[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 925 Engrossed Amendment House (EAH)]
<DOC>
In the House of Representatives, U. S.,
October 1, 2020.
Resolved, That the House agree to the amendment of the Senate to
the title of the bill (H.R. 925) entitled ``An Act to extend the
authorization of appropriations for allocation to carry out approved
wetlands conservation projects under the North American Wetlands
Conservation Act through fiscal year 2024.'' and be it further
Resolved, That the House agree to the amendment of the Senate to
the text of the aforementioned bill, with the following
HOUSE AMENDMENT TO SENATE AMENDMENT:
In lieu of the matter proposed to be inserted by the
amendment of the Senate to the text of the bill, insert the
following:
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:
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.
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;
(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, 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 designated by the Congress as
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 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: Provided further, That such amount is
designated by the Congress as 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.
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 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
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 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 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.
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 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 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 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-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 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:
(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--
(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 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
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 $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 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 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: 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 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 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
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
(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
(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 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.--
(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
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.
``(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.
``(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 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--
(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.--
(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).
(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
(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:
``(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.--
(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
(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;
``(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 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;
``(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
``(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
(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.
``(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.--
``(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 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:
``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 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 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
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.
(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.).
(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, 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--
``(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 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'';
(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 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
``(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--
``(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 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 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.''.
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 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
``(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;
(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 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 (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--
(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.
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 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
(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--
``(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.
``(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 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 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:
``(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.
(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 meaning of section
305(b)(2)), has a modified funded percentage of less
than 40 percent, and has a ratio of active to inactive
participants which is less than 2 to 3; or
``(D) the plan is insolvent for purposes of section
418E of the Internal Revenue Code of 1986 as of the
date of enactment of this section, if the plan became
insolvent after December 16, 2014, and has not been
terminated by such date of enactment.
``(2) Modified funded percentage.--For purposes of
paragraph (1)(C), the term `modified funded percentage' means
the percentage equal to a fraction the numerator of which is
current value of plan assets (as defined in section 3(26) of
such Act) and the denominator of which is current liabilities
(as defined in section 431(c)(6)(D) of such Code and section
304(c)(6)(D) of such Act).
``(c) Applications for Special Partition.--
``(1) Guidance.--The corporation shall issue guidance
setting forth requirements for special partition applications
under this section not later than 120 days after the date of
the enactment of this section. In such guidance, the
corporation shall--
``(A) limit the materials required for a special
partition application to the minimum necessary to make
a determination on the application; and
``(B) provide for an alternate application for
special partition under this section, which may be used
by a plan that has been approved for a partition under
section 4233 before the date of enactment of this
section.
``(2) Temporary priority consideration of applications.--
``(A) In general.--The corporation may specify in
guidance under paragraph (1) that, during the first 2
years following the date of enactment of this section,
special partition applications will be provided
priority consideration, if--
``(i) the plan is likely to become
insolvent within 5 years of the date of
enactment of this section;
``(ii) the corporation projects a plan to
have a present value of financial assistance
payments under section 4261 that exceeds
$1,000,000,000 if the special partition is not
ordered;
``(iii) the plan has implemented benefit
suspensions under section 305(e)(9) as of the
date of the enactment of this section; or
``(iv) the corporation determines it
appropriate based on other circumstances.
``(B) No effect on amount of assistance.--A plan
that is approved for special partition assistance under
this section shall not receive reduced special
partition assistance on account of not receiving
priority consideration under subparagraph (A).
``(3) Actuarial assumptions and other information.--The
corporation shall accept assumptions incorporated in a
multiemployer plan's determination that it is in critical
status or critical and declining status (within the meaning of
section 305(b)), or that the plan's modified funded percentage
is less than 40 percent, unless such assumptions are clearly
erroneous. The corporation may require such other information
as the corporation determines appropriate for making a
determination of eligibility and the amount of special
partition assistance necessary under this section.
``(4) Application deadline.--Any application by a plan for
special partition assistance under this section shall be
submitted no later than December 31, 2026, and any revised
application for special partition assistance shall be submitted
no later than December 31, 2027.
``(5) Notice of application.--Not later than 120 days after
the date of enactment of this section, the corporation shall
issue guidance requiring multiemployer plans to notify
participants and beneficiaries that the plan has applied for
partition under this section, after the corporation has
determined that the application is complete. Such notice shall
reference the special partition relief internet website
described in subsection (p).
``(d) Determinations on Applications.--A plan's application for
special partition under this section that is timely filed in accordance
with guidance issued under subsection (c)(1) shall be deemed approved
and the corporation shall issue a special partition order unless the
corporation notifies the plan within 120 days of the filing of the
application that the application is incomplete or the plan is not
eligible under this section. Such notice shall specify the reasons the
plan is ineligible for a special partition or information needed to
complete the application. If a plan is denied partition under this
subsection, the plan may submit a revised application under this
section. Any revised application for special partition submitted by a
plan shall be deemed approved unless the corporation notifies the plan
within 120 days of the filing of the revised application that the
application is incomplete or the plan is not eligible under this
section. A special partition order issued by the corporation shall be
effective no later than 120 days after a plan's special partition
application is approved by the corporation or deemed approved.
``(e) Amount and Manner of Special Partition Assistance.--
``(1) In general.--The liabilities of an eligible
multiemployer plan that the corporation assumes pursuant to a
special partition order under this section shall be the amount
necessary for the plan to meet its funding goals described in
subsection (g).
``(2) No cap.--Liabilities assumed by the corporation
pursuant to a special partition order under this section shall
not be capped by the guarantee under section 4022A. The
corporation shall have discretion on how liabilities of the
plan are partitioned.
``(f) Successor Plan.--
``(1) In general.--The plan created by a special partition
order under this section is a successor plan to which section
4022A applies.
``(2) Plan sponsor and administrator.--The plan sponsor of
an eligible multiemployer plan prior to the special partition
and the administrator of such plan shall be the plan sponsor
and the administrator, respectively, of the plan created by the
partition.
``(g) Funding Goals.--
``(1) In general.--The funding goals of a multiemployer
plan eligible for partition under this section are both of the
following:
``(A) The plan will remain solvent over 30 years
with no reduction in a participant's or beneficiary's
accrued benefit (except to the extent of a reduction in
accordance with section 305(e)(8) adopted prior to the
plan's application for partition under this section).
``(B) The funded percentage of the plan
(disregarding partitioned benefits) at the end of the
30-year period is projected to be 80 percent.
``(2) Basis.--The funding projections under paragraph (1)
shall be performed on a deterministic basis.
``(h) Restoration of Benefit Suspensions.--An eligible
multiemployer plan that is partitioned under this section shall--
``(1) reinstate any benefits that were suspended under
section 305(e)(9) or section 4245(a), effective as of the first
month the special partition order is effective, for
participants or beneficiaries as of the effective date of the
partition; and
``(2) provide payments equal to the amount of benefits
previously suspended to any participants or beneficiaries in
pay status as of the effective date of the special partition,
payable in the form of a lump sum within 3 months of such
effective date or in equal monthly installments over a period
of 5 years, with no adjustment for interest.
``(i) Adjustment of Special Partition Assistance.--
``(1) In general.--Every 5 years, the corporation shall
adjust the special partition assistance described in subsection
(e) as necessary for the eligible multiemployer plan to satisfy
the funding goals described in subsection (g). If the 30 year
period described in subsection (g) has lapsed, in applying this
paragraph, 5 years shall be substituted for 30 years.
``(2) Submission of information.--An eligible multiemployer
plan that is the subject of a special partition order under
subsection (a) shall submit such information as the corporation
may require to determine the amount of the adjustment under
paragraph (1).
``(3) Cessation of adjustments.--Adjustments under this
subsection with respect to special partition assistance for an
eligible multiemployer plan shall cease and the corporation
shall permanently assume liability for payment of any benefits
transferred to the successor plan (subject to subsection (l))
beginning with the first plan year that the funded percentage
of the eligible multiemployer plan (disregarding partitioned
benefits) is at least 80 percent and the plan's projected
funded percentage for each of the next 10 years is at least 80
percent. Any accumulated funding deficiency of the plan (within
the meaning of section 304(a)) shall be reduced to zero as of
the first day of the plan year for which partition assistance
is permanent under this paragraph.
``(j) Conditions on Plans During Partition.--
``(1) In general.--The corporation may impose, by
regulation, reasonable conditions on an eligible multiemployer
plan that is partitioned under section (a) relating to
increases in future accrual rates and any retroactive benefit
improvements, allocation of plan assets, reductions in employer
contribution rates, diversion of contributions to, and
allocation of, expenses to other retirement plans, and
withdrawal liability.
``(2) Limitations.--The corporation shall not impose
conditions on an eligible multiemployer plan as a condition of
or following receipt of such partition assistance under this
section relating to--
``(A) any reduction in plan benefits (including
benefits that may be adjusted pursuant to section
305(e)(8));
``(B) plan governance, including selection of,
removal of, and terms of contracts with, trustees,
actuaries, investment managers, and other service
providers; or
``(C) any funding rules relating to the plan that
is partitioned under this section.
``(3) Condition.--An eligible multiemployer plan that is
partitioned under subsection (a) shall continue to pay all
premiums due under section 4007 for participants and
beneficiaries in the plan created by a special partition order
until the plan year beginning after a cessation of adjustments
applies under subsection (i).
``(k) Withdrawal Liability.--An employer's withdrawal liability for
purposes of this title shall be calculated taking into account any plan
liabilities that are partitioned under subsection (a) until the plan
year beginning after the expiration of 15 calendar years from the
effective date of the partition.
``(l) Cessation of Partition Assistance.--If a plan that receives
partition assistance under this section becomes insolvent for purposes
of section 418E of the Internal Revenue Code of 1986, the plan shall no
longer be eligible for assistance under this section and shall be
eligible for assistance under section 4261.
``(m) Reporting.--An eligible multiemployer plan that receives
partition assistance under this section shall file with the corporation
a report, including the following information, in such manner (which
may include electronic filing requirements) and at such time as the
corporation requires:
``(1) The funded percentage (as defined in section
305(j)(2)) as of the first day of such plan year, and the
underlying actuarial value of assets and liabilities taken into
account in determining such percentage.
``(2) The market value of the assets of the plan
(determined as provided in paragraph (1)) as of the last day of
the plan year preceding such plan year.
``(3) The total value of all contributions made by
employers and employees during the plan year preceding such
plan year.
``(4) The total value of all benefits paid during the plan
year preceding such plan year.
``(5) Cash flow projections for such plan year and the 9
succeeding plan years, and the assumptions used in making such
projections.
``(6) Funding standard account projections for such plan
year and the 9 succeeding plan years, and the assumptions
relied upon in making such projections.
``(7) The total value of all investment gains or losses
during the plan year preceding such plan year.
``(8) Any significant reduction in the number of active
participants during the plan year preceding such plan year, and
the reason for such reduction.
``(9) A list of employers that withdrew from the plan in
the plan year preceding such plan year, the payment schedule
with respect to such withdrawal liability, and the resulting
reduction in contributions.
``(10) A list of employers that paid withdrawal liability
to the plan during the plan year preceding such plan year and,
for each employer, a total assessment of the withdrawal
liability paid, the annual payment amount, and the number of
years remaining in the payment schedule with respect to such
withdrawal liability.
``(11) Any material changes to benefits, accrual rates, or
contribution rates during the plan year preceding such plan
year, and whether such changes relate to the conditions of the
partition assistance.
``(12) Details regarding any funding improvement plan or
rehabilitation plan and updates to such plan.
``(13) The number of participants and beneficiaries during
the plan year preceding such plan year who are active
participants, the number of participants and beneficiaries in
pay status, and the number of terminated vested participants
and beneficiaries.
``(14) The information contained on the most recent annual
funding notice submitted by the plan under section 101(f).
``(15) The information contained on the most recent annual
return under section 6058 of the Internal Revenue Code of 1986
and actuarial report under section 6059 of such Code of the
plan.
``(16) Copies of the plan document and amendments, other
retirement benefit or ancillary benefit plans relating to the
plan and contribution obligations under such plans, a breakdown
of administrative expenses of the plan, participant census data
and distribution of benefits, the most recent actuarial
valuation report as of the plan year, financial reports, and
copies of the portions of collective bargaining agreements
relating to plan contributions, funding coverage, or benefits,
and such other information as the corporation may reasonably
require.
Any information disclosed by a plan to the corporation that could
identify individual employers shall be confidential and not subject to
publication or disclosure.
``(n) Report to Congress.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section and annually thereafter, the board of
directors of the corporation shall submit to the Committee on
Health, Education, Labor, and Pensions and the Committee on
Finance of the Senate and the Committee on Education and Labor
and the Committee on Ways and Means of the House of
Representatives a detailed report on the implementation and
administration of this section. Such report shall include--
``(A) information on the name and number of
multiemployer plans that have applied for partition
assistance under this section;
``(B) the name and number of such plans that have
been approved for partition assistance under this
section and the name and number of the plans that have
not been approved for special partition assistance;
``(C) a detailed rationale for any decision by the
corporation to not approve an application for special
partition assistance;
``(D) the amount of special partition assistance
provided to eligible multiemployer plans (including
amounts provided on an individual plan basis and in the
aggregate);
``(E) the name and number of the multiemployer
plans that restored benefit suspensions and provided
lump sum or monthly installment payments to
participants or beneficiaries;
``(F) the amount of benefits that were restored and
lump sum or monthly installment payments that were paid
(including amounts provided on an individual plan basis
and in the aggregate);
``(G) the name and number of the plans that
received adjustments to partition assistance under
subsection (i);
``(H) a list of, and rationale for, each reasonable
condition imposed by the corporation on plans approved
for special partition assistance under this section;
``(I) the contracts that have been awarded by the
corporation to implement or administer this section;
``(J) the number, purpose, and dollar amounts of
the contracts that have been awarded to implement or
administer the section;
``(K) a detailed summary of the reports required
under subsection (m); and
``(L) a detailed summary of the feedback received
on the pension relief internet website established
under subsection (p).
``(2) PBGC certification.--The board of directors of the
corporation shall include with the report under paragraph (1) a
certification and affirmation that the amount of special
partition assistance provided to each plan under this section
is the amount necessary to meet its funding goals under
subsection (g), including, if applicable, any adjustment of
special partition assistance as determined under subsection
(i).
``(3) Confidentiality.--Congress may publicize the reports
received under paragraph (1) only after redacting all sensitive
or proprietary information.
``(o) GAO Report.--Not later than 1 year after the first partition
application is approved by the corporation under this section, and
biennially thereafter, the Comptroller General of the United States
shall submit to the Committee on Health, Education, Labor, and Pensions
and the Committee on Finance of the Senate and the Committee on
Education and Labor and the Committee on Ways and Means of the House of
Representatives a detailed report on the actions of the corporation to
implement and administer this section, including an examination of the
contracts awarded by such corporation to carry out this section and an
analysis of such corporation's compliance with subsections (e) and (g).
``(p) Special Partition Relief Website.--
``(1) Establishment.--Not later than 120 days after the
date of enactment of this section, the corporation shall
establish and maintain a user-friendly, public-facing internet
website to foster greater accountability and transparency in
the implementation and administration of this section.
``(2) Purpose.--The internet website established and
maintained under paragraph (1) shall be a portal to key
information relating to this section for multiemployer plan
administrators and trustees, plan participants, beneficiaries,
participating employers, other stakeholders, and the public.
``(3) Content and function.--The internet website
established under paragraph (1) shall--
``(A) describe the nature and scope of the special
partition authority and assistance under this section
in a manner calculated to be understood by the average
plan participant;
``(B) include published guidance, regulations, and
all other relevant information on the implementation
and administration of this section;
``(C) include, with respect to plan applications
for special partition assistance--
``(i) a general description of the process
by which eligible plans can apply for special
partition assistance, information on how and
when the corporation will process and consider
plan applications;
``(ii) information on how the corporation
will address any incomplete applications as
specified in under this section;
``(iii) a list of the plans that have
applied for special partition assistance and,
for each application, the date of submission of
a completed application;
``(iv) the text of each plan's completed
application for special partition assistance
with appropriate redactions of personal,
proprietary, or sensitive information;
``(v) the estimated date that a decision
will be made by the corporation on each
application;
``(vi) the actual date when such decision
is made;
``(vii) the corporation's decision on each
application; and
``(viii) as applicable, a detailed
rationale for any decision not to approve a
plan's application for special partition
assistance;
``(D) provide detailed information on each contract
solicited and awarded to implement or administer this
section;
``(E) include reports, audits, and other relevant
oversight and accountability information on this
section, including the annual reports submitted by the
board of directors of the corporation to Congress
required under subsection (n), the Office of the
Inspector General audits, correspondence, and
publications, and the Government Accountability Office
reports under subsection (o);
``(F) provide a clear means for multiemployer plan
administrators, plan participants, beneficiaries, other
stakeholders, and the public to contact the corporation
and provide feedback on the implementation and
administration of this section; and
``(G) be regularly updated to carry out the
purposes of this subsection.
``(q) Office of Inspector General.--There is authorized to be
appropriated to the corporation's Office of Inspector General
$24,000,000 for fiscal year 2020, which shall remain available through
September 30, 2028, for salaries and expenses necessary for conducting
investigations and audits of the implementation and administration of
this section.
``(r) Application of Excise Tax.--During the period that a plan is
subject to a partition order under this section and prior to a
cessation of adjustments pursuant to subsection (i)(3), the plan shall
not be subject to section 4971 of the Internal Revenue Code of 1986.''.
SEC. 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 (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 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 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.
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--
``(A) each of which is reasonable (taking into
account the experience of the plan and reasonable
expectations);
``(B) which, in combination, offer the actuary's
best estimate of anticipated experience under the plan;
and
``(C) with respect to which any change from the
actuarial assumptions and methods used in the previous
plan year shall be certified by the plan actuary and
the actuarial rationale for such change provided in the
annual report required by section 103.
``(2) Fair market value of assets.--The value of the plan's
assets shall be taken into account on the basis of their fair
market value.
``(3) Determination of normal cost and plan liabilities.--A
plan's normal cost and liabilities shall be based on the most
recent actuarial valuation required under section 801(a)(5)(A)
and the unit credit funding method.
``(4) Time when certain contributions deemed made.--Any
contributions for a plan year made by an employer after the
last day of such plan year, but not later than two and one-half
months after such day, shall be deemed to have been made on
such last day. For purposes of this paragraph, such two and
one-half month period may be extended for not more than six
months under regulations prescribed by the Secretary of the
Treasury.
``(5) Additional actuarial assumptions.--Except where
otherwise provided in this part, the provisions of section
305(b)(3)(B) shall apply to any determination or projection
under this part.
``SEC. 803. REALIGNMENT PROGRAM.
``(a) Realignment Program.--
``(1) Adoption.--In any case in which the plan actuary
certifies under section 802(a) that the plan's projected funded
ratio is below 120 percent for the plan year, the plan sponsor
shall adopt a realignment program under paragraph (2) not later
than 210 days after the due date of the certification required
under such section 802(a). The plan sponsor shall adopt an
updated realignment program for each succeeding plan year for
which a certification described in the preceding sentence is
made.
``(2) Content of realignment program.--
``(A) In general.--A realignment program adopted
under this paragraph is a written program which
consists of all reasonable measures, including options
or a range of options to be undertaken by the plan
sponsor or proposed to the bargaining parties,
formulated, based on reasonably anticipated experience
and reasonable actuarial assumptions, to enable the
plan to achieve a projected funded ratio of at least
120 percent for the following plan year.
``(B) Initial program elements.--Reasonable
measures under a realignment program described in
subparagraph (A) may include any of the following:
``(i) Proposed contribution increases.
``(ii) A reduction in the rate of future
benefit accruals, so long as the resulting rate
is not less than 1 percent of the contributions
on which benefits are based as of the start of
the plan year (or the equivalent standard
accrual rate as described in section
305(e)(6)).
``(iii) A modification or elimination of
adjustable benefits of participants that are
not in pay status before the date of the notice
required under subsection (b)(1).
``(iv) Any other lawfully available
measures not specifically described in this
subparagraph or subparagraph (C) or (D) that
the plan sponsor determines are reasonable.
``(C) Additional program elements.--If the plan
sponsor has determined that all reasonable measures
available under subparagraph (B) will not enable the
plan to achieve a projected funded ratio of at least
120 percent for the following plan year, such
reasonable measures may also include--
``(i) a reduction of accrued benefits that
are not in pay status by the date of the notice
required under subsection (b)(1); or
``(ii) a reduction of any benefits of
participants that are in pay status before the
date of the notice required under subsection
(b)(1) other than core benefits as defined in
paragraph (4).
``(D) Additional reductions.--In the case of a
composite plan for which the plan sponsor has
determined that all reasonable measures available under
subparagraphs (B) and (C) will not enable the plan to
achieve a projected funded ratio of at least 120
percent for the following plan year, such reasonable
measures may also include--
``(i) a further reduction in the rate of
future benefit accruals without regard to the
limitation applicable under subparagraph
(B)(ii); or
``(ii) a reduction of core benefits;
provided that such reductions shall be equitably
distributed across the participant and beneficiary
population, taking into account factors, with respect
to participants and beneficiaries and their benefits,
that may include one or more of the factors listed in
subclauses (I) through (X) of section 305(e)(9)(D)(vi),
to the extent necessary to enable the plan to achieve a
projected funded ratio of at least 120 percent for the
following plan year, or at the election of the plan
sponsor, a projected funded ratio of at least 100
percent for the following plan year and a current
funded ratio of at least 90 percent.
``(3) Adjustable benefit defined.--For purposes of this
part, the term `adjustable benefit' means--
``(A) benefits, rights, and features under the
plan, including post-retirement death benefits, 60-
month guarantees, disability benefits not yet in pay
status, and similar benefits;
``(B) any early retirement benefit or retirement-
type subsidy (within the meaning of section
204(g)(2)(A)) and any benefit payment option (other
than the qualified joint and survivor annuity); and
``(C) benefit increases that were adopted (or, if
later, took effect) less than 60 months before the
first day such realignment program took effect.
``(4) Core benefit defined.--For purposes of this part, the
term `core benefit' means a participant's accrued benefit
payable in the normal form of an annuity commencing at normal
retirement age, determined without regard to--
``(A) any early retirement benefits, retirement-
type subsidies, or other benefits, rights, or features
that may be associated with that benefit; and
``(B) any cost-of-living adjustments or benefit
increases effective after the date of retirement.
``(5) Coordination with contribution increases.--
``(A) In general.--A realignment program may
provide that some or all of the benefit modifications
described in the program will only take effect if the
bargaining parties fail to agree to specified levels of
increases in contributions to the plan, effective as of
specified dates.
``(B) Independent benefit modifications.--If a
realignment program adopts any changes to the benefit
formula that are independent of potential contribution
increases, such changes shall take effect not later
than 180 days after the first day of the first plan
year that begins following the adoption of the
realignment program.
``(C) Conditional benefit modifications.--If a
realignment program adopts any changes to the benefit
formula that take effect only if the bargaining parties
fail to agree to contribution increases, such changes
shall take effect not later than the first day of the
first plan year beginning after the third anniversary
of the date of adoption of the realignment program.
``(D) Revocation of certain benefit
modifications.--Benefit modifications described in
subparagraph (C) may be revoked, in whole or in part,
and retroactively or prospectively, when contributions
to the plan are increased, as specified in the
realignment program, including any amendments thereto.
The preceding sentence shall not apply unless the
contribution increases are to be effective not later
than the fifth anniversary of the first day of the
first plan year that begins after the adoption of the
realignment program.
``(b) Notice.--
``(1) In general.--In any case in which it is certified
under section 802(a) that the projected funded ratio is less
than 120 percent, the plan sponsor shall, not later than 30
days after the date of the certification, provide notification
of the current and projected funded ratios to the participants
and beneficiaries, the bargaining parties, and the Secretary.
Such notice shall include--
``(A) an explanation that contribution rate
increases or benefit reductions may be necessary;
``(B) a description of the types of benefits that
might be reduced; and
``(C) an estimate of the contribution increases and
benefit reductions that may be necessary to achieve a
projected funded ratio of 120 percent.
``(2) Notice of benefit modifications.--
``(A) In general.--No modifications may be made
that reduce the rate of future benefit accrual or that
reduce core benefits or adjustable benefits unless
notice of such reduction has been given at least 180
days before the general effective date of such
reduction for all participants and beneficiaries to--
``(i) plan participants and beneficiaries;
``(ii) each employer who has an obligation
to contribute to the composite plan; and
``(iii) each employee organization which,
for purposes of collective bargaining,
represents plan participants employed by such
employers.
``(B) Content of notice.--The notice under
subparagraph (A) shall contain--
``(i) sufficient information to enable
participants and beneficiaries to understand
the effect of any reduction on their benefits,
including an illustration of any affected
benefit or subsidy, on an annual or monthly
basis that a participant or beneficiary would
otherwise have been eligible for as of the
general effective date described in
subparagraph (A); and
``(ii) information as to the rights and
remedies of plan participants and beneficiaries
as well as how to contact the Department of
Labor for further information and assistance,
where appropriate.
``(C) Form and manner.--Any notice under
subparagraph (A)--
``(i) shall be provided in a form and
manner prescribed in regulations of the
Secretary of Labor;
``(ii) shall be written in a manner so as
to be understood by the average plan
participant.
``(3) Model notices.--The Secretary shall--
``(A) prescribe model notices that the plan sponsor
of a composite plan may use to satisfy the notice
requirements under this subsection; and
``(B) by regulation enumerate any details related
to the elements listed in paragraph (1) that any notice
under this subsection must include.
``(4) Delivery method.--Any notice under this part shall be
provided in writing and may also be provided in electronic form
to the extent that the form is reasonably accessible to persons
to whom the notice is provided.
``SEC. 804. LIMITATION ON INCREASING BENEFITS.
``(a) Level of Current Funded Ratios.--Except as provided in
subsections (c), (d), and (e), no plan amendment increasing benefits or
establishing new benefits under a composite plan may be adopted for a
plan year unless--
``(1) the plan's current funded ratio is at least 110
percent (without regard to the benefit increase or new
benefits);
``(2) taking the benefit increase or new benefits into
account, the current funded ratio is at least 100 percent and
the projected funded ratio for the current plan year is at
least 120 percent;
``(3) in any case in which, after taking the benefit
increase or new benefits into account, the current funded ratio
is less than 140 percent and the projected funded ratio is less
than 140 percent, the benefit increase or new benefits are
projected by the plan actuary to increase the present value of
the plan's liabilities for the plan year by not more than 3
percent; and
``(4) expected contributions for the current plan year are
at least 120 percent of normal cost for the plan year,
determined using the unit credit funding method and treating
the benefit increase or new benefits as in effect for the
entire plan year.
``(b) Additional Requirements Where Core Benefits Reduced.--If a
plan has been amended to reduce core benefits pursuant to a realignment
program under section 803(a)(2)(D), such plan may not be subsequently
amended to increase core benefits unless the amendment--
``(1) increases the level of future benefit payments only;
and
``(2) provides for an equitable distribution of benefit
increases across the participant and beneficiary population,
taking into account the extent to which the benefits of
participants were previously reduced pursuant to such
realignment program.
``(c) Exception To Comply With Applicable Law.--Subsection (a)
shall not apply in connection with a plan amendment if the amendment is
required as a condition of qualification under part I of subchapter D
of chapter 1 of the Internal Revenue Code of 1986 or to comply with
other applicable law.
``(d) Exception Where Maximum Deductible Limit Applies.--Subsection
(a) shall not apply in connection with a plan amendment if and to the
extent that contributions to the composite plan would not be deductible
for the plan year under section 404(a)(1)(E) of the Internal Revenue
Code of 1986 if the plan amendment is not adopted.
``(e) Exception for Certain Benefit Modifications.--Subsection (a)
shall not apply in connection with a plan amendment under section
803(a)(5)(C), regarding conditional benefit modifications.
``(f) Treatment of Plan Amendments.--For purposes of this section--
``(1) if two or more plan amendments increasing benefits or
establishing new benefits are adopted in a plan year, such
amendments shall be treated as a single amendment adopted on
the last day of the plan year;
``(2) all benefit increases and new benefits adopted in a
single amendment are treated as a single benefit increase,
irrespective of whether the increases and new benefits take
effect in more than one plan year; and
``(3) increases in contributions or decreases in plan
liabilities which are scheduled to take effect in future plan
years may be taken into account in connection with a plan
amendment if they have been agreed to in writing or otherwise
formalized by the date the plan amendment is adopted.
``SEC. 805. COMPOSITE PLAN RESTRICTIONS TO PRESERVE LEGACY PLAN
FUNDING.
``(a) Treatment as a Legacy Plan.--
``(1) In general.--For purposes of this part and parts 2
and 3, a defined benefit plan shall be treated as a legacy plan
with respect to the composite plan under which the employees
who were eligible to accrue a benefit under the defined benefit
plan become eligible to accrue a benefit under such composite
plan.
``(2) Component plans.--In any case in which a defined
benefit plan is amended to add a composite plan component
pursuant to section 801(b), paragraph (1) shall be applied by
substituting `defined benefit component' for `defined benefit
plan' and `composite plan component' for `composite plan'.
``(3) Eligible to accrue a benefit.--For purposes of
paragraph (1), an employee is considered eligible to accrue a
benefit under a composite plan as of the first day in which the
employee completes an hour of service under a collective
bargaining agreement that provides for contributions to and
accruals under the composite plan in lieu of accruals under the
legacy plan.
``(4) Collective bargaining agreement.--As used in this
part, the term `collective bargaining agreement' includes any
agreement under which an employer has an obligation to
contribute to a plan.
``(5) Other terms.--Any term used in this part which is not
defined in this part and which is also used in section 305
shall have the same meaning provided such term in such section.
``(b) Restrictions on Acceptance by Composite Plan of Agreements
and Contributions.--
``(1) In general.--The plan sponsor of a composite plan
shall not accept or recognize a collective bargaining agreement
(or any modification to such agreement), and no contributions
may be accepted and no benefits may be accrued or otherwise
earned under the agreement--
``(A) in any case in which the plan actuary of any
defined benefit plan that would be treated as a legacy
plan with respect to such composite plan has certified
under section 305(b)(3) that such defined benefit plan
is or will be in critical status for the plan year in
which such agreement would take effect or for any of
the succeeding 5 plan years; and
``(B) unless the agreement requires each employer
who is a party to such agreement, including employers
whose employees are not participants in the legacy
plan, to provide contributions to the legacy plan with
respect to such composite plan in a manner that
satisfies the transition contribution requirements of
subsection (d).
``(2) Notice.--Not later than 30 days after a determination
by a plan sponsor of a composite plan that an agreement fails
to satisfy the requirements described in paragraph (1), the
plan sponsor shall provide notification of such failure and the
reasons for such determination--
``(A) to the parties to the agreement;
``(B) to active participants of the composite plan
who have ceased to accrue or otherwise earn benefits
with respect to service with an employer pursuant to
paragraph (1); and
``(C) to the Secretary, the Secretary of the
Treasury, and the Pension Benefit Guaranty Corporation.
``(3) Limitation on retroactive effect.--This subsection
shall not apply to benefits accrued before the date on which
notice is provided under paragraph (2).
``(c) Restriction on Accrual of Benefits Under a Composite Plan.--
``(1) In general.--In any case in which an employer, under
a collective bargaining agreement entered into after the date
of enactment of the Giving Retirement Options to Workers Act of
2020, ceases to have an obligation to contribute to a
multiemployer defined benefit plan, no employees employed by
the employer may accrue or otherwise earn benefits under any
composite plan, with respect to service with that employer, for
a 60-month period beginning on the date on which the employer
entered into such collective bargaining agreement.
``(2) Notice of cessation of obligation.--Within 30 days of
determining that an employer has ceased to have an obligation
to contribute to a legacy plan with respect to employees
employed by an employer that is or will be contributing to a
composite plan with respect to service of such employees, the
plan sponsor of the legacy plan shall notify the plan sponsor
of the composite plan of that cessation.
``(3) Notice of cessation of accruals.--Not later than 30
days after determining that an employer has ceased to have an
obligation to contribute to a legacy plan, the plan sponsor of
the composite plan shall notify the bargaining parties, the
active participants affected by the cessation of accruals, the
Secretary, the Secretary of the Treasury, and the Pension
Benefit Guaranty Corporation of the cessation of accruals, the
period during which such cessation is in effect, and the
reasons therefor.
``(4) Limitation on retroactive effect.--This subsection
shall not apply to benefits accrued before the date on which
notice is provided under paragraph (3).
``(d) Transition Contribution Requirements.--
``(1) In general.--A collective bargaining agreement
satisfies the transition contribution requirements of this
subsection if the agreement--
``(A) authorizes payment of contributions to a
legacy plan at a rate or rates equal to or greater than
the transition contribution rate established by the
legacy plan under paragraph (2); and
``(B) does not provide for--
``(i) a suspension of contributions to the
legacy plan with respect to any period of
service; or
``(ii) any new direct or indirect exclusion
of younger or newly hired employees of the
employer from being taken into account in
determining contributions owed to the legacy
plan.
``(2) Transition contribution rate.--
``(A) In general.--The transition contribution rate
for a plan year is the contribution rate that, as
certified by the actuary of the legacy plan in
accordance with the principles in section 305(b)(3)(B),
is reasonably expected to be adequate--
``(i) to fund the normal cost for the plan
year;
``(ii) to amortize the plan's unfunded
liabilities in level annual installments over
25 years, beginning with the plan year in which
the transition contribution rate is first
established; and
``(iii) to amortize any subsequent changes
in the legacy plan's unfunded liability due to
experience gains or losses (including
investment gains or losses, gains or losses due
to contributions greater or less than the
contributions made under the prior transition
contribution rate, and other actuarial gains or
losses), changes in actuarial assumptions,
changes to the legacy plan's benefits, or
changes in funding method over a period of 15
plan years beginning with the plan year in
which such change in unfunded liability is
incurred.
The transition contribution rate for any plan year may
not be less than the transition contribution rate for
the plan year in which such rate is first established.
``(B) Multiple rates.--If different rates of
contribution are payable to the legacy plan by
different employers or for different classes of
employees, the certification shall specify a transition
contribution rate for each such employer.
``(C) Rate applicable to employer.--
``(i) In general.--Except as provided by
clause (ii), the transition contribution rate
applicable to an employer for a plan year is
the rate in effect for the plan year of the
legacy plan that commences on or after 180 days
before the earlier of--
``(I) the effective date of the
collective bargaining agreement
pursuant to which the employer
contributes to the legacy plan; or
``(II) 5 years after the last plan
year for which the transition
contribution rate applicable to the
employer was established or updated.
``(ii) Exception.--The transition
contribution rate applicable to an employer for
the first plan year beginning on or after the
commencement of the employer's obligation to
contribute to the composite plan is the rate in
effect for the plan year of the legacy plan
that commences on or after 180 days before such
first plan year.
``(D) Effect of legacy plan financial
circumstances.--If the plan actuary of the legacy plan
has certified under section 305 that the plan is in
endangered or critical status for a plan year, the
transition contribution rate for the following plan
year is the rate determined with respect to the
employer under the legacy plan's funding improvement or
rehabilitation plan under section 305, if greater than
the rate otherwise determined, but in no event greater
than 75 percent of the sum of the contribution rates
applicable to the legacy plan and the composite plan
for the plan year.
``(E) Other actuarial assumptions and methods.--
Except as provided in subparagraph (A), the
determination of the transition contribution rate for a
plan year shall be based on actuarial assumptions and
methods consistent with the minimum funding
determinations made under section 304 (or, if
applicable, section 305) with respect to the legacy
plan for the plan year.
``(F) Adjustments in rate.--The plan sponsor of a
legacy plan from time to time may adjust the transition
contribution rate or rates applicable to an employer
under this paragraph by increasing some rates and
decreasing others if the actuary certifies that such
adjusted rates in combination will produce projected
contribution income for the plan year beginning on or
after the date of certification that is not less than
would be produced by the transition contribution rates
in effect at the time of the certification.
``(G) Notice of transition contribution rate.--The
plan sponsor of a legacy plan shall provide notice to
the parties to collective bargaining agreements
pursuant to which contributions are made to the legacy
plan of changes to the transition contribution rate
requirements at least 30 days before the beginning of
the plan year for which the rate is effective.
``(H) Notice to composite plan sponsor.--Not later
than 30 days after a determination by the plan sponsor
of a legacy plan that a collective bargaining agreement
provides for a rate of contributions that is below the
transition contribution rate applicable to one or more
employers that are parties to the collective bargaining
agreement, the plan sponsor of the legacy plan shall
notify the plan sponsor of any composite plan under
which employees of such employer would otherwise be
eligible to accrue a benefit.
``(3) Correction procedures.--Pursuant to standards
prescribed by the Secretary, the plan sponsor of a composite
plan shall adopt rules and procedures that give the parties to
the collective bargaining agreement notice of the failure of
such agreement to satisfy the transition contribution
requirements of this subsection, and a reasonable opportunity
to correct such failure, not to exceed 180 days from the date
of notice given under subsection (b)(2).
``(4) Supplemental contributions.--A collective bargaining
agreement may provide for supplemental contributions to the
legacy plan for a plan year in excess of the transition
contribution rate determined under paragraph (2), regardless of
whether the legacy plan is in endangered or critical status for
such plan year.
``(e) Nonapplication of Composite Plan Restrictions.--
``(1) In general.--The provisions of subsections (a), (b),
and (c) shall not apply with respect to a collective bargaining
agreement, to the extent the agreement, or a predecessor
agreement, provides or provided for contributions to a defined
benefit plan that is a legacy plan, as of the first day of the
first plan year following a plan year for which the plan
actuary certifies that the plan is fully funded, has been fully
funded for at least three out of the immediately preceding 5
plan years, and is projected to remain fully funded for at
least the following 4 plan years.
``(2) Determination of fully funded.--A plan is fully
funded for purposes of paragraph (1) if, as of the valuation
date of the plan for a plan year, the value of the plan's
assets equals or exceeds the present value of the plan's
liabilities, determined in accordance with the rules prescribed
by the Pension Benefit Guaranty Corporation under sections
4219(c)(1)(D) and 4281 for multiemployer plans terminating by
mass withdrawal, as in effect for the date of the
determination, except the plan's reasonable assumption
regarding the starting date of benefits may be used.
``(3) Other applicable rules.--Except as provided in
paragraph (2), actuarial determinations and projections under
this section shall be based on the rules in section 305(b)(3)
and section 802(b).
``SEC. 806. MERGERS AND ASSET TRANSFERS OF COMPOSITE PLANS.
``(a) In General.--Assets and liabilities of a composite plan may
only be merged with, or transferred to, another plan if--
``(1) the other plan is a composite plan;
``(2) the plan or plans resulting from the merger or
transfer is a composite plan;
``(3) no participant's accrued benefit or adjustable
benefit is lower immediately after the transaction than it was
immediately before the transaction; and
``(4) the value of the assets transferred in the case of a
transfer reasonably reflects the value of the amounts
contributed with respect to the participants whose benefits are
being transferred, adjusted for allocable distributions,
investment gains and losses, and administrative expenses.
``(b) Legacy Plan.--
``(1) In general.--After a merger or transfer involving a
composite plan, the legacy plan with respect to an employer
that is obligated to contribute to the resulting composite plan
is the legacy plan that applied to that employer immediately
before the merger or transfer.
``(2) Multiple legacy plans.--If an employer is obligated
to contribute to more than one legacy plan with respect to
employees eligible to accrue benefits under more than one
composite plan and there is a merger or transfer of such legacy
plans, the transition contribution rate applicable to the
legacy plan resulting from the merger or transfer with respect
to that employer shall be determined in accordance with the
provisions of section 805(d)(2)(B).''.
(2) Penalties.--
(A) Civil enforcement of failure to comply with
realignment program.--Section 502(a) of such Act (29
U.S.C. 1132(a)) is amended--
(i) in paragraph (10), by striking ``or''
at the end;
(ii) in paragraph (11), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(12) in the case of a composite plan required to adopt a
realignment program under section 803, if the plan sponsor--
``(A) has not adopted a realignment program under
that section by the deadline established in such
section; or
``(B) fails to update or comply with the terms of
the realignment program in accordance with the
requirements of such section,
by the Secretary, by an employer that has an obligation to
contribute with respect to the composite plan, or by an
employee organization that represents active participants in
the composite plan, for an order compelling the plan sponsor to
adopt a realignment program, or to update or comply with the
terms of the realignment program, in accordance with the
requirements of such section and the realignment program.''.
(B) Civil penalties.--Section 502(c) of such Act
(29 U.S.C. 1132(c)) is amended--
(i) by moving paragraphs (8), (10), and
(12) each 2 ems to the left;
(ii) by redesignating paragraphs (9)
through (12) as paragraphs (12) through (15),
respectively; and
(iii) by inserting after paragraph (8) the
following:
``(9) The Secretary may assess against any plan sponsor of
a composite plan a civil penalty of not more than $1,100 per
day for each violation by such sponsor--
``(A) of the requirement under section 802(a) on
the plan actuary to certify the plan's current or
projected funded ratio by the date specified in such
subsection; or
``(B) of the requirement under section 803 to adopt
a realignment program by the deadline established in
that section and to comply with its terms.
``(10)(A) The Secretary may assess against any plan sponsor
of a composite plan a civil penalty of not more than $100 per
day for each violation by such sponsor of the requirement under
section 803(b) to provide notice as described in such section,
except that no penalty may be assessed in any case in which the
plan sponsor exercised reasonable diligence to meet the
requirements of such section and--
``(i) the plan sponsor did not know that the
violation existed; or
``(ii) the plan sponsor provided such notice during
the 30-day period beginning on the first date on which
the plan sponsor knew, or in exercising reasonable due
diligence should have known, that such violation
existed.
``(B) In any case in which the plan sponsor exercised
reasonable diligence to meet the requirements of section
803(b)--
``(i) the total penalty assessed under this
paragraph against such sponsor for a plan year may not
exceed $500,000; and
``(ii) the Secretary may waive part or all of such
penalty to the extent that the payment of such penalty
would be excessive or otherwise inequitable relative to
the violation involved.
``(11) The Secretary may assess against any plan sponsor of
a composite plan a civil penalty of not more than $100 per day
for each violation by such sponsor of the notice requirements
under sections 801(b)(5) and 805(b)(2).''.
(3) Conforming amendment.--The table of contents in section
1 of such Act (29 U.S.C. 1001 note) is amended by inserting
after the item relating to section 734 the following:
``Part 8--Composite Plans and Legacy Plans
``Sec. 801. Composite plan defined.
``Sec. 802. Funded ratios; actuarial assumptions.
``Sec. 803. Realignment program.
``Sec. 804. Limitation on increasing benefits.
``Sec. 805. Composite plan restrictions to preserve legacy plan
funding.
``Sec. 806. Mergers and asset transfers of composite plans.''.
(b) Amendment to the Internal Revenue Code of 1986.--
(1) In general.--Part III of subchapter D of chapter 1 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following:
``Subpart C--Composite Plans and Legacy Plans
``Sec. 437. Composite plan defined.
``Sec. 438. Funded ratios; actuarial assumptions.
``Sec. 439. Realignment program.
``Sec. 440. Limitation on increasing benefits.
``Sec. 440A. Composite plan restrictions to preserve legacy plan
funding.
``Sec. 440B. Mergers and asset transfers of composite plans.
``SEC. 437. COMPOSITE PLAN DEFINED.
``(a) In General.--For purposes of this title, the term `composite
plan' means a pension plan--
``(1) which is a multiemployer plan that is neither a
defined benefit plan nor a defined contribution plan,
``(2) the terms of which provide that the plan is a
composite plan for purposes of this title with respect to which
not more than one multiemployer defined benefit plan is treated
as a legacy plan within the meaning of section 440A, unless
there is more than one legacy plan following a merger of
composite plans under section 440B,
``(3) which provides systematically for the payment of
benefits--
``(A) objectively calculated pursuant to a formula
enumerated in the plan document with respect to plan
participants after retirement, for life, and
``(B) in the form of life annuities, except for
benefits which under section 411(a)(11) may be
immediately distributed without the consent of the
participant,
``(4) for which the plan contributions for the first plan
year are at least 120 percent of the normal cost for the plan
year,
``(5) which requires--
``(A) an annual valuation of the liability of the
plan as of a date within the plan year to which the
valuation refers or within one month prior to the
beginning of such year,
``(B) an annual actuarial determination of the
plan's current funded ratio and projected funded ratio
under section 438(a),
``(C) corrective action through a realignment
program pursuant to section 439 whenever the plan's
projected funded ratio is below 120 percent for the
plan year, and
``(D) an annual notification to each participant
describing the participant's benefits under the plan
and explaining that such benefits may be subject to
reduction under a realignment program pursuant to
section 439 based on the plan's funded status in future
plan years, and
``(6) the board of trustees of which includes at least one
retiree or beneficiary in pay status during each plan year
following the first plan year in which at least 5 percent of
the participants in the plan are retirees or beneficiaries in
pay status.
``(b) Transition From a Multiemployer Defined Benefit Plan.--
``(1) In general.--The plan sponsor of a defined benefit
plan that is a multiemployer plan may, subject to paragraph
(2), amend the plan to incorporate the features of a composite
plan as a component of the multiemployer plan separate from the
defined benefit plan component, except in the case of a defined
benefit plan for which the plan actuary has certified under
section 432(b)(3) that the plan is or will be in critical
status for the plan year in which such amendment would become
effective or for any of the succeeding 5 plan years.
``(2) Requirements.--Any amendment pursuant to paragraph
(1) to incorporate the features of a composite plan as a
component of a multiemployer plan shall--
``(A) apply with respect to all collective
bargaining agreements providing for contributions to
the multiemployer plan on or after the effective date
of the amendment,
``(B) apply with respect to all participants in the
multiemployer plan for whom contributions are made to
the multiemployer plan on or after the effective date
of the amendment,
``(C) specify that the effective date of the
amendment is--
``(i) the first day of a specified plan
year following the date of the adoption of the
amendment, except that the plan sponsor may
alternatively provide for a separate effective
date with respect to each collective bargaining
agreement under which contributions to the
multiemployer plan are required, which shall
occur on the first day of the first plan year
beginning after the termination, or if earlier,
the re-opening, of each such agreement, or such
earlier date as the parties to the agreement
and the plan sponsor of the multiemployer plan
shall agree to, and
``(ii) not later than the first day of the
fifth plan year beginning on or after the date
of the adoption of the amendment,
``(D) specify that, as of the amendment's effective
date, no further benefits shall accrue under the
defined benefit component of the multiemployer plan,
and
``(E) specify that, as of the amendment's effective
date, the plan sponsor of the multiemployer plan shall
be the plan sponsor of both the composite plan
component and the defined benefit plan component of the
plan.
``(3) Special rules.--If a multiemployer plan is amended
pursuant to paragraph (1)--
``(A) the requirements of this title shall be
applied to the composite plan component and the defined
benefit plan component of the multiemployer plan as if
each such component were maintained as a separate plan,
and
``(B) the assets of the composite plan component
and the defined benefit plan component of the plan
shall be held in a single trust forming part of the
plan under which the trust instrument expressly
provides--
``(i) for separate accounts (and
appropriate records) to be maintained to
reflect the interest which each of the plan
components has in the trust, including separate
accounting for additions to the trust for the
benefit of each plan component, disbursements
made from each plan component's account in the
trust, investment experience of the trust
allocable to that account, and administrative
expenses (whether direct expenses or shared
expenses allocated proportionally), and
permits, but does not require, the pooling of
some or all of the assets of the two plan
components for investment purposes, and
``(ii) that the assets of each of the two
plan components shall be held, invested,
reinvested, managed, administered and
distributed for the exclusive benefit of the
participants and beneficiaries of each such
plan component, and in no event shall the
assets of one of the plan components be
available to pay benefits due under the other
plan component.
``(4) Not a termination event.--Notwithstanding section
4041A of the Employee Retirement Income Security Act of 1974,
an amendment pursuant to paragraph (1) to incorporate the
features of a composite plan as a component of a multiemployer
plan does not constitute termination of the multiemployer plan.
``(5) Notice to the secretary.--
``(A) Notice.--The plan sponsor of a composite plan
shall provide notice to the Secretary of the intent to
establish the composite plan (or, in the case of a
composite plan incorporated as a component of a
multiemployer plan as described in paragraph (1), the
intent to amend the multiemployer plan to incorporate
such composite plan) at least 30 days prior to the
effective date of such establishment or amendment.
``(B) Certification.--In the case of a composite
plan incorporated as a component of a multiemployer
plan as described in paragraph (1), such notice shall
include a certification by the plan actuary under
section 432(b)(3) that the effective date of the
amendment occurs in a plan year for which the
multiemployer plan is not in critical status for that
plan year and any of the succeeding 5 plan years.
``(6) References to composite plan component.--As used in
this subpart, the term `composite plan' includes a composite
plan component added to a defined benefit plan pursuant to
paragraph (1).
``(7) Rule of construction.--Paragraph (2)(A) shall not be
construed as preventing the plan sponsor of a multiemployer
plan from adopting an amendment pursuant to paragraph (1)
because some collective bargaining agreements are amended to
cease any covered employer's obligation to contribute to the
multiemployer plan before or after the plan amendment is
effective. Paragraph (2)(B) shall not be construed as
preventing the plan sponsor of a multiemployer plan from
adopting an amendment pursuant to paragraph (1) because some
participants cease to have contributions made to the
multiemployer plan on their behalf before or after the plan
amendment is effective.
``(c) Coordination With Funding Rules.--Except as otherwise
provided in this title, sections 412, 431, and 432 shall not apply to a
composite plan.
``(d) Treatment of a Composite Plan.--For purposes of this title
(other than sections 412 and 418E), a composite plan shall be treated
as if it were a defined benefit plan unless a different treatment is
provided for under applicable law.
``SEC. 438. FUNDED RATIOS; ACTUARIAL ASSUMPTIONS.
``(a) Certification of Funded Ratios.--
``(1) In general.--Not later than the one-hundred twentieth
day of each plan year of a composite plan, the plan actuary of
the composite plan shall certify to the Secretary, the
Secretary of Labor, and the plan sponsor the plan's current
funded ratio and projected funded ratio for the plan year.
``(2) Determination of current funded ratio and projected
funded ratio.--For purposes of this section--
``(A) Current funded ratio.--The current funded
ratio is the ratio (expressed as a percentage) of--
``(i) the value of the plan's assets as of
the first day of the plan year, to
``(ii) the plan actuary's best estimate of
the present value of the plan liabilities as of
the first day of the plan year.
``(B) Projected funded ratio.--The projected funded
ratio is the current funded ratio projected to the
first day of the fifteenth plan year following the plan
year for which the determination is being made.
``(3) Consideration of contribution rate increases.--For
purposes of projections under this subsection, the plan sponsor
may anticipate contribution rate increases beyond the term of
the current collective bargaining agreement and any agreed-to
supplements, up to a maximum of 2.5 percent per year,
compounded annually, unless it would be unreasonable under the
circumstances to assume that contributions would increase by
that amount.
``(b) Actuarial Assumptions and Methods.--For purposes of this
part--
``(1) In general.--All costs, liabilities, rates of
interest, and other factors under the plan shall be determined
for a plan year on the basis of actuarial assumptions and
methods--
``(A) each of which is reasonable (taking into
account the experience of the plan and reasonable
expectations),
``(B) which, in combination, offer the actuary's
best estimate of anticipated experience under the plan,
and
``(C) with respect to which any change from the
actuarial assumptions and methods used in the previous
plan year shall be certified by the plan actuary and
the actuarial rationale for such change provided in the
annual report required by section 6058.
``(2) Fair market value of assets.--The value of the plan's
assets shall be taken into account on the basis of their fair
market value.
``(3) Determination of normal cost and plan liabilities.--A
plan's normal cost and liabilities shall be based on the most
recent actuarial valuation required under section 437(a)(5)(A)
and the unit credit funding method.
``(4) Time when certain contributions deemed made.--Any
contributions for a plan year made by an employer after the
last day of such plan year, but not later than two and one-half
months after such day, shall be deemed to have been made on
such last day. For purposes of this paragraph, such two and
one-half month period may be extended for not more than six
months under regulations prescribed by the Secretary.
``(5) Additional actuarial assumptions.--Except where
otherwise provided in this subpart, the provisions of section
432(b)(3)(B) shall apply to any determination or projection
under this subpart.
``SEC. 439. REALIGNMENT PROGRAM.
``(a) Realignment Program.--
``(1) Adoption.--In any case in which the plan actuary
certifies under section 438(a) that the plan's projected funded
ratio is below 120 percent for the plan year, the plan sponsor
shall adopt a realignment program under paragraph (2) not later
than 210 days after the due date of the certification required
under section 438(a). The plan sponsor shall adopt an updated
realignment program for each succeeding plan year for which a
certification described in the preceding sentence is made.
``(2) Content of realignment program.--
``(A) In general.--A realignment program adopted
under this paragraph is a written program which
consists of all reasonable measures, including options
or a range of options to be undertaken by the plan
sponsor or proposed to the bargaining parties,
formulated, based on reasonably anticipated experience
and reasonable actuarial assumptions, to enable the
plan to achieve a projected funded ratio of at least
120 percent for the following plan year.
``(B) Initial program elements.--Reasonable
measures under a realignment program described in
subparagraph (A) may include any of the following:
``(i) Proposed contribution increases.
``(ii) A reduction in the rate of future
benefit accruals, so long as the resulting rate
shall not be less than 1 percent of the
contributions on which benefits are based as of
the start of the plan year (or the equivalent
standard accrual rate as described in section
432(e)(6)).
``(iii) A modification or elimination of
adjustable benefits of participants that are
not in pay status before the date of the notice
required under subsection (b)(1).
``(iv) Any other legally available measures
not specifically described in this subparagraph
or subparagraph (C) or (D) that the plan
sponsor determines are reasonable.
``(C) Additional program elements.--If the plan
sponsor has determined that all reasonable measures
available under subparagraph (B) will not enable the
plan to achieve a projected funded ratio of at least
120 percent the following plan year, such reasonable
measures may also include--
``(i) a reduction of accrued benefits that
are not in pay status by the date of the notice
required under subsection (b)(1), or
``(ii) a reduction of any benefits of
participants that are in pay status before the
date of the notice required under subsection
(b)(1) other than core benefits as defined in
paragraph (4).
``(D) Additional reductions.--In the case of a
composite plan for which the plan sponsor has
determined that all reasonable measures available under
subparagraphs (B) and (C) will not enable the plan to
achieve a projected funded ratio of at least 120
percent for the following plan year, such reasonable
measures may also include--
``(i) a further reduction in the rate of
future benefit accruals without regard to the
limitation applicable under subparagraph
(B)(ii), or
``(ii) a reduction of core benefits,
provided that such reductions shall be equitably
distributed across the participant and beneficiary
population, taking into account factors, with respect
to participants and beneficiaries and their benefits,
that may include one or more of the factors listed in
subclauses (I) through (X) of section 432(e)(9)(D)(vi),
to the extent necessary to enable the plan to achieve a
projected funded ratio of at least 120 percent for the
following plan year, or at the election of the plan
sponsor, a projected funded ratio of at least 100
percent for the following plan year and a current
funded ratio of at least 90 percent.
``(3) Adjustable benefit defined.--For purposes of this
subpart, the term `adjustable benefit' means--
``(A) benefits, rights, and features under the
plan, including post-retirement death benefits, 60-
month guarantees, disability benefits not yet in pay
status, and similar benefits,
``(B) any early retirement benefit or retirement-
type subsidy (within the meaning of section
411(d)(6)(B)(i)) and any benefit payment option (other
than the qualified joint and survivor annuity), and
``(C) benefit increases that were adopted (or, if
later, took effect) less than 60 months before the
first day such realignment program took effect.
``(4) Core benefit defined.--For purposes of this subpart,
the term `core benefit' means a participant's accrued benefit
payable in the normal form of an annuity commencing at normal
retirement age, determined without regard to--
``(A) any early retirement benefits, retirement-
type subsidies, or other benefits, rights, or features
that may be associated with that benefit, and
``(B) any cost-of-living adjustments or benefit
increases effective after the date of retirement.
``(5) Coordination with contribution increases.--
``(A) In general.--A realignment program may
provide that some or all of the benefit modifications
described in the program will only take effect if the
bargaining parties fail to agree to specified levels of
increases in contributions to the plan, effective as of
specified dates.
``(B) Independent benefit modifications.--If a
realignment program adopts any changes to the benefit
formula that are independent of potential contribution
increases, such changes shall take effect not later
than 180 days following the first day of the first plan
year that begins following the adoption of the
realignment program.
``(C) Conditional benefit modifications.--If a
realignment program adopts any changes to the benefit
formula that take effect only if the bargaining parties
fail to agree to contribution increases, such changes
shall take effect not later than the first day of the
first plan year beginning after the third anniversary
of the date of adoption of the realignment program.
``(D) Revocation of certain benefit
modifications.--Benefit modifications described in
paragraph (3) may be revoked, in whole or in part, and
retroactively or prospectively, when contributions to
the plan are increased, as specified in the realignment
program, including any amendments thereto. The
preceding sentence shall not apply unless the
contribution increases are to be effective not later
than the fifth anniversary of the first day of the
first plan year that begins after the adoption of the
realignment program.
``(b) Notice.--
``(1) In general.--In any case in which it is certified
under section 438(a) that the projected funded ratio is less
than 120 percent, the plan sponsor shall, not later than 30
days after the date of the certification, provide notification
of the current and projected funded ratios to the participants
and beneficiaries, the bargaining parties, and the Secretary.
Such notice shall include--
``(A) an explanation that contribution rate
increases or benefit reductions may be necessary,
``(B) a description of the types of benefits that
might be reduced, and
``(C) an estimate of the contribution increases and
benefit reductions that may be necessary to achieve a
projected funded ratio of 120 percent.
``(2) Notice of benefit modifications.--
``(A) In general.--No modifications may be made
that reduce the rate of future benefit accrual or that
reduce core benefits or adjustable benefits unless
notice of such reduction has been given at least 180
days before the general effective date of such
reduction for all participants and beneficiaries to--
``(i) plan participants and beneficiaries,
``(ii) each employer who has an obligation
to contribute to the composite plan, and
``(iii) each employee organization which,
for purposes of collective bargaining,
represents plan participants employed by such
employers.
``(B) Content of notice.--The notice under
subparagraph (A) shall contain--
``(i) sufficient information to enable
participants and beneficiaries to understand
the effect of any reduction on their benefits,
including an illustration of any affected
benefit or subsidy, on an annual or monthly
basis that a participant or beneficiary would
otherwise have been eligible for as of the
general effective date described in
subparagraph (A), and
``(ii) information as to the rights and
remedies of plan participants and beneficiaries
as well as how to contact the Department of
Labor for further information and assistance,
where appropriate.
``(C) Form and manner.--Any notice under
subparagraph (A)--
``(i) shall be provided in a form and
manner prescribed in regulations of the
Secretary of Labor,
``(ii) shall be written in a manner so as
to be understood by the average plan
participant.
``(3) Model notices.--The Secretary shall--
``(A) prescribe model notices that the plan sponsor
of a composite plan may use to satisfy the notice
requirements under this subsection, and
``(B) by regulation enumerate any details related
to the elements listed in paragraph (1) that any notice
under this subsection must include.
``(4) Delivery method.--Any notice under this part shall be
provided in writing and may also be provided in electronic form
to the extent that the form is reasonably accessible to persons
to whom the notice is provided.
``SEC. 440. LIMITATION ON INCREASING BENEFITS.
``(a) Level of Current Funded Ratios.--Except as provided in
subsections (c), (d), and (e), no plan amendment increasing benefits or
establishing new benefits under a composite plan may be adopted for a
plan year unless--
``(1) the plan's current funded ratio is at least 110
percent (without regard to the benefit increase or new
benefits),
``(2) taking the benefit increase or new benefits into
account, the current funded ratio is at least 100 percent and
the projected funded ratio for the current plan year is at
least 120 percent,
``(3) in any case in which, after taking the benefit
increase or new benefits into account, the current funded ratio
is less than 140 percent or the projected funded ratio is less
than 140 percent, the benefit increase or new benefits are
projected by the plan actuary to increase the present value of
the plan's liabilities for the plan year by not more than 3
percent, and
``(4) expected contributions for the current plan year are
at least 120 percent of normal cost for the plan year,
determined using the unit credit funding method and treating
the benefit increase or new benefits as in effect for the
entire plan year.
``(b) Additional Requirements Where Core Benefits Reduced.--If a
plan has been amended to reduce core benefits pursuant to a realignment
program under section 439(a)(2)(D), such plan may not be subsequently
amended to increase core benefits unless the amendment--
``(1) increases the level of future benefit payments only,
and
``(2) provides for an equitable distribution of benefit
increases across the participant and beneficiary population,
taking into account the extent to which the benefits of
participants were previously reduced pursuant to such
realignment program.
``(c) Exception To Comply With Applicable Law.--Subsection (a)
shall not apply in connection with a plan amendment if the amendment is
required as a condition of qualification under part I of subchapter D
of chapter 1 or to comply with other applicable law.
``(d) Exception Where Maximum Deductible Limit Applies.--Subsection
(a) shall not apply in connection with a plan amendment if and to the
extent that contributions to the composite plan would not be deductible
for the plan year under section 404(a)(1)(E) if the plan amendment is
not adopted. The Secretary of the Treasury shall issue regulations to
implement this paragraph.
``(e) Exception for Certain Benefit Modifications.--Subsection (a)
shall not apply in connection with a plan amendment under section
439(a)(5)(C), regarding conditional benefit modifications.
``(f) Treatment of Plan Amendments.--For purposes of this section--
``(1) if two or more plan amendments increasing benefits or
establishing new benefits are adopted in a plan year, such
amendments shall be treated as a single amendment adopted on
the last day of the plan year,
``(2) all benefit increases and new benefits adopted in a
single amendment are treated as a single benefit increase,
irrespective of whether the increases and new benefits take
effect in more than one plan year, and
``(3) increases in contributions or decreases in plan
liabilities which are scheduled to take effect in future plan
years may be taken into account in connection with a plan
amendment if they have been agreed to in writing or otherwise
formalized by the date the plan amendment is adopted.
``SEC. 440A. COMPOSITE PLAN RESTRICTIONS TO PRESERVE LEGACY PLAN
FUNDING.
``(a) Treatment as a Legacy Plan.--
``(1) In general.--For purposes of this subchapter, a
defined benefit plan shall be treated as a legacy plan with
respect to the composite plan under which the employees who
were eligible to accrue a benefit under the defined benefit
plan become eligible to accrue a benefit under such composite
plan.
``(2) Component plans.--In any case in which a defined
benefit plan is amended to add a composite plan component
pursuant to section 437(b), paragraph (1) shall be applied by
substituting `defined benefit component' for `defined benefit
plan' and `composite plan component' for `composite plan'.
``(3) Eligible to accrue a benefit.--For purposes of
paragraph (1), an employee is considered eligible to accrue a
benefit under a composite plan as of the first day in which the
employee completes an hour of service under a collective
bargaining agreement that provides for contributions to and
accruals under the composite plan in lieu of accruals under the
legacy plan.
``(4) Collective bargaining agreement.--As used in this
subpart, the term `collective bargaining agreement' includes
any agreement under which an employer has an obligation to
contribute to a plan.
``(5) Other terms.--Any term used in this subpart which is
not defined in this part and which is also used in section 432
shall have the same meaning provided such term in such section.
``(b) Restrictions on Acceptance by Composite Plan of Agreements
and Contributions.--
``(1) In general.--The plan sponsor of a composite plan
shall not accept or recognize a collective bargaining agreement
(or any modification to such agreement), and no contributions
may be accepted and no benefits may be accrued or otherwise
earned under the agreement--
``(A) in any case in which the plan actuary of any
defined benefit plan that would be treated as a legacy
plan with respect to such composite plan has certified
under section 432(b)(3) that such defined benefit plan
is or will be in critical status for the plan year in
which such agreement would take effect or for any of
the succeeding 5 plan years, and
``(B) unless the agreement requires each employer
who is a party to such agreement, including employers
whose employees are not participants in the legacy
plan, to provide contributions to the legacy plan with
respect to such composite plan in a manner that
satisfies the transition contribution requirements of
subsection (d).
``(2) Notice.--Not later than 30 days after a determination
by a plan sponsor of a composite plan that an agreement fails
to satisfy the requirements described in paragraph (1), the
plan sponsor shall provide notification of such failure and the
reasons for such determination to--
``(A) the parties to the agreement,
``(B) active participants of the composite plan who
have ceased to accrue or otherwise earn benefits with
respect to service with an employer pursuant to
paragraph (1), and
``(C) the Secretary of Labor, the Secretary of the
Treasury, and the Pension Benefit Guaranty Corporation.
``(3) Limitation on retroactive effect.--This subsection
shall not apply to benefits accrued before the date on which
notice is provided under paragraph (2).
``(c) Restriction on Accrual of Benefits Under a Composite Plan.--
``(1) In general.--In any case in which an employer, under
a collective bargaining agreement entered into after the date
of enactment of the Giving Retirement Options to Workers Act of
2020, ceases to have an obligation to contribute to a
multiemployer defined benefit plan, no employees employed by
the employer may accrue or otherwise earn benefits under any
composite plan, with respect to service with that employer, for
a 60-month period beginning on the date on which the employer
entered into such collective bargaining agreement.
``(2) Notice of cessation of obligation.--Within 30 days of
determining that an employer has ceased to have an obligation
to contribute to a legacy plan with respect to employees
employed by an employer that is or will be contributing to a
composite plan with respect to service of such employees, the
plan sponsor of the legacy plan shall notify the plan sponsor
of the composite plan of that cessation.
``(3) Notice of cessation of accruals.--Not later than 30
days after determining that an employer has ceased to have an
obligation to contribute to a legacy plan, the plan sponsor of
the composite plan shall notify the bargaining parties, the
active participants affected by the cessation of accruals, the
Secretary, the Secretary of Labor, and the Pension Benefit
Guaranty Corporation of the cessation of accruals, the period
during which such cessation is in effect, and the reasons
therefor.
``(4) Limitation on retroactive effect.--This subsection
shall not apply to benefits accrued before the date on which
notice is provided under paragraph (3).
``(d) Transition Contribution Requirements.--
``(1) In general.--A collective bargaining agreement
satisfies the transition contribution requirements of this
subsection if the agreement--
``(A) authorizes for payment of contributions to a
legacy plan at a rate or rates equal to or greater than
the transition contribution rate established under
paragraph (2), and
``(B) does not provide for--
``(i) a suspension of contributions to the
legacy plan with respect to any period of
service, or
``(ii) any new direct or indirect exclusion
of younger or newly hired employees of the
employer from being taken into account in
determining contributions owed to the legacy
plan.
``(2) Transition contribution rate.--
``(A) In general.--The transition contribution rate
for a plan year is the contribution rate that, as
certified by the actuary of the legacy plan in
accordance with the principles in section 432(b)(3)(B),
is reasonably expected to be adequate--
``(i) to fund the normal cost for the plan
year,
``(ii) to amortize the plan's unfunded
liabilities in level annual installments over
25 years, beginning with the plan year in which
the transition contribution rate is first
established, and
``(iii) to amortize any subsequent changes
in the legacy plan's unfunded liability due to
experience gains or losses (including
investment gains or losses, gains or losses due
to contributions greater or less than the
contributions made under the prior transition
contribution rate, and other actuarial gains or
losses), changes in actuarial assumptions,
changes to the legacy plan's benefits, or
changes in funding method over a period of 15
plan years beginning with the plan year in
which such change in unfunded liability is
incurred.
The transition contribution rate for any plan year may
not be less than the transition contribution rate for
the plan year in which such rate is first established.
``(B) Multiple rates.--If different rates of
contribution are payable to the legacy plan by
different employers or for different classes of
employees, the certification shall specify a transition
contribution rate for each such employer.
``(C) Rate applicable to employer.--
``(i) In general.--Except as provided by
clause (ii), the transition contribution rate
applicable to an employer for a plan year is
the rate in effect for the plan year of the
legacy plan that commences on or after 180 days
before the earlier of--
``(I) the effective date of the
collective bargaining agreement
pursuant to which the employer
contributes to the legacy plan, or
``(II) 5 years after the last plan
year for which the transition
contribution rate applicable to the
employer was established or updated.
``(ii) Exception.--The transition
contribution rate applicable to an employer for
the first plan year beginning on or after the
commencement of the employer's obligation to
contribute to the composite plan is the rate in
effect for the plan year of the legacy plan
that commences on or after 180 days before such
first plan year.
``(D) Effect of legacy plan financial
circumstances.--If the plan actuary of the legacy plan
has certified under section 432 that the plan is in
endangered or critical status for a plan year, the
transition contribution rate for the following plan
year is the rate determined with respect to the
employer under the legacy plan's funding improvement or
rehabilitation plan under section 432, if greater than
the rate otherwise determined, but in no event greater
than 75 percent of the sum of the contribution rates
applicable to the legacy plan and the composite plan
for the plan year.
``(E) Other actuarial assumptions and methods.--
Except as provided in subparagraph (A), the
determination of the transition contribution rate for a
plan year shall be based on actuarial assumptions and
methods consistent with the minimum funding
determinations made under section 431 (or, if
applicable, section 432) with respect to the legacy
plan for the plan year.
``(F) Adjustments in rate.--The plan sponsor of a
legacy plan from time to time may adjust the transition
contribution rate or rates applicable to an employer
under this paragraph by increasing some rates and
decreasing others if the actuary certifies that such
adjusted rates in combination will produce projected
contribution income for the plan year beginning on or
after the date of certification that is not less than
would be produced by the transition contribution rates
in effect at the time of the certification.
``(G) Notice of transition contribution rate.--The
plan sponsor of a legacy plan shall provide notice to
the parties to collective bargaining agreements
pursuant to which contributions are made to the legacy
plan of changes to the transition contribution rate
requirements at least 30 days before the beginning of
the plan year for which the rate is effective.
``(H) Notice to composite plan sponsor.--Not later
than 30 days after a determination by the plan sponsor
of a legacy plan that a collective bargaining agreement
provides for a rate of contributions that is below the
transition contribution rate applicable to one or more
employers that are parties to the collective bargaining
agreement, the plan sponsor of the legacy plan shall
notify the plan sponsor of any composite plan under
which employees of such employer would otherwise be
eligible to accrue a benefit.
``(3) Correction procedures.--Pursuant to standards
prescribed by the Secretary of Labor, the plan sponsor of a
composite plan shall adopt rules and procedures that give the
parties to the collective bargaining agreement notice of the
failure of such agreement to satisfy the transition
contribution requirements of this subsection, and a reasonable
opportunity to correct such failure, not to exceed 180 days
from the date of notice given under subsection (b)(2).
``(4) Supplemental contributions.--A collective bargaining
agreement may provide for supplemental contributions to the
legacy plan for a plan year in excess of the transition
contribution rate determined under paragraph (2), regardless of
whether the legacy plan is in endangered or critical status for
such plan year.
``(e) Nonapplication of Composite Plan Restrictions.--
``(1) In general.--The provisions of subsections (a), (b),
and (c) shall not apply with respect to a collective bargaining
agreement, to the extent the agreement, or a predecessor
agreement, provides or provided for contributions to a defined
benefit plan that is a legacy plan, as of the first day of the
first plan year following a plan year for which the plan
actuary certifies that the plan is fully funded, has been fully
funded for at least three out of the immediately preceding 5
plan years, and is projected to remain fully funded for at
least the following 4 plan years.
``(2) Determination of fully funded.--A plan is fully
funded for purposes of paragraph (1) if, as of the valuation
date of the plan for a plan year, the value of the plan's
assets equals or exceeds the present value of the plan's
liabilities, determined in accordance with the rules prescribed
by the Pension Benefit Guaranty Corporation under sections
4219(c)(1)(D) and 4281 of Employee Retirement Income and
Security Act for multiemployer plans terminating by mass
withdrawal, as in effect for the date of the determination,
except the plan's reasonable assumption regarding the starting
date of benefits may be used.
``(3) Other applicable rules.--Except as provided in
paragraph (2), actuarial determinations and projections under
this section shall be based on the rules in section 432(b)(3)
and section 438(b).
``SEC. 440B. MERGERS AND ASSET TRANSFERS OF COMPOSITE PLANS.
``(a) In General.--Assets and liabilities of a composite plan may
only be merged with, or transferred to, another plan if--
``(1) the other plan is a composite plan,
``(2) the plan or plans resulting from the merger or
transfer is a composite plan,
``(3) no participant's accrued benefit or adjustable
benefit is lower immediately after the transaction than it was
immediately before the transaction, and
``(4) the value of the assets transferred in the case of a
transfer reasonably reflects the value of the amounts
contributed with respect to the participants whose benefits are
being transferred, adjusted for allocable distributions,
investment gains and losses, and administrative expenses.
``(b) Legacy Plan.--
``(1) In general.--After a merger or transfer involving a
composite plan, the legacy plan with respect to an employer
that is obligated to contribute to the resulting composite plan
is the legacy plan that applied to that employer immediately
before the merger or transfer.
``(2) Multiple legacy plans.--If an employer is obligated
to contribute to more than one legacy plan with respect to
employees eligible to accrue benefits under more than one
composite plan and there is a merger or transfer of such legacy
plans, the transition contribution rate applicable to the
legacy plan resulting from the merger or transfer with respect
to that employer shall be determined in accordance with the
provisions of section 440A(d)(2)(B).''.
(2) Clerical amendment.--The table of subparts for part III
of subchapter D of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``subpart c. composite plans and legacy plans''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after the date of the enactment of this
Act.
SEC. 103. APPLICATION OF CERTAIN REQUIREMENTS TO COMPOSITE PLANS.
(a) Amendments to the Employee Retirement Income Security Act of
1974.--
(1) Treatment for purposes of funding notices.--Section
101(f) of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1021(f)) is amended--
(A) in paragraph (1) by striking ``title IV
applies'' and inserting ``title IV applies or which is
a composite plan''; and
(B) by adding at the end the following:
``(5) Application to composite plans.--The provisions of
this subsection shall apply to a composite plan only to the
extent prescribed by the Secretary in regulations that take
into account the differences between a composite plan and a
defined benefit plan that is a multiemployer plan.''.
(2) Treatment for purposes of annual report.--Section 103
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1023) is amended--
(A) in subsection (d) by adding at the end the
following sentence: ``The provisions of this subsection
shall apply to a composite plan only to the extent
prescribed by the Secretary in regulations that take
into account the differences between a composite plan
and a defined benefit plan that is a multiemployer
plan.'';
(B) in subsection (f) by adding at the end the
following:
``(3) Additional information for composite plans.--With
respect to any composite plan--
``(A) the provisions of paragraph (1)(A) shall
apply by substituting `current funded ratio and
projected funded ratio (as such terms are defined in
section 802(a)(2))' for `funded percentage' each place
it appears; and
``(B) the provisions of paragraph (2) shall apply
only to the extent prescribed by the Secretary in
regulations that take into account the differences
between a composite plan and a defined benefit plan
that is a multiemployer plan.''; and
(C) by adding at the end the following:
``(h) Composite Plans.--A multiemployer plan that incorporates the
features of a composite plan as provided in section 801(b) shall be
treated as a single plan for purposes of the report required by this
section, except that separate financial statements and actuarial
statements shall be provided under paragraphs (3) and (4) of subsection
(a) for the defined benefit plan component and for the composite plan
component of the multiemployer plan.''.
(3) Treatment for purposes of pension benefit statements.--
Section 105(a) of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1025(a)) is amended by adding at the end the
following:
``(4) Composite plans.--For purposes of this subsection, a
composite plan shall be treated as a defined benefit plan to
the extent prescribed by the Secretary in regulations that take
into account the differences between a composite plan and a
defined benefit plan that is a multiemployer plan.''.
(b) Amendments to the Internal Revenue Code of 1986.--Section 6058
of the Internal Revenue Code of 1986 is amended by redesignating
subsection (f) as subsection (g) and by inserting after subsection (e)
the following:
``(f) Composite Plans.--A multiemployer plan that incorporates the
features of a composite plan as provided in section 437(b) shall be
treated as a single plan for purposes of the return required by this
section, except that separate financial statements shall be provided
for the defined benefit plan component and for the composite plan
component of the multiemployer plan.''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after the date of the enactment of this
Act.
SEC. 104. TREATMENT OF COMPOSITE PLANS UNDER TITLE IV.
(a) Definition.--Section 4001(a) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1301(a)) is amended by striking the
period at the end of paragraph (21) and inserting a semicolon and by
adding at the end the following:
``(22) Composite plan.--The term `composite plan' has the
meaning set forth in section 801.''.
(b) Composite Plans Disregarded for Calculating Premiums.--Section
4006(a) of such Act (29 U.S.C. 1306(a)) is amended by adding at the end
the following:
``(9) The composite plan component of a multiemployer plan
shall be disregarded in determining the premiums due under this
section from the multiemployer plan.''.
(c) Composite Plans Not Covered.--Section 4021(b)(1) of such Act
(29 U.S.C. 1321(b)(1)) is amended by striking ``Act'' and inserting
``Act, or a composite plan, as defined in paragraph (43) of section 3
of this Act''.
(d) No Withdrawal Liability.--Section 4201 of such Act (29 U.S.C.
1381) is amended by adding at the end the following:
``(c) Contributions by an employer to the composite plan component
of a multiemployer plan shall not be taken into account for any purpose
under this title.''.
(e) No Withdrawal Liability for Certain Plans.--Section 4201 of
such Act (29 U.S.C. 1381) is further amended by adding at the end the
following:
``(d) Contributions by an employer to a multiemployer plan
described in the except clause of section 3(35) of this Act pursuant to
a collective bargaining agreement that specifically designates that
such contributions shall be allocated to the separate defined
contribution accounts of participants under the plan shall not be taken
into account with respect to the defined benefit portion of the plan
for any purpose under this title (including the determination of the
employer's highest contribution rate under section 4219), even if,
under the terms of the plan, participants have the option to transfer
assets in their separate defined contribution accounts to the defined
benefit portion of the plan in return for service credit under the
defined benefit portion, at rates established by the plan sponsor.
``(e) A legacy plan created under section 805 shall be deemed to
have no unfunded vested benefits for purposes of this part, for each
plan year following a period of 5 consecutive plan years for which--
``(1) the plan was fully funded within the meaning of
section 805 for at least 3 of the plan years during that
period, ending with a plan year for which the plan is fully
funded;
``(2) the plan had no unfunded vested benefits for at least
3 of the plan years during that period, ending with a plan year
for which the plan is fully funded; and
``(3) the plan is projected to be fully funded and to have
no unfunded vested benefits for the following four plan
years.''.
(f) No Withdrawal Liability for Employers Contributing to Certain
Fully Funded Legacy Plans.--Section 4211 of such Act (29 U.S.C. 1382)
is amended by adding at the end the following:
``(g) No amount of unfunded vested benefits shall be allocated to
an employer that has an obligation to contribute to a legacy plan
described in subsection (e) of section 4201 for each plan year for
which such subsection applies.''.
(g) No Obligation To Contribute.--Section 4212 of such Act (29
U.S.C. 1392) is amended by adding at the end the following:
``(d) No Obligation To Contribute.--An employer shall not be
treated as having an obligation to contribute to a multiemployer
defined benefit plan within the meaning of subsection (a) solely
because--
``(1) in the case of a multiemployer plan that includes a
composite plan component, the employer has an obligation to
contribute to the composite plan component of the plan;
``(2) the employer has an obligation to contribute to a
composite plan that is maintained pursuant to one or more
collective bargaining agreements under which the multiemployer
defined benefit plan is or previously was maintained; or
``(3) the employer contributes or has contributed under
section 805(d) to a legacy plan associated with a composite
plan pursuant to a collective bargaining agreement but
employees of that employer were not eligible to accrue benefits
under the legacy plan with respect to service with that
employer.''.
(h) No Inference.--Nothing in the amendment made by subsection (e)
shall be construed to create an inference with respect to the treatment
under title IV of the Employee Retirement Income Security Act of 1974,
as in effect before such amendment, of contributions by an employer to
a multiemployer plan described in the except clause of section 3(35) of
such Act that are made before the effective date of subsection (e)
specified in subsection (h)(2).
(i) Effective Date.--
(1) In general.--Except as provided in subparagraph (2),
the amendments made by this section shall apply to plan years
beginning after the date of the enactment of this Act.
(2) Special rule for section 414(k) multiemployer plans.--
The amendment made by subsection (e) shall apply only to
required contributions payable for plan years beginning after
the date of the enactment of this Act.
SEC. 105. CONFORMING CHANGES.
(a) Definitions.--Section 3 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002) is amended--
(1) in paragraph (35), by inserting ``or a composite plan''
after ``other than an individual account plan''; and
(2) by adding at the end the following:
``(43) The term `composite plan' has the meaning given the
term in section 801(a).''.
(b) Special Funding Rule for Certain Legacy Plans.--
(1) Amendment to employee retirement income security act of
1974.--Section 304(b) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1084(b)) is amended by adding
at the end the following:
``(9) Special funding rule for certain legacy plans.--In
the case of a multiemployer defined benefit plan that has
adopted an amendment under section 801(b), in accordance with
which no further benefits shall accrue under the multiemployer
defined benefit plan, the plan sponsor may combine the
outstanding balance of all charge and credit bases and amortize
that combined base in level annual installments (until fully
amortized) over a period of 25 plan years beginning with the
plan year following the date all benefit accruals ceased.''.
(2) Amendment to internal revenue code of 1986.--Section
431(b) of the Internal Revenue Code of 1986 is amended by
adding at the end the following:
``(9) Special funding rule for certain legacy plans.--In
the case of a multiemployer defined benefit plan that has
adopted an amendment under section 437(b), in accordance with
which no further benefits shall accrue under the multiemployer
defined benefit plan, the plan sponsor may combine the
outstanding balance of all charge and credit bases and amortize
that combined base in level annual installments (until fully
amortized) over a period of 25 plan years beginning with the
plan year following the date on which all benefit accruals
ceased.''.
(c) Benefits After Merger, Consolidation, or Transfer of Assets.--
(1) Amendment to employee retirement income security act of
1974.--Section 208 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1058) is amended--
(A) by striking so much of the first sentence as
precedes ``may not merge'' and inserting the following:
``(1) In general.--Except as provided in paragraph (2), a
pension plan may not merge, and''; and
(B) by striking the second sentence and adding at
the end the following:
``(2) Special requirements for multiemployer plans.--
Paragraph (1) shall not apply to any transaction to the extent
that participants either before or after the transaction are
covered under a multiemployer plan to which title IV of this
Act applies or a composite plan.''.
(2) Amendments to internal revenue code of 1986.--
(A) Qualification requirement.--Section 401(a)(12)
of the Internal Revenue Code of 1986 is amended--
(i) by striking ``(12) A trust'' and
inserting the following:
``(12) Benefits after merger, consolidation, or transfer of
assets.--
``(A) In general.--Except as provided in
subparagraph (B), a trust'';
(ii) by striking the second sentence; and
(iii) by adding at the end the following:
``(B) Special requirements for multiemployer
plans.--Subparagraph (A) shall not apply to any
multiemployer plan with respect to any transaction to
the extent that participants either before or after the
transaction are covered under a multiemployer plan to
which title IV of the Employee Retirement Income
Security Act of 1974 applies or a composite plan.''.
(B) Additional qualification requirement.--
Paragraph (1) of section 414(l) of such Code is
amended--
(i) by striking ``(1) In general'' and all
that follows through ``shall not constitute''
and inserting the following:
``(1) Benefit protections: merger, consolidation,
transfer.--
``(A) In general.--Except as provided in
subparagraph (B), a trust which forms a part of a plan
shall not constitute''; and
(ii) by striking the second sentence; and
(iii) by adding at the end the following:
``(B) Special requirements for multiemployer
plans.--Subparagraph (A) does not apply to any
multiemployer plan with respect to any transaction to
the extent that participants either before or after the
transaction are covered under a multiemployer plan to
which title IV of the Employee Retirement Income
Security Act of 1974 applies or a composite plan.''.
(d) Requirements for Status as a Qualified Plan.--
(1) Requirement that actuarial assumptions be specified.--
Section 401(a)(25) of the Internal Revenue Code of 1986 is
amended by inserting ``(in the case of a composite plan,
benefits objectively calculated pursuant to a formula)'' after
``definitely determinable benefits''.
(2) Missing participants in terminating composite plan.--
Section 401(a)(34) of the Internal Revenue Code of 1986 is
amended by striking ``, a trust'' and inserting ``or a
composite plan, a trust''.
(e) Deduction for Contributions to a Qualified Plan.--Section
404(a)(1) of the Internal Revenue Code of 1986 is amended by
redesignating subparagraph (E) as subparagraph (F) and by inserting
after subparagraph (D) the following:
``(E) Composite plans.--
``(i) In general.--In the case of a
composite plan, subparagraph (D) shall not
apply and the maximum amount deductible for a
plan year shall be the excess (if any) of--
``(I) 160 percent of the greater
of--
``(aa) the current
liability of the plan
determined in accordance with
the principles of section
431(c)(6)(D), or
``(bb) the present value of
plan liabilities as determined
under section 438, over
``(II) the fair market value of the
plan's assets, projected to the end of
the plan year.
``(ii) Special rules for predecessor
multiemployer plan to composite plan.--
``(I) In general.--Except as
provided in subclause (II), if an
employer contributes to a composite
plan with respect to its employees,
contributions by that employer to a
multiemployer defined benefit plan with
respect to some or all of the same
group of employees shall be deductible
under sections 162 and this section,
subject to the limits in subparagraph
(D).
``(II) Transition contribution.--
The full amount of a contribution to
satisfy the transition contribution
requirement (as defined in section
440A(d)) and allocated to the legacy
defined benefit plan for the plan year
shall be deductible for the employer's
taxable year ending with or within the
plan year.''.
(f) Minimum Vesting Standards.--
(1) Years of service under composite plans.--
(A) Employee retirement income security act of
1974.--Section 203 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1053) is amended by
inserting after subsection (f) the following:
``(g) Special Rules for Computing Years of Service Under Composite
Plans.--
``(1) In general.--In determining a qualified employee's
years of service under a composite plan for purposes of this
section, the employee's years of service under a legacy plan
shall be treated as years of service earned under the composite
plan. For purposes of such determination, a composite plan
shall not be treated as a defined benefit plan pursuant to
section 801(d).
``(2) Qualified employee.--For purposes of this subsection,
an employee is a qualified employee if the employee first
completes an hour of service under the composite plan
(determined without regard to the provisions of this
subsection) within the 12-month period immediately preceding or
the 24-month period immediately following the date the employee
ceased to accrue benefits under the legacy plan.
``(3) Certification of years of service.--For purposes of
paragraph (1), the plan sponsor of the composite plan shall
rely on a written certification by the plan sponsor of the
legacy plan of the years of service the qualified employee
completed under the defined benefit plan as of the date the
employee satisfies the requirements of paragraph (2),
disregarding any years of service that had been forfeited under
the rules of the defined benefit plan before that date.
``(h) Special Rules for Computing Years of Service Under Legacy
Plans.--
``(1) In general.--In determining a qualified employee's
years of service under a legacy plan for purposes of this
section, and in addition to any service under applicable
regulations, the employee's years of service under a composite
plan shall be treated as years of service earned under the
legacy plan. For purposes of such determination, a composite
plan shall not be treated as a defined benefit plan pursuant to
section 801(d).
``(2) Qualified employee.--For purposes of this subsection,
an employee is a qualified employee if the employee first
completes an hour of service under the composite plan
(determined without regard to the provisions of this
subsection) within the 12-month period immediately preceding or
the 24-month period immediately following the date the employee
ceased to accrue benefits under the legacy plan.
``(3) Certification of years of service.--For purposes of
paragraph (1), the plan sponsor of the legacy plan shall rely
on a written certification by the plan sponsor of the composite
plan of the years of service the qualified employee completed
under the composite plan after the employee satisfies the
requirements of paragraph (2), disregarding any years of
service that has been forfeited under the rules of the
composite plan.''.
(B) Internal revenue code of 1986.--Section 411(a)
of the Internal Revenue Code of 1986 is amended by
adding at the end the following:
``(14) Special rules for determining years of service under
composite plans.--
``(A) In general.--In determining a qualified
employee's years of service under a composite plan for
purposes of this subsection, the employee's years of
service under a legacy plan shall be treated as years
of service earned under the composite plan. For
purposes of such determination, a composite plan shall
not be treated as a defined benefit plan pursuant to
section 437(d).
``(B) Qualified employee.--For purposes of this
paragraph, an employee is a qualified employee if the
employee first completes an hour of service under the
composite plan (determined without regard to the
provisions of this paragraph) within the 12-month
period immediately preceding or the 24-month period
immediately following the date the employee ceased to
accrue benefits under the legacy plan.
``(C) Certification of years of service.--For
purposes of subparagraph (A), the plan sponsor of the
composite plan shall rely on a written certification by
the plan sponsor of the legacy plan of the years of
service the qualified employee completed under the
legacy plan as of the date the employee satisfies the
requirements of subparagraph (B), disregarding any
years of service that had been forfeited under the
rules of the defined benefit plan before that date.
``(15) Special rules for computing years of service under
legacy plans.--
``(A) In general.--In determining a qualified
employee's years of service under a legacy plan for
purposes of this section, and in addition to any
service under applicable regulations, the employee's
years of service under a composite plan shall be
treated as years of service earned under the legacy
plan. For purposes of such determination, a composite
plan shall not be treated as a defined benefit plan
pursuant to section 437(d).
``(B) Qualified employee.--For purposes of this
paragraph, an employee is a qualified employee if the
employee first completes an hour of service under the
composite plan (determined without regard to the
provisions of this paragraph) within the 12-month
period immediately preceding or the 24-month period
immediately following the date the employee ceased to
accrue benefits under the legacy plan.
``(C) Certification of years of service.--For
purposes of subparagraph (A), the plan sponsor of the
legacy plan shall rely on a written certification by
the plan sponsor of the composite plan of the years of
service the qualified employee completed under the
composite plan after the employee satisfies the
requirements of subparagraph (B), disregarding any
years of service that has been forfeited under the
rules of the composite plan.''.
(2) Reduction of benefits.--
(A) Employee retirement income security act of
1974.--Section 203(a)(3)(E)(ii) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1053(a)(3)(E)(ii)) is amended--
(i) in subclause (I) by striking ``4244A''
and inserting ``305(e), 803,''; and
(ii) in subclause (II) by striking ``4245''
and inserting ``305(e), 4245,''.
(B) Internal revenue code of 1986.--Section
411(a)(3)(F) of the Internal Revenue Code of 1986 is
amended--
(i) in clause (i) by striking ``section
418D or under section 4281 of the Employee
Retirement Income Security Act of 1974'' and
inserting ``section 432(e) or 439 or under
section 4281 of the Employee Retirement Income
Security Act of 1974''; and
(ii) in clause (ii) by inserting ``or
432(e)'' after ``section 418E''.
(3) Accrued benefit requirements.--
(A) Employee retirement income security act of
1974.--Section 204(b)(1)(B)(i) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1054(b)(1)(B)(i)) is amended by inserting ``, including
an amendment reducing or suspending benefits under
section 305(e), 803, 4245 or 4281,'' after ``any
amendment to the plan''.
(B) Internal revenue code of 1986.--Section
411(b)(1)(B)(i) of the Internal Revenue Code of 1986 is
amended by inserting ``, including an amendment
reducing or suspending benefits under section 418E,
432(e) or 439, or under section 4281 of the Employee
Retirement Income Security Act of 1974,'' after ``any
amendment to the plan''.
(4) Additional accrued benefit requirements.--
(A) Employee retirement income security act of
1974.--Section 204(b)(1)(H)(v) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1053(b)(1)(H)(v)) is amended by inserting before the
period at the end the following: ``, or benefits are
reduced or suspended under section 305(e), 803, 4245,
or 4281''.
(B) Internal revenue code of 1986.--Section
411(b)(1)(H)(iv) of the Internal Revenue Code of 1986
is amended--
(i) in the heading by striking ``benefit''
and inserting ``benefit and the suspension and
reduction of certain benefits''; and
(ii) in the text by inserting before the
period at the end the following: ``, or
benefits are reduced or suspended under section
418E, 432(e), or 439, or under section 4281 of
the Employee Retirement Income Security Act of
1974''.
(5) Accrued benefit not to be decreased by amendment.--
(A) Employee retirement income security act of
1974.--Section 204(g)(1) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1053(g)(1)) is
amended by inserting after ``302(d)(2)'' the following:
``, 305(e), 803, 4245,''.
(B) Internal revenue code of 1986.--Section
411(d)(6)(A) of the Internal Revenue Code of 1986 is
amended by inserting after ``412(d)(2),'' the
following: ``418E, 432(e), or 439,''.
(g) Certain Funding Rules Not Applicable.--
(1) Employee retirement income security act of 1974.--
Section 305 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1085) is amended by adding at the end the
following:
``(k) Legacy Plans.--Sections 302, 304, and 305 shall not apply to
an employer that has an obligation to contribute to a plan that is a
legacy plan within the meaning of section 805(a) solely because the
employer has an obligation to contribute to a composite plan described
in section 801 that is associated with that legacy plan.''.
(2) Internal revenue code of 1986.--Section 432 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following:
``(k) Legacy Plans.--Sections 412, 431, and 432 shall not apply to
an employer that has an obligation to contribute to a plan that is a
legacy plan within the meaning of section 440A(a) solely because the
employer has an obligation to contribute to a composite plan described
in section 437 that is associated with that legacy plan.''.
(h) Termination of Composite Plan.--Section 403(d) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1103(d) is amended--
(1) in paragraph (1), by striking ``regulations of the
Secretary.'' and inserting ``regulations of the Secretary, or
as provided in paragraph (3).''; and
(2) by adding at the end the following:
``(3) Section 4044(a) of this Act shall be applied in the
case of the termination of a composite plan by--
``(A) limiting the benefits subject to paragraph
(3) thereof to benefits as defined in section
802(b)(3)(B); and
``(B) including in the benefits subject to
paragraph (4) all other benefits (if any) of
individuals under the plan that would be guaranteed
under section 4022A if the plan were subject to title
IV.''.
(i) Good Faith Compliance Prior to Guidance.--Where the
implementation of any provision of law added or amended by this
division is subject to issuance of regulations by the Secretary of
Labor, the Secretary of the Treasury, or the Pension Benefit Guaranty
Corporation, a multiemployer plan shall not be treated as failing to
meet the requirements of any such provision prior to the issuance of
final regulations or other guidance to carry out such provision if such
plan is operated in accordance with a reasonable, good faith
interpretation of such provision.
SEC. 106. EFFECTIVE DATE.
Unless otherwise specified, the amendments made by this division
shall apply to plan years beginning after the date of the enactment of
this Act.
DIVISION 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, 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 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
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.
(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 (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 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 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 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, 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.--
(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 (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
(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 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 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 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 (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.
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 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;
(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 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--
``(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 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 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,
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 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--
(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 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 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.
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 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, 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 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.
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.
(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 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 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 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
``(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
(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 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.
(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;
``(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 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
(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 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--
(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.
(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 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 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.
``(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.--
(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.
(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--
(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).''.
(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)).
(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.
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
(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 (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:
(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 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 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 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--
(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 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;
``(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
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--
``(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.
(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.
```(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 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.
``(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 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
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 and intent of the SAFE Banking Act of 2020 and
does not significantly inhibit the provision of
financial services to a cannabis-related legitimate
business or service provider in a State, political
subdivision of a State, or Indian country that has
allowed the cultivation, production, manufacture,
transportation, display, dispensing, distribution,
sale, or purchase of cannabis pursuant to law or
regulation of such State, political subdivision, or
Indian Tribe that has jurisdiction over the Indian
country.
``(B) Definitions.--For purposes of this paragraph:
``(i) Cannabis.--The term `cannabis' has
the meaning given the term `marihuana' in
section 102 of the Controlled Substances Act
(21 U.S.C. 802).
``(ii) Cannabis-related legitimate
business.--The term `cannabis-related
legitimate business' has the meaning given that
term in subsection (n) of the SAFE Banking Act
of 2020.
``(iii) Indian country.--The term `Indian
country' has the meaning given that term in
section 1151 of title 18.
``(iv) Indian tribe.--The term `Indian
Tribe' has the meaning given that term in
section 102 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 479a).
``(v) Financial service.--The term
`financial service' has the meaning given that
term in subsection (n) of the SAFE Banking Act
of 2020.
``(vi) Service provider.--The term `service
provider' has the meaning given that term in
subsection (n) of the SAFE Banking Act of 2020.
``(vii) State.--The term `State' means each
of the several States, the District of
Columbia, Puerto Rico, and any territory or
possession of the United States.''.
(g) Guidance and Examination Procedures.--Not later than 180 days
after the date of enactment of this Act, the Financial Institutions
Examination Council shall develop uniform guidance and examination
procedures for depository institutions that provide financial services
to cannabis-related legitimate businesses and service providers.
(h) Annual Diversity and Inclusion Report.--The Federal banking
regulators shall issue an annual report to Congress containing--
(1) information and data on the availability of access to
financial services for minority-owned and women-owned cannabis-
related legitimate businesses; and
(2) any regulatory or legislative recommendations for
expanding access to financial services for minority-owned and
women-owned cannabis-related legitimate businesses.
(i) GAO Study on Diversity and Inclusion.--
(1) Study.--The Comptroller General of the United States
shall carry out a study on the barriers to marketplace entry,
including in the licensing process, and the access to financial
services for potential and existing minority-owned and women-
owned cannabis-related legitimate businesses.
(2) Report.--The Comptroller General shall issue a report
to the Congress--
(A) containing all findings and determinations made
in carrying out the study required under paragraph (1);
and
(B) containing any regulatory or legislative
recommendations for removing barriers to marketplace
entry, including in the licensing process, and
expanding access to financial services for potential
and existing minority-owned and women-owned cannabis-
related legitimate businesses.
(j) GAO Study on Effectiveness of Certain Reports on Finding
Certain Persons.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall carry out a study on the effectiveness of reports on suspicious
transactions filed pursuant to section 5318(g) of title 31, United
States Code, at finding individuals or organizations suspected or known
to be engaged with transnational criminal organizations and whether any
such engagement exists in a State, political subdivision, or Indian
Tribe that has jurisdiction over Indian country that allows the
cultivation, production, manufacture, sale, transportation, display,
dispensing, distribution, or purchase of cannabis. The study shall
examine reports on suspicious transactions as follows:
(1) During the period of 2014 until the date of the
enactment of this Act, reports relating to marijuana-related
businesses.
(2) During the 1-year period after date of the enactment of
this Act, reports relating to cannabis-related legitimate
businesses.
(k) Banking Services for Hemp Businesses.--
(1) Findings.--The Congress finds that--
(A) the Agriculture Improvement Act of 2018 (Public
Law 115-334) legalized hemp by removing it from the
definition of ``marihuana'' under the Controlled
Substances Act;
(B) despite the legalization of hemp, some hemp
businesses (including producers, manufacturers, and
retailers) continue to have difficulty gaining access
to banking products and services; and
(C) businesses involved in the sale of hemp-derived
cannabidiol (``CBD'') products are particularly
affected, due to confusion about their legal status.
(2) Federal banking regulator hemp banking guidance.--Not
later than the end of the 90-day period beginning on the date
of enactment of this Act, the Federal banking regulators shall
jointly issue guidance to financial institutions--
(A) confirming the legality of hemp, hemp-derived
CBD products, and other hemp-derived cannabinoid
products, and the legality of engaging in financial
services with businesses selling hemp, hemp-derived CBD
products, and other hemp-derived cannabinoid products,
after the enactment of the Agriculture Improvement Act
of 2018; and
(B) to provide recommended best practices for
financial institutions to follow when providing
financial services and merchant processing services to
businesses involved in the sale of hemp, hemp-derived
CBD products, and other hemp-derived cannabinoid
products.
(3) Financial institution defined.--In this section, the
term ``financial institution'' means any person providing
financial services.
(l) Application of Safe Harbors to Hemp and CBD Products.--
(1) In general.--Except as provided under paragraph (2),
the provisions of this section (other than subsections (f) and
(j)) shall apply to hemp (including hemp-derived cannabidiol
and other hemp-derived cannabinoid products) in the same manner
as such provisions apply to cannabis.
(2) Rule of application.--In applying the provisions of
this section described under paragraph (1) to hemp, the
definition of ``cannabis-related legitimate business'' shall be
treated as excluding any requirement to engage in activity
pursuant to the law of a State or political subdivision
thereof.
(3) Hemp defined.--In this subsection, the term ``hemp''
has the meaning given that term under section 297A of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1639o).
(m) Requirements for Deposit Account Termination Requests and
Orders.--
(1) Termination requests or orders must be valid.--
(A) In general.--An appropriate Federal banking
agency may not formally or informally request or order
a depository institution to terminate a specific
customer account or group of customer accounts or to
otherwise restrict or discourage a depository
institution from entering into or maintaining a banking
relationship with a specific customer or group of
customers unless--
(i) the agency has a valid reason for such
request or order; and
(ii) such reason is not based solely on
reputation risk.
(B) Treatment of national security threats.--If an
appropriate Federal banking agency believes a specific
customer or group of customers is, or is acting as a
conduit for, an entity which--
(i) poses a threat to national security;
(ii) is involved in terrorist financing;
(iii) is an agency of the Government of
Iran, North Korea, Syria, or any country listed
from time to time on the State Sponsors of
Terrorism list;
(iv) is located in, or is subject to the
jurisdiction of, any country specified in
clause (iii); or
(v) does business with any entity described
in clause (iii) or (iv), unless the appropriate
Federal banking agency determines that the
customer or group of customers has used due
diligence to avoid doing business with any
entity described in clause (iii) or (iv),
such belief shall satisfy the requirement under
subparagraph (A).
(2) Notice requirement.--
(A) In general.--If an appropriate Federal banking
agency formally or informally requests or orders a
depository institution to terminate a specific customer
account or a group of customer accounts, the agency
shall--
(i) provide such request or order to the
institution in writing; and
(ii) accompany such request or order with a
written justification for why such termination
is needed, including any specific laws or
regulations the agency believes are being
violated by the customer or group of customers,
if any.
(B) Justification requirement.--A justification
described under subparagraph (A)(ii) may not be based
solely on the reputation risk to the depository
institution.
(3) Customer notice.--
(A) Notice required.--Except as provided under
subparagraph (B) or as otherwise prohibited from being
disclosed by law, if an appropriate Federal banking
agency orders a depository institution to terminate a
specific customer account or a group of customer
accounts, the depository institution shall inform the
specific customer or group of customers of the
justification for the customer's account termination
described under paragraph (2).
(B) Notice prohibited.--
(i) Notice prohibited in cases of national
security.--If an appropriate Federal banking
agency requests or orders a depository
institution to terminate a specific customer
account or a group of customer accounts based
on a belief that the customer or customers pose
a threat to national security, or are otherwise
described under subsection (a)(2), neither the
depository institution nor the appropriate
Federal banking agency may inform the customer
or customers of the justification for the
customer's account termination.
(ii) Notice prohibited in other cases.--If
an appropriate Federal banking agency
determines that the notice required under
subparagraph (A) may interfere with an
authorized criminal investigation, neither the
depository institution nor the appropriate
Federal banking agency may inform the specific
customer or group of customers of the
justification for the customer's account
termination.
(4) Reporting requirement.--Each appropriate Federal
banking agency shall issue an annual report to the Congress
stating--
(A) the aggregate number of specific customer
accounts that the agency requested or ordered a
depository institution to terminate during the previous
year; and
(B) the legal authority on which the agency relied
in making such requests and orders and the frequency on
which the agency relied on each such authority.
(5) Definitions.--For purposes of this subsection:
(A) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' means--
(i) the appropriate Federal banking agency,
as defined under section 3 of the Federal
Deposit Insurance Act (12 U.S.C. 1813); and
(ii) the National Credit Union
Administration, in the case of an insured
credit union.
(B) Depository institution.--The term ``depository
institution'' means--
(i) a depository institution, as defined
under section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813); and
(ii) an insured credit union.
(n) Definitions.--In this 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;
(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 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 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 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.--
``(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 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 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 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 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.--
``(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.
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;''.
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.--
``(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.
``(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 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:
``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.--
``(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.
(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:
``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 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.
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.
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 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.''.
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
(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.
``(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 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 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
(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 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
(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 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 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
employment under the terms and conditions described in section
214(n) of such Act (8 U.S.C. 1184(n)).
(5) Increasing the ability of physicians to change
nonimmigrant status.--
(A) Change of nonimmigrant classification.--Section
248(a) of the Immigration and Nationality Act (8 U.S.C.
1184(l)), is amended--
(i) in paragraph (1), by inserting ``and''
after the comma at the end;
(ii) by striking paragraphs (2) and (3);
and
(iii) by redesignating paragraph (4) as
paragraph (2).
(B) Admission of nonimmigrants.--Section
214(l)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1184(l)(2)(A)) is amended by striking
``Notwithstanding section 248(a)(2), the'' and
inserting ``The''.
(6) Termination.--This subsection shall take effect on the
date of the enactment of this title and except as provided in
paragraphs (2)(B), (3)(C), (4), and (5), shall cease to be
effective on that date that is 180 days after the termination
of the public health emergency declared by the Secretary of
Health and Human Services under section 319 of the Public
Health Service Act (42 U.S.C. 247d), with respect to COVID-19.
(e) Conrad 30 Program.--
(1) Permanent authorization.--Section 220(c) of the
Immigration and Nationality Technical Corrections Act of 1994
(Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking
``and before September 30, 2015''.
(2) Admission of nonimmigrants.--Section 214(l) of the
Immigration and Nationality Act (8 U.S.C. 1184(l)), is
amended--
(A) in paragraph (1)(B)--
(i) by striking ``30'' and inserting
``35''; and
(ii) by inserting ``, except as provided in
paragraph (4)'' before the semicolon at the
end; and
(B) by adding at the end the following:
``(4) Adjustment in waiver numbers.--
``(A) Increases.--
``(i) In general.--Except as provided in
clause (ii), if in any fiscal year, not less
than 90 percent of the waivers provided under
paragraph (1)(B) are utilized by States
receiving at least 5 such waivers, the number
of such waivers allotted to each State shall
increase by 5 for each subsequent fiscal year.
``(ii) Exception.--If 45 or more waivers
are allotted to States in any fiscal year, an
increase of 5 waivers in subsequent fiscal
years shall be provided only in the case that
not less than 95 percent of such waivers are
utilized by States receiving at least 1 waiver.
``(B) Decreases.--If in any fiscal year in which
there was an increase in waivers, the total number of
waivers utilized is 5 percent lower than in the
previous fiscal year, the number of such waivers
allotted to each State shall decrease by 5 for each
subsequent fiscal year, except that in no case shall
the number of waivers allotted to each State drop below
35.''.
(f) Temporary Portability for Physicians and Critical Healthcare
Workers in Response to Covid-19 Public Health Emergency.--
(1) In general.--Not later than 30 days after the date of
the enactment of this title, the Secretary of Homeland
Security, in consultation with the Secretary of Labor and the
Secretary of Health and Human Services, shall establish
emergency procedures to provide employment authorization to
aliens described in paragraph (2), for purposes of facilitating
the temporary deployment of such aliens to practice medicine,
provide healthcare, or engage in medical research involving the
diagnosis, treatment, or prevention of COVID-19.
(2) Aliens described.--An alien described in this paragraph
is an alien who is--
(A) physically present in the United States;
(B) maintaining lawful nonimmigrant status that
authorizes employment with a specific employer incident
to such status; and
(C) working in the United States in a healthcare
occupation essential to COVID-19 response, as
determined by the Secretary of Health and Human
Services.
(3) Employment authorization.--
(A) Application.--
(i) In general.--The Secretary of Homeland
Security may grant employment authorization to
an alien described in paragraph (2) if such
alien submits an Application for Employment
Authorization (Form I-765 or any successor
form), which shall include--
(I) evidence of the alien's current
nonimmigrant status;
(II) copies of the alien's academic
degrees and any licenses, credentials,
or other documentation confirming
authorization to practice in the
alien's occupation; and
(III) any other evidence determined
necessary by the Secretary of Homeland
Security to establish by a
preponderance of the evidence that the
alien meets the requirements of
paragraph (2).
(ii) Conversion of pending applications.--
The Secretary of Homeland Security shall
establish procedures for the adjudication of
any employment authorization applications for
aliens described in paragraph (2) that are
pending on the date of the enactment of this
title, and the issuance of employment
authorization documents in connection with such
applications in accordance with the terms and
conditions of this subsection, upon request by
the applicant.
(B) Fees.--The Secretary of Homeland Security shall
collect a fee for the processing of applications for
employment authorization as provided under this
paragraph.
(C) Request for evidence.--If all required initial
evidence has been submitted under this subsection but
such evidence does not establish eligibility, the
Secretary of Homeland Security shall issue a request
for evidence not later than 15 days after receipt of
the application for employment authorization.
(D) Decision.--The Secretary of Homeland Security
shall issue a final decision on an application for
employment authorization under this subsection not
later than 30 days after receipt of such application,
or, if a request for evidence is issued, not later than
15 days after the Secretary receives the alien's
response to such request.
(E) Employment authorization card.--An employment
authorization document issued under this subsection
shall--
(i) be valid for a period of not less than
1 year;
(ii) include the annotation ``COVID-19'';
and
(iii) notwithstanding any other provision
of law, allow the bearer of such document to
engage in employment during its validity
period, with any United States employer to
perform services described in paragraph (1).
(F) Renewal.--Subject to paragraph (5), the
Secretary of Homeland Security may renew an employment
authorization document issued under this subsection in
accordance with procedures established by the
Secretary.
(G) Clarifications.--
(i) Maintenance of status.--Notwithstanding
a reduction in hours or cessation of work with
the employer that petitioned for the alien's
underlying nonimmigrant status, an alien
granted employment authorization under this
subsection, and the spouse and children of such
alien shall, for the period of such
authorization, be deemed--
(I) to be lawfully present in the
United States; and
(II) to have continuously
maintained the alien's underlying
nonimmigrant status for purposes of an
extension of such status, a change of
nonimmigrant status under section 248
of the Immigration and Nationality Act
(8 U.S.C. 1258), or adjustment of
status under section 245 of such Act (8
U.S.C. 1255).
(ii) Limitations.--An employment
authorization document described in
subparagraph (E) may not be--
(I) utilized by the alien to engage
in any employment other than that which
is described in paragraph (1); or
(II) accepted by an employer as
evidence of authorization under section
274A(b)(1)(C) of the Immigration and
Nationality Act (8 U.S.C.
1324a(b)(1)(C)), to engage in
employment other than that which is
described in paragraph (1).
(4) Treatment of time spent engaging in covid-19-related
work.--Notwithstanding any other provision of law, time spent
by an alien physician engaged in direct patient care involving
the diagnosis, treatment, or prevention of COVID-19 shall count
towards--
(A) the 5 years that an alien is required to work
as a full-time physician for purposes of a national
interest waiver under section 203(b)(2)(B)(ii) of the
Immigration and Nationality Act (8 U.S.C.
1153(b)(2)(B)(ii)); and
(B) the 3 years that an alien is required to work
as a full-time physician for purposes of a waiver of
the 2-year foreign residence requirement under section
212(e) of the Immigration and Nationality Act (8 U.S.C.
1182(e)), as provided in section 214(l) of such Act (8
U.S.C. 1184(l)).
(5) Extension or termination.--The procedures described in
paragraph (1) shall take effect on the date that is 30 days
after the date of the enactment of this title and shall remain
in effect until 180 days after the termination of the public
health emergency declared by the Secretary of Health and Human
Services under section 319 of the Public Health Service Act (42
U.S.C. 247d), with respect to COVID-19.
(g) Special Immigrant Status for Nonimmigrant Covid-19 Workers and
Their Families.--
(1) In general.--The Secretary of Homeland Security may
grant a petition for special immigrant classification to an
alien described in paragraph (2) (and the spouse and children
of such alien) if the alien files a petition for special
immigrant status under section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) for classification under
section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)).
(2) Aliens described.--An alien is described in this
paragraph if, during the period beginning on the date that the
COVID-19 public health emergency was declared by the Secretary
of Health and Human Services under section 319 of the Public
Health Service Act (42 U.S.C. 247d) and ending 180 days after
the termination of such emergency, the alien was--
(A) authorized for employment in the United States
and maintaining a nonimmigrant status; and
(B) engaged in the practice of medicine, provision
of healthcare services, or medical research involving
the diagnosis, treatment, or prevention of COVID-19
disease.
(3) Priority date.--Subject to paragraph (5), immigrant
visas under paragraph (1) shall be made available to aliens in
the order in which a petition on behalf of each such alien is
filed with the Secretary of Homeland Security, except that an
alien shall maintain any priority date that was assigned with
respect to an immigrant visa petition or application for labor
certification that was previously filed on behalf of such
alien.
(4) Protections for surviving spouses and children.--
(A) Surviving spouses and children.--
Notwithstanding the death of an alien described in
paragraph (2), the Secretary of State may approve an
application for an immigrant visa, and the Secretary of
Homeland Security may approve an application for
adjustment of status to lawful permanent resident,
filed by or on behalf of a spouse or child of such
alien.
(B) Age-out protection.--For purposes of an
application for an immigrant visa or adjustment of
status filed by or on behalf of a child of an alien
described in paragraph (2), the determination of
whether the child satisfies the age requirement under
section 101(b)(1) of the Immigration and Nationality
Act (8 U.S.C. 1101(b)(1)) shall be made using the age
of the child on the date the immigrant visa petition
under paragraph (1) was approved.
(C) Continuation of nonimmigrant status.--A spouse
or child of an alien described in paragraph (2) shall
be considered to have maintained lawful nonimmigrant
status until the earlier of the date--
(i) on which the Secretary of Homeland
Security accepts for filing, an application for
adjustment of status based on a petition
described in paragraph (1); or
(ii) that is 2 years after the date of the
principal nonimmigrant's death.
(5) Numerical limitations.--
(A) In general.--The total number of principal
aliens who may be provided special immigrant status
under this subsection may not exceed 4,000 per year for
each of the 3 fiscal years beginning after the date of
the enactment of this title.
(B) Exclusion from numerical limitations.--Aliens
provided special immigrant status under this subsection
shall not be counted against any numerical limitations
under section 201(d), 202(a), or 203(b)(4) of the
Immigration and Nationality Act (8 U.S.C. 1151(d),
1152(a), or 1153(b)(4)).
(C) Carry forward.--If the numerical limitation
specified in subparagraph (A) is not reached during a
given fiscal year referred to in such subparagraph, the
numerical limitation specified in such subparagraph for
the following fiscal year shall be increased by a
number equal to the difference between--
(i) the numerical limitation specified in
subparagraph (A) for the given fiscal year; and
(ii) the number of principal aliens
provided special immigrant status under this
subsection during the given fiscal year.
SEC. 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.
(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.
(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 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--
``(A) does not pose a risk of serious, imminent
injury to a reasonably identifiable person; or
``(B) is--
``(i) 50 years of age or older;
``(ii) a juvenile;
``(iii) an individual with serious chronic
medical conditions, including heart disease,
cancer, diabetes, HIV, sickle cell anemia, a
neurological disease that interferes with the
ability to cough or breathe, chronic lung
disease, asthma, or respiratory illness;
``(iv) a pregnant woman;
``(v) an individual who is
immunocompromised or has a weakened immune
system; or
``(vi) an individual who has a health
condition or disability that makes them
vulnerable to COVID-19.
``(c) Target Correctional Population.--
``(1) Target population.--An eligible applicant shall
establish individualized, facility-specific target capacities
at each correction facility that will receive funds under this
section that reflect the maximum number of individuals who may
be incarcerated safely in accordance with the Centers for
Disease Control and Prevention guidelines for correctional
facilities pertaining to COVID-19, with consideration given to
Centers for Disease Control and Prevention guidelines
pertaining to community-based physical distancing, hygiene, and
sanitation. A correctional facility receiving funds under this
section may not use isolation in a punitive or non-medical
manner as a way of achieving specific target capacities
established under this paragraph.
``(2) Certification.--An eligible applicant shall include
in its application for a grant under this section a
certification by a public health professional who is certified
in epidemiology or infectious diseases that each correctional
facility that will receive funds under this section in its
jurisdiction meets the appropriate target capacity standard
established under paragraph (1).
``(d) Authorized Uses.--Funds awarded pursuant to this section
shall be used by grantees (including acting through nonprofit entities)
to--
``(1) test all arrestees, detainees, and inmates, and
initiate treatment for COVID-19, and transfer such an
individual for an appropriate treatment at external medical
facility, as needed;
``(2) test for COVID-19--
``(A) correctional facility staff;
``(B) volunteers;
``(C) visitors, including family members and
attorneys;
``(D) court personnel that have regular contact
with arrestees, detainees, and inmates;
``(E) law enforcement officers who transport
arrestees, detainees, and inmates; and
``(F) personnel outside the correctional facility
who provide medical treatment to arrestees, detainees,
and inmates;
``(3) curtail booking and in-facility processing for
individuals who have committed technical parole or probation
violations; and
``(4) provide transition and reentry support services to
individuals released pursuant to this section, including
programs that--
``(A) increase access to and participation in
reentry services;
``(B) promote a reduction in recidivism rates;
``(C) facilitate engagement in educational
programs, job training, or employment;
``(D) place reentering individuals in safe and
sanitary temporary transitional housing;
``(E) facilitate the enrollment of reentering
individuals with a history of substance use disorder in
medication-assisted treatment and a referral to
overdose prevention services, mental health services,
or other medical services; and
``(F) facilitate family reunification or support
services, as needed.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated $500,000,000 to carry out this section and section 3065
for each of fiscal years 2020 and 2021.
``SEC. 3063. JUVENILE SPECIFIC SERVICES.
``(a) In General.--The Attorney General, acting through the
Administrator of the Office Juvenile Justice and Delinquency
Prevention, consistent with section 261 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C. 11171), is authorized to
make grants to States and units of local government or combinations
thereof to assist them in planning, establishing, operating,
coordinating, and evaluating projects directly, or through grants and
contracts with public and private agencies and nonprofit entities (as
such term is defined under section 408(5)(A) of the Juvenile Justice
and Delinquency Prevention Act of 1974 (34 U.S.C. 11296(5)(A))), for
the development of more effective education, training, research,
prevention, diversion, treatment, and rehabilitation programs in the
area of juvenile delinquency and programs to improve the juvenile
justice system, consistent with subsection (b).
``(b) Use of Grant Funds.--Grants under this section shall be used
for the exclusive purpose of providing juvenile specific services
that--
``(1) provide rapid mass testing for COVID-19 in juvenile
facilities, notification of the results of such tests to
juveniles and authorized family members or legal guardians, and
include policies and procedures for non-punitive quarantine
that does not involve solitary confinement, and provide for
examination by a doctor for any juvenile who tests positive for
COVID-19;
``(2) examine all pre- and post-adjudication release
processes and mechanisms applicable to juveniles and begin
employing these as quickly as possible;
``(3) provide juveniles in out of home placements with
continued access to appropriate education;
``(4) provide juveniles with access to legal counsel
through confidential visits or teleconferencing;
``(5) provide staff and juveniles with appropriate personal
protective equipment, hand washing facilities, toiletries, and
medical care to reduce the spread of the virus;
``(6) provide juveniles with frequent and no cost calls
home to parents, legal guardians, and other family members;
``(7) advance policies and procedures for juvenile
delinquency program proceedings (including court proceedings)
and probation conditions so that in-person reporting
requirements for juveniles are replaced with virtual or
telephonic appearances without penalty;
``(8) expand opportunities for juveniles to participate in
community based services and social services through
videoconferencing or teleconferencing; or
``(9) place a moratorium on all requirements for juveniles
to attend and pay for court and probation-ordered programs,
community service, and labor, that violate any applicable
social distancing or stay at home order.
Each element described in paragraph (1) through (9) shall be trauma-
informed, reflect the science of adolescent development, and be
designed to meet the needs of at-risk juveniles and juveniles who come
into contact with the justice system.
``(c) Definitions.--Terms used in this section have the meanings
given such terms in the Juvenile Justice and Delinquency Prevention Act
of 1974. The term `juvenile' has the meaning given such term in section
1809 of this Act.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $75,000,000 for each of fiscal
years 2020 and 2021.
``SEC. 3064. RAPID COVID-19 TESTING.
``(a) In General.--The Attorney General shall make grants to
grantees under section 3062 for the exclusive purpose of providing for
rapid COVID-19 testing of arrestees, detainees, and inmates who are
exiting the custody of a correctional facility prior to returning to
the community.
``(b) Use of Funds.--Grants provided under this section may be used
for any of the following:
``(1) Purchasing or leasing medical devices authorized by
the U.S. Food and Drug Administration to detect COVID-19 that
produce results in less than one hour.
``(2) Purchasing or securing COVID-19 testing supplies and
personal protective equipment used by the correctional facility
to perform such tests.
``(3) Contracting with medical providers to administer such
tests.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2020 and 2021.
``SEC. 3065. PRETRIAL CITATION AND RELEASE.
``(a) Authorization.--The Attorney General shall make grants under
this section to eligible applicants for the purposes set forth in
section 3061(b)(2).
``(b) Program Eligibility.--Eligible applicants under this section
are States and units of local government that implement or continue
operation of a program described in subsection (c)(1) and not fewer
than 2 of the other programs enumerated in such subsection.
``(c) Use of Grant Funds.--A grantee shall use amounts provided as
a grant under this section for programs that provide for the following:
``(1) Adopting and operating a cite-and-release process for
individuals who are suspected of committing misdemeanor and
felony offenses and who do not pose a risk of serious, imminent
injury to a reasonably identifiable person.
``(2) Curtailing booking and in-facility processing for
individuals who have committed technical parole or probation
violations.
``(3) Ensuring that defense counsel is appointed at the
earliest hearing that could result in pretrial detention so
that low-risk defendants are not unnecessarily further exposed
to COVID-19.
``(4) Establishing early review of charges by an
experienced prosecutor, so only arrestees and detainees who
will be charged are detained.
``(5) Providing appropriate victims' services supports and
safety-focused residential accommodations for victims and
community members who have questions or concerns about releases
described in this subsection.
``SEC. 3066. REPORT.
``(a) In General.--Not later than 6 months after the date on which
grants are initially made under this part, and biannually thereafter
during the grant period, the Attorney General shall submit to Congress
a report on the program, which shall include--
``(1) the number of grants made, the number of grantees,
and the amount of funding distributed to each grantee pursuant
to this part;
``(2) the location of each correctional facility where
activities are carried out using grant amounts;
``(3) the number of persons in the custody of correctional
facilities where activities are carried out using grant
amounts, including incarcerated persons released on parole,
community supervision, good time or early release, clemency or
commutation, as a result of the national emergency under the
National Emergencies Act (50 U.S.C. 1601 et seq.) declared by
the President with respect to the Coronavirus Disease 2019
(`COVID-19'), disaggregated by type of offense, age, race, sex,
and ethnicity; and
``(4) for each facility receiving funds under section
3062--
``(A) the total number of tests for COVID-19
performed;
``(B) the results of such COVID-19 tests (confirmed
positive or negative);
``(C) the total number of probable COVID-19
infections;
``(D) the total number of COVID-19-related
hospitalizations, the total number of intensive care
unit admissions, and the duration of each such
hospitalization;
``(E) recoveries from COVID-19; and
``(F) COVID-19 deaths,
disaggregated by race, ethnicity, age, disability, sex,
pregnancy status, and whether the individual is a staff member
of or incarcerated at the facility.
``(b) Privacy.--Data reported under this section shall be reported
in accordance with applicable privacy laws and regulations.
``SEC. 3067. NO MATCHING REQUIRED.
``The Attorney General shall not require grantees to provide any
matching funds with respect to the use of funds under this part.
``SEC. 3068. DEFINITION.
``For purposes of this part:
``(1) Correctional facility.--The term `correctional
facility' includes a juvenile facility.
``(2) Covered emergency period.--The term `covered
emergency period' has the meaning given the term in section
12003 of the CARES Act (Public Law 116-136).
``(3) Covid-19.--The term `COVID-19' means a disease caused
by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-
2).
``(4) Detainee; arrestee; inmate.--The terms `detainee',
`arrestee', and `inmate' each include juveniles.''.
SEC. 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 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
(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.
``(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 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 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.
Attest:
Clerk.
116th CONGRESS
2d Session
H.R. 925
_______________________________________________________________________
HOUSE AMENDMENT TO SENATE AMENDMENT
The Heroes Act
#925 | HR Congress #116
Policy Area: Economics and Public Finance
Subjects: Accounting and auditingAdministrative law and regulatory proceduresAdministrative remediesAdoption and foster careAdult day careAdult education and literacyAdvisory bodiesAfrican Development FoundationAgingAgricultural conservation and pollutionAgricultural marketing and promotionAgricultural prices, subsidies, creditAir qualityAlaska Natives and HawaiiansAllied health servicesAlternative and renewable resourcesAmerican Battle Monuments CommissionAmerican SamoaAnimal and plant health
Last Action: Motion to reconsider laid on the table Agreed to without objection. (10/1/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text