--The Chief Financial Officer of
U.S. Citizenship and Immigration Services shall report to the
Director of U.S. Citizenship and Immigration Services.
(b) Required Consultation.--Prior to implementing any
substantive change to a policy, program, or process, the
Director of U.S. Citizenship and Immigration Services shall
consider the impact of such change on the agency's revenue,
expenditures, and reserve funding in consultation with the
agency's Chief Financial Officer.
SEC. 109. INDEPENDENT VERIFICATION AND VALIDATION REVIEW.
Not later than 180 days after the date of enactment of this
Act, the Director of U.S. Citizenship and Immigration
Services shall submit to the Committees on the Judiciary of
the House of Representatives and the Senate, and the
Committees on Appropriations of the House of Representatives
and the Senate, the results and recommendations of an
Independent Verification and Validation review of each model
used by the agency to inform adjustments of fees charged for
the adjudication of immigration and citizenship benefit
requests.
SEC. 110. REPORTING REQUIREMENT.
(a) In General.--In addition to the requirements of section
286(o) of the Immigration and Nationality Act (8 U.S.C.
1356(o)), the Secretary of Homeland Security shall prepare a
report on the fiscal status of U.S. Citizenship and
Immigration Services that includes the following,
disaggregated by funding source--
(1) the annual operating plan broken out by directorate and
program office within such agency, which shall include
obligations and current year expenditures for the preceding
quarter, along with projected obligations and expenditures
for the current quarter and the subsequent quarters;
(2) fee receipts for each form type for the preceding
quarter and estimates of such receipts for the current and
subsequent quarter;
(3) other agency expenses, including payments or transfers
to other Federal agencies and general operating expenses;
(4) the percentage of revenue generated from premium
processing receipts used for the adjudication of non-premium
benefit applications;
(5) carryover or reserve funding projections, obligations,
and expenditures;
(6) productivity measurement data, by form type,
directorate, and program office, measured against baseline
capacity and workload volumes;
(7) the impact on such measurement data from changes in
personnel, technology usage, or processes;
(8) processing times by program office and directorate,
disaggregated by form type; and
(9) backlogs by form type, including petitions for family-
and employment-based immigration benefits and for asylum and
other humanitarian protections.
(b) Review.--The report required in subsection (a) shall
be--
(1) validated and reviewed by the Chief Financial Officer
of the Department of Homeland Security; and
(2) submitted to the Committees on the Judiciary of the
Senate and the House of Representatives and the Committees on
Appropriations of the Senate and the House of Representatives
not later than 90 days after the date of enactment of this
Act and every 180 days thereafter.
(c) Public Availability.--The information described in
paragraphs (6) through (9) of subsection (a) shall also be
made available not later than 15 days after the end of each
fiscal quarter on a publicly available website.
(d) Revenue Earnings Report.--Not later than 60 days after
the date of enactment of this Act and updated monthly
thereafter, the Director of U.S. Citizenship and Immigration
Services shall publish on a publicly available website in a
downloadable, searchable, and sortable format a revenue
earnings report that includes data beginning October 1, 2009,
which shall be disaggregated by month and revenue source.
(e) Independent Review.--The Comptroller General of the
United States shall conduct an independent review of the
first report submitted pursuant to subsection (b) and shall
examine the circumstances that led to fiscal situation for
U.S. Citizenship and Immigration Services for the fiscal
years 2017 through 2020.
TITLE II--PRISONS AND JAILS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Pandemic Justice Response
Act''.
SEC. 202. 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 at least 4 territories.
(2) As of September 27, 2020, more than 7,119,400 people in
the United States had been infected with the coronavirus and
at least 204,400 had died.
[[Page S6286]]
(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, or who is serving a term
of imprisonment in the custody of the Bureau of Prisons for a
sentence imposed pursuant to a conviction for a criminal
offense under the laws of the District of Columbia.
(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, taking into
account the individual's offense of conviction, 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.
[[Page S6287]]
(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. 203. COURT AUTHORITY TO REDUCE SENTENCES AND TEMPORARY
RELEASE AUTHORITY FOR NON-VIOLENT OFFENDERS.
(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 202(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,
taking into account the individual's offense of conviction or
adjudication, 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 202(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
[[Page S6288]]
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. 204. 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. 205. INCREASING AVAILABILITY OF HOME DETENTION FOR NON-
VIOLENT 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, including pursuant to a conviction for a criminal
offense under the laws of the District of Columbia, 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. 206. 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. 207. 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, taking into account the person's
offense of conviction--
[[Page S6289]]
``(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
[[Page S6290]]
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. 208. 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. 209. 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. 210. 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 III--VICTIMS OF CRIME ACT AMENDMENTS
SEC. 301. SHORT TITLE.
This title may be cited as the ``Victims of Crime Act Fix
Act of 2020''.
SEC. 302. 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. 303. 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 IV--JABARA-HEYER NO HATE ACT
SEC. 401. 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. 402. 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. 403. 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
[[Page S6291]]
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. 404. 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. 405. 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. 406. 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. 407. 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 406 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
[[Page S6292]]
(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. 408. 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 V--BANKRUPTCY PROTECTIONS
SEC. 501. BANKRUPTCY PROTECTIONS.
(a) Bankruptcy Protections for Federal Coronavirus Relief
Payments.--Section 541(b) of title 11, United States Code, is
amended--
(1) in paragraph (9), in the matter following subparagraph
(B), by striking ``or'';
(2) in paragraph (10)(C), by striking the period at the end
and inserting ``; or''; and
(3) 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).''.
(b) 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.''.
(c) Increasing the Homestead Exemption.--Section 522 of
title 11, United States Code, is amended--
(1) in subsection (d)(1), by striking ``$15,000'' and
inserting ``$100,000''; and
(2) 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.''.
(d) 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.''.
(e) Expanded Eligibility for Chapter 13.--Section 109(e) of
title 11, United States Code, is amended--
(1) by striking ``$250,000'' each place the term appears
and inserting ``$850,000''; and
(2) by striking ``$750,000'' each place the term appears
and inserting ``$2,600,000''.
(f) Extended Cure Period for Homeowners Harmed by COVID-19
Pandemic.--
(1) 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).''.
(2) 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.''.
(3) 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.
DIVISION U--OTHER MATTERS
TITLE I--PRESUMPTION OF SERVICE CONNECTION FOR CORONAVIRUS DISEASE 2019
SEC. 101. PRESUMPTIONS OF SERVICE-CONNECTION FOR MEMBERS OF
ARMED FORCES WHO CONTRACT CORONAVIRUS DISEASE
2019 UNDER CERTAIN CIRCUMSTANCES.
(a) In General.--Subchapter VI of chapter 11 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1164. Presumptions of service-connection for
Coronavirus Disease 2019
``(a) Presumptions Generally.--(1) For purposes of laws
administered by the Secretary and subject to section 1113 of
this title, if symptoms of Coronavirus Disease 2019 (in this
section referred to as `COVID-19') described in subsection
(d) manifest within one of the manifestation periods
described in paragraph (2) in an individual who served in a
qualifying period of duty described in subsection (b)--
``(A) infection with severe acute respiratory syndrome
coronavirus 2 (in this section referred to as `SARS-CoV-2')
shall be presumed to have occurred during the qualifying
period of duty;
``(B) COVID-19 shall be presumed to have been incurred
during the qualifying period of duty; and
``(C) if the individual becomes disabled or dies as a
result of COVID-19, it shall be presumed that the individual
became disabled or died during the qualifying period of duty
for purposes of establishing that the individual served in
the active military, naval, or air service.
``(2)(A) The manifestation periods described in this
paragraph are the following:
``(i) During a qualifying period of duty described in
subsection (b), if that period of duty was more than 48
continuous hours in duration.
``(ii) Within 14 days after the individual's completion of
a qualifying period of duty described in subsection (b).
``(iii) An additional period prescribed under subparagraph
(B).
``(B)(i) If the Secretary determines that a manifestation
period of more than 14 days after completion of a qualifying
period of service is appropriate for the presumptions under
paragraph (1), the Secretary may prescribe that additional
period by regulation.
``(ii) A determination under clause (i) shall be made in
consultation with the Director of the Centers for Disease
Control and Prevention.
[[Page S6293]]
``(b) Qualifying Period of Duty Described.--A qualifying
period of duty described in this subsection is a period of--
``(1) active duty; or
``(2) the following duty or training not covered by
paragraph (1) performed under orders issued on or after March
13, 2020, during the national emergency declared by the
President under the National Emergencies Act (50 U.S.C. 1601
et seq.):
``(A) Training duty under title 10.
``(B) Full-time National Guard duty (as defined in section
101 of title 10).
``(c) Application of Presumptions for Training Duty.--When,
pursuant to subsection (a), COVID-19 is presumed to have been
incurred during a qualifying period of duty described in
subsection (b)(2)--
``(1) COVID-19 shall be deemed to have been incurred in the
line of duty during a period of active military, naval, or
air service; and
``(2) where entitlement to benefits under this title is
predicated on the individual who was disabled or died being a
veteran, benefits for disability or death resulting from
COVID-19 as described in subsection (a) shall be paid or
furnished as if the individual was a veteran, without regard
to whether the period of duty would constitute active
military, naval, or air service under section 101 of this
title.
``(d) Symptoms of COVID-19.--For purposes of subsection
(a), symptoms of COVID-19 are those symptoms that competent
medical evidence demonstrates are experienced by an
individual affected and directly related to COVID-19.
``(e) Medical Examinations and Opinions.--If there is a
question of whether the symptoms experienced by an individual
described in paragraph (1) of subsection (a) during a
manifestation period described in paragraph (2) of such
subsection are attributable to COVID-19 resulting from
infection with SARS-CoV-2 during the qualifying period of
duty, in determining whether a medical examination or medical
opinion is necessary to make a decision on the claim within
the meaning of section 5103A(d) of this title, a qualifying
period of duty described in subsection (b) of this section
shall be treated as if it were active military, naval, or air
service for purposes of section 5103A(d)(2)(B) of this
title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``1164. Presumptions of service-connection for Coronavirus Disease
2019.''.
TITLE II--CORONAVIRUS RELIEF FUND AMENDMENTS
SEC. 201. 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 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. 202. 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 of the Treasury 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), the Secretary of the 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 of the Treasury
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 on fund distribution.--No later than 7 days
after payments for Tribal governments are distributed by the
Secretary of the Treasury pursuant to the requirements under
subparagraph (A) or subparagraph (B), the Secretary shall
publish on the website of the Department of the Treasury the
date and amount of all fund disbursements, broken down by
individual Tribal government recipient.''.
SEC. 203. 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, 2021; or
``(2) Replace lost, delayed, or decreased revenues,
stemming from the public health emergency with respect to the
coronavirus disease (COVID-19).''.
TITLE III--ENERGY AND ENVIRONMENT PROVISIONS
SEC. 301. 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
[[Page S6294]]
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. 302. 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 2021, 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. 303. 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. 304. HOME WATER SERVICE CONTINUITY.
(a) Continuity of Service.--Any entity receiving financial
assistance under division A
[[Page S6295]]
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 IV--MISCELLANEOUS MATTERS
SEC. 401. TECHNICAL CORRECTIONS AND CLARIFICATION.
(a) Section 4002 of the CARES Act (Public Law 116-136; 15
U.S.C. 9041) is amended by adding at the end the following
new paragraph:
``(13) Businesses critical to maintaining national
security.--The term `businesses critical to maintaining
national security' includes businesses that manufacture and
produce aerospace-related products, civil or defense,
including those that design, integrate, assemble, supply,
maintain and repair such products, and other businesses as
further defined by the Secretary, in consultation with the
Secretary of Defense and the Secretary of Transportation. For
purposes of the preceding sentence, aerospace-related
products include, but are not limited to, components, parts,
or systems of aircraft, aircraft engines, or appliances for
inclusion in an aircraft, aircraft engine, or appliance.''.
SEC. 402. 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. 403. RESCISSION OF FUNDS.
Of the unobligated balances available under section 4027 of
division A of the CARES Act (Public Law 116-136),
$146,000,000,000 is hereby permanently rescinded.
______
By Mr. REED (for himself and Mr. Whitehouse):
S. 4804. A bill to amend the Magnuson-Stevens Fishery Conservation
and Management Act to add Rhode Island to the Mid-Atlantic Fishery
Management Council, and for other purposes; to the Committee on
Commerce, Science, and Transportation.
Mr. REED. Mr. President, today I am introducing the Rhode Island
Fishermen's Fairness Act of 2020 along with my colleague Senator
Whitehouse. This legislation seeks to address a longstanding inequity
in our Nation's fisheries management system which denies Rhode
Islanders a voice in the governance of many stocks that local fishermen
catch and rely upon for their livelihoods.
The Magnuson-Stevens Act granted Rhode Island voting membership on
the New England Fishery Management Council (NEFMC), as NEFMC-managed
stocks represent a significant percentage of landings and revenue for
the State. However, Rhode Island has an even larger stake in Mid-
Atlantic fisheries. Yet, it does not have voting representation on the
Mid-Atlantic Fishery Management Council (MAFMC), which currently
consists of representatives from New York, New Jersey, Delaware,
Pennsylvania, Maryland, Virginia, and North Carolina.
According to data provided by the National Oceanic and Atmospheric
Administration (NOAA), between 2014 and 2108, Rhode Island accounted
for approximately a quarter of the commercial landings by value from
stocks under the MAFMC's sole jurisdiction, and its commercial landings
were greater than the total landings of all of the states currently
represented on the MAFMC with the exception of New Jersey.
As the rest of the Nation learned during the Democratic National
Convention, the Rhode Island State appetizer is calamari. That is
squid. And while squid is our number one landed species, Rhode Island
doesn't have a formal say in the management of this stock.
This legislation offers a simple solution with sound precedent. North
Carolina was added to the MAFMC through an amendment to the Sustainable
Fisheries Act in 1996. Like Rhode Island, a significant portion of
North Carolina's landed fish species were managed by the MAFMC, yet the
State had no vote on the council. Similarly, the Rhode Island
Fishermen's Fairness Act would create two seats on the MAFMC for Rhode
Island: one seat appointed by the Secretary of Commerce based on
recommendations from the Governor of Rhode Island, and a second seat
filled by Rhode Island's principal State official with marine fishery
management responsibility. To accommodate these new members, the MAFMC
would increase in size from 21 to 23 voting members. In short, Rhode
Island would be guaranteed the same minimum representation as every
other State on the MAFMC.
With mounting economic, ecological, and regulatory challenges, it is
more important than ever that Rhode Island fishermen have a voice in
the management of the fisheries they depend on.
I urge our colleagues to join us in supporting this commonsense
legislation.
____________________